9–2–05 Friday Vol. 70 No. 170 Sept. 2, 2005
Pages 52283–52892
VerDate Aug 18 2005 19:41 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\02SEWS.LOC 02SEWS
i II Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005
The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.archives.gov. FEDERAL REGISTER WORKSHOP The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication THE FEDERAL REGISTER: WHAT IT IS AND HOW TO USE IT established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. FOR: Any person who uses the Federal Register and Code of Federal Regulations. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases WHO: Sponsored by the Office of the Federal Register. on GPO Access, a service of the U.S. Government Printing Office. WHAT: Free public briefings (approximately 3 hours) to present: The online edition of the Federal Register www.gpoaccess.gov/ nara, available through GPO Access, is issued under the authority 1. The regulatory process, with a focus on the Federal of the Administrative Committee of the Federal Register as the Register system and the public’s role in the development official legal equivalent of the paper and microfiche editions (44 of regulations. U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and includes both text and 2. The relationship between the Federal Register and graphics from Volume 59, Number 1 (January 2, 1994) forward. Code of Federal Regulations. For more information about GPO Access, contact the GPO Access 3. The important elements of typical Federal Register doc- User Support Team, call toll free 1-888-293-6498; DC area 202- uments. 512-1530; fax at 202-512-1262; or via e-mail at [email protected]. 4. An introduction to the finding aids of the FR/CFR sys- The Support Team is available between 7:00 a.m. and 9:00 p.m. tem. Eastern Time, Monday–Friday, except official holidays. The annual subscription price for the Federal Register paper WHY: To provide the public with access to information nec- edition is $749 plus postage, or $808, plus postage, for a combined essary to research Federal agency regulations which di- Federal Register, Federal Register Index and List of CFR Sections rectly affect them. There will be no discussion of specific Affected (LSA) subscription; the microfiche edition of the Federal agency regulations. Register including the Federal Register Index and LSA is $165, llllllllllllllllll plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to WHEN: Thursday, September 22, 2005 orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, 9:00 a.m.–Noon is based on the number of pages: $11 for an issue containing WHERE: Office of the Federal Register less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues Conference Room, Suite 700 of the microfiche edition may be purchased for $3 per copy, 800 North Capitol Street, NW. including postage. Remit check or money order, made payable Washington, DC 20002 to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or RESERVATIONS: (202) 741–6008 Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954; or call toll free 1-866- 512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 70 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington DC 20402, along with the entire mailing label from the last issue received.
.
VerDate Aug 18 2005 19:41 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\02SEWS.LOC 02SEWS III
Contents Federal Register Vol. 70, No. 170
Friday, September 2, 2005
Agriculture Department See National Oceanic and Atmospheric Administration See Commodity Credit Corporation See Forest Service Committee for Purchase From People Who Are Blind or See National Agricultural Statistics Service Severely Disabled NOTICES Army Department Procurement list; additions and deletions, 52363–52364 See Engineers Corps Commodity Credit Corporation Blind or Severely Disabled, Committee for Purchase From RULES People Who Are Loan and purchase programs: See Committee for Purchase From People Who Are Blind Collection of State commodity assessments, 52283–52285 or Severely Disabled Customs and Border Protection Bureau Centers for Disease Control and Prevention PROPOSED RULES NOTICES Organization and functions; field organization, ports of Grant and cooperative agreement awards: entry, etc.: Beth Israel Deaconess Medical Center, Mind/Body Sacramento, CA, port establishment; San Francisco, CA, Medical Institute, 52395–52396 port limits realignment, 52336–52338 Tanzania and Zanzibar AIDS Commissions, 52396 NOTICES Meetings: Meetings: Disease, Disability, and Injury Prevention and Control Trade symposium, 52425 Special Emphasis Panel; correction, 52397 Defense Department Centers for Medicare & Medicaid Services See Engineers Corps NOTICES See Navy Department Agency information collection activities; proposals, submissions, and approvals, 52397 Education Department NOTICES Children and Families Administration Agency information collection activities; proposals, See Refugee Resettlement Office submissions, and approvals, 52368–52369
Coast Guard Employment Standards Administration RULES NOTICES Drawbridge operations: Minimum wages for Federal and federally-assisted New York, 52307–52308 construction; general wage determination decisions, Ports and waterways safety; regulated navigation areas, 52447–52449 safety zones, security zones, etc.: Portland Captain of the Port Zone, OR, 52308–52310 Energy Department Regattas and marine parades: See Federal Energy Regulatory Commission Elizabeth City Jaycee Offshore Grand Prix, 52305–52307 See Southwestern Power Administration South Lake Tahoe, CA; Labor Day fireworks display, 52303–52305 Engineers Corps PROPOSED RULES NOTICES Drawbridge operations: Environmental statements; notice of intent: Louisiana, 52340–52345 Mississippi River & Tributaries-Morganza, Louisiana to Regattas and marine parades: Gulf of Mexico Hurricane Project; Houma Navigation Hampton Roads Sailboat Classic, 52338–52340 Canal lock complex and associated structures, 52368 NOTICES Agency information collection activities; proposals, Environmental Protection Agency submissions, and approvals, 52421–52422 PROPOSED RULES Deepwater ports; license applications: Water programs: Northeast Gateway Energy Bridge, L.L.C., 52422–52423 Pollutants analysis test procedures; guidelines— Meetings: Wastewater and sewage sludge biological pollutants; Towing Safety Advisory Committee, 52423–52424 analytical methods; correction, 52485 Organization, functions, and authority delegations: NOTICES Sector North Carolina, Marine Safety Unit Wilmington Environmental statements; availability, etc.: and Sector Field Office Cape Hatteras; stand-up, Agency statements— 52424–52425 Comment availability, 52380–52381 Weekly receipts, 52380 Commerce Department Superfund; response and remedial actions, proposed See International Trade Administration settlements, etc.: See National Institute of Standards and Technology Anniston Lead and Anniston PCB Sites, AL, 52381
VerDate Aug<18>2005 19:42 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\02SECN.SGM 02SECN IV Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Contents
Executive Office for Immigration Review NOTICES NOTICES Environmental statements; availability, etc.: Agency information collection activities; proposals, Incidental take permits— submissions, and approvals, 52447 Contra Costa County, CA; multiple species habitat conservation plan, 52434–52436 Executive Office of the President Food and Drug Administration See Trade Representative, Office of United States RULES Animal drugs, feeds, and related products: Federal Aviation Administration Sponsor name and address changes— RULES Pharmaq AS, 52291–52292 Airworthiness directives: NOTICES McDonnell Douglas, 52285–52288 Agency information collection activities; proposals, Standard instrument approach procedures, 52288–52291 submissions, and approvals, 52397–52399 VOR Federal airways, 52288 Meetings: Blood Products Advisory Committee, 52399–52400 Federal Energy Regulatory Commission PROPOSED RULES Forest Service Natural gas companies (Natural Gas Act): NOTICES Energy Policy Act of 2005; implementation— Meetings: Liquefied natural gas terminals and other natural gas Resource Advisory Committees— facilities; pre-filing procedures, 52328–52336 Mendocino County, 52361 NOTICES Wrangell-Petersburg, 52361 Agency information collection activities; proposals, Reports and guidance documents; availability, etc.: submissions, and approvals, 52369–52370 National Forest System Lands— Complaints filed: Forest Service Grazing Permit Administration San Diego Gas & Electric Co., 52373 Handbook; interim directives; correction, 52361– Electric rate and corporate regulation combined filings, 52362 52373–52374 Environmental statements; availability, etc.: Health and Human Services Department Liberty Gas Storage, L.L.C., 52374–52375 See Centers for Disease Control and Prevention Port Arthur LNG, L.P., et al., 52375–52377 See Centers for Medicare & Medicaid Services Hydroelectric applications, 52377–52380 See Food and Drug Administration Applications, hearings, determinations, etc.: See National Institutes of Health Crown Landing LLC, et al., 52370 See Refugee Resettlement Office Devon Power LLC, et al., 52370–52371 See Substance Abuse and Mental Health Services East Kentucky Power Cooperative, Inc., 52371 Administration National Fuel Gas Supply Corp., 52371–52372 NOTICES Northern Natural Gas Co., 52372 Grants and cooperative agreements; availability, etc.: Transcontinental Gas Pipe Line Corp., 52372–52373 Afghanistan; Indira Ghandi Children’s Hospital; provide medical equipment, pharmaceuticals, and Federal Highway Administration technology-related training to physicians and other NOTICES staff, 52381–52388 Environmental statements; availability, etc.: Afghanistan; strengthening management of women’s and Colfax and Dodge Counties. NE, 52464–52465 children’s hospitals and hospital services; technical assistance and support, 52388–52395 Federal Maritime Commission Reports and guidance documents; availability, etc.: PROPOSED RULES Public Health Security and Bioterrorism Preparedness Ocean shipping in foreign commerce: and Response Act of 2002; implementation— Non-vessel-operating carrier service arrangements, Potassium iodide (KI); requesting, stockpiling, and 52345–52346 distributing from Strategic National Stockpile; Federal guidelines; correction, 52395 Federal Motor Carrier Safety Administration Homeland Security Department NOTICES See Coast Guard Motor carrier safety standards: See Customs and Border Protection Bureau Driver qualifications— See U.S. Citizenship and Immigration Services Huelle, Gerald E., et al.; diabetes exemption NOTICES applications, 52465–52467 Meetings: Exemption applications— National Infrastructure Advisory Council, 52420–52421 PINOVA, 52467–52469 Housing and Urban Development Department Fish and Wildlife Service NOTICES RULES Grants and cooperative agreements; availability, etc.: Endangered and threatened species: Homeless assistance; excess and surplus Federal Captive-bred scimitar-horned oryx, addax, and dama properties, 52860–52892 gazelle, 52310–52319 Scimitar-horned oryx, addax, and dama gazelle, 52319– Interior Department 52324 See Fish and Wildlife Service
VerDate Aug<18>2005 19:42 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\02SECN.SGM 02SECN Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Contents V
See Land Management Bureau Nonconforming vehicles— See National Park Service Defect and noncompliance decisions; annual list, 52470–52477 Internal Revenue Service RULES National Institute of Standards and Technology Income taxes: NOTICES Estimated income tax regulations; update, 52299–52302 International Code Council; international codes and standards; update process, 52366–52367 International Trade Administration Meetings: NOTICES National Construction Safety Team Advisory Committee, Antidumping: 52367–52368 Malleable iron pipe fittings from— China, 52364–52365 National Institutes of Health Tariff rate quotas: NOTICES Worsted wool fabrics, 52365–52366 Agency information collection activities; proposals, submissions, and approvals, 52400 International Trade Commission Inventions, Government-owned; availability for licensing, NOTICES 52400–52405 Import investigations: Meetings: Sugar from— National Center on Minority Health and Health Various countries, 52446–52447 Disparities, 52405 National Eye Institute, 52405–52406 Justice Department National Institute of Allergy and Infectious Diseases, See Executive Office for Immigration Review 52408 National Institute of Arthritis and Musculoskeletal and Labor Department Skin Diseases, 52407–52408 See Employment Standards Administration National Institute of Child Health and Human See Mine Safety and Health Administration Development, 52407 National Institute on Aging, 52406–52407 Land Management Bureau NOTICES National Oceanic and Atmospheric Administration Environmental statements; availability, etc.: RULES Mercer County, ND; Freedom Mine coal tract lease, Endangered and threatened species: 52436–52437 Critical habitat designations— Environmental statements; notice of intent: Pacific salmon and steelhead; California evolutionary San Pedro Riparian National Conservation Area, AZ; significant units, 52488–52627 resource management plan, 52437–52438 West Coast salmon and steelhead; evolutionarily Recreation management restrictions, etc.: significant units, 52630–52858 El Paso, Freemont Park, and Teller Counties, CO; Fishery conservation and management: supplementary rules regarding motorized vehicles Alaska; fisheries of Exclusive Economic Zone— and bicycles; closure to target shooting, 52438–52440 Deep-water species; closure to vessels using trawl gear Gila Box Riparian National Conservation Area, AZ; in Gulf of Alaska, 52326–52327 floating permit change, 52440 Northern rockfish, 52326 Knolls Special Recreation Management Area, UT; special Shallow-water species; closure to vessels using trawl recreation permit fee area established, 52440–52443 gear in Gulf of Alaska, 52325–52326 International fisheries regulations: Maritime Administration Bigeye tuna; longline fisheries restrictions in Eastern NOTICES Tropical Pacific Ocean, 52324–52325 Deepwater ports; license applications: PROPOSED RULES Northeast Gateway Energy Bridge, L.L.C., 52422–52423 Fishery conservation and management: Atlantic coastal fisheries cooperative management— Mine Safety and Health Administration American lobster, 52346–52360 NOTICES Petitions for safety standards modifications; summary of National Park Service affirmative decisions; correction, 52449 NOTICES Agency information collection activities; proposals, National Agricultural Statistics Service submissions, and approvals, 52443–52444 NOTICES Environmental statements; availability, etc.: Agency information collection activities; proposals, Ebey’s Landing National Historical Reserve, WA; general submissions, and approvals, 52362 management plan, 52444–52445 Meetings: National Highway Traffic Safety Administration National Park Subsistence Resource Commission, 52445 RULES Oil and gas plans of operation; availability, etc.: National Driver Register Problem Driver Pointer System; Big Thicket National Preserve, TX, 52446 participation and data receipt procedures, 52296–52299 NOTICES Navy Department Motor vehicle safety standards: RULES Exemption petitions, etc.— Navigation, COLREGS compliance exemptions: DOT Chemical, 52469–52470 USS WINSTON S. CHURCHILL, 52302–52303
VerDate Aug<18>2005 19:42 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\02SECN.SGM 02SECN VI Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Contents
Office of United States Trade Representative Kansas City Southern Railway Co., 52483–52484 See Trade Representative, Office of United States Trade Representative, Office of United States Railroad Retirement Board NOTICES NOTICES Tariff-rate quota amount determinations: Agency information collection activities; proposals, Raw cane sugar; 2005 FY county-by-country submissions, and approvals, 52449–52450 reallocations, 52464 Refugee Resettlement Office NOTICES Transportation Department Grants and cooperative agreements; availability, etc.: See Federal Aviation Administration Refugee Resettlement Program— See Federal Highway Administration Targeted Assistance Program; State allocations, 52408– See Federal Motor Carrier Safety Administration 52419 See Maritime Administration See National Highway Traffic Safety Administration Securities and Exchange Commission See Surface Transportation Board NOTICES Investment Company Act of 1940: Treasury Department First Trust Exchange-Traded Fund, et al., 52450–52453 See Internal Revenue Service Public Utility Holding Company Act of 1935 filings, 52454– See United States Mint 52455 Securities: U.S. Citizenship and Immigration Services Suspension of trading— NOTICES Bancorp International Group, Inc., 52455 Temporary protected status program designations; Self-regulatory organizations; proposed rule changes: terminations, extensions, etc.: Boston Stock Exchange, Inc., 52455 Burundi, 52425–52429 National Association of Securities Dealers, Inc., 52456– Sudan, 52429–52433 52461 National Securities Clearing Corp., 52461–52462 United States Mint Pacific Exchange, Inc., 52462–52464 NOTICES Southwestern Power Administration Meetings: NOTICES Citizens Coinage Advisory Committee, 52484 Reports and guidance documents; availability, etc.: Integrated system power rates; correction, 52380 Separate Parts In This Issue State Department RULES Part II Visas; nonimmigrant documentation: Commerce Department, National Oceanic and Atmospheric Treaty trader, treaty investor, or treaty alien in specialty Administration, 52488–52627 occupation; definition and clarification; new E-3 visa classification, 52292–52295 Part III Statistical Reporting Service Commerce Department, National Oceanic and Atmospheric See National Agricultural Statistics Service Administration, 52630–52858
Substance Abuse and Mental Health Services Part IV Administration Housing and Urban Development Department, 52860–52892
NOTICES Federal agency urine drug testing; certified laboratories Reader Aids meeting minimum standards, list, 52419–52420 Consult the Reader Aids section at the end of this issue for Surface Transportation Board phone numbers, online resources, finding aids, reminders, NOTICES and notice of recently enacted public laws. Railroad operation, acquisition, construction, etc.: To subscribe to the Federal Register Table of Contents CSX Transportation, Inc., 52477–52482 LISTSERV electronic mailing list, go to http:// Railroad services abandonment: listserv.access.gpo.gov and select Online mailing list Cincinnati, New Orleans and Texas Pacific Railway Co., archives, FEDREGTOC-L, Join or leave the list (or change 52482–52483 settings); then follow the instructions.
VerDate Aug<18>2005 19:42 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\02SECN.SGM 02SECN Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Contents VII
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR 1405...... 52283 14 CFR 39...... 52285 71...... 52288 97...... 52288 18 CFR Proposed Rules: 153...... 52328 157...... 52328 375...... 52328 19 CFR Proposed Rules: 101...... 52336 21 CFR 510...... 52291 558...... 52291 22 CFR 41...... 52292 23 CFR 1327...... 52296 26 CFR 1...... 52299 32 CFR 706...... 52302 33 CFR 100 (2 documents) ...... 52303, 52305 117...... 52307 165...... 52308 Proposed Rules: 100...... 52338 117 (2 documents) ...... 52340, 52343 40 CFR Proposed Rules: 136...... 52485 46 CFR Proposed Rules: 531...... 52345 50 CFR 17 (2 documents) ...... 52310, 52319 226 (2 documents) ...... 52488, 52630 300...... 52324 679 (3 documents) ...... 52325, 52326 Proposed Rules: 697...... 52346
VerDate Aug 18 2005 19:44 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\02SELS.LOC 02SELS 52283
Rules and Regulations Federal Register Vol. 70, No. 170
Friday, September 2, 2005
This section of the FEDERAL REGISTER a CCC marketing assistance loan. (70 FR support the intent and implementation contains regulatory documents having general 33043). The rule provided that CCC of the proposed regulation. Seven applicability and legal effect, most of which would deduct from marketing assistance commenters opposed the collection and are keyed to and codified in the Code of loan proceeds an amount equal to any deduction of commodity assessments Federal Regulations, which is published under assessment required under State or from a producer’s marketing assistance 50 titles pursuant to 44 U.S.C. 1510. Federal law to be paid by a producer loan proceeds and five commenters The Code of Federal Regulations is sold by who markets the commodity, or by the support the proposed regulation as the Superintendent of Documents. Prices of first purchaser of the commodity. The written. These comments were new books are listed in the first FEDERAL preamble of that rule described the submitted without any additional REGISTER issue of each week. history of CCC’s role in collecting explanations. CCC analyzed the public commodity assessments, the statutory comments received and has decided to authority allowing CCC to engage in the adopt the proposed rule, with some DEPARTMENT OF AGRICULTURE collection of commodity program slight modifications as discussed below assessments, and the necessity to codify based on these comments. Commodity Credit Corporation the process for collecting commodity One respondent requested specific assessments. With respect to the information regarding the number of 7 CFR Part 1405 collection of State assessments, the forfeited loans in the State of South RIN 0560–AH35 major provisions of the proposed rule Dakota. This comment did not address included: (1) A request for CCC to provisions of the proposed rule and was Collection of State Commodity engage in the collection activity must not within the scope of the proposed Assessments initially be submitted by the Governor rule. of the State; (2) such request must One commenter stated producers are AGENCY: Commodity Credit Corporation, identify the entity that the Governor has better served by collecting the USDA. designated to enter into the collection assessments at forfeiture rather than at ACTION: Final rule. agreement with CCC; (3) a statement loan disbursement. The commenter from the Attorney General, at any time identified two specific reasons for SUMMARY: This final rule sets forth the prior to final execution of the collecting the assessment at the time of Commodity Credit Corporation’s (CCC) agreement, that the agreement is in forfeiture rather than at loan policy with respect to implementation compliance with applicable State laws disbursement. The first reason suggested of the discretionary authority provided and the provisions of section 1(a) of that certified farm-stored marketing to it by Public Law 108–470. This act Public Law 108–470; (4) collection of assistance loans may not accurately allows for the collection of assessments the assessment, as requested by the reflect the producer’s harvested levied on the marketings of agricultural Governor, may be at either the time the quantity; therefore, the assessment commodities. Generally, these marketing assistance loan is disbursed amount collected may not be accurate. assessments are required, under State to the producer or at the time of The actual quantity delivered in and Federal law, to be paid from CCC forfeiture of the commodity to CCC, but satisfaction of the marketing assistance marketing assistance loan proceeds by a not both; and (5) the State agrees to loan is determined at the time the producer who markets the commodity indemnify CCC for any costs incurred in commodity is sold or forfeited. The or are required to be collected by the collecting the assessment, including quantity delivered may differ from the first purchaser of the commodity. This costs relating to resolution of disputes quantity pledged as collateral for the final rule adopts, with changes, the arising from the requested collection of marketing assistance loan. Collection of proposed rule published in the Federal the assessment. additional assessment amounts may be Register on June 7, 2005 (70 FR 33043). With respect to assessments collected necessary. The second reason suggested DATES: This rule is effective September under Federal statutes, the proposed producers may oppose the collection of 2, 2005. rule provides that collections will be commodity assessments at the time of FOR FURTHER INFORMATION CONTACT: made as provided in such manner as loan making because the producer is Kimberly Graham, 202–720–9154, may be agreed upon by CCC and the responsible for the repayment of the full e-mail: [email protected]. entity to whom the Secretary has loan amount disbursed plus interest, if Persons with disabilities who require delegated responsibility to otherwise the producer repays the marketing alternative means for communication engage in collection activities. assistance loan at principal plus (Braille, large print, audiotape, etc.) interest. Therefore, the producer would should contact the USDA Target Center Comments and Changes to Final Rule be paying interest on the assessment at (202) 720–2600 (voice and TDD). The 30-day comment period for the amount deducted from the loan SUPPLEMENTARY INFORMATION: proposed rule closed on July 7, 2005. proceeds. CCC believes the proposed CCC received 36 responses from entities rule supports Public Law 108–470; Discussion of Final Rule or persons, which included 22 therefore, these comments are not On June 7, 2005, CCC issued a agricultural commodity associations, adopted and no changes were made. proposed rule with respect to the nine producers, two Agency employees, One commenter suggested that, in the manner in which it proposed to collect two Designated Marketing Associations case of an approved Cooperative agricultural commodity assessments (DMA’s), one State Department of Marketing Association (CMA) or owed by a producer to a State or State Agriculture and one State Senator. In Designated Marketing Association agency when the producer had obtained general, the majority of the responses (DMA), the entire marketing assistance
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52284 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
loan be disbursed to the CMA or DMA to obligate the State to reimburse CCC determined to be not significant, and and the CMA or DMA be responsible for for any costs it may incur in the event has not been reviewed by the Office of deducting the applicable commodity CCC is sued by a party who objects to Management Budget. assessment and remitting the the collection of the assessment on Regulatory Flexibility Act commodity assessment to the State behalf of the State. Accordingly, CCC entity. An approved CMA or DMA is will continue to require that such It has been determined that the eligible to receive marketing assistance approval has been obtained before CCC Regulatory Flexibility Act is applicable loans or LDP’s on behalf of their eligible will enter into an agreement to collect to this final rule. producer members. CCC agrees with the the assessment. Environmental Assessment commenter and believes it would be Section 1405.9(c)(1)–(2) more difficult and complex to handle The environmental impacts of this individual producer members’ multi- Several comments opposed the final rule have been considered state commodity assessment deductions. provisions in sections 1405.9(c)(1) and consistent with the provisions of the Since the CMA and DMA have (2) that requires the State to indemnify National Environmental Policy Act of administrative processes in place to CCC for any costs incurred in collecting 1969 (NEPA), 42 U.S.C. 4321 et seq., the monitor producer members’ marketing the commodity assessment and that the regulations of the Council on assistance loan and LDP amounts and producer have the ability to request Environmental Quality (40 CFR parts cooperative pool sale amounts for its’ from the State a refund of the 1500–1508), and the FSA regulations for members amounts, CCC believes the assessment collected from the compliance with NEPA, 7 CFR part 799. CMA and DMA will ensure that fair and producer’s marketing assistance loan. FSA concluded that the rule requires no accurate distribution of the commodity Several respondents expressed further environmental review because it assessment deductions will be made to uncertainty as to whether the costs is categorically excluded. No the specific State entity. Therefore, the would include CCC administrative costs extraordinary circumstances or other comments are adopted and such associated with routinely collecting and unforeseeable factors exist which would changes are included in the final rule. processing assessments. Commenters require preparation of an environmental More specific responses addressed also expressed opposition towards the assessment or environmental impact particular provisions of the rule with indemnification provision, if the statement. respect to the collection of State provision included those types of commodity assessments. Some administrative costs. The action of CCC Executive Order 12988 responses contained multiple in collecting State authorized This final rule has been reviewed in comments. These comments are commodity assessments provides no accordance with Executive Order 12988. discussed below on a section-by-section benefit to CCC and results in the This final rule preempts State laws that basis, along with the changes that have expenditure of funds appropriated to are inconsistent with it. This rule is not been made to the interim rule. FSA; the loss of these expenditures retroactive. Before any legal action may directly affects the ability of FSA to be brought regarding a determination Section 1405.9(b)(1)–(2) undertake its own activities. under this rule, the administrative Nine respondents opposed the Accordingly, CCC has determined, since appeal provisions set forth at 7 CFR provisions in section 1405.9(b)(1) and the beneficiary of this action is the State parts 11 and 780 must be exhausted. (2) that require the Governor of the State or State agency requesting the to request that the assessment be assessment be collected, that the costs of Executive Order 12372 collected and the Attorney General of such action should not be borne by CCC This program is not subject to the the State, or a person authorized to act or FSA. provisions of Executive Order 12372, on behalf of the Attorney General, With respect to allowing the producer which require intergovernmental provide CCC an opinion that the to request from the State a refund of the consultation with State and local collection activity is authorized by State collected assessment, CCC is required officials. See the notice related to 7 CFR law and complies with the provisions of by statute to provide a certain levels of part 3014, subpart V, published at 48 FR section 1(a) of Public Law 108–470. assistance to producers. By deducting 29115 (June 24, 1983). Most of the respondents suggested that state commodity assessments from the the request from the Governor was marketing assistance loan proceeds and Unfunded Mandates Reform Act of superfluous since the state commodity not at the time of actual marketing 1995. commissions are created by State statute increases the risk of the producer paying The rule contains no Federal and are agencies of the State. It was double assessments. A double mandates under the regulatory suggested that a request from a state assessment would result in a reduction provisions of Title II of the Unfunded commission and a copy of the enabling of the statutory level of assistance Mandates Reform Act of 1995 (UMRA) legislation should be deemed sufficient required to be provided by CCC. Also, for State, Local, and tribal governments for the purpose of making the initial CCC is not responsible for tracking or the private sector. Thus, this rule is request. Commenters also believe that double assessments or for making not subject to the requirements of obtaining a separate opinion from the refunds of double assessment sections 202 and 205 of the UMRA. Attorney General would be costly, time collections to the producer. For that Paperwork Reduction Act consuming, and redundant. In prior reason the final rule retains this years, CCC has routinely required that requirement for the agreement; however, Section 1601(c) of the 2002 Act approval from the Office of the Attorney the final rule will clarify that the provides that the promulgation of General for a State be obtained by the mandatory refund is applicable to regulations and the administration of party entering into such an agreement refunds of double assessment Title I of the 2002 Act shall be made with CCC in order to ensure that such collections. without regard to chapter 5 of title 44 party has the authority to bind the State of the United States Code (the with respect to all of the provisions of Executive Order 12866 Paperwork Reduction Act). Accordingly, the agreement. Specifically, CCC is This rule is issued in conformance these regulations and the forms and concerned that such party must be able with Executive Order 12866, was other information collection activities
VerDate Aug<18>2005 15:12 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52285
needed to administer the program assessment otherwise authorized to be collection of the assessment with the authorized by these regulations are not remitted to a federally authorized entity approval of CCC. subject to review by OMB under the under a Federal statute by the producer Signed in Washington, DC, on August 17, Paperwork Reduction Act. of the commodity pledged as collateral 2005. for such loan or the first purchaser of Executive Order 12612 James R. Little, such commodity in the manner agreed This rule does not have sufficient Executive Vice President, Commodity Credit to by CCC and the entity to whom the Corporation. Federalism implications to warrant the Secretary of Agriculture has authorized [FR Doc. 05–17500 Filed 9–1–05; 8:45 am] preparation of a Federalism Assessment. to collect such assessments. The provisions contained in this rule (b) CCC will collect commodity BILLING CODE 3410–05–P will not have substantial direct effect on assessments authorized under a State States or their political subdivisions or statute when: on the distribution of power and (1) The State entity has: DEPARTMENT OF TRANSPORTATION responsibilities among the various (i) Requested that the assessment be Federal Aviation Administration levels of government. collected; (ii) Identified whether the assessment Federal Assistance Programs is to be collected at the time the loan 14 CFR Part 39 The title and number of the Federal proceeds are disbursed or at the time the [Docket No. FAA–2004–19536; Directorate assistance program found in the Catalog commodity is forfeited to CCC; Identifier 2004–NM–86–AD; Amendment 39– of Federal Domestic Assistance to which (iii) Identified the person who may 14247; AD 2005–18–07] this final rule applies are Commodity enter into an agreement with CCC that RIN 2120–AA64 Loans and Loan Deficiency Payments, sets forth the obligations of the State 10.051. and CCC with respect to the collection Airworthiness Directives; McDonnell of the assessment; and List of Subjects in 7 CFR Part 1405 Douglas Model DC–8–11, DC–8–12, (iv) Provided an opinion from the DC–8–21, DC–8–31, DC–8–32, DC–8– Agricultural commodities, Feed Office of the Attorney General to CCC 33, DC–8–41, DC–8–42, and DC–8–43 grains, Grains, Loan programs— that concludes the person signing the Airplanes; DC–8–50 Series Airplanes; agriculture, Oilseeds, Price support agreement may obligate the State to DC–8F–54 and DC–8F–55 Airplanes; programs, Reporting and record keeping comply with the agreement and the DC–8–60 Series Airplanes; DC–8–60F requirements. provisions of Public Law 108–470 have Series Airplanes; DC–8–70 Series I Accordingly, 7 CFR part 1405 is been met. Airplanes; and DC–8–70F Series amended as follows: (2) The agreement described in Airplanes paragraph (c) of this section has been PART 1405—LOANS, PURCHASES, executed by the appropriate State AGENCY: Federal Aviation AND OTHER OPERATIONS official and CCC. Administration (FAA), Department of (c) CCC will enter into an agreement Transportation (DOT). I 1. The authority citation for part 1405 with an authorized State official to ACTION: Final rule. is revised to read as follows: collect commodity assessments when SUMMARY: The FAA is superseding an Authority: 7 U.S.C. 1515; 7 U.S.C. 7991(e); the actions set forth in paragraphs (b)(1) 15 U.S.C. 714b and 714c; and Public Law and (2) of this section have been existing airworthiness directive (AD), 108–470. completed. Such agreement will contain which applies to certain McDonnell I 2. Add § 1405.9 to read as follows: the obligations and responsibilities of Douglas transport category airplanes. the State and CCC. All such agreements That AD currently requires repetitive § 1405.9 Commodity assessments. will include provisions that provide: inspections for cracking of the lower (a) CCC will deduct from the proceeds (1) The State will indemnify CCC for cargo doorjamb corners, and corrective of a marketing assistance loan an any costs incurred in the collection of action if necessary. That AD provides amount equal to the amount of an the assessment including costs incurred for optional terminating action for assessment otherwise required to be with respect to resolution of disputes certain repetitive inspections for certain remitted to a State agency under a State arising from the requested collection of airplanes. For certain other airplanes, statute by the producer of the the assessment and for administrative that AD requires modification of the commodity pledged as collateral for costs incurred by CCC in the collection lower cargo doorjamb corners. This new such loan or by the first purchaser of of the assessment; AD adds airplanes to the applicability. such commodity subject to the (2) The State, in cases where an The existing AD was prompted by requirements of paragraph (b) of this assessment has been collected two or reports of fatigue cracks in the fuselage section. more times with respect to the same skin in the lower cargo doorjamb (1) The assessment will be collected quantity of the commodity subject to the corners; this AD is prompted by the in one of the following ways, as assessment, will refund the amount of inadvertent omission of certain requested by the State, but not both: the excess collection to the producer. airplanes from the existing applicability. (i) When the proceeds of the loan are (3) The agreement may be terminated We are issuing this AD to ensure that disbursed; or by either party upon 30 days notice. the unsafe condition will be addressed (ii) When the commodity pledged as (4) The State, in cases where the on all affected airplanes so that cracking collateral for the loan is forfeited to marketing assistance loan is made by a in the lower cargo doorjamb corners is CCC, in which case CCC will collect cooperative marketing association or a detected and corrected before it can from the producer the amount of the designated marketing association result in rapid decompression of the assessment submitted by CCC to the approved by CCC, or any other similar fuselage and consequent reduced State. entity that is approved by CCC, to obtain structural integrity of the airplane. (2) CCC will deduct from the proceeds such a loan on behalf of its members DATES: Effective October 7, 2005. of a marketing assistance loan an may enter into individual arrangements On April 29, 2004 (69 FR 15234, amount equal to the amount of an with such entity to facilitate the March 25, 2004), the Director of the
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52286 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
Federal Register approved the 39–13532 (69 FR 15234, March 25, We agree with the commenter for the incorporation by reference of 2004). The existing AD applies to reasons stated, and have removed the McDonnell Douglas Service Bulletin certain McDonnell Douglas transport reporting requirements from this AD. DC8–53–078, Revision 01, dated January category airplanes. That NPRM was Changes to Delegation Authority 25, 2001. published in the Federal Register on ADDRESSES: You may examine the AD November 5, 2004 (69 FR 64523). That Boeing has received a Delegation docket on the Internet at http:// NPRM proposed to add new airplanes to Option Authorization (DOA). We have dms.dot.gov or in person at the Docket the applicability of AD 2004–06–06, and revised this final rule to delegate the Management Facility, U.S. Department retained the requirements for repetitive authority to approve an alternative of Transportation, 400 Seventh Street inspections for cracking of the lower method of compliance for any repair SW., Nassif Building, Room PL–401, cargo doorjamb corners, and corrective required by this AD to the Authorized Washington, DC. action if necessary. That NPRM also Representative for the Boeing DOA Contact Boeing Commercial retained the provision for optional Organization rather than the Designated Airplanes, Long Beach Division, 3855 terminating action for certain repetitive Engineering Representative (DER). Lakewood Boulevard, Long Beach, inspections for certain airplanes. For Explanation of Change to the California 90846, Attention: Data and certain other airplanes, that NPRM Applicability Service Management, Dept. C1–L5A retained the requirement to modify the (D800–0024), for service information lower cargo doorjamb corners. We have specified model designations identified in this AD. in the applicability of this AD as FOR FURTHER INFORMATION CONTACT: Jon Comments published in the most recent type certificate data sheet for the affected Mowery, Aerospace Engineer, Airframe We provided the public the models. Branch, ANM–120L, FAA, Los Angeles opportunity to participate in the Aircraft Certification Office, 3960 development of this AD. We have Conclusion Paramount Boulevard, Lakewood, considered the comments that have We have carefully reviewed the California 90712–4137; telephone (562) been received on the NPRM. 627–5322; fax (562) 627–5210. available data, including the comments SUPPLEMENTARY INFORMATION: Request To Remove the Reporting that have been received, and determined Requirements that air safety and the public interest Examining the Docket require adopting the AD with the You may examine the AD docket on Two commenters request that the changes described previously. We have the Internet at http://dms.dot.gov or in reporting requirements be removed from determined that these changes will person at the Docket Management the NPRM. One commenter requests neither increase the economic burden Facility office between 9 a.m. and 5 that, if the reporting requirements must on any operator nor increase the scope p.m., Monday through Friday, except be retained, the compliance time to of the AD. report (within 10 days of the inspection) Federal holidays. The Docket Costs of Compliance Management Facility office (telephone be extended to 30 days. One commenter (800) 647–5227) is located on the plaza states that the reporting of negative This AD affects about 264 airplanes level of the Nassif Building at the street findings would provide very little useful worldwide. The following table address stated in the ADDRESSES section. information while imposing additional provides the estimated costs for U.S. workload and cost to the operators and operators to comply with this AD, Discussion to the FAA. The other commenter also which adds no economic burden above The FAA issued a notice of proposed notes that similar ADs requiring that imposed by AD 2004–06–06. The rulemaking (NPRM) to amend 14 CFR inspections on principal structural current costs for this AD are repeated for part 39 to include an AD that elements on door corners do not the convenience of affected operators, as supersedes AD 2004–06–06, amendment mandate reporting requirements. follows:
ESTIMATED COSTS
Average Number of af- Action Work hours labor rate Parts Cost per air- fected U.S.-reg- Fleet cost per hour plane istered airplanes
Pre-modification inspections ...... 24 $65 None required .. $1,560, per in- Unknown ...... Unknown. spection cycle. Modification ...... 520 65 $25,000...... $58,800 ...... Unknown ...... Unknown. Post-modification inspections ...... 40 65 None required ... $2,600, per in- 244 ...... $634,400, per spection cycle. inspection cycle.
Authority for This Rulemaking We are issuing this rulemaking under safety in air commerce. This regulation the authority described in subtitle VII, is within the scope of that authority Title 49 of the United States Code part A, subpart III, section 44701, because it addresses an unsafe condition specifies the FAA’s authority to issue ‘‘General requirements.’’ Under that that is likely to exist or develop on rules on aviation safety. Subtitle I, section, Congress charges the FAA with products identified in this rulemaking Section 106, describes the authority of promoting safe flight of civil aircraft in action. the FAA Administrator. Subtitle VII, air commerce by prescribing regulations Aviation Programs, describes in more Regulatory Findings for practices, methods, and procedures detail the scope of the Agency’s We have determined that this AD will authority. the Administrator finds necessary for not have federalism implications under
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52287
Executive Order 13132. This AD will (2) Model DC–8–51, DC–8–52, DC–8–53, Group 2 Airplanes: Modification not have a substantial direct effect on and DC–8–55 airplanes; (g) Except as provided by paragraph (l) of the States, on the relationship between (3) Model DC–8F–54 and DC–8F–55 this AD, for airplanes identified as Group 2 the national government and the States, airplanes; in McDonnell Douglas Service Bulletin DC8– (4) Model DC–8–61, DC–8–62, and DC–8– 53–078, Revision 01, dated January 25, 2001: or on the distribution of power and 63 airplanes; responsibilities among the various (1) Within 2,000 landings or 3 years after (5) Model DC–8–61F, DC–8–62F, and DC– April 29, 2004, whichever occurs first, levels of government. 8–63F airplanes; modify the lower cargo doorjamb corners in For the reasons discussed above, I (6) Model DC–8–71, DC–8–72, and DC–8– accordance with the Accomplishment certify that this AD: 73 airplanes; and Instructions of the service bulletin. (1) Is not a ‘‘significant regulatory (7) Model DC–8–71F, DC–8–72F, and DC– (2) Within 17,000 landings after the action’’ under Executive Order 12866; 8–73F airplanes. modification required by paragraph (g)(1) of (2) Is not a ‘‘significant rule’’ under Unsafe Condition this AD, perform applicable inspections for DOT Regulatory Policies and Procedures cracking of the doorjamb corners, in (d) This AD was prompted by reports of (44 FR 11034, February 26, 1979); and accordance with the Accomplishment fatigue cracks in the fuselage skin in the Instructions of the service bulletin. Repeat (3) Will not have a significant lower cargo doorjamb corners. We are issuing economic impact, positive or negative, the inspections at intervals not to exceed this AD to detect and correct cracking in the 4,400 landings. on a substantial number of small entities lower cargo doorjamb corners, which could under the criteria of the Regulatory result in rapid decompression of the fuselage Group 3 and Group 4 Airplanes: Inspections Flexibility Act. and consequent reduced structural integrity (h) For airplanes identified as Group 3 and We prepared a regulatory evaluation of the airplane. Group 4 in McDonnell Douglas Service of the estimated costs to comply with Compliance Bulletin DC8–53–078, Revision 01, dated January 25, 2001: Within 17,000 landings this AD and placed it in the AD docket. (e) You are responsible for having the following accomplishment of the See the ADDRESSES section for a location actions required by this AD performed within modification specified in the service bulletin, to examine the regulatory evaluation. the compliance times specified, unless the perform applicable inspections for cracking actions have already been done. List of Subjects in 14 CFR Part 39 of the lower cargo doorjamb corners, in Air transportation, Aircraft, Aviation Restatement of Requirements of AD 2004– accordance with the Accomplishment 06–06 Instructions of the service bulletin. Repeat safety, Incorporation by reference, the inspections at intervals not to exceed Safety. Note 1: This AD is related to AD 93–01– 4,400 landings. 15, amendment 39–8469, and will affect Adoption of the Amendment Principal Structural Elements (PSEs) All Airplanes: Repair Following Post- I Accordingly, under the authority 53.08.042 and 53.08.043 of the DC–8 Modification Inspections Supplemental Inspection Document (SID), delegated to me by the Administrator, (i) If any cracking is detected during any Report L26–011, Volume II, Revision 7, dated inspection required by paragraph (f)(3), (g)(2), the FAA amends 14 CFR part 39 as April 1993. follows: or (h) of this AD: Repair before further flight Group 1 Airplanes: Inspections and Optional in accordance with a method approved by PART 39—AIRWORTHINESS Terminating Action the Manager, Los Angeles Aircraft Certification Office (ACO), FAA; or per data DIRECTIVES (f) Except as provided by paragraph (l) of meeting the type certification basis of the I this AD: For airplanes identified as Group 1 airplane approved by an Authorized 1. The authority citation for part 39 in McDonnell Douglas Service Bulletin DC8– continues to read as follows: Representative for the Boeing Delegation 53–078, Revision 01, dated January 25, 2001: Option Authorization Organization who has Authority: 49 U.S.C. 106(g), 40113, 44701. (1) Within 2,000 landings or 3 years after been authorized by the Manager, Los Angeles April 29, 2004 (the effective date of AD ACO, to make those findings. For a repair § 39.13 [Amended] 2004–06–06, amendment 39–13532), method to be approved, the repair must meet I 2. The Federal Aviation whichever occurs first, perform applicable the certification basis of the airplane, and the inspections for cracking of the lower cargo approval must specifically refer to this AD. Administration (FAA) amends § 39.13 doorjamb corners, in accordance with the by removing amendment 39–13532 (69 Accomplishment Instructions of the service Credit for Prior Accomplishment FR 15234, March 25, 2004) and by bulletin. (j) Inspections done before the effective adding the following new airworthiness (i) If no crack is detected during any date of April 29, 2004, in accordance with directive (AD): inspection required by this paragraph: Repeat McDonnell Douglas Service Bulletin DC8– the inspections within the intervals specified 2005–18–07 McDonnell Douglas: 53–078, dated February 6, 1996, are in paragraph 1.E. of the service bulletin. Amendment 39–14247. Docket No. acceptable for compliance with the (ii) If any crack is detected during any FAA–2004–19536; Directorate Identifier applicable inspections required by this AD. inspection required by this paragraph: Repair 2004–NM–86–AD. (k) Inspections and repairs specified in this before further flight in accordance with the AD of areas of PSEs 53.08.042 and 53.08.043 Effective Date Accomplishment Instructions of the service are acceptable for compliance with the (a) This AD becomes effective October 7, bulletin. applicable requirements of paragraphs (a) 2005. (2) Modification of the lower cargo and (b) of AD 93–01–15. The remaining areas doorjamb corners in accordance with the of the affected PSEs must be inspected and Affected ADs Accomplishment Instructions of the service repaired as applicable, in accordance with (b) This AD supersedes AD 2004–06–06, bulletin terminates the repetitive inspection AD 93–01–15. amendment 39–13532. requirement of paragraph (f)(1)(i) of this AD. (3) For airplanes repaired or modified in Requirements for Newly Added Airplanes Applicability accordance with paragraph (f)(1)(ii) or (f)(2) (l) For airplanes not subject to the (c) This AD applies to the following of this AD: Within 17,000 landings after the requirements of AD 2004–06–06, the McDonnell Douglas airplanes, certificated in repair or modification, perform an eddy reference time for compliance is the effective any category; as listed in McDonnell Douglas current inspection for cracks of the doorjamb date of this new AD, rather than April 29, Service Bulletin DC8–53–078, Revision 01, corners, in accordance with the 2004 (the effective date of AD 2004–06–06). dated January 25, 2001: Accomplishment Instructions of the service (1) Model DC–8–11, DC–8–12, DC–8–21, bulletin (Drawing SN08530001). Repeat the Alternative Methods of Compliance (AMOCs) DC–8–31, DC–8–32, DC–8–33, DC–8–41, DC– inspection at intervals not to exceed 4,400 (m)(1) The Manager, Los Angeles Aircraft 8–42, and DC–8–43 airplanes; landings. Certification (ACO), Transport Airplane
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52288 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
Directorate, FAA, has the authority to the SWEDD intersection. The purpose of number of small entities under the approve AMOCs for this AD, if requested in this airway segment is to enhance the criteria of the Regulatory Flexibility Act. accordance with the procedures found in 14 management of aircraft transiting List of Subjects in 14 CFR Part 71 CFR 39.19. between Great Falls, MT, and Bozeman, (2) An AMOC that provides an acceptable Airspace, Incorporation by reference, level of safety may be used for any repair MT. required by this AD, if it is approved by an DATES: Effective 0901 UTC, October 27, Navigation (air). Authorized Representative for the Boeing 2005. Adoption of the Amendment Delegation Option Authorization FOR FURTHER INFORMATION CONTACT: Ken I Organization who has been authorized by the McElroy, Airspace and Rules, Office of In consideration of the foregoing, the Manager, Los Angeles ACO, to make those System Operations Airspace and AIM, Federal Aviation Administration findings. For a repair method to be approved, amends 14 CFR part 71 as follows: the repair must meet the certification basis of Federal Aviation Administration, 800 the airplane, and the approval must Independence Avenue, SW., PART 71—DESIGNATION OF CLASS A, specifically refer to this AD. Washington, DC 20591; telephone: (202) B, C, D, AND E AIRSPACE AREAS; AIR 267–8783. Material Incorporated by Reference TRAFFIC SERVICE ROUTES; AND SUPPLEMENTARY INFORMATION: (n) You must use McDonnell Douglas REPORTING POINTS Service Bulletin DC8–53–078, Revision 01, History I 1. The authority citation for part 71 dated January 25, 2001, to perform the continues to read as follows: actions that are required by this AD, unless On May 25, 2005, the FAA published the AD specifies otherwise. The Director of in the Federal Register a notice Authority: 49 U.S.C. 106(g), 40103, 40113, the Federal Register previously approved the proposing to amend V–536 by extending 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– incorporation by reference of this document the airway from the Great Falls 1963 Comp., p. 389. as of April 29, 2004 (69 FR 15234, March 25, VORTAC, to the SWEDD intersection 2004). Contact Boeing Commercial Airplanes, (70 FR 30035). Interested parties were § 71.1 [Amended] Long Beach Division, 3855 Lakewood invited to participate in this rulemaking I 2. The incorporation by reference in Boulevard, Long Beach, California 90846, effort by submitting written comments 14 CFR 71.1 of FAA Order 7400.9N, Attention: Data and Service Management, on the proposal. No comments were Airspace Designations and Reporting Dept. C1–L5A (D800–0024), for a copy of this service information. You may review copies received. With the exception of editorial Points, dated September 1, 2005, and at the Docket Management Facility, U.S. changes, this amendment is the same as effective September 16, 2005, is Department of Transportation, 400 Seventh that proposed in the notice. amended as follows: Street, SW., room PL–401, Nassif Building, The Rule Washington, DC; on the Internet at http:// Paragraph 6010(a) Domestic VOR Federal dms.dot.gov; or at the National Archives and This action amends Title 14 Code of Airways. Records Administration (NARA). For Federal Regulations (14 CFR part 71) to * * * * * information on the availability of this modify V–536 by adding a segment from V–536 [Revised] material at the NARA, call (202) 741–6030, the Great Falls, MT, VORTAC to the or go to http://www.archives.gov/ From North Bend, OR; INT North Bend _ _ _ _ SWEDD intersection. The purpose of ° ° federal register/code of federal regulations/ this airway segment is to enhance the 023 and Corvallis, OR, 235 radials; ibr_locations.html. Corvallis; Deschutes, OR; 32 miles, 58 miles, management of aircraft transiting 71 MSL, Pendleton, OR; Walla Walla, WA; Issued in Renton, Washington, on August between Great Falls, MT, and Bozeman, 24, 2005. Pullman, WA; 27 miles, 85 MSL, Mullan MT. Pass, ID; 5 miles, 34 miles, 95 MSL, Kalispell, Ali Bahrami, Domestic VOR Federal airways are MT; 20 miles, 41 miles, 115 MSL, Great Falls, Manager, Transport Airplane Directorate, published in paragraph 6010(a) of FAA MT. INT Great Falls 185° and Bozeman, MT Aircraft Certification Service. Order 7400.9N dated September 1, 2005, 338° radials; Bozeman, From Sheridan, WY; [FR Doc. 05–17401 Filed 9–1–05; 8:45 am] and effective September 16, 2005, which Gillette, WY; New Castle, WY; to Rapid City, BILLING CODE 4910–13–P is incorporated by reference in 14 CFR SD. 71.1. The domestic VOR Federal airway * * * * * listed in this document will be Issued in Washington, DC, August 24, DEPARTMENT OF TRANSPORTATION published subsequently in the order. 2005. The FAA has determined that this Federal Aviation Administration Edith V. Parish, regulation only involves an established Acting Manager, Airspace and Rules. body of technical regulations for which [FR Doc. 05–17208 Filed 9–1–05; 8:45 am] 14 CFR Part 71 frequent and routine amendments are BILLING CODE 4910–13–P [Docket No. FAA–2005–20387; Airspace necessary to keep them operationally Docket No. 05–ANM–2] current. Therefore, this regulation: (1) Is not a ‘‘significant regulatory action’’ DEPARTMENT OF TRANSPORTATION RIN 2120–AA66 under Executive Order 12866; (2) is not Amendment to VOR Federal Airway a ‘‘significant rule’’ under Department of Federal Aviation Administration V–536; MT Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; 14 CFR Part 97 AGENCY: Federal Aviation February 26, 1979); and (3) does not [Docket No. 30455; Amdt. No. 3130] Administration (FAA), DOT. warrant preparation of a regulatory ACTION: Final rule. evaluation as the anticipated impact is Standard Instrument Approach so minimal. Since this is a routine Procedures, Weather Takeoff SUMMARY: This action modifies Federal matter that will only affect air traffic Minimums; Miscellaneous Airway V–536 by adding a route from procedures and air navigation, it is Amendments the Great Falls, MT, Very High certified that this rule, when Frequency Omnidirectional Range/ promulgated, will not have a significant AGENCY: Federal Aviation Tactical Air Navigation (VORTAC) to economic impact on a substantial Administration (FAA), DOT.
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52289
ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: Weather Takeoff Minimums Donald P. Pate, Flight Procedure amendments may require making them SUMMARY: This amendment establishes, Standards Branch (AFS–420), Flight effective in less than 30 days. For the amends, suspends, or revokes Standard Technologies and Programs Division, remaining SIAPs and/or Weather Instrument Approach Procedures Flight Standards Service, Federal Takeoff Minimums, an effective date at (SIAPs) and/or Weather Takeoff Aviation Administration, Mike least 30 days after publication is Minimums for operations at certain Monroney Aeronautical Center, 6500 provided. airports. These regulatory actions are South MacArthur Blvd. Oklahoma City, Further, the SIAPs and/or Weather needed because of the adoption of new OK. 73169 (Mail Address: P.O. Box Takeoff Minimums contained in this or revised criteria, or because of changes 25082 Oklahoma City, OK. 73125) amendment are based on the criteria occurring in the National Airspace telephone: (405) 954–4164. contained in the U.S. Standard for System, such as the commissioning of SUPPLEMENTARY INFORMATION: This Terminal Instrument Procedures new navigational facilities, addition of amendment to Title 14 of the Code of (TERPS). In developing these SIAPs new obstacles, or changes in air traffic Federal Regulations, Part 97 (14 CFR and/or Weather Takeoff Minimums, the requirements. These changes are part 97), establishes, amends, suspends, TERPS criteria were applied to the designed to provide safe and efficient or revokes SIAPs and/or Weather conditions existing or anticipated at the use of the navigable airspace and to Takeoff Minimums. The complete affected airports. Because of the close promote safe flight operations under regulatory description of each SIAP and immediate relationship between instrument flight rules at the affected and/or Weather Takeoff Minimums is these SIAPs and/or Weather Takeoff airports. contained in official FAA form Minimums and safety in air commerce, DATES: This rule is effective September documents which are incorporated by I find that notice and public procedure 2, 2005. The compliance date for each reference in this amendment under 5 before adopting these SIAPs and/or SIAP and/or Weather Takeoff U.S.C. 552(a), 1 CFR part 51, and 14 Weather Takeoff Minimums are Minimums is specified in the CFR part 97.20. The applicable FAA impracticable and contrary to the public amendatory provisions. Forms are identified as FAA Forms interest and, where applicable, that The incorporation by reference of 8260–3, 8260–4, 8260–5 and 8260–15A. good cause exists for making some certain publications listed in the Materials incorporated by reference are SIAPs and/or Weather Takeoff regulations is approved by the Director available for examination or purchase as Minimums effective in less than 30 of the Federal Register as of September stated above. days. 2, 2005. The large number of SIAPs and/or Conclusion ADDRESSES: Availability of matters Weather Takeoff Minimums, their The FAA has determined that this incorporated by reference in the complex nature, and the need for a regulation only involves an established amendment is as follows: special format make their verbatim For Examination— publication in the Federal Register body of technical regulations for which 1. FAA Rules Docket, FAA expensive and impractical. Further, frequent and routine amendments are Headquarters Building, 800 airmen do not use the regulatory text of necessary to keep them operationally Independence Avenue, SW., the SIAPs and/or Weather Takeoff current. It, therefore—(1) is not a Washington, DC 20591; Minimums but refer to their depiction ‘‘significant regulatory action’’ under 2. The FAA Regional Office of the on charts printed by publishers of Executive Order 12866; (2) is not a region in which the affected airport is aeronautical materials. Thus, the ‘‘significant rule’’ under DOT located; advantages of incorporation by reference Regulatory Policies and Procedures (44 3. The National Flight Procedures are realized and publication of the FR 11034; February 26, 1979); and (3) Office, 6500 South MacArthur Blvd., complete description of each SIAP and/ does not warrant preparation of a Oklahoma City, OK 73169 or, or Weather Takeoff Minimums regulatory evaluation as the anticipated 4. The National Archives and Records contained in FAA form documents is impact is so minimal. For the same Administration (NARA). For unnecessary. The provisions of this reason, the FAA certifies that this information on the availability of this amendment state the affected CFR amendment will not have a significant material at NARA, call 202–741–6030, sections, with the types and effective economic impact on a substantial or go to: http://www.archives.gov/ dates of the SIAPs and/or Weather number of small entities under the federal_register/ Takeoff Minimums. This amendment criteria of the Regulatory Flexibility Act. code_of_federal_regulations/ also identifies the airport, its location, List of Subjects in 14 CFR Part 97 ibr_locations.html. the procedure identification and the Air Traffic Control, Airports, For Purchase—Individual SIAP and amendment number. Incorporation by reference, and Weather Takeoff Minimums copies may The Rule Navigation (air). be obtained from: 1. FAA Public Inquiry Center (APA– This amendment to 14 CFR part 97 is Issued in Washington, DC on August 26, 200), FAA Headquarters Building, 800 effective upon publication of each 2005. Independence Avenue, SW., separate SIAP and/or Weather Takeoff James J. Ballough, Washington, DC 20591; or Minimums as contained in the Director, Flight Standards Service. 2. The FAA Regional Office of the transmittal. Some SIAP and/or Weather Adoption of the Amendment region in which the affected airport is Takeoff Minimums amendments may located. have been previously issued by the FAA I Accordingly, pursuant to the authority By Subscription—Copies of all SIAPs in a Flight Data Center (FDC) Notice to delegated to me, under Title 14, Code of and Weather Takeoff Minimums mailed Airmen (NOTAM) as an emergency Federal Regulations, Part 97 (14 CFR once every 2 weeks, are for sale by the action of immediate flight safety relating part 97) is amended by establishing, Superintendent of Documents, U.S. directly to published aeronautical amending, suspending, or revoking Government Printing Office, charts. The circumstances which Standard Instrument Approach Washington, DC 20402. created the need for some SIAP, and/or Procedures and Weather Takeoff
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52290 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
Minimums effective at 0901 UTC on the Minneapolis, MN, Minneapolis-St. Paul Intl/ Bloomington, IL, Central IL Regional Arpt at dates specified, as follows: Wold-Chamberlain, ILS OR LOC RWY Bloomington-Normal, RNAV (GPS) RWY 30R,Amdt 11 11, Orig PART 97—STANDARD INSTRUMENT Minneapolis, MN, Minneapolis-St. Paul Intl/ Bloomington, IL, Central IL Regional Arpt at APPROACH PROCEDURES Wold-Chamberlain, ILS OR LOC RWY Bloomington-Normal, RNAV (GPS) RWY 12R,ILS RWY 12R (CAT II), ILS RWY 12R 29, Orig I 1. The authority citation for part 97 (CAT III), Amdt 8 Bloomington, IL, Central IL Regional Arpt at continues to read as follows: Minneapolis, MN, Minneapolis-St. Paul Intl/ Bloomington-Normal, ILS OR LOC RWY Wold-Chamberlain, ILS OR LOC RWY 20, Amdt 2 Authority: 49 U.S.C. 106(g), 40103, 40106, 30L,ILS RWY 30L, (CAT II), Amdt 44 Bloomington, IL, Central IL Regional Arpt at 40113, 40114, 40120, 44502, 44514, 44701, Minneapolis, MN, Minneapolis-St. Paul Intl/ Bloomington-Normal, ILS OR LOC RWY 44719, 44721–44722. Wold-Chamberlain, RNAV (GPS) Y RWY 29, Amdt 9 I 2. Part 97 is amended to read as 22, Orig, CANCELLED Bloomington, IL, Central IL Regional Arpt at follows: Minneapolis, MN, Minneapolis-St. Paul Intl/ Bloomington-Normal, VOR RWY 11, Amdt Wold-Chamberlain, RNAV (GPS) Y RWY 13 * * * Effective 29 September 2005 30R, Orig, CANCELLED Bloomington, IL, Central IL Regional Arpt at Muscatine, IA, Muscatine Muni, ILS OR LOC Minneapolis, MN, Minneapolis-St. Paul Intl/ Bloomington-Normal, LOC BC RWY 11, RWY 24, Amdt 1 Wold-Chamberlain, RNAV (GPS) Y RWY Amdt 9 Salina, KS, Salina Muni, RNAV (GPS) RWY 30L, Orig, CANCELLED Bloomington, IL, Central IL Regional Arpt at 17, Orig Minneapolis, MN, Minneapolis-St. Paul Intl/ Bloomington-Normal, GPS RWY 11, Orig- Salina, KS, Salina Muni, RNAV (GPS) RWY Wold-Chamberlain, RNAV (GPS) Y RWY A, CANCELLED 35, Orig 12R, Orig, CANCELLED Cahokia/St. Louis, IL, St. Louis Downtown, Salina, KS, Salina Muni, GPS RWY 17, Orig, Minneapolis, MN, Minneapolis-St. Paul Intl/ Takeoff Minimums and Textual DP, Amdt CANCELLED Wold-Chamberlain, RNAV (GPS) Y RWY 7 Salina, KS, Salina Muni, GPS RWY 35, Orig, 12L, Orig, CANCELLED Decatur, IL, Decatur, RNAV (GPS) RWY 6, CANCELLED * * * Effective 27 October 2005 Orig Detroit, MI, Detroit Metropolitan/Wayne Decatur, IL, Decatur, RNAV (GPS) RWY 18, Nenana, AK, Nenana Muni, RNAV (GPS) County, RNAV (GPS) RWY 4L, Amdt 1 Orig RWY 4L, Orig Detroit, MI, Detroit Metropolitan/Wayne Decatur, IL, Decatur, RNAV (GPS) RWY 24, Nenana, AK, Nenana Muni, NDB RWY 4L, County, RNAV (GPS) RWY 21L, Amdt 1 Orig Amdt 2 Detroit, MI, Detroit Metropolitan/Wayne Decatur, IL, Decatur, RNAV (GPS) RWY 36, Nenana, AK, Nenana Muni, Takeoff County, RNAV (GPS) RWY 27L, Amdt 1 Orig Minimums and Textual DP, Amdt 3 Detroit, MI, Detroit Metropolitan/Wayne Decatur, IL, Decatur, GPS RWY 6, Orig, Glendale, AZ, Glendale Municipal, Takeoff County, RNAV (GPS) RWY 27R, Amdt 1 CANCELLED Minimums and Textual DP, Amdt 1 Detroit, MI, Detroit Metropolitan/Wayne Decatur, IL, Decatur, GPS RWY 18, Orig, Phoenix, AZ, Phoenix Deer Valley, Takeoff County, ILS OR LOC RWY 4L, ILS RWY Minimums and Textual DP, Amdt 5 CANCELLED 4L(CAT II), ILS RWY 4L (CAT III), Amdt Holyoke, CO, Holyoke, RNAV (GPS) RWY 14, Decatur, IL, Decatur, GPS RWY 36, Orig, 2 Orig CANCELLED Minneapolis, MN, Minneapolis-St. Paul Intl/ Holyoke, CO, Holyoke, RNAV (GPS) RWY 32, Dwight, IL, Dwight, RNAV (GPS) RWY 27, Wold-Chamberlain, RNAV (GPS) RWY Orig Orig 12L,Amdt 1 Holyoke, CO, Holyoke, Takeoff Minimums Dwight, IL, Dwight, GPS RWY 27, Orig, Minneapolis, MN, Minneapolis-St. Paul Intl/ and Textual DP, Orig CANCELLED Wold-Chamberlain, RNAV (GPS) RWY Daytona Beach, FL, Daytona Beach Intl, Frankfort, IL, Frankfort, VOR OR GPS RWY 12R, Amdt 1 RNAV (GPS) RWY 16, Amdt 1 27, Amdt 4, CANCELLED Minneapolis, MN, Minneapolis-St. Paul Intl/ Daytona Beach, FL, Daytona Beach Intl, Frankfort, IL, Frankfort, Takeoff Minimums Wold-Chamberlain, RNAV (GPS) RWY RNAV (GPS) RWY 25R, Amdt 1 and Textual DP, Amdt 2, CANCELLED 22,Amdt 1 Driggs, ID, Driggs-Reed Memorial, RNAV Jacksonville, IL, Jacksonville Muni, RNAV Minneapolis, MN, Minneapolis-St. Paul Intl/ (GPS) RWY 3, Amdt 1 (GPS) RWY 4, Orig Wold-Chamberlain, RNAV (GPS) RWY Storm Lake, IA, Storm Lake Muni, RNAV Jacksonville, IL, Jacksonville Muni, RNAV 30L,Amdt 1 (GPS) RWY 17, Orig (GPS) RWY 13, Orig Minneapolis, MN, Minneapolis-St. Paul Intl/ Storm Lake, IA, Storm Lake Muni, RNAV Jacksonville, IL, Jacksonville Muni, RNAV Wold-Chamberlain, RNAV (GPS) RWY (GPS) RWY 35, Orig (GPS) RWY 22, Orig 30R, Amdt 1 Storm Lake, IA, Storm Lake Muni, NDB RWY Jacksonville, IL, Jacksonville Muni, RNAV Minneapolis, MN, Minneapolis-St. Paul Intl/ 17, Orig (GPS) RWY 31, Orig Wold-Chamberlain, COPTER ILS OR LOC Storm Lake, IA, Storm Lake Muni, GPS RWY Jacksonville, IL, Jacksonville Muni, VOR RWY 30R, Amdt 1 35, Amdt 1, CANCELLED RWY 13, Amdt 1 Minneapolis, MN, Minneapolis-St. Paul Intl/ Alton/St. Louis, IL, St. Louis Regional, RNAV Lincoln, IL, Logan County, RNAV (GPS) Wold-Chamberlain, ILS PRM RWY 12L, (GPS) RWY 11, Orig RWY 3, Orig Amdt 4, (SIMULTANEOUS CLOSE Alton/St. Louis, IL, St. Louis Regional, RNAV Lincoln, IL, Logan County, RNAV (GPS) PARALLEL) (GPS) RWY 17, Orig RWY 21, Orig Minneapolis, MN, Minneapolis-St. Paul Intl/ Alton/St. Louis, IL, St. Louis Regional, RNAV Lincoln, IL, Logan County, NDB RWY 21, Wold-Chamberlain, ILS PRM RWY 30L, (GPS) RWY 29, Orig Amdt 2 Amdt 5, (SIMULTANEOUS CLOSE Alton/St. Louis, IL, St. Louis Regional, RNAV Lincoln, IL, Logan County, VOR RWY 3, PARALLEL) (GPS) RWY 35, Orig Amdt 7 Minneapolis, MN, Minneapolis-St. Paul Intl/ Alton/St. Louis, IL, St. Louis Regional, ILS Lincoln, IL, Logan County, Takeoff Wold-Chamberlain, ILS PRM RWY 30R, OR LOC RWY 29, Amdt 11 Minimums and Textual DP, Amdt 1 Amdt 6, (SIMULTANEOUS CLOSE Alton/St. Louis, IL, St. Louis Regional, LOC Litchfield, IL, Litchfield Muni, RNAV (GPS) PARALLEL) BC RWY 11, Amdt 8 RWY 9, Orig Minneapolis, MN, Minneapolis-St. Paul Intl/ Alton/St. Louis, IL, St. Louis Regional, NDB Litchfield, IL, Litchfield Muni, RNAV (GPS) Wold-Chamberlain, ILS PRM RWY 12R, RWY 17, Amdt 11 RWY 27, Orig Amdt 3, (SIMULTANEOUS CLOSE Alton/St. Louis, IL, St. Louis Regional, NDB Litchfield, IL, Litchfield Muni, NDB RWY 9, PARALLEL) RWY 29, Amdt 11 Amdt 6 Minneapolis, MN, Minneapolis-St. Paul Intl/ Alton/St. Louis, IL, St. Louis Regional, VOR- Litchfield, IL, Litchfield Muni, NDB RWY 27, Wold-Chamberlain, ILS OR LOC RWY A, Amdt 9 Amdt 8 12L,ILS RWY 12L (CAT II), ILS RWY 12L Alton/St. Louis, IL, St. Louis Regional, Litchfield, IL, Litchfield Muni, GPS RWY 27, (CAT III), Amdt 7 Takeoff Minimums and Textual DP, Orig Orig-A, CANCELLED
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52291
Litchfield, IL, Litchfield Muni, GPS RWY 9, Westhampton Beach, NY, Francis S. transferred ownership of, and all rights Orig-A, CANCELLED Gabreski, RNAV (GPS) RWY 6, Amdt 1 and interest in, NADA 125–933 for Litchfield, IL, Litchfield Muni, Takeoff Charlotte, NC, Charlotte/Douglas Intl, VOR ROMET–30 (sulfadimethoxine/ Minimums and Textual DP, Amdt 3 RWY 36L, Amdt 5, CANCELLED ormetoprim) Type A medicated article Macomb, IL, Macomb Muni, RNAV (GPS) Austin, TX, Austin-Bergstrom Intl, ILS OR RWY 9, Orig LOC RWY 35L, Amdt 3 to Pharmaq AS, Skogmo Macomb, IL, Macomb Muni, RNAV (GPS) Lubbock, TX, Lubbock Preston Smith Intl, Industriomrade, N–7863 Overhalla, RWY 27, Orig ILS OR LOC RWY 26, Amdt 3 Norway. Accordingly, the agency is Macomb, IL, Macomb Muni, LOC RWY 27, Stephenville, TX, Clark Field Muni, RNAV amending the regulations in 21 CFR Amdt 3 (GPS) RWY 14, Orig 558.575 to reflect the transfer of Macomb, IL, Macomb Muni, NDB RWY 27, Stephenville, TX, Clark Field Muni, RNAV ownership. Amdt 3 (GPS) RWY 32, Orig In addition, Pharmaq AS has not been Macomb, IL, Macomb Muni, VOR/DME-A, Stephenville, TX, Clark Field Muni, VOR/ previously listed in the animal drug Amdt 8 DME-A, Amdt 1 Springfield, IL, Abraham Lincoln Capital, regulations as a sponsor of an approved Stephenville, TX, Clark Field Muni, Takeoff application. Accordingly, 21 CFR RNAV (GPS) RWY 4, Orig Minimums and Textual DP, Orig Springfield, IL, Abraham Lincoln Capital, Blacksburg, VA, Virginia Tech/Montgomery 510.600(c) is being amended to add RNAV (GPS) RWY 13, Orig Executive, LOC/DME RWY 12, Amdt 1 entries for Pharmaq AS. Springfield, IL, Abraham Lincoln Capital, Bellingham, WA, Bellingham Intl, RNAV This rule does not meet the definition RNAV (GPS) RWY 22, Orig (GPS) RWY 16, Orig of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Springfield, IL, Abraham Lincoln Capital, Bellingham, WA, Bellingham Intl, RNAV it is a rule of ‘‘particular applicability.’’ RNAV (GPS) RWY 31, Orig (GPS) RWY 34, Orig Springfield, IL, Abraham Lincoln Capital, ILS Therefore, it is not subject to the Bellingham, WA, Bellingham Intl, GPS RWY OR LOC RWY 4, Amdt 25 congressional review requirements in 5 16, Orig-B, CANCELLED Springfield, IL, Abraham Lincoln Capital, ILS U.S.C. 801–808. Bellingham, WA, Bellingham Intl, GPS RWY OR LOC RWY 22, Amdt 8 Springfield, IL, Abraham Lincoln Capital, ILS 34, Orig-B, CANCELLED List of Subjects Rice Lake, WI, Rice Lake Regional-Carl’s OR LOC RWY 31, Amdt 2 21 CFR Part 510 Springfield, IL, Abraham Lincoln Capital, Field, RNAV (GPS) RWY 19, Amdt 1 RADAR–1, Amdt 9 * * * Effective 22 December 2005 Administrative practice and Springfield, IL, Abraham Lincoln Capital, procedure, Animal drugs, Labeling, NDB RWY 4, Amdt 19 Athens (Albany), OH, Ohio University Reporting and recordkeeping Snyder Field, RNAV (GPS) RWY 7, Orig- Springfield, IL, Abraham Lincoln Capital, requirements. NDB RWY 22, Amdt 1 A Springfield, IL, Abraham Lincoln Capital, Athens (Albany), OH, Ohio University 21 CFR Part 558 Snyder Field, RNAV (GPS) RWY 25, Orig- VOR/DME RWY 22, Orig Animal drugs, Animal feeds. Springfield, IL, Abraham Lincoln Capital, A I Therefore, under the Federal Food, VOR RWY 22, Amdt 20A, CANCELLED [FR Doc. 05–17475 Filed 9–1–05; 8:45 am] Springfield, IL, Abraham Lincoln Capital, Drug, and Cosmetic Act and under BILLING CODE 4910–13–P Takeoff Minimums and Textual DP, Orig authority delegated to the Commissioner Taylorville, IL, Taylorville Muni, RNAV of Food and Drugs and redelegated to (GPS) RWY 18, Orig the Center for Veterinary Medicine, 21 Taylorville, IL, Taylorville Muni, RNAV DEPARTMENT OF HEALTH AND CFR parts 510 and 558 are amended as (GPS) RWY 36, Orig HUMAN SERVICES follows: Taylorville, IL, Taylorville Muni, NDB RWY 18, Amdt 4 Food and Drug Administration PART 510—NEW ANIMAL DRUGS Taylorville, IL, Taylorville Muni, GPS RWY 18, Orig, CANCELLED 21 CFR Parts 510 and 558 I 1. The authority citation for 21 CFR Taylorville, IL, Taylorville Muni, Takeoff part 510 continues to read as follows: Minimums and Textual DP, Orig New Animal Drugs; Change of Sponsor Abilene, KS, Abilene Muni, RNAV (GPS) Authority: 21 U.S.C. 321, 331, 351, 352, RWY 17, Orig AGENCY: Food and Drug Administration, 353, 360b, 371, 379e. Abilene, KS, Abilene Muni, RNAV (GPS) HHS. I 2. Section 510.60o is amended in the RWY 35, Orig ACTION: Final rule. table in paragraph (c)(1) by Abilene, KS, Abilene Muni, VOR/DME-A, alphabetically adding a new entry for Amdt 3 SUMMARY: The Food and Drug ‘‘Pharmaq AS’’ and in the table in Abilene, KS, Abilene Muni, GPS RWY Administration (FDA) is amending the 35,Orig, CANCELLED paragraph (c)(2) by numerically adding Abilene, KS, Abilene Muni, VOR/DME animal drug regulations to reflect a a new entry for ‘‘015331’’ to read as RNAV RWY 35, Amdt 2, CANCELLED change of sponsor for an approved new follows: Dodge City, KS, Dodge City Regional, RNAV animal drug application (NADA) from (GPS) RWY 14, Amdt 1 Alpharma Inc., to Pharmaq AS. The § 510.600 Names, addresses, and drug Dodge City, KS, Dodge City Regional, RNAV drug labeler code for Pharmaq AS is also labeler codes of sponsors of approved (GPS) RWY 32, Amdt 1 being listed. applications. Dodge City, KS, Dodge City Regional, ILS OR DATES: This rule is effective September * * * * * LOC RWY 14, Amdt 3 2, 2005. (c) * * * Wichita, KS, Colonel James Jabara, RNAV (1) * * * (GPS) RWY 18, Orig-A FOR FURTHER INFORMATION CONTACT: Wichita, KS, Colonel James Jabara, RNAV David R. Newkirk, Center for Veterinary Drug labeler (GPS) RWY 36, Orig-A Medicine (HFV–100), Food and Drug Firm name and address code Gaithersburg, MD, Montgomery County Administration, 7500 Standish Pl., Airpark, RNAV (GPS) RWY 32, Amdt 1, Rockville, MD 20855, 301–827–6967, ***** CANCELLED e-mail: [email protected]. Pharmaq AS, Skogmo 015331 Washington, MO, Washington Memorial, Industriomrade, N–7863 SUPPLEMENTARY INFORMATION: Alpharma Takeoff Minimums and Textual DP, Orig Overhalla, Norway. Santa Fe, NM, Santa Fe Muni, ILS OR LOC Inc., One Executive Drive, Fort Lee, NJ ***** RWY 2, Amdt 6 07024, has informed FDA that it has
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52292 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(2) * * * Why Is the Department Promulgating regulatory criteria already developed by This Rule? the Department of Homeland Security Drug labeler for the H–1B classification. code Firm name and address Because of the passage of a new law amending the Immigration and Is It Necessary To File a Petition With ***** Nationality Act (INA). The Emergency the Department of Homeland Security 015331 Pharmaq AS, Skogmo Supplemental Appropriations Act for as a Prerequisite to Visa Issuance? Industriomrade, N–7863 Defense, the Global War on Terror, and Overhalla, Norway. Tsunami Relief, 2005, Public Law 109– No petition to the Department of ***** 13, 119 Stat. 231 was signed into law by Homeland Security is necessary. the President on May 11, 2005. Division Instead, in the case of an employee seeking a visa, the employee will PART 558—NEW ANIMAL DRUGS FOR B, Title V, Section 501 of the Act adds present the necessary evidence for USE IN ANIMAL FEEDS a new nonimmigrant visa classification for certain treaty aliens who are coming classification directly to the consular I 3. The authority citation for 21 CFR to the United States solely to perform officer at the time of visa application. part 558 continues to read as follows: services in a specialty occupation. The Such evidence will include the original or copy of the Labor Condition Authority: 21 U.S.C. 360b, 371. classification will hereafter be designated the ‘‘E–3 visa.’’ Application signed by the prospective § 558.575 [Amended] employer and approved by the Who Qualifies for the E–3 Visa? Department of Labor. Procedures for the I 4. Section 558.575 is amended in E–3 visa are similar to those established paragraph (a)(2) by removing ‘‘046573’’ The new E–3 visa classification for obtaining H–1B1 classification under and by adding in its place ‘‘No. currently applies only to nationals of Australia as well as their spouses and the U.S.-Chile and U.S.-Singapore Free 015331’’. children. E–3 principal nonimmigrant Trade Agreements. Dated: August 22, 2005. aliens must be coming to the United May Spouses Work? Steven D. Vaughn, States solely to perform services in a Director, Office of New Animal Drug specialty occupation. Yes. INA 214(e)(6) permits the spouse Evaluation, Center for Veterinary Medicine. of a principal E nonimmigrant to engage Are There Other Requirements for in employment in the United States. As [FR Doc. 05–17472 Filed 9–1–05; 8:45 am] Qualifying for an E–3 Visa? BILLING CODE 4160–01–S is the case for the spouse of a principal The E–3 visa classification is E–1 and E–2 nonimmigrant, the spouse numerically limited, with a maximum of a qualified E–3 nonimmigrant may, of 10,500 visas available annually. upon admission to the United States, DEPARTMENT OF STATE Spouses and children do not count apply for an employment authorization against the numerical limitation nor are document, which an employer could 22 CFR Part 41 they required to possess the nationality use to verify the spouse’s employment of the principal. A Labor Condition eligibility. Such spousal employment RIN 1400–AC12 Application (LCA), containing may be in a position other than a attestations by the sponsoring employer specialty occupation. [Public Notice 5181] related to wages and working conditions, must be filed with and Regulatory Findings Visas: Treaty Trader, Treaty Investor, approved by the Department of Labor Administrative Procedure Act or Treaty Alien in a Specialty (DOL). At the time of visa application, Occupation the visa applicant must present the This final rule involves a foreign consular officer with the original or affairs function of the United States and, AGENCY: State Department. copy of the approved LCA. However, if therefore, is not subject to the ACTION: Final rule. the applicant cannot provide the procedures required by 5 U.S.C. 553 and original, the consular officer, at his/her 554. It is exempt from review under SUMMARY: This rule expands the discretion, may accept a certified copy Executive Order 12866 but has been definition of treaty trader and treaty of the approval. The approved LCA reviewed internally by the Department investor contained at 22 CFR 41.51 to represents DOL’s certification that the to ensure consistency with the purposes include a new nonimmigrant category employer has met the attestation thereof. This rule does not require (E–3) for nonimmigrant treaty aliens requirements of the E–3 statute. analysis under the Regulatory coming to the United States solely to Flexibility Act or the Unfunded perform services in a specialty What Is a Specialty Occupation? Mandates Reform Act. It has been found occupation. It also reorganizes existing In general, a specialty occupation is not to be a major rule within the regulatory language pertaining to treaty one that requires theoretical and meaning of the Small Business traders and treaty investors to make this practical application of a body of Regulatory Enforcement Fairness Act of information clearer and easier to read. knowledge in professional fields and at 1996. It will not have substantial direct DATES: This rule is effective September least the attainment of a bachelor’s effects on the States, the relationship 2, 2005. degree, or its equivalent, as a minimum between the National Government and for entry into the occupation in the the States, or on the distribution of FOR FURTHER INFORMATION CONTACT: United States. The Department’s power and responsibilities among the Charles Robertson, Legislation and regulations governing E–3 visas various levels of government. Therefore, Regulations Division, Visa Services, incorporate the definitions contained in it is determined that this rule does not Department of State, 2401 E Street, NW., section 214(i)(1) of the Immigration and have sufficient federalism implications Room L–603D, Washington, DC 20520– Nationality Act (INA). In order to to warrant application of consultation 0106; telephone 202–663–1221; e-mail determine what constitutes a ‘‘specialty provisions of Executive Orders 12372 [email protected]. occupation,’’ consular officers abroad and 13132. This rule does not impose SUPPLEMENTARY INFORMATION: will be guided by, and will apply, any new reporting or recordkeeping
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52293
requirements subject to the Paperwork Executive Orders 12372 and 13132: classified E–1 if the employee is in or Reduction Act, 44 U.S.C. Chapter 35. Federalism is coming to the United States to engage This regulation will not have in duties of an executive or supervisory Regulatory Flexibility Act/Executive character, or, if employed in a lesser Order 13272: Small Business substantial direct effects on the States, on the relationship between the national capacity, the employee has special This rule is not subject to the notice- government and the States, or the qualifications that make the services to and-comment rulemaking provisions of distribution of power and be rendered essential to the efficient operation of the enterprise. The the Administrative Procedure Act or any responsibilities among the various employer must be: levels of government. Nor will the rule other act, and, accordingly it does not (i) A person having the nationality of require analysis under the Regulatory have federalism implications warranting the treaty country, who is maintaining Flexibility Act (5 U.S.C. 601, et seq.) the application of Executive Orders No. the status of treaty trader if in the and Executive Order 13272, section 3(b). 12372 and No. 13132. United States or, if not in the United The Unfunded Mandates Reform Act of Paperwork Reduction Act States, would be classifiable as a treaty 1995 trader; or Applicants for E–3 visas will fill out (ii) An organization at least 50% forms that OMB has already approved, Section 202 of the Unfunded owned by persons having the the DS–156 form (approved OMB 1405– Mandates Reform Act of 1995 (UFMA), nationality of the treaty country who are 0019) and the DS–157 form (approved Pub. L. 104–4, 109 Stat. 48, 2 U.S.C. maintaining nonimmigrant treaty trader OMB 1405–0134). A specialized form 1532, generally requires agencies to status if residing in the United States or, for E–3 applications may be developed if not residing in the United States, who prepare a statement before proposing in the future. any rule that may result in an annual would be classifiable as treaty traders. expenditure of $100 million or more by List of Subjects in 22 CFR Part 41 (3) Spouse and children of treaty trader. The spouse and children of a State, local, or tribal governments, or by Immigration, Passports and visas. the private sector. This rule will not treaty trader accompanying or following result in any such expenditure, nor will PART 41—[AMENDED] to join the principal alien are entitled to it significantly or uniquely affect small the same classification as the principal alien. The nationality of a spouse or governments. I 1. The authority citation for part 41 continues to read: child of a treaty trader is not material to The Small Business Regulatory the classification of the spouse or child Authority: 8 U.S.C. 1104; Pub. L. 105–277, under the provisions of INA Enforcement Fairness Act of 1996 112 Stat. 2681–795 through 2681–801. 101(a)(15)(E). This rule is not a major rule as Additional authority is derived from (4) Representative of foreign defined by 5 U.S.C. 804, for purposes of Section 104 of the Illegal Immigration information media. Representatives of congressional review of agency Reform and Immigrant Responsibility foreign information media shall first be rulemaking under the Small Business Act of 1996 (IIRIRA), PL–104–208, 110 considered for possible classification as Regulatory Enforcement Fairness Act of Stat. 3546; as well as the Emergency nonimmigrants under the provisions of 1996, Public Law 104–121. This rule Supplemental Appropriations Act for INA 101(a)(15)(I), before consideration will not result in an annual effect on the Defense, the Global War on Terror, and is given to their possible classification economy of $100 million or more; a Tsunami Relief, 2005, P.L. 109–13, 119 as treaty traders under the provisions of major increase in costs or prices; or Stat. 231. INA 101(a)(15)(E) and of this section. adverse effects on competition, I 2. Revise § 41.51 to read as follows: (5) Treaty country. A treaty country is employment, investment, productivity, for purposes of this section a foreign innovation, or the ability of United § 41.51 Treaty trader, treaty investor, or state with which a qualifying Treaty of treaty alien in a specialty occupation. States-based companies to compete with Friendship, Commerce, and Navigation foreign based companies in domestic (a) Treaty trader. (1) Classification. or its equivalent exists with the United and import markets. An alien is classifiable as a States. A treaty country includes a nonimmigrant treaty trader (E–1) if the foreign state that is accorded treaty visa Executive Order 12866 consular officer is satisfied that the alien privileges under INA 101(a)(15)(E) by qualifies under the provisions of INA specific legislation (other than the INA). The Department of State has reviewed 101(a)(15)(E)(i) and that the alien: (6) Nationality of the treaty country. this proposed rule to ensure its (i) Will be in the United States solely The authorities of the foreign state of consistency with the regulatory to carry on trade of a substantial nature, which the alien claims nationality philosophy and principles set forth in which is international in scope, either determine the nationality of an Executive Order 12866 and has on the alien’s behalf or as an employee individual treaty trader. In the case of determined that the benefits of the of a foreign person or organization an organization, ownership must be proposed regulation justify its costs. The engaged in trade, principally between traced as best as is practicable to the Department does not consider the the United States and the foreign state individuals who ultimately own the proposed rule to be an economically of which the alien is a national, organization. significant action within the scope of (consideration being given to any (7) Trade. The term ‘‘trade’’ as used in section 3(f)(1) of the Executive Order conditions in the country of which the this section means the existing since it is not likely to have an annual alien is a national which may affect the international exchange of items of trade effect on the economy of $100 million alien’s ability to carry on such for consideration between the United or more or to adversely affect in a substantial trade); and States and the treaty country. Existing material way the economy, a sector of (ii) Intends to depart from the United trade includes successfully negotiated the economy, competition, jobs, the States upon the termination of E–1 contracts binding upon the parties that environment, public health or safety, or status. call for the immediate exchange of items state, local or tribal governments or (2) Employee of treaty trader. An alien of trade. This exchange must be communities. employee of a treaty trader may be traceable and identifiable. Title to the
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52294 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
trade item must pass from one treaty of the specific skill or aptitude, the special qualifications that make the party to the other. length of experience and/or training services to be rendered essential to the (8) Item of trade. Items that qualify for with the firm, the period of training or efficient operation of the enterprise. The trade within these provisions include other experience necessary to perform employer must be: but are not limited to goods, services, effectively the projected duties, and the (i) A person having the nationality of technology, monies, international salary the special qualifications can the treaty country, who is maintaining banking, insurance, transportation, command. The question of special skills the status of treaty investor if in the tourism, communications, and some and qualifications must be determined United States or, if not in the United news gathering activities. by assessing the circumstances on a States, who would be classifiable as a (9) Substantial trade. Substantial case-by-case basis. treaty investor; or trade for the purposes of this section (ii) Whether the special qualifications (ii) An organization at least 50% entails the quantum of trade sufficient are essential will be assessed in light of owned by persons having the to ensure a continuous flow of trade all circumstances at the time of each nationality of the treaty country who are items between the United States and the visa application on a case-by-case basis. maintaining nonimmigrant treaty treaty country. This continuous flow A skill that is unique at one point may investor status if residing in the United contemplates numerous exchanges over become commonplace at a later date. States or, if not residing in the United time rather than a single transaction, Skills required to start up an enterprise States, who would be classifiable as regardless of the monetary value. may no longer be essential after initial treaty investors. Although the monetary value of the operations are complete and are running (3) Spouse and children of treaty trade item being exchanged is a relevant smoothly. Some skills are essential only investor. The spouse and children of a consideration, greater weight is given to in the short-term for the training of treaty investor accompanying or more numerous exchanges of larger locally hired employees. Long-term following to join the principal alien are value. In the case of smaller businesses, essentiality might, however, be entitled to the same classification as the an income derived from the value of established in connection with principal alien. The nationality of a numerous transactions that is sufficient continuous activities in such areas as spouse or child of a treaty investor is to support the treaty trader and his or product improvement, quality control, not material to the classification of the her family constitutes a favorable factor or the provision of a service not spouse or child under the provisions of in assessing the existence of substantial generally available in the United States. INA 101(a)(15)(E). trade. (13) Labor disputes. Citizens of (4) Representative of foreign (10) Principal trade. Trade shall be Canada or Mexico shall not be entitled information media. Representatives of considered to be principal trade to classification under this section if the foreign information media shall first be between the United States and the treaty Attorney General and the Secretary of considered for possible classification as country when over 50% of the volume Labor have certified that: nonimmigrants under the provisions of of international trade of the treaty trader (i) There is in progress a strike or INA 101(a)(15)(I), before consideration is conducted between the United States lockout in the course of a labor dispute is given to their possible classification and the treaty country of the treaty in the occupational classification at the as nonimmigrants under the provisions trader’s nationality. place or intended place of employment; of INA 101(a)(15)(E) and of this section. (11) Executive or supervisory and (5) Treaty country. A treaty country is character. The executive or supervisory (ii) The alien has failed to establish for purposes of this section a foreign element of the employee’s position must that the alien’s entry will not affect state with which a qualifying Treaty of be a principal and primary function of adversely the settlement of the strike or Friendship, Commerce, and Navigation the position and not an incidental or lockout or the employment of any or its equivalent exists with the United collateral function. Executive and/or person who is involved in the strike or States. A treaty country includes a supervisory duties grant the employee lockout. foreign state that is accorded treaty visa ultimate control and responsibility for (b) Treaty investor. (1) Classification. privileges under INA 101(a)(15)(E) by the enterprise’s overall operation or a An alien is classifiable as a specific legislation (other than the INA). major component thereof. nonimmigrant treaty investor (E’2) if the (6) Nationality of the treaty country. (i) An executive position provides the consular officer is satisfied that the alien The authorities of the foreign state of employee great authority to determine qualifies under the provisions of INA which the alien claims nationality policy of and direction for the 101(a)(15)(E)(ii) and that the alien: determine the nationality of an enterprise. (i) Has invested or is actively in the individual treaty investor. In the case of (ii) A position primarily of process of investing a substantial an organization, ownership must be supervisory character grants the amount of capital in bona fide traced as best as is practicable to the employee supervisory responsibility for enterprise in the United States, as individuals who ultimately own the a significant proportion of an distinct from a relatively small amount organization. enterprise’s operations and does not of capital in a marginal enterprise solely (7) Investment. Investment means the generally involve the direct supervision for the purpose of earning a living; and treaty investor’s placing of capital, of low-level employees. (ii) Is seeking entry solely to develop including funds and other assets, at risk (12) Special qualifications. Special and direct the enterprise; and in the commercial sense with the qualifications are those skills and/or (iii) Intends to depart from the United objective of generating a profit. The aptitudes that an employee in a lesser States upon the termination of E’2 treaty investor must be in possession of capacity brings to a position or role that status. and have control over the capital are essential to the successful or (2) Employee of treaty investor. An invested or being invested. The capital efficient operation of the enterprise. alien employee of a treaty investor may must be subject to partial or total loss if (i) The essential nature of the alien’s be classified E–2 if the employee is in investment fortunes reverse. Such skills to the employing firm is or is coming to the United States to investment capital must be the determined by assessing the degree of engage in duties of an executive or investor’s unsecured personal business proven expertise of the alien in the area supervisory character, or, if employed in capital or capital secured by personal of operations involved, the uniqueness a lesser capacity, the employee has assets. Capital in the process of being
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52295
invested or that has been invested must (12) Executive or supervisory place or intended place of employment; be irrevocably committed to the character. The executive or supervisory and enterprise. The alien has the burden of element of the employee’s position must (ii) The alien has failed to establish establishing such irrevocable be a principal and primary function of that the alien’s entry will not affect commitment given to the particular the position and not an incidental or adversely the settlement of the strike or circumstances of each case. The alien collateral function. Executive and/or lockout or the employment of any may use any legal mechanism available, supervisory duties grant the employee person who is involved in the strike or such as by placing invested funds in ultimate control and responsibility for lockout. escrow pending visa issuance, that the enterprise’s overall operation or a (c) Nonimmigrant E–3 treaty aliens in would not only irrevocably commit major component thereof. specialty occupations. (1) Classification. funds to the enterprise but that might (i) An executive position provides the An alien is classifiable as a also extend some personal liability employee great authority to determine nonimmigrant treaty alien in a specialty protection to the treaty investor. policy of and direction for the occupation if the consular officer is (8) Bona fide enterprise. The enterprise. satisfied that the alien qualifies under enterprise must be a real and active (ii) A position primarily of the provisions of INA 101(a)(15)(E)(iii) commercial or entrepreneurial supervisory character grants the and that the alien: undertaking, producing some service or employee supervisory responsibility for (i) Possesses the nationality of the commodity for profit and must meet a significant proportion of an country statutorily designated for treaty applicable legal requirements for doing enterprise’s operations and does not aliens in specialty occupation status; business in the particular jurisdiction in generally involve the direct supervision (ii) Satisfies the requirements of INA the United States. of low-level employees. 214(i)(1) and the corresponding (9) Substantial amount of capital. A (13) Special qualifications. Special regulations defining specialty substantial amount of capital constitutes qualifications are those skills and/or occupation promulgated by the that amount that is: aptitudes that an employee in a lesser Department of Homeland Security; (i)(A) Substantial in the proportional capacity brings to a position or role that (iii) Presents to a consular officer a sense, i.e., in relationship to the total are essential to the successful or copy of the Labor Condition Application cost of either purchasing an established efficient operation of the enterprise. signed by the employer and approved enterprise or creating the type of (i) The essential nature of the alien’s by the Department of Labor, and enterprise under consideration; skills to the employing firm is meeting the attestation requirements of (B) Sufficient to ensure the treaty INA Section 212(t)(1); investor’s financial commitment to the determined by assessing the degree of proven expertise of the alien in the area (iv) Presents to a consular officer successful operation of the enterprise; evidence of the alien’s academic or and of operations involved, the uniqueness of the specific skill or aptitude, the other qualifying credentials as required (C) Of a magnitude to support the under INA 214(i)(1), and a job offer likelihood that the treaty investor will length of experience and/or training with the firm, the period of training or letter or other documentation from the successfully develop and direct the employer establishing that upon entry enterprise. other experience necessary to perform effectively the projected duties, and the into the United States the applicant will (ii) Whether an amount of capital is be engaged in qualifying work in a substantial in the proportionality sense salary the special qualifications can command. The question of special skills specialty occupation, as defined in is understood in terms of an inverted paragraph (c)(1)(ii) of this section, and sliding scale; i.e., the lower the total cost and qualifications must be determined by assessing the circumstances on a that the alien will be paid the actual or of the enterprise, the higher, prevailing wage referred to in INA proportionately, the investment must be case-by-case basis. (ii) Whether the special qualifications 212(t)(1); to meet these criteria. (v) Has a visa number allocated under are essential will be assessed in light of (10) Marginal enterprise. A marginal INA 214(g)(11)(B); and, all circumstances at the time of each enterprise is an enterprise that does not (vi) Intends to depart upon the visa application on a case-by-case basis. have the present or future capacity to termination of E–3 status. generate more than enough income to A skill that is unique at one point may (2) Spouse and children of treaty alien provide a minimal living for the treaty become commonplace at a later date. in a specialty occupation. The spouse investor and his or her family. An Skills required to start up an enterprise and children of a treaty alien in a enterprise that does not have the may no longer be essential after initial specialty occupation accompanying or capacity to generate such income but operations are complete and are running following to join the principal alien are, that has a present or future capacity to smoothly. Some skills are essential only if otherwise admissible, entitled to the make a significant economic in the short-term for the training of same classification as the principal contribution is not a marginal locally hired employees. Long-term alien. A spouse or child of a principal enterprise. The projected future capacity essentiality might, however, be E–3 treaty alien need not have the same should generally be realizable within established in connection with nationality as the principal in order to five years from the date the alien continuous activities in such areas as be classifiable under the provisions of commences normal business activity of product improvement, quality control, INA 101(a)(15)(E). Spouses and children the enterprise. or the provision of a service not of E–3 principals are not subject to the (11) Solely to develop and direct. The generally available in the United States. numerical limitations of INA business or individual treaty investor (14) Labor disputes. Citizens of 214(g)(11)(B). does or will develop and direct the Canada or Mexico shall not be entitled enterprise by controlling the enterprise to classification under this section if the Dated: July 14, 2005. through ownership of at least 50% of Attorney General and the Secretary of Maura Harty, the business, by possessing operational Labor have certified that: Assistant Secretary for Consular Affairs, control through a managerial position or (i) There is in progress a strike or Department of State. other corporate device, or by other lockout in the course of a labor dispute [FR Doc. 05–17622 Filed 9–1–05; 8:45 am] means. in the occupational classification at the BILLING CODE 4710–06–P
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52296 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION related violations in a State, such as NDR file and to receive any such racing on the highway or driving while information. National Highway Traffic Safety impaired by alcohol or other drugs. The The NDR statute allows the head of a Administration NDR was designed to prevent such Federal department or agency individuals from obtaining a driver’s authorized to receive information 23 CFR Part 1327 license in another State, using a device regarding an individual from the NDR to request and receive such information [Docket No. NHTSA–05–22265] known as the Problem Driver Pointer System (PDPS). from the Secretary of Transportation. 49 RIN 2127–AJ66 The PDPS consists of a list of problem U.S.C. 30305(b)(11). This provision, by drivers (with certain identifying its operation, affords direct access to the Procedures for Participating in and information) contained in ‘‘pointer’’ NDR to identified Federal departments Receiving Data From the National records. These records ‘‘point’’ to the and agencies (through NHTSA), without Driver Register Problem Driver Pointer State where the substantive adverse the need to submit an inquiry to a State System Pursuant to a Personnel records about the driver can be driver licensing official. In practice, Security Investigation and obtained. The PDPS system is fully virtually all Federal departments or Determination automated and enables State driver agencies with specific access provisions have submitted inquiries directly to AGENCY: National Highway Traffic licensing officials to determine NHTSA. Safety Administration (NHTSA), instantaneously whether another State Department of Transportation (DOT). has taken adverse action against a C. Recent Amendment to National ACTION: Interim final rule; request for license applicant. Driver Act of 1982 comments. B. National Driver Register Act of 1982 On October 28, 2004, Public Law 108– 375 amended the NDR Act of 1982. SUMMARY: This interim final rule The NDR Act of 1982, as amended, 49 Section 1061 of Public Law 108–375 amends the agency’s National Driver U.S.C. 30301, et seq., authorizes State allows ‘‘[a]n individual who has or is Register (NDR) regulations to implement chief driver licensing officials to request seeking access to national security an amendment to the National Driver and receive information from the NDR information for purposes of Executive Register Act of 1982. The amendment for driver licensing and driver Order No. 12968, or any successor authorizes a Federal department or improvement purposes. When an Executive order, or an individual who is agency that investigates an individual individual applies for a driver’s license, being investigated for Federal for the purpose of determining the for example, these State officials are employment under authority of individual’s eligibility to access national authorized to request and receive NDR Executive Order No. 10450, or any security information to request and information to determine whether the successor Executive order, [to] request receive information from the National applicant’s driver’s license has been the chief driver licensing official of a Driver Register, upon request and withdrawn for cause or the applicant State to provide [NDR] information consent of the individual. This interim has been convicted of specific offenses about the individual * * * to a Federal final rule establishes the procedures for in another State. Because the NDR is a department or agency that is authorized individuals to request and for the nationwide index, State chief driver to investigate the individual for the Federal department or agency to receive licensing officials need only submit a purpose of assisting in the NDR information.0 single inquiry to obtain this determination of the eligibility of the DATES: This interim final rule becomes information. individual for access to national effective on September 30, 2005. State chief driver licensing officials security information or for Federal Comments on this interim final rule are also are authorized under the NDR Act employment in a position requiring due no later than November 1, 2005. to request NDR information on behalf of access to national security information.’’ FOR FURTHER INFORMATION CONTACT: For other NDR users for specific This interim final rule amends the NDR program issues: Mr. Sean McLaurin, transportation safety purposes. The NDR regulations, 23 CFR Part 1327, to Chief, National Driver Register, NPO– Act authorizes the following entities to incorporate procedures governing access 124, National Highway Traffic Safety receive NDR information for limited to NDR information to assist in Administration, 400 Seventh Street, transportation purposes: the National personnel security investigations. Transportation Safety Board and the SW., Washington, DC, 20590. II. Procedures for Requesting and Telephone: (202) 366–4800. For legal Federal Highway Administration for accident investigation purposes; Receiving NDR Information for issues: Mr. Roland (R.T.) Baumann III, Personnel Security Investigations Attorney-Advisor, Office of the Chief employers and prospective employers of Counsel, NCC–113, National Highway motor vehicle operators; the Federal Under the interim final rule, the Traffic Safety Administration, 400 Aviation Administration (FAA) procedures that a Federal department or Seventh Street, SW., Washington, DC, regarding any individual who holds or agency performing personnel security 20590. Telephone: (202) 366–1834. has applied for an airman’s certificate; investigations of individuals must air carriers regarding individuals who follow to receive NDR information are SUPPLEMENTARY INFORMATION: are seeking employment with the air similar to those followed by the FAA, I. Background carrier; the Federal Railroad the FRA, and the U.S. Coast Guard in Administration (FRA) and employers or checking their applicants for A. National Driver Register prospective employers of locomotive employment or certification. The National Driver Register (NDR) is operators; and the U.S. Coast Guard The Federal department or agency a central file of information on regarding any individual who holds or may not, itself, initiate a request for individuals whose license to operate a who has applied for a license, certificate NDR information. Rather, the individual motor vehicle in a State has been of registry, or a merchant mariner’s subject to a personnel security denied, revoked, suspended, or document. The Act also allows investigation must do so. To initiate a canceled, for cause, or who have been individuals to learn whether request, the individual must either convicted of certain serious traffic- information about themselves is on the complete, sign and submit a request to
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52297
the chief driver licensing official of a a definition of ‘‘personnel security (1) By mail to: Docket Management State for an NDR file search or authorize investigation’’ to 23 CFR 1327.3. Facility, Docket No. NHTSA–05–XXXX, the Federal department or agency to DOT, 400 Seventh Street, SW., Nassif Interim Final Rule request the chief driver licensing official Building, Room PL–401, Washington, to conduct the NDR file search by This document is published as an DC 20590; providing a written and signed consent. interim final rule. Accordingly, the (2) By hand delivery to: Room PL–401 Just as in NDR requests for traffic safety changes to part 1327 described above on the Plaza level of the Nassif Building, purposes, the request or written consent become effective on September 30, 400 Seventh Street, SW., Washington, must state that NDR records are being 2005. No further regulatory action by DC, between 9 a.m. and 5 p.m., Monday requested; state specifically who is NHTSA is necessary to make these through Friday; authorized to receive the records; be changes effective. (3) By fax to the Docket Management dated and signed by the individual; and Publication as an interim final rule, Facility at (202) 493–2251; or state that it is recommended (but not without prior notice and opportunity for (4) By electronic submission: log onto required) that the Federal department or comment, is necessary to permit the DMS Web site at http://dms.dot.gov agency verify matches with the state of individuals subject to background and click on ‘‘Help and Information’’ or record. Consistent with a specific investigations for security clearances to ‘‘Help/Info’’ to obtain instructions. statutory restriction concerning submit requests to the NDR and Federal All comments received before the personnel security investigations, it departments or agencies to receive NDR close of business on the comment must also state that the authorization is information as soon as possible. The closing date will be considered and will valid only during the performance of the changes made to the regulation in this be available for examination in the security investigation. interim final rule are minor and simply docket at the above address. To the In accordance with Public Law 108– reflect the statutory amendments extent possible, comments filed after the 375, requests to transmit NDR enacted by Public Law 108–375. These closing date will also be considered. information to the Federal department changes create procedures that are However, the rulemaking action may or agency (made either directly by nearly identical to existing regulatory proceed at any time after that date. The individuals or through a written procedures being followed by the States, agency will continue to file relevant consent) may be submitted through a by airmen, by seamen/merchant material in the docket as it becomes State chief driver licensing official. mariners, and by others in the field of available after the closing date, and it is Since all 50 States and the District of transportation safety, which were recommended that interested persons Columbia currently participate in the previously subjected to notice and continue to examine the docket for new NDR PDPS, requests may be submitted opportunity for comment. material. to any of the chief driver licensing Statutory Basis for This Rule You may review submitted comments officials. This interim final rule implements a in person at the Docket Management Because Federal departments or NDR access provision mandated by the Facility located at Room PL–401 on the agencies that perform personnel security Ronald W. Reagan National Defense Plaza level of the Nassif Building, 400 investigations are afforded the specific Authorization Act for Fiscal Year 2005 Seventh Street, SW., Washington, DC, right to receive NDR information, they (Pub. L. 108–375, Section 1061). The between 9 a.m. and 5 p.m., Monday are subject to the provision that allows NDR Act of 1982 (Pub. L. 97–364) through Friday. them to request and receive such provides general authority to issue You may also review submitted information from the Secretary of regulations regarding access to the comments on the Internet by taking the Transportation. Hence, they need not PDPS. following steps: submit a request to the State chief driver (1) Go to the DMS Web page at licensing official. Consistent with past Comments http://dms.dot.gov/search/. practice for safety related requests, we NHTSA requests comments on these (2) On that page, click on ‘‘search’’. expect virtually all requests from regulatory changes. All comments (3) On the next page (http:// Federal departments or agencies that submitted in response to this document dms.dot.gov/search/) type in the four perform personnel security will be considered by the agency. digit docket number shown at the investigations will be sent directly to Following the close of the comment beginning of this notice. Click on NHTSA. period, NHTSA will publish a ‘‘search’’. To implement these procedures, the document responding to the comments, (4) On the next page, which contains interim final rule amends the NDR and if appropriate, will further amend docket summary information for the regulation at 23 CFR 1327.5, setting the provisions of 23 CFR part 1327. docket you selected, click on the desired forth requirements that States must However, the interim final rule comments. You may also download the follow to accept NDR inquiries published today is effective upon comments. Although the comments are submitted to a chief driver licensing publication. imaged documents, instead of word official. The interim final rule also Interested persons are invited to processing documents, the ‘‘pdf’’ amends the regulatory sections at 23 comment on this interim final rule. It is versions of the documents are word CFR 1327.6 and 1327.7, setting forth requested, but not required, that two searchable. procedures for NDR inquiries submitted copies be submitted. All comments Anyone is able to search the directly to the agency. To make clear must be limited to 15 pages in length. electronic form of all comments that a covered personnel security Necessary attachments may be received into any of our dockets by the investigation is limited to an appended to those submissions without name of the individual submitting the investigation for the purpose of assisting regard to the 15-page limit. (See 49 CFR comment (or signing the comment, if in the determination of eligibility for 553.21). This limitation is intended to submitted on behalf of an association, access to national security information encourage commenters to detail their business, labor union, etc.). You may or for Federal employment in a position primary arguments in a concise fashion. review DOT’s complete Privacy Act requiring access to national security You may submit your comments by Statement in the Federal Register information, the interim final rule adds one of the following methods: published on April 11, 2000 (Volume
VerDate Aug<18>2005 15:12 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52298 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
65, Number 70; Pages 19477–78) or you unless the agency determines that a rule Executive Order 13132 (Federalism) may visit http://dms.dot.gov. is not expected to have a significant This action has been analyzed in Those persons who wish to be impact on a substantial number of small accordance with the principles and notified upon receipt of their comments entities. I hereby certify that the action criteria contained in the Executive in the docket should enclose, in the would not have a significant impact on Order 12612, and it has been envelope with their comments, a self- a substantial number of small entities. determined that this action does not addressed stamped postcard. Upon Accordingly, the preparation of a have sufficient federalism implications receiving the comments, the docket Regulatory Flexibility Analysis is not to warrant preparation of a Federalism supervisor will return the postcard by required. Assessment. Accordingly, a Federalism mail. Assessment is not required. Paperwork Reduction Act Regulatory Analyses and Notices Executive Order 13175 (Consultation There are reporting requirements Executive Order 12988 (Civil Justice and Coordination With Indian Tribal Reform) contained in the regulation that this Governments) interim final rule is amending that are This action does not have any The agency has analyzed this action considered to be information collection under Executive Order 13175, and has preemptive or retroactive effect. This requirements, as that term is defined by action meets applicable standards in determined that the action would not the Office of Management and Budget have a substantial direct effect on one or sections 3(a) and 3(b)(2) of Executive (OMB) in 5 CFR part 1320. This interim Order 12988, Civil Justice Reform, to more Indian tribes, would not impose final rule does not change the reporting substantial direct compliance costs on minimize litigation, eliminate requirements for participating States or ambiguity, and reduce burden. Indian tribal governments, and would the procedures to be followed by not preempt tribal law. Therefore, a Executive Order 12866 (Regulatory individuals who request NDR tribal summary impact statement is not Planning and Review) and DOT information. These requirements have required. Regulatory Policies and Procedures been submitted previously to and Executive Order 13045, Economically approved by OMB, pursuant to the Executive Order 12866, ‘‘Regulatory Significant Rules Disproportionately Paperwork Reduction Act (44 U.S.C. Planning and Review’’ (58 FR 51735, Affecting Children 3500, et seq.). These requirements have October 4, 1993) provides for making This rule is not subject to E.O. 13045 determinations on whether a regulatory been approved through July 30, 2006, under OMB No. 2127–0001. because it is not ‘‘economically action is ‘‘significant’’ and therefore significant’’ as defined under E.O. subject to Office of Management and National Environmental Policy Act 12866, and does not concern an Budget (OMB) review and the environmental, health or safety risk that requirements of the Executive Order. The agency has reviewed this action NHTSA has reason to believe may have The agency has considered the impact for the purposes of the National a disproportionate effect on children. of this action under Executive Order Environmental Policy Act (42 U.S.C. 12866 and determined that it is not 4321, et. seq.) and has determined that Regulation Identifier Number (RIN) significant. The action is also not it would not have a significant impact A regulation identifier number (RIN) significant under the Department of on the quality of the human is assigned to each regulatory section Transportation’s regulatory policies and environment. listed in the Unified Agenda of Federal procedures. The changes in this interim Regulations. The Regulatory Information final rule merely reflect amendments The Unfunded Mandates Reform Act Service Center publishes the Unified contained in Public Law 108–375 The Unfunded Mandates Reform Act Agenda in April and October of each providing NDR access to another group of 1995 (2 U.S.C. 1531) requires Federal year. The RIN contained in the heading of NDR individuals—individuals who agencies to prepare a written assessment of this document can be used to cross- are subject to personnel security of the costs, benefits, and other effects reference this section with the Unified investigations. Because Public Law 108– of proposed rules that include a Federal Agenda. 375 provides specific NDR access to mandate likely to result in the Federal departments or agencies List of Subjects in 23 CFR Part 1327 expenditure by State, local, or tribal performing personnel security Highway safety, Intergovernmental governments, in the aggregate, or by the investigations and because the NDR Act relations, and Reporting and allows Federal agencies with specific private sector, of $100 million or more recordkeeping requirements. (adjusted annually for inflation) in any access provisions to submit them I In consideration of the foregoing, the directly to the Secretary of one year. This interim final rule may agency amends title 23 of CFR part 1327 Transportation (by delegation, to require that some States driver licensing as follows: NHTSA), we do not anticipate that this officials process additional inquiries action will increase significantly the submitted to them for purposes of PART 1327—PROCEDURES FOR number of NDR inquiries processed by personnel security investigations. PARTICIPATING IN AND RECEIVING State driver licensing officials. Most, if However, because the statute allows this INFORMATION FROM THE NATIONAL not all, such inquiries will likely be type of inquiry to be submitted directly DRIVER REGISTER PROBLEM DRIVER submitted to NHTSA. Accordingly, a to the Secretary of Transportation (by POINTER SYSTEM delegation, to NHTSA), we do not full regulatory evaluation is not I anticipate that States will face a 1. The authority citation for part 1327 required. continues to read as follows: significant increase in NDR requests Regulatory Flexibility Act and, therefore, in associated costs. Most, Authority: Pub. L. 97–364, 96 Stat. 1740, The Regulatory Flexibility Act of 1980 if not all, such requirements will likely as amended (49 U.S.C. 30301 et seq.); delegation of authority at 49 CFR 1.50. (Pub. L. 96–354, 5 U.S.C. 601–612) be submitted to NHTSA. Accordingly, requires an agency to review regulations this action does not require an I 2. Amend § 1327.3 by redesignating to assess their impact on small entities assessment under this law. paragraphs (o) through (y) as paragraphs
VerDate Aug<18>2005 15:12 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52299
(p) through (z) and by inserting new consent was signed and dated by the § 1327.7 Procedures for NDR information paragraph (o) to read as follows: individual or the individual’s legal requests. representative, specifically stated that (a) To initiate an NDR file check, an § 1327.3 Definitions. the authorization is valid only for the individual who is employed or seeking * * * * * duration of the personnel security employment as a motor vehicle (o) Personnel security investigation investigation, and specifically stated operator; who has applied for or means an investigation of an individual that it is recommended, but not received an airman’s certificate; who is for the purpose of assisting in the required, that the authorized recipient employed or seeking employment as a determination of the eligibility of the of the information verify matches with locomotive operator; who holds or has individual for access to national the State of Record. applied for a license, certificate of security information under the authority (3) The chief driver licensing official registry, or a merchant mariner’s of Executive Order No. 12968, or any shall provide to the authorized user a document or is an officer, chief warrant successor Executive order, or for Federal response indicating either Probable officer, or enlisted member of the U.S. employment in a position requiring Identification (match) or No Record Coast Guard or Coast Guard Reserve; or access to national security information Found. In the case of probable who is seeking employment as pilot under the authority of Executive Order identification, the State of Record will with an air carrier; or an individual No. 10450, or any successor Executive also be included in the response so that subject to a personnel security order. the Federal department or agency may investigation; shall either: * * * * * obtain additional information regarding * * * * * I 3. Amend § 1327.5 by redesignating the individual’s driving record. (d) * * * paragraph (d) as (e) and by inserting * * * * * * * * * * new paragraph (d) to read as follows: I 4. Amend § 1327.6 by redesignating (4) Specifically state that the § 1327.5 Conditions for becoming a paragraphs (h) through (i) as paragraphs authorization is valid for only one participating State. (i) through (j) and by inserting new search of the NDR (or in the case of a * * * * * paragraph (h) to read as follows: personnel security investigation state that the authorization is valid only for (d) Personnel security investigations. § 1327.6 Conditions and procedures for The chief driver licensing official of a other authorized users of the NDR. the duration of the investigation); and (5) Except for inquiries concerning participating State shall provide for and * * * * * establish routine procedures and forms personnel security investigations, (h) Federal departments or agencies specifically state that the NDR identifies to accept requests for NDR file checks conducting personnel security from individuals subject to personnel probable matches that require further investigations. (1) To initiate an NDR inquiry for verification; that it is security investigations and from Federal file check, an individual who has or is departments or agencies that are recommended, but not required, that the seeking access to national security employer/prospective employer verify authorized to perform personnel information for purposes of Executive security investigations. These matches with the State of Record; and Order No. 12968, or any successor that individuals have the right to authorized users may receive Executive order, or an individual who is information from the NDR file through request records regarding themselves being investigated for Federal from the NDR to verify their accuracy. participating States. employment under authority of (1) The procedures or forms Executive Order No. 10450, or any Issued on: August 26, 2005. developed by the chief driver licensing successor Executive order shall follow Jeffrey W. Runge, official to facilitate NDR searches for the procedures specified in § 1327.7 Administrator. these authorized users shall provide for (2) Upon receipt of the NDR [FR Doc. 05–17464 Filed 9–1–05; 8:45 am] the request to be made by the individual information, the Federal department or BILLING CODE 4910–59–P or by the Federal department or agency agency should make information from if the individual first consented to the the State of Record available to the search in writing. Any request to the individual for review and comment. DEPARTMENT OF THE TREASURY chief driver licensing official and any (3) In the case of a match (probable written consent by the individual shall: identification), the Federal department Internal Revenue Service (i) State that NDR records are to be or agency conducting the personnel released; security investigation should obtain the 26 CFR Part 1 (ii) Specifically state who is substantive data relating to the record authorized to receive the records; [TD 9224] from the State of Record and verify that (iii) Be signed and dated by the the person named on the probable RIN 1545–BD17 individual or individual’s legal identification is in fact the individual representative; concerned before using the information Updating Estimated Income Tax (iv) Specifically state that the Regulations Under Section 6654 authorization is valid only for the as the basis for any action against the duration of the personnel security individual. AGENCY: Internal Revenue Service (IRS), (4) A Federal department or agency investigation; and Treasury. that receives information about an (v) Specifically state that it is ACTION: Final regulations. recommended, but not required, that the individual under this section may use authorized recipient of the information such information only for purposes of SUMMARY: This document contains final verify matches with the State of Record. the authorized investigation and only in regulations relating to certain changes (2) Any request made by a Federal accordance with applicable law. made to the law by the Tax Reform Act department or agency may include, in * * * * * of 1984. These final regulations are lieu of the actual information described I 5. Amend § 1327.7 by revising necessary to update, clarify, and in paragraphs (d)(1)(i) (C) through (E) of paragraphs (a) introductory text, (d)(4), reorganize the rules and procedures for this section, a certification that a written and (d)(5) to read as follows: making payments of estimated income
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52300 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
tax by individuals. These final alleviates any confusion under the The revision and additions read as regulations do not impose any new current section 6015 regulations, which follows: requirements for taxpayers. address relief from joint and several liability for an individual who has made § 1.6654–2 Exceptions to imposition of the DATES: Effective Date: These final addition to the tax in the case of regulations are effective September 2, a joint return. Adding §§ 1.6654–5 and individuals. 2005. 1.6654–6 will provide additional instructions for determining estimated * * * * * FOR FURTHER INFORMATION CONTACT: (e) * * * tax payments and additional guidance (1) * * * Tatiana Belenkaya of the Office of for nonresident alien individuals Associate Chief Counsel (Procedure and (ii) * * * For rules with respect to the required to make estimated tax allocation of joint payments of Administration), (202) 622–4910 (not a payments. toll-free number). estimated tax, see § 1.6654–2(e)(5). SUPPLEMENTARY INFORMATION: Special Analyses * * * * * (5) Joint payments of estimated tax— Background Because these regulations are interpretative and generally re-codify, (i) In general. A husband and wife may This document contains amendments under an existing statute, existing rules make a joint payment of estimated tax to 26 CFR part 1. Section 412 of the Tax promulgated under a prior statute, even though they are not living together. Reform Act of 1984, Public Law 98–369 notice and public comment procedures However, a joint payment of estimated (98 Stat. 792), repealed section 6015 of are not required pursuant to 5 U.S.C. tax may not be made if the husband and the Internal Revenue Code (Code), 553(b)(A) and (B), and a delayed wife are separated under a decree of which required individuals to file effective date is not required pursuant to divorce or of separate maintenance. A declarations of estimated income tax. 5 U.S.C. 553(d)(2) and (3). Because no joint payment of estimated tax may not Public Law 98–369 (98 Stat. 792) is notice of proposed rulemaking is be made if the taxpayer’s spouse is a effective for taxable years beginning required, the provisions of the nonresident alien (including a after December 31, 1984; however, Regulatory Flexibility Act, 5 U.S.C. 601 nonresident alien who is a bona fide individual taxpayers still must pay (et seq.) do not apply. Further, because resident of Puerto Rico or a possession estimated tax in quarterly installments this Treasury decision is not a to which section 931 applies during the under section 6654 of the Code. significant regulatory action for entire taxable year), unless an election is in effect for the taxable year under Explanation of Provisions purposes of Executive Order 12866, a regulatory assessment is not required. section 6013(g) or (h) and the In general, section 6654(a) of the Code Pursuant to section 7805(f) of the Code, regulations. In addition, a joint payment provides that in the case of any these regulations were submitted to the of estimated tax may not be made if the underpayment of estimated tax by an Chief Counsel for Advocacy of the Small taxpayer’s spouse has a taxable year individual, there shall be added to the Business Administration for comment different from that of the taxpayer. If a tax under chapter 1 and the tax under on their impact on small business. joint payment of estimated tax is made, chapter 2 for the taxable year an amount the amount estimated as the income tax determined by applying (1) the Drafting Information imposed by chapter 1 of the Internal underpayment rate established under The principal author of these Revenue Code must be computed on the section 6621, (2) to the amount of the regulations is Tatiana Belenkaya, Office aggregate estimated taxable income of underpayment, (3) for the period of the of Associate Chief Counsel (Procedure the spouses (see section 6013(d)(3) and underpayment. Section 6654(m) and Administration), Administrative § 1.2–1), whereas, if applicable, the authorizes the Secretary to prescribe Provisions and Judicial Practice amount estimated as the self- such regulations as may be necessary to Division. employment tax imposed by chapter 2 carry out the purposes of section 6654. List of Subjects in 26 CFR Part 1 of the Internal Revenue Code must be Prior to its repeal in 1984, section computed on the separate estimated 6015 of the Code, and §§ 1.6015(a)–1 Income taxes, Reporting and self-employment income of each spouse. through 1.6015(j)–1 of the Income Tax recordkeeping requirements. See sections 1401 and 1402 and Regulations, provided rules for making Adoption of Amendments to the § 1.6017–1(b)(1). The liability with declarations of estimated income tax by Regulations respect to the estimated tax, in the case individuals. Section 6015 of the Code of a joint payment, shall be joint and was repealed for taxable years beginning I Accordingly, 26 CFR part 1 is several. after December 31, 1984. The repeal of amended as follows: (ii) Application to separate returns. section 6015 rendered §§ 1.6015(a)–1 (A) Although a husband and wife may PART 1—INCOME TAXES through 1.6015(j)–1 obsolete, except to make a joint payment of estimated tax, the extent that portions of these sections I Paragraph 1. The authority citation they, nevertheless, can file separate provide guidance still relevant to the for part 1 continues to read in part as returns. If they make a joint payment of payment of estimated tax under section follows: estimated tax and file separate returns 6654. Authority: 26 U.S.C. 7805 * * * for the same taxable year with respect to These final regulations remove which the joint payment was made, the §§ 1.6015(a)–1 through 1.6015(j)–1, §§ 1.6015(a)–1 through 1.6015(j)–1 payment made on account of the revise §§ 1.6654–2 and 1.6654–3, and [Removed] estimated tax for that taxable year may add §§ 1.6654–5 and 1.6654–6. I Par. 2. Sections 1.6015(a)–1 through be treated as a payment on account of Removing the obsolete declaration of 1.6015(j)–1 are removed. the tax liability of either the husband or estimated income tax regulations and I Par. 3. Section 1.6654–2 is amended wife for the taxable year, or may be revising the current estimated income by: divided between them in such manner tax regulations will clarify the estimated I 1. Revising the last sentence of as they may agree. income tax regulations under section paragraph (e)(1)(ii). (B) In the event the husband and wife 6654 of the Code. Removal of I 2. Adding paragraphs (e)(5), (e)(6), fail to agree to a division of the §§ 1.6015(a)–1 through 1.6015(j)–1 also and (e)(7). estimated tax payment, such payment
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52301
shall be allocated between them in estimated tax with respect to chapter 1 applicable in the case of a short taxable accordance with the following rule. The tax in the same manner as though a joint year. portion of such payment to be allocated return had been filed. * * * * * to a taxpayer shall be that portion of the (ii) If a husband and wife make a joint § 1.6654–5 [Redesignated as § 1.6654–7] aggregate of all such payments as the payment of estimated tax and thereafter amount of tax imposed by chapter 1 of one spouse dies, no further payments of I Par. 5. Section 1.6654–5 is the Internal Revenue Code shown on the joint estimated tax liability are required redesignated as § 1.6654–7. I separate return of the taxpayer (plus, if from the estate of the decedent. The Par. 6. New § 1.6654–5 is added to applicable, the amount of tax imposed surviving spouse, however, shall be read as follows: by chapter 2 of the Internal Revenue liable for the payment of any subsequent § 1.6654–5 Payments of estimated tax. Code shown on the return of the installments of the joint estimated tax. taxpayer) bears to the sum of the taxes (a) In general. A payment of estimated For the purpose of making an amended tax by an individual shall be determined imposed by chapter 1 of the Internal payment of estimated tax by the Revenue Code shown on the separate on Form 1040–ES. For the purpose of surviving spouse, and the allocation of determining the estimated tax, the returns of the taxpayer and the spouse payments made pursuant to a joint (plus, if applicable, the sum of the taxes amount of gross income which the payment of estimated tax between the taxpayer can reasonably expect to imposed by chapter 2 of the Internal surviving spouse and the legal Revenue Code shown on the separate receive or accrue, depending upon the representative of the decedent in the method of accounting upon which returns of the taxpayer and the spouse). event a joint return is not filed, the (6) Example. The rule described in taxable income is computed, and the payment of estimated tax may be paragraph (e)(5) of this section may be amount of the estimated allowable divided between the decedent and the illustrated by the following example: deductions and credits to be taken into surviving spouse in such proportion as account in computing the amount of Example. (i) H and W make a joint the surviving spouse and the legal estimated tax, shall be determined upon payment of estimated tax of $19,500 for the representative of the decedent may the basis of the facts and circumstances taxable year. H and W subsequently file agree. separate returns for the taxable year showing existing at the time prescribed for tax imposed by chapter 1 of the Internal (iii) If the surviving spouse and the determining the estimated tax, as well Revenue Code in the amount of $11,500 and legal representative of the decedent fail as those reasonably to be anticipated for $8,000, respectively. In addition, H’s return to agree to a division of a payment, such the taxable year. If, therefore, the shows a tax imposed by chapter 2 of the payment shall be allocated in taxpayer is employed at the date Internal Revenue Code in the amount of accordance with the following rule. The prescribed for making an estimated tax $500. H and W fail to agree to a division of payment at a given wage or salary, the the estimated tax paid. The amount of the portion of such payment to be allocated aggregate estimated tax payments allocated to to the surviving spouse shall be that taxpayer should presume, in the H is determined as follows: portion of the aggregate amount of such absence of circumstances indicating the (A) Chapter 1 tax shown on H’s return— payments as the amount of tax imposed contrary, for the purpose of the $11,500 by chapter 1 of the Internal Revenue estimated tax payment that such (B) Plus: Amount of tax imposed by chapter Code shown on the separate return of employment will continue to the end of 2 shown on H’s return—$500 the surviving spouse (plus, if applicable, the taxable year at the wage or salary (C) Total taxes imposed by chapter 1 and by the amount of tax imposed by chapter received by the taxpayer as of such date. chapter 2 shown on H’s return—$12,000 In the case of income other than wages (D) Amount of tax imposed by chapter 1 2 of the Internal Revenue Code shown shown on W’s return—$8,000 on the return of the surviving spouse) and salary, the regularity in the payment (E) Total taxes imposed by chapter 1 and by bears to the sum imposed by chapter 1 of income, such as dividends, interest, chapter 2 on both H’s and W’s—$20,000 of the Internal Revenue Code shown on rents, royalties, and income arising from returns the separate returns of the surviving estates and trusts is a factor to be taken (F) Proportion of taxes shown on H’s return spouse and of the decedent (plus, if into consideration. Thus, if the taxpayer to total amount—($12,000/$20,000) 60% of owns shares of stock in a corporation, taxes shown on both H’s and W’s returns applicable, the sum of the taxes imposed by chapter 2 of the Internal and dividends have been paid regularly (G) Amount of estimated tax payments for several years upon the stock, the allocated to H (60% of $19,500)—$11,700 Revenue Code shown on the returns of (ii) Accordingly, H’s return would show a the surviving spouse and of the taxpayer should, in the absence of balance due in the amount of $300 ($12,000 decedent); and the balance of such information indicating a change in the taxes shown less $11,700 estimated tax payments shall be allocated to the dividend policy, include the allocated). decedent. This rule may be illustrated prospective dividends from the (7) Death of spouse. (i) A joint by analogizing the surviving spouse corporation for the taxable year as well payment of estimated tax may not be described in this rule to H in the as those actually received in such year made after the death of either the example contained in paragraph (e)(6) of prior to determining the estimated tax. husband or wife. However, if it is this section and the decedent in this In the case of a taxpayer engaged in reasonable for a surviving spouse to rule to W in that example. business on his own account, there shall assume that there will be filed a joint be made an estimate of gross income return for himself and the deceased I Par. 4. Section 1.6654–3 is amended and deductions and credits in the light spouse for his taxable year and the last by revising paragraph (a) to read as of the best available information taxable year of the deceased spouse, he follows: affecting the trade, business, or may, in making a separate payment of profession. estimated tax for his taxable year which § 1.6654–3 Short taxable years of (b) Computation of estimated tax. In individuals. includes the period comprising such computing the estimated tax the last taxable year of his spouse, estimate (a) In general. The provisions of taxpayer should take into account the the amount of the tax imposed by section 6654, with certain modifications taxes, credits, and other amounts listed chapter 1 of the Internal Revenue Code relating to the application of section in § 1.6654–1(a)(4). on his and his spouse’s taxable income 6654(d), which are explained in I Par. 7. Section 1.6654–6 is added to on an aggregate basis and compute his paragraph (b) of this section, are read as follows:
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52302 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
§ 1.6654–6 Nonresident alien individuals. DEPARTMENT OF DEFENSE paragraph 2(f)(i), pertaining to the (a) In general. A nonresident alien placement of the masthead light or Department of the Navy lights above and clear of all other lights individual is required to make a and obstructions; Annex I, paragraph payment of estimated tax if that 32 CFR Part 706 2(f)(ii), pertaining to the vertical individual’s gross income meets the placement of task lights; and Annex I, requirements of section 6654 and Certifications and Exemptions Under paragraph 3(a), pertaining to the § 1.6654–1. In making the determination the International Regulations for location of the forward masthead light under section 6654 as to whether the Preventing Collisions at Sea, 1972 in the forward quarter of the ship, and amount of the gross income of a AGENCY: Department of the Navy, DOD. the horizontal distance between the nonresident alien individual is such as ACTION: Final rule. forward and after masthead lights. The to require making a payment of Deputy Assistant Judge Advocate estimated income tax, only the filing SUMMARY: The Department of the Navy General (Admiralty and Maritime Law) status relating to a single individual is amending its certifications and has also certified that the lights (other than a head of household) or to exemptions under the International involved are located in closest possible a married individual not entitled to file Regulations for Preventing Collisions at compliance with the applicable 72 a joint return shall apply, unless an Sea, 1972 (72 COLREGS), to reflect that COLREGS requirements. election is in effect 1 for the taxable year the Deputy Assistant Judge Advocate Moreover, it has been determined, in under section 6013(g) or (h) and the General (Admiralty and Maritime Law) accordance with 32 CFR parts 296 and regulations. has determined that USS WINSTON S. 701, that publication of this amendment (b) Determination of gross income. To CHURCHILL (DDG 81) is a vessel of the for public comment prior to adoption is Navy which, due to its special determine the gross income of a impracticable, unnecessary, and construction and purpose, cannot fully contrary to public interest since it is nonresident alien individual who is not, comply with certain provisions of the 72 based on technical findings that the or does not expect to be, a bona fide COLREGS without interfering with its placement of lights on this vessel in a resident of Puerto Rico or a possession special function as a naval ship. The manner differently from that prescribed to which section 931 applies during the intended effect of this rule is to warn herein will adversely affect the vessel’s entire taxable year, see section 872 and mariners in waters where 72 COLREGS ability to perform its military functions. §§ 1.872–1 and 1.872–2. To determine apply. List of Subjects in 32 CFR Part 706 the gross income of a nonresident alien DATES: Effective Date: April 12, 2005. individual who is, or expects to be, a FOR FURTHER INFORMATION CONTACT: Marine safety, Navigation (water), and bona fide resident of Puerto Rico or a Commander Gregg A. Cervi, JAGC, U.S. Vessels. possession to which section 931 applies Navy, Deputy Assistant Judge Advocate I during the entire taxable year, see For the reasons set forth in the General (Admiralty and Maritime Law), preamble, amend part 706 of title 32 of section 876 and the regulations. For Office of the Judge Advocate General, the Code of Federal Regulations as rules for determining whether an Department of the Navy, 1322 Patterson follows: individual is a bona fide resident of a Ave., SE., Suite 3000, Washington Navy United States possession (including Yard, DC 20374–5066, telephone 202– PART 706—CERTIFICATIONS AND Puerto Rico), see section 937 and the 685–5040. EXEMPTIONS UNDER THE regulations. SUPPLEMENTARY INFORMATION: Pursuant INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, Mark E. Matthews, to the authority granted in 33 U.S.C. 1605, the Department of the Navy 1972 Deputy Commissioner for Services and amends 32 CFR part 706. This Enforcement. I 1. The authority citation for part 706 amendment provides notice that the continues to read: Approved: August 21, 2005. Deputy Assistant Judge Advocate Eric Solomon, General (Admiralty and Maritime Law), Authority: 33 U.S.C. 1605. Acting Deputy Assistant Secretary of the under authority delegated by the I 2. Table Four, Paragraph 16 of § 706.2 Treasury. Secretary of the Navy, has certified that is amended by revising the entry for [FR Doc. 05–17449 Filed 9–1–05; 8:45 am] USS WINSTON S. CHURCHILL (DDG USS WINSTON S. CHURCHILL as BILLING CODE 4830–01–P 81) is a vessel of the Navy which, due follows: to its special construction and purpose, cannot fully comply with the following § 706.2 Certifications of the Secretary of specific provisions of 72 COLREGS the Navy under Executive Order 11964 and without interfering with its special 33 U.S.C. 1605. function as a naval ship: Annex I, * * * * *
Obstruction angle relative Vessel Number ship’s headings
******* USS WINSTON S. CHURCHILL ...... DDG 81 ...... 103.72 thru 112.50.
*******
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52303
I 3. Table Five of § 706.2 is amended by § 706.2 Certifications of the Secretary of revising the entry for USS WINSTON S. the Navy under Executive Order 11964 and CHURCHILL as follows: 33 U.S.C. 1605. * * * * *
TABLE FIVE
Masthead lights Forward mast- After masthead light less than 1⁄2 not over all other head light not in ship’s length aft of Percentage hori- Vessel No. lights and obstruc- forward quarter of forward masthead zontal separation tions. Annex I, ship. Annex I, sec. light. Annex I, sec. attained sec. 2(f) 3(a) 3(a)
******* USS WINSTON S. CHURCHILL ...... DDG 81 X X X 14.0
*******
Approved: July 6, 2005. FOR FURTHER INFORMATION CONTACT: barges to the display location, and Gregg A. Cervi, Lieutenant Ian Callander, U.S. Coast during the fireworks display. This Commander, JAGC, U.S. Navy, Deputy Guard Marine Safety Office San regulated area around the launch barges Assistant Judge Advocate General (Admiralty Francisco Bay, at (510) 437–3401. is necessary to protect spectators, and Maritime Law). SUPPLEMENTARY INFORMATION: vessels, and other property from the [FR Doc. 05–17528 Filed 9–1–05; 8:45 am] hazards associated with the BILLING CODE 3810–FF–P Regulatory Information pyrotechnics on the fireworks barges. We did not publish a notice of The Coast Guard has granted the event proposed rulemaking (NPRM) for this sponsor a marine event permit for the DEPARTMENT OF HOMELAND regulation. Under 5 U.S.C. 553(b)(B), the fireworks display. SECURITY Coast Guard finds that good cause exists Discussion of Rule for not publishing an NPRM. Logistical Coast Guard details surrounding the event were not The Coast Guard is establishing finalized and presented to the Coast temporary special local regulations on 33 CFR Part 100 Guard in time to draft and publish an specified waters of South Lake Tahoe, [CGD11–05–022] NPRM. As such, the event would occur CA. During the loading of the fireworks before the rulemaking process was barges, while the barges are being towed RIN 1625–AA08 complete. Because of the dangers posed to the display location, and until the start of the fireworks display, the special Special Local Regulations for Marine by the pyrotechnics used in this local regulations apply to the navigable Event; Labor Day Fireworks Display, fireworks display, special local waters around and under the fireworks South Lake Tahoe, CA regulations are necessary to provide for the safety of event participants, barges within a radius of 100 feet. AGENCY: Coast Guard, DHS. spectator craft, and other vessels During the 20-minute fireworks display, ACTION: Temporary final rule. transiting the event area. For the safety the area to which these special local concerns noted, it is in the public regulations apply will increase in size to SUMMARY: The Coast Guard is interest to have these regulations in encompass the navigable waters around establishing special local regulations in effect during the event. and under the fireworks barges within a the navigable waters of Lake Tahoe for Under 5 U.S.C. 553(d)(3), the Coast radius of 1,000 feet. Loading of the the loading, transport, and launching of Guard finds that good cause exists for pyrotechnics onto the fireworks barges fireworks used during a fireworks making this rule effective less than 30 is scheduled to commence at 10 a.m. on display to be held in celebration of days after publication in the Federal September 3, 2005, and will take place Labor Day on September 4, 2005. These Register. Any delay in the effective date at the Tahoe Keys Marina in South Lake special local regulations are intended to of this rule would expose mariners to Tahoe, CA. Towing of the barges from prohibit vessels and people from the dangers posed by the pyrotechnics the Tahoe Keys Marina, to the display entering into or remaining within the used in this fireworks display. location, is scheduled to take place regulated area and to ensure the safety between 12 p.m. and 7 p.m. on of participants and spectators. Background and Purpose September 4, 2005. During the fireworks DATES: This rule is effective from 10 The Tahoe-Douglas Visitors Authority display, scheduled to commence at 9:15 a.m. on September 3, 2005 to 10 p.m. on is sponsoring a brief fireworks display p.m. on September 4, 2005, the September 4, 2005. on September 4, 2005 in the waters of fireworks barges will be located ADDRESSES: Documents indicated in this South Lake Tahoe, CA. The fireworks approximately 1,500 feet off the South preamble as being available in the display is meant for entertainment Lake Tahoe waterfront near the docket are part of the docket CGD 11– purposes in celebration of Labor Day. California/Nevada border, in position 05–022 and are available for inspection These special local regulations are being 38°57′54″ N, 119°57′18″ W. or copying at Coast Guard Marine Safety issued to establish a temporary The effect of the temporary special Office San Francisco Bay, Coast Guard regulated area in South Lake Tahoe local regulations will be to restrict Island, Alameda, California, 94501, around the three fireworks launch general navigation in the vicinity of the between 9 a.m. and 4 p.m., Monday barges during loading of the fireworks barges while the fireworks are through Friday, except Federal holidays. pyrotechnics, during the transit of the loaded at the Tahoe Keys Marina,
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52304 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
during the transit of the fireworks economic impact on a substantial Federal agencies to assess the effects of barges, and until the conclusion of the number of small entities for several their discretionary regulatory actions. In scheduled display. Except for persons or reasons: (i) Vessel traffic can pass safely particular, the Act addresses actions vessels authorized by the Coast Guard around the area, (ii) vessels engaged in that may result in the expenditure by a Patrol Commander, no person or vessel recreational activities and sightseeing state, local, or tribal government, in the may enter or remain in the regulated have ample space outside of the effected aggregate, or by the private sector of area. These regulations are needed to portion of Lake Tahoe to engage in these $100,000,000 or more in any one year. keep spectators and vessels a safe activities, (iii) this rule will encompass Though this rule will not result in such distance away from the fireworks barges only a small portion of the waterway for an expenditure, we do discuss the and to ensure the safety of participants, a limited period of time, and (iv) the effects of this rule elsewhere in this spectators, and transiting vessels. maritime public will be advised in preamble. Pursuant to 33 U.S.C. 1236, persons advance of these special local Taking of Private Property violating these special local regulations regulations via broadcast notice to may be liable as follows: suspension or mariners, and/or a local notice to This rule will not effect a taking of revocation of the license of a licensed mariners. private property or otherwise have officer for incompetence or misconduct; taking implications under Executive Assistance for Small Entities civil penalty of $6,500 for any person in Order 12630, Governmental Actions and charge of the navigation of a vessel other Under section 213(a) of the Small Interference with Constitutionally than a licensed officer; civil penalty of Business Regulatory Enforcement Protected Property Rights. $6,500 for the owner of a vessel Fairness Act of 1996 (Pub. L. 104–121), (including any corporate officer of a we offered to assist small entities in Civil Justice Reform corporation owning the vessel) who is understanding the rule so that they This rule meets applicable standards actually on board; and $2,750 for any could better evaluate its effects on them in sections 3(a) and 3(b)(2) of Executive other person. and participate in the rulemaking Order 12988, Civil Justice Reform, to Regulatory Evaluation process. If the rule will affect your small minimize litigation, eliminate business, organization, or government ambiguity, and reduce burden. This rule is not a ‘‘significant jurisdiction and you have questions regulatory action’’ under section 3(f) of concerning its provisions, options for Protection of Children Executive Order 12866, Regulatory compliance, or assistance in Planning and Review, and does not We have analyzed this rule under understanding this rule, please contact Executive Order 13045, Protection of require an assessment of potential costs Lieutenant Ian Callander, U.S. Coast and benefits under section 6(a)(3) of that Children from Environmental Health Guard Marine Safety Office San Risks and Safety Risks. This rule is not Order. The Office of Management and Francisco Bay, at (510) 437–3401. Budget has not reviewed it under that an economically significant rule and Small businesses may send comments does not create an environmental risk to Order. It is not ‘‘significant’’ under the on the actions of Federal employees regulatory policies and procedures of health or risk to safety that may who enforce, or otherwise determine disproportionately affect children. the Department of Homeland Security compliance with, Federal regulations to (DHS). the Small Business and Agriculture Indian Tribal Governments Although this regulation prevents Regulatory Enforcement Ombudsman This rule does not have tribal traffic from transiting a portion of Lake and the Regional Small Business Tahoe during the event, the effect of this implications under Executive Order Regulatory Fairness Boards. The 13175, Consultation and Coordination regulation will not be significant due to Ombudsman evaluates these actions the small size and limited duration of with Indian Tribal Governments, annually and rates each agency’s because it does not have a substantial the regulated area. The entities most responsiveness to small business. If you likely to be affected are pleasure craft direct effect on one or more Indian wish to comment on actions by tribes, on the relationship between the engaged in recreational activities and employees of the Coast Guard, call sightseeing. Federal Government and Indian tribes, 1–888–REG–FAIR (1–888–734–3247). or on the distribution of power and Small Entities Collection of Information responsibilities between the Federal Under the Regulatory Flexibility Act This rule calls for no new collection Government and Indian tribes. (5 U.S.C. 601–612), we have considered of information under the Paperwork Energy Effects whether this rule would have a Reduction Act of 1995 (44 U.S.C. 3501– significant economic impact on a 3520). We have analyzed this rule under substantial number of small entities. Executive Order 13211, Actions The term ‘‘small entities’’ comprises Federalism Concerning Regulations That small businesses, not-for-profit A rule has implications for federalism Significantly Affect Energy Supply, organizations that are independently under Executive Order 13132, Distribution, or Use. We have owned and operated and are not Federalism, if it has a substantial direct determined that it is not a ‘‘significant dominant in their fields, and effect on state or local governments and energy action’’ under that order because governmental jurisdictions with would either preempt state law or it is not a ‘‘significant regulatory action’’ populations of less than 50,000. impose a substantial direct cost of under Executive Order 12866 and is not The Coast Guard certifies under 5 compliance on them. We have analyzed likely to have a significant adverse effect U.S.C. 605(b) that this rule will not have this rule under that Order and have on the supply, distribution, or use of a significant economic impact on a determined that it does not have energy. The Administrator of the Office substantial number of small entities. implications for federalism. of Information and Regulatory Affairs This rule may effect owners and has not designated it as a significant operators of pleasure craft engaged in Unfunded Mandates Reform Act energy action. Therefore, it does not recreational activities and sightseeing. The Unfunded Mandates Reform Act require a Statement of Energy Effects This rule will not have a significant of 1995 (2 U.S.C. 1531–1538) requires under Executive Order 13211.
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52305
Technical Standards § 100.35–T11–037 Labor Day Fireworks Dated: August 23, 2005. Display, South Lake Tahoe, CA. K.J. Eldridge, The National Technology Transfer and Advancement Act (NTTAA) (15 (a) Regulated Area. A regulated area is Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard District. U.S.C. 272 note) directs agencies to use established for the waters of South Lake voluntary consensus standards in their Tahoe surrounding three barges used as [FR Doc. 05–17468 Filed 9–1–05; 8:45 am] regulatory activities unless the agency launch platforms for a fireworks BILLING CODE 4910–15–P provides Congress, through the Office of display. During the loading of the Management and Budget, with an fireworks barges, during the transit of DEPARTMENT OF HOMELAND explanation of why using these the fireworks barges to the display SECURITY standards would be inconsistent with location, and until the start of the fireworks display, the regulated area applicable law or otherwise impractical. Coast Guard Voluntary consensus standards are encompasses the navigable waters around and under each of the fireworks technical standards (e.g., specifications 33 CFR Part 100 of materials, performance, design, or barges within a radius of 100 feet. operation; test methods; sampling During the 20-minute fireworks display, [CGD05–05–005] procedures; and related management the regulated area increases in size to RIN 1625–AA08 systems practices) that are developed or encompass the navigable waters around adopted by voluntary consensus and under each fireworks launch barge Special Local Regulations for Marine standards bodies. within a radius of 1,000 feet. Loading of Events; Pasquotank River, Elizabeth This rule does not use technical the pyrotechnics onto the fireworks City, NC barges is scheduled to commence at 10 standards. Therefore, we did not AGENCY: Coast Guard, DHS. consider the use of voluntary consensus a.m. on September 3, 2005, and will ACTION: Temporary final rule. standards. take place at the Tahoe Keys Marina in South Lake Tahoe, CA. Towing of the SUMMARY: Environment barges from the Tahoe Keys Marina to The Coast Guard is establishing temporary special local We have analyzed this rule under the display location is scheduled to take place between 12 p.m. and 7 p.m. on regulations for the ‘‘Elizabeth City Commandant Instruction M16475.lD, Jaycee Offshore Grand Prix’’, a power which guides the Coast Guard in September 4, 2005. During the fireworks display, scheduled to commence at boat race to be held on the waters of the complying with the National Pasquotank River adjacent to Elizabeth Environmental Policy Act of 1969 approximately 9:15 p.m. on September 4, 2005, the barges will be located City, NC. These special local regulations (NEPA) (42 U.S.C. 4321–4370f), and are necessary to provide for the safety of have concluded that there are no factors approximately 1,500 feet off the South Lake Tahoe waterfront near the life on navigable waters during the in this case that would limit the use of event. This action is intended to restrict a categorical exclusion under section California/Nevada border in position 38°57′54″ N, 119°57′18″ W. vessel traffic in the Pasquotank River 2.B.2 of the Instruction. Therefore, this during the power boat race. (b) Definitions. (1) Coast Guard Patrol rule is categorically excluded, under DATES: This rule is effective from 7:30 figure 2–1, paragraph (34)(h), of the Commander means a commissioned, a.m. on September 23, 2005 to 6:30 p.m. Instruction, from further environmental warrant, or petty officer of the Coast on September 25, 2005. documentation. Special local Guard who has been designated by the ADDRESSES: Documents indicated in this regulations issued in conjunction with a Commander, Sector San Francisco Bay. preamble as being available in the regatta or marine parade permit are (2) Official Patrol means any vessel docket, are part of docket CGD05–05– specifically excluded from further assigned or approved by Commander, 005 and are available for inspection or analysis and documentation under those Coast Guard Sector San Francisco Bay copying at Commander (oax), Fifth sections. with a commissioned, warrant, or petty Coast Guard District, 431 Crawford Under figure 2–1, paragraph (34)(h), officer on board and displaying a Coast Street, Portsmouth, Virginia 23704– of the Instruction, an ‘‘Environmental Guard ensign. 5004, between 9 a.m. and 2 p.m., Analysis Check List’’ and a ‘‘Categorical (c) Special Local Regulations. (1) Monday through Friday, except Federal Exclusion Determination’’ are not Except for persons or vessels authorized holidays. required for this rule. by the Coast Guard Patrol Commander, FOR FURTHER INFORMATION CONTACT: List of Subjects in 33 CFR Part 100 no person or vessel may enter or remain Dennis Sens, Project Manager, Auxiliary in the regulated area. and Recreational Boating Safety Branch, Marine safety, Navigation (water), (2) The operator of any vessel in the at (757) 398–6204. Reporting and recordkeeping regulated area shall: SUPPLEMENTARY INFORMATION: requirements, Waterways. (i) Stop the vessel immediately when I For the reasons discussed in the Regulatory Information directed to do so by any Official Patrol. preamble, the Coast Guard amends 33 On June 28, 2005, we published a CFR part 100 as follows: (ii) Proceed as directed by an Official notice of proposed rulemaking (NPRM) Patrol. entitled Special Local Regulations for PART 100—SAFETY OF LIFE ON (d) Enforcement Period. This section Marine Events; Pasquotank River, NAVIGABLE WATERS will be enforced from 10 a.m. on Elizabeth City, NC in the Federal September 3, 2005 to 10 p.m. on I 1. The authority citation for part 100 Register (70 FR 37066). No letters were September 4, 2005. If the event continues to read as follows: received commenting on the proposed concludes prior to the scheduled rule. No public meeting was requested, Authority: 33 U.S.C. 1233, Department of termination time, the Coast Guard will and none was held. Homeland Security Delegation No. 0170.1. cease enforcement of the special local Under 5 U.S.C. 553(d)(3), the Coast I 2. Add temporary § 100.35–T11–037 regulations and will announce that fact Guard finds that good cause exists for to read as follows: via Broadcast Notice to Mariners. making this rule effective less than 30
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52306 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
days after publication in the Federal the Department of Homeland Security minimum speed necessary to maintain a Register. Delaying the effective date (DHS). safe course that minimizes wake near would be contrary to the public interest, We expect the economic impact of the race course. The Patrol Commander since immediate action is needed to this temporary final rule to be so will allow non-participating vessels to ensure the safety of the event minimal that a full Regulatory transit the event area between races. participants, spectator craft and other Evaluation under the regulatory policies Before the enforcement period, we will vessels transiting the event area. and procedures of DHS is unnecessary. issue maritime advisories so mariners However, advance notifications will be Although this regulation prevents can adjust their plans accordingly. made to mariners via marine traffic from transiting a portion of the Assistance for Small Entities information broadcasts, local radio Pasquotank River during the event, the stations and area newspapers. effect of this regulation will not be Under section 213(a) of the Small significant due to the limited duration Business Regulatory Enforcement Background and Purpose that the regulated area will be in effect Fairness Act of 1996 (Pub. L. 104–121), On September 23, 24 and 25, 2005, and the extensive advance notifications we offered to assist small entities in the American Power Boat Association/ that will be made to the maritime understanding the rule so that they Super Boats International will sponsor community via marine information could better evaluate its effects on them the ‘‘Elizabeth City Jaycee Offshore broadcasts, local radio stations and area and participate in the rulemaking Grand Prix’’, on the waters of the newspapers so mariners can adjust their process. If the rule would affect your Pasquotank River at Elizabeth City, plans accordingly. Additionally, the small business, organization, or North Carolina. The event will consist regulated area has been narrowly governmental jurisdiction and you have of approximately 40 offshore power tailored to impose the least impact on questions concerning its provisions or boats participating in high-speed general navigation yet provide the level options for compliance, please contact competitive races, to be conducted in of safety deemed necessary. Vessel the address listed under ADDRESSES. traffic will be able to transit the heats, traveling counter-clockwise Small businesses may send comments regulated area between heats, when the around an oval racecourse. A fleet of on the actions of Federal employees Coast Guard Patrol Commander deems it approximately 250 spectator vessels is who enforce, or otherwise determine is safe to do so. expected to gather near the event site to compliance with, Federal regulations to view the competition. To provide for the Small Entities the Small Business and Agriculture safety of participants, spectators and Under the Regulatory Flexibility Act Regulatory Enforcement Ombudsman other transiting vessels, the Coast Guard (5 U.S.C. 601–612), we have considered and the Regional Small Business will temporarily restrict vessel traffic in whether this rule would have a Regulatory Fairness Boards. The the event area during the races. significant economic impact on a Ombudsman evaluates these actions Discussion of Rule substantial number of small entities. annually and rates each agency’s The term ‘‘small entities’’ comprises responsiveness to small business. If you The Coast Guard is establishing small businesses, not-for-profit wish to comment on actions by temporary special local regulations on organizations that are independently employees of the Coast Guard, call specified waters of the Pasquotank owned and operated and are not 1–888–REG–FAIR (1–888–734–3247). River. The temporary special local dominant in their fields, and Collection of Information regulations will be enforced from 7:30 governmental jurisdictions with a.m. to 6:30 p.m. on September 23, 24 populations of less than 50,000. This rule calls for no new collection and 25, 2005. The effect of the The Coast Guard certifies under 5 of information under the Paperwork temporary special local regulations will U.S.C. 605(b) that this rule will not have Reduction Act of 1995 (44 U.S.C. 3501– be to restrict general navigation in the a significant economic impact on a 3520). regulated area during the races. Except substantial number of small entities. Federalism for persons or vessels authorized by the This rule will affect the following Coast Guard Patrol Commander, no entities, some of which may be small A rule has implications for federalism person or vessel may enter or remain in entities: The owners or operators of under Executive Order 13132, the regulated area. Non-participating vessels intending to transit this section Federalism, if it has a substantial direct vessels will be allowed to transit the of the Pasquotank River during the effect on State or local governments and regulated area between races, when the event. would either preempt State law or Coast Guard Patrol Commander This rule will not have a significant impose a substantial direct cost of determines it is safe to do so. These economic impact on a substantial compliance on them. We have analyzed regulations are needed to control vessel number of small entities for the this rule under that Order and have traffic during the event to enhance the following reasons. This rule will be in determined that it does not have safety of participants, spectators and effect for only a short period, from 7:30 implications for federalism. transiting vessels. a.m. to 6:30 p.m. on September 23, 24, Unfunded Mandates Reform Act Regulatory Evaluation and 25, 2005. Although the regulated area will apply to a 4 mile segment of The Unfunded Mandates Reform Act This rule is not a ‘‘significant the Intracoastal Waterway channel of 1995 (2 U.S.C. 1531–1538) requires regulatory action’’ under section 3(f) of south of the Elizabeth City Draw Bridge Federal agencies to assess the effects of Executive Order 12866, Regulatory to Pasquotank River Light ‘‘5A’’ (LLN their discretionary regulatory actions. In Planning and Review, and does not 31420), traffic may be allowed to pass particular, the Act addresses actions require an assessment of potential costs through the regulated area with the that may result in the expenditure by a and benefits under section 6(a)(3) of that permission of the Coast Guard Patrol State, local, or tribal government, in the Order. The Office of Management and Commander. In the case where the aggregate, or by the private sector of Budget has not reviewed it under that Patrol Commander authorizes passage $100,000,000 or more in any one year. Order. It is not ‘‘significant’’ under the through the regulated area during the Though this rule will not result in such regulatory policies and procedures of event, vessels shall proceed at the an expenditure, we do discuss the
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52307
effects of this rule elsewhere in this standards would be inconsistent with Point at latitude 36°15′52″ N, longitude preamble. applicable law or otherwise impractical. 076°09′22″ W, thence to latitude Voluntary consensus standards are 36°17′18″ N, longitude 076°08′47″ W, Taking of Private Property technical standards (e.g., specifications and bounded on the west by the This rule will not effect a taking of of materials, performance, design, or Elizabeth City Draw Bridge. All private property or otherwise have operation; test methods; sampling coordinates reference Datum NAD 1983. taking implications under Executive procedures; and related management (b) Definitions. (1) Coast Guard Patrol Order 12630, Governmental Actions and systems practices) that are developed or Commander means a commissioned, Interference with Constitutionally adopted by voluntary consensus warrant, or petty officer of the Coast Protected Property Rights. standards bodies. Guard who has been designated by the This rule does not use technical Civil Justice Reform Commander, Coast Guard Sector North standards. Therefore, we did not Carolina. This rule meets applicable standards consider the use of voluntary consensus (2) Official Patrol means any vessel in sections 3(a) and 3(b)(2) of Executive standards. assigned or approved by Commander, Order 12988, Civil Justice Reform, to Environment Coast Guard Sector North Carolina with minimize litigation, eliminate a commissioned, warrant, or petty ambiguity, and reduce burden. We have analyzed this rule under officer on board and displaying a Coast Commandant Instruction M16475.1D, Protection of Children Guard ensign. which guides the Coast Guard in (c) Special local regulations. (1) We have analyzed this rule under complying with the National Except for persons or vessels authorized Executive Order 13045, Protection of Environmental Policy Act of 1969 by the Coast Guard Patrol Commander, Children from Environmental Health (NEPA) (42 U.S.C. 4321–4370f), and no person or vessel may enter or remain Risks and Safety Risks. This rule is not have concluded that there are no factors in the regulated area. an economically significant rule and in this case that would limit the use of (2) The operator of any vessel in the will not create an environmental risk to a categorical exclusion under section regulated area must: health or risk to safety that may 2.B.2 of the Instruction. Therefore, this (i) Stop the vessel immediately when disproportionately affect children. rule is categorically excluded, under directed to do so by any Official Patrol Indian Tribal Governments figure 2–1, paragraph (34)(h), of the and then proceed only as directed. Instruction, from further environmental (ii) All persons and vessels shall This rule does not have tribal documentation. Special local comply with the instructions of the implications under Executive Order regulations issued in conjunction with a Official Patrol. 13175, Consultation and Coordination regatta or marine parade permit are (iii) The operator of a vessel in the with Indian Tribal Governments, specifically excluded from further regulated area shall stop the vessel because it does not have a substantial analysis and documentation under those immediately when instructed to do so and direct effect on one or more Indian sections. Under figure 2–1, paragraph by the Official Patrol and then proceed tribes, on the relationship between the (34)(h), of the Instruction, an as directed. When authorized to transit Federal Government and Indian tribes, ‘‘Environmental Analysis Check List’’ the regulated area, all vessels shall or on the distribution of power and and a ‘‘Categorical Exclusion proceed at the minimum speed responsibilities between the Federal Determination’’ are not required for this necessary to maintain a safe course that Government and Indian tribes. rule. minimizes wake near the race course. Energy Effects List of Subjects in 33 CFR Part 100 (d) Enforcement period. This section will be enforced from 7:30 a.m. to 6:30 We have analyzed this rule under Marine safety, Navigation (water), p.m. on September 23, 24 and 25, 2005. Executive Order 13211, Actions Reporting and recordkeeping Concerning Regulations That requirements, Waterways. Dated: August 22, 2005. Significantly Affect Energy Supply, I For the reasons discussed in the S.H. Ratti, Distribution, or Use. We have preamble, the Coast Guard amends 33 Captain, U.S. Coast Guard, Commander, Fifth determined that it is not a ‘‘significant CFR part 100 as follows: Coast Guard District, Acting. energy action’’ under that order because [FR Doc. 05–17469 Filed 9–1–05; 8:45 am] it is not a ‘‘significant regulatory action’’ PART 100—SAFETY OF LIFE ON BILLING CODE 4910–15–P under Executive Order 12866 and is not NAVIGABLE WATERS likely to have a significant adverse effect I 1. The authority citation for part 100 on the supply, distribution, or use of DEPARTMENT OF HOMELAND continues to read as follows: energy. The Administrator of the Office SECURITY of Information and Regulatory Affairs Authority: 33 U.S.C. 1233, Department of has not designated it as a significant Homeland Security Delegation No. 0170.1. Coast Guard energy action. Therefore, it does not I 2. From September 23, 2005 to require a Statement of Energy Effects September 25, 2005 add a temporary 33 CFR Part 117 under Executive Order 13211. § 100.35–T05–005 to read as follows: [CGD01–05–082] Technical Standards § 100.35–T05–005, Pasquotank River, The National Technology Transfer Elizabeth City, NC. Drawbridge Operation Regulations; and Advancement Act (NTTAA) (15 (a) Regulated area. The regulated area Newtown Creek, Dutch Kills, English U.S.C. 272 note) directs agencies to use is established for the waters of the Kills and Their Tributaries, New York voluntary consensus standards in their Pasquotank River, adjacent to Elizabeth City, NY regulatory activities unless the agency City, NC, from shoreline to shoreline, AGENCY: Coast Guard, DHS. provides Congress, through the Office of bounded on the east by a line running ACTION: Notice of temporary deviation Management and Budget, with an northerly from a point near the from regulations. explanation of why using these shoreline in the vicinity of Brickhouse
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52308 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
SUMMARY: The Commander, First Coast DEPARTMENT OF HOMELAND notice and comment procedures were Guard District, has issued a temporary SECURITY followed, this rule would not become deviation from the drawbridge operation effective until after the dates of the regulations for the Metropolitan Avenue Coast Guard events. For this reason, following Bridge, mile 3.4, across English Kills at normal rulemaking procedures in this New York City, New York. Under this 33 CFR Part 165 case would be impracticable and temporary deviation the bridge may [CGD13–05–027] contrary to the public interest. remain in the closed position from RIN 1625–AA00 Background and Purpose September 1, 2005 through September 30, 2005. This temporary deviation is Safety Zones: Fireworks Displays in The Coast Guard is establishing necessary to facilitate bridge the Captain of the Port Portland Zone temporary safety zones to allow for safe maintenance. fireworks displays. All events occur AGENCY: Coast Guard, DHS. within the Captain of the Port, Portland, DATES: This deviation is effective from ACTION: Temporary final rule; change of OR, Area of Responsibility (AOR). These September 1, 2005 through September effective period. events may result in a number of vessels 30, 2005. SUMMARY: The Coast Guard is changing congregating near fireworks launching ADDRESSES: Materials referred to in this the effective periods of the safety zones barges and sites. The safety zones are document are available for inspection or on the waters of the Columbia River, needed to protect watercraft and their copying at Commander (obr), First Coast located in the Area of Responsibility occupants from safety hazards Guard District, 1 South Street, Battery (AOR) of the Captain of the Port, associated with fireworks displays. This Park Building, New York, NY 10004 Portland, Oregon, during fireworks safety zone will be enforced by between 8 a.m. and 4 p.m., Monday displays. The Captain of the Port, representatives of the Captain of the through Friday, except Federal holidays. Portland, Oregon, is taking this action to Port, Portland, Oregon. The Captain of The telephone number is 212–668– safeguard watercraft and their occupants the Port may be assisted by other 7165. Commander (obr), First Coast from safety hazards associated with Federal and local agencies. these displays. Entry into these safety Guard District, maintains the public Discussion of Rule docket for this temporary deviation. zones is prohibited unless authorized by the Captain of the Port. This rule, for safety concerns, will FOR FURTHER INFORMATION CONTACT: Judy DATES: The new effective period of rule control vessels, personnel and Leung-Yee, Project Officer, First Coast § 165.T13–009 is from 9:30 p.m. to 11 individual movements in a regulated Guard District, at (212) 668–7195. p.m. on August 27, 2005 and from 9:30 area surrounding the fireworks event SUPPLEMENTARY INFORMATION: The p.m. to 11 p.m. on September 10, 2005. indicated in section 2 of this Temporary Metropolitan Avenue Bridge has a ADDRESSES: Documents indicated in this Final Rule. Entry into these zones is vertical clearance in the closed position preamble as being available in the prohibited unless authorized by the of 10 feet at mean high water and 15 feet docket are part of docket (CGD13–05– Captain of the Port, Portland or his at mean low water. The existing 027) and are available for inspection or designated representative. Captain of drawbridge operation regulations are copying at the U.S. Coast Guard Sector the Port, Portland, Oregon, will enforce listed at 33 CFR 117.801(e). Portland, 6767 N. Basin Ave, Portland, these safety zones. The Captain of the Oregon 97217 between 7 a.m. and 4 The owner of the bridge, New York Port may be assisted by other Federal p.m., Monday through Friday, except and local agencies. City Department of Transportation Federal holidays. (NYCDOT), requested a temporary FOR FURTHER INFORMATION CONTACT: Regulatory Evaluation deviation from the drawbridge operation Petty Officer Charity Keuter, c/o Captain This rule is not a ‘‘significant regulations to facilitate rehabilitation of the Port, Portland 6767 N. Basin regulatory action’’ under section 3(f) of repairs of the bridge. The bridge must Avenue, Portland, Oregon 97217, (503) Executive Order 12866, Regulatory remain in the closed position to perform 240–9301. Planning and Review, and does not these repairs. SUPPLEMENTARY INFORMATION: require an assessment of potential costs Under this temporary deviation the Regulatory Information and benefits under section 6(a)(3) of that NYCDOT Metropolitan Avenue Bridge Order. The Office of Management and may remain in the closed position from We did not publish a notice of proposed rulemaking (NPRM) for this Budget has not reviewed this rule under September 1, 2005 through September that Order. This rule is not ‘‘significant’’ 30, 2005. regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast Guard finds under the regulatory policies and This deviation from the operating that good cause exists for not publishing procedures of the Department of regulations is authorized under 33 CFR an NPRM and for making this rule Homeland Security (DHS). The Coast 117.35, and will be performed with all effective less than 30 days after Guard expects the economic impact of due speed in order to return the bridge publication in the Federal Register. this proposal to be so minimal that a full to normal operation as soon as possible. Publishing a NPRM would be contrary Regulatory Evaluation under paragraph Dated: August 26, 2005. to public interest since immediate 10e of the regulatory policies and action is necessary to ensure the safety procedures act of DHS is unnecessary. Gary Kassof, of vessels and spectators gathering in This expectation is based on the fact Bridge Program Manager, First Coast Guard the vicinity of the various fireworks that the regulated areas established by District. launching barges and displays. These the proposed regulation will encompass [FR Doc. 05–17511 Filed 9–1–05; 8:45 am] events were originally scheduled for small portions of the Columbia and BILLING CODE 4910–15–U dates that the sponsor deemed necessary Willamette Rivers in the Portland AOR to change and gave the Coast Guard on different dates, all in the evening short notice of the change and if normal when vessel traffic is low.
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52309
Small Entities Reduction Act of 1995 (44 U.S.C. 3501– Concerning Regulations That Under the Regulatory Flexibility Act 3520). Significantly Affect Energy Supply, Distribution, or Use. We have (5 U.S.C. 601–612), we have considered Federalism whether this rule would have a determined that it is not a ‘‘significant A rule has implications for federalism energy action’’ under that order because significant economic impact on a under Executive Order 13132, substantial number of small entities. it is not a ‘‘significant regulatory action’’ Federalism, if it has a substantial direct under Executive Order 12866 and is not The term ‘‘small entities’’ comprises effect on State or local governments and small businesses, not-for-profit likely to have a significant adverse effect would either preempt State law or on the supply, distribution, or use of organizations that are independently impose a substantial direct cost of owned and operated and are not energy. It has not been designated by the compliance on them. We have analyzed Administrator of the Office of dominant in their fields, and this rule under that Order and have governmental jurisdictions with Information and Regulatory Affairs as a determined that it does not have significant energy action. Therefore, it populations of less than 50,000. implications for federalism. This Coast Guard certifies under 5 does not require a Statement of Energy U.S.C. 605(b) that this rule will not have Unfunded Mandates Reform Act Effects under Executive Order 13211. a significant economic impact on a The Unfunded Mandates Reform Act Technical Standards substantial number of small entities. of 1995 (2 U.S.C. 1531–1538) requires This rule will affect the following Federal agencies to assess the effects of The National Technology Transfer entities, some of which may be small their discretionary regulatory actions. In and Advancement Act (NTTAA) (15 entities: the owners or operators of particular, the Act addresses actions U.S.C. 272 note) directs agencies to use vessels intending to transit a portion of that may result in the expenditure by voluntary consensus standards in their the Willamette and Columbia Rivers State, local, or tribal government, in the regulatory activities unless the agency during the times mentioned in section aggregate, or the private sector of provides Congress, through the Office of 2(a)(1–4) at the conclusion of this rule. $100,000,000 or more in any one year. Management and Budget, with an These safety zones will not have Though this rule will not result in such explanation of why using these significant economic impact on a expenditure, we do discuss the effects of standards would be inconsistent with substantial number of small entities for this rule elsewhere in this preamble. applicable law or otherwise impractical. the following reasons. This rule will be Voluntary consensus standards are Taking of Private Property in effect for only ninety minutes during technical standards (e.g., specifications the evenings when vessel traffic is low. This rule will not affect a taking of of materials, performance, design, or Traffic will be allowed to pass through private property or otherwise have operation; test methods; sampling the zone with the permission of the taking implications under Executive procedures; and related management Captain of the Port or his designated Order 12630, Governmental Actions and systems practices) that are developed or representatives on scene, if safe to do so. Interference with Constitutionally adopted by voluntary consensus Protected Property Rights. standards bodies. Assistance for Small Entities Civil Justice Reform This rule does not use technical Under section 213(a) of the Small standards. Therefore, we did not Business Regulatory Enforcement This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive consider the use of voluntary consensus Fairness Act of 1996 (Pub. L. 104–121), standards. we want to assist small entities in Order 12988, Civil Justice Reform, to understanding the rule so that they can minimize litigation, eliminate Environment better evaluate its effects on them and ambiguity, and reduce burden. We have analyzed this rule under participate in the rulemaking process. If Protection of Children the rule will affect your small business, Commandant Instruction M16475.1D, We have analyzed this rule under which guides the Coast Guard in organization, or governmental Executive Order 13045, Protection of jurisdiction and you have questions complying with the National Children from Environmental Health Environmental Policy Act of 1969 concerning its provisions or options for Risks and Safety Risks. This rule is not compliance, please contact the person (NEPA) (42 U.S.C. 4321–4370f), and an economically significant rule and have concluded that there are no factors listed in the FOR FURTHER INFORMATION does not create an environmental risk to CONTACT section. Small businesses may in this case that would limit the use of health or risk to safety that may a categorical exclusion under section send comments on the actions of disproportionately affect children. Federal employees who enforce, or 2.B.2 of the Instruction. Therefore, this otherwise determine compliance with Indian Tribal Governments rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Federal regulations to the Small This rule does not have tribal Instruction, from further environmental Business and Agriculture Regulatory implications under Executive Order documentation. This rule establishes Enforcement Ombudsman and the 13175, Consultation and Coordination safety zones which have a duration of Regional Small Business Regulatory with Indian tribal governments, because no more than two hours each. Due to the Fairness Boards. The Ombudsman it does not have a substantial direct temporary safety zones being less than evaluates these actions annually and effect on one or more Indian tribes, on one week in duration, an Environmental rates each agency’s responsiveness to the relationship between the federal Checklist and Categorical Exclusion is small business. If you wish to comment government and Indian tribes, or on the not required. on actions by employees of the Coast distribution of power and Guard, call 1–888–REG–FAIR (1–888– responsibilities between the Federal List of Subjects in 33 CFR Part 165 734–3247). government and Indian tribes. Harbors, Marine safety, Navigation Collection of Information Energy Effects (water), Reporting and recordkeeping This rule calls for no new collection We have analyzed this rule under requirements, Security measures, of information under the Paperwork Executive Order 13211, Actions Waterways.
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52310 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
I For the reasons discussed in the gametes, and sport-hunted trophies of movements into Libya and Algeria preamble, the Coast Guard amends 33 these three species, this rule authorizes during times of good rainfall. In the CFR Part 165 as follows: certain otherwise prohibited activities IUCN/SSC Antelope Specialist Group’s that enhance the propagation or survival Global Survey of Antelopes, the addax is PART 165—REGULATED NAVIGATION of the species. International trade in considered to be ‘‘regionally extinct’’ AREAS AND LIMITED ACCESS AREAS specimens of these species will (Mallon and Kingswood 2001). The addax is listed as critically endangered I 1. The authority citation for Part 165 continue to be subject to the Convention by IUCN (IUCN 2003) and probably continues to read as follows: on International Trade in Endangered Species of Wild Fauna and Flora numbers fewer than 600 in the wild Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. (CITES). We have also prepared a final (Noble 2002). Chapter 701; 50 U.S.C. 191, 195; 33 CFR Environmental Assessment with a The dama gazelle is able to utilize 1.05–1(g), 6.04–1, 6.04–6 and 160.5; Pub. L. Finding of No Significant Impact for this both semi-desert and desert habitats, 107–295, 116 Stat. 2064; Department of and is smaller than the scimitar-horned Homeland Security Delegation No. 0170.1. final rule under regulations implementing the National oryx or addax. Of the three antelope I 2. Amend temporary § 165.T13–009 Environmental Policy Act of 1969 species, the dama gazelle is the least by revising paragraphs (a)(1)(ii) and (NEPA). susceptible to pressures from humans and livestock. The original cause of its (a)(2)(ii) to read as follows: DATES: This rule is effective October 3, decline was uncontrolled killing; § 165.T13–009 Safety Zones: Fireworks 2005. however, habitat loss through human displays in the Captain of the Port Portland ADDRESSES: The complete supporting settlement and livestock grazing, in Zone. file for this rule is available for public addition to civil unrest, has more (a) * * * inspection, by appointment, during recently contributed to the decline. It is (1) * * * normal business hours at the Division of estimated that only small numbers (i) * * * Scientific Authority, U.S. Fish and survive in most of the eight countries (ii) Enforcement time and date. 9:30 Wildlife Service, 4401 N. Fairfax Drive, within its historical range. The dama p.m. to 11 p.m. on August 27, 2005. Room 750, Arlington, Virginia 22203. gazelle has declined rapidly over the (2) * * * SUPPLEMENTARY INFORMATION: last 20 years, with recent estimates of (i) * * * Background fewer than 700 in the wild. Noble (2002) (ii) Enforcement time and date. 9:30 estimated that the wild population of p.m. to 11 p.m. on September 10, 2005. Historically, the scimitar-horned oryx addra gazelle (G. dama ruficollis) is * * * * * (Oryx dammah), addax (Addax fewer than 200 specimens, the wild nasomaculatus), and dama gazelle Dated: August 23, 2005. population of dama gazelle (G. dama (Gazella dama) occupied the same dama) is about 500 specimens, and the Patrick G. Gerrity, general region of North Africa. Wild mhorr gazelle (G. dama mhorr) is Captain, U.S. Coast Guard, Captain of the numbers of the three antelopes have extinct in the wild. The dama gazelle Port, Portland, OR. declined drastically over the past 50 was previously extirpated from Senegal, [FR Doc. 05–17473 Filed 9–1–05; 8:45 am] years. The scimitar-horned oryx may but has since been reintroduced, and in BILLING CODE 4910–15–P now be extinct in the wild. The declines 1997, at least 25 animals existed there have resulted primarily from habitat as part of a semi-captive breeding loss, uncontrolled killing, and the program (IUCN 2003). The IUCN lists all DEPARTMENT OF THE INTERIOR inadequacy of existing regulatory subspecies of dama gazelles as mechanisms. endangered. Fish and Wildlife Service Of the three antelope species, the Captive breeding in the United States scimitar-horned oryx is the most has enhanced the propagation or 50 CFR Part 17 threatened with extinction. By the mid- survival of the scimitar-horned oryx, 1980s, it was estimated that only a few RIN 1018–AT95 addax, and dama gazelle worldwide by hundred were left in the wild, with the rescuing these species from near Endangered and Threatened Wildlife only viable populations known to be in extinction and providing the founder and Plants; Exclusion of U.S. Captive- Chad. However, no sightings of this stock necessary for reintroduction. The Bred Scimitar-Horned Oryx, Addax, species in the wild have been reported scimitar-horned oryx is possibly extinct and Dama Gazelle From Certain since the late 1980s, and the 2003 Red in the wild; therefore, but for captive Prohibitions List of Threatened Species shows the breeding, the species might be extinct. status of the scimitar-horned oryx as Addax and dama gazelle occur in very AGENCY: Fish and Wildlife Service, ‘‘extinct in the wild’’ (World low numbers in the wild, and a Interior. Conservation Union [IUCN] 2003). significant percentage of remaining ACTION: Final rule. Captive-bred specimens of this antelope specimens survive only in captivity have been placed into large fenced areas (71% and 48%, respectively). Captive- SUMMARY: We, the U.S. Fish and for breeding in Morocco and Tunisia. breeding programs operated by zoos and Wildlife Service (Service), are amending Once animals are reintroduced, private ranches have effectively the regulations promulgated under the continuous natural breeding is increased the numbers of these animals Endangered Species Act (Act) (16 U.S.C. anticipated so that wild populations while genetically managing their herds 1531 et seq.) to add new regulations to will be re-established. (Mallon and Kingswood 2001). Threats govern certain activities with U.S. It is believed that the addax was that have reduced these species’ captive-bred scimitar-horned oryx (Oryx extirpated from Tunisia during the numbers to current levels in the wild dammah), addax (Addax 1930s, and the last animals were killed continue throughout most of the historic nasomaculatus), and dama gazelle in Libya and Algeria in 1966 and 1970, range. As future opportunities arise for (Gazella dama), which have been listed respectively. Remnant populations may reintroduction in the antelope range as endangered. For U.S. captive-bred still exist in the remote desert areas of countries, captive-breeding programs live wildlife, including embryos and Chad, Niger, and Mali, with occasional will be able to provide genetically
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52311
diverse and otherwise suitable reviewer noted that 100% of the world’s signers are included); of these, 96 were specimens. scimitar-horned oryx (including the form letters. Organizations that opposed Some U.S. captive-breeding facilities reintroduced herds that are in enclosed the rule included the Animal Protection allow sport hunting of surplus captive- areas), 71% of the addax, and 48% of Institute, Defenders of Wildlife, and The bred animals. Sport hunting of surplus the dama gazelles are in captive herds. Humane Society of the United States (in captive-bred animals generates revenue In response to these comments, on joint comments representing 22 that supports these captive-breeding February 1, 2005 (70 FR 5117), we organizations), and TRAFFIC North operations and may relieve hunting announced a proposed rule and notice America. A law firm provided a more pressure on wild populations. For of availability of a draft environmental detailed legal commentary on behalf of further information regarding assessment to add new regulations The Humane Society of the United background biological information, under the Act to govern certain States and Defenders of Wildlife. The factors affecting the species, and activities with U.S. captive-bred Environmental Law Clinical Partnership conservation measures available to scimitar-horned oryx, addax, and dama submitted comments on behalf of the scimitar-horned oryx, addax, and dama gazelle, should they become listed as Center for Biological Diversity and gazelle, please refer to the November 5, endangered. The proposed rule covered Friends of Animals. The vast majority of 1991; July 24, 2003; February 1, 2005; U.S. captive-bred live wildlife, the form letters critical of the proposed and today’s Federal Register documents including embryos and gametes, and rule were the result of a press release discussed below. sport-hunted trophies, and would issued by Friends of Animals on March Previous Federal Action authorize certain otherwise prohibited 8, 2005. All of these comments included activities that enhance the propagation a request to list the three antelope The Mhorr gazelle and Rio de Oro or survival of the species. The species as endangered wherever they dama gazelle (G. d. lozanoi) were listed ‘‘otherwise prohibited activities’’ were occur and not to include an exemption as endangered throughout their ranges take; export or re-import; delivery, for U.S. ranches. on June 2, 1970 (35 FR 8495). A receipt, carrying, transport or shipment The following is a summary of the proposed rule to list all scimitar-horned in interstate or foreign commerce, in the oryx, addax, and dama gazelle as substantive comments and our course of a commercial activity; or sale responses. We have included the endangered in the List of Threatened or offering for sale in interstate or and Endangered Wildlife [50 CFR ‘‘talking points’’ included in the form foreign commerce. In the proposed rule, letters. We also received comments that 17.11(h)] was published on November 5, we found that the scimitar-horned oryx, 1991 (56 FR 56491). We re-opened the were outside the rule’s scope. However, addax, and dama gazelle are dependent responses to some of these comments comment period to request current on captive breeding and activities information and comments from the are included where doing so will help associated with captive breeding for clarify the purpose of the rule. public regarding the proposed rule on their conservation, and that activities Issue 1: Although supportive of the July 24, 2003 (68 FR 43706), and associated with captive breeding within proposed rule, several commenters November 26, 2003 (68 FR 66395). the United States enhance the suggested broadening the scope of the Stakeholders and interested parties, propagation or survival of these species. rule to cover all captive-bred animals including the public, governmental Comments were accepted until April 4, from species listed under the agencies, the scientific community, 2005. industry, and the range countries of the Endangered Species Act, wherever they species, were requested to submit Summary of Comments and occur. They also requested that we comments or information. In accordance Recommendations provide an exemption for all parts and with the Interagency Cooperative Policy In response to the proposed rule and products from a sport-hunted specimen, for Peer Review in Endangered Species notice of availability of a draft including meat and fur. Act Activities published on July 1, 1994 Environmental Assessment, the Service Service Response 1: This rule covers (59 FR 34270), we selected three received 181 comments from the public. only U.S. captive-bred scimitar-horned appropriate independent specialists to Forty-two commenters expressed oryx, addax, and dama gazelle based on review the proposed rule. The purpose support for the proposed rule; these information regarding the conservation of such peer review is to ensure that our commenters included several nonprofit needs and the role of captive breeding listing decisions for these species are organizations and private individuals. for these particular species. We have based on scientifically sound data, Twenty-five letters of support were exempted only specimens of these three assumptions, and analysis. The variations of a single form letter. species captive-bred in the United reviewers selected have considerable Organizations in support of the rule States because an important part of the knowledge and field experience with were the American Zoo and Aquarium rule is the requirement that any person scimitar-horned oryx, addax, and dama Association (AZA), Conservation Force participating in these activities maintain gazelle biology and conservation. (on behalf of over 10 hunting and records and make these records Comments were received from all of the taxidermy organizations), the Exotic available to Service officials upon peer reviewers. After review of public Wildlife Association, Safari Club request. It is difficult to establish a comments, we prepared a final rule International, and the Texas Wildlife record-keeping system for captive- listing the three species as endangered. Association. The form letter stated that breeding operations outside the United The final listing rule is being published the present situation in which ranchers States and even more difficult to access in the Federal Register concurrent with raise and trade these antelopes benefits records kept outside the United States. this final rule regarding U.S. captive- species conservation, as well as In addition, we have limited ability to bred specimens. ranchers and hunters. It argued that monitor captive-breeding operations A consistent theme among the ranchers will not be able to contribute located outside the United States, and comments received from peer reviewers to antelope conservation if they are we do not have sufficient information and stakeholders on the proposed rule ‘‘restricted or penalized’’ for raising and on operations outside the United States to list these species as endangered is the managing these species. to determine whether they meet the vital role of captive breeding in the There were 139 commenters who standards for enhancement of conservation of these species. One opposed the proposed rule (153 if co- propagation or survival of the species.
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52312 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
We have limited the rule to captive- and that this usage is inconsistent with wildlife sanctuary in the United Arab bred live wildlife, including embryos the definition of this term in the Emirates, where they will be bred to and gametes, and sport-hunted trophies applicable regulations. produce specimens for eventual release because live wildlife, embryos, and Service Response 3: We agree that in the historic range. The commenter gametes are essential to propagation and captive-held animals may not qualify as added that the Conservation Committee sport-hunted trophies. The sport-hunted populations as defined at 50 CFR 17.3 of the Exotic Wildlife Association is trophy includes more than the mounted and have changed the rule accordingly. developing a feasibility study to specimen. It may be raw or tanned parts, Issue 4: Some commenters argued that determine how ranchers can best such as bones, hair, head, hide, hooves, the Service has failed to show how these contribute specimens to reintroduction horns, meat, skull, rug, taxidermied captive-breeding operations meet the programs. Between October 2003 and head, shoulder, or full body mount, of standards for the enhancement of March 2005, the U.S. Fish and Wildlife a specimen that was taken by the hunter propagation or survival under section 10 Service’s Division of Management during a sport hunt for personal use. It of the Act and failed to explain how the Authority issued CITES permits for the does not include articles made from a Service’s approach will benefit wild export of U.S. captive-bred scimitar- trophy, such as worked, manufactured, populations. One commenter argued horned oryx (45 specimens), addax (90 or handicraft items for use as clothing, that the Service offered no support for specimens), and dama gazelle (70 curios, ornamentation, jewelry, or other its statement that hunting of captive- specimens) to the United Arab Emirates utilitarian items for commercial bred animals relieves pressure on wild for captive breeding. Most of these purposes. populations. specimens were captive-bred on U.S. Issue 2: Some commenters suggested Service Response 4: The rule ranches. that the rule should include criteria for discusses how authorizing these We do not know when or to what approving individual captive-breeding activities for U.S. captive-breeding degree any particular ranch will be operations to receive the benefits of the operations enhances the propagation of called upon to provide specimens for rule. Some commenters suggested these species by providing an incentive reintroduction efforts or research including criteria for managing culls on to continue to raise animals in captivity necessary to facilitate such programs. ranches, requiring that all profits from while managing their genetic diversity, However, their continued breeding of ex situ activities be used for in situ serving as repositories for surplus these species, and their monitoring and conservation, and that the regulated animals, and facilitating the movement maintaining genetic diversity, will operations must participate in of specimens between breeding ensure that specimens will be available conservation plans to establish wild facilities. We found that authorizing when the appropriate conditions for populations in the range countries. these activities also enhances the reintroduction exist in range countries. Service Response 2: The successful survival of the species by providing an As one commenter pointed out, other breeding of these three species in incentive to continue captive-breeding species that are captive-bred on U.S. captivity in the United States has added and genetic management programs, ranches, such as Grevy’s zebra and significantly to the global populations of which have (in conjunction with foreign blackbuck, have been used in research these species. Persons may operate captive-breeding operations) prevented and reintroduction projects. under the provisions of the rule only if the possible extinction of at least one of Issue 6: Several commenters indicated the purpose of their activity is the species, contributed significantly to that conservation resulting from ranches associated with the transfer of live the total number of remaining animals that allow sport hunting is not wildlife, including embryos and of the other two species, and provided comparable to zoo-based conservation gametes, or with sport hunting in a founder stock for reintroduction. programs. They also noted that the AZA manner that contributes to increasing or As explained in the proposed rule, acquisition—disposition policy sustaining captive numbers or to providing opportunities for sport prohibits AZA institutions from potential reintroduction to range hunting of captive-bred wildlife may supplying animals to or receiving them countries. The rule also requires that relieve pressure on wild populations of from ranches that allow hunting of those each person claiming the benefit of the the species by providing an alternative species. Thus, they argue that few exception maintain accurate written to legal and illegal hunting of animals ranches can cooperate with zoo records of activities, including births, in the wild. programs. deaths, and transfers of specimens, and Issue 5: The majority of commenters Service Response 6: Both zoos and make those records accessible to Service opposing the proposed rule stated that ranches may breed and otherwise officials. In the final rule we have added captive-bred specimens from U.S. contribute to the conservation of these two criteria that will ensure that any ranches do not contribute to species, whether or not there is captive-breeding facility operating reintroduction efforts in range countries, collaboration. We acknowledge that under the rule is managing the species nor are specimens from U.S. ranches some ranches breed these species and to ensure genetic integrity and diversity. needed for these efforts. do not allow hunting of them, whereas With these criteria, we have Service Response 5: In our proposed others do. However, we have found that determined that U.S. operations that rule, we mentioned that 30 founder ranches that meet the regulatory criteria, maintain captive-bred specimens of lines of scimitar-horned oryx are whether or not they allow sport hunting these three species contribute to the represented on at least one ranch that of the three antelopes, enhance the enhancement of the propagation or works closely with the Scimitar-horned propagation or survival of these species. survival of these species, as required Oryx Species Survival Plan (SSP). The According to several commenters, many under section 10(a)(1)(A) of the Act and SSP has provided specimens for ranches, whether offering sport hunts or 50 CFR 17.22(a)(2). Therefore, the reintroduction programs in range not, have provided research requirements in the rule are adequate countries, and the ranch will contribute opportunities to study these species in and appropriate for these species. specimens when needed. Indeed, one partnership with academic institutions. Issue 3: One commenter noted that commenter noted that he recently Issue 7: Some commenters contended the proposed rule referred to shipped 44 dama gazelles, 32 addax, that hunting on U.S. ranches may ‘‘populations’’ of captive-bred scimitar- and 10 scimitar-horned oryx that were undermine the conservation of wild horned oryx, dama gazelle, and addax, captive-bred on U.S. ranches to a private specimens by increasing the demand for
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52313
trophies or creating incentives for illegal monitored to ensure their survival. The hampered by the application of current trade. amount of secure habitat for Act regulatory systems to captive- Service Response 7: There is no reintroductions is also a factor limiting breeding operations. evidence that sport hunting of captive- the numbers of animals that can be Service Response 12: The Act does bred animals increases poaching of released. In our proposed rule, we stated not require a particular regulatory these species in the wild. Sport hunting that some killing of surplus specimens system be used to implement the Act. of these species has been occurring on may be necessary to manage captive Rather, the Act requires that authorized ranches in the U.S. for more than 20 herds (e.g., to reduce aggression among activities must meet standards for years. There is no evidence that the males) and to finance captive-breeding enhancing the propagation or survival of availability of captive-bred animals to operations. In addition, the United the species. We have found that the trophy hunters has contributed in any States does not have the jurisdiction to regulatory framework established for the way to hunting pressure on these direct another country in regard to when three antelope meets these standards species in the wild. Furthermore, the it should accept animals and when it and is the best management scheme to United States and range-country should release them to the wild. encourage continued captive breeding governments, as well as most countries Issue 10: One commenter asserted that and management of these species. worldwide, are required to strictly the Service cannot propose any Similar regulations, the captive-bred regulate trade in these species because exemptions or permits for a species wildlife regulations at 50 CFR 17.21(g), the scimitar-horned oryx, addax, and under the Act until the species is have been used as a basis for developing dama gazelle are listed in Appendix I of actually listed under the Act; in doing this rule. However, the current CITES. Listing in CITES Appendix I so, they argue, the Service has violated regulations do not cover species for requires strict regulation of international its consultation responsibilities under which sport hunting is an integral part movement of these species, which may section 7 of the Act. of management of the species, and they only be authorized in ‘‘exceptional Service Response 10: It was critical do not provide an authorization for the circumstances.’’ With the listing of these that development of a rule that provides interstate and foreign commerce of three antelopes as endangered under the an incentive to continue captive sport-hunted trophies. Thus, the Act, the regulatory protections will be breeding of these species proceed movement of sport-hunted trophies further strengthened, not reduced, concurrently with the determination of taken for management purposes would because both CITES and Act regulations their legal status under the Act to ensure be limited unless an Act permit or will apply. Sport hunting of surplus that no breeding programs would be authorization had been granted. Not animals from captive-breeding disrupted by a final listing requiring each person to apply for a operations in the United States is determination. This final rule has permit or authorization prior to anticipated to reduce the incentive for therefore been released concurrently engaging in these activities provides an removal of wild animals in their range with the final listing determination to important incentive to these operations countries by providing an alternative ensure there is no confusion regarding to continue their captive-breeding and source of specimens. the authority of the Service to regulate management programs. Issue 8: One commenter stated that such activities for these species. There Issue 13: One commenter argued that ranches that breed specimens select for is no limitation under either the Act or the Service does not have the authority trophy quality, which may reduce the Administrative Procedure Act for under the Act to propose this rule for an genetic fitness. related proposed rulemakings to endangered species. Service Response 8: We know that 30 proceed concurrently to the final rule Service Response 13: As explained founder lines of scimitar-horned oryx stage. above, captive-breeding operations are represented on at least one ranch After considering all of the effects that within the United States that meet the that works closely with the Scimitar- would be posed by the proposed rule, criteria established by this rule meet the horned Oryx SSP. We have received no we determined that the measures standards for both enhancing the indication in the literature or from included in the final rule would reduce propagation and enhancing the survival commenters indicating that breeding the threat of extinction to the species by of these three species, as shown by the programs on ranches have caused a loss facilitating captive breeding. Therefore, findings for each of the criteria found at in overall genetic variation in U.S. no conference procedure under section 50 CFR 17.22(a)(2). While the Service captive-bred antelopes. In addition, we 7(a)(4) of the Act is required. typically authorizes activities under have added criteria to the final rule that Issue 11: One commenter believed section 10(a)(1)(A) of the Act on a case- will prevent hybridization of species or that the proposed rule would set a by-case basis through the issuance of subspecies and require that all precedent for legal hunting of listed individual permits or authorizations, specimens be managed in a manner that species in captivity. there is no requirement that we may do maintains genetic diversity. Service Response 11: We disagree. so only via this process. The Issue 9: One commenter suggested The development of this rule was requirements for notification and that surplus captive-bred specimens specific to these three species and opportunity for public comment under from ranches should be relocated, not included consideration of specific section 10(c) and publication of final killed. threats, specific conservation needs, and determinations under section 10(d) have Service Response 9: Although the benefits of captive breeding to all been satisfied through this rulemaking thousands of these animals have been three species. In no way should the process. produced in captivity, the number of development of this regulation for these Issue 14: A few commenters asserted animals released into the wild has been species under the Act be interpreted as that any regulatory scheme that limited. Reintroduction programs a statement of what regulatory scheme facilitates killing of animals as cannot absorb the entire production of would be appropriate for other listed contributing to conservation is not captive-breeding operations for species also found in captivity within supported by the law except under logistical reasons and because the United States. extremely narrow circumstances. reintroductions—for almost any Issue 12: One commenter argued that Service Response 14: Section 10 of the mammal—are limited to small groups of we did not establish how conservation Act does not set absolute limits on the animals that can be conditioned and efforts for the species would be Service’s ability to authorize the taking
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52314 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
of an endangered species. In fact, the contributions of hunters. The proposed under the Act. The issuance or denial of section specifically states that the rule authorizes the taking of individual such permits or authorizations is Secretary may authorize any act animals, but only if the purpose of the decided on a case-by-case basis and otherwise prohibited under section 9, taking contributes to increasing or only after all required findings have which includes take. Take includes to sustaining captive antelope numbers or been made. The rule contains provisions harass, harm, pursue, hunt, shoot, to potential reintroduction to range that will allow the Service to monitor wound, kill, trap, capture, or collect an countries. This approach to the activities being carried out by endangered species, or attempt to management has caused captive-bred captive-breeding operations within the engage in any such conduct (see section specimens to proliferate, thus United States to ensure that these 3(19) of the Act). Section 10(a)(1)(A) contributing to their propagation and activities continue to provide a benefit does require that any authorized activity increasing their chances of survival. to the three antelope species. The rule must enhance the propagation or also does not include dead specimens Contribution of Captive Breeding to survival of the species overall. An other than sport-hunted trophies or Species Propagation or Survival example of when take of a listed species specimens derived from activities that benefits conservation is our regulation A peer reviewer of the proposed rule do not meet the criteria. on the import of sport-hunted African for listing the three antelope species as The probable positive direct and elephant (Loxodonta africana) trophies. endangered noted that 100% of the indirect effects of facilitating captive The African elephant is listed as world’s scimitar-horned oryx breeding in the United States for the threatened under the Act. The import of population (including the reintroduced conservation of scimitar-horned oryx, sport-hunted trophies from African specimens that are in enclosed areas), addax, and dama gazelle are countries is only allowed when certain 71% of the addax population, and 48% exemplified in the research and criteria are met, including that ‘‘a of the dama gazelle population are in reintroduction efforts involving the determination is made that the killing of captive herds. Captive-breeding AZA and the Sahelo-Saharan Interest the animal whose trophy is intended for programs operated by zoos and private Group (SSIG) of the United Nations import would enhance survival of the ranches have effectively increased the Environment Program. In North species’’ [50 CFR 17.40 (e)(3)(iii)(C)]. number of these animals while America, the AZA manages captive When evaluating a hunting program in genetically managing their herds. scimitar-horned oryx, addax, and dama an African country, Service biologists International studbook keepers and gazelle through SSPs. The captive consider whether revenue derived from managers of the species in captivity scimitar-horned oryx in North America the hunt is used to further elephant manage these programs in a manner that and Europe are derived from two conservation. These funds have been maintains the captive specimens as a captures that occurred in Chad in 1963 used to support anti-poaching activities demographically and genetically diverse and 1966. Members of the Scimitar- and establish game management areas megapopulation (Mallon and horned Oryx SSP are faced with three with important elephant habitat. Kingswood 2001). In the 1980s and challenges (Antelope Taxon Advisory Issue 15: One commenter opposed the 1990s, captive-breeding operations in Group 2002b): They must manage the rule because it would deny Act Germany, the United Kingdom, and the captive herds to maximize the genetic protection to most members of the three United States provided scimitar-horned contributions of founder stock; second, species. oryx, addax, and dama gazelle to Bou- they must find solutions for disposition Service Response 15: This rule does Hedma National Park in Tunisia of surplus animals given the limited not deny Act protection to most (Mallon and Kingswood 2001). These holding space among SSP members; and members of the three species. All of the animals have become the founding stock third, they must find facilities that can prohibitions under section 9 apply to all of captive in situ herds that have grown house individual males or bachelor animals in the wild. These same substantially since 1995. The IUCN herds. Only through inter-institutional prohibitions also apply to any animal Species Survival Commission has collaboration among members, such as captive-bred outside the United States. proposed that some of the antelopes the exchange of live specimens or This regulation applies only to members produced be used to establish other gametes to maintain genetic diversity, of the species that were captive-bred captive-breeding operations within the can these challenges be surmounted. In within the United States. The comments range countries or, given the appropriate one example, 30 founder lines are that noted that many of the animals conditions in the wild, for represented at 1 ranch that works found in captivity are located in the reintroduction. Similar in situ breeding closely with the SSP. Since typical oryx United States support the Service’s programs for future reintroduction are herds consist of 1 male and 10–30 determination that U.S. captive- occurring in Senegal and Morocco with females, there will always be a need to breeding operations have played a captive stock produced and provided by manage nonbreeding males. Although significant role in the propagation or breeding operations outside of these the SSP consists mostly of AZA- survival of all three species and that a countries. accredited zoos, ranches can serve as regulatory scheme that facilitates the This rule does not authorize or lead repositories for surplus animals or assist continuation of these activities is to the removal of any specimen of the in gene pool management. These appropriate for the species. three species from the wild. This rule partnerships also provide opportunities Issue 16: Many commenters opposed would not affect prohibitions against for behavioral and other research in the rule because of their philosophical possession and other acts with spacious areas found in some zoos and opposition to trophy hunting or hunting unlawfully taken wildlife or ranches that can be used in forming and in general. Others expressed concerns importation. This rule only applies to preparing groups of animals for regarding ‘‘canned hunts.’’ specimens that are captive bred in the reintroduction. Service Response 16: Hunting has a United States. Any person who wishes Members of the Addax SSP have also long history of contributing to to engage in any act that is prohibited been involved in translocating animals conservation in the United States. The under the Endangered Species Act with for captive breeding and release in Service acknowledges that wildlife a specimen that has not been captive Tunisia and Morocco. Animals held by populations and habitats have been bred in the United States will still need members of the SSP are included in an sustained through the financial to obtain a permit or authorization international studbook for this species
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52315
that includes addaxes in zoos and involved in in situ and ex situ the scimitar-horned oryx, addax, and private facilities worldwide (Antelope conservation efforts for the scimitar- dama gazelle. They also recognize that, Taxon Advisory Group 2002a). The horned oryx, addax, and dama gazelle. but for captive breeding, it would be dama gazelle North American studbook Several of its projects involve the difficult, or in some cases impossible, to also includes zoos and ranch translocation of captive-bred antelopes restore the species in the wild, participants worldwide. Some of the to range countries for establishment of particularly for species that have specimens bred in zoos originated from herds in large fenced breeding areas become extinct in the wild. ranched stock (Metzler 2000). prior to reintroduction. A commenter on One way this rule will reduce the Both zoos and ranches may breed and the proposed rule noted that the threat of extinction is by allowing otherwise contribute to the conservation Conservation Committee of the Exotic of these species, whether or not there is Wildlife Association is developing a limited sport hunting of U.S. captive- collaboration. According to several feasibility study to determine how bred specimens to facilitate captive commenters on the proposed regulation, ranchers can best contribute specimens breeding of all three species. Given the many ranches, whether offering hunts or to reintroduction programs. cost of establishing and maintaining a not, have provided research The rule does not directly or large captive breeding operation and the opportunities to study these species in indirectly conflict with any known large amount of land that is required to partnership with academic institutions. program intended to enhance the maintain bachelor herds or surplus A commenter on the proposed survival probabilities of the three animals, it is difficult for many private regulation noted that he recently antelope species. The SSP and SSIG landowners to participate in such shipped 44 dama gazelles, 32 addax, programs work collaboratively with endeavors. An incentive to facilitate and 10 scimitar-horned oryx that were range country scientists and these captive breeding operations and captive-bred on U.S. ranches to a private governments. Although the rule does ensure that genetically viable herds are wildlife sanctuary in the United Arab not authorize or lead to the removal of available for future reintroduction Emirates, where they will be bred to any specimen of the three species from programs is to allow the limited hunting produce specimens for eventual release the wild, it may contribute to other of captive-bred specimens. Most of the in the historic range. We note that programs by providing founder stock for available land for captive-held between October 2003 and March 2005, reintroduction or research. specimens is owned by private the U.S. Fish and Wildlife Service’s This rule will reduce the threat of landowners (ranchers). In Texas, the Division of Management Authority extinction facing the scimitar-horned number of ranched scimitar-horned oryx issued CITES permits for the export of oryx, addax, and dama gazelle by went from 32 specimens in 1979 to U.S. captive-bred scimitar-horned oryx facilitating captive breeding for all three 2,145 in 1996; addax increased from 2 (45 specimens), addax (90 specimens), species in the United States. Based on specimens in 1971 to 1,824 in 1996; and and dama gazelle (70 specimens) to the information available to the Service, dama gazelle increased from 9 United Arab Emirates for captive captive breeding in the United States specimens in 1979 to 369 in 2003 breeding. Most of these specimens were has contributed significantly to the (Mungall 2004). These increases were captive-bred on U.S. ranches. We do not conservation of these species. Scimitar- due mostly to captive breeding at the know when or to what degree any horned oryx may be extinct in the wild; ranches supplemented with some particular ranch will be called upon to therefore, but for captive breeding, the imported captive-bred founder stock. provide specimens for reintroduction species might be extinct. Addax and Limited hunting of captive-bred efforts or research necessary to facilitate dama gazelle occur in very low numbers specimens facilitated these increases by such programs. However, their in the wild and a significant percentage generating revenue for herd continued breeding of these species, and of remaining specimens survive only management and the operation of the their monitoring and maintaining through captivity (71% and 48% facility. Ranches also need to manage genetic diversity, will ensure that respectively). Threats that have reduced herds demographically (i.e., appropriate specimens will be available when the the species’ populations to current appropriate conditions for levels in the wild continue throughout age and gender numbers and ratios) and reintroduction exist in range countries. most of the historic range. As future genetically (i.e., maximize genetic We are not aware of any negative opportunities arise for reintroduction in diversity). Such management may direct or indirect effects from this rule the antelope range countries, captive- include culling specimens, which may on wild populations. This rule does not breeding programs will be able to be accomplished through hunting. For authorize or lead to the removal of any provide genetically diverse and example, a ranch may need to reduce specimen of the three species from the otherwise suitable specimens. Ranches the number of adult males to achieve wild. Indeed, many facilities in the and large captive-wildlife parks for non- the necessary sex ratio for establishing United States that breed these species native herds (e.g., Bamberger Ranch, a polygamous breeding group and are working with range countries to Texas; The Wilds, Ohio; Fossil Rim facilitating the typical breeding behavior breed and reintroduce specimens in Wildlife Center, Texas) are able to of the species. Hunting also provides an areas that they have occupied provide large areas of land that simulate economic incentive for private historically. In 2000, the SSIG was the species’ native habitat and can landowners such as ranchers to formed as a consortium of individuals accommodate a larger number of continue to breed these species and and organizations interested in specimens than can most urban zoos. maintain them as a genetic reservoir for conserving Sahelo-Saharan antelopes Thus, they provide opportunities for future reintroduction or research, and as and their ecosystems (SSIG 2002). The research, breeding, and preparing a repository for excess males from other SSIG has members representing 17 antelopes for eventual reintroduction. captive herds. Sport hunting of U.S. countries and shares information on International consortia of zoos, captive-bred specimens may reduce the wildlife management and conservation, private owners, researchers, and range threat of extinction of wild populations captive breeding, wildlife health and country decision makers have by providing an alternative to legal and husbandry, establishment and acknowledged the need to reduce illegal hunting of wild specimens in management of protected areas, and threats in the range countries (e.g., range countries. Thus, hunting of U.S. wildlife survey methods. Members are habitat protection, reduce poaching) of captive-bred specimens of these species
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52316 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
reduces the threat of the species’ resources among participants of Endangered Species Act 10(d) Finding extinction. coordinated breeding programs as The Service may grant exceptions The movement of live U.S. captive- specimens are moved from one facility under subsections (a)(1)(A) and (b) of bred specimens, both by interstate to another according to management the Act only if it finds and publishes the transport and export, is critical to the recommendations. As indicated by the findings in the Federal Register that (1) captive-breeding efforts to manage the Scimitar-horned Oryx SSP, one of the such exceptions were applied for in captive herds as well as provide animals major issues confronting the captive- good faith, (2) if granted and exercised for reintroduction. Between October breeding community is how to preserve will not operate to the disadvantage of 2003 and March 2005, CITES permits the necessary genetic diversity and such endangered species, and (3) will be were issued for the export of U.S. manage population surplus, particularly consistent with the purposes and policy captive-bred scimitar-horned oryx (45 given the space limitations at some set forth in section 2 of the Act. Based specimens), addax (90 specimens), and facilities. Some private ranches in the on the comments received from captive- dama gazelle (70 specimens). Studbook United States have contributed to the breeding operation representatives managers may recommend that success of captive-breeding programs by demonstrating their commitment to the specimens be exchanged among absorbing the surplus specimens continued enhancement of the breeding institutions to achieve produced in zoos so that zoos can management goals for genetic or other propagation and survival of the utilize available space for more scimitar-horned oryx, addax, and dama reasons. These institutions may be genetically important specimens or the separated by State (within the United gazelle, we find that the exceptions in appropriate herd social structure. this rule have been applied for in good States) or national boundaries. Zoos in Ranches have also enlarged the captive Germany, for example, exchange faith. populations because they are able to We also find that the rule will not specimens with zoos in the United dedicate more space to these species, operate to the disadvantage of these States, as recommended by the and therefore house more specimens, species. In fact, it will benefit them by International Studbook Keeper. The than can zoos. need to quickly move U.S. captive-bred assisting in their rescue from near Based on the best available scientific specimens among breeding facilities is extinction and providing the founder information and comments received reflected in this rule by allowing such stock necessary for reintroduction. The from peer reviewers, non-government movement without requiring a separate scimitar-horned oryx is possibly extinct organizations, and the public, we have ESA permit or authorization. in the wild and therefore, but for captive The opinions or views of scientists or determined that U.S. operations that breeding, the species might be extinct. other persons or organizations having breed scimitar-horned oryx, addax, and For addax and dama gazelle, they occur expertise concerning these species have dama gazelle have already contributed in very low numbers in the wild, and a been taken into account in this rule. The significantly to the propagation or significant percentage of remaining comments received from peer reviewers survival of the three antelope species. specimens survive only in captivity on our proposed rule for listing the Because of the need to facilitate the (71% and 48%, respectively). Captive- three antelopes as endangered alerted us continued captive breeding of these breeding programs operated by zoos and to the vital role that captive breeding, species in private ranches and zoos, this private ranches have effectively whether at zoos or ranches, is playing in rule is an appropriate regulatory increased the numbers of these animals species recovery and reintroduction. management provision for scimitar- while genetically managing their herds. Comments on the proposed new horned oryx, addax, and dama gazelle As future opportunities arise for regulation provided some information. captive-bred in the United States. The reintroduction in the antelope range More general comments are addressed probable direct and indirect effects of countries, U.S. captive-breeding in the summary of comments. Thus, the this rule will facilitate activities programs will be able to provide opinions or views of scientists or other associated with captive breeding and genetically diverse and otherwise persons or organizations having thus contribute to the propagation and suitable specimens. expertise concerning the three antelope survival of the species. The rule will Section 2 of the Act defines the species and other germane matters have not, directly or indirectly, conflict with purpose of the Act as providing a means been considered in the development of any known program intended to whereby the ecosystems upon which this rule. enhance the survival of populations in endangered species and threatened The U.S. expertise, facilities, and the wild. By maintaining genetic species depend may be conserved, other resources available to captive- diversity and providing captive-bred providing a program for the breeding operations have resulted in stock for reintroduction efforts and conservation of such endangered such a high level of breeding success research, captive-breeding operations in species and threatened species, and that the SSIG estimated that there are the United States are reducing the threat taking such steps as may be appropriate 4,000–5,000 scimitar-horned oryx, 1,500 of extinction of the three antelope to achieve the purposes of the treaties addax, and 750 dama gazelle in species. The rule facilitates the and conventions set forth in paragraph captivity worldwide, many of which are functioning of conservation programs, 2(a) of the Act. One of the stated held in the United States. The U.S. including those organized by the AZA policies of the Act is for all federal specimens have resulted from very few and SSIG, and encourages the breeding agencies to seek to conserve listed wild-caught founders that have been and management of these antelopes. In species and use their authorities in carefully managed to increase the fact, the rule provides an incentive to furtherance of the purposes of the Act. numbers of specimens and maintain continue captive breeding. Therefore, In section 3, the term ‘‘conservation’’ genetic diversity. Husbandry methods we find that authorizing certain means ‘‘to use and the use of all are shared by participants in regional otherwise prohibited activities for U.S. methods and procedures which are and international studbooks through captive-bred live wildlife, including necessary to bring any endangered specialist meetings such as the Antelope embryos and gametes, and sport-hunted species or threatened species to the Taxon Advisory Group meeting held at trophies of the three species that meet point at which the measures provided the AZA Annual Meeting. Such specific criteria enhances the pursuant to this Act are no longer cooperation allows the sharing of propagation and survival of the species. necessary.’’ The definition specifically
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52317
includes propagation and species may do so without obtaining an ‘‘significant’’ under the following transplantation as methods that can lead individual Endangered Species Act required determinations. to the recovery of listed species, both of permit. Regulatory Planning and Review which are components of captive This rule does not authorize any breeding of the three antelope species. activity for any specimen of the three In accordance with the criteria in As discussed above, the rule provides species from the wild. It also does not Executive Order 12866, the Office of incentive to U.S. captive-breeding affect provisions relating to importation Management and Budget has operations that will ensure continued or possession and other acts with determined that this rule is not a propagation of genetically diverse unlawfully taken wildlife. In addition, significant regulatory action. The rule specimens of these three species, which this rule applies only to specimens that will not have an annual economic can serve as a reservoir for future are captive-bred in the United States. impact of more than $100 million, or reintroductions and assist in research. Any person who wishes to engage in significantly affect any economic sector, Therefore, we find that this rule is any act that is prohibited under the productivity, jobs, the environment, or consistent with section 2 of the Act. Endangered Species Act with a other units of government. This rule specimen that has not been captive-bred will reduce the regulatory impacts on Description of This Rule in the United States or from a facility captive-breeding operations that breed We are amending 50 CFR 17.21 by that does not meet the criteria of this the endangered scimitar-horned oryx, adding a new paragraph (h), which will rule will need to obtain an individual addax, and dama gazelle because it apply to U.S. captive-bred scimitar- permit under the Act. The issuance or provides exemptions to certain horned oryx, addax, and dama gazelle. denial of such permits is decided on a prohibitions of section 9 of the Act that The provision allows for the take; export case-by-case basis and only after all would otherwise apply to businesses or re-import; delivery, receipt, carrying, required findings have been made. and individuals under U.S. jurisdiction. transport or shipment in interstate or This rule does not affect the CITES The exemptions to the prohibitions of foreign commerce, in the course of a requirements for these species. the Act provided by this rule will commercial activity; or sale or offering Therefore, any import into or export reduce economic costs of the listing. for sale in interstate or foreign from the United States of specimens of The economic effect of the rule is a commerce of U.S. captive-bred live these species would not be authorized benefit to the captive-breeding scimitar-horned oryx, addax, or dama until all CITES requirements have been operations for the three antelopes gazelle, including embryos and gametes, met. See the proposed rule for more because it allows the take and interstate and sport-hunted trophies, as long as information on the application of CITES commerce of captive-bred specimens. certain criteria are met. to these activities. The existing The rule, by itself, will not have an Any exports of such specimens must protections under CITES, in conjunction annual economic impact of more than meet the marking and reporting with the new provisions for the species $100 million, or significantly affect any requirements for export [50 CFR under this rule, create an appropriate economic sector, productivity, jobs, the 17.21(g)(4) and part 14], general permit regulatory framework that protects environment, or other units of requirements and conditions (50 CFR populations in the wild, ensures government. A cost-benefit and part 13), and all CITES requirements (50 appropriate management of U.S. economic analysis is not required. This CFR part 23). Each specimen to be re- captive-bred specimens, and provides rule does not create inconsistencies imported must be uniquely identified by an incentive for future captive breeding. with other Federal agencies’ actions. a tattoo or other means that is reported Thus, no Federal agency’s actions are Required Determinations on the required documentation. Each affected by this final rule. specimen at the captive-breeding A Record of Compliance was prepared This rule will not materially affect operation must be managed to prevent for the proposed rule. A Record of entitlements, grants, user fees, loan hybridization of species or subspecies Compliance certifies that a rulemaking programs, or the rights and obligations and must be managed in a manner that action complies with the various of their recipients. The rule will not maintains genetic diversity. statutory, Executive Order, and raise novel legal or policy issues. The Each person claiming the benefit of Department Manual requirements Service has previously promulgated the exception of this rule must maintain applicable to rulemaking. Without this species-specific rules for other accurate written records of activities, new regulation, individuals subject to endangered and threatened species, including births, deaths, and transfers of the jurisdiction of the United States including other rules for captive-bred specimens, and make those records would need individual permits to specimens. accessible to Service officials for engage in various otherwise prohibited Regulatory Flexibility Act inspection at reasonable hours set forth activities, including domestic and in 50 CFR 13.46 and 13.47. international trade in live and sport- To assess the effects of the rule on hunted captive-bred specimens for small entities, we focused on the exotic Effects of This Rule commercial purposes. Captive-bred wildlife ranching community in the With this rule we find that the specimens in international trade for United States because these are the scimitar-horned oryx, addax, and dama noncommercial purposes (e.g., breeding entities most likely to be affected by the gazelle are dependent on captive loans requiring export) would have to be rule. We determined that this rule will breeding and activities associated with authorized through the permit process. not have a significant economic effect captive breeding for their conservation, This process takes time, sometimes on a substantial number of small entities and that activities associated with causing delays in moving animals for as defined under the Regulatory captive breeding within the United breeding or reintroduction. Such Flexibility Act (5 U.S.C. 601 et seq.) States enhance the propagation and movements must often be completed because it allows for the continued survival of these species. Therefore, within a narrow timeframe and can be breeding of the species and trade in live persons who wish to engage in the further complicated by quarantine specimens, embryos, gametes, and specified otherwise prohibited activities requirements and other logistics. We sport-hunted trophies of the three that meet the criteria for enhancement note that the economic effects of this antelopes. An initial Regulatory of the propagation or survival of these rule do not rise to the level of Flexibility Analysis was not required.
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52318 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
Accordingly, a Small Entity Compliance unduly burden the judicial system and Antelope Specialist Group. IUCN, Gland, Guide was not required. This rule meets the requirements of sections 3(a) Switzerland and Cambridge, UK. Viii + 260 reduces the regulatory impact, because and 3(b)(2) of the Executive Order. pp. without this rule all prohibitions of Metzler, S. 2000. Addra Gazelle Gazella Paperwork Reduction Act dama ruficollis North American Regional section 9 of the Endangered Species Act The Office of Management and Budget Studbook: December 31, 1999 Update. would apply (i.e., take; export; delivery, Disney’s Animal Kingdom: Orlando, Florida. receipt, carrying, transport or shipment approved the information collection in Mungall, E.C. 2004. Submission for the in interstate or foreign commerce, in the part 17 and assigned OMB Control Comment Period Listing of Scimitar-horned course of a commercial activity; or sale Numbers 1018–0093 and 1018–0094. Oryx, Addax, and Dama Gazelle Under the or offering for sale in interstate or This rule does not impose new reporting Endangered Species Act: A Technical Report foreign commerce). or recordkeeping requirements on State Prepared for the Exotic Wildlife Association. or local governments, individuals, Noble, D. 2002. Overview and status of Small Business Regulatory Enforcement businesses, or organizations. We cannot captive antelope populations. Third Annual Fairness Act conduct or sponsor, and you are not Sahelo-Saharan Interest Group Meeting, p.41 This rule is not a major rule under 5 required to respond to, a collection of SSIG (Sahelo—Saharan Interest Group) 2002. Third Annual Sahelo—Saharan Interest U.S.C. 804(2), the Small Business information unless it displays a Group Meeting Proceedings. Available from Regulatory Enforcement Fairness Act. currently valid OMB control number. S. Monfort, Chair SSIG, National Zoological This rule would reduce certain National Environmental Policy Act Park. Smithsonian Institution: Washington, regulatory obligations and will not have DC. an annual effect on the economy of $100 Council on Environmental Quality million or more; will not cause a major regulations in 40 CFR 1501.3(b) state Author increase in costs or prices for that an agency ‘‘may prepare an The primary author of this notice is consumers, individual industries, environmental assessment on any action Robert R. Gabel, Chief, Division of Federal, State, or local government at any time in order to assist agency Scientific Authority, U.S. Fish and agencies, or geographic regions; and will planning and decision making.’’ We Wildlife Service (see ADDRESSES not have significant adverse effects on drafted an environmental assessment for section). the proposed rule in accordance with competition, employment, investment, List of Subjects in 50 CFR Part 17 productivity, innovation, or the ability the criteria of the National of U.S.-based enterprises to compete Environmental Policy Act of 1969 Endangered and threatened species, with foreign-based enterprises. (NEPA). A final environmental Exports, Imports, Reporting and assessment was prepared based on recordkeeping requirements, and Unfunded Mandates Reform Act comments received and a Finding of No Transportation. Significant Impact was prepared. In accordance with the Unfunded Regulation Promulgation Mandates Reform Act (2 U.S.C. 1501, et Government-to-Government I Accordingly, we hereby amend part seq.), this rule does not impose an Relationship With Tribes unfunded mandate on State, local, or 17 of subpart C, subchapter B of chapter tribal governments or the private sector In accordance with the President’s I, title 50 of the Code of Federal of more than $100 million per year. This memorandum of April 29, 1994, Regulations, as set forth below: final rule will not have a significant or ‘‘Government-to-Government Relations unique effect on State, local, or tribal with Native American Tribal PART 17—[AMENDED] Governments’’ (59 FR 22951) and 512 governments or the private sector. A I 1. The authority citation for part 17 DM 2, we have evaluated possible Small Government Agency Plan is not continues to read as follows: required. effects on Federally recognized Indian tribes and have determined that there Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Takings are no effects. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500; unless otherwise noted. In accordance with Executive Order Executive Order 13211 12630, this final rule does not have I 2. Amend § 17.21 by adding paragraph significant takings implications. By We have evaluated this final rule in (h) to read as follows: reducing the regulatory burden placed accordance with E.O. 13211 and have on affected individuals resulting from determined that this rule will have no § 17.21 Prohibitions. the listing of the three antelopes as effects on energy supply, distribution, or * * * * * endangered species, this rule will not use. Therefore, this action is not a (h) U.S. captive-bred scimitar-horned affect the likelihood of potential takings. significant energy action, and no oryx, addax, and dama gazelle. Affected individuals will have more Statement of Energy Effects is required. Notwithstanding paragraphs (b), (c), (e), freedom to pursue activities that involve References Cited and (f) of this section, any person subject to the jurisdiction of the United captive-bred specimens without first Antelope Taxon Advisory Group. 2002a. obtaining individual authorization. Addax Fact Sheet. American Zoo and States may take; export or re-import; Aquarium Association. http:// deliver, receive, carry, transport or ship Federalism www.csew.com/antelopetag. in interstate or foreign commerce, in the In accordance with Executive Order Antelope Taxon Advisory Group. 2002b. course of a commercial activity; or sell 13132, this final rule does not have Scimitar-Horned Oryx Fact Sheet. American or offer for sale in interstate or foreign sufficient federalism implications to Zoo and Aquarium Association. http:// commerce live wildlife, including warrant the preparation of a federalism www.csew.com/antelopetag. embryos and gametes, and sport-hunted IUCN (World Conservation Union). 2003. trophies of scimitar-horned oryx (Oryx assessment. 2003 IUCN Red List of Threatened Species. dammah), addax (Addax Civil Justice Reform http://www.iucn.org. Mallon, D.P., and S.C. Kingswood nasomaculatus), and dama gazelle In accordance with Executive Order (Compilers). 2001. Antelopes. Part 4: North (Gazella dama) provided: 12988, the Office of the Solicitor has Africa, the Middle East, and Asia. Global (1) The purpose of such activity is determined that this final rule does not Survey and Regional Action Plans. SSC associated with the management or
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52319
transfer of live wildlife, including DEPARTMENT OF THE INTERIOR (cm)] tall and weighs around 450 embryos and gametes, or sport hunting pounds [lb, 204 kilograms (kg)]. It is in a manner that contributes to Fish and Wildlife Service generally pale in color, but the neck and increasing or sustaining captive chest are dark reddish brown. As the numbers or to potential reintroduction 50 CFR Part 17 name suggests, adult animals possess a to range countries; RIN 1018–AI82 pair of horns curving back in an arc up to 50 in (127 cm) long. The scimitar- (2) The specimen was captive-bred, in Endangered and Threatened Wildlife horned oryx once had an extensive accordance with § 17.3, within the and Plants; Final Rule To List the range in North Africa throughout the United States; Scimitar-Horned Oryx, Addax, and semi-deserts and steppes north of the (3) All live specimens of that species Dama Gazelle as Endangered Sahara, from Morocco to Egypt. held by the captive-breeding operation The addax stands about 42 in (106 are managed in a manner that prevents AGENCY: Fish and Wildlife Service, cm) tall at the shoulder and weighs hybridization of the species or Interior. around 220 lb (100 kg). It is grayish subspecies. ACTION: Final rule. white and its horns twist in a spiral up to 43 in (109 cm) long. The addax once (4) All live specimens of that species SUMMARY: We, the U.S. Fish and occurred throughout the deserts and held by the captive-breeding operation Wildlife Service (Service), determine sub-deserts of North Africa, from the are managed in a manner that maintains endangered status for scimitar-horned Atlantic Ocean to the Nile River. genetic diversity. oryx (Oryx dammah), addax (Addax The dama gazelle stands about 39 in (5) Any export of or foreign commerce nasomaculatus), and dama gazelle (99 cm) tall at the shoulder and weighs in a specimen meets the requirements of (Gazella dama) throughout their ranges, around 160 lb (72 kg). The upper part paragraph (g)(4) of this section, as well pursuant to the Endangered Species Act of its body is mostly reddish brown, as parts 13, 14, and 23 of this chapter; of 1973, as amended (Act). The best whereas the head, rump, and underparts available information indicates that the are white. Its horns curve back and up, (6) Each specimen to be re-imported causes of decline of these antelopes are but reach a length of only about 17 in is uniquely identified by a tattoo or (1) habitat loss through desertification, (43 cm) long. The dama gazelle, the other means that is reported on the permanent human settlement, and largest of the gazelles, was once documentation required under competition with domestic livestock, common and widespread in arid and paragraph (h)(5) of this section; and and (2) regional military activity and semi-arid regions of the Sahara. (7) Each person claiming the benefit uncontrolled killing. These threats have Of the three antelope species, the of the exception of this paragraph (h) caused the possible extinction in the scimitar-horned oryx has been the most must maintain accurate written records wild of the scimitar-horned oryx and the susceptible to the threats it faced. In of activities, including births, deaths, near-extinction of the addax in the wild. Egypt, the species became extinct over a century ago (M. Riad, Minister of State and transfers of specimens, and make All three species are in danger of for Environmental Affairs, in litt., those records accessible to Service extinction throughout their ranges. Accordingly, we are listing these three August 2003). By the mid-1900s, officials for inspection at reasonable antelopes as endangered. intensive killing had extirpated the hours set forth in §§ 13.46 and 13.47 of scimitar-horned oryx from Morocco this chapter. DATES: This final rule is effective on October 3, 2005. (Fact sheet submitted to the Service by (8) The sport-hunted trophy consists M. Anechoum, Secretary General, ADDRESSES: The complete file for this Department of Waters and Forests in the of raw or tanned parts, such as bones, rule is available for inspection, by Campaign Against Desertification, hair, head, hide, hooves, horns, meat, appointment, during normal business Morocco, pers. com., September 2003). skull, rug, taxidermied head, shoulder, hours in the office of the Division of By the mid-1980s, it was estimated that or full body mount, of a specimen that Scientific Authority, U.S. Fish and only a few hundred were left in the was taken by the hunter during a sport Wildlife Service, 4401 North Fairfax wild, with the only viable populations hunt for personal use. It does not Drive, Room 750, Arlington, Virginia known to be in Chad. There have been include articles made from a trophy, 22203. no reported sightings of this species in such as worked, manufactured, or Requests for copies of the regulations the wild since the late 1980s. The World handicraft items for use as clothing, regarding listed wildlife and inquiries Conservation Union (IUCN) has curios, ornamentation, jewelry, or other about prohibitions and permits may be declared the species extinct in the wild addressed to: Division of Management utilitarian items for commercial (IUCN 2003). In 1983, it was listed in Authority, U.S. Fish and Wildlife purposes. Appendix I of the Convention on Service, 4401 North Fairfax Drive, Room Dated: August 25, 2005. International Trade in Endangered 700, Arlington, Virginia 22203 Species of Wild Fauna and Flora Paul Hoffman, (telephone, 703–358–2104; fax, 703– (CITES). Captive-bred specimens are Acting Assistant Secretary for Fish and 358–2281). Wildlife and Parks. being introduced into large fenced areas FOR FURTHER INFORMATION CONTACT: [FR Doc. 05–17432 Filed 9–1–05; 8:45 am] in Morocco and Tunisia, and these Robert R. Gabel, Chief, Division of animals may be released into the wild BILLING CODE 4310–55–P Scientific Authority, at the above when adequately protected habitat is address; by telephone, 703–358–1708; available (Antelope Taxon Advisory by fax, 703–358–2276; or by e-mail, Group 2002b). [email protected]. It is believed that the addax was SUPPLEMENTARY INFORMATION: extirpated from Tunisia during the 1930s, and the last animals were killed Background in Libya and Algeria in 1966 and 1970, The scimitar-horned oryx stands respectively. The last observation of about 47 inches [in, 119 centimeters addax in Egypt was in the 1970s (Riad,
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52320 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
in litt., August 2003), and in Morocco in and comments from the public on July community was uniformly against the 1963 (M. Anechoum, in litt., September 24, 2003 (68 FR 43706), and November proposed rule because listing the 2003). Remnant populations may still 26, 2003 (68 FR 66395). Stakeholders species would provide a disincentive to exist in the remote desert areas of Chad, and interested parties, including the continue captive breeding of these three Mali, and Niger, and occasionally move general public, governmental agencies, species on ranches. A major concern of north into Algeria and Libya during the scientific community, industry, and ranchers was the need to go through times of good rainfall. According to the the range countries of the species were potentially lengthy and cumbersome Antelope Specialist Group’s Global requested to submit comments or permit processes to continue their Survey of Antelopes, the addax is information. longstanding activities with these considered to be regionally extinct species, in accordance with the Summary of Comments and (Mallon and Kingwood 2001). The regulations at 50 CFR 17.21(g)(1). Recommendations addax is listed as critically endangered It would not be appropriate to list by IUCN (IUCN 2003) and probably We received a total of 56 comments, captive and wild animals separately. numbers fewer than 600 in the wild including multiple comments from the Indeed, in the case of the scimitar- (Noble 2002). In 1983, the addax was same stakeholders, during the three horned oryx, there are possibly no wild listed in Appendix I of CITES. As with public comment periods on the individuals. However, the Service may the scimitar-horned oryx, captive-bred proposed rule. Most of the comments authorize otherwise prohibited activities specimens are being introduced into (62.5%) were submitted by U.S. game that enhance the propagation or survival large fenced areas of protected habitat in ranchers. Zoos and zoo organizations of the species, such as captive breeding Morocco and Tunisia (Antelope Taxon submitted 8.9% of the comments. Other to increase the population size or Advisory Group 2002a). comments were received from improve the gene pool, under section The dama gazelle is able to utilize governments of range countries (7.1%), 10(a)(1)(A) of the Act. In response to both semi-desert and desert habitats. hunting organizations (7.1%), exotic these comments, on February 1, 2005 Although the dama gazelle is the least wildlife breeding organizations (5.4%), (70 FR 5117), we initiated a separate susceptible of the three antelopes to the general public (5.4%), and rulemaking by announcing a proposed pressures from humans and domestic international scientific organizations rule and notice of availability of a draft livestock, it has declined rapidly in the (3.6%). In accordance with the environmental assessment to add a new last 20 years, and only small numbers Interagency Cooperative Policy for Peer subsection, 17.21(h), to govern certain survive in most of the eight countries Review in Endangered Species Act activities with U.S. captive-bred within its historical range. Noble (2002) Activities published on July 1, 1994 (59 scimitar-horned oryx, addax, and dama estimated that the wild population of G. FR 34270), we selected three gazelle, should they become listed as dama ruficollis is fewer than 200 appropriate independent specialists to endangered. The proposed rule covered specimens, G. dama dama is about 500 review the proposed rule. The purpose U.S. captive-bred live specimens, specimens, and G. dama mhorr may be of such peer review is to ensure that embryos, gametes, and sport-hunted extinct in the wild. It was previously listing decisions are based on trophies and would authorize certain extirpated from Senegal, but has since scientifically sound data, assumptions, otherwise prohibited activities that been reintroduced, and in 1997, at least and analysis. The reviewers selected enhance the propagation or survival of 25 animals existed there as part of a have considerable knowledge and field the species. The ‘‘otherwise prohibited semi-captive breeding program (IUCN experience with scimitar-horned oryx, activities’’ were take; export or re- 2003). The dama gazelle, including all addax, and dama gazelle biology and import; delivery, receipt, carrying, subspecies, is listed as endangered by conservation. We received comments transport or shipment in interstate or IUCN (2003). The Mhorr gazelle may from all of the peer reviewers. foreign commerce, in the course of a only be found in captive collections or We also sent letters requesting commercial activity; or sale or offering reintroduced populations in large comments from the CITES Management for sale in interstate or foreign fenced enclosures within range and Scientific Authorities in the range commerce. In the proposed rule, we countries (Antelope Taxon Advisory countries, which include Algeria, Egypt, determined that the scimitar-horned Group 2002, IUCN 2003). In 1983, the Libya, Morocco, Tunisia, and the United oryx, addax, and dama gazelle are Mhorr gazelle was listed in CITES Arab Emirates. We received responses dependent on captive breeding and Appendix I. from Egypt and Morocco. activities associated with captive For additional population numbers The two range country governments breeding for their conservation, and that indicating global and regional declines that responded both supported the activities associated with captive of the three antelope species, see our proposed rule. The remaining breeding within the United States November 5, 1991, proposed rule (56 FR commenters expressed opposition only enhance the propagation or survival of 56491). to listing captive-bred specimens of these species. Comments were accepted these species as endangered. Previous Federal Action until April 4, 2005. The final rule is Specifically, peer reviewers and the zoo published in today’s Federal Register. The Mhorr gazelle and Rio de Oro community supported listing of wild No comments were submitted that dama gazelle (G. d. lozanoi) were listed specimens only for all three species, demonstrate that the three antelope as endangered throughout their ranges noting that the captive herds are species do not qualify as endangered on June 2, 1970 (35 FR 8495). On relatively robust. They advised that under the Act. November 5, 1991, we published in the captive-breeding operations should not Federal Register (56 FR 56491) a be impeded in their efforts to maintain Summary of Factors Affecting the proposed rule to list the scimitar-horned globally managed captive herds. Species oryx, addax, and dama gazelle as According to the information provided, Section 4(a)(1) of the Act (16 U.S.C. endangered in The List of Threatened the large captive herds of these species 1531 et seq.) and regulations and Endangered Species [50 CFR retain a substantial level of genetic promulgated to implement the listing 17.11(h)]. We re-opened the comment diversity and are able to serve as sources provisions of the Act (50 CFR part 424) period on the Novermber 5, 1991, of specimens for reintroduction, as set forth the procedures for determining proposed rule to request information needed. The exotic animal ranching whether any species is an endangered or
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52321
threatened species. A species may be Therefore, based on the best available Chad. By that period, however, the determined to be an endangered or information, we find that the scimitar- addax was becoming rare in some other threatened species on the basis of one or horned oryx, addax, and dama gazelle areas because of excessive killing. more of the five factors described in are in danger of extinction from the Thornback (1978) indicated that the last section 4(a)(1) of the Act. These factors present or threatened destruction, permanent populations of addax and their application to the three modification, or curtailment of their disappeared from Tunisia as early as antelopes are as follows: habitats or ranges. 1885, Egypt about 1970, northern Algeria in 1920–1922, Western Sahara A. Present or Threatened Destruction, B. Overutilization for Commercial, in 1942, and Libya in 1949. In the Modification, or Curtailment of Its Recreational, Scientific, or Educational 1970s, there were an estimated 2,500 Habitat or Range Purposes individuals in Chad, and also The ranges of all three species have Uncontrolled killing has contributed substantial numbers in southern been reduced as a result of habitat loss to the decline of all three species (IUCN Algeria, Mauritania, Mali, Niger, and (Antelope Taxon Advisory Group 2002, 2003, Mallon and Kingwood 2001). Sudan. Newby and Magin (1989) IUCN 2003, Mallon and Kingwood Traditional hunting methods—involving reported that the addax had disappeared 2001), which has occurred through spears, bows, nets, and dogs—had little almost throughout its original range. overgrazing by domestic livestock. overall effect on antelope populations. They also reported that a group of 50– Severe droughts have reduced large Rather, military and government 200 individuals in northeastern Niger areas of Sahelian and Saharan pasture, officials have inflicted the most might represent the last viable wild and traditional nomadism has declined devastating losses with access to off- population, but that a series of years in favor of permanent settlement and road vehicles and high-caliber with good rainfall in the late 1980s livestock rearing. The consequent weaponry. By the mid-1900s, intensive might have improved the situation. establishment of vast herds of domestic killing had exterminated the scimitar- More recently, Estes (1989) noted that livestock has led to competition for horned oryx in Morocco (M. Anechoum, there also were an estimated 200 forage, overgrazing, erosion, and in litt., September 2003). The addax animals still in Chad, fewer than 50 in accelerated desertification. Habitat loss population suffered its greatest Mali, and possibly a few in remote parts is also attributable to increased military reduction in numbers due to motorized of Algeria, Sudan, and Egypt. activity, construction, and mining in the uncontrolled killing following World An important new problem has been region, as well as the proliferation of all- War II (Antelope Taxon Advisory Group the arrival of non-resident hunters, terrain vehicles. See the November 5, 2002a). It is believed that the addax was mainly from other African countries and 1991, proposed rule for additional extirpated from Tunisia during the the Middle East. Traveling in large details on the causes of and 1930s, and the last animals were killed motorized caravans and equipped with geographical regions of decline. in Libya and Algeria in 1966 and 1970, automatic rifles, these parties have Habitat loss has been the main reason respectively. In 2001, an antelope ignored local laws and killed wildlife, for the possible extinction of scimitar- survey team observed many signs of including dama gazelle and addax, of horned oryx in the wild according to the recent antelope killing in Chad Algeria, Sudan, and Morocco, and more World Conservation Union (IUCN 2003). including abandoned carcasses, vehicle recently have concentrated their Reduction in habitat is also the major tracks, spent cartridges, and eyewitness attention in Mali and Niger (Newby threat to the addax. The decline of the reports. The most frequent killing was 1990). In Niger, killing of antelope is addax has closely paralleled that of the carried out by people with access to all- perpetrated by foreigners from the oryx. However, because the addax is terrain vehicles, such as the military, Arabian Gulf and military personnel. able to utilize waterless areas in the well-diggers, merchants, administrators, This may increase in the near future Sahara that are devoid of human and others (Monfort et al. 2001). when an airport is built in the region settlement and livestock, it has been Civil wars in Chad and Sudan in inhabited by antelope (Wacher et al. somewhat less affected than the oryx to particular have contributed to the 2003). habitat disturbance by humans and uncontrolled killing and harassment of The dama gazelle declined by half competition with domestic livestock the last large scimitar-horned oryx between 1991 and 2001, in part due to (Antelope Taxon Advisory Group populations (Antelope Taxon Advisory illegal killing (Mallon and Kingwood 2002a). Group 2002c). In the late 1970s, the 2001). See the November 5, 1991, Being able to utilize both semi-desert scimitar-horned oryx was estimated to proposed rule for additional details on and desert habitats the dama gazelle has number about 6,000 individuals, at least the overutilization for commercial, proved somewhat less susceptible to 5,000 of which were in Chad and the recreational, scientific, or educational habitat reduction and degradation than rest of which were split into separate purposes. the other two species. However, the groups in other countries. By the mid- Therefore, based on the best available dama gazelle is not as drought-resistant 1980s, there were only a few hundred information, we find that the scimitar- as the other two species. Thus, intensive left in the wild, with the only known horned oryx, addax, and dama gazelle drought coupled with overgrazing from viable groups being in Chad. However, are in danger of extinction from livestock can have an extreme impact on by 1989, only as many as 200 scimitar- overutilization for commercial, this species (Antelope Taxon Advisory horned oryx remained in Chad (Estes recreational, scientific, or educational Group 2002b). Noble (2002) estimates 1989). The same conflict that affected purposes. that the wild population of G. dama the scimitar-horned oryx continues to ruficollis is fewer than 200 specimens, affect the dama gazelle population C. Disease or Predation that of G. dama dama is about 500 (Antelope Taxon Advisory Group According to S. Monfort, Chair, specimens, and G. dama mhorr is 2002a). Sahelo—Saharan Interest Group (SSIG), extinct in the wild. The IUCN (2003) has According to Harper (1945), the range research veterinarian, National identified human-induced habitat loss of the addax extended throughout the Zoological Park, Smithsonian Institution and degradation as a major threat Saharan region in the 19th century. In (in litt., October 2003), disease and contributing to the IUCN classification the 1920s, the species was reported to predation do not represent a threat to of the dama gazelle as endangered. occur in ‘‘immense herds’’ north of Lake the survival of these three antelopes.
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52322 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
Based on the best available information, development of transboundary habitat and held for breeding and we find that the scimitar-horned oryx, protected areas (S. Monfort, in litt., eventual reintroduction. The founder addax, and dama gazelle are not in October 2003). stock was largely derived from captive- danger of extinction within the The United States and range-country breeding facilities. However, threats to foreseeable future from disease or governments, as well as most countries survival of the antelopes still occur predation. worldwide, are required to strictly outside of the fenced areas so regulate trade in these species because reintroduction into the wild has rarely D. Inadequacy of Existing Regulatory the scimitar-horned oryx, addax, and occurred. Mechanisms dama gazelle are listed in Appendix I of Because the remaining wild antelopes With the exceptions of Morocco, CITES. Listing in CITES Appendix I live in a harsh environment and are Senegal, and Tunisia, there is almost no requires strict regulation of international subject to severe natural pressures, they effective wildlife protection across the movement of these species, which may are especially vulnerable when adverse Sahelo-Saharan region (S. Monfort, in only be authorized in ‘‘exceptional human impacts compound the situation. litt., October 2003). Few areas are circumstances.’’ CITES provides some Human development projects that adequately protected due to limited protection, but these three species are include drilling water wells influence resources or lack of vigilance. In not threatened by trade. Thus, CITES is land-use patterns and increase the general, protected areas have no inadequate to prevent or reduce the human and domestic livestock conflict infrastructure or support to ensure threat of extinction for these species. with wildlife. For arid antelope species, protection of these species. Therefore, based on the best available this can result in increased direct (e.g., The Sahelo-Saharan range states have information, we find that the scimitar- killing) or indirect (e.g., grazing agreed to cooperate under the United horned oryx, addax, and dama gazelle competition) conflicts (S. Monfort, in Nations Environment Programme’s are in danger of extinction from litt., October 2003). In terms of natural Convention on Migratory Species inadequate existing regulatory pressures, Newby (1988) observed: ‘‘The (CMS). In 1994, the CMS adopted a mechanisms. effect of drought and desertification on resolution that recommended the E. Other Natural or Manmade Factors aridland wildlife in general, and on the development and the implementation of Oryx and Addax in particular, has been an Action Plan for the conservation of Captive breeding is a manmade factor catastrophic: fewer and smaller winter six ungulate species including the that has stemmed the decline of the pastures, rarefaction of dry-season scimitar-horned oryx, addax, and dama three species. It has provided the grazing, loss of shade and depletion of gazelle (UNEP/CMS 1999). founder stock necessary for vital sources of organic water. By the Comprehensive status reports of the reintroduction, maintenance of hot season, Oryx and Addax are species throughout the migration range otherwise potentially lost bloodlines, severely weakened, some die of hunger, based on the most recent surveys and and opportunities for research. The others of thirst. Reproduction is reports were compiled and an Action scimitar-horned oryx is possibly extinct disrupted or curtailed entirely; calves Plan was developed by experts from the in the wild and therefore, but for captive are aborted or abandoned at birth. In the Range States, neighboring countries, breeding, the species might be extinct. search for grazing, the wildlife is driven scientific institutions, and non- For addax and dama gazelle, they occur south prematurely and onto land governmental organizations. The Action in very low numbers in the wild, and a occupied by herders or farmers on the Plan for the conservation and significant percentage of remaining northern edge of the agricultural zone.’’ restoration of the Sahelo-Saharan specimens survive only in captivity Therefore, based on the best available antelopes and their habitats comprises (71% and 48%, respectively). The SSIG information, we find that the scimitar- the three following main objectives: 1. estimates that there are about 4,000– horned oryx, addax, and dama gazelle To restore range and numbers (conserve 5,000 scimitar-horned oryx, 1,500 are in danger of extinction from natural or restore potential habitats in areas of addax, and 750 dama gazelle in factors such as drought and manmade former occurrence, consolidate or captivity worldwide. Captive-breeding factors that result in habitat loss and reinforce populations, reintroduce programs operated by zoos and private uncontrolled killing. populations), 2. to reduce mortality ranches have effectively increased the (increase public awareness, census numbers of these animals while Conclusion populations, conserve relict habitats, genetically managing their herds. As In developing this rule, we have enact and enforce legislative measures, future opportunities arise for carefully assessed the best scientific and involve local communities), 3. to reintroduction in the antelope range commercial information available enhance international cooperation countries, captive-breeding programs regarding the past, present, and future (improve exchange of information and will be able to provide genetically threats facing these species. This technical expertise, raise funds for diverse and otherwise suitable information indicates that the wild conservation programmes). specimens. Currently, however, populations of the three antelopes have These objectives are included in the continued habitat loss and wonton declined drastically over the past 50 work of the Sahelo-Saharan Interest killing have made reintroduction years. The scimitar-horned oryx may Group (SSIG) which formed in 2000. nonviable in most cases. See 70 FR 5117 now be extinct in the wild. The declines The SSIG has conducted range country for a detailed discussion of the role of have resulted primarily from habitat antelope surveys (Monfort et al. 2001, captive breeding in the conservation of loss, uncontrolled killing, and the Wacher et al. 2003) and held meetings these species. inadequacy of existing regulatory that review current projects and propose Fenced reintroductions of scimitar- mechanisms. Because these threats further areas of research (Monfort 2003). horned oryx are ongoing in Morocco, place the species in danger of extinction While the work of the SSIG has Tunisia, and Senegal (Monfort in litt. throughout all or a significant portion of improved communication among 2003, Monfort 2003). Five dama gazelle their ranges (in accordance with the researchers and range state have been introduced to a large definition of ‘‘endangered species’’ in representatives interested in these enclosure in Senegal (Ba and Clark section 3(6) of the Act), we find that the species, it is not a regulatory body. 2003). These specimens are fenced in scimitar-horned oryx, addax, and dama There has been no progress in the large tracts of suitable or recovering gazelle are endangered throughout their
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52323
ranges, pursuant to the Act. This action scimitar-horned oryx, addax, and dama Antelope Taxon Advisory Group. 2002b. will result in the classification of these gazelle. These prohibitions, in part, Addra or Dama Gazelle Fact Sheet. American species as endangered, wherever they make it illegal for any person subject to Zoo and Aquarium Association. http:// occur. the jurisdiction of the United States to www.csew.com/antelopetag. Antelope Taxon Advisory Group. 2002c. ‘‘take’’ (includes harass, harm, pursue, Available Conservation Measures Scimitar-Horned Oryx Fact Sheet. American hunt, shoot, wound, kill, trap, capture, Conservation measures provided to Zoo and Aquarium Association. http:// or to attempt any of these) within the www.csew.com/antelopetag. species listed as endangered or United States or upon the high seas; Ba, D.M. and B. Clark. 2003. Update on threatened under the Act include import or export; deliver, receive, carry, antelope conservation programs in Senegal. recognition of conservation status, transport, or ship in interstate Fourth Annual Sahelo-Saharan Interest requirements for Federal protection, and commerce in the course of commercial Group Meeting. Agadir, Morocco, pp. 9–10. prohibitions against certain practices. activity; or sell or offer for sale in Estes, R.D. 1989. The CBSG Aridland Recognition through listing encourages interstate or foreign commerce any Anelopes Workshop. Gnusletter 8(3):9–12. Harper, F. 1945. Extinct and vanishing and results in conservation actions by endangered wildlife species. It also is Federal, State, and private agencies and mammals of the Old World. Special illegal to possess, sell, deliver, carry, Publication American Commission on groups, and individuals. The protection transport, or ship any such wildlife that required of Federal agencies and the International Wildlife Protection. No. 12. has been taken in violation of the Act. IUCN (World Conservation Union). 2003. prohibitions against take and harm are Certain exceptions apply to agents of the 2003 IUCN Red List of Threatened Species. discussed, in part, below. Service and State conservation agencies. http://www.iucn.org. Section 7(a) of the Act, as amended, Permits may be issued to carry out Mallon, D.P., and S.C. Kingswood and as implemented by regulations at 50 otherwise prohibited activities (Compilers). 2001. Antelopes. Part 4: North CFR part 402, requires Federal agencies involving endangered wildlife species Africa, the Middle East, and Asia. Global to evaluate their actions that are to be Survey and Regional Action Plans. SSC under certain circumstances. conducted within the United States or Antelope Specialist Group. IUCN: Gland, Regulations governing permits are upon the high seas, with respect to any Switzerland. codified at 50 CFR 17.22. With regard to species that is proposed to be listed or Monfort, S.L.. 2003. Comments submitted endangered wildlife, a permit may be is listed as endangered or threatened to U.S. Fish and Wildlife Service on issued for the following purposes: for proposed listing rule, Oct. 20, 2003. and with respect to its proposed or Monfort, S.L. (ed.) 2003. Fourth Annual designated critical habitat, if any is scientific purposes, to enhance the propagation or survival of the species, Sahelo-Saharan Interest Group Meeting, being designated. Because the scimitar- Agadir, Morocco, 67 p. horned oryx, addax, and dama gazelle and for incidental take in connection with otherwise lawful activities. Monfort, S.L., J. Newby , T.J. Wacher, J. are not native to the United States, no Tubiana, and D. Moksia. 2001. Sahelo- critical habitat is being proposed for Paperwork Reduction Act Saharan Antelope Survey, Republic of Chad. designation with this rule. Regulations Final Report. Sahelo-Saharan Interest Group/ An agency may not conduct or implementing the interagency UNEP–CMS. cooperation provision of the Act are sponsor and a person is not required to Newby, J.E. 1988. Aridland wildlife in codified at 50 CFR part 402. Section respond to a collection of information decline: The case of the scimitar-horned unless it displays a currently valid oryx. In A. Dixon and D. Jones (eds.), 7(a)(2) of the Act requires Federal Conservation and Biology of Desert agencies to ensure that activities they Office of Management and Budget (OMB) control number. This rule does Antelopes. Christopher Helm: London, pp. authorize, fund, or carry out are not 146–166. likely to jeopardize the continued not contain any new collections of information that require OMB approval. Newby, J.E. 1990. The slaughter of existence of a listed species or to Sahelian wildlife by Arab royalty. Oryx 24:6– destroy or adversely modify its critical However, OMB has approved the 8. habitat. If a proposed Federal action collection of information associated Newby, J.E., and C. Magin. 1989. Addax in may affect a listed species, the with endangered species permits and Niger: distribution, status and conservation responsible Federal agency must enter assigned control number 1018–0093, options. IUCN. Captive Breeding Specialist into formal consultation with the which expires June 30, 2007. For Group Meeting, San Antonio. additional information concerning Noble, D. 2002. Overview and status of Service. Currently, with respect to these captive antelope populations. Third Annual three antelopes, no Federal activities are permit requirements for endangered species, see 50 CFR 17.22. Sahelo–Saharan Interest Group Meeting, May known that would require consultation. 20–22, 2002, Za´mocka´, Slovakia, p. 41. Section 8(a) of the Act authorizes the National Environmental Policy Act Thornback, J. 1978. Red Data Book. provision of limited financial assistance Volume 1: Mammals. IUCN: Gland. for the development and management of We have determined that Switzerland. programs that the Secretary of the Environmental Assessments and UNEP/CMS 1999. CMS Technical Series Interior determines to be necessary or Environmental Impact Statements, as Publication No. 4: Conservation Measures for useful for the conservation of defined under the authority of the Sahelo-Saharan Antelopes. Action Plan and Status Report. UNEP/CMS Secretariat, Bonn, endangered or threatened species in National Environmental Policy Act of 1969 (42 U.S.C. 4321–4347), need not be Germany foreign countries. Sections 8(b) and 8(c) Wacher, T., J. Newby, S. Monfort, A. of the Act authorize the Secretary to prepared in connection with regulations adopted pursuant to section 4(a) of the Dixon, and B. Houston. 2003. Sahelo-Saharan encourage conservation programs for Wildlife Surveys. Part two: Central and foreign listed species, and to provide Act. A notice outlining our reasons for South-Eastern Niger (February–March 2002). assistance for such programs, in the this determination was published in the Sahelo-Saharan Interest Group/UNEP–CMS. Federal Register on October 25, 1983 form of personnel and the training of Author personnel. (48 FR 49244). The Act and its implementing References Cited The primary author of this notice is regulations set forth a series of general Antelope Taxon Advisory Group. 2002a. Michael Kreger, Ph.D., Division of prohibitions and exceptions that apply Addax Fact Sheet. American Zoo and Scientific Authority, U.S. Fish and to all endangered wildlife. As such, Aquarium Association. http:// Wildlife Service (see ADDRESSES section; these prohibitions are applicable to the www.csew.com/antelopetag. telephone, 703–358–1708).
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52324 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
List of Subjects in 50 CFR Part 17 PART 17—[AMENDED] List of Endangered and Threatened Wildlife; and Endangered and threatened species, I 1. The authority citation for part 17 I b.By adding entries for ‘‘Addax,’’ Exports, Imports, Reporting and continues to read as follows: ‘‘Gazelle, dama,’’ and ‘‘Oryx, scimitar- recordkeeping requirements, horned,’’ in alphabetical order under Transportation. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– MAMMALS, to the List of Endangered Regulation Promulgation 625, 100 Stat. 3500; unless otherwise noted. and Threatened Wildlife as set forth below. I Accordingly, we amend part 17, I 2. Amend § 17.11(h) as follows: § 17.11 Endangered and threatened subchapter B of chapter I, title 50 of the I a. By removing the entries for wildlife. Code of Federal Regulations, as follows: ‘‘Gazelle, Mhorr’’ and ‘‘Gazelle, Rio de * * * * * Oro Dama’’ under MAMMALS in the (h) * * *
Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules
MAMMALS Addax ...... Addax North Africa ...... Entire ...... E NA NA nasomaculatus.
******* Gazelle, dama ...... Gazella dama ...... North Africa ...... Entire ...... E 3 NA NA
******* Oryx, scimitar- Oryx dammah ...... North Africa ...... Entire ...... E NA NA horned.
*******
Dated: August 19, 2005. Tuna Conventions Act. NMFS hereby international conservation and Marshall P. Jones, Jr., closes the U.S. longline fishery directed management of highly migratory species Director, Fish and Wildlife Service. at bigeye tuna in the Convention Area of fish in the Convention Area. The [FR Doc. 05–17431 Filed 9–1–05; 8:45 am] for the remainder of 2005 because the Convention Area for this purpose is BILLING CODE 4310–55–P bigeye tuna catch in the Convention defined to include the waters of the ETP Area has reached the reported level of bounded by the coast of the Americas, catch made in 2001. This action is the 40° N. and 40° S. parallels, and the DEPARTMENT OF COMMERCE intended to limit fishing mortality on 150° W. meridian. The IATTC has bigeye tuna stock caused by longline maintained a scientific research and National Oceanic and Atmospheric fishing in the Convention Area and fishery monitoring program for many Administration contribute to the long-term conservation years and annually assesses the status of of bigeye tuna stock at levels that stocks of tuna and the fisheries to 50 CFR Part 300 support healthy fisheries. determine appropriate harvest limits or [Docket No. 050719189–5231–02; I.D. DATES: Effective August 30, 2005 other measures to prevent 081105E] through December 31, 2005. overexploitation of tuna stocks and ADDRESSES: Southwest Regional promote viable fisheries. Under the RIN 0648–AT33 Administrator, Southwest Region, Tuna Conventions Act, 16 U.S.C. 951– 961 and 972 et seq., NMFS must publish International Fisheries; Pacific Tuna NMFS, 501 W. Ocean Blvd., Suite 4200, regulations to carry out IATTC Fisheries; Restrictions for 2005 Long Beach, CA 90902–4213. recommendations and resolutions that Longline Fisheries in the Eastern FOR FURTHER INFORMATION CONTACT: J. have been approved by DOS. The Tropical Pacific Ocean Allison Routt, Sustainable Fisheries Division, Southwest Region, NMFS, Southwest Regional Administrator also AGENCY: National Marine Fisheries (562) 980–4030. is also required by regulations at 50 CFR Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: 300.299(b)(3) to issue a direct notice to Atmospheric Administration (NOAA), the owners or agents of U.S. vessels that Department of Commerce. Electronic Access operate in the ETP of actions ACTION: Temporary rule; emergency This Federal Register document is recommended by the IATTC and action. also accessible via the Internet at the approved by the DOS. A notice to the Office of the Federal Register’s website fleet was sent May 31, 2005, advising SUMMARY: This emergency action, at http://www.gpoaccess.gov/. the U.S. bigeye tuna longline fleet of implemented under the regulations for The United States is a member of the anticipated actions for the 2005 fishing the Pacific Tuna Fisheries, will prevent IATTC, which was established under year. overfishing of bigeye tuna in the eastern the Convention for the Establishment of The IATTC recommended, and the tropical Pacific Ocean (ETP), consistent an Inter-American Tropical Tuna DOS approved, a measure whereby the with recommendations by the Inter- Commission signed in 1949 U.S. longline fishery for bigeye tuna in American Tropical Tuna Commission (Convention). The IATTC was the Convention Area wouldill close for (IATTC) that have been approved by the established to provide an international the remainder of calendar year 2005 if Department of State (DOS) under the arrangement to ensure the effective the catch of bigeye tuna by U.S. longline
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52325
vessels in the Convention Area reaches Failure to effectuate the closure ACTION: Temporary rule; closure. 150 mt (the amount estimated to have immediately, when estimates indicate been caught by the U.S. longline fishery that the fishery is already significantly SUMMARY: NMFS is prohibiting directed in the Convention Area in 2001). The over-quota, could also cause potentially fishing for species that comprise the measure recommended by the IATTC serious harm to the ETP bigeye tuna shallow-water species fishery by vessels and approved by DOS states that, no stock. In 2003, 2004, and 2005, IATTC using trawl gear in the Gulf of Alaska bigeye tuna may be caught and retained stock assessment scientists concluded (GOA). This action is necessary because by U.S. longline bigeye tuna vessels in that the bigeye tuna stock is at a level the fourth seasonal apportionment of the Convention Area during the below that which would produce the the 2005 Pacific halibut bycatch remainder of the calendar year 2005 average maximum sustainable yield. allowance specified for the shallow- once the fishery is closed upon reaching Furthermore, NMFS has determined water species fishery in the GOA has the 2001 catch level. NMFS that bigeye tuna in the Pacific are been reached. promulgated a proposed rule to effect subject to overfishing, using the DATES: Effective 1200 hrs, Alaska local this recommendation on August 15, standards for ‘‘overfishing’’ in the time (A.l.t.), September 4, 2005, through 2005 (70 FR 47774–47776). Magnuson-Stevens Fishery 1200 hrs, A.l.t., September 30, 2005. NMFS has determined that the 150 mt Conservation and Management Act, 16 FOR FURTHER INFORMATION CONTACT: Josh catch level has been reached for the U.S.C. 1801 et seq. Keaton, 907–586–7228. 2005 season and hereby closes the U.S. Furthermore, the rule must be made SUPPLEMENTARY INFORMATION: NMFS longline fishery for bigeye tuna in the effective immediately to meet U.S. Convention Area for the remainder of obligations under the Convention manages the groundfish fishery in the the year 2005. It is therefore prohibited between the United States of America GOA exclusive economic zone for a U.S. longline bigeye tuna vessel to and the Republic of Costa Rica for the according to the Fishery Management retain bigeye tuna in the Convention Establishment of an Inter-American Plan for Groundfish of the Gulf of Area from the effective date of this Tropical Tuna Commission, as well as Alaska (FMP) prepared by the North action through December 31, 2005. U.S. obligations to manage tuna stocks Pacific Fishery Management Council Longline vessels are not subject to this in a sustainable manner under the Tuna under authority of the Magnuson- rule if they declare to NMFS under the Conventions Act of 1950, 16 U.S.C. 951– Stevens Fishery Conservation and Western Pacific Pelagics FMP that they 961 and 971 et seq. Therefore, notice Management Act. Regulations governing intend to shallow-set to target and an opportunity for comment, and fishing by U.S. vessels in accordance swordfish. delayed effectiveness of the closure, are with the FMP appear at subpart H of 50 not practicable and are contrary to the CFR part 600 and 50 CFR part 679. Classification public interest. The fourth seasonal apportionment of This action is consistent with the This emergency rule is exempt from the 2005 Pacific halibut bycatch Tuna Conventions Act 16, U.S.C. 951– the procedures of the Regulatory allowance specified for the shallow- 961 and 971 et seq. This action is Flexibility Act because the rule is issued water species fishery in the GOA is 150 consistent under the regulations for the without opportunity for prior notice and metric tons as established by the 2005 Pacific Tuna Fisheries found at 50 CFR opportunity for public comment. and 2006 harvest specifications for 300.29. This emergency rule has been groundfish of the GOA (70 FR 8958, For the reasons set forth below, the determined to be not significant for February 24, 2005), for the period 1200 Assistant Administrator for Fisheries purposes of Executive Order 12866. hrs, A.l.t., September 1, 2005, through (AA) finds good cause under 5 U.S.C. Authority: 16 U.S.C. 951–961 and 971 et 1200 hrs, A.l.t., September 30, 2005. 553(b)(B) to waive notice and comment seq. In accordance with § 679.21(d)(7)(i), for this rule, which closes the U.S. the Administrator, Alaska Region, bigeye tuna longline fishery in the Dated: August 30, 2005. NMFS, has determined that the fourth IATTC Convention Area for the John Oliver, seasonal apportionment of the 2005 remainder of the 2005 season. Similarly, Deputy Assistant Administrator for Pacific halibut bycatch allowance the AA finds good cause to waive the Operations, National Marine Fisheries specified for the trawl shallow-water 30–day delay in effective date for this Service. species fishery in the GOA has been rule under 5 U.S.C. 553(d)(3). [FR Doc. 05–17550 Filed 8–30–05; 2:40 pm] reached. Consequently, NMFS is It is impracticable and contrary to the BILLING CODE 3510–22–S prohibiting directed fishing for the public interest to provide for notice and shallow-water species fishery by vessels an opportunity for public comment using trawl gear in the GOA. The DEPARTMENT OF COMMERCE because the U.S. quota for bigeye tuna species and species groups that in the ETP longline fishery has already National Oceanic and Atmospheric comprise the shallow-water species been reached, much earlier this year Administration fishery are pollock, Pacific cod, shallow- than in the preceding year. In 2004, U.S. water flatfish, flathead sole, Atka vessels using longline gear in the ETP 50 CFR Part 679 mackerel, skates, and ‘‘other species.’’ did not attain the 2001 catch limit until This closure does not apply to fishing September. This year, however, in July [Docket No. 041126333–5040–02; I.D. for pollock by vessels using pelagic of 2005, U.S. longline vessels in the ETP 082905D] trawl gear in those portions of the GOA were estimated to have harvested over Fisheries of the Economic Exclusive open to directed fishing for pollock. 150 metric tons of bigeye tuna. The Zone Off Alaska; Shallow-Water After the effective date of this closure estimated catch to date is approximately Species Fishery by Vessels Using the maximum retainable amounts at 241 metric tons, significantly over- Trawl Gear in the Gulf of Alaska §§ 679.20(e) and (f) apply at any time quota. Accommodating notice and during a trip. comment and delaying the effective date AGENCY: National Marine Fisheries for this rule would result in continued Service (NMFS), National Oceanic and Classification harvest of bigeye tuna by the longline Atmospheric Administration (NOAA), This action responds to the best fleet over the 2001 catch level. Commerce. available information recently obtained
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52326 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
from the fishery. The Assistant DATES: Effective 1200 hrs, Alaska local 553(d)(3). This finding is based upon Administrator for Fisheries, NOAA time (A.l.t.), August 30, through 2400 the reasons provided above for waiver of (AA), finds good cause to waive the hrs, A.l.t., December 31, 2005. prior notice and opportunity for public requirement to provide prior notice and FOR FURTHER INFORMATION CONTACT: Josh comment. opportunity for public comment Keaton, 907–586–7228. This action is required by § 679.20 and is exempt from review under pursuant to the authority set forth at 5 SUPPLEMENTARY INFORMATION: NMFS U.S.C. 553(b)(B) as such requirement is manages the groundfish fishery in the Executive Order 12866. impracticable and contrary to the public GOA exclusive economic zone Authority: 16 U.S.C. 1801 et seq. interest. This requirement is according to the Fishery Management Dated: August 29, 2005. impracticable and contrary to the public Plan for Groundfish of the Gulf of Emily Menashes, interest as it would prevent NMFS from Alaska (FMP) prepared by the North responding to the most recent fisheries Acting Director, Office of Sustainable Pacific Fishery Management Council Fisheries, National Marine Fisheries Service. data in a timely fashion and would under authority of the Magnuson- delay the closure of the shallow-water [FR Doc. 05–17551 Filed 8–30–05; 2:40 pm] Stevens Fishery Conservation and BILLING CODE 3510–22–S species fishery by vessels using trawl Management Act. Regulations governing gear in the GOA. NMFS was unable to fishing by U.S. vessels in accordance publish a notice providing time for with the FMP appear at subpart H of 50 DEPARTMENT OF COMMERCE public comment because the most CFR part 600 and 50 CFR part 679. recent, relevant data only became The 2005 TAC of northern rockfish in National Oceanic and Atmospheric available as of August 26, 2005. the Central Regulatory Area of the GOA Administration The AA also finds good cause to is 4,283 metric tons (mt) as established waive the 30-day delay in the effective by the 2005 and 2006 harvest 50 CFR Part 679 date of this action under 5 U.S.C. specifications for groundfish of the GOA 553(d)(3). This finding is based upon [Docket No. 041126333–5040–02; I.D. (70 FR 8958, February 24, 2005). 082905C] the reasons provided above for waiver of In accordance with § 679.20(d)(1)(i), prior notice and opportunity for public the Administrator, Alaska Region, Fisheries of the Economic Exclusive comment. NMFS (Regional Administrator), has Zone Off Alaska; Deep-water Species This action is required by § 679.21 determined that the 2005 TAC of Fishery by Vessels Using Trawl Gear in and is exempt from review under northern rockfish in the Central the Gulf of Alaska Executive Order 12866. Regulatory Area of the GOA will soon AGENCY: Authority: 16 U.S.C. 1801 et seq. be reached. Therefore, the Regional National Marine Fisheries Service (NMFS), National Oceanic and Dated: August 29, 2005. Administrator is establishing a directed fishing allowance of 4,000 mt, and is Atmospheric Administration (NOAA), Emily Menashes, setting aside the remaining 283 mt as Commerce. Acting Director, Office of Sustainable bycatch to support other anticipated ACTION: Temporary rule; closure. Fisheries, National Marine Fisheries Service. groundfish fisheries. In accordance with SUMMARY: NMFS is prohibiting directed [FR Doc. 05–17549 Filed 8–30–05; 2:40 pm] § 679.20(d)(1)(iii), the Regional BILLING CODE 3510–22–S fishing for species that comprise the Administrator finds that this directed deep-water species fishery by vessels fishing allowance has been reached. using trawl gear in the Gulf of Alaska DEPARTMENT OF COMMERCE Consequently, NMFS is prohibiting (GOA). This action is necessary because directed fishing for northern rockfish in the fourth seasonal apportionment of National Oceanic and Atmospheric the Central Regulatory Area of the GOA. the 2005 Pacific halibut bycatch Administration After the effective date of this closure allowance specified for the deep-water the maximum retainable amounts at species fishery in the GOA has been 50 CFR Part 679 §§ 679.20(e) and (f) apply at any time reached. during a trip. DATES: Effective 1200 hrs, Alaska local [Docket No. 041126333–5040–02; I.D. Classification time (A.l.t.), September 4, through 1200 082905B] This action responds to the best hrs, A.l.t., September 30, 2005. Fisheries of the Exclusive Economic available information recently obtained FOR FURTHER INFORMATION CONTACT: Josh Zone Off Alaska; Northern Rockfish in from the fishery. The Assistant Keaton, 907–586–7228. the Central Regulatory Area of the Gulf Administrator for Fisheries, NOAA SUPPLEMENTARY INFORMATION: NMFS of Alaska (AA), finds good cause to waive the manages the groundfish fishery in the requirement to provide prior notice and GOA exclusive economic zone AGENCY: National Marine Fisheries opportunity for public comment according to the Fishery Management Service (NMFS), National Oceanic and pursuant to the authority set forth at 5 Plan for Groundfish of the Gulf of Atmospheric Administration (NOAA), U.S.C. 553(b)(B) as such requirement is Alaska (FMP) prepared by the North Commerce. impracticable and contrary to the public Pacific Fishery Management Council ACTION: Temporary rule; closure. interest. This requirement is under authority of the Magnuson- impracticable and contrary to the public Stevens Fishery Conservation and SUMMARY: NMFS is prohibiting directed interest as it would prevent NMFS from Management Act. Regulations governing fishing for northern rockfish in the responding to the most recent fisheries fishing by U.S. vessels in accordance Central Regulatory Area of the Gulf of data in a timely fashion and would with the FMP appear at subpart H of 50 Alaska (GOA). This action is necessary delay the closure of northern rockfish in CFR part 600 and 50 CFR part 679. to prevent exceeding the 2005 total the Central Regulatory Area of the GOA. The fourth seasonal apportionment of allowable catch (TAC) of northern The AA also finds good cause to the 2005 Pacific halibut bycatch rockfish in the Central Regulatory Area waive the 30 day delay in the effective allowance specified for the deep-water of the GOA. date of this action under 5 U.S.C. species fishery in the GOA is the
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52327
remaining amount from the first through and Sebastolobus, deep-water flatfish, data in a timely fashion and would third seasonal apportionments as rex sole, arrowtooth flounder, and delay the closure of the deep-water established by the 2005 and 2006 sablefish. species fishery by vessels using trawl harvest specifications for groundfish of After the effective date of this closure gear in the GOA. the GOA (70 FR 8958, February 24, the maximum retainable amounts at The AA also finds good cause to 2005). As of August 17, 2005, the §§ 679.20(e) and (f) apply at any time waive the 30-day delay in the effective remaining amount of Pacific halibut during a trip. date of this action under 5 U.S.C. from the first three seasonal Classification 553(d)(3). This finding is based upon apportionments is 60 mt. the reasons provided above for waiver of In accordance with § 679.21(d)(7)(i), This action responds to the best prior notice and opportunity for public the Administrator, Alaska Region, available information recently obtained comment. NMFS, has determined that the fourth from the fishery. The Assistant seasonal apportionment of the 2005 Administrator for Fisheries, NOAA This action is required by § 679.21 Pacific halibut bycatch allowance (AA), finds good cause to waive the and is exempt from review under specified for the trawl deep-water requirement to provide prior notice and Executive Order 12866. species fishery in the GOA has been opportunity for public comment Authority: 16 U.S.C. 1801 et seq. reached. Consequently, NMFS is pursuant to the authority set forth at 5 prohibiting directed fishing for the U.S.C. 553(b)(B) as such requirement is Dated: August 29, 2005. deep-water species fishery by vessels impracticable and contrary to the public Emily Menashes, using trawl gear in the GOA. interest. This requirement is Acting Director, Office of Sustainable The species and species groups that impracticable and contrary to the public Fisheries, National Marine Fisheries Service. comprise the deep-water species fishery interest as it would prevent NMFS from [FR Doc. 05–17552 Filed 8–30–05; 2:40 pm] are all rockfish of the genera Sebastes responding to the most recent fisheries BILLING CODE 3510–22–S
VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 52328
Proposed Rules Federal Register Vol. 70, No. 170
Friday, September 2, 2005
This section of the FEDERAL REGISTER filing applications for other facilities Implementing the National contains notices to the public of the proposed subject to the Commission’s jurisdiction Environmental Policy Act.’’ The issuance of rules and regulations. The under the Natural Gas Act (NGA). purpose of the document is to inform purpose of these notices is to give interested DATES: Comments on the Notice of the public and permitting agencies persons an opportunity to participate in the about the potential adverse and/or rule making prior to the adoption of the final Proposed Rulemaking are due rules. September 14, 2005. beneficial environmental impacts of ADDRESSES: Comments may be filed proposed projects and their alternatives. electronically via the eFiling link on the As with pipeline projects, a thorough DEPARTMENT OF ENERGY Commission’s Web site at http:// analysis of any substantive issues www.ferc.gov. Commenters unable to relating to LNG facilities is undertaken Federal Energy Regulatory file comments electronically must send during the preparation of an EA or EIS. Commission an original and 14 copies of their The NEPA documents for new LNG comments to: Federal Energy Regulatory terminals and expansions at existing 18 CFR Parts 153, 157 and 375 Commission, Office of the Secretary, sites include a thorough study of potential impacts to public safety. [Docket No. RM05–31–000] 888 First Street NE., Washington, DC 20426. Refer to the Comment 3. To date, it has been the Regulations Implementing Energy Procedures section of the preamble for Commission’s policy to encourage early Policy Act of 2005; Pre-Filing additional information on how to file involvement by the public and Procedures for Review of LNG comments. governmental agencies, as contemplated by NEPA and Council on Environmental Terminals and Other Natural Gas FOR FURTHER INFORMATION CONTACT: Facilities Richard Hoffmann, Office of Energy Quality (CEQ) regulations, by promoting Projects, 888 First Street, NE., an optional pre-filing process for both Issued August 26, 2005. interstate gas pipeline and LNG terminal AGENCY: Federal Energy Regulatory Washington, DC 20426, (202) 502–8066, [email protected]. projects. Specifically, in the case of LNG Commission. project proposals, pre-filing activity is John Leiss, Office of Energy Projects, ACTION: Notice of proposed rulemaking. one of three distinct phases of activity 888 First Street, NE., Washington, DC that the Commission undertakes in SUMMARY: The Federal Energy 20426, (202) 502–8058, fulfilling its goal of assuring the safe Regulatory Commission (Commission) is [email protected]. operation and system reliability of proposing regulations in accordance Whit Holden, Office of the General proposed and operating jurisdictional with section 311(d) of the Energy Policy Counsel, Federal Energy Regulatory LNG facilities throughout the United Act of 2005 (EPAct 2005) to implement Commission, 888 First Street, NE., States.1 mandatory procedures requiring Washington, DC 20426, (202) 502– 4. Typically, prior to filing an LNG- prospective applicants to begin the 8089, [email protected]. related application, company Commission’s pre-filing review process SUPPLEMENTARY INFORMATION: representatives meet with Commission at least six months prior to filing an staff to explain the project and solicit application for authorization to site and I. Introduction advice. These meetings provide construct a liquefied natural gas (LNG) 1. Pursuant to section 311(d) of the prospective applicants the opportunity terminal. As proposed, the mandatory Energy Policy Act of 2005 (EPAct 2005), for Commission staff to offer suggestions procedures would require that the the Commission is required, by October related to environmental, engineering, prospective applicant submit 7, 2005, to promulgate regulations and safety features of the proposal. At information necessary for pre-filing requiring prospective applicants for this stage, Commission staff reviews review of the LNG terminal, as defined authorization to construct liquefied conceptual designs of planned LNG in EPAct 2005, as well as any pipeline natural gas (LNG) terminals (as defined facilities; provides guidance on and other natural gas facilities necessary in EPAct 2005) to comply with the resolving potential environmental, to transport regasified LNG from an LNG Commission’s pre-filing review process, safety, and design issues; explains the terminal to existing natural gas pipeline beginning at least six months prior to level of design detail and safety analysis infrastructure. As required by EPAct filing an application. As further required for a complete application; and 2005, the proposed regulations are required by EPAct 2005, the proposed assists potential applicants in designed to encourage applicants to regulations encourage applicants to developing plans for ensuring extensive cooperate with state and local officials cooperate with state and local officials. public involvement in the application to address safety considerations. A 2. Prior to any Commission decision process. In this manner, Commission prospective applicant also would be regarding an application for LNG staff learns about future projects which required to comply with the pre-filing facilities, the Commission prepares an may be filed at the Commission, helps procedures prior to filing an application environmental assessment (EA) or companies in their application to make significant modifications to an environmental impact statement (EIS) to preparation, and ensures that the public existing LNG terminal likely to involve fulfill the requirements of the National is included in the process. state and local safety considerations. Environmental Policy Act of 1969 Under the proposed regulations, (NEPA), 42 U.S.C. 4321, et seq., and the 1 The other two phases of a project timeline for prospective applicants could continue Commission’s implementing regulations any LNG proposal are pre-decision analysis and to elect on a voluntary basis to under Title 18, Code of Federal post-decision construction/operation inspection undertake the pre-filing process prior to Regulations, Part 380, ‘‘Regulations and monitoring.
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52329
5. Because it is desirable to maximize information such as copies of process occurs before an application to early public involvement to promote the applications to other agencies. Also, begin a proceeding is filed, petitions to wide-spread dissemination of preliminary corridor or route intervene during this process are information about proposed projects information maps are highly desirable.3 premature and are not accepted by the and to reduce the amount of time 7. In recent years, Commission staff Commission. required to issue an EIS or EA once an has sought to promote use of the pre- 10. As noted above, EPAct 2005 application is filed, the Commission’s filing process by prospective applicants requires the Commission implement a Office of Energy Projects (OEP) has for all major natural gas projects, mandatory, rather than elective, pre- developed guidelines for going beyond including LNG projects. If the filing process for review of LNG informal discussions into a more formal guidelines for requesting the pre-filing terminal facilities prior to a prospective pre-filing process. These guidelines process are satisfied by a prospective applicant’s filing of an application for were developed because in certain applicant, a written acceptance is issued authorization of such facilities. In this respects the collaborative pre-filing by the Director of OEP, and a PF docket regard, Congress has directed that the procedures for use by prospective number is assigned. Commission promulgate regulations applicants set forth in section 157.22 of 8. Commission staff’s role in the pre- directing that the pre-filing process the Commission’s regulations have filing process is to work with commence at least 6 months prior to the proven to be impracticable.2 Therefore, stakeholders and the prospective filing of an application and that the the Commission is proposing to applicant to ensure that a complete regulations encourage applicants to eliminate the collaborative process application is prepared, based on a cooperate with state and local officials. procedures of section 157.22 in thorough exploration of potential issues, To fulfill this mandate, the Commission conjunction with codification of the pre- and not to take any position on the is proposing to adopt its existing pre- filing procedures and regulations merits of the potential application. Staff filing process as the mandatory pre- proposed in this notice. and third-party contractor pre-filing filing process for review of LNG 6. Under the Commission’s current involvement is designed to encourage terminal facilities and associated guidelines, when a prospective and promote a cooperative pre-filing jurisdictional pipeline facilities. The applicant elects to undertake the process. On a case-by-case basis, this Commission’s experience with the Commission pre-filing process, the involvement will include some or all of current pre-filing process is that it has prospective applicant submits a written the following: (1) Assisting the been used with much success since its request to the Director of OEP for staff prospective applicant in developing introduction several years ago. It is a assistance with the pre-filing process initial information about the proposal process with which the natural gas seven to eight months prior to filing an and identifying affected parties industry, governmental entities and the application. The request: (1) Explains (including landowners and agencies); public are familiar. To the extent that why the prospective applicant wants to (2) issuing a Scoping Notice and minor changes will improve the current use the pre-filing process, including conducting scoping for the proposal; (3) process, we can consider them as a time considerations; (2) lists the Federal facilitating issue identification and result of the comment process in this and state agencies in the project area resolution; (4) conducting site visits, proceeding. with relevant permitting requirements, examining alternatives, meeting with documents that those agencies are aware agencies and stakeholders, and II. Summary of Proposed Regulations of the prospective applicant’s intention participating in the prospective 11. As discussed above, the proposed to use the Commission’s pre-filing applicant’s public information meetings; regulations, in large measure, adopt the process, provides the Commission with (5) initiating the preparation of a formal pre-filing process that the contact names and phone numbers, and preliminary EA or preliminary DEIS, Commission currently utilizes when verifies that the Federal agencies agree which may include cooperating agency prospective applicants voluntarily elect to participate in this process; (3) review; and (6) reviewing draft resource to use the process. First, section 153.2 identifies other interested persons and reports for the application that is to be of the regulations would be amended by organizations who have been contacted filed with the Commission. adding the definition of ‘‘LNG terminal’’ about the project; (4) details what work 9. When the application for set forth in the new section 3A of the has been done already, i.e., contacting authorization to construct a pipeline NGA added by section 311(d) of EPAct landowners, agency consultants, project project or to site an LNG terminal is 2005: engineering, and route planning; (5) filed, the Commission publishes a states that the prospective applicant will notice of the application in the Federal LNG Terminal means all natural gas provide a list of potential third-party Register and establishes a deadline for facilities located onshore or in State waters that are used to receive, unload, load, store, contractors who can prepare the interested persons to intervene in the transport, gasify, liquefy, or process natural requisite NEPA document, from which proceeding. Because the pre-filing gas that is imported to the United States from Commission staff will make a selection; a foreign country, exported to a foreign (6) acknowledges that a complete 3 Section 388.112 of the Commission’s country from the United States, or Environmental Report and complete regulations, 18 CFR 388.112 (2005), sets forth transported in interstate commerce by a application are still required at the time procedures to be followed by any person submitting waterborne vessel, but does not include: documents containing critical energy infrastructure of filing; and (7) details a Public information (CEII). These procedures apply only to (1) Waterborne vessels used to deliver Participation Plan which identifies submissions of CEII to the Commission. CEII, as natural gas to or from any such facility; or specific tools and actions to facilitate defined in section 388.113 of the regulations, (2) Any pipeline or storage facility subject stakeholder communications and public includes information about proposed or existing to the jurisdiction of the Commission under natural gas facilities that could be used by a person section 7 of the Natural Gas Act. information, including establishing a planning an attack on critical energy infrastructure. single point of contact. Prospective The Commission’s procedures in section 388.112 12. A proposed new paragraph (c) applicants are strongly encouraged to are designed to ensure that CEII is not placed in the would be added to section 153.6 to state establish a project Web site where Commission’s public records. The regulations that no application for an LNG terminal proposed by this notice would make the procedures interested persons can go for in section 388.112 applicable to submissions by or associated jurisdictional pipeline prospective applicants using the proposed pre-filing facilities may be made before 180 days 2 18 CFR 157.22 (2005). review procedures. after the date of a notice by the Director
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52330 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules
of OEP announcing commencement of a interagency cooperation, comments, and pipeline facilities that will be prospective applicant’s pre-filing timing of decisions on proposals. interconnected with the LNG terminal. process under the procedures of 17. The environmental material 21. Proposed section 157.21(b) also proposed new section 157.21, described required by the Part 380 regulations is states that a prospective applicant below. A new definition would be embodied in sections 380.12, 380.13, approved to use the pre-filing added to section 157.1 to provide that, 380.14 and 380.15 and Appendix A to procedures for facilities not related to for the purposes of section 157.21, Part 380. Section 380.12 describes LNG terminal facilities should not file ‘‘Director’’ means the Director of the resource reports which list, in detail, the an application until at least 180 days Commission’s Office of Energy Projects. information the Commission needs to after the date that the Director issues a 13. Proposed new section 157.21 conduct an environmental review of a notice approving use of the pre-filing would establish the pre-filing process proposal under NEPA. It consists of 13 procedures. However, whereas a for LNG terminal facilities, as well as resource reports ranging from a detailed prospective applicant for LNG facilities other natural gas facilities. The project description to descriptions of the would be precluded from filing an procedures would be mandatory for any existing environment and potential application before the 180-day period prospective applicant for authorization impacts on environmental resources has ended, the proposed regulations do to site, construct and operate facilities such as water use and quality, fish, not preclude a prospective applicant for included within the definition of ‘‘LNG wildlife and vegetation, cultural facilities not related to LNG facilities terminal,’’ as defined in proposed resources, land use and aesthetics, and from filing an application within 180 section 153.2(d), and for any associated air and noise and, for LNG terminal days. jurisdictional pipeline facilities. The facilities, engineering and design 22. Any prospective applicant pre-filing procedures also would be material. required to use the pre-filing process for mandatory in cases where the Director 18. Sections 380.13 and 380.14 LNG terminal facilities and related finds that significant modifications to provide procedures and detailed facilities or any prospective applicant existing LNG terminal facilities involve descriptions of what the prospective requesting to use the pre-filing process state and local safety considerations. As applicant is expected to do to help the for non-LNG related facilities would be discussed below, the pre-filing review Commission comply with its obligations required by proposed section 157.21(c) process would remain voluntary for under the Endangered Species Act and to first consult with the Director on the natural gas facilities not related to LNG the National Historic Preservation Act. nature of the project, the content of the terminals. Section 380.15 identifies best practices pre-filing request, and the status of the 14. To initiate the pre-filing review for the prospective applicant to follow prospective applicant’s progress toward process under proposed section 157.21, when siting and maintaining facilities. obtaining the information required for a prospective applicant for LNG Appendix A to Part 380 is a checklist of the pre-filing request described in terminal facilities would be required to minimum environmental filing paragraph (d) of this section. This make a filing containing certain requirements. consultation will also include material, as described below, and 19. Currently, when a prospective discussion of the specifications for the concurrently file a Letter of Intent and applicant elects to undertake the applicant’s solicitation for prospective a Preliminary Waterway Suitability Commission’s voluntary pre-filing third-party contractors to prepare the Assessment (WSA) with the U. S. Coast procedures, it is required to use or file, environmental documentation for the Guard.4 as appropriate, all of the above- project. 15. Proposed section 157.21(a)(2) described Part 380 materials as it 23. Proposed section 157.21(d) would provide that an application for formulates its project and then files the identifies the information that a LNG terminal facilities and associated application with the Commission. The prospective applicant’s initial filing to jurisdictional pipeline facilities (1) shall proposed procedures would require that initiate the pre-filing process must not be filed until at least 180 days after prospective applicants required or include. For LNG terminal facilities, the the date that the Director issues notice requesting to use the pre-filing process initial filing must include a description of the commencement of the prospective file draft environmental material in of the schedule desired for the project, applicant’s pre-filing process, and (2) accordance with the provisions of Part including the expected application shall contain all the information 380 of the regulations implementing the filing date and the desired date for specified by Commission staff. Commission’s procedures under NEPA, Commission approval, and a description 16. The information that a prospective as described above. This would allow of the zoning and availability of the applicant would be required to submit the Commission to review and make proposed site and marine facility pursuant to section 157.21(a)(2) would suggestions on how they could be location. include draft environmental material in improved before the filing of the 24. For natural gas facilities not accordance with the provisions of Part application. related to LNG terminal facilities, 380 of the regulations implementing the 20. Proposed section 157.21(a)(3) proposed section 157.21(d) provides Commission’s procedures under NEPA. would require that a prospective that a prospective applicant’s initial The requirements in Part 380 of the applicant for LNG terminal facilities and filing must include an explanation of Commission’s regulations supplement any associated jurisdictional pipeline why the prospective applicant wants to the CEQ’s regulations.5 The procedures facilities provide any necessary use the process, including any critical in Part 380 essentially follow CEQ information for the environmental timing considerations, the expected procedures concerning early and review of any pipeline or other natural application filing date and the desired efficient review of environmental issues, gas facilities which are necessary to date for Commission approval. public notice and participation, scoping, transport regasified LNG from the 25. Filings by all prospective subject LNG terminal facilities to the applicants to initiate the pre-filing 4 Information concerning these documents may be existing natural gas pipeline process would be required by proposed found in the U. S. Coast Guard Navigation and infrastructure. Such facilities would section 157.21(d) to include: Vessel Inspection Circular No. 05–05, dated June • 14, 2005. include facilities not subject to the A detailed description of the project 5 The CEQ’s regulations are set out at 40 CFR Commission’s NGA jurisdiction, such as that will serve as the initial discussion parts 1500 through 1508 (2005). intrastate pipeline and Hinshaw point for stakeholder review;
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52331
• A list of the relevant Federal and proposing to remove the existing text in • Within 60 days of the end of the state agencies in the project area with paragraph (z) in section 375.208 and scoping comment period, file draft permitting requirements, and a replace it with new text which would Resource Reports 1 through 12. statement indicating that those agencies provide for the Director’s issuance of • At least 60 days prior to filing an are aware of the prospective applicant’s notices to commence the pre-filing application, file revised draft Resource intention to use the pre-filing process process under proposed new section Reports, if requested by Commission (including contact names and telephone 157.21, after the Director has found that staff. numbers) and whether the agencies a prospective applicant has adequately • At least 90 days prior to filing an have agreed to participate in the addressed the above-described application, file draft Resource Report process; requirements. The proposed new text in 13 (for LNG terminal facilities). • A list and description of the interest section 375.308(z) also provides for the • Certify that a Follow-on WSA will of other persons and organizations who Director to post guidance on the be submitted to the U.S. Coast Guard no have been contacted about the project Commission’s website to clarify the later than the filing of an application (including contact names and telephone procedures and how prospective with the Commission for LNG terminal numbers); applicants can achieve compliance with facilities. • A description of what work has the pre-filing process and regulations. 29. Proposed section 157.21(g) already been done, e.g., contacting 28. Proposed section 157.21(f) provides that Commission staff and stakeholders, agency consultations, provides that, upon the Director’s third-party contractor involvement project engineering, route planning, issuance of a notice commencing a during the pre-filing process will be environmental and engineering prospective applicant’s pre-filing designed to fit each project and will contractor engagement, environmental process, the prospective applicant must: include some or all of the following: surveys/studies, and open houses; • • • Within seven days 6 and after Assisting the prospective applicant Proposals for at least three in developing initial information about prospective third-party contractors from consultation with Commission staff, establish and notify Commission staff of the proposal and identifying affected which Commission staff may make a parties (including landowners, agencies, selection; the dates and locations at which the and other interested parties). • Acknowledgement that a complete prospective applicant will conduct open • Issuing an environmental scoping Environmental Report and complete houses and meetings with stakeholders application are required at the time of (including agencies) and Commission notice and conducting scoping for the staff. proposal. filing; and • • A description of a Public • Within 14 days, conclude the Facilitating issue identification and contract with the selected third-party resolution. Participation Plan which identifies • specific tools and actions to facilitate contractor. Conducting site visits, examining stakeholder communications and public • Within 14 days, contact all alternatives, meeting with agencies and information, including a project website stakeholders not already informed about stakeholders, and participating in the and a single point of contact. the project. prospective applicant’s public 26. Proposed section 157.21(e) states • information meetings. Within 30 days, submit a • that the pre-filing process for a Reviewing draft Resource Reports. stakeholder mailing list to Commission • prospective applicant will be deemed to staff. Initiating the preparation of a have commenced on the date the • Within 30 days, file a draft of preliminary EA or draft EIS, which may Director issues a notice setting forth a Resource Report 1 in accordance with include cooperating agency review. finding that the prospective applicant § 380.12(c) and a summary of the 30. Paragraph (h) of proposed section has adequately addressed the alternatives considered or under 157.21 would provide that a prospective requirements of paragraphs (a) through consideration. applicant using the pre-filing procedures shall comply with the (d) of section 157.21. The date of such • On a monthly basis, file status procedures in section 388.112 of the notice shall be used in determining reports detailing the applicant’s project regulations for the submission of whether the date an application is filed activities including surveys, stakeholder documents containing CEII, as defined is at least 180 days after commencement communications, and agency meetings. in section 388.113 of the regulations. of the pre-filing process. Proposed • Be prepared to provide a section 157.21(e) also provides for the 31. Once an application is accepted description of the proposed project and by the Commission, whether the Director to make determinations to answer questions from the public at whether prospective modifications to an environmental analysis can proceed will the scoping meetings held by be highly dependent on how well the existing LNG terminal will be Commission staff. significant modifications involving state • applicant responded to issues raised by Be prepared to attend site visits and Commission staff and the stakeholders and local safety considerations. Such other stakeholder and agency meetings prospective modifications to existing during the pre-filing process described arranged by the Commission staff, as above. LNG facilities will require that the required. prospective applicant undertake the pre- • Within 14 days of the end of the III. Environmental Analysis filing review process. scoping comment period, respond to 27. Existing section 375.308(z) 32. The Commission is required to issues raised during scoping. describes the Director’s delegated prepare an EA or EIS for any action that authority with respect to the may have a significant adverse effect on 6 7 collaborative pre-filing procedures in As provided in Rule 2007 of the Commission’s the human environment. No Rules of Practice and Procedure, 18 CFR 385.2007 environmental consideration is raised section 157.22, which this proposed (2005), the day on which the Director’s notice is rule would remove from the regulations issued would be excluded in counting days for by the promulgation of a rule that is in view of the proposed implementation purposes of determining the date a filing is due. Further, if the due date for a filing would fall on 7 Order No. 486, Regulations Implementing the of the pre-filing procedures and review a Saturday, Sunday, holiday, or day on which the National Environmental Policy Act, 52 FR 47897 provided for in proposed new section Commission closes early due to adverse conditions, (Dec. 17, 1987), FERC Stats. & Regs. Preambles 157.21. Therefore, the Commission is the following business day becomes the due date. 1986–1990 ¶ 30,783 (1987).
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52332 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules
procedural in nature or does not pre-filing procedures will be a small relating to the construction of natural substantially change the effect of entity under the RFA’s standards. gas facilities. As proposed herein, legislation or regulations being Accordingly, the Commission hereby prospective applicants using the pre- amended.8 certifies that this notice’s proposed filing procedures, whether on a 33. The regulations proposed herein regulations, if promulgated, will not mandatory or voluntary basis, will be would establish pre-filing review have a significant economic impact on subject to the requirements of Part 380. procedures which are mandatory for a substantial number of small entities. 40. The Commission’s information prospective applicants for LNG terminal V. Information Collection Statement collections relating to this notice’s and any associated jurisdictional proposed pre-filing procedures are pipeline facilities and elective for 36. The Office of Management and described in this notice. The prospective applicants for natural gas Budget (OMB) regulations require that Commission has submitted this notice facilities not related to LNG terminals. OMB approve certain reporting, record to OMB for review and clearance of the In neither case do the procedures keeping, and public disclosure notice’s information collection substantially change the regulatory (collections of information) imposed by requirements under emergency 11 requirements to which applications for an agency. Accordingly, pursuant to processing procedures.13 OMB approval such facilities are subject. Rather, the OMB regulations, the Commission is has been requested by [INSERT DATE]. providing notice of its proposed proposed procedures would result in 41. Comments are solicited on the information collections to OMB for certain regulatory requirements being Commission’s need for this information, review under section 3507(d) of the satisfied prior to the filing of an whether the information will have Paperwork Reduction Act of 1995.12 application, as opposed to being practical utility, the accuracy of the satisfied at the time, or after the filing, 37. FERC–539, ‘‘Gas Pipeline Certificates: Import/Export Related,’’ provided burden estimates, ways to of the application. The use of the enhance the quality, utility, and clarity procedures generally will affect the identifies the Commission’s information collections relating to Part 153 of its of the information to be collected, and timing of the filing of applications, not any suggested methods for minimizing when regulatory requirements are met. regulations, which apply to facilities to import or export natural gas and for respondent’s burden, including the use Further, the proposed procedures of automated information techniques. implement regulatory changes which authorization under section 3 of mandated by Congress in EPAct 2005 the NGA is necessary. If planned import 42. The Commission has been using for new LNG terminals. or export facilities will be LNG terminal its current voluntary pre-filing facilities, as defined in proposed section procedures for approximately four IV. Regulatory Flexibility Act Statement 153.2(d), the facilities will be subject to years. Thus, the Commission has 34. The Regulatory Flexibility Act of the mandatory pre-filing review experience that it did not have when it 1980 (RFA) 9 generally requires a required by proposed section 157.21. A proposed existing section 157.22 of the description and analysis of proposed prospective applicant for non-LNG regulations, which this proposed rule regulations that will have significant related import and export facilities may would eliminate. Based on this economic impact on a substantial choose to request approval to undertake experience, the Commission believes number of small entities. The the pre-filing procedures in proposed that there will be no more than 20 Commission is not required to make section 157.21. prospective applicants that use the such an analysis if proposed regulations 38. FERC–537, ‘‘Gas Pipeline proposed pre-filing review procedures would not have such an effect. Under Certificates: Construction, Acquisition on an annual basis. The Commission the industry standards used for and Abandonment,’’ identifies the anticipates that this number will purposes of the RFA, a natural gas Commission’s information collections include no more than five prospective pipeline company qualifies as ‘‘a small relating to Part 157 of its regulations, applicants for LNG terminal facilities. entity’’ if it has annual revenues of $6 which apply to natural gas facilities for During the four years that prospective million or less. which authorization under section 7 of applicants have had the option of using 35. Most companies regulated by the the NGA is required. Such facilities will the Commission’s current voluntary pre- Commission do not fall within the be subject to the mandatory pre-filing filing procedures, all but three RFA’s definition of a small entity.10 review required by proposed section prospective applicants for LNG terminal Based on the Commission’s experience 157.21 only if they are included within projects have elected to undertake the using the proposed pre-filing the definition of LNG terminal facilities, pre-filing procedures. Thus, the procedures, they will only be used for as defined in proposed section 153.2(d) adoption of mandatory pre-filing major construction projects. Most, if not or, more likely, are necessary to procedures for LNG facilities is not all, LNG-related projects subject to transport regasified gas away from LNG expected to significantly increase the mandatory pre-filing review would be terminal facilities. A prospective number of prospective LNG applicants projects costing millions of dollars. applicant for non-LNG related NGA that use the pre-filing procedures, as Most, if not all, non-LNG related section 7 facilities may choose to mandated by Congress in EPAct 2005. projects for which prospective request approval to undertake the pre- 43. The burden estimates for applicants will elect to use the proposed filing procedures in proposed section complying with additional filing pre-filing procedures will be projects 157.21. requirements of this rule pursuant to the costing millions of dollars. Because of 39. FERC–577, ‘‘Gas Pipeline procedures in proposed new section the scale and nature of projects likely to Certificates: Environmental Impact 157.21 are set forth below. As reflected, be reviewed under the pre-filing Statement,’’ identifies the Commission’s the burden estimates are higher for a procedures, the Commission doubts that information collections relating to Part respondent/prospective applicant for any existing or new company using the 380 implementing NEPA requirements LNG terminal facilities than for a
8 18 CFR 380.4(a)(2)(ii) (2005). Business Act defines a ‘‘small-business concern’’ as 11 5 CFR 1320.11 (2005). 9 5 U.S.C. 601–612. a business which is independently-owned and 12 44 U.S.C. 3507(d) (2005). 10 5 U.S.C. 601(3), citing to section 3 of the Small operated and which is not dominant in its field of 13 5 CFR 1320.13 (2005). Business Act, 15 U.S.C. 623. Section 3 of the Small operation.
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52333
respondent/prospective applicant for other natural gas facilities.
Number of Number of Hours per Total annual Data collection respondents responses response hours
FERC–537 ...... 10 1 47 470
FERC–539 ...... 10 1 103 1,030 FERC–577 ...... 20 1 1,402 28,040
Totals ...... 29,540
From these burden estimates must be Necessity of Information: On August Washington, DC 20426 (Attention: subtracted the original data collection 8, 2005, Congress enacted EPAct 2005. Michael Miller, Office of the Executive requirements in OMB’s record relating Section 311(d) of EPAct 2005 amends Director, 202–502–8415, fax: 202–273– to section 157.22 which this notice the NGA to insert a new section, section 0873, e-mail: [email protected]. proposes to remove from the 3A, which requires that the Commission 45. For submitting comments Commission’s regulations. The numbers shall promulgate regulations on the pre- concerning the collection of information in OMB’s record for section 157.22 are: filing process for LNG terminals within and the associated burden estimate(s) FERC–537: 13,230 hours. 60 days from enactment of EPAct 2005. including suggestions for reducing this FERC–539: 270 hours. Congress and the Commission consider burden, please send your comments to FERC–577: 13,580 hours. the promulgation of these regulations to the contact listed above and to the When the burden estimates for be a matter of critical importance to the Office of Management and Budget, proposed section 157.21 are reduced to state and local safety concerns regarding Room 10202 NEOB, 725 17th Street, reflect the removal of section 157.22, the the construction and development of NW., Washington, DC 20503 (Attention: net data collection estimates for this LNG terminals. The Commission must Desk Officer for the Federal Energy rule are: issue a final rule by October 7, 2005. Regulatory Commission, 202–395–4650, FERC–537: ¥12,760 hours. The Commission seeks emergency fax: 202–395–7285). FERC–539: 760 hours. processing of this proposed information VI. Public Comment and Expedited FERC–577: 14,460 hours. collection because the use of normal Procedures Total: 2,460 hours (net increase). clearance procedures is reasonably 46. EPAct 2005 mandates that the Total Annual Hours for Collection: likely to cause a statutory deadline to be Commission promulgate regulations 2,460 hours. For LNG terminal facilities missed. The proposed rule revises the implementing the pre-filing process requirements contained in 18 CFR parts and LNG-related pipeline facilities, within 60 days of the date of its 157 and 153 to add a requirement that these are mandatory information enactment. Therefore, the Commission applicants for authorization to construct collection requirements. For non-LNG intends to promulgate final regulations LNG terminals must comply with a pre- related natural gas facilities, these by October 7, 2005. To that end, public filing process and that such process information collection requirements are comments on this notice are due on must commence at least 6 months prior voluntary but are still subject to OMB September 14, 2005. review. to the filing of any application with the 47. The Commission invites interested Information Collection Costs: The Commission for authorization to persons to submit comments on the Commission seeks comments on the construct such facilities. matters and issues proposed in this cost to comply with these requirements. Internal Review: The Commission has notice to be adopted, including any It has projected the average annualized assured itself, by means of internal related matters or alternative proposals cost for all respondents to be $4,920,000 review, that there is specific, objective that commenters may wish to discuss. × × (2,460 hours $100.00 per hour 20 support for the burden estimates The Commission will carefully weigh respondents). associated with the information and consider all public comments Title: FERC–537 ‘‘Gas Pipeline requirements. The Commission’s Office received. Certificates: Construction, Acquisition of Energy Projects will review the data 48. Comments must refer to Docket and Abandonment’’; FERC–539, ‘‘Gas included in the application to determine No. RM05–31 and must include the Pipeline Certificates: Import/Export whether the proposed facilities are in commenters’ names, the organization Related’’; FERC–577, ‘‘Gas Pipeline the public interest as well as for general they represent, if applicable, and their Certificates: Environmental Impact industry oversight. This determination address. Comments may be filed either Statement.’’ involves, among other things, an in electronic or paper format. Action: Proposed Information examination of adequacy of design, cost, 49. Comments may be filed Collection. reliability, redundancy, safety and electronically via the eFiling link on the OMB Control Nos.: 1902–0060 (FERC– environmental acceptability of the Commission’s Web site at http:// 537); 1902–0062 (FERC–539); 1902– proposed facilities. These requirements www.ferc.gov. The Commission accepts 0128 (FERC–577). The applicant shall conform to the Commission’s plan for most standard word processing formats not be penalized for failure to respond efficient information collection, and commenters may attach additional to these collections of information communication and management within files with supporting information in unless the collections of information the natural gas industry. certain other file formats. Commenters display valid OMB control numbers. 44. Interested person may obtain filing electronically do not need to make Respondents: Business or other for information on the reporting a paper filing. Commenters that are not profit. requirements by contacting the able to file comments electronically Frequency of Responses: One-time following: Federal Energy Regulatory must send an original and 14 copies of implementation. Commission, 888 First Street, NE., their comments to: Federal Energy
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52334 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules
Regulatory Commission, Office of the amended by E.O. 12038, 3 CFR, 1978 Comp., (b) For the purposes of § 157.21 of this Secretary, 888 First Street NE., p. 136, DOE Delegation Order No. 0204–112, Part, Director means the Director of the Washington, DC 20426. 49 FR 6684 (February 22, 1984). Commission’s Office of Energy Projects. 50. All comments will be placed in 2. In § 153.2, a new paragraph (d) is 7. Section 157.21 is added, to read as the Commission’s public files and may added, to read as follows: follows: be viewed, printed, or downloaded remotely as described in the Document § 153.2 Definitions. § 157.21 Pre-filing procedures and review Availability section below. Commenters * * * * * process for LNG terminal facilities and other natural gas facilities prior to filing of on this proposal are not required to (d) LNG Terminal means all natural applications. serve copies of their comments on other gas facilities located onshore or in state commenters. waters that are used to receive, unload, (a) LNG terminal facilities and load, store, transport, gasify, liquefy, or associated jurisdictional pipeline VII. Document Availability process natural gas that is imported to facilities. A prospective applicant for 51. In addition to publishing the full the United States from a foreign authorization to site, construct and text of this document in the Federal country, exported to a foreign country operate facilities included within the Register, the Commission provides all from the United States, or transported in definition of ‘‘LNG terminal,’’ as defined interested persons an opportunity to interstate commerce by a waterborne in 18 CFR 153.2(d), and any prospective view and/or print the contents of this vessel, but does not include: applicant for associated jurisdictional document via the Internet through (1) Waterborne vessels used to deliver pipeline facilities must comply with FERC’s Home Page (http://www.ferc.gov) natural gas to or from any such facility; this section’s pre-filing procedures and and in FERC’s Public Reference Room or review process. These mandatory pre- during normal business hours (8:30 a.m. (2) Any pipeline or storage facility filing procedures also shall apply when to 5 p.m. Eastern time) at 888 First subject to the jurisdiction of the the Director finds in accordance with Street, NE., Room 2A, Washington DC Commission under section 7 of the paragraph (e)(2) of this section that 20426. Natural Gas Act. prospective modifications to an existing 52. From FERC’s Home Page on the 3. In § 153.6, a new paragraph (c) is LNG terminal are significant Internet, this information is available in added, to read as follows: modifications that involve state and the Commission’s document local safety considerations. management system, eLibrary. The full § 153.6 Time of filing. When a prospective applicant is text of this document is available on * * * * * required by this paragraph to comply eLibrary in PDF and Microsoft Word (c) When a prospective applicant for with this section’s pre-filing procedures: format for viewing, printing, and/or authorization for LNG terminal (1) The prospective applicant must downloading. To access this document facilities, associated jurisdictional make a filing containing the material in eLibrary, type the docket number natural gas facilities or modifications to identified in paragraph (d) of this excluding the last three digits of this existing LNG terminal facilities is section and concurrently file a Letter of document in the docket number field. required by 18 CFR 157.21(a) to comply Intent and a Preliminary Waterway 53. User assistance is available for with that section’s pre-filing procedures, Suitability Assessment (WSA) with the eLibrary and the FERC’s Web site during no application for such authorization U.S. Coast Guard. Information normal business hours. For assistance, may be made before 180 days after the concerning the documents to be filed please contact FERC Online Support at date of issuance of the notice by the with the Coast Guard may be found in 1–866–208–3676 (toll free) or 202–502– Director of the Office of Energy Projects, the U.S. Coast Guard Navigation and 6652 (e-mail at as provided in 18 CFR 157.21(e), of the Vessel Inspection Circular No. 05–05, [email protected]), or the commencement of the prospective dated June 14, 2005. Public Reference Room at 202–502– applicant’s pre-filing process under 18 (2) An application: 8371, TTY (202) 502–8659 (e-mail at CFR 157.21. (i) Shall not be filed until at least 180 [email protected]). 4. Section 153.12 is removed. days after the date that the Director issues notice pursuant to paragraph (e) List of Subjects in 18 CFR Part 157 PART 157—APPLICATIONS FOR of this section of the commencement of Administrative practice and CERTIFICATES OF PUBLIC the prospective applicant’s pre-filing procedure; Natural gas; Reporting and CONVENIENCE AND NECESSITY AND process; and recordkeeping requirements. FOR ORDERS PERMITTING AND (ii) Shall contain all the information By direction of the Commission. APPROVING ABANDONMENT UNDER specified by the Commission staff after Magalie R. Salas, SECTION 7 OF THE NATURAL GAS reviewing the draft materials filed by Secretary. ACT the prospective applicant during the pre-filing process, including required In consideration of the foregoing, the 5. The authority citation for part 157 environmental material in accordance Commission proposes to amend parts continues to read as follows: with the provisions of Part 380 of this 153, 157 and 375 of Chapter I, Title 18, Authority: 15 U.S.C. 717–717w; 3301– chapter, ‘‘Regulations Implementing the Code of Federal Regulations, as follows: 3432; 42 U.S.C. 7101–7352. National Environmental Policy Act.’’ PART 153—APPLICATIONS FOR 6. In § 157.1, the introductory text is (3) The prospective applicant must AUTHORIZATION TO CONSTRUCT, designated as paragraph (a), the provide sufficient information for the OPERATE, OR MODIFY FACILITIES definition of Indian tribe is designated pre-filing review of any pipeline or USED FOR THE EXPORT OR IMPORT as paragraph (a)(1), the definition of other natural gas facilities, including OF NATURAL GAS Resource agency is designated as facilities not subject the Commission’s paragraph (a)(2), and a paragraph (b) is Natural Gas Act jurisdiction, which are 1. The authority citation for part 153 added to read as follows: necessary to transport regasified LNG continues to read as follows: from the subject LNG terminal facilities Authority: 15 U.S.C. 717b, 717o; E.O. § 157.1 Definitions. to the existing natural gas pipeline 10485, 3 CFR, 1949–1953 Comp., p. 970, as * * * * * infrastructure.
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52335
(b) Other natural gas facilities. When (2) For LNG terminal facilities, a review process. If the Direct determines a prospective applicant for description of the zoning and that the prospective modifications are authorization for natural gas facilities is availability of the proposed site and significant modifications that involve not required by paragraph (a) of this marine facility location. state and local safety considerations, the section to comply with this section’s (3) For natural gas facilities other than Director’s notice will state that the pre- pre-filing procedures, the prospective LNG terminal facilities and associated filing procedures shall apply, and the applicant may file a request seeking jurisdictional facilities, an explanation pre-filing process shall be deemed to approval to use the pre-filing of why the prospective applicant is have commenced on the date of the procedures. requesting to use the pre-filing process Director’s notice in determining (1) A request to use the pre-filing under this section. whether the date an application is filed procedures must contain the material (4) A detailed description of the is at least 180 days after commencement identified in paragraph (d) of this project that will serve as the initial of the pre-filing process. section; and discussion point for stakeholder review. (f) Upon the Director’s issuance of a (2) If a prospective applicant for non- (5) A list of the relevant federal and notice commencing a prospective LNG terminal facilities is approved to state agencies in the project area with applicant’s pre-filing process, the use this section’s pre-filing procedures: permitting requirements, and a prospective applicant must: (i) The application will normally not statement indicating that those agencies (1) Within seven days and after be filed until at least 180 days after the are aware of the prospective applicant’s consultation with Commission staff, date that the Director issues notice intention to use the pre-filing process establish the dates and locations at pursuant to paragraph (e) of this section (including contact names and telephone which the prospective applicant will approving the prospective applicant’s numbers), and whether the agencies conduct open houses and meetings with request to use the pre-filing procedures have agreed to participate in the stakeholders (including agencies) and under this section and commencing the process. Commission staff. prospective applicant’s pre-filing (6) A list and description of the (2) Within 14 days, conclude the process. However, a prospective interest of other persons and contract with the selected third-party applicant approved by the Director organizations who have been contacted contractor. pursuant to paragraph (e)(2) of this about the project (including contact (3) Within 14 days, contact all section to undertake the pre-filing names and telephone numbers). stakeholders not already informed about process is not prohibited from filing an (7) A description of what work has the project. application at an earlier date, if already been done, e.g., contacting (4) Within 30 days, submit a necessary; and stakeholders, agency consultations, stakeholder mailing list to Commission (ii) The application shall contain all project engineering, route planning, staff. the information specified by the environmental and engineering (5) Within 30 days, file a draft of Commission staff after reviewing the contractor engagement, environmental Resource Report 1, in accordance with draft materials filed by the prospective surveys/studies, and open houses. 18 CFR 380.12(c), and a summary of the applicant during the pre-filing process, (8) Proposals for at least three alternatives considered or under including required environmental prospective third-party contractors from consideration. material in accordance with the which Commission staff may make a (6) On a monthly basis, file status provisions of Part 380 of this chapter, selection to assist in the preparation of reports detailing the applicant’s project ‘‘Regulations Implementing the National the requisite NEPA document. activities including surveys, stakeholder Environmental Policy Act.’’ (9) Acknowledgement that a complete communications, and agency meetings. (c) Initial consultation. A prospective Environmental Report and complete (7) Be prepared to provide a applicant required or requesting to use application are required at the time of description of the proposed project and the pre-filing process must first consult filing; and to answer questions from the public at with the Director on the nature of the (10) A description of a Public the scoping meetings held by OEP staff. project, the content of the pre-filing Participation Plan which identifies (8) Be prepared to attend site visits request, and the status of the specific tools and actions to facilitate and other stakeholder and agency prospective applicant’s progress toward stakeholder communications and public meetings arranged by the Commission obtaining the information required for information, including a project Web staff, as required. the pre-filing request described in site and a single point of contact. (9) Within 14 days of the end of the paragraph (d) of this section. This (e) Director’s notices. scoping comment period, respond to consultation will also include (1) When the Director finds that a issues raised during scoping. discussion of the specifications for the prospective applicant has adequately (10) Within 60 days of the end of the applicant’s solicitation for prospective addressed the requirements of scoping comment period, file draft third-party contractors to prepare the paragraphs (a) through (d) of this Resource Reports 1 through 12. environmental documentation for the section, the Director shall issue a notice (11) At least 60 days prior to filing an project. of such finding. The pre-filing process application, file revised draft Resource (d) Contents of the initial filing. A shall be deemed to have commenced on Reports 1 through 12, if requested by prospective applicant’s initial filing the date of the Director’s notice, and the Commission staff. pursuant to paragraph (a)(1) of this date of such notice shall be used in (12) At least 90 days prior to filing an section for LNG terminal facilities and determining whether the date an application, file draft Resource Report associated jurisdictional pipeline application is filed is at least 180 days 13 (for LNG terminal facilities). facilities or paragraph (b)(1) of this after commencement of the pre-filing (13) Certify that a Follow-on WSA section for other natural gas facilities process. will be submitted to the U. S. Coast shall include the following information: (2) The Director shall issue a notice Guard no later than the filing of an (1) A description of the schedule making a determination whether application with the Commission (for desired for the project including the prospective modifications to an existing LNG terminal facilities). expected application filing date and the LNG terminal shall be subject to this (g) Commission staff and third-party desired date for Commission approval. section’s pre-filing procedures and contractor involvement during the pre-
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52336 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules
filing process will be designed to fit DEPARTMENT OF HOMELAND feddocket, including any personal each project and will include some or SECURITY information provided. all of the following: FOR FURTHER INFORMATION CONTACT: Customs and Border Protection (1) Assisting the prospective applicant Dennis Dore, Office of Field Operations, 202–344–2776. in developing initial information about 19 CFR Part 101 the proposal and identifying affected SUPPLEMENTARY INFORMATION: parties (including landowners, agencies, [DHS–2005–0057] Background and other interested parties). Establishment of New Port of Entry at As part of its continuing efforts to (2) Issuing an environmental scoping Sacramento, CA; Realignment of the provide better service to carriers, notice and conducting such scoping for Port Limits of the Port of Entry at San importers, and the general public, the the proposal. Francisco, CA Department of Homeland Security (3) Facilitating issue identification (DHS), Bureau of Customs and Border AGENCY: Customs and Border Protection, and resolution. Protection (CBP), is proposing to DHS. (4) Conducting site visits, examining establish a new port of entry at ACTION: Notice of proposed rulemaking. alternatives, meeting with agencies and Sacramento, California. The new port of entry would include stakeholders, and participating in the SUMMARY: This rule proposes to amend all the territory within the following prospective applicant’s public the Department of Homeland Security areas: (i) The corporate limits of information meetings. regulations pertaining to the field Sacramento, including the adjacent (5) Reviewing draft Resource Reports. organization of the Bureau of Customs territory comprised of McClellan and Border Protection by establishing a (6) Initiating the preparation of a Airport in Sacramento County; (ii) all new port of entry at Sacramento, territory on the San Joaquin River in preliminary Environmental Assessment California, and terminating the user fee or Draft Environmental Impact Contra Costa and San Joaquin Counties, status of Sacramento International to and including Stockton; (iii) from Statement, the preparation of which Airport. In order to accommodate this may involve cooperating agency review. Sacramento, southwest along U.S. new port of entry, this rule proposes to Interstate 80, east along Airbase (h) A prospective applicant using the realign the port boundaries of the port Parkway, to and including the territory pre-filing procedures of this section of entry at San Francisco, California comprising Travis Air Force Base; (iv) shall comply with the procedures in 18 since these boundaries currently all points on the Sacramento River in CFR 388.112 for the submission of encompass an area that is to be included Solano, Yolo and Sacramento Counties, documents containing critical energy within the new port of Sacramento. This from the junction of the Sacramento infrastructure information, as defined in change is part of the Bureau of Customs River with the San Joaquin River in 18 CFR 388.113. and Border Protection’s continuing Sacramento County, to and including program to utilize more efficiently its Sacramento, California; and (v) all § 157.22 [Removed] personnel, facilities, and resources to points on the Sacramento River Deep provide better service to carriers, 8. Section 157.22 is removed. Water Ship Channel in Solano, Yolo and importers, and the general public. Sacramento Counties, (a) from and PART 375—THE COMMISSION DATES: Comments must be received on including, the junction of Cache Slough or before November 1, 2005. with the Sacramento River, to and 8a. The authority citation for part 375 ADDRESSES: Comments, identified by including Sacramento; and (b) from continues to read as follows: docket number DHS–2005–0057, may be Sacramento northwest along Interstate 5 Authority: 5 U.S.C. 551–557; 15 U.S.C. submitted by one of the following to Airport Boulevard, north along 717–717w, 3301–3432; 16 U.S.C. 791–825r, methods: Airport Boulevard, to and including the 2601–2645; 42 U.S.C. 7101–7352. EPA Federal Partner EDOCKET Web territory comprising the Sacramento Site: http://www.epa.gov/feddocket. International Airport in Sacramento 9. In § 375.308, paragraph (z) is Follow instructions for submitting County. All of the territory included in revised to read as follows: comments on the Web site. the new port of Sacramento is located Federal eRulemaking Portal: http:// within the State of California. § 375.308 Delegations to the Director of www.regulations.gov. Follow the Sacramento International Airport the Office of Energy Projects. instructions for submitting comments. currently is a user fee airport. User fee * * * * * Mail: Comments by mail are to be airports do not qualify for designation (z) Approve, on a case-specific basis, addressed to the Bureau of Customs and by CBP as international airports (which and make such decisions and issue Border Protection, Office of Regulations are a specific type of CBP port of entry) guidance as may be necessary in and Rulings, Regulations Branch, 1300 based on the volume of their business, connection with the use of the pre-filing Pennsylvania Avenue, NW. (Mint but are approved by the Commissioner Annex), Washington, DC 20229. of CBP to receive the services of CBP procedures in 18 CFR 157.21, ‘‘Pre-filing Submitted comments by mail may be officers for the processing of aircraft procedures and review process for LNG inspected at the Bureau of Customs and entering the United States and their terminal facilities and other natural gas Border Protection, 799 9th Street, NW., passengers and cargo. Unlike the facilities prior to filing of applications.’’ Washington, DC. To inspect comments, situation at an international airport, the [FR Doc. 05–17480 Filed 9–1–05; 8:45 am] please call (202) 572–8768 to arrange for availability of customs services at a user BILLING CODE 6717–01–P an appointment. fee airport is not paid for out of Instructions: All submissions received appropriations from the general treasury must include the agency name and of the United States. Instead, customs docket number for this rulemaking. All services are provided on a fully comments received will be posted reimbursable basis to be paid for by the without change to http://www.epa.gov/ airport on behalf of the recipients of the
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52337
services; the airport pays a fee for (2) 2,500 formal consumption entries International Airport for calendar year customs services and then seeks (each valued over $2,000 and no more 2005. Additionally, the Sacramento reimbursement from the actual users of than half of the 2,500 entries being Seaport services approximately 800 those services. This proposal, if attributed to one private party), with the vessels per year and averages 1,000,000 adopted, would terminate the user fee applicant location committing to tons of cargo. status of Sacramento International optimal use of electronic data input CBP facilities are already in place at Airport and therefore also terminate the means to permit integration with any the proposed port of Sacramento and system of reimbursable fees for the CBP system for electronic processing of will continue to be provided at no cost Sacramento International Airport. entries; to the Federal Government. The Sacramento International Airport, (3) For land border ports, 150,000 Sacramento County Airport System has however, would become subject to the vehicles; spent $3,200,000 for the reconstruction passenger-processing fee provided for (4) 2,000 scheduled international of the International Arrivals Building at under 19 U.S.C. 58c(a)(5)(B). aircraft arrivals (passengers and/or the Sacramento airport. A large The current port limits of the port of crew); or technology sector is located in the entry at San Francisco, California (San (5) 350 cargo vessel arrivals. Sacramento area, including seven of the Francisco-Oakland), which are Finally, facilities at the proposed port ten largest manufacturers in the region described in Treasury Decision (T.D.) of entry must include, where involved in the research and 82–9 published at 47 FR 1286 (January appropriate, wharfage and anchorage development of advanced technology 12, 1982), include the proposed port of adequate for oceangoing vessels, cargo items. The Metro Air Park, adjacent to Sacramento. Accordingly, if Sacramento and passenger facilities, warehouse the Sacramento International Airport, is established as a port of entry with the space for the secure storage of imported has been zoned for 21 million square geographical limits described in this cargo pending final CBP inspection and feet of warehousing, office, retail and document, the geographical limits of the release, and administrative office space, high technology space, in anticipation port of entry at San Francisco-Oakland inspection areas, storage areas, and of the formation of a port of entry at would be modified. The geographical other space as necessary for regular CBP Sacramento. CBP believes that the limits of the port of San Francisco- operations. establishment of a new port in the local area will provide significant benefits to Oakland would include all the territory Sacramento’s Workload Statistics within the corporate limits of San the Sacramento-area community by Francisco and Oakland; all points on the This proposed rule to establish the providing enhanced business San Francisco Bay, San Pablo Bay, Sacramento, California area as a port of competitiveness for existing enterprises Carquinez Strait and Suisan Bay. entry is based on CBP’s analysis of the and enabling the retention and following information: expansion of the number of jobs in the Port of Entry Criteria 1. Sacramento, California and the area. The criteria considered by CBP in Sacramento International Airport are This rule also proposes the determining whether to establish a port serviced by four modes of realignment of the port of entry at San of entry are found in T.D. 82–37 transportation: Francisco-Oakland to allow for the new published at 47 FR 10137 (March 9, (a) rail (Amtrak); port of Sacramento. The port of entry at 1982), subsequently revised and (b) air (Sacramento International San Francisco-Oakland will continue to amended by T.D. 86–14 published at 51 Airport, McClellan Airport and Travis satisfy the criteria for a port of entry FR 4559 (February 5, 1986) and T.D. 87– Air Force Base); even after the proposed realignment. 65 published at 52 FR 16328 (May 4, (c) highway (Interstate 5 and Interstate San Francisco International Airport 1987). Under these criteria, CBP will 80); and alone, processed 3,685,519 international evaluate whether there is a sufficient (d) water (Sacramento Seaport on the passengers and crew during 2004. The volume of import business (actual or Sacramento River, Stockton Seaport). San Francisco area includes a potential) to justify the expense of 2. The area within the immediate population of well over 300,000 and is maintaining a new office or expanding service area (approximately a 70-mile serviced by four major modes of service at an existing location. radius of Sacramento International transportation (air, rail, water and Specifically, CBP will consider Airport) currently has a population highway). whether the proposed port of entry exceeding 2,000,000 persons. Proposed Amendments to Regulations location can: 3. Regarding the actual or potential (1) Demonstrate that the benefits to be workload criteria, during calendar year If the proposed port of entry derived justify the Federal Government 2003, 25,560 international air designation is adopted, the list of CBP expense involved; passengers deplaned at Sacramento ports of entry at 19 CFR 101.3(b)(1) will (2) Except in the case of land border International Airport via Mexicana be amended to add Sacramento as a port ports, be serviced by at least two major Airlines. This number of international of entry in California and to reflect the modes of transportation (rail, air, water, air passengers exceeds the criteria new boundaries of the San Francisco- or highway); and requirement of 15,000 international Oakland port of entry. (3) Except in the case of land border passengers within one year by 10,560. Comments ports, have a minimum population of From January 1, 2004 through October 300,000 within the immediate service 30, 2004, 20,352 international air Before adopting this proposal as a area (approximately a 70-mile radius). passengers deplaned at Sacramento final rule, consideration will be given to In addition, one of the following five International Airport, also via Mexicana any written comments timely submitted actual or potential workload criteria Airlines. New international service for to CBP, including comments on the (minimum number of transactions per Mexicana Airlines began in December clarity of this proposed rule and how it year), or an appropriate combination 2004, adding three additional cities in may be made easier to understand. thereof, must be met in the area to be Mexico for service to Sacramento Comments submitted will be available serviced by the proposed port of entry: International Airport, resulting in a for public inspection in accordance with (1) 15,000 international air projected total of 55,000 deplaned the Freedom of Information Act (5 passengers; international passengers at Sacramento U.S.C. 552) and 19 CFR 103.11(b), on
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52338 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules
regular business days between the hours ACTION: Notice of proposed rulemaking. 30-day comment period is sufficient to of 9 a.m. and 4:30 p.m. at the allow those who might be affected by Regulations Branch, Office of SUMMARY: The Coast Guard proposes to this rulemaking to submit their Regulations and Rulings, Customs and establish temporary special local comments because the regulations have Border Protection, 799 9th Street, NW., regulations for the ‘‘Hampton Roads a narrow, local application, and there 5th Floor, Washington, DC. Sailboard Classic’’, a marine event to be will be local notifications in addition to Arrangements to inspect submitted held October 29 and 30, 2005 on the the Federal Register publication such as comments should be made in advance waters of Willoughby Bay, Norfolk, press releases, marine information by calling Mr. Joseph Clark at (202) 572– Virginia. These special local regulations broadcasts, and the Local Notice to 8768. are necessary to provide for the safety of Mariners. life on navigable waters during the Authority event. This action is intended to restrict Public Meeting This change is proposed under the vessel traffic in portions of Willoughby We do not now plan to hold a public authority of 5 U.S.C. 301 and 19 U.S.C. Bay during the event. meeting. But you may submit a request 2, 66, and 1624. DATES: Comments and related material for a meeting by writing to the address listed under ADDRESSES explaining why Executive Order 12866 and the must reach the Coast Guard on or before one would be beneficial. If we Regulatory Flexibility Act October 3, 2005. ADDRESSES: You may mail comments determine that one would aid this With DHS approval, CBP establishes, and related material to Commander rulemaking, we will hold one at a time expands and consolidates CBP ports of (oax), Fifth Coast Guard District, 431 and place announced by a later notice entry throughout the United States to Crawford Street, Portsmouth, Virginia in the Federal Register. accommodate the volume of CBP-related 23704–5004, hand-deliver them to Background and Purpose activity in various parts of the country. Room 119 at the same address between The Office of Management and Budget 9 a.m. and 2 p.m., Monday through On October 29 and 30, 2005, the has determined that this regulatory Friday, except Federal holidays, or fax Windsurfing Enthusiasts of Tidewater proposal is not a significant regulatory them to (757) 398–6203. The Auxiliary will sponsor the ‘‘Hampton Roads action as defined under Executive Order and Recreational Boating Safety Branch, Sailboard Classic’’, on the waters of 12866. This proposed rule also will not Fifth Coast Guard District, maintains the Willoughby Bay, Norfolk, Virginia. The have significant economic impact on a public docket for this rulemaking. event will consist of approximately 30 substantial number of small entities. Comments and material received from sailboards racing in heats along several Accordingly, CBP certifies that this the public, as well as documents courses within Willoughby Bay. document is not subject to the indicated in this preamble as being Spectator vessels are anticipated to additional requirements of the available in the docket, will become part gather near the event site to view the provisions of the Regulatory Flexibility of this docket (CGD05–05–098) and will competition. To provide for the safety of Act (5 U.S.C. 601 et seq.). be available for inspection or copying at event participants, spectators and transiting vessels during the event, the Signing Authority the above address between 9 a.m. and 2 Coast Guard will temporarily restrict The signing authority for this p.m., Monday through Friday, except Federal holidays. vessel movement in the event area document falls under 19 CFR 0.2(a) during the sailboard races. because the establishment of a new port FOR FURTHER INFORMATION CONTACT: of entry and the termination of the user- Dennis Sens, Project Manager, Auxiliary Discussion of Proposed Rule fee status of an airport are not within and Recreational Boating Safety Branch, The Coast Guard proposes to establish the bounds of those regulations for at (757) 398–6204. temporary special local regulations on which the Secretary of the Treasury has SUPPLEMENTARY INFORMATION: specified waters of Willoughby Bay. This rule will be enforced from 9 a.m. retained sole authority. Accordingly, the Request for Comments notice of proposed rulemaking may be to 5 p.m. on October 29 and 30, 2005, signed by the Secretary of Homeland We encourage you to participate in and will restrict general navigation in Security (or his or her delegate). this rulemaking by submitting the regulated area during the sailboard comments and related material. If you Dated: August 26, 2005. race. Except for participants and vessels do so, please include your name and Michael Chertoff, authorized by the Coast Guard Patrol address, identify the docket number for Commander, no person or vessel will be Secretary. this rulemaking (CGD05–05–098), allowed to enter or remain in the [FR Doc. 05–17536 Filed 9–1–05; 8:45 am] indicate the specific section of this regulated area during the enforcement BILLING CODE 4820–02–P document to which each comment period. Non-participating vessels applies, and give the reason for each desiring to transit Willoughby Bay comment. Please submit all comments during the event will be able to navigate DEPARTMENT OF HOMELAND and related material in an unbound safely around the regulated area. These SECURITY format, no larger than 81⁄2 by 11 inches, regulations are needed to control vessel suitable for copying. If you would like traffic during the event to enhance the Coast Guard to know they reached us, please enclose safety of participants, spectators and a stamped, self-addressed postcard or transiting vessels. 33 CFR Part 100 envelope. We will consider all Regulatory Evaluation [CGD05–05–098] comments and material received during the comment period. We may change This proposed rule is not a RIN 1625–AA08 this proposed rule in view of them. ‘‘significant regulatory action’’ under Special Local Regulations for Marine In order to provide notice and an section 3(f) of Executive Order 12866, Events; Willoughby Bay, Norfolk, VA opportunity to comment before issuing Regulatory Planning and Review, and an effective rule, we are providing a does not require an assessment of AGENCY: Coast Guard, DHS. shorter than normal comment period. A potential costs and benefits under
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52339
section 6(a)(3) of that Order. The Office qualifies and how and to what degree eliminate ambiguity, and reduce of Management and Budget has not this rule would economically affect it. burden. reviewed it under that Order. It is not Assistance for Small Entities Protection of Children ‘‘significant’’ under the regulatory policies and procedures of the Under section 213(a) of the Small We have analyzed this proposed rule Department of Homeland Security Business Regulatory Enforcement under Executive Order 13045, (DHS). Fairness Act of 1996 (Pub. L. 104–121), Protection of Children from We expect the economic impact of we want to assist small entities in Environmental Health Risks and Safety this proposed rule to be so minimal that understanding this proposed rule so that Risks. This rule is not an economically a full Regulatory Evaluation under the they can better evaluate its effects on significant rule and would not create an regulatory policies and procedures of them and participate in the rulemaking. environmental risk to health or risk to DHS is unnecessary. If the rule would affect your small safety that might disproportionately Although this proposed regulation business, organization, or governmental affect children. will prevent traffic from transiting a jurisdiction and you have questions Indian Tribal Governments portion of Willoughby Bay during the concerning its provisions or options for event, the effect of this regulation will compliance, please contact the address This proposed rule does not have not be significant because transiting listed under ADDRESSES. The Coast tribal implications under Executive vessels will be able to safely navigate Guard will not retaliate against small Order 13175, Consultation and around the regulated area. Extensive entities that question or complain about Coordination with Indian Tribal advance notifications will be made to this rule or any policy or action of the Governments, because it would not have the maritime community via Local Coast Guard. a substantial direct effect on one or Notice to Mariners, marine information more Indian tribes, on the relationship broadcasts, local radio stations and area Collection of Information between the Federal Government and newspapers, so mariners can adjust This proposed rule would call for no Indian tribes, or on the distribution of their plans accordingly. Additionally, new collection of information under the power and responsibilities between the the regulated area has been narrowly Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. tailored to impose the least impact on U.S.C. 3501–3520.). Energy Effects general navigation yet provide the level of safety deemed necessary. Federalism We have analyzed this proposed rule A rule has implications for federalism under Executive Order 13211, Actions Small Entities under Executive Order 13132, Concerning Regulations That Under the Regulatory Flexibility Act Federalism, if it has a substantial direct Significantly Affect Energy Supply, (5 U.S.C. 601–612), we have considered effect on State or local governments and Distribution, or Use. We have whether this proposed rule would have would either preempt State law or determined that it is not a ‘‘significant a significant economic impact on a impose a substantial direct cost of energy action’’ under that order because substantial number of small entities. compliance on them. We have analyzed it is not a ‘‘significant regulatory action’’ The term ‘‘small entities’’ comprises this proposed rule under that Order and under Executive Order 12866 and is not small businesses, not-for-profit have determined that it does not have likely to have a significant adverse effect organizations that are independently implications for federalism. on the supply, distribution, or use of owned and operated and are not energy. The Administrator of the Office dominant in their fields, and Unfunded Mandates Reform Act of Information and Regulatory Affairs governmental jurisdictions with The Unfunded Mandates Reform Act has not designated it as a significant populations of less than 50,000. of 1995 (2 U.S.C. 1531–1538) requires energy action. Therefore, it does not The Coast Guard certifies under 5 Federal agencies to assess the effects of require a Statement of Energy Effects U.S.C. 605(b) that this proposed rule their discretionary regulatory actions. In under Executive Order 13211. would not have a significant economic particular, the Act addresses actions Technical Standards impact on a substantial number of small that may result in the expenditure by a entities. This proposed rule would affect State, local, or tribal government, in the The National Technology Transfer the following entities, some of which aggregate, or by the private sector of and Advancement Act (NTTAA) (15 might be small entities: The owners or $100,000,000 or more in any one year. U.S.C. 272 note) directs agencies to use operators of vessels intending to transit Though this proposed rule would not voluntary consensus standards in their this section of Willoughby Bay during result in such an expenditure, we do regulatory activities unless the agency the event. discuss the effects of this rule elsewhere provides Congress, through the Office of This proposed rule would not have a in this preamble. Management and Budget, with an significant economic impact on a explanation of why using these substantial number of small entities for Taking of Private Property standards would be inconsistent with the following reasons. Transiting vessels This proposed rule would not effect a applicable law or otherwise impractical. will be able to safely navigate around taking of private property or otherwise Voluntary consensus standards are the regulated area. Before the have taking implications under technical standards (e.g., specifications enforcement period, we will issue Executive Order 12630, Governmental of materials, performance, design, or maritime advisories so mariners can Actions and Interference with operation; test methods; sampling adjust their plans accordingly. Constitutionally Protected Property procedures; and related management If you think that your business, Rights. systems practices) that are developed or organization, or governmental adopted by voluntary consensus jurisdiction qualifies as a small entity Civil Justice Reform standards bodies. and that this rule would have a This proposed rule meets applicable This proposed rule does not use significant economic impact on it, standards in sections 3(a) and 3(b)(2) of technical standards. Therefore, we did please submit a comment (see Executive Order 12988, Civil Justice not consider the use of voluntary ADDRESSES) explaining why you think it Reform, to minimize litigation, consensus standards.
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52340 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules
Environment Commander, Coast Guard Sector DATES: Comments and related material We have analyzed this proposed rule Hampton Roads. must reach the Coast Guard on or before under Commandant Instruction (2) Official Patrol means any vessel November 1, 2005. M16475.lD, which guides the Coast assigned or approved by Commander, ADDRESSES: You may mail comments Guard in complying with the National Coast Guard Sector Hampton Roads and related material to Commander Environmental Policy Act of 1969 with a commissioned, warrant, or petty (obc), Eighth Coast Guard District, 500 (NEPA) (42 U.S.C. 4321–4370f), and officer on board and displaying a Coast Poydras Street, New Orleans, Louisiana have concluded that there are no factors Guard ensign. 70130–3310. The Commander, Eighth in this case that would limit the use of (3) Participant includes all vessels Coast Guard District, Bridge a categorical exclusion under section participating in the Hampton Roads Administration Branch maintains the 2.B.2 of the Instruction. Therefore, this Sailboard Classic under the auspices of public docket for this rulemaking. rule is categorically excluded, under the Marine Event Permit issued to the Comments and material received from figure 2–1, paragraph (34)(h), of the event sponsor and approved by the public, as well as documents Instruction, from further environmental Commander, Coast Guard Sector indicated in this preamble as being documentation. Special local Hampton Roads. available in the docket, will become part regulations issued in conjunction with a (c) Special local regulations. (1) of this docket and will be available for regatta or marine parade permit are Except for event participants and inspection or copying at the Bridge specifically excluded from further persons or vessels authorized by the Administration office between 7 a.m. analysis and documentation under that Coast Guard Patrol Commander, no and 3 p.m., Monday through Friday, section. person or vessel may enter or remain in except Federal holidays. the regulated area. Under figure 2–1, paragraph (34)(h), FOR FURTHER INFORMATION CONTACT: (2) The operator of any vessel in the of the Instruction, an ‘‘Environmental David Frank, Bridge Administration regulated area must: Analysis Check List’’ and a ‘‘Categorical Branch, telephone 504–589–2965. (i) Stop the vessel immediately when Exclusion Determination’’ are not SUPPLEMENTARY INFORMATION: required for this rule. Comments on this directed to do so by any Official Patrol section will be considered before we and then proceed only as directed. Request for Comments make the final decision on whether to (ii) All persons and vessels shall comply with the instructions of the We encourage you to participate in categorically exclude this rule from this rulemaking by submitting further environmental review. Official Patrol. (d) Enforcement period. This section comments and related material. If you List of Subjects in 33 CFR Part 100 will be enforced from 9 a.m. to 5 p.m. do so, please include your name and on October 29 and 30, 2005. address, identify the docket number for Marine safety, Navigation (water), this rulemaking (CGD08–05–049), Reporting and recordkeeping Dated: August 18, 2005. indicate the specific section of this requirements, Waterways. L.L. Hereth, document to which each comment For the reasons discussed in the Rear Admiral, U.S. Coast Guard, Commander, applies, and give the reason for each preamble, the Coast Guard proposes to Fifth Coast Guard District. comment. Please submit all comments amend 33 CFR part 100 as follows: [FR Doc. 05–17513 Filed 9–1–05; 8:45 am] and related material in an unbound BILLING CODE 4910–15–P format, no larger than 81⁄2 by 11 inches, PART 100—SAFETY OF LIFE ON suitable for copying. If you would like NAVIGABLE WATERS to know they reached us, please enclose 1. The authority citation for part 100 DEPARTMENT OF HOMELAND a stamped, self-addressed postcard or continues to read as follows: SECURITY envelope. We will consider all comments and material received during Authority: 33 U.S.C. 1233; Department of Coast Guard Homeland Security Delegation No. 0170.1. the comment period. We may change this proposed rule in view of them. 2. Add a temporary § 100.35–T05–098 33 CFR Part 117 to read as follows: Public Meeting [CGD08–05–049] § 100.35–T05–098 Willoughby Bay, We do not now plan to hold a public RIN 1625–AA09 Norfolk, Virginia. meeting. You may submit a request for (a) Regulated area. The regulated area Drawbridge Operation Regulation; a meeting by writing to Commander, is established for the waters of Lafourche Bayou, Lafourche Parish, Eighth Coast Guard District, Bridge Willoughby Bay contained within the LA Administration Branch at the address following coordinates: under ADDRESSES explaining why one AGENCY: Coast Guard, DHS. would be beneficial. If we determine Latitude Longitude ACTION: Notice of proposed rulemaking. that one would aid this rulemaking, we will hold one at a time and place 36°58′36.0″ North ..... 076°18′42.0″ West SUMMARY: The Coast Guard proposes to announced by a later notice in the 36°58′00.0″ North ..... 076°18′00.0″ West change the regulations governing six ° ′ ″ ° ′ ″ Federal Register. 36 57 49.0 North ..... 076 18 14.0 West bridges across Bayou Lafourche, south 36°57′36.0″ North ..... 076°17′55.0″ West Background and Purpose 36°57′26.0″ North ..... 076°18′06.0″ West of the Gulf Intracoastal Waterway, in 36°58′15.0″ North ..... 076°19′08.0″ West Lafourche Parish, Louisiana. The The U. S. Coast Guard, at the request 36°58′36.0″ North ..... 076°18′42.0″ West Lafourche Parish Council has requested of the Lafourche Parish Council, that the bridges remain closed to proposes to modify the existing All coordinates reference Datum NAD 1983. navigation at various times on weekdays operating schedules of six bridges across (b) Definitions. (1) Coast Guard Patrol during the school year. These closures Bayou Lafourche south of the Gulf Commander means a commissioned, will facilitate the safe, efficient Intracoastal Waterway in Lafourche warrant, or petty officer of the Coast movement of staff, students and other Parish, Louisiana. The six bridges Guard who has been designated by the residents within the parish. include: Golden Meadow Vertical Lift
VerDate Aug<18>2005 15:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52341
Bridge, mile 23.9; the Galliano Pontoon bridge and it will be located 0.4 miles opening, delaying 60 vehicles per Bridge, mile 27.8; the Galliano/South downstream from its present location. opening. Lafourche (Tarpon) Vertical Lift Bridge, Once the new bridge is constructed, the The Golden Meadow Vertical Lift mile 30.6; the Cote Blanche Pontoon old bridge will be removed. The special Bridge, mile 23.9 is the next bridge Bridge, mile 33.9; the Cutoff Vertical operating regulation for the old bridge, downstream from the Galliano Pontoon Lift Bridge, mile 36.3; and the Larose if approved, may not be transferred to Bridge. The bridge opens an average of Pontoon Bridge, mile 39.1. The the new bridge and a new request for a 610 times a month for vessels. Based modification of the existing regulations special operation regulation must be upon the request, approximately 30% of will allow these bridges to remain made for the new bridge. the vessels would be affected by the closed to navigation from 7 a.m. to 8 The Cutoff Vertical Lift Bridge, mile proposed closures. Traffic counts a.m.; from 2 p.m. to 4 p.m.; and from 36.3 is the next bridge downstream from indicate that 2400 vehicles cross the 4:30 p.m. to 5:30 p.m., Monday through the Larose Pontoon Bridge. The bridge bridge daily and approximately 30% of Friday from August 15 through May 31. opens an average of 419 times a month those vehicles cross during the At all other times, the bridges would for vessels. Based upon the request, requested closure times. Vessel open on signal for the passage of approximately 23% of the vessels would openings of the bridge delay vehicular vessels. be affected by the proposed closures. traffic six minutes per opening, delaying Presently, only two of these bridges Traffic counts indicate that 7180 16 vehicles per opening. have special operation regulations vehicles cross the bridge daily and Navigation at the sites of the bridges published in the Code of Federal approximately 33% of those vehicles consists primarily of commercial and Regulations. The Galliano/South cross during the requested closure recreational fishing vessels, crew boats, Lafourche (Tarpon) Vertical Lift Bridge, times. Vessel openings of the bridge and some tugboats with barges. mile 30.6, and the Cote Blanche delay vehicular traffic five minutes per Alternate routes are not readily Pontoon Bridge, mile 33.9, open on opening, delaying 80 vehicles per accessible. signal; except that, from 2:30 p.m. to opening. The existing regulations on the 3:30 p.m. and from 4:30 p.m. to 5:30 The Cote Blanche Pontoon Bridge, Galliano/South Lafourche (Tarpon) p.m. Monday through Friday except mile 33.9 is the next bridge downstream Federal holidays, the draws need not from the Cutoff Vertical Lift Bridge. The Vertical Lift Bridge, mile 30.6 and the open for the passage of vessels. The bridge opens an average of 441 times a Cote Blanche Pontoon Bridge, mile 33.9, other four bridges open on signal for the month for vessels. Based upon the were established on September 20, passage of vessels pursuant to 33 CFR request, approximately 23% of the 1995. Since the establishment of these 117.5. vessels would be affected by the special operation regulations, the Coast Traffic counts and vessel openings proposed closures. Traffic counts Guard has not received any formal vary among the six bridges. The indicate that 7180 vehicles cross the complaints regarding the operation of Louisiana Department of Transportation bridge daily and approximately 33% of the bridges. It has been approximately and Development provided information those vehicles cross during the ten years since the last formal request to on vessel openings and traffic counts for requested closure times. Vessel change the operating regulations of the the Larose Pontoon Bridge, mile 39.1; openings of the bridge delay vehicular Cote Blanche Bridge and the Galliano/ the Galliano/South Lafourche (Tarpon) traffic five minutes per opening, South Lafourche Bridge. The Coast Vertical Lift Bridge, mile 30.6; and the delaying 54 vehicles per opening. Guard is interested in obtaining Golden Meadow Vertical Lift Bridge, The Galliano/South Lafourche comments in response to this current mile 23.9. The Lafourche Parish Council (Tarpon) Vertical Lift Bridge, mile 30.6 request from all interested parties with provided information on vessel is the next bridge downstream from the regard to how the proposed changes to openings and traffic counts for the Cote Blanche Pontoon Bridge. The the regulations will affect them. Cutoff Vertical Lift Bridge, mile 36.3; bridge opens an average of 430 times a Discussion of Proposed Rule the Cote Blanche Pontoon Bridge, mile month for vessels. Based upon the 33.9; and the Galliano Pontoon Bridge, request, approximately 20% of the The proposed rule would modify the mile 27.8. vessels would be affected by the existing regulations in 33 CFR 117.465 The Larose Pontoon Bridge, mile 39.1, proposed closures. Traffic counts to facilitate the movement of high is the first bridge south of the Gulf indicate that 8000 vehicles cross the volumes of vehicular traffic across the Intracoastal Waterway intersection. This bridge daily and approximately 28% of bridges during periods of increased bridge is located just south of a flood those vehicles cross during the transits during the school year. These control structure that has a horizontal requested closure times. Vessel closures would allow for vehicles and clearance of 56 feet and a depth over the openings of the bridge delay vehicular school busses to transit across the sill of 10 feet. The bridge opens an traffic six minutes per opening, delaying bridges unimpeded both before and after average of 410 times a month for 43 vehicles per opening. school hours. The change would allow vessels. Based upon the request, The Galliano Pontoon Bridge, mile these six bridges on Bayou Lafourche approximately 18% of the vessels would 27.8 is the next bridge downstream from south of the Gulf Intracoastal Waterway, be affected by the proposed closures. the Galliano/South Lafourche (Tarpon) mile 35.6 west of Harvey Lock, in Traffic counts indicate that 9,000 Vertical Lift Bridge. The bridge opens an Larose, to remain closed to navigation vehicles cross the bridge daily and average of 580 times a month for from 7 a.m. to 8 a.m.; from 2 p.m. to 4 approximately 23% of those vehicles vessels. Based upon the request, p.m.; and from 4:30 p.m. to 5:30 p.m. cross during the requested closure approximately 23% of the vessels would Monday through Friday from August 15 times. Vessel openings of the bridge be affected by the proposed closures. to May 31. At all other times, the delay vehicular traffic nine minutes per Traffic counts indicate that 5040 bridges will open on signal for the opening, delaying 20 vehicles per vehicles cross the bridge daily and passage of vessels. The proposed opening. approximately 34% of those vehicles regulation does not affect the SR 1 The Larose Pontoon Bridge is cross during the requested closure (Leeville) Vertical Lift Bridge, mile 13.3. presently scheduled for replacement. times. Vessel openings of the bridge This bridge is a mid-level vertical lift The new bridge will be a vertical lift delay vehicular traffic five minutes per bridge and is scheduled to be replaced
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52342 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules
by a high-level fixed bridge in the near them and participate in the rulemaking. economically significant rule and would future. If the rule would affect your small not create an environmental risk to business, organization, or governmental health or risk to safety that might Regulatory Evaluation jurisdiction and you have questions disproportionately affect children. This proposed rule is not a concerning its provisions or options for Indian Tribal Governments ‘‘significant regulatory action’’ under compliance, please contact the Eighth section 3(f) of Executive Order 12866, Coast Guard District Bridge This proposed rule does not have Regulatory Planning and Review, and Administration Branch at the address tribal implications under Executive does not require an assessment of above. The Coast Guard will not Order 13175, Consultation and potential costs and benefits under retaliate against small entities that Coordination with Indian Tribal section 6(a)(3) of that Order. The Office question or complain about this rule or Governments, because it would not have of Management and Budget has not any policy or action of the Coast Guard. a substantial direct effect on one or reviewed it under that Order. It is not more Indian tribes, on the relationship ‘‘significant’’ under the regulatory Collection of Information between the Federal Government and policies and procedures of the This proposed rule would call for no Indian tribes, or on the distribution of Department of Homeland Security. We new collection of information under the power and responsibilities between the expect the economic impact of this Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. proposed rule to be so minimal that a U.S.C. 3501–3520). Energy Effects full Regulatory Evaluation under the Federalism regulatory policies and procedures of We have analyzed this proposed rule DHS is unnecessary. A rule has implications for federalism under Executive Order 13211, Actions This proposed rule would allow under Executive Order 13132, Concerning Regulations That vessels to transit this waterway with Federalism, if it has a substantial direct Significantly Affect Energy Supply, proper notification before and after the effect on State or local governments and Distribution, or Use. We have peak vehicular traffic periods. would either preempt State law or determined that it is not a ‘‘significant According to the information provided impose a substantial direct cost of energy action’’ under that order because by the applicant, the public at large is compliance on them. We have analyzed it is not a ‘‘significant regulatory action’’ better served by the closure times. this proposed rule under that Order and under Executive Order 12866 and is not have determined that it does not have likely to have a significant adverse effect Small Entities implications for federalism. on the supply, distribution, or use of Under the Regulatory Flexibility Act energy. The Administrator of the Office (5 U.S.C. 601–612), we have considered Unfunded Mandates Reform Act of Information and Regulatory Affairs whether this proposed rule would have The Unfunded Mandates Reform Act has not designated it as a significant a significant economic impact on a of 1995 (2 U.S.C. 1531–1538) requires energy action. Therefore, it does not substantial number of small entities. Federal agencies to assess the effects of require a Statement of Energy Effects The term ‘‘small entities’’ comprises their discretionary regulatory actions. In under Executive Order 13211. small businesses, not-for-profit particular, the Act addresses actions Technical Standards organizations that are independently that may result in the expenditure by a owned and operated and are not State, local, or tribal government, in the The National Technology Transfer dominant in their fields, and aggregate, or by the private sector of and Advancement Act (NTTAA) (15 governmental jurisdictions with $100,000,000 or more in any one year. U.S.C. 272 note) directs agencies to use populations of less than 50,000. Though this proposed rule will not voluntary consensus standards in their The Coast Guard certifies under 5 result in such an expenditure, we do regulatory activities unless the agency U.S.C. 605(b) that this proposed rule discuss the effects of this proposed rule provides Congress, through the Office of would not have a significant economic elsewhere in this preamble. Management and Budget, with an impact on a substantial number of small explanation of why using these entities. This proposed rule would affect Taking of Private Property standards would be inconsistent with the following entities: the owners and This proposed rule would not affect a applicable law or otherwise impractical. operators of vessels needing to transit taking of private property or otherwise Voluntary consensus standards are the bridges during the requested closure have taking implications under technical standards (e.g., specifications periods. Executive Order 12630, Governmental of materials, performance, design, or If you think that your business, Actions and Interference with operation; test methods; sampling organization, or governmental Constitutionally Protected Property procedures; and related management jurisdiction qualifies as a small entity Rights. systems practices) that are developed or and that this proposed rule would have adopted by voluntary consensus Civil Justice Reform a significant economic impact on it, standards bodies. please submit a comment (see This proposed rule meets applicable This proposed rule does not use ADDRESSES) explaining why you think it standards in sections 3(a) and 3(b)(2) of technical standards. Therefore, we did qualifies and how and to what degree Executive Order 12988, Civil Justice not consider the use of voluntary this proposed rule would economically Reform, to minimize litigation, consensus standards. affect it. eliminate ambiguity, and reduce Environment burden. Assistance for Small Entities We have analyzed this proposed rule Under section 213(a) of the Small Protection of Children under Commandant Instruction Business Regulatory Enforcement We have analyzed this proposed rule M16475.1D, which guides the Coast Fairness Act of 1996 (Pub. L. 104–121), under Executive Order 13045, Guard in complying with the National we want to assist small entities in Protection of Children from Environmental Policy Act of 1969 understanding this proposed rule so that Environmental Health Risks and Safety (NEPA) (42 U.S.C. 4321–4370f), and they can better evaluate its effects on Risks. This proposed rule is not an have concluded that there are no factors
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52343
in this case that would limit the use of DEPARTMENT OF HOMELAND to know they reached us, please enclose a categorical exclusion under section SECURITY a stamped, self-addressed postcard or 2.B.2 of the Instruction. Therefore, this envelope. We will consider all proposed rule is categorically excluded, Coast Guard comments and material received during under figure 2–1, paragraph (32)(e), of the comment period. We may change the Instruction, from further 33 CFR Part 117 this proposed rule in view of them. environmental documentation. [CGD08–05–046] Public Meeting List of Subjects in 33 CFR Part 117 RIN 1625–AA09 We do not now plan to hold a public meeting. You may submit a request for Bridges. Drawbridge Operation Regulation; Gulf a meeting by writing to Commander, Intracoastal Waterway, West Larose, Regulations Eighth Coast Guard District, Bridge LA Administration Branch at the address ADDRESSES For the reasons discussed in the AGENCY: Coast Guard, DHS. under explaining why one would be beneficial. If we determine preamble, the Coast Guard proposes to ACTION: Notice of proposed rulemaking. amend 33 CFR part 117 as follows: that one would aid this rulemaking, we SUMMARY: The Coast Guard proposes to will hold one at a time and place PART 117—DRAWBRIDGE change the regulation governing the announced by a later notice in the OPERATION REGULATIONS operation of the SR 1 (West Larose) Federal Register. vertical lift bridge across the Gulf Background and Purpose 1. The authority citation for part 117 Intracoastal Waterway, mile 35.6 west of continues to read as follows: Harvey Lock, at Larose, Louisiana. The The U. S. Coast Guard, at the request of the Lafourche Parish Council, Authority: 33 U.S.C. 499; Department of Lafourche Parish Council has requested that the bridge remain closed to proposes to modify the existing Homeland Security Delegation No. 0170.1; 33 operating schedule of the SR 1 (West CFR 1.05–1(g); section 117.255 also issued navigation at various times on weekdays during the school year. These closures Larose) vertical lift bridge across the under the authority of Pub. L. 102–587, 106 Gulf Intracoastal Waterway, mile 35.6 Stat. 5039. will facilitate the safe, efficient movement of staff, students and other west of Harvey Lock, at Larose, 2. § 117.465(a) is revised to read as residents within the parish. Louisiana. The modification of the follows: existing regulations will allow the DATES: Comments and related material bridge to remain closed to navigation § 117.465 Lafourche Bayou. must reach the Coast Guard on or before from 7 a.m. to 8 a.m.; from 2 p.m. to 4 November 1, 2005. (a) The draws of the following bridges p.m.; and from 4:30 p.m. to 5:30 p.m., ADDRESSES: You may mail comments shall open on signal; except that, from Monday through Friday during the and related material to Commander school year. Currently, the bridge opens August 15 through May 31, the draw (obc), Eighth Coast Guard District, 500 need not open for the passage of vessels on signal pursuant to 33 CFR 117.5. Poydras Street, New Orleans, Louisiana Approximately 11,600 vehicles cross Monday through Friday, except Federal 70130–3310. The Commander, Eighth the bridge daily, 25% of which cross the holidays, from 7 a.m. to 8 a.m.; from 2 Coast Guard District, Bridge bridge during the requested closure p.m. to 4 p.m.; and from 4:30 p.m. to Administration Branch maintains the times. The bridge averages 976 openings 5:30 p.m.: public docket for this rulemaking. a month. Approximately 25% of the (1) SR 308 (Golden Meadow) Bridge, Comments and material received from bridge openings occur during the mile 23.9, at Golden Meadow. the public, as well as documents requested closure times. The average indicated in this preamble as being (2) Galliano Pontoon Bridge, mile length of a bridge opening is available in the docket, will become part 27.8, at Galliano. approximately 10 to 12 minutes. of this docket and will be available for Navigation at the site of the bridge (3) SR 308 (South Lafourche (Tarpon)) inspection or copying at the Bridge consists primarily of tugboats with Bridge, mile 30.6, at Galliano. Administration office between 7 a.m. barges. Alternate routes east and west (4) Cote Blanche Pontoon Bridge, mile and 3 p.m., Monday through Friday, through the bridge are not readily 33.9, at Cutoff. except Federal holidays. accessible; however, the bridge, in the FOR FURTHER INFORMATION CONTACT: (5) Cutoff Vertical Lift Bridge, mile closed-to-navigation position provides a David Frank, Bridge Administration vertical clearance of 35 feet above high 36.3, at Cutoff. Branch, telephone 504–589–2965. water. (6) SR 310 (Larose Pontoon) Bridge, SUPPLEMENTARY INFORMATION: It should be noted that there have mile 39.1, at Larose. been two previous requests by the Request for Comments * * * * * Lafourche Parish to establish special We encourage you to participate in operating regulations for this bridge. On Dated: August 26, 2005. this rulemaking by submitting December 7, 1994, the Coast Guard Kevin L. Marshall, comments and related material. If you published a notice of proposed Captain, U.S. Coast Guard, Acting do so, please include your name and rulemaking (NPRM) in the Federal Commander, 8th Coast Guard Dist. address, identify the docket number for Register (59 FR 63068). The proposed [FR Doc. 05–17509 Filed 9–1–05; 8:45 am] this rulemaking (CGD08–05–046), change to the regulation would have BILLING CODE 4910–15–P indicate the specific section of this required that from 7 a.m. to 8:30 a.m. document to which each comment and from 4:30 p.m. to 6 p.m. Monday applies, and give the reason for each through Friday, except Federal holidays, comment. Please submit all comments the draw of the bridge would remain and related material in an unbound closed to navigation for passage of format, no larger than 81⁄2 by 11 inches, vehicular traffic during peak traffic suitable for copying. If you would like periods. At all other times the draw
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52344 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules
would open on signal for passage of would allow for vehicles and school ADDRESSES) explaining why you think it vessels. busses to transit across the bridge qualifies and how and to what degree The Coast Guard received 10 letters in unimpeded both before and after school this proposed rule would economically response to the NPRM objecting to the hours. The change would allow the SR affect it. proposed rule. Many of the objectors, 1 (West Larose) vertical lift bridge across who were associated with a local the Gulf Intracoastal Waterway, mile Assistance for Small Entities school, stated that the bridge would 35.6 west of Harvey Lock, at Larose, to Under section 213(a) of the Small reopen after an extended closure 30 remain closed to navigation from 7 a.m. Business Regulatory Enforcement minutes before the start of school to 8 a.m.; from 2 p.m. to 4 p.m.; and Fairness Act of 1996 (Pub. L. 104–121), possibly affecting the ability of students from 4:30 p.m. to 5:30 p.m. Monday we want to assist small entities in to arrive at school on time. The through Friday from August 15 to May applicant was given an opportunity to 31. At all other times, the bridge would understanding this proposed rule so that address the objections. The applicant open on signal for the passage of they can better evaluate its effects on modified their proposal and resubmitted vessels. them and participate in the rulemaking. a new request for a proposed rule. If the rule would affect your small Regulatory Evaluation A second NPRM was published in the business, organization, or governmental Federal Register (60 FR 40139) on This proposed rule is not a jurisdiction and you have questions August 7, 1995, instead of a ‘‘significant regulatory action’’ under concerning its provisions or options for Supplementary Notice of Proposed section 3(f) of Executive Order 12866, compliance, please contact the Eighth Rulemaking (SNPRM). Regulatory Planning and Review, and Coast Guard District Bridge The second NPRM proposed to does not require an assessment of Administration Branch at the address change the regulation to require that potential costs and benefits under above. The Coast Guard will not from 7 a.m. to 9 a.m. and from 4:30 p.m. section 6(a)(3) of that Order. The Office retaliate against small entities that to 6 p.m. Monday through Friday, of Management and Budget has not question or complain about this rule or except Federal holidays, the draw of the reviewed it under that Order. It is not any policy or action of the Coast Guard. bridge would remain closed to ‘‘significant’’ under the regulatory navigation for passage of vehicular policies and procedures of the Collection of Information traffic during peak traffic periods. At all Department of Homeland Security. We This proposed rule would call for no other times the draw would open on expect the economic impact of this new collection of information under the signal for the passage of vessels. proposed rule to be so minimal that a Paperwork Reduction Act of 1995 (44 Two letters of objection were received full Regulatory Evaluation under the U.S.C. 3501–3520). in response to the second NPRM. These regulatory policies and procedures of objections were from waterway interests DHS is unnecessary. Federalism stating that the closure would increase This proposed rule would allow the risk of accidents by vessels having vessels to transit this waterway with A rule has implications for federalism to wait for bridge openings, while proper notification before and after the under Executive Order 13132, vehicles have an alternate route across peak vehicular traffic periods. Federalism, if it has a substantial direct the waterway. These concerns were According to the information provided effect on State or local governments and forwarded to the applicant to attempt to by the applicant, the public at large is would either preempt State law or reach an acceptable solution. The better served by the closure times. impose a substantial direct cost of compliance on them. We have analyzed applicant did not address the concerns Small Entities of these objectors or offer an alternative this proposed rule under that Order and proposal. Under the Regulatory Flexibility Act have determined that it does not have The Coast Guard, therefore, withdrew (5 U.S.C. 601–612), we have considered implications for federalism. whether this proposed rule would have the notices of proposed rulemaking and Unfunded Mandates Reform Act terminated further rulemaking on the a significant economic impact on a proposals. substantial number of small entities. The Unfunded Mandates Reform Act The Lafourche Parish Council The term ‘‘small entities’’ comprises of 1995 (2 U.S.C. 1531–1538) requires submitted another request in 1998. small businesses, not-for-profit Federal agencies to assess the effects of When the Coast Guard requested organizations that are independently their discretionary regulatory actions. In additional information regarding the owned and operated and are not particular, the Act addresses actions closure, no further information was dominant in their fields, and that may result in the expenditure by a submitted and the request was governmental jurisdictions with State, local, or tribal government, in the suspended. populations of less than 50,000. aggregate, or by the private sector of The Coast Guard certifies under 5 It has been approximately seven years $100,000,000 or more in any one year. U.S.C. 605(b) that this proposed rule since the last formal request. The Coast Though this proposed rule will not would not have a significant economic Guard is interested in obtaining result in such an expenditure, we do comments in response to this current impact on a substantial number of small entities. This proposed rule would affect discuss the effects of this proposed rule request from all interested parties with elsewhere in this preamble. regard to how the proposed changes to the following entities: the owners and the regulations will affect them. operators of vessels needing to transit Taking of Private Property the bridge during the requested closure Discussion of Proposed Rule periods. This proposed rule would not affect a The proposed rule would modify the If you think that your business, taking of private property or otherwise existing regulation in 33 CFR 117.5 to organization, or governmental have taking implications under facilitate the movement of high volumes jurisdiction qualifies as a small entity Executive Order 12630, Governmental of vehicular traffic across the bridge and that this proposed rule would have Actions and Interference with during periods of increased transit a significant economic impact on it, Constitutionally Protected Property during the school year. These closures please submit a comment (see Rights.
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52345
Civil Justice Reform adopted by voluntary consensus FEDERAL MARITIME COMMISSION standards bodies. This proposed rule meets applicable 46 CFR Part 531 standards in sections 3(a) and 3(b)(2) of This proposed rule does not use Executive Order 12988, Civil Justice technical standards. Therefore, we did [Docket No. 05–06] Reform, to minimize litigation, not consider the use of voluntary eliminate ambiguity, and reduce consensus standards. Non-Vessel-Operating Common Carrier burden. Service Arrangements Environment Protection of Children AGENCY: Federal Maritime Commission. We have analyzed this proposed rule ACTION: Notice of inquiry. We have analyzed this proposed rule under Commandant Instruction SUMMARY: under Executive Order 13045, M16475.1D, which guides the Coast The Federal Maritime Commission is requesting comments on Protection of Children from Guard in complying with the National Environmental Health Risks and Safety possible changes to its exemption for Environmental Policy Act of 1969 Risks. This proposed rule is not an non-vessel-operating common carriers (NEPA) (42 U.S.C. 4321–4370f), and economically significant rule and would (NVOCCs) from certain tariff publication have concluded that there are no factors not create an environmental risk to requirements of the Shipping Act of health or risk to safety that might in this case that would limit the use of 1984. disproportionately affect children. a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this DATES: Submit original and 15 copies of Indian Tribal Governments proposed rule is categorically excluded, comments (paper), or e-mail comments as an attachment in WordPerfect 10, under figure 2–1, paragraph (32)(e), of This proposed rule does not have Microsoft Word 2003, or earlier versions the Instruction, from further tribal implications under Executive of these applications, no later than Order 13175, Consultation and environmental documentation. October 6, 2005. Coordination with Indian Tribal List of Subjects in 33 CFR Part 117 ADDRESSES: Address all comments to: Governments, because it would not have Bryant L. VanBrakle, Secretary, Federal a substantial direct effect on one or Bridges. Maritime Commission, 800 North more Indian tribes, on the relationship Regulations Capitol Street, NW., Room 1046, between the Federal Government and Washington, DC 20573–0001. Indian tribes, or on the distribution of For the reasons discussed in the [email protected]. power and responsibilities between the preamble, the Coast Guard proposes to Federal Government and Indian tribes. FOR FURTHER INFORMATION CONTACT: amend 33 CFR part 117 as follows: Amy W. Larson, General Counsel, Energy Effects Federal Maritime Commission, 800 N. PART 117—DRAWBRIDGE Capitol St., NW., Washington, DC We have analyzed this proposed rule OPERATION REGULATIONS under Executive Order 13211, Actions 20573–0001. (202) 523–5740. [email protected]. Concerning Regulations That 1. The authority citation for part 117 Significantly Affect Energy Supply, continues to read as follows: SUPPLEMENTARY INFORMATION: On Distribution, or Use. We have January 19, 2005, a final rule of the determined that it is not a ‘‘significant Authority: 33 U.S.C. 499; Department of Federal Maritime Commission (‘‘FMC’’ energy action’’ under that order because Homeland Security Delegation No. 0170.1; 33 or ‘‘Commission’’) exempting non- it is not a ‘‘significant regulatory action’’ CFR 1.05–1(g); section 117.255 also issued vessel-operating common carriers under Executive Order 12866 and is not under the authority of Pub. L. 102–587, 106 (‘‘NVOCCs’’) from certain tariff likely to have a significant adverse effect Stat. 5039. publication requirements of the on the supply, distribution, or use of 2. In § 117.451, paragraphs (c), (d), Shipping Act of 1984 (‘‘Shipping Act’’) energy. The Administrator of the Office and (e) are redesignated paragraphs (d), became effective. 69 FR 75850 of Information and Regulatory Affairs (e), and (f) and a new paragraph (c) is (December 20, 2004). The rule was has not designated it as a significant added to read as follows: issued pursuant to the Commission’s energy action. Therefore, it does not authority under section 16 of the require a Statement of Energy Effects § 117.451 Gulf Intracoastal Waterway. Shipping Act, 46 U.S.C. app. 1715. The under Executive Order 13211. * * * * * exemption enables individual NVOCCs to offer NVOCC Service Arrangements Technical Standards (c) The draw of the SR 1 (West Larose) (‘‘NSAs’’) to NSA shippers, provided The National Technology Transfer Bridge, mile 35.6 west of Harvey Lock, that such NSAs are filed with the and Advancement Act (NTTAA) (15 at Larose, shall open on signal; except Commission and their essential terms U.S.C. 272 note) directs agencies to use that, from August 15 through May 31, are published in the NVOCC’s tariff. The voluntary consensus standards in their the draw need not open for the passage rule defines an NSA as ‘‘a written regulatory activities unless the agency of vessels Monday through Friday contract, other than a bill of lading or provides Congress, through the Office of except Federal holidays from 7 a.m. to receipt, between one or more NSA Management and Budget, with an 8 a.m.; from 2 p.m. to 4 p.m.; and from shippers and an individual NVOCC in explanation of why using these 4:30 p.m. to 5:30 p.m. which the NSA shipper makes a standards would be inconsistent with * * * * * commitment to provide a certain applicable law or otherwise impractical. Dated: August 26, 2005. minimum quantity or portion of its Voluntary consensus standards are cargo or freight revenue over a fixed technical standards (e.g., specifications Kevin L. Marshall, time period, and the NVOCC commits to of materials, performance, design, or Captain, U.S. Coast Guard, Acting a certain rate or rate schedule and a operation; test methods; sampling Commander, 8th Coast Guard Dist. defined service level.’’ 46 CFR 531.3(p). procedures; and related management [FR Doc. 05–17510 Filed 9–1–05; 8:45 am] Since the publication of the proposal systems practices) that are developed or BILLING CODE 4910–15–P that led to the final NSA rule, the
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52346 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules
Commission has heard from participants 10. What would be the likely impact, (Homarus americanus) regulations in in the NVOCC industry that it would be if any, of joint NSAs on individual rates response to recommendations by the useful if the exemption permitted NSAs offered by the participating NVOCCs in Atlantic States Marine Fisheries to be jointly offered by unaffiliated the same trade? In other trades? Commission (Commission) in Addenda NVOCCs. At its meeting of August 3, 11. Should the contract details which II and III to Amendment 3 of the 2005, the Commission determined that must be made publicly available Interstate Fishery Management Plan for it would seek further comment on the (‘‘essential terms’’) be more extensive American Lobster (ISFMP). The issue. The Commission now seeks for jointly offered NSAs than for other proposed lobster management measures comment on the following specific NSAs? For example, should the are intended to increase protection to questions: Commission require that the identities American lobster broodstock throughout 1. In what manner could two or more of each of the NVOCC carrier parties to the stock’s range, and would apply to unaffiliated NVOCCs jointly offer NSAs? the jointly offered NSA be made public? lobsters harvested in one or more of Would two or more NVOCCs use a 12. Are there any additional seven Lobster Conservation single document to offer their services procedures (e.g., registration, reporting, Management Areas (LCMA). In addition, as carriers to other NVOCCs acting as monitoring, measuring) that should be NMFS proposes measures that would shippers? Would two or more NVOCCs considered to ensure that each jointly- clarify existing Federal lobster offer identical services or rates in offered NSA does not result in a regulations. separately-filed NSAs? Are there other substantial reduction in competition or DATES: Written comments must be possibilities? detriment to commerce? received no later than 5 p.m. Eastern 2. How would rates and defined 13. Should the Commission require Standard Time on or before October 17, service levels for such jointly offered some type of notification to the VOCC 2005. carrying the cargo moving under a NSAs be determined? ADDRESSES: Written comments should 3. Would unaffiliated NVOCCs jointly jointly offered NSA? If so, describe what be sent to Harold C. Mears, Director, offering NSAs keep the terms of such form such notification should take and State, Federal, and Constituent NSAs confidential from non- when it should be required. Programs Office, Northeast Region, 14. How would bills of lading be participating NVOCCs? From other NMFS, One Blackburn Drive, issued for cargo moving under a joint shippers (including NVOCCs)? Gloucester, MA 01930. Mark the outside NSA? 4. How would such an exemption of the envelope ‘‘American Lobster 15. Please describe any other matters meet the statutory requirements of Proposed Rule Comments.’’ Comments that may be relevant to the section 16 of the Shipping Act of 1984? may be sent via email at Commission’s consideration of this Would such an exemption cause a [email protected]. Include in the substantial reduction in: issue. In order best to facilitate the subject line ‘‘American Lobster • Competition among NVOCCs; Commission’s consideration of the Proposed Rule Comments.’’ Comments • Competition between NVOCCS and issues raised in this Notice of Inquiry, may also be sent via fax (978) 281–9117, vessel-operating common carriers commenters should provide detailed or via the Federal e-Rulemaking Portal (VOCCs); responses, and should supply examples at www.regulations.gov. • Competition among beneficial cargo Copies of the American lobster whenever feasible. owners; and proposed rule, its Draft Environmental • Other competition? By the Commission. Assessment/Initial Regulatory Impact 5. Would such an exemption cause Bryant L. VanBrakle, Review/Initial Regulatory Flexibility detriment to commerce by any general Secretary. Analysis (DEA/IRIR/IRFA) are available or specific adverse economic impacts on [FR Doc. 05–17555 Filed 9–1–05; 8:45 am] from Harold Mears, Director, State, the carriage of cargo in the U.S.-foreign BILLING CODE 6730–01–P Federal and Constituent Programs trade or U.S. commerce generally? Office, NMFS, One Blackburn Drive, 6. What might be the benefits or harm Gloucester, MA 01930. to beneficial cargo owners of jointly- DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: offered NSAs? Robert Ross, NMFS, Northeast Region, 7. Do any issues with regard to National Oceanic and Atmospheric (978) 281–9234, fax (978) 281–9117. NVOCC financial responsibility arise Administration SUPPLEMENTARY INFORMATION: stemming from jointly-offered NSAs? For example, should a joint bond or 50 CFR Part 697 Statutory Authority higher individual bond be required for These proposed regulations would [Docket No. 0104130930–5226–03; I.D. NVOCCs that jointly offer NSAs? If so, 032301C] modify Federal lobster conservation how should the amount be determined? management measures in the Exclusive 8. Would there likely be any specific RIN 0648–AP18 Economic Zone (EEZ) under the benefits or harm to small NVOCCs if authority of section 803(b) of the jointly offered NSAs were permitted? Atlantic Coastal Fisheries Cooperative Atlantic Coastal Fisheries Cooperative 9. If jointly offered NSAs are allowed, Management Act Provisions; American Management Act (Atlantic Coastal Act), should there be limits on the number (or Lobster Fishery 16 U.S.C. 5101 et seq., which states that, combined market share) of the NVOCCs AGENCY: National Marine Fisheries in the absence of an approved and participating in a single joint NSA? If so, Service (NMFS), National Oceanic and implemented Fishery Management Plan how should the relevant market be Atmospheric Administration (NOAA), under the Magnuson-Stevens Fishery defined? Should the Commission or the Commerce. Conservation and Management Act parties determine the market share? ACTION: Proposed rule; request for (Magnuson-Stevens Act) (16 U.S.C. 1801 Should NVOCCs be required to obtain comments. et seq.) and, after consultation with the Department of Justice business review appropriate Fishery Management letters prior to offering jointly offered SUMMARY: NMFS proposes new and Council(s), the Secretary of Commerce NSAs? revised Federal American lobster may implement regulations to govern
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52347
fishing in the EEZ, i.e., from 3 to 200 implications of the stock assessment (Addendum V) (Commission approved nautical miles (nm) offshore. These report, including recommendations to March 2004), and Addendum VI to regulations must be (1) compatible with address increasing lobster mortality and Amendment 3 (Addendum VI) the effective implementation of an to rebuild stocks. The Commission is (Commission approved February 2005). ISFMP developed by the Commission currently updating the American lobster Protection of broodstock lobsters is and (2) consistent with the national stock assessment, and a peer review of one of the overarching objectives in the standards set forth in section 301 of the the Commission stock assessment is Commission’s lobster management plan. Magnuson-Stevens Act. scheduled for completion in 2005. Although Addendum II pre-dates The Commission has developed a Addendum III, both addenda involve Purpose and Need for Management plan to end the overfishing and has protections designed to increase the American lobster are managed within requested assistance from the Federal abundance of broodstock lobsters and the framework of the Commission. The Government in the form of compatible thereby increase egg production. The Commission is a deliberative body Federal regulations. The Atlantic Commission’s recommendations to comprised of representatives both from Coastal Act directs the Federal implement the broodstock measures in the Atlantic coastal states and the Government to support the management Addenda II and III form the basis of the Federal Government. The Commission efforts of the Commission. Additionally, measures described in this proposed serves to develop fishery conservation to the extent the Federal Government rule. Broodstock protective measures and management strategies for certain seeks to regulate a Commission species, proposed in this regulatory action, and coastal species and coordinates the those Federal regulations must be in Addenda II and III, are the following: efforts of the states and Federal compatible with the Commission plan. increase in the minimum legal gauge Government toward concerted The proposed measures in this size in LCMAs 2, 3, 4, 5, and the Outer sustainable ends. The Commission regulatory action respond to: the Cape; increase in the size of escape decides upon a management strategy as biological need to address increasing vents on lobster traps in LCMAs 2, 3, 4, a collective, then forwards that strategy lobster mortality and to rebuild stocks; 5, and the Outer Cape; implementation to the states and Federal government the practical need to have uniform state of a maximum legal gauge size in LCMA along with a recommendation that the and Federal regulations; and, the legal 4 and 5; require mandatory V-notching states and Federal Government take need to support the Commission plan in of female lobsters carrying eggs in action (e.g., enact regulations) in complementary fashion. LCMA 1 and in LCMA 3 above the furtherance of this strategy. 42°30′ North latitude line; and require a Background The Commission reports that zero tolerance definition of V-notched American lobster (Homarus The Commission set forth the female lobsters in LCMA 1. americanus) experience high fishing foundation of its American lobster In response to the Commission’s mortality rates and are growth fishery management plan in Addendum II recommendations, NMFS overfished throughout their range (U.S./ Amendment 3 to the ISFMP published an advanced notice of Canada border to Cape Hatteras, North (Amendment 3) in December 1997. The proposed rulemaking (ANPR) in the Carolina). Overfishing is a rate of Federal Government issued compatible Federal Register on May 24, 2001 (66 removal that is too high and, if regulations that complemented FR 28726). The agency responded to the continued, the removals would not be Amendment 3 in December 1999. The Commission’s Addendum III by filing in sustainable. Growth overfishing, under Amendment 3 regulations established the Federal Register an ANPR and a the Commission ISFMP, means that assorted measures to directly, even if notice of intent (NOI) to prepare an most lobsters are harvested at or just preliminarily, address overfishing (e.g., environmental impact statement (EIS) above the legal minimum size and the trap caps and minimum gauge sizes). on September 5, 2002 (67 FR 56801). maximum yield is not produced because Amendment 3 created seven lobster This notice declared NMFS’ intention to of high fishing mortality on these management areas and industry led combine the Addendum II and smaller lobsters. In March 2000, the lobster management teams from which Addendum III rulemakings because the Commission issued an American lobster would spring recommendations for Addenda involved similar subject stock assessment report that concluded future measures to end overfishing. matter - namely management measures that the resource is growth overfished. Examples of such more specific designed to protect brood lobster stock. That assessment was further evaluated measures were set forth in Amendment Addenda II and III, however, also by an external peer review, which took 3 addenda: measures to limit future contain numerous other effort control place during May 2000. The stock access to LCMAs 3, 4, and 5 in management measures, such as a trap assessment external peer review Addendum I to Amendment 3 transferability program for the Outer concluded that fishing rates are (Addendum I) (Commission approved Cape Management Area and a unacceptably high, recruitment August 1999 - compatible Federal mandatory so-called ‘‘choose and use’’ overfishing is occurring, and that a regulations enacted March 2003); program for LCMA 3 fishers that would precautionary approach in management measures to increase protection of the require qualified permit holders to of the resource is warranted to sustain American lobster broodstock described permanently designate LCMA 3 when future viability of the lobster fishery. in this proposed rule as recommended renewing Federal lobster permits each Recruitment overfishing, under the in Addendum II to Amendment 3 year. Because these control measures are Commission ISFMP, means that the (Addendum II) (Commission approved so intimately a part of the subsequently number of new lobsters available to the February 2001); and Addendum III to developed Commission’s Addenda IV, fishery each year is reduced by high Amendment 3 (Addendum III) V, and VI, NMFS determined that those fishing mortality rates. Since most egg (Commission approved February 2002); effort control programs in Addenda II production is from recruits and the first and, measures to control fishing effort and III be analyzed contemporaneously molt group above the minimum legal being analyzed in a separate rulemaking with the Addenda IV - VI measures in size, a decline in recruitment would action recommended in Addendum IV a forthcoming EIS. Accordingly, NMFS lead to a decline in egg production. The to Amendment 3 (Addendum IV) published its ANPR along with an NOI Peer Review Report provided several (Commission approved December 2003), to address these lobster fishing effort management recommendations on the Addendum V to Amendment 3 control measures in a Federal Register
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52348 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules
notice dated May 10, 2005 (70 FR effort control measures. This proposed state and Federal level. The 24995). Therefore, measures proposed rule considers the management representative of an association of in this action would implement measures in these two addenda that are recreational diving clubs opposes specified lobster broodstock measures relevant to broodstock conservation. maximum sizes for lobster in Areas 4 from Addenda II and III, and a separate These are: recommendations for lobster and 5. Review of the comments revealed rulemaking will evaluate the effort minimum size increases and escape support from commenters for v-notching control measures specified in Addenda vent size increases in lobster of egg-bearing females in the Gulf of II - VI. conservation management areas (Areas) Maine portion of Area 3 and throughout At present, most states have issued 2, 3, 4, 5 and the Outer Cape Area 1. One state agency expressed their complementary Addenda II and III Management Area; implementation of a opposition to the Area 1 v-notch regulations, but the Federal Government maximum carapace size in Area 4 and requirement. All comments received has not. As a result, there is presently Area 5; mandatory v-notching of egg- with regard to the establishment of an a regulatory incongruence with the bearing female lobster in Area 1 and in overlap zone along the common Commission’s American lobster ISFMP, the Gulf of Maine portion of Area 3; a boundary of Area 3 and Area 5 support at least insofar as it pertains to the zero tolerance definition of v-notching this management measure. broodstock measures identified in in Area 1; and a 5–mile (8–km) overlap Addenda II and III. Most Federal lobster zone along the common boundary of Breakdown of Comments Received for permit holders also hold a state lobster Area 3 and Area 5. Each Request for Comments license, and they must abide by the Subsequent to the Commission’s ISFMP measures by virtue of their state approval of Addenda II and III to ANPR, published on May 24, 2001 license, even if the same restrictions Amendment 3 of the ISFMP, NMFS In response to the ANPR, published have not yet been placed on their solicited comments from the public by on May 24, 2001, sixteen comments Federal permit. Measures in this three separate actions published in the were received. Fifteen commenters proposed rule would primarily impact Federal Register: an ANPR on May 24, wrote in favor of the minimum gauge Federal lobster permit holders from 2001; a NOI dated September 24, 2001, size and escape vent size increases with states that have not implemented all both relative to Addendum II; and, a one opposed to these measures. Of those measures in the Commission’s ISFMP. combined ANPR/NOI, relative to both Generally, the exception to state Addenda II and III, published on that favored the gauge increases, nine coverage of all lobster ISFMP measures, September 5, 2002. As noted previously commenters specifically supported the under the Commission’s ISFMP, is for in this preamble, the effort control four additional gauge increases up to 3 states that are classified as de minimis recommendations in Addenda II and III 1/2 inches (8.89 cm), should they be states. Certain states located at the will be considered for Federal deemed necessary for conservation in southern end of the range can qualify for implementation in a separate Area 3, as set forth in Addenda II and de minimis status under the rulemaking action. Therefore, this III. One in favor of gauge increases up Commission’s lobster ISFMP if a given section is specific to the comments to 3 3/8 inches (8.57 cm) stated that the state’s declared annual landings, received on the broodstock conservation four additional gauge increases up to 3 averaged over a 2–year period, amount measures included in Addenda II and 1/2 inches (8.89 cm) should not be to less than 40, 000 lbs (18,144 kg) of III, which are relevant to this proposed implemented in Area 3. American lobster. While de minimis rule. NMFS notes that the public is NOI published on September 24, 2001 states are required to promulgate all encouraged to submit comments on this coastwide measures contained in proposed rule during the comment A total of 23 comments were received Amendment 3, many of the area-specific period as specified in the DATES section in response to the NOI published on management measures, including the of this document. September 24, 2001. Seventeen broodstock measures proposed in this Overall Summary of All Comments commenters were in favor of the Area 3 action, are not required to be Received in Response to the Three minimum gauge size increase to 3 3/8 implemented by the de minimis states Requests for Comments inches (8.57 cm), the additional gauge under the Commission’s lobster ISFMP. increases if necessary to 3 1/2 inches However, Federal lobster regulations To summarize, the majority of (8.89 cm), and the associated escape apply to all Federal lobster permit commenters to all three requests for vent size increases. holders, including permit holders comments were in favor of gauge residing in and landing in de minimis increases up to 3 3/8 inches (8.57 cm) Two individuals were opposed to states. Four states (North Carolina, in Areas 3, 4, 5 and the Outer Cape minimum gauge size increases. One Virginia, Delaware, and Maryland) are Area, with some favoring additional commenter noted an incorrect statement classified under the Commission’s increases to 3 1/2 inches (8.89 cm) if in the September 24, 2001 NOI lobster ISFMP as de minimis states in necessary for conservation in Area 3. concerning the escape vent increases. In 2005. Based on the analysis completed Generally, the comments were from general the statement reads that traps in for this action, approximately ten Area 3 fishermen and within the context all lobster management areas are subject percent of current Federal lobster permit of Area 3 gauge increases. A majority of to an escape vent size increase in holders are from de minimis states or commenters also favored the escape Addendum II. However, the commenter reside in states that may not have fully vent size increases consistent with those correctly noted that only those areas implemented all Commission ISFMP approved in Addenda II and III. At least with proposed gauge increases are management measures. one comment was received stating scheduled for escape vent size opposition to the additional gauge increases; specifically neither Area 1 Comments and Responses increases in Area 3 and the Outer Cape nor Area 6 are scheduled for escape vent Addenda II and III to Amendment 3 Area beyond 3 3/8 inches (8.57 cm). A increases in Addenda II. NMFS notes of the Commission’s Interstate Fishery commenter expressed concern over the this oversight and will assess, within Management Plan for American Lobster ability to enforce lobster regulations and the context of this rulemaking, the gauge (ISFMP) include both lobster broodstock pointed out the complexities of and escape vent size increases as set conservation measures and lobster trap enforcing differing regulations at the forth in the Addenda.
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52349
ANPR/NOI published September 5, analysis and to comment further on this, laws.’’ Accordingly, NMFS expects that 2002 or any other issue, in this proposed rule. states with more restrictive gauge and Comment 2: One state agency, in Twenty-two comments were received vent regulations should be able to response to the NOI on September 24, in response to the combined ANPR/NOI enforce those regulations because the 2001, recommended that if the published September 5, 2002. Five Federal Government has expressly minimum gauge size does increase, the support the gauge size increases in the stated that it has not preempted the field legal minimum size for lobster should addenda while one individual is relative to more restrictive gauge and remain consistent in all lobster opposed to the additional minimum size vent sizes. In this particular instance, conservation management areas to increases in Area 3 and the Outer Cape dual state/Federal permit holders would facilitate enforcement and minimize be able to comply with both state and Area beyond 3 3/8 inches (8.57 cm) and marketing problems. Federal regulations by complying with supports consistent management Response: NMFS acknowledges the the more restrictive state regulation, and measures in all areas. Thirteen complexities associated with differing indeed a state might so enforce such commenters support the escape vent management measures amongst compliance. The ‘‘more restrictive’’ size increases with one opposed. One management areas. The agency further regulatory concept embodied in 50 CFR supports a maximum gauge size and one acknowledges that uniformity and 697.(3) becomes especially germane in is opposed. Twelve support v-notch standardization amongst management situations where the Federal requirements in Area 3 with none areas would simplify some of these Government is in the process of creating opposed. One supports a v-notch complexities. The agency, however, has compatible regulations in response to requirement in Area 1 with one to balance the utility in having a Commission recommendations. Federal opposed. Twelve support the uniform management scheme against its rulemaking, with the numerous establishment of an overlap zone along obligation to support a Commission statutory obligations attendant thereto, the common boundary of Area 3 and management program that has, as two of can be a far more time consuming Area 5 with none opposed. One its objectives, the maintenance of process than rulemaking at the state comment was received in opposition to flexible regional programs and level. Accordingly, states are often able the Federal prohibition on changes to maintenance of existing social and promulgate regulations in response to the lobster management area cultural features of the industry Commission regulations quicker than designations on the Federal permit wherever possible. Both such objectives the Federal Government. Thus, the when Federal permits are sold. One form the foundation of the area Federal regulation at 50 CFR 697.3(3) commenter supports a change to the management scheme established in provides a degree of regulatory stability Federal regulations to allow Amendment 3 to the Commission’s during the Federal rulemaking inter authorization of a substitute vessel to ISFMP. This proposed rule seems to period. haul gear of an inoperable vessel with achieve balance. It simplifies overall Comment 4: More than one a Federal permit. A representative of an lobster management, thereby facilitating commenter who favors gauge increases association of recreational diving clubs enforcement, by making Federal lobster stated that the additional gauge is opposed to maximum size limits that regulations more consistent with increases up to 3 1/2 inches (8.89 cm) would impact the recreational dive existing state regulations. Yet, the should not be implemented in Area 3. fishery in Areas 4 and 5. One proposed rule remains supportive of the Response: NMFS proposes to commenter expressed concern about the area management construct set forth in implement the minimum size increases complexity of enforcing management the ISFMP by acknowledging that to 3 3/8 inches (8.57 cm)) and escape measures that differ at the state and lobster biology and industry practices vent size increases (2 inches by 5 3/4 Federal level. differ throughout the vast range of this inches (5.08 cm x 14.61 cm)) Responses to Comments fishery, and thus, a ‘‘one-size-fits-all’’ rectangular, and 2 5/8 inches (6.67 cm) approach, although potentially easier to circular, consistent with Addenda II and Comment 1: The great majority of enforce (but only if all states endorsed III in Areas 2, 3, 4 and 5 and the Outer commenters recommend that the gauge such an approach - if some states made Cape Management Area. The additional increases set forth in Addenda II and III their regulations uniform, but others did gauge increases up to 3 1/2 inches (8.89 be implemented, along with the not, then enforcement might actually cm) were included in the addenda for associated escape vent size increases. become more complicated) might implementation only if it was There were a total of four opposing undermine the objectives of area determined that they were necessary for comments, although none detailed the management. conservation. However, the gauge size basis of their opposition. Comment 3: Comments on at least two increase schedule approved by the Response: NMFS proposes to occasions supported the gauge and vent Commission has already directed states implement the minimum gauge size size increases and cautioned that to implement the first of these increases (up to 3 3/8 inches (8.57 cm)) inconsistent state and Federal ‘‘additional’’ minimum carapace size and the associated escape vent size regulations create management and increases, that is 3 13/32 inches (8.66 increases in Areas 2, 3, 4, 5 and the enforcement difficulties. cm) in Areas 3 and Outer Cape. Outer Cape Management Area, to be Response: NMFS believes that the Regardless, since these additional gauge compatible with the ISFMP. NMFS proposed rule addresses many increases are being evaluated in the believes that implementing these discrepancies between state and Federal current stock assessment, NMFS does measures will facilitate enforcement of regulation. NMFS notes, however, that not propose to implement the gauge lobster regulations and improve egg although present Federal and state increases above 3 3/8 inches (8.57 cm) production consistent with the intent of gauge regulations may differ at this at this time until a more thorough the ISFMP. NMFS does, however, time, the regulations do not conflict. analysis of their necessity is completed. acknowledge those commenters in Specifically, Federal regulations at 50 Comment 5: One commenter opposition to the gauge increases, and CFR 697.3(3) state that ‘‘The regulations expressed support for amending the has reviewed such an alternative in its in this part do not preempt more current measure in the Federal lobster draft Environmental Assessment. NMFS restrictive state laws, or state regulations prohibiting changes during invites the commenters to review the enforcement of more restrictive state the Federal fishing year to lobster
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52350 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules
conservation management area the agency’s analysis in this proposed December 31, 2005, to December 31, designations after the Federal permit rule and provide comments by the end 2008. Accordingly, this action would has been issued. of the comment period as specified in revise the timeline to restore egg Response: The current regulations the DATES section of this document. production in each of the management allow changes to the lobster trap area areas to 10 percent or greater of the egg Proposed Changes from the Current designations on the Federal permit only production of an unfished population Regulations during a vessel replacement or at the (i.e., the present overfishing definition) start of the Federal fishing year. This This Federal lobster management by December 31, 2008. This action is proposed rule offers a measure to allow action proposes the following specific based upon the most recent stock the trap area designations to be altered, management measures, as described assessment and is recommended by the after the permit has been renewed for here. Commission. the fishing year, in the event of the sale Modify Egg Production Schedule or transfer of a Federal lobster permit, Increased Minimum Harvest Size in or within 45 days of the effective date The American lobster resource is LCMAs 2, 3, 4, 5, and the Outer Cape of the permit. This change will more considered overfished when the fishing One key Addendum II broodstock clearly set forth NMFS regulatory mortality rate (F) results in a reduction management measure was to increase practices, is consistent with the current in estimated egg production per the minimum legal harvest size of practices for other Federal fisheries harvestable lobster to 10 percent (F10 American lobster from 3 1/4 inches to permits and will give Federal permit percent) or less of a non-fished 3 3/8 inches (8.26 cm to 8.57 cm) holders a chance to make a change if a population. In other words, lobsters are carapace length in certain LCMAs. The mistake was made when areas were considered overfished when harvest so carapace is the unsegmented body shell initially designated. reduces the amount of lobsters of the American lobster. Carapace length Comment 6: A comment was received remaining in the water that the is the straight line measurement from in support for Federal authorization of remaining lobsters can produce no more the rear of the eye socket parallel to the a substitute vessel to haul the lobster than 10 percent of the eggs that an center line of the carapace to the trap gear of an inoperable vessel with a unfished population would produce. If posterior edge of the carapace. Many Federal lobster permit. lobsters are overfished- i.e., the scientists believe that many lobsters are Response: NMFS agrees and proposes remaining uncaught lobsters are so few harvested before they have had an to allow short-term removal of trap gear that they can only produce as a group opportunity to reproduce. Hence, from the water with a substitute vessel 10 percent of the number of eggs that an increasing the minimum legal size of when a Federally permitted vessel is unfished population would collectively lobster would force fishers to throw inoperable. This will facilitate the produce, then the present Commission back lobsters at the present legal ability of fishermen to abide by the lobster plan recommends that managers minimum size, allowing those lobsters regulations in 50 CFR 229 that require act to restore egg production to 10 an additional season to remain in the all set gear to be tended every 30 days percent or greater by a date certain, water, mature and reproduce. to decrease the jeopardy to marine presently December 31, 2005. Accordingly, increasing the minimum mammals. This measure will also help Originally, in Addendum I, the carapace length or minimum gauge size to prevent gear theft and potential Commission targeted a rough deadline will protect a larger number of mature creation of hazardous ghost gear that (December 31, 2005) by which they female American lobsters, the may occur when traps are left hoped to end overfishing. In so doing, broodstock, and increase egg production unattended for relatively long periods. the Commission used the best available by allowing reproduction in a sector of Comment 7: The representative of an stock information, but admittedly dated the population that many believe has association of recreational scuba divers information, to extrapolate out an egg heretofore been harvested before in New Jersey questions how the production schedule - a time line with reaching maturity. proposed maximum lobster carapace interim objectives - that would meet the Addendum II includes a series of sizes in Areas 4 and 5 will affect the targeted deadline of December 31, 2005. minimum gauge size increases in state recreational divers who seek to harvest The Commission acknowledged, and Federal waters of LCMAs 2, 3, 4, 5, ‘‘trophy’’ lobsters. however, that the Addendum I schedule and the Outer Cape, but not LCMA 1 Response: NMFS believes that and target deadline would need to be and LCMA 6 (Long Island Sound). By regulations to implement maximum adjusted in later addenda following the approving Addendum II, the states carapace size limits in Area 4 and 5 will peer reviewed stock assessment agreed to implement annual Area- not substantially impact the recreational conducted in 2000. specific gauge increases beginning dive fishery for lobster. As a preliminary The May 2000 the peer-reviewed December 31, 2001. NMFS received a matter, these size limitations will still American lobster stock assessment recommendation from the Commission allow scuba divers to harvest trophy confirmed that overfishing of American to implement complementary Federal sized lobsters - up to 5 1/2 inches (13.97 lobster stocks is occurring throughout measures for Federal waters of LCMAs cm) in Area 5 and 5 1/4 inches (13.34 the species’ range. Based upon the year 2, 4, 5, and the Outer Cape, as well as cm) in Area 4. The commenter provided 2000 stock assessment, the Commission in LCMA 3 (comprised entirely of no objective information relative to revised its target deadline to end Federal waters). Specifically, the numbers of lobster typically caught overfishing to December 31, 2008. minimum allowable harvest size of above 5 1/2 inches (13.97 cm) in Area Accordingly, the Commission, in American lobster in state waters of 5 and 5 1/4 inches (13.34 cm) in Area Addendum II and its recommendations LCMAs 2, 4, 5, and the Outer Cape 4. Based upon the best available to the Federal Government, revised the increased 1/32 inches (0.08 cm) information and location of the involved schedule for increasing egg production annually until 2004 to an ultimate areas, NMFS does not believe the to account for updated information on minimum size of 3 3/8 inches (8.57 cm), number of lobster expected to be caught the current status of the stock. except for the de minimis states and the by divers above the proposed maximum This proposed Federal action would State of Maine. The Commission size to be significant. NMFS, however, revise and extend the egg production recommends that the gauge increases in invites the public to further comment on schedule time line by three years, from Federal waters of LCMA 2, 4, 5, and the
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52351
Outer Cape, as well as in LCMA 3 inches (6.67 cm) in diameter, was 5, 6, the Outer Cape or LCMA 3 below increase to an ultimate minimum size of evaluated by the Commission’s Lobster the 42 30’ North latitude line. 3 3/8 inches (8.57 cm). Technical Committee and determined to This proposed Federal management provide the maximum escapement of Implement Zero Tolerance V-Notching measure would implement a single 1/8 sublegal lobsters under 3 3/8 inches in LCMA 1 inch (0.32 cm) increase in the Federal (8.57 cm), which is consistent with 100 Zero tolerance v-notching of female minimum allowable harvest size of percent retention of legal lobsters. lobsters relates both to the interpretation American lobster in LCMAs 2, 3, 4, 5, This proposed Federal management of what constitutes a v-notch and the and the Outer Cape. The lobster measure would implement a single 1/16 limited latitude that the government minimum size increase would result in inch (0.16 cm) increase in the Federal will grant a violator possessing a v- a change of the current minimum minimum lobster trap rectangular notched lobster. Commission harvest size from 3 1/4 inches to 3 3/8 escape vent opening of lobster traps in inches (8.26 cm to 8.57 cm) in LCMAs LCMAs 2, 3, 4, 5, and the Outer Cape. guidelines, as well as state and Federal 2, 3, 4, 5, and the Outer Cape. LCMA 1 The increase would require at least one regulations, prohibit the harvesting of v- and LCMA 6 would retain the current rectangular escape vent with an notched lobsters. Prior to Addendum III, minimum harvest size of 3 1/4 inches unobstructed opening not less than 2 however, the ISFMP, and current (8.26 cm). Although a 4–year phased in inches by 5 3/4 inches (5.08 cm by 14.61 Federal regulations for all LCMAs, Federal implementation of the 3 3/8 cm) per trap or at least two circular provided only one definition of what inches (8.57 cm) minimum harvest size escape vents per trap measuring 2 5/8 constituted a v-notched lobster, i.e., the in LCMAs 2, 3, 4, 5, and the Outer Cape inches (6.67 cm) in diameter. At the Commission and current Federal is technically the Commission’s current time, Federal regulations require regulations defined ‘‘v notch’’ as being recommendation, as specified in a letter that all lobster trap gear must have a a straight-sided cut, without setal hairs, dated February 13, 2001, due to the rectangular escape vent with an at least 1/4 inch (0.64 cm) in depth and passage of time and compatible state unobstructed opening not less than 1 tapering to a point. In contrast, lobster regulations currently at 3 3/8 inches 15/16 inches by 5 3/4 inches (4.92 cm fishers from Maine had long considered (8.57 cm) minimum harvest size, it by 14.61 cm) or two circular escape a v-shaped notch to be a cut ‘‘of any likely no longer represents the vents with unobstructed openings not size’’ in the flipper next to and to the Commission’s preference. less than 2 7/16 inches (6.19 cm) in right of the center flipper, and Maine diameter. LCMA 1 and LCMA 6 would State regulations prohibited possession Modify Size of Lobster Trap Escape retain the current Federal rectangular based on that more restrictive Vents in LCMAs 2, 3, 4, 5, and the Outer and circular lobster trap escape vent definition. Possessors of v-notched Cape requirements. lobsters outside of Maine State waters in Lobster trap escape vents are another LCMA 1, often argued that a clearly v- Require Mandatory V-Notching in management measure designed to notched lobster was legal to possess LCMA 1 and in LCMA 3 above the 42 increase egg production. Conceptually, because the v-notch was less than 1/4 30’ North Latitude Line escape vents are holes intentionally inch (0.64 cm) or that the cut was not placed in the trap that are large enough Mandatory v-notching is another obviously straight sided. Maine argued to allow sublegal lobsters caught in a management measure designed to that its definition ensured protection of trap to exit, yet be small enough to increase egg production. V-notching is a female lobsters beyond the first molt, prevent legal sized lobsters from process wherein a lobster fisher cuts a since after the first molt, possession was escaping. v-shaped notch into the flipper in the prohibited if there was a notch of any Addendum II called for an increase in tail of an egg-bearing female lobster. size discernable. The Commission, in the rectangular escape vent minimum Any subsequent lobster fisher catching Addendum III, supported and approved size from 1 15/16 inches by 5 3/4 inches that v-notched lobster must return it to recommendations throughout LCMA 1 (4.92 cm by 14.61 cm) to 2 inches by 5 the sea. As such, v-notching is a that sought to define ‘‘v-notch’’ as being 3/4 inches (5.08 cm by 14.61 cm). These management measure designed to a v-shaped notch of any size in the recommendations were made to the specifically protect the female lobster flipper next to and to the right of the Federal Government in a letter dated broodstock. At present, there is no center flipper as viewed from the rear of February 13, 2001, and are consistent Federal requirement to cut a v-shaped the female lobster. The Commission with and follow the Commission’s notch into the flipper in the tail of an recommended that the Federal recommended increase in the minimum egg-bearing female lobster, although regulations be amended consistent harvest size of American lobster from Federal regulations currently prohibit therewith. the current minimum harvest size of 3 possession of female lobsters possessing 1/4 inches to 3 3/8 inches (8.26 cm to a v-notch. The Commission has This proposed Federal management 8.57 cm). As with the increased recommended that the Federal measure would amend the Federal v- minimum gauge size, the Commission Government require mandatory v- notch definition to include a second, so recommended that the increase in the notching for all Federal vessels fishing called zero tolerance, definition of a v- trap escape vent size apply only to in LCMA 1 and in LCMA 3 above the notched lobster to mean a v-shaped lobster trap gear fished in state and 42° 30′ North latitude line. notch of any size in the flipper next to Federal waters of LCMAs 2, 3, 4, 5, and This proposed Federal management and to the right of the center flipper as the Outer Cape, but not LCMA 1 and measure would require all Federal viewed from the rear of the female LCMA 6. An increase in the size of the lobster fishers with LCMA 1 permits to lobster in all of LCMA 1. Federal escape vent opening by 1/16 inch ( 0.16 v-notch all egg bearing lobsters and regulations would retain the current cm), by requiring at least one would mandate all Federal permit definition of a v-notched lobster in all rectangular escape vent with an holders fishing in LCMA 3 above the 42° other LCMAs (LCMAs 2, 3, 4, 5, 6, and unobstructed opening not less than 2 30′ North latitude line to v-notch all egg- the Outer Cape), as being a straight- inches by 5 3/4 inches (5.08 cm by 14.61 bearing female lobsters. There would be sided cut, without setal hairs, at least 1/ cm) per trap, or at least two circular no requirement to v-notch all egg- 4 inch (0.64 cm) in depth and tapering escape vents per trap measuring 2 5/8 bearing female lobsters in LCMAs 2, 4, to a point.
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52352 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules
Implement a Maximum Harvest Size in This proposed Federal management was deemed problematic for LCMA 5 LCMA 4 and LCMA 5 measure would amend Federal lobster lobster fishers, because resource regulations to set a maximum size availability is variable at the southern Another management measure restriction for possession of female end of the range. The Commission, in designed to protect lobster broodstock is lobsters for Federal permit holders Addendum III, proposed a 5–mile (8– the implementation of a maximum fishing in, or electing to fish in LCMA km) overlapping boundary zone harvest size for lobster. Scientific 4 and LCMA 5. This proposed measure between LCMAs 3 and 5, extending in evidence seems to indicate lobster can would prohibit the possession of a to LCMA 3 along the length of the be a long-lived species, up to and over female lobster with a carapace size in eastern most border of LCMA 5 for 5 50 years of age, and that bigger lobsters excess of 5 1/4 inches (13.34 cm) in miles (8 km), and recommended that the are more successful breeders, produce LCMA 4 and would prohibit the Federal Government implement more eggs, and those eggs are more possession of a female lobster with a regulations consistent therewith. likely to survive. For that reason, carapace size in excess of 5 1/2 inches This proposed Federal management maximum size gauge restrictions on (13.97cm) in LCMA 5. action would establish a 5–mile (8–km) lobster can improve egg production by overlapping boundary zone between Establish a Overlap Zone Between prohibiting harvest of bigger, and LCMAs 3 and 5, extending along the LCMA 3 and LCMA 5 potentially, better breeding lobsters, length of the eastern most border of forcing their return to the sea and Lobster management in the southern LCMA 5 for 5 miles (8 km) in to LCMA allowing further reproduction. In end of the range is complicated by a 3. Federal lobster vessels in possession Amendment 3, the Commission set a 5– number of factors, including distinct of an LCMA 5 lobster permit, but not an inch (12.7–cm) maximum gauge size seasonality, limited abundance of LCMA 3 permit, would not be bound by (carapace length) on all male and female lobsters, reliance on multiple mixed LCMA 3 regulations within the lobsters caught in LCMA 1. The fisheries, and the similarity between proposed overlap zone. Federal lobster Amendment 3 recommendations have finfish traps and fishing methods used vessels in possession of an LCMA 3 already been incorporated into Federal to harvest American lobster. With the permit, but not an LCMA 5 permit, law. The Commission, in Addendum III, approval of Addendum I and the would not be bound by LCMA 5 called for a 5 1/4–inch (13.34–cm) establishment of a historical regulations within the proposed overlap maximum gauge size on all female participation based limited entry zone. Federal lobster vessels in lobsters harvested in LCMA 4, and a 5 program for continued access to LCMA possession of an LCMA 3 and LCMA 5 1/2-inch (13.97–cm) maximum gauge 3, those lobster fishers in LCMA 5 permit would be required to comply size on all female lobsters harvested in fishing near the boundary with LCMA 3 with the most restrictive regulations LCMA 5. The Commission requested were disadvantaged. Specifically, a applicable within the proposed overlap that the Federal Government implement requirement to document annual lobster zone. compatible maximum gauge size landings in excess of 25,000 lbs to The Proposed LCMA 3/LCMA 5 regulations in LCMAs 4 and 5. qualify for continued access to LCMA 3 coordinates are as follows:
Current Coordinates Proposed Overlap Coordinates
° ° ° Longitude Point Latitude ( N) Longitude ( W) Latitude ( N) (°W)
V 39°50′ ...... 73°01′ ...... 39°50′ ...... 72°55′. X 38°39.5′ ...... 73° 40′ ...... 38°38.2′ ...... 73°33.8′. Y 38° 12′ ...... 73°55′ ...... 38°10.4′ ...... 73°49′. Z 37°12′ ...... 74°44′ ...... 37°10.6′ ...... 74°38′. ZA 35°34′ ...... 74°51′ ...... 35°31.9′ ...... 74°45.5′. ZB 35°14.5′ ...... 75°31′ ...... 35°14.5′ ...... 75°19.3′. From point V, current coordinates extending out to new overlap coordinates, back to point ZB.
Clarify Existing Regulations Allow a Change in the LCMA management measures in effect for any Designations one of the specified areas, regardless of These measures attempt to clarify Current Federal regulations at 50 CFR the area being fished, for the entire existing Federal lobster regulations and fishing year.’’ Individuals, however, propose to: allow a change in the LCMA 697.4(a)(7)(iv) prohibit a Federal lobster permit owner from changing the could circumvent this most restrictive designations upon sale or transfer of a provision if they were allowed to drop fishing vessel with a Federal lobster permit’s lobster management area designations during the fishing year. In or add LCMA permit designations based permit, or within 45 days of the permit’s other words, lobster fishers have yearly on the seasonal availability of the effective date; clearly reference other flexibility to designate new or different resource, or if management measures laws and regulations applicable to LCMAs when they renew their annual within a certain management area Federal lobster permit holders; clearly permit, but upon making that became more or less restrictive during prohibit hauling or possession of lobster designation, fishers are bound by that the year. trap gear belonging to another vessel; choice for the remainder of the fishing Although the restriction on changing and, exempt lobster trap gear retrieval year. This measure was designed in LCMA designations was designed to from provisions of the exempted fishing large part to close a potential regulatory prevent speculative add/drop fishing regulations by a substitute vessel if a loophole. That is, Federal regulations at practices, it was not intended to apply Federally permitted vessel is inoperable § 697.4(a)(7)(v) mandate that permits to vessel sales and transfers or or mechanically impaired. with multiple LCMA designations must unintended errors in the permit category abide by ’’...the most restrictive selection noted upon issuance or
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52353
renewal of a vessel permit. The Federal lobster permit is held this gear possession/hauling prohibition regulation specifically allows a change conditionally, subject to the permit but again do so in similarly circuitous, in permit LCMA designation for a holder abiding by all state and local even if clear, fashion. For example, 50 replacement vessel. The term laws, as well as ’’... the requirements of CFR 697.7(1)(c)(vii) prohibits hauling ‘‘replacement vessel,’’ however, could this part,’’ which itself is regulatory and possession of traps above a permit be interpreted narrowly as pertaining to parlance for ‘‘subject to the holder’s trap limit, and 50 CFR a vessel that replaces a former vessel for requirements of Title 50 of the Code of 697.7(c)(xii) prohibits possession of a reasons other than the sale of that Federal Regulations, Part 697--Atlantic lobster trap tag issued to another vessel. former vessel (e.g., the former vessel Coastal Fisheries Cooperative Accordingly, hauling and possession of being permanently or temporarily Management. Included in ‘‘this part’’ another vessel’s lobster gear is presently decommissioned due to damage or (i.e., part 697) is § 697.3 - Relation to prohibited but stating that prohibition engine trouble, etc.). Accordingly, the Other Federal and State Laws. Within more directly might reduce the present regulatory text has confused Section § 697.3 is reference to and perception of confusion on the issue. some lobster fishers as to their ability to incorporation of §§ 307 through 311 of This Federal action would clarify the re-designate LCMAs upon the sale and the Magnuson-Stevens Act, which existing regulations to more directly receipt of a new vessel and permit. generally relate to enforcement. Also state the present prohibition against the Furthermore, the existing regulatory text within § 697.3 is a statement hauling and possession of another’s could be interpreted narrowly to incorporating by reference 50 CFR lobster trap gear. prevent a correction to either a new 600.705–Relation to Other Laws, which Exempt Gear Retrieval from Exempted vessel application or permit renewal, if sets forth other pertinent Federal laws Fishing Regulations an error occurs in the permitting that Federal lobster permit holders must process. This change would allow a re- abide by, including those regulations in Federal lobster regulations, specified designation of the vessel permit LCMA Part 229 - Authorization For at 50 CFR 697.22 - Exempted fishing, category upon sale or transfer of a vessel Commercial Fisheries Under the Marine allow the Regional Administrator to with a lobster permit. This change Mammal Protection Act of 1972. Still exempt any person or vessel from would allow permit holders, upon further, within part 229 are lobster Federal lobster regulations for the initial receipt of a new or renewed restrictions pertaining to gear, time and conduct of exempted fishing beneficial permit, one opportunity to request a area that are designed to benefit marine to the management of the American change in the permit LCMA category if mammals. Thus, gear, time and area lobster, weakfish, Atlantic striped bass, requested within 45 days of the effective restrictions specified within part 229 are Atlantic sturgeon, or horseshoe crab date of the vessel’s permit. If such a conditions of a Federal lobster permit resources or fisheries, pursuant to the request is not received within 45 days held under § 697.4(b), although it provisions of § 600.745. However, since of the effective date of the vessel’s requires multiple steps to make the administrative compliance the permit, the vessel owner may not connection and could be written in exempted fishing procedures may request a change in the permit category more direct fashion. require up to sixty days to complete, a for the duration of the fishing year. This proposed Federal action would narrow interpretation of the exempted Provision for one opportunity to change clarify the existing regulations to more fishing regulations could significantly categories, if requested within 45 days, directly reference lobster permit delay the ability of a Federal permit will bring lobster permitting procedures conditions that exist outside of part 697. holder to retrieve lobster trap gear if a in line with existing procedures The agency would amend § 697.4(b)- Federal vessel is inoperable or currently in place for other Northeast Conditions to include a direct statement mechanically-impaired. vessel permit practices. that lobster permit holders are subject to NMFS proposes a modification to 50 This proposed Federal action would the laws and regulations administered CFR 697.22 to allow the Regional clarify the existing regulations to by NOAA, including the Endangered Administrator for the Northeast Region, specifically allow a lobster fisher to re- Species Act, the Marine Mammal or the Director of the Office of designate LCMAs on a newly purchased Protection Act and the gear, time and Sustainable Fisheries, as appropriate, to permit, a transferred permit, or within area restrictions thereunder, as well as authorize a substitute vessel to haul 45 days of the effective date of the the enforcement provisions of the ashore the lobster trap gear of an vessel permit. Magnuson Stevens Act. The agency inoperable or mechanically-impaired would also amend Section 697.7– federally permitted lobster vessel Clearly Reference Other Pertinent Prohibitions to track the newly added without having to engage in the Federal Laws text in Section 697.4(b)-Conditions. exempted fishing process outlined at 50 Presently, lobster regulations are CFR 600.745 - Exempted fishing. This Prohibit the Hauling or Possession of issued under the Atlantic Coastal Act in revision would allow NMFS to more Another’s Gear Title 50 of the Code of Federal expeditiously address pressing needs Regulations, Part 697--Atlantic Coastal Current Federal regulations at 50 CFR than is currently provided in the Fisheries Cooperative Management. 697.7(c)(1)(viii) generally prohibit regulations. Federal lobster permits, however, are permit holders from possessing or also held subject to conditions hauling improperly identified lobster Corrections contained in acts other than the Atlantic trap gear. According to Federal In addition to the proposed measures Coastal Act and regulatory parts other regulations at 50 CFR 697.21, lobster described here, the following change is than part 697. Although there are clear trap gear is improperly identified if the proposed to correct an inaccurate links in part 697 to these other trap is not properly tagged to identify reference in the regulations. NMFS conditions, the pathway could be stated the vessel possessing or hauling it. To proposes a modification to § 697.21 - more plainly. For example, lobster put it more directly, which is what this Gear identification and marking, escape permit conditions are stated in and proposed Federal action seeks to do, a vent, maximum trap size, and ghost through the regulation at 50 CFR vessel may only possess or haul its own panel requirements. Specifically, 697.4(b) - Vessel Permits and Trap Tags: gear and not gear tagged to another. § 697.21(f) references enforcement Conditions. According to § 697.4(b), a Other lobster regulations also address action and seizure and disposition
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52354 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules
authority by reference to ‘‘part 219 of traps, but then being able to transfer and specified in Addendum IV. After further this title’’. Part 219 of this title has been reapportion that allocation among analysis of the impacts of the effort superceded, and the authority for themselves. Trap transferability is born control measures, the subcommittee enforcement action now resides at 15 out of the concept of Individual Fishing concluded the measures, as specified in CFR 904. NMFS proposes § 697.21(f) be Quotas and would be categorized as a Addendum IV, would not effectively revised to reference the correct authority Dedicated Access Program as the U. S. achieve the objectives to cap fishing to enforce seizure and disposition as Commission on Ocean Policy has effort in LCMA 2. Therefore, in February follows: Enforcement action. recently defined the term in its report to 2005, the Lobster Board approved Unidentified, unmarked, unvented, Congress. The U.S. Commission on Addendum VI which retracted the improperly vented American lobster Ocean Policy’s report identified the LCMA 2 effort control plan contained in traps, or, beginning May 1, 2000, any potential value of Dedicated Access Addendum IV. Discussions within the untagged American lobster traps, or any Programs, but acknowledged that many LCMA 2 industry participants are lobster traps subject to the requirements issues still needed resolution. The ongoing at this time to develop a and specifications of § 697.21, which Ocean Policy Commission modified effort control plan for LCMA fail to meet such requirements and recommended development of national 2 to more effectively cap effort at or near specifications may be seized and guidelines for dedicated access current levels. disposed of in accordance with the privileges that allow for regional Accordingly, NMFS is presented with provisions of 15 CFR 904. flexibility in implementation’’ and the following: an Outer Cape LCMA further identified issues that such plan that is lacking, albeit Management Actions Considered but guidelines should address. understandably, in detail relative to the Rejected At this Time The Outer Cape LCMA plan does not analysis on some issues on Dedicated NMFS is not proposing to adopt address many of the Dedicated Access Access Programs; work by the certain management actions Program issues identified by the U.S. Commission’s Lobster Board recommended by the Commission for Commission on Ocean Policy for at least Transferability Subcommittee for which Federal lobster permit holders at this one obvious reason namely, that the there is as yet no uniform Commission time, including: implementation of a LCMA plan predates the Ocean Policy policy; and finally, more detailed (and limited entry and trap transferability Commission’s report by over two years. subsequently developed) LCMA 2 and 3 program for the Outer Cape LCMA; a Nevertheless, the Commission did Dedicated Access Programs that require mandatory requirement to elect LCMA 3 subsequently approve a more detailed analyses along with the Outer Cape if qualified; a mandatory vessel logbook Dedicated Access or Trap LCMA Dedicated Access Program. As a reporting requirement; and, imposition Transferability Program for LCMA 3 in result, NMFS announced its intention to of restrictions on vessel upgrades. These Addenda IV and V. LCMA 3 is further act upon the Commission’s topics are discussed in greater detail along in the potential Dedicated Access recommendations for fishing effort below. Program process by virtue of already control programs for LCMAs 2 and 3, Outer Cape Limited Entry / Trap limiting access and establishing and the Outer Cape, and the potential Transferability maximum trap allocations in for similar programs in other LCMAs in Addendum I, for which compatible a Federal Register document dated May In Addendum III to the ISFMP, the Federal regulations were promulgated in 10, 2005 (70 FR 24495). Commission proposed limiting fishing March 2003 (68 FR 14902). LCMA 3 ‘‘Choose and Use’’ access to the Outer Cape LCMA, Additionally, Addendum IV included allocating traps to qualifiers and then effort control measures for LCMA 2, The Commission in Addendum III set reducing the numbers allocated, and including a potential Dedicated Access forth a management measure specific to finally allowing traps to be transferred Program. Following approval of LCMA 3 entitled ‘‘Choose and Use.’’ among those individuals who qualify for Addendum IV, the Commission Under current Federal lobster access. Many of the details necessary to established a Trap Transferability regulations, permit holders have implement the plan measures by diverse Subcommittee in 2004 to bring the considerable freedom of choice in regulatory agencies may allow for involved regulatory agencies together to designating fishing areas when they latitude in interpretation. The majority establish an effective multi- renew their permit each year. Although of lobstermen fishing in the Outer Cape jurisdictional implementation protocol a person cannot choose LCMAs 3, 4, or LCMA reside in Massachusetts, the and to help resolve transferability 5 without having first qualified into Outer Cape LCMA is the only LCMA in coordination issues. The work of the those areas, presently most of the which a single state (Massachusetts) sub-committee is ongoing, but at LCMAs are open access to any person does not share its nearshore jurisdiction present, no consensus has been reached with a Federal lobster permit, subject to with any other state. The Massachusetts on how to address Dedicated Access more restrictive state regulations. Division of Marine Fisheries held (Trap Transferability) Program issues However, there are no LCMAs that a multiple public hearings on effort nor have any final recommendations permit holder must choose when control proposals and presented been made to the Commission’s Lobster renewing a Federal lobster permit. The alternatives for Massachusetts license Board. Commission’s recommended Choose holders electing to fish in LCMAs 1 and After an initial review, the Trap and Use plan, however, would require 2, in addition to the Outer Cape LCMA. Transferability Subcommittee changes in the present Federal Ultimately, Massachusetts submitted concluded that key components of the regulations. and received Commission concurrence Addendum IV effort control plan for Choose and Use would obligate to implement a conservation equivalent LCMA 2 prevented its implementation LCMA 3 permit holders to designate effort control program for the state by all regulatory agencies. In May 2004, (i.e., ‘‘choose’’) LCMA 3 on their Federal waters of the Outer Cape LCMA. the subcommittee recommended to the permits when renewing Federal permits Central to the Outer Cape LCMA plan Lobster Board that the LCMA 2 effort each year. To the extent a qualified is the transferability of allocated traps. control measures be delayed until all permit holder did not choose LCMA 3, Trap transferability relates to fishers regulatory agencies are able to then that permit holder would be barred being allocated a specific number of implement the effort control measures from designating LCMA 3 on his or her
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52355
permit in future years, although the requirements for Federal limited access restrictions would be unnecessarily permit would still retain its LCMA 3 permit holders were developed to costly and burdensome to fishers qualification and if sold, the subsequent accommodate traditional finfish harvest because existing baseline vessel owner would then be able restart the from mobile gear vessels and is characteristics on many vessels are LCMA 3 Choose and Use process. As burdensome for traditional trap gear likely undocumented. The analysis with all Federal permit holders, those fishermen. At this time, several state further stated that vessel upgrade fishers designating multiple LCMAs on and Federal pilot programs are limitations may pose safely constraints their permit must abide by the most underway, or have been completed with and offered no obvious conservation restrictive regulations among the the intent to develop a reporting benefits to the resource. In addition, the LCMAs. platform tailored for lobstermen and implementation of trap limits, either The juxtaposition of the Federal potentially to report their catch data fixed or based on a historical level of ‘‘Most Restrictive’’ regulation and the from multiple fishing trips at one time participation, has the potential to proposed Choose and Use plan could rather than on a daily trip by trip basis. effectively limit fishing effort in the present a significant conundrum for This measure will be considered and offshore lobster fishery without an some lobster fishers. For example, analyzed at such time that a additional requirement for vessel permit holders who fish a limited recommended reporting platform upgrade restrictions. The analysis number of traps seasonally in LCMA 3 becomes available for implementation. concluded that there were no obvious but who fish predominantly in other benefits to vessel upgrade limitations. LCMAs may have qualified for access to Vessel Upgrade Limits NMFS’ reasoning in its Addendum I LCMA 3 with a modest trap allocation. The Commission in Addendum III set rulemaking analysis is equally relevant Such a permit holder, however, might forth management measures specific to to this present rulemaking. Lobster trap not seek to designate LCMA 3 on his or LCMA 5 that would limit a permit vessels are generally small e.g., the her permit lest they be bound to fish the holder’s ability to upgrade his or her average length is 39 ft (11.9 m) -- and more restrictive trap cap allocated to vessel. Specifically, Addendum III as such, the specifications of many LCMA 3. Yet if that person did not limits a permit holder’s ability to vessels are not documented with the choose to designate LCMA 3 on the upgrade an LCMA 5 vessel to a 10– U.S. Coast Guard. Therefore, permit, then the Choose and Use plan percent increase in length and a 20– information on length and horsepower would preclude their designation of percent increase in horsepower. may not be readily available, thereby LCMA 3 at any time in the future. Addendum III provided no further necessitating a marine survey to The Commission sought to resolve detail on the measure. The Commission establish legal vessel specifications, this dilemma by approving a measure in ultimately included the LCMA 5 vessel which would add a financial burden on Addendum IV that would waive upgrade limitations as a recommended vessel owners. The potential cost to hire application of the Most Restrictive rule management measure to the Federal a marine surveyor or naval architect to insofar as it related to the number of Government. However, the vessel verify existing baseline vessel lobster traps allocated below a upgrade limitations have not been characteristics can range from $150 to maximum cap. Accordingly, NMFS has implemented by state jurisdictions. $600, with associated costs increasing determined it prudent to reserve Specifically, New Jersey requested, and with vessel size, and would result in analysis and decision on the proposed the Commission Lobster Board added delays for vessel replacement and LCMA 3 Choose and Use plan and to approved, an exemption for New Jersey transfers, if implemented. NMFS does consider it contemporaneously with the state license holders from this LCMA 5 not consider the burden justified given Most Restrictive rule waiver for trap requirement. Also, state lobster license that vessel upgrade limitations offer no allocations that has been approved and holders residing in the Commission de obvious conservation benefit to the recommended in Addendum IV. Thus, minimis states adjacent to and south of resource, and certainly the this measure will not be considered at New Jersey, including Maryland, Commission’s recommendation this time, but, as noted in a Federal Delaware, Virginia, and North Carolina indicates no nexus between the Register document dated May 10, 2005 are exempt from the ISFMP requirement restriction and the egg production (70 FR 24495), will be analyzed in to implement the vessel upgrade measures that constitute Addenda II and future rulemaking. restriction. In Technical Addendum 1, III or a connection to overall Fishery dated July 18, 2002, the Commission Mandatory Reporting Management Plan goals. Accordingly, withdrew section 2.1.1.3 Vessel NMFS has determined it prudent to Mandatory reporting relates to the Upgrade Limit from the requirements reject vessel upgrade restrictions at this requirement of fishers to report catch for LCMA 5. The LCMA 2 effort control time. data to the government. Presently, all plan in Addendum IV (that was Federal Northeast Multispecies permit withdrawn in Addendum VI), included Classification holders must report their entire catch to measures that would limit a permit This proposed rule has been the Federal Government, including holder’s ability to upgrade his or her determined to be not significant for species covered under other permits, vessel. Addendum IV had proposed purposes of Executive Order (E.O.) such as a Federal lobster permit. In limits to a permit holder’s ability to 12866. Addendum II, the Commission called upgrade an LCMA 2 vessel to a 15 This proposed rule does not contain for all Federal LCMA 3 permit holders percent increase in length. Addendum policies with Federalism implications as to report their catch to the Federal IV provides no further detail on the defined in E.O. 13132. Government in a manner similar to that measure. NMFS prepared an Initial Regulatory required of Northeast Multispecies NMFS has previously considered Flexibility Analysis (IRFA) as required permit holders (and several other vessel upgrade restrictions in the lobster by section 603 of the Regulatory Federal limited access permits). The fishery. Most recently, in its rulemaking Flexibility Act (RFA). The IRFA Commission recommended that the based upon Addendum I, NMFS describes the economic impact this Federal Government implement considered but rejected vessel upgrade proposed rule, if adopted, would have regulations consistent therewith. The limitations in LCMA 3. At that time, on small entities. A description of the current mandatory reporting NMFS concluded that the upgrade action, why it is being considered, and
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52356 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules
the legal basis for this action are overfishing time line in the No Action vessels subject to mandatory reporting contained in the SUMMARY section of alternative does not incorporate the reported landings, only 18 percent (361 the preamble and in the preamble to this most recent (year 2000) stock vessels) reported landing lobster. proposed rule. assessment information. Since landings Applying this proportion to the total As described above, the proposed from the EEZ account for approximately number of permit holders would result action would: revise the Egg Per Recruit 20 percent of all American lobster in an estimate of 582 participating overfishing target timeline from the year landed in U.S. waters, under the No vessels. Alternatively, where it was 2005 to the year 2008; increase the Action alternative a complete ban on possible to identify Federal permit current Federal lobster minimum legal fishing for lobster in Federal waters holders, comparing the number of carapace size limit from 3 1/4 inches might need to be considered to achieve vessels eligible to purchase trap tags to (8.26 cm) to 3 3/8 inches (8.57 cm) in the targets specified in the existing egg the number of vessels that actually did LCMAs 2, 3, 4, 5, and the Outer Cape; production schedule by the end of 2005. purchase trap tags in 2003 indicates that increase the current Federal rectangular Relative to the involved management about 46 percent of Federal permit lobster trap escape vent size from 1 15/ issues and measures, the No Action holders using trap gear participate in the 16 inches x 5 3/4 inches (4.92 cm x alternative, unlike the Modified No EEZ fishery. Applying this number to 14.61 cm) to 2 inches x 5 3/4 inches Action alternative, might require a the total number or permit holders (5.08 cm x 14.61 cm) in LCMAs 2, 3, 4, complete closure of Federal waters to results in an estimate of almost 1,500 5, and the Outer Cape; increase the fishing for, possession of, or landing of participating vessels; an estimate that current Federal circular lobster trap American lobster, and would not seems more likely than that based on escape vent size from 2 7/16 inches represent a realistic baseline activity reports but is still subject to (6.19 cm) to 2 5/8 inches (6.67 cm) in comparison of state and Federal lobster uncertainty. LCMAs 2, 3, 4, 5, and the Outer Cape; management measures currently in Economic Impacts of the Proposed implement a new 5 1/4 inch (13.34 cm) place to those proposed in this action. Action maximum legal carapace size on The Modified No Action alternative possession of female lobsters in LCMA does propose changing the deadline for The proposed action would 4, and a new 5 1/2 inch (13.97 cm) the egg production schedule from 2005 implement changes to the rebuilding maximum legal carapace size on to 2008, but proposes no additional target, minimum and maximum sizes, possession of female lobsters in LCMA changes to current regulations, thereby escape vent size, and v-notch 5; require mandatory V-notching of providing a realistic baseline requirements in certain LCMA’s. The female lobsters carrying eggs in LCMA comparison of current state and Federal proposed action would implement a 3 1 and in LCMA 3 above the 42° 30′ lobster management measures to those 3/8 inch (8.57 cm) minimum legal North latitude line; require a zero proposed in this action. Therefore, the carapace size in LCMA 2, 3, 4, 5 and the tolerance definition of V-notched female Modified No Action alternative was Outer Cape; an escape vent increase to lobsters in LCMA 1; and implement a used as the baseline for comparison 2 inches by 5 3/4 inches (5.08 cm x new 5–mile (8–km) overlap boundary rather than the No Action alternative. 14.61 cm) for rectangular vents and to area between LCMAs 3 and 5. These 2 5/8 inches (6.67 cm) for circular vents. actions were recommended to the Description of and Estimate of the The preferred alternative would also Federal government by the Commission Number of Small Entities to Which the implement mandatory v-notch in LCMA to assure a unified consistent state- Proposed Rule Would Apply 1 and in LCMA 3 above 42° 30′ North Federal approach to lobster management The proposed action would latitude, a zero tolerance v-notch as required under the Atlantic Coastal potentially affect any vessel in the definition in LCMA 1, as well as a Act. Northeast region that holds a Federal maximum legal carapace size of 5 1/4 The proposed action was compared to limited access lobster permit. During inches (13.34 cm) in LCMA 4 and 5 1/ the No Action alternative and three fishing year 2003, a total of 3,217 2 inches (13.97 cm) in LCMA 5. Based other non-selected alternatives. In this limited access lobster permits were on the analysis of these proposed analysis, the baseline (the Modified No issued to Northeast region permitted measures, approximately 10 percent of Action alternative) is the set of measures vessels. Based on the Small Business Federal lobster permit holders currently in place for state and Federal Administration’s (SBA) size standard of (approximately 251 vessels) could be lobster permit holders throughout the $3.5 million in gross sales, all of these affected by these changes. That is, due range of the resource. All measures vessels would be considered small to the Federal requirement to abide by analyzed in the Modified No Action entities as the maximum earnings for the more restrictive state or Federal alternative are identical to those any given vessel was less than half of measures, about 90 percent of Federal analyzed in the No Action alternative, this standard. lobster vessels would already be except the Egg Per Recruit overfishing While the number of permitted required to fish in a manner consistent target timeline is revised from the year vessels represents the universe of with the proposed measures due to 2005 to the year 2008. As described in vessels that may be affected, an action already taken by the states. the draft EA completed for this action, assessment of impacts needs to Further, the economic analysis also the No Action alternative would retain distinguish between this universe and suggests that the majority of the 251 December 31, 2005, as the operative the number of vessels that are actually affected vessels - i.e., the remaining 10 deadline for the egg production participating in the lobster fishery. percent - likely fish in areas unaffected schedule and restoration time line in Unfortunately the precise number of by the proposed Federal action. That is, each of the management areas. participating vessels is not known with the majority of vessels potentially Accordingly, egg production in each certainty since lobster permit holders affected by the minimum legal carapace management area would need to meet or are not subject to mandatory reporting. size change are likely to fish exceed 10 percent of the egg production Specifically, less than half of all vessels predominantly in LCMA 1 where of an unfished population, which is the using trap gear (the primary gear used neither minimum size nor escape vent overfishing definition for American on the fishery) were subject to size changes would be made. Similarly, lobster, by a targeted deadline of mandatory reporting. Based on 2003 the majority of vessels fishing in LCMA December 31, 2005. The scheduled dealer records, while 62 percent of these 3 would not be affected by the change
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52357
to a mandatory v-notch regulation Economic Impacts of Alternatives to the regulations would be consistent with because they do not fish in the affected Proposed Measures current State regulations. Alternative 3 ° ′ area (i.e. they fish south of 42 30 North In addition to the proposed measures, would perpetuate the current problem latitude). In effect, the proposed four other alternatives were considered. of having a gap between state and measures would have negligible impacts Among these, Alternative 2, the Federal regulations for another 4 years. on a large majority of Federal lobster Modified No Action alternative, and Further, as a practical reality, the vessels since the proposed action would Alternative 3, the Commission Commission is likely to take additional not impose any added economic burden alternative, may have less economic action (Addendum IV through VI have beyond what states have already impact on small entities. Alternative 1, already been approved) within this time implemented or would have no impact the No Action alternative, and frame. This means that other on existing fishing practices. Alternative 5, the Environmental complementary regulations would end alternative, would have much greater up being promulgated or superseding For those vessels that would be those of Alternative 3 before they have affected, an estimate of realized impact economic impact on small lobster businesses. Alternative 2 would been fully implemented. In terms of cannot be quantified. At an estimate economic impacts on small entities, $1.40 in materials in labor, replacement implement the Commission rebuilding schedule but would make no changes to Alternative 3 would likely have less of escape vents for a vessel with the existing Federal management impact on small fishing businesses than maximum of 800 traps (most vessels fish regulations. That is, the minimum gauge the proposed measures since small less than 800 traps) would be $1,000. and escape vent sizes would remain fishing businesses would be allowed to The foregone revenue associated with a unchanged; the v-notch regulations phase-in changes to their fishing change in the minimum legal gauge size would not be implemented; there would practices over time. However, as noted will depend on the relative proportion be no maximum gauge in LCMAs 4 and previously, action taken by States has of lobsters between 3 1/4 inches (8.26 5, and no overlap boundary between brought the vast majority of vessels cm) and 3 3/8 inches (8.57 cm) in an LCMAs 3 and 5. As noted above, at least under the more restrictive measures individual’s catch. In the absence of 90 percent of Federal lobster vessels contemplated by Alternative 3 so the reliable data on the size composition of would still be required to fish under realized difference between the the trap or non-trap commercial catch, more restrictive measures due to actions measures in this proposed rule and this proportion cannot be reasonably already taken by the states, but the Alternative 3 would be negligible. For estimated. Similarly, the impact of a remaining 10 percent of vessels would this reason as well as the practical change in the maximum legal gauge size be able to fish under the less restrictive problems of a phased in implementation in LCMA 4 and 5 is not known although Federal regulations. As a practical of the Commission recommendations the proportion of lobster at or above matter, even vessels that would be able under Alternative 3, this alternative was these sizes is small so the impact on to fish under less restrictive measures rejected. landings to an individual lobster are unlikely to do so since current Alternative 1 would require a business is likely to be very low. Last, fishing practices are likely to be complete closure of the EEZ to lobster the foregone revenue associated with a consistent with requirements fishing. The key element to Alternative change in v-notch requirements will appropriate to the area in which they 1 would be that no change would be depend on the proportion of berried fish. This means that for the vast made to the current rebuilding schedule female lobsters and lobsters with a v- majority of trap and non-trap vessels, and time frame. Specifically, this time shaped notch in an individual’s catch. the realized impact of Alternative 2 is frame would require that the rebuilding As noted previously, this impact would likely to be no different than that of the target be accomplished by the end of only affect a vessel fishing above 42° 30′ proposed measures. Nevertheless, under calendar year 2005. The maximum that North latitude in LCMA 3. Any such Alternative 2 vessels from two different the NMFS could do to achieve this vessel would be able to move traps states could fish under different biological objective would be a closure below this line and would not be subject conditions even though they may set of the EEZ to all lobster fishing. Based to the mandatory v-notch requirement. traps or otherwise fish for lobster in the on NMFS dealer data, which include In general, the overall impact on non- same area. Such a discrepancy creates state summary data, the EEZ has been trap vessels is likely to be less than that regulatory inequities, confusions related estimated to account for about 20– for trap vessels since lobster is to enforcement of regulations, potential percent of all domestic landings of predominantly a bycatch in non-trap equity issues, and is counter to the spirit American Lobster. Total landings were fisheries. On average, lobster and intent of the Atlantic Coastal Act. 71.7 million pounds (32,523 mt) valued represented less than 4 percent of total For these reasons, and the fact that the at $284.8 million in calendar year 2003. fishing income for non-trap vessels in anticipated impacts between Alternative This means that the EEZ would have calendar year 2003. 2 and the measures identified in this accounted for approximately 14.3 proposed rule would be virtually million pounds (6,486 mt) valued at The previous discussion suggests that indistinguishable, Alternative 2 was nearly $57 million. This value may be while the impact on a particular small rejected. underestimated since EEZ landings Federal lobster fishing entity cannot be Alternative 3 would implement the tends to be comprised of larger, more readily determined, this impact is likely Commission recommended regulations valuable lobsters. The removal of 20 to affect only a portion of total fishing in certain LCMA’s but would do so percent of the domestic lobster supply income. The majority of lobster vessels according to the original Addendum II at a time when landings from Long would be largely unaffected under the and III schedule. In effect, this would Island Sound, Southern New England proposed measures. Therefore, while involve a phase-in of the minimum and the Mid-Atlantic have been the proposed measures could have an gauge size increase measure over a 4– declining would cause significant impact on some number of small year period. In fact, had complementary disruptions in lobster markets from entities, the proposed measures would Federal measures been implemented at wholesalers to final consumers. At a not affect a substantial number of small the time these Addenda were approved minimum, lobster prices may be entities. by the Commission, present Federal expected to increase, which could result
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52358 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules
in reduced profit margins (i.e. only a since it would neither support the (a) * * * portion of a price increase is likely to be Commission’s management efforts, nor (7) * * * able to be passed on to consumers) for result in compatible Federal regulations. (iv) Once a vessel has been issued a lobster distributors and retailers lobster management area designation List of Subjects in 50 CFR Part 697 (restaurants, fish markets, grocery certificate or limited access American stores, etc.) and a loss in consumers Fisheries, Fishing. lobster permit specifying the lobster surplus. This supply reduction may also Dated: August 29, 2005. EEZ management areas in which the vessel may fish, no changes to the EEZ make U.S. lobsters less price John Oliver, competitive in international markets for management areas specified may be Deputy Assistant Administrator for made for such vessel for the remainder U.S. exporters. These impacts could Operations, National Marine Fisheries affect approximately $57 million in Service. of the fishing year. There are two lobster revenues. The estimated average For the reasons set out in the exceptions to this re-designation loss in fishing revenues was about preamble, 50 CFR chapter VI, part 697, restriction: $27,000 per vessel, but could be as high is proposed to be amended as follows: or much higher than $80,000 per vessel. (A) Vessels that have been bought, In addition, the Atlantic Coastal Act PART 697—ATLANTIC COASTAL transferred, or become a replacement directs the Federal Government to FISHERIES COOPERATIVE vessel for another qualified vessel may support the management efforts of the MANAGEMENT request re-designation of the EEZ Commission and, to the extent the management areas; and 1. The authority citation for part 697 (B) All vessels will have one Federal Government seeks to regulate a continues to read as follows: opportunity to request a correction in Commission species, those Federal permit category, if such request is made regulations must be compatible with the Authority: 16 U.S.C. 5101 et seq. in writing to the Regional Administrator Commission plan. This Alternative 1 is 2. In § 697.2, the definition of ‘‘V- within 45 days of the effective date of not compatible with the Commission shaped notch’’ is removed. The the vessel’s permit. plan because it would require the definition of ‘‘Standard v-shaped notch’’ closure of the EEZ to lobster fishing, and ‘‘zero tolerance v-shaped notch’’ are * * * * * which was not recommended by the added in alphabetical order to read as (b) Condition. Vessel owners who Commission. Therefore, Alternative 1 follows: apply for a Federal limited access American lobster permit under this was rejected because it may led to a § 697.2 Definitions. large economic impact to lobster section must agree, as a condition of the fishermen, and because it would not * * * * * permit, that the vessel and vessel’s Standard V-shaped notch means a support the Commission’s management fishing, catch, and pertinent gear straight-sided triangular cut, without efforts, nor result in compatible Federal (without regard to whether such fishing setal hairs, at least 1/4 inch (0.64 cm) in regulations, as required under the occurs in the EEZ or landward of the depth and tapering to a point. Atlantic Coastal Act. EEZ, and without regard to where such * * * * * fish or gear are possessed, taken, or Alternative 5 would provide the Zero tolerance V-shaped notch means landed), are subject to all requirements highest assurance that the biological a v-shaped notch of any size, with or of this part, as well as gear, time, and objectives for the lobster resource are without straight sides, with or without area restrictions issued or set forth in met by implementing the most setal hairs. other parts, including, but not limited restrictive of the management measures 3. In § 697.3, paragraph (b) is revised to, part 229 and part 648. The vessel and proposed in this action throughout the to read as follows: all such fishing, catch, and gear shall range of the resource. Such action remain subject to all applicable state or would implement mandatory v-notch, § 697.3 Relation to other Federal and state local requirements. If a requirement of laws. zero tolerance, a 3 3/8 inches (8.57 cm) this part and a management measure minimum legal gauge size, a larger * * * * * required by state or local law differ, any escape vent size, and maximum legal (b) Federal limited access American vessel owner permitted to fish in the gauge size in all LCMA’s. The impacts lobster permit holders are required to EEZ must comply with the more of these measures are difficult to comply with all regulations and statues restrictive requirement. quantitatively assess. However, administered by the National Oceanic 5. In § 697.7, paragraphs (c)(1)(i) and Alternative 5 would have at least some and Atmospheric Administration (c)(1)(v) are revised and paragraphs impact on 95 percent of all Federal (NOAA), including, but not limited to (c)(1)(xxvii) through (c)(1)(xxix) are lobster permit holders. At least in the the regulations in this part issued added to read as follows: short term, these impacts would be pursuant to the ACFCMA, the likely to be greatest on vessels fishing in regulations at part 229 issued pursuant § 697.7 Prohibitions. LCMA 1 as a substantial portion of the to the Marine Mammal Protection Act * * * * * lobster catch is at the current 3 1/4 inch (MMPA) and the Endangered Species (c) * * * (8.26 cm) minimum legal carapace size Act (ESA) , and the regulations at part (1) * * * limit. Over time, these losses would be 648 issued pursuant to the Magnuson- (i) Retain on board, land, or possess recovered as lobsters molt into the 3 3/ Stevens Act. The relation of this part to at or after landing, whole American 8 inch (8.57 cm) legal carapace size other laws is further set forth in lobsters that fail to meet the minimum class. Nevertheless, the immediate § 600.705 of this chapter. carapace length standard specified in impact would likely be significant for a * * * * * § 697.20(a). All American lobsters will substantial number of small lobster 4. In § 697.4, paragraph (a)(7)(iv) is be subject to inspection and fishing entities. Alternative 5 was added and paragraph (b) is revised to enforcement action, up to and including rejected because of its impact on small read as follows: the time when a dealer receives or lobster business entities. In addition, it possesses American lobsters for a would be inconsistent with the spirit § 697.4 Vessel permits and trap tags. commercial purpose. and intent of the Atlantic Coastal Act * * * * * * * * * *
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52359
(v) V-notch. (A) Retain on board, land, American lobsters harvested in or from Nearshore Management Area 5 is 5 1/2 or possess any zero tolerance v-notched the EEZ Nearshore Management Area inches (13.97 cm). female American lobster when fishing 1or the EEZ Nearshore Management (c) Mutilation. (1) Subject to the in or electing to fish in EEZ Nearshore Area 6 is 3 1/4 inches (8.26 cm). rebuttable presumption in § 697.7(c)(3), Lobster Management Area 1. (B) Retain (2) The minimum carapace length for no person may remove meat or any body on board, land, or possess any standard all American lobsters landed, harvested, appendage from any American lobster v-notched female American lobster or possessed by vessels issued a Federal harvested in or from the EEZ before, or when fishing in or electing to fish in the limited access American lobster permit at the time of landing, or have in EEZ Nearshore Management Area 2, 4, fishing in or electing to fish in the possession any American lobster part 5, 6, and the Outer Cape Lobster Nearshore Management Area 1 or the other than whole lobsters, up to the time Management Area or the EEZ Offshore EEZ Nearshore Management Area 6 is 3 when a dealer first receives or possesses Management Area 3. 1/4 inches (8.26 cm). American lobster. * * * * * (3) The minimum carapace length for (2) Subject to the rebuttable (c) * * * all American lobsters harvested in or presumption in § 697.7(c)(3), no owner, (1) * * * from the Nearshore Management Area 2, operator or person aboard a vessel (xxvii) Possess, deploy, fish with, 4, 5, and the Outer Cape Lobster issued a Federal American lobster haul, harvest lobster from, or carry Management Area or the Offshore permit may remove meat or any body aboard a vessel trap gear issued to Management Area 3 is 3 3/8 inches (8.57 appendage from any American lobster another vessel. cm). before or at the time of landing, or have (xxviii) Fail to comply with any gear, (4) The minimum carapace length for in possession any American lobster part time, or area restriction in this part or, all American lobsters landed, harvested, other than whole lobsters, up to the time as is explained in § 697.3 and § 697.4(b), or possessed by vessels issued a Federal when a dealer first receives or possesses fail to comply with any gear, time, or limited access American lobster permit American lobster. area regulation set forth in any other fishing in or electing to fish in the EEZ (d) Berried females. (1) Any berried regulatory part, including part 229 and Nearshore Management Area 2, 4, 5, and female harvested in or from the EEZ part 648. the Outer Cape Lobster Management must be returned to the sea (xxix) Retain on board, land, or Area or the EEZ Offshore Management immediately. If any berried female is possess at or after landing, whole Area 3 is 3 3/8 inches (8.57 cm). harvested in or from the EEZ Nearshore American lobsters that exceed the (5) No person may ship, transport, Management Area 1, or in or from the maximum carapace length standard offer for sale, sell, or purchase, in EEZ Offshore Management Area 3 above specified in § 697.20(b). All American interstate or foreign commerce, any 42 30’, it must be v-notched before being lobsters will be subject to inspection whole live American lobster that is returned to the sea immediately. and enforcement action, up to and (2) Any berried female harvested or smaller than the minimum size including the time when a dealer possessed by a vessel issued a Federal specified in paragraph (a) in this receives or possesses American lobsters limited access American lobster permit section. for a commercial purpose. must be returned to the sea immediately. If any berried female is * * * * * (b) Maximum carapace length. (1) The 6. In § 697.18, paragraph (f) is revised harvested in or from the EEZ Nearshore maximum carapace length for all to read as follows: Management Area 1, or in or from the American lobster harvested in or from EEZ Offshore Management Area 3 above the EEZ Nearshore Management Area 1 § 697.18 Lobster management areas. 42 30’, it must be v-notched before being is 5 inches (12.7 cm). * * * * * returned to the sea immediately. (f) EEZ Nearshore Management Area (2) The maximum carapace length for (3) No vessel, or owner, operator or 5. EEZ Nearshore Management Area 5 is all American lobster landed, harvested, person aboard a vessel issued a Federal defined by the area, including state and or possessed by vessels issued a Federal limited access American lobster permit Federal waters that are near-shore in the limited access American lobster permit may possess any berried female. southern Mid-Atlantic, bounded by fishing in or electing to fish in the EEZ (4) No person may possess, ship, straight lines connecting the following Nearshore Management Area 1 is 5 transport, offer for sale, sell, or points, in the order stated: inches (12.7 cm). purchase, in interstate or foreign (3) The maximum carapace length for commerce, any berried female as Point Latitude Longitude all American lobster harvested in or specified in paragraph (d) of this from the EEZ Nearshore Management section. W 39°50′ N. 74° 09′ W. Area 4 is 5 1/4 inches (13.34 cm). ° ′ ° ′ V 39 50 N. 72 55 W. (4) The maximum carapace length for X 38°38.2′ N. 73° 33.8′ W. (e) Removal of eggs. (1) No person Y 38°10.4′ N. 73° 49′ W. all American lobster landed, harvested, may remove, including, but not limited Z 37°10.6′N. 74°38′ W. or possessed by vessels issued a Federal to, the forcible removal and removal by ZA 35°31.9′ N. 74° 45.5′ W. limited access American lobster permit chemicals or other substances or ZB 35° 14.5′ N. 75° 19.3′ W. fishing in or electing to fish in the EEZ liquids, extruded eggs attached to the Nearshore Management Area 4 is 5 1/4 From Point ‘‘ZB’’ along the coasts of North abdominal appendages from any female Carolina, Virginia, Maryland, Delaware, New inches (13.34 cm). American lobster. Jersey back to Point ‘‘W’’. (5) The maximum carapace length for (2) No owner, operator or person all American lobster harvested in or * * * * * aboard a vessel issued a Federal limited 7. Section 697.20 is revised to read as from the EEZ Nearshore Management access American lobster permit may follows: Area 5 is 5 1/2 inches (13.97 cm). remove, including but not limited to, (6) The maximum carapace length for the forcible removal, and removal by § 697.20 Size, harvesting and landing all American lobster landed, harvested, chemicals or other substances or requirements. or possessed by vessels issued a Federal liquids, extruded eggs attached to the (a) Minimum Carapace length. (1) The limited access American lobster permit abdominal appendages from any female minimum carapace length for all fishing in or electing to fish in the EEZ American lobster.
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52360 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules
(3) No person may possess, ship, Outer Cape Lobster Management Area or the parlor section of the trap, located in transport, offer for sale, sell, or the EEZ Offshore Management Area 3 such a manner that it will not be purchase, in interstate or foreign may land, harvest, or possess any female blocked or obstructed by any portion of commerce, any whole live American lobster possessing a standard v-shaped the trap, associated gear, or the sea floor lobster that bears evidence of the notch. in normal use: removal of extruded eggs from its 8. In § 697.21, paragraphs (c) and (f) (i) A rectangular portal with an abdominal appendages as specified in are revised to read as follows: unobstructed opening not less than 2 paragraph (e) of this section. inches (5.08 cm) x 5 3/4 inches (14.61 (f) Spearing. (1) No person may spear § 697.21 Gear identification and marking, cm); escape vent, maximum trap size, and ghost any American lobster in the EEZ. panel requirements. (ii) Two circular portals with (2) No person on a vessel issued a unobstructed openings not less than 2 5/ * * * * * Federal lobster license may spear a 8 inches (6.67 cm) in diameter. (c) Escape vents. (1) All American lobster. (3) The Regional Administrator may, lobster traps deployed or possessed in (3) No person may harvest or possess at the request of, or after consultation the EEZ Nearshore Management Area 1 any American lobster which has been with, the Commission, approve and or the EEZ Nearshore Management Area speared in the EEZ. specify, through a technical amendment 6 or, deployed or possessed by a person (4) No person on a vessel issued a of this final rule, any other type of on or from a vessel issued a Federal Federal lobster license may harvest or acceptable escape vent that the Regional limited access American lobster permit possess any American lobster which has Administrator finds to be consistent fishing in or electing to fish in the EEZ been speared. with paragraph (c) of this section. (5) No person may possess, ship, Nearshore Management Area 1 or the * * * * * transport, offer for sale, sell, or EEZ Nearshore Management Area 6, purchase, in interstate or foreign must include either of the following (f) Enforcement action. Unidentified, commerce, any American lobster which escape vents in the parlor section of the unmarked, unvented, improperly vented has been speared. trap, located in such a manner that it American lobster traps, or, beginning (g) V-notched females. (1) No person will not be blocked or obstructed by any May 1, 2000, any untagged American may possess any female lobster portion of the trap, associated gear, or lobster traps, or any lobster traps subject possessing a zero tolerance v-shaped the sea floor in normal use: to the requirements and specifications notch harvested in or from the EEZ (i) A rectangular portal with an of § 697.21, which fail to meet such Nearshore Management Area 1. unobstructed opening not less than 1 requirements and specifications may be (2) No vessel, owner, or operator 15/16 inches (4.92 cm) by 5 3/4 inches seized and disposed of in accordance issued a Federal limited access (14.61 cm); with the provisions of 15 CFR part 904. American lobster permit fishing in or (ii) Two circular portals with * * * * * electing to fish in EEZ Nearshore unobstructed openings not less than 2 7/ 9. In § 697.22, paragraph (c) is added Management Area 1 may land, harvest, 16 inches (6.19 cm) in diameter. as follows: or possess any female lobster possessing (2) All American lobster traps § 697.22 Exempted fishing. a zero tolerance v-shaped notch. deployed or possessed in the EEZ (3) No person may possess any female Nearshore Management Area 2, 4, 5, and * * * * * lobster possessing a standard v-shaped the Outer Cape Lobster Management (c) The Regional Administrator, or the notch harvested in or from the EEZ Area or the EEZ Offshore Management Director of the Office of Sustainable Nearshore Management Area 2, 4, 5, 6, Area 3, or, deployed or possessed by a Fisheries, as appropriate, may authorize and the Outer Cape Lobster person on or from a vessel issued a a substitute vessel to haul ashore the Management Area or the EEZ Offshore Federal limited access American lobster lobster trap gear of an inoperable or Management Area 3 may possess. permit fishing in or electing to fish in mechanically-impaired federally (4) No vessel, owner, or operator the EEZ Nearshore Management Area 2, permitted lobster vessel without having issued a Federal limited access 4, 5, and the Outer Cape Lobster to engage in the exempted fishing American lobster permit fishing in or Management Area or the EEZ Offshore process as specified in this section. electing to fish in EEZ Nearshore Management Area 3, must include [FR Doc. 05–17557 Filed 9–1–05; 8:45 am] Management Area 2, 4, 5, 6, and the either of the following escape vents in BILLING CODE 3510–22–S
VerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52361
Notices Federal Register Vol. 70, No. 170
Friday, September 2, 2005
This section of the FEDERAL REGISTER DEPARTMENT OF AGRICULTURE Elsie Nolan Center, 1096 Outer Drive, contains documents other than rules or Wrangell, Alaska. proposed rules that are applicable to the Forest Service FOR FURTHER INFORMATION CONTACT: public. Notices of hearings and investigations, Patty Grantham, Petersburg District committee meetings, agency decisions and Wrangell-Petersburg Resource Ranger, P.O. Box 1328, Petersburg, AK rulings, delegations of authority, filing of Advisory Committee petitions and applications and agency 99833, phone (907) 772–3871, e-mail statements of organization and functions are AGENCY: Forest Service, USDA. [email protected], or Bill Messmer, examples of documents appearing in this Acting Wrangell District Ranger, P.O. ACTION: Notice of meetings. section. Box 51, Wrangell, AK 99833, e-mail SUMMARY: The Wrangell-Petersburg [email protected]. Toll-free Resource Advisory Committee (RAC) conference calling is available for each DEPARTMENT OF AGRICULTURE has scheduled its next two regular of these meetings; please call or email for specific information. For further Forest Service meetings. The first meeting will be via teleconference and will take place information on RAC history, operations, Saturday, September 24, 2005 from 10 and the application process, a Web site Mendocino Resource Advisory is available at http://www.fs.fed.us/ Committee a.m. until 4 p.m. The second meeting will take place on Friday, October 21, payments. Once in the Web site, follow the links to the Wrangell-Petersburg AGENCY: Forest Service, USDA. 2005 from 8 a.m. until 5:30 p.m. (or until the conclusion of public Resource Advisory Committee. ACTION: Notice of meeting. testimony) and on Saturday, October 22, SUPPLEMENTARY INFORMATION: This 2005 from 8 a.m. until 9 a.m. This meeting will focus on the review and SUMMARY: The Mendocino County meeting will take place in Wrangell, discussion of proposals received by the Resource Advisory Committee (RAC) Alaska. The purpose of the September RAC for funding under Title II of the will meet September 16, 2005 in Willits, meeting is to review project funding Payments to States legislation (Pub. L. California. Agenda items to be covered proposals that are received by 106–393). New proposals (initial include: (1) Approval of minutes, (2) September 15 pursuant to Title II, reading) may be discussed at these Public Comment, (3) Sub-committees (4) Public Law 106–393, H.R. 2389, the meetings. The committee may make Discussion—items of interest (5) Secure Rural Schools and Community recommendations for project funding at Discussion/approval of projects, (6) next Self-Determination Act of 2000, also the October meeting. A field trip to review proposals proximate to the agenda items and meeting date. called the ‘‘Payments to States’’ Act. This meeting will identify any Wrangell, Alaska area may take place in DATES: The meeting will be held on additional information needed for the conjunction with the October meeting. September 16, 2005, from 9 a.m. to 12 committee to fully consider the Both meetings are open to the public. noon. proposals. It is expected that election for Public input opportunity will be provided and individuals will have the ADDRESSES: The meeting will be held at a committee chairperson will also occur at this meeting. The purpose of the opportunity to address the committee at the Mendocino County Museum, that time. located at 400 E. Commercial St., October meeting is to review and discuss in greater detail proposals Willits, California. Dated: August 22, 2005. received for funding, and potentially Forrest Cole, FOR FURTHER INFORMATION CONTACT: make funding recommendations for Forest Supervisor. Roberta Hurt, Committee Coordinator, specific projects. Public testimony [FR Doc. 05–17526 Filed 9–1–05; 8:45 am] regarding the proposals will also be USDA, Mendocino National Forest, BILLING CODE 3410–11–M Covelo Ranger District, 78150 Covelo taken at the October meeting. Road, Covelo, CA 95428. (707) 983– DATES: The first meeting is a 8503; e-mail [email protected]. teleconference to be held Saturday, DEPARTMENT OF AGRICULTURE September 24, 2005 from 10 a.m. until SUPPLEMENTARY INFORMATION: The 4 p.m. The second meeting will be held Forest Service meeting is open to the public. Persons Friday, October 21, from 8 a.m. until who wish to bring matters to the RIN 0596–AC12 5:30 p.m. and on Saturday, October 22, attention of the Committee may file 2005, from 8 a.m. until 9 a.m. Grazing Permit Administration written statements with the Committee ADDRESSES: The September meeting will Handbook (FSH 2209.13), Chapters 10 staff by September 12, 2005. Public will (Term Grazing Permits) and 20 have the opportunity to address the be via teleconference. Interested parties may participant at either the Wrangell (Grazing Agreements) Committee at the meeting. Ranger District office (525 Bennett AGENCY: Forest Service, USDA. Dated: August 24, 2005. Street, Wrangell, Alaska) or the ACTION: Notice; correction. Blaine Baker, Petersburg Ranger District office (12 Designated Federal Official. North Nordic Drive, Petersburg, Alaska), SUMMARY: The Forest Service published [FR Doc. 05–17495 Filed 9–1–05; 8:45 am] or may contact the local offices for a toll on August 19, 2005 (70 FR 48663), a free telephone number to access the notice of issuance of an interim BILLING CODE 3410–11–M meeting from any location. The October directive and proposed directives to meeting will be held at the James and Forest Service Handbook (FSH) 2209.13,
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52362 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
chapter 10—Term Grazing permits and DEPARTMENT OF AGRICULTURE Survey be approved for another 3 years, chapter 20—Grazing Agreements. The with one program change. The number notice contained an incorrect World National Agricultural Statistics Service and average hours worked of self- Wide Web/Internet address. In addition, employed and unpaid agricultural Notice of Intent To Revise and Extend language was mistakenly included in workers will be collected each quarter a Currently Approved Information the proposed direction that incorrectly for Hawaii only and the annual averages Collection indicated restrictions of the base will be published. property and livestock ownership AGENCY: National Agricultural Statistics These data will be collected under the requirements. Service, USDA. authority of 7 U.S.C. 2204(a). ACTION: Notice and request for Individually identifiable data collected FOR FURTHER INFORMATION CONTACT: comments. under this authority are governed by Ralph Giffen, Rangeland Management Section 1770 of the Food Security Act SUMMARY: Staff, USDA Forest Service, (202) 205– In accordance with the of 1985, 7 U.S.C. 2276, which requires 1455. Paperwork Reduction Act of 1995 (Pub. USDA to afford strict confidentiality to L. 104–13) and Office of Management Correction: In the Federal Register non-aggregated data provided by and Budget regulations at 5 CFR part issue of August 19, 2005, 70 FR 48663– respondents. 1320 (60 FR 44978, August 29, 1995), 48664, in the third column, correct the this notice announces the intention of Estimate of Burden: This information ADDRESSES caption to read: the National Agricultural Statistics collection comprises 4 individual ADDRESSES: Interim Directive no. Service (NASS) to revise and extend a surveys, two of which are conducted 2209.13–2005–3 (Chapter 10); and currently approved information annually and two which are conducted Interim Directive no. 2209.13–2005–4 collection, the Agricultural Labor quarterly, for an estimated total of (Chapter 20) are available on the World Survey. 71,700 responses. Public reporting burden for this collection of information Wide Web/Internet at http:// DATES: Comments on this notice must be www.fs.fed.us/im/directives. The received by November 1, 2005 to be is estimated to average 9 minutes per proposed directives can be found on the assured of consideration. response. Forest Service’s Rangeland Management ADDRESSES: Comments may be mailed to Respondents: Farms and businesses. Web site at http://www.fs.fed.us/ Ginny McBride, NASS Clearance Estimated Number of Respondents: rangelands. Paper copies can be Officer, U.S. Department of Agriculture, 12,200. requested by writing to the USDA Forest Room 5336—South, 1400 Independence Estimated Total Annual Burden on Service, Attn: Director, Rangeland Avenue, SW., Washington, DC 20250– Respondents: 10,755 hours. Management Staff, Mail Stop 1103, 1400 2024 or sent electronically to Independence Ave., SW., Washington, [email protected]. Copies of this information collection and related instructions can be obtained DC 20250–1153. Also send written FOR FURTHER INFORMATION CONTACT: without charge from Ginny McBride, comments by mail to that same address; Carol House, Associate Administrator, NASS Clearance Officer, at (202) 720– by electronic mail to [email protected]; or National Agricultural Statistics Service, 5778. by facsimile to (202) 205–1096. If U.S. Department of Agriculture, (202) comments are sent by electronic means 720–4333 or Linda Hutton, Chief, Comments: Comments are invited on: or by facsimile, the public is requested Environmental, Economics, and (a) Whether the proposed collection of not to send duplicate comments via Demographics Branch, National information is necessary for the proper regular mail. Agricultural Statistics Service, U.S. performance of the functions of the All comments, including names and Department of Agriculture, (202) 720– agency, including whether the addresses when provided, are placed in 6146. information will have practical utility; (b) the accuracy of the agency’s estimate the record and available for public SUPPLEMENTARY INFORMATION: of the burden of the proposed collection inspection and copying. The agency Title: Agricultural Labor Survey. of information including the validity of cannot confirm receipt of comments. OMB Number: 0535–0109. Expiration Date of Approval: February the methodology and assumptions used; The public may inspect comments 28, 2006. (c) ways to enhance the quality, utility, received on these proposed directives in Type of Request: Intent to Revise and and clarity of the information to be the Rangeland Management Staff, 3rd Extend an Information Collection. collected; and (d) ways to minimize the Floor, South Wing, Yates Building, 14th Abstract: The primary objective of the burden of the collection of information and Independence Avenues, Southwest, National Agricultural Statistics Service on those who are to respond, including Washington, DC, between the hours of is to prepare and issue State and through the use of appropriate 8:30 a.m. and 4 p.m. Those wishing to national estimates of crop and livestock automated, electronic, mechanical, or inspect comments are encouraged to call production, disposition, and prices. The other technological collection ahead to (202) 205–1460 to facilitate Agricultural Labor Survey provides techniques or other forms of information entry into the building statistics on the number of agricultural technology. All responses to this notice Dated: August 30, 2005. workers, hours worked, and wage rates. will become a matter of public record Number of workers and hours worked and be summarized in the request for Frederick R. Norbury, are used to estimate agricultural OMB approval. Associate Deputy Chief. productivity; wage rates are used in the [FR Doc. 05–17548 Filed 9–1–05; 8:45 am] Signed at Washington, DC, August 15, administration of the ‘‘H–2A’’ Program 2005. BILLING CODE 3410–11–P and for setting Adverse Effect Wage Rates. Survey data are also used to carry Carol House, out provisions of the Agricultural Associate Administrator. Adjustment Act. NASS intends to [FR Doc. 05–17477 Filed 9–1–05; 8:45 am] request that the Agricultural Labor BILLING CODE 3410–20–P
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52363
COMMITTEE FOR PURCHASE FROM disabilities, and at fair market prices. contractors, the Committee has PEOPLE WHO ARE BLIND OR Accordingly, the Committee does not determined that the services listed SEVERELY DISABLED agree with the current contractor’s below are suitable for procurement by contentions. the Federal Government under 41 U.S.C. Procurement List Additions and The following comments pertain to 46–48c and 41 CFR 51–2.4. Deletions Document Destruction, U.S. Department of Agriculture, Farm Service Agency, St. Regulatory Flexibility Act Certification AGENCY: Committee for Purchase From Louis Missouri: I certify that the following action will People Who are Blind or Severely Comments were received from the not have a significant impact on a Disabled. current contractor for this document substantial number of small entities. ACTION: Additions to and deletions from destruction service in response to a The major factors considered for this procurement list. request for impact data. The commenter certification were: noted that it is a National Association 1. The action will not result in any SUMMARY: This action adds to the for Information Destruction (NAID) additional reporting, recordkeeping or procurement list services to be AAA Certified firm, and questioned other compliance requirements for small furnished by nonprofit agencies whether the nonprofit agency which entities other than the small employing persons who are blind or will be performing the service has organizations that will furnish the have other severe disabilities, and adequate security and capability to services to the Government. deletes from the Procurement List perform the service at the specified 2. The action will result in services previously furnished by such location. The nonprofit agency is an authorizing small entities to furnish the agencies. NAID member and will receive its AAA services to the Government. DATES: Effective October 2, 2005. Certification before it begins to provide 3. There are no known regulatory ADDRESSES: Committee for Purchase the service. The nonprofit agency has alternatives which would accomplish From People Who Are Blind or Severely been reviewed and found capable of the objectives of the Javits-Wagner- Disabled, Jefferson Plaza 2, Suite 10800, providing the service. O’Day Act (41 U.S.C. 46–48c) in 1421 Jefferson Davis Highway, The following comments pertain to connection with the services proposed Arlington, Virginia 22202–3259. Grounds Maintenance, U.S. Department for addition to the Procurement List. of Agriculture, Southern Plains FOR FURTHER INFORMATION OR TO SUBMIT Agriculture Research Center, College End of Certification COMMENTS CONTACT: Sheryl D. Kennerly, Station, Texas: Accordingly, the following services Telephone: (703) 603–7740, Fax: (703) Comments were received from the are added to the Procurement List: 603–0655, or e-mail current contractor in response to a [email protected]. request for impact data. The contractor Services SUPPLEMENTARY INFORMATION: claimed that this grounds maintenance Service Type/Location: Custodial Services, service involves a large job site and U.S. Department of Agriculture, 150 Additions dangerous power equipment, requiring Central Sector Bldg C2, Warehouse #3, On June 10, June 24, July 1, and July Carolina, Puerto Rico. capable supervision and workers. The NPA: The Corporate Source, Inc., New York, 8, 2005, the Committee for Purchase contractor also claimed that the service New York. From People Who Are Blind or Severely involves the use of harmful chemicals Contracting Activity: U.S. Department of Disabled published notice (70 FR 33883, for control of weeds, insects and Agriculture, Animal & Plant Health 36561, 38099, and 39484) of proposed disease, as well as regular inspection Inspection Service, Minneapolis, additions to the Procurement List. and repair of the landscape irrigation Minnesota. The following comments pertain to system. Both the pest control and Service Type/Location: Document Custodial Services, U.S. Department of irrigation functions, according to the Destruction, U.S. Department of Agriculture, Carolina, Puerto Rico: contractor, require State licenses. Agriculture, Farm Service Agency, 4300 Comments were received from the The Nonprofit Agency has been Goodfellow Blvd, St. Louis, Missouri. current contractor in response to a reviewed and found capable of NPA: Challenge Unlimited, Inc., Alton, request for impact data. The commenter performing the functions set forth in the Illinois. claimed that janitorial work is not Statement of Work (SOW) which the Contracting Activity: U.S. Department of appropriate for people who are blind or Government contracting activity Agriculture, Farm Service Agency, Kansas City, Missouri. have other severe disabilities; as such prepared for the nonprofit agency to people cannot do the majority of the perform the work. The Nonprofit Service Type/Location: Grounds tasks involved. The commenter also Maintenance, U.S. Department of Agency participates in the Texas State Agriculture, Southern Plains Agriculture claimed that the prices are double or use program as well as the Committee’s Research Center, 2881 F&B Road, College triple those charged by other program, and is very experienced in Station, Texas. contractors. grounds maintenance services. The NPA: World Technical Services, Inc., San Seventy-five percent of the direct SOW has been reduced in scope from Antonio, Texas, labor the nonprofit agency will be using that used by the current contractor, and Contracting Activity: U.S. Department of to provide this janitorial service will be does not contain any pest control or Agriculture, Agriculture Research Service, performed by people with severe irrigation functions, so State licenses are College Station, Texas. disabilities. The price for the service is no longer required. Service Type/Location: Warehouse actually less than that estimated by the The following material pertains to all Operation. (At the following Locations at Government contracting office and that of the items being added to the Fort Hood, Texas): 289th Quartermaster Co, being charged by the current contractor. Class III, II & 14; 289th Supply Support Procurement List: Activity Map Depot, 13th COSCOM; 289th Nonprofit agencies have provided After consideration of the material Supply Support Activity Weapons janitorial service nationwide under the presented to it concerning capability of Warehouse, 13th COSCOM; 602nd Supply Committee’s Program for many years, qualified nonprofit agencies to provide Support Activity, 13th COSCOM; 62nd using similar percentages of direct labor the services and impact of the additions Supply Support Activity, Main Yard, 26th performed by people with severe on the current or most recent III Corp Major End Items Class VII.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52364 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
NPA: Professional Contract Services, Inc., COMMITTEE FOR PURCHASE FROM meet the requirements of the Javits- Austin, Texas. PEOPLE WHO ARE BLIND OR Wagner-O’Day Act (JWOD), 41 U.S.C. Contracting Activity: III Corps and Fort Hood SEVERELY DISABLED 46–48c. The forms being submitted for Contracting Command, Fort Hood, Texas. OMB approval contain no changes the Agency Information Collection Deletions currently authorized initial certification Activities Proposed Information forms. On July 8, 2005, the Committee for Collection; Comment Request Title: Initial Certification—Qualified Nonprofit Agency Serving People Who Purchase From People Who Are Blind AGENCY: Committee for Purchase From Are Blind, Committee Form 401. or Severely Disabled published notice People Who are Blind or Severely OMB Number: 3037–0004. (70 FR 39484) of proposed deletions to Disabled. the Procurement List. After Agency Number: 3037. ACTION: Submission for OMB review; consideration of the relevant matter Frequency: 1 time. comment request. presented, the Committee has Affected Public: Nonprofit agencies determined that the services listed SUMMARY: The Committee has submitted serving people who are blind seeking to below are no longer suitable for to the Office of Management and Budget participate in the JWOD program. procurement by the Federal Government for their review the following collection Number of Respondents: 5. under 41 U.S.C. 46–48c and 41 CFR 51– as required by the Paperwork Reduction Estimated Time per Respondent: 1 2.4. Act (44 U.S.C. Chapter 35). hour. Total Burden Hours: 5. Regulatory Flexibility Act Certification Committee Form 401—Initial Total Annual Costs: $0. Certification—Qualified Nonprofit I certify that the following action will Agency Serving People Who Are Title: Initial Certification—Qualified not have a significant impact on a Blind. Nonprofit Agency Serving People Who substantial number of small entities. Committee Form 402—Initial Are Severely Disabled, Committee Form The major factors considered for this Certification—Qualified Nonprofit 402. certification were: Agency Serving People Who Are OMB Number: 3037–0003. Severely Disabled. Agency Number: 3037. 1. The action may result in additional Frequency: 1 time. DATES: reporting, recordkeeping or other Interested persons are invited to Affected Public: Nonprofit agencies compliance requirements for small submit comments about the collection serving people who are severely entities. on or before October 2, 2005. The disabled seeking to participate in the 2. The action may result in agency’s 60-day notice informing the JWOD program. authorizing small entities to furnish the public of the intent to renew this form Number of Respondents: 50. services to the Government. with no changes was published in the Estimated Time per Respondent: 1 Federal Register on July 1, 2005 on page hour. 3. There are no known regulatory 38097–38098. alternatives which would accomplish Total Burden Hours: 50. ADDRESSES: Comments may be Total Annual Costs: $0. the objectives of the Javits-Wagner- submitted, identified by the title of the O’Day Act (41 U.S.C. 46–48c) in information collection activity, to the G. John Heyer, connection with the services deleted Office of Information and Regulatory General Counsel. from the Procurement List. Affairs, Attn: Ms. Katherine Astrich, [FR Doc. E5–4823 Filed 9–1–05; 8:45 am] End of Certification OMB Desk Officer by any of the BILLING CODE 6353–01–P following two methods within 30 days Accordingly, the following services from the date of publication in the are deleted from the Procurement List: Federal Register: (1) By fax to: (202) DEPARTMENT OF COMMERCE Services 395–6974, Attention: Ms. Katherine Astrich, OMB Desk Office; and (2) International Trade Administration Service Type/Location: Janitorial/Custodial, Electronically by e-mail to: [A–570–881] Eastman Lake, Madera County, California. [email protected]. NPA: None currently authorized. Requests for copies of documents Notice of Extension of Time Limit for Contracting Activity: Department of the pertaining to the collection should be Army. the Preliminary Results of addressed to Committee for Purchase Antidumping Duty Administrative Service Type/Location: Janitorial/Custodial, From People Who Are Blind or Severely Review: Certain Malleable Iron Pipe Lake Mead National Recreation Area, Disabled, Attention: Janet Yandik, Fittings from the People’s Republic of Boulder City, Nevada. Information Management Specialist, China NPA: Opportunity Village Association for Jefferson Plaza 2, Suite 10800, 1421 Retarded Citizens, Las Vegas, Nevada. Jefferson Davis Highway, Arlington, VA AGENCY: Import Administration, Contracting Activity: Department of Interior, 22202–3259 or e-mailed to International Trade Administration, Reston, Virginia. [email protected]. Department of Commerce. Service Type/Location: Painting Service, EFFECTIVE DATE: September 2, 2005. Family Quarters, Fort Sam Houston, Texas. SUPPLEMENTARY INFORMATION: The NPA: Goodwill Industries of San Antonio, Committee has two initial certification FOR FURTHER INFORMATION CONTACT: San Antonio, Texas. forms, one for nonprofit agencies Ryan Douglas, AD/CVD Operations, Contracting Activity: Department of the serving people who are blind and one Office 8, Import Administration, Army. for nonprofit agencies primarily serving International Trade Administration, people who have other severe U.S. Department of Commerce, 14th G. John Heyer, disabilities. The information included Street and Constitution Avenue, NW, General Counsel. on the forms is required to ensure that Washington, DC 20230; telephone: (202) [FR Doc. E5–4822 Filed 9–1–05; 8:45 am] nonprofit agencies requesting to 482–1277. BILLING CODE 6353–01–P participate in the Committee’s program SUPPLEMENTARY INFORMATION:
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52365
Background Dated: August 29, 2005. Background Barbara E. Tillman, On December 12, 2003, the Acting Deputy Assistant Secretary for Import Title V of the Trade and Development Department of Commerce (‘‘the Administration. Act of 2000 (the Act) created two tariff Department’’) published an [FR Doc. E5–4826 Filed 9–1–05; 8:45 am] rate quotas (TRQs), providing for antidumping duty order on certain BILLING CODE 3510–DS–S temporary reductions in the import malleable iron pipe fittings from the duties on limited quantities of two People’s Republic of China (‘‘PRC’’). See categories of worsted wool fabrics Antidumping Duty Order: Certain DEPARTMENT OF COMMERCE suitable for use in making suits, suit- Malleable Iron Pipe Fittings from the type jackets, or trousers: (1) for worsted People’s Republic of China, 68 FR International Trade Administration wool fabric with average fiber diameters 69376. Notice of Solicitation of Applications greater than 18.5 microns (Harmonized On December 30, 2004, the Tariff Schedule of the United States 1 for Allocation of Tariff Rate Quotas on petitioners requested that the (HTS) heading 9902.51.11); and (2) for Department conduct an administrative the Import of Certain Worsted Wool Fabrics to Persons Who Cut and Sew worsted wool fabric with average fiber review of Beijing Sai Lin Ke Hardware diameters of 18.5 microns or less (HTS Co. Ltd, Langfang Pannext Pipe Fittings Men’s and Boys’ Worsted Wool Suits, heading 9902.51.12). On August 6, 2002, Co., Ltd., Chengde Malleable Iron Suit-Type Jackets and Trousers in the President Bush signed into law the General Factory, and SCE Co., Ltd for United States Trade Act of 2002, which includes the period December 2, 2003, through AGENCY: Department of Commerce, several amendments to Title V of the November 30, 2004. See Initiation of International Trade Administration. Act. On December 3, 2004, the Act was Antidumping and Countervailing Duty ACTION: The Department of Commerce further amended pursuant to the Administrative Reviews and Request for (Department) is soliciting applications Miscellaneous Trade Act of 2004, Public Revocation in Part, 70 FR 4818 (January for an allocation of the 2006 tariff rate Law 108-429, by extending the program 31, 2005). The preliminary results of quotas on certain worsted wool fabric to review are currently due no later than persons who cut and sew men’s and through 2007 and increasing the TRQ September 2, 2005. boys’ worsted wool suits, suit-type for worsted wool fabric with average jackets and trousers in the United fiber diameters greater than 18.5 Extension of Time Limit of Preliminary microns, HTS 9902.51.11, to an annual Results States. total level of 5.5 million square meters, Pursuant to section 751(a)(3)(A) of the SUMMARY: The Department hereby and the TRQ for average fiber diameters Tariff Act of 1930, as amended (‘‘the solicits applications from persons of 18.5 microns or less, HTS 9902.51.15 Act’’), the Department shall make a (including firms, corporations, or other (previously 9902.51.12), to an annual preliminary determination in an legal entities) who cut and sew men’s total level of 5 million square meters. and boys’ worsted wool suits and suit- administrative review of an The Act requires that the TRQs be antidumping duty order within 245 like jackets and trousers in the United States for an allocation of the 2006 tariff allocated to persons who cut and sew days after the last day of the anniversary men’s and boys’ worsted wool suits, month of the date of publication of the rate quotas on certain worsted wool suit-type jackets and trousers in the order. fabric. Interested persons must submit an application on the form provided to United States. On May 16, 2005, the The Act further provides, however, the address listed below by October 3, Department published regulations that the Department may extend that 2005. The Department will cause to be establishing procedures for allocating 245-day period to 365 days if it published in the Federal Register its the TRQ. 70 FR 25774, 15 CFR 335. In determines it is not practicable to determination to allocate the 2006 tariff order to be eligible for an allocation, an complete the review within the rate quotas and will notify applicants of applicant must submit an application on foregoing time period. We find that it is their respective allocation as soon as the form provided at http:// not practicable to complete the possible after that date. Promptly preliminary results in this web.ita.doc.gov/tacgi/wooltrq.nsf/ thereafter, the Department will issue TRQApp to the address listed above by administrative review because licenses to eligible applicants. additional time is needed to analyze a 5 p.m. on October 3, 2005 in compliance DATES: To be considered, applications significant amount of information with the requirements of 15 CFR 335. must be received or postmarked by 5 regarding to each company’s factors of Any business confidential information p.m. on October 3, 2005. production and corresponding surrogate that is marked business confidential values, and to review responses to ADDRESSES: Applications must be will be kept confidential and protected supplemental questionnaires from two submitted to the Industry Assessment from disclosure to the full extent pro se respondents. Division, Office of Textiles and Apparel, permitted by law Room 3001, United States Department Because it is not practicable to of Commerce, Washington, D.C. 20230 Dated: August 29, 2005. complete this review within the time (telephone: (202) 482-4058). Application Philip J. Martello, specified under the Act, we are forms may be obtained from that office Acting Deputy Assistant Secretary for Textiles extending the time period for issuing (via facsimile or mail) or from the and Apparel. the preliminary results of this review by following Internet address: http:// [FR Doc. E5–4824 Filed 9–1–05; 8:45 am] an additional 105 days until December web.ita.doc.gov/tacgi/wooltrq.nsf/ 16, 2005, in accordance with section BILLING CODE 3510–DS TRQApp. 751(a)(3)(A) of the Act. The final results continue to be due 120 days after the FOR FURTHER INFORMATION CONTACT: publication of the preliminary results. Sergio Botero, Office of Textiles and Apparel, U.S. Department of Commerce, 1 Anvil International, Inc. And Ward (202) 482-4058. Manufacturing, Inc. SUPPLEMENTARY INFORMATION:
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52366 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
DEPARTMENT OF COMMERCE Tariff Schedule of the United States ACTION: Notice of Final Action Hearings (HTS) heading 9902.51.11); and (2) for on U.S. Model Codes, 2006 editions. International Trade Administration worsted wool fabric with average fiber diameters of 18.5 microns or less (HTS SUMMARY: The International Code Notice of Solicitation of Applications heading 9902.51.12). On August 6, 2002, Council (ICC), under whose auspices the for Allocation of a Tariff Rate Quota on President Bush signed into law the International Codes (‘‘I-Codes’’) are the Import of Certain Worsted Wool Trade Act of 2002, which includes developed, maintains a process for Fabrics to Persons Who Weave Such several amendments to Title V of the updating these model codes based on Fabrics in the United States Act. On December 3, 2004, the Act was receipt of proposals from interested individuals and organizations. The AGENCY: Department of Commerce, further amended pursuant to the ICC’s 14 separately published codes are International Trade Administration. Miscellaneous Trade Act of 2004, Public each comprehensively updated and re- ACTION: Law 108-429. The 2004 amendment The Department of Commerce published every three years with a (Department) is soliciting applications includes authority for the Department to allocate a TRQ for new HTS category, supplement released between each for an allocation of the 2006 tariff rate edition. The most current versions of quotas on certain worsted wool fabric to HTS 9902.51.16. This HTS category refers to worsted wool fabric with the I-Codes are the 2003 Editions and persons who weave such fabrics in the 2004 Supplements. The 2006 Editions United States. average fiber diameter of 18.5 microns or less. The amendment further will be released in March, 2006. SUMMARY: The Department hereby provides that HTS 9902.51.16 is for the The purpose of this notice is to invite solicits applications from persons benefit of persons (including firms, public participation in the Final Action (including firms, corporations, or other corporations, or other legal entities) who Hearings. At this session, public legal entities) who weave worsted wool weave such worsted wool fabric in the comments are reviewed and discussed fabrics in the United States for an United States that is suitable for making and final voting is conducted to allocation of the 2006 tariff rate quota men’s and boys’ suits. The TRQ for HTS determine which proposals are adopted on certain worsted wool fabric. 9902.51.16 will provide for temporary into the 2006 I-Codes. Interested persons must submit an reductions in the import duties on The publication of this notice by the application on the form provided to the 2,000,000 square meters annually for National Institute of Standards and address listed below by October 3, 2005. 2005 and 2006. Technology (NIST) on behalf of ICC is The Department will cause to be The amendment requires that the TRQ being undertaken as a public service; published in the Federal Register its be allocated to persons who weave NIST does not necessarily endorse, determination to allocate the 2006 tariff worsted wool fabric with average fiber approve, or recommend any of the codes rate quotas and will notify applicants of diameter of 18.5 microns or less, which or standards referenced in the notice. their respective allocation as soon as is suitable for use in making men’s and Session Dates: The Final Action possible after that date. Promptly boys’ suits, in the United States. On Hearings of the 2004/2005 Code thereafter, the Department will issue May 16, 2005, the Department Development Cycle will occur between licenses to eligible applicants. published regulations establishing September 28 and October 2, 2005, at the COBO Center in Detroit, Michigan. DATES: To be considered, applications procedures for allocating the TRQ. 70 must be received or postmarked by 5 FR 25774, 15 CFR 335. In order to be Proposed changes approved during p.m. on October 3, 2005. eligible for an allocation, an applicant this cycle, in addition to changes published in the 2004 Supplement, will ADDRESSES: Applications must be must submit an application on the form provided at http://web.ita.doc.gov/tacgi/ constitute the 2006 editions of the submitted to the Industry Assessment International Codes. Division, Office of Textiles, Apparel and wooltrq.nsf/TRQApp/fabric to the address listed above by 5 p.m. on The agenda for the hearing as well as Consumer Goods Industries, Room updates to the schedule are also posted 3001, United States Department of October 3, 2005 in compliance with the requirements of 15 CFR 335. Any on the ICC Web site at: http:// Commerce, Washington, D.C. 20230 www.iccsafe.org. (telephone: (202) 482-4058). Application business confidential information that is forms may be obtained from that office marked business confidential will be FOR FURTHER INFORMATION CONTACT: (via facsimile or mail) or from the kept confidential and protected from Mike Pfeiffer, PE, Vice President, Codes following Internet address: http:// disclosure to the full extent permitted and Standards Development at ICC’s web.ita.doc.gov/tacgi/wooltrq.nsf/ by law. Chicago District Office, 4051 West TRQApp/fabric. Dated: August 29, 2005. Flossmoor Road, Country Club Hills, FOR FURTHER INFORMATION CONTACT: Philip J. Martello, Illinois, 60478; Telephone 888–422– Sergio Botero, Office of Textiles and Acting Deputy Assistant Secretary for Textiles 7233, Extension 4338; e-mail Apparel, U.S. Department of Commerce, and Apparel. [email protected]. (202) 482-4058. [FR Doc. E5–4825 Filed 9–1–05; 8:45 am] SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: BILLING CODE 3510–DS Background Background The ICC produces a family of Codes Title V of the Trade and Development DEPARTMENT OF COMMERCE and Standards that are comprehensive, Act of 2000 (the Act) created two tariff coordinated and are widely used across rate quotas (TRQs), providing for National Institute of Standards and the country in the regulation of the built temporary reductions in the import Technology environment. Local, state and federal duties on limited quantities of two International Code Council: The agencies use these codes and standards categories of worsted wool fabrics Update Process for the International as the basis for developing regulations suitable for use in making suits, suit- Codes concerning new and existing type jackets, or trousers: (1) for worsted construction. wool fabric with average fiber diameters AGENCY: National Institute of Standards The ICC code development process is greater than 18.5 microns (Harmonized and Technology, Commerce. initiated when proposals from
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52367
interested persons-supported by written DEPARTMENT OF COMMERCE building failures conducted under the data, views, or arguments-are solicited, authorities of the NCST Act that became received and then published in the National Institute of Standards and law in October 2002 and will review the Proposed Changes document. This Technology procedures developed to implement the document is distributed a minimum of NCST Act and reports issued under 30 days in advance of the Code National Construction Safety Team section 8 of the NCST Act. Background Development Hearings and serves as the Advisory Committee Meeting information on the NCST Act and agenda for that session. AGENCY: National Institute of Standards information on the NCST Advisory At the Code Development Hearing the and Technology, United States Committee is available at http:// ICC Code Development Committee for Department of Commerce. www.nist.gov/ncst. each code or subject area of the code Pursuant to the Federal Advisory considers testimony and takes action on ACTION: Notice of open meeting. Committee Act, 5 U.S.C. app. 2, notice each proposal (Approval, Disapproval, SUMMARY: The National Construction is hereby given that the National or Approval as Modified). Following the Safety Team (NCST) Advisory Construction Safety Team (NCST) Code Development Hearing, results are Committee (Committee), National Advisory Committee (Committee), published in a report entitled the Report Institute of Standards and Technology National Institute of Standards and of the Public Hearing, which identifies (NIST), will meet Monday, September Technology (NIST), will meet Monday, the disposition of each proposal and the 12, 2005, from 8:30 a.m. to 5 p.m. and September 12, 2005, at 8:30 a.m. and will adjourn at 5 p.m. on September 12, reason for the committee’s action. Any Tuesday, September 13, 2005, from 8:30 person wishing to comment on the 2005. The meeting will resume on a.m. to 12 p.m. The primary purpose of committee’s action may do so in the Tuesday, September 13, 2005, at 8:30 this meeting is to review the changes public comment period following the a.m. and end at 12 p.m. The meeting made to the World Trade Center (WTC) first hearing. Comments received are will be held at NIST headquarters in Investigation Final Reports in response published and distributed in a Gaithersburg, Maryland. to comments received from the public. document called the Final Action The primary purpose of this meeting The NCST Advisory Committee will Agenda which serves as the agenda for is to review the changes made to the also discuss its annual report to the the second hearing. WTC Investigation Final Reports in Congress. The agenda may change to Proposals which are approved by a response to comments received from the accommodate Committee business. The vote of the Governmental Members of public. The NCST Advisory Committee final agenda will be posted on the NIST ICC at the second hearing (Final Action will also discuss its annual report to the Web site at www.nist.gov/ncst. Hearing) are incorporated in either the Congress. The meeting will be open to Supplement or Edition, as applicable, DATES: The meeting will convene on the public. The final agenda will be with the next 18-month cycle starting September 12, 2005, at 8:30 a.m. and posted on the NIST Web site at http:// with the submittal deadline for will adjourn at 5 p.m. on September 12, www.nist.gov/ncst. proposals. 2005. The meeting will resume on Individuals and representatives of Proponents of proposals automatically September 13, 2005, at 8:30 a.m. and organizations who would like to offer receive a copy of all documents end at 12 p.m. The meeting will be open comments and suggestions related to the (Proposed Changes, Report of the Public to the public. Committee’s affairs, or the WTC Hearing and Final Action Agenda). ADDRESSES: The meeting will be held in Investigation are invited to request a Interested parties may also request a the Administration Building, Lecture place on the agenda. On September 12, copy, free of charge, by downloading the Room A at NIST, Gaithersburg, 2005, approximately one-half hour will ‘‘return coupon’’ from the ICC Web site Maryland. Please note admittance be reserved for public comments, and at http://www.iccsafe.org and sending it instructions under the SUPPLEMENTARY speaking times will be assigned on a in as directed. INFORMATION section of this notice. first-come, first-served basis. The amount of time per speaker will be The International Codes consist of the FOR FURTHER INFORMATION CONTACT: determined by the number of requests following: Stephen Cauffman, National received, but is likely to be 5 minutes International Building Code Construction Safety Team Advisory each. Questions from the public will not ICC Electrical Code Committee, National Institute of be considered during this period. International Energy Conservation Code Standards and Technology, 100 Bureau Speakers who wish to expand upon International Existing Building Code Drive, MS 8611, Gaithersburg, Maryland International Fire Code their oral statements, those who had 20899–8611. Mr. Cauffman’s e-mail International Fuel Gas Code wished to speak but could not be address is [email protected] International Mechanical Code accommodated on the agenda, and those and his phone number is (301) 975– ICC Performance Code for Buildings and who were unable to attend in person are 6051. Facilities invited to submit written statements to International Plumbing Code SUPPLEMENTARY INFORMATION: The the National Construction Safety Team International Private Sewage Disposal Committee was established pursuant to Advisory Committee, National Institute Code Section 11 of the National Construction of Standards and Technology, 100 International Property Maintenance Safety Team Act (15 U.S.C. 7310 et Bureau Drive, MS 8611, Gaithersburg, Code seq.). The Committee is composed of Maryland 20899–8611, via fax at (301) International Residential Code nine members appointed by the Director International Urban-Wildland Interface 975–6122, or electronically by e-mail to of NIST who were selected for their Code; and [email protected]. International Zoning Code technical expertise and experience, All visitors to the NIST site are established records of distinguished required to pre-register to be admitted. Dated: August 25, 2005. professional service, and their Anyone wishing to attend this meeting William Jeffrey, knowledge of issues affecting teams must register by close of business Director. established under the NCST Act. The Thursday, September 8, 2005, in order [FR Doc. 05–17519 Filed 9–1–05; 8:45 am] Committee will advise the Director of to attend. Please submit your name, BILLING CODE 3510–13–P NIST on carrying out investigations of time of arrival, e-mail address and
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52368 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
phone number to Stephen Cauffman and Gulf of Mexico Hurricane Protection’’ A public scoping meeting will be held he will provide you with instructions went to the public in March 2002. A around September of 2005. The meeting for admittance. Non-U.S. citizens must Record of Decision has not been signed will be held in the vicinity of Houma, also submit their country of citizenship, for this FPEIS. The MtoG entered the LA. Additional meetings could be held, title, employer/sponsor, and address. design phase following approval by the depending upon public interest and if it Mr. Cauffman’s e-mail address is Mississippi River Commission and the is determined that further public [email protected] and his execution of a design agreement in May coordination is warranted. phone number is (301) 975–6051. 2002. The lock complex and associated 4. Significant Issues. The tentative list Dated: August 26, 2005. structures on the HNC are part of the of resources and issues to be evaluated William Jeffrey, larger MtoG project. in the EIS includes tidal wetlands Director. FOR FURTHER INFORMATION CONTACT: (marshes and swamps), aquatic resources, commercial and recreational [FR Doc. 05–17518 Filed 9–1–05; 8:45 am] Questions concerning the Draft Environmental Impact Statement (DEIS) fisheries, wildlife resources, essential BILLING CODE 3510–13–P should be addressed to Mr. Nathan fish habitat, water quality, air quality, Dayan at U.S. Army Corps of Engineers, threatened and endangered species, recreation resources, and cultural DEPARTMENT OF DEFENSE PM–RS, P.O. Box 60267, New Orleans, LA 70160–0267, phone (504) 862–2030, resources. Socioeconomic items to be Department of the Army; Corps of fax number (504) 862–2572 or by evaluated in the EIS include navigation, Engineers e-mail at flood protection, business and industrial [email protected]. activity, employment, land use, property values, public/community Intent To Prepare a Draft SUPPLEMENTARY INFORMATION: Environmental Impact Statement for 1. Proposed Action. The proposed facilities and services, tax revenues, Construction of the Following Features action would include (1) The population, community and regional of the Mississippi River and construction of a gated lock and growth, transportation, housing, Tributaries—Morganza, LA to the Gulf floodgate complex built in a bypass community cohesion, and noise. 5. Environmental Consultation and of Mexico Project (MtoG): Houma channel adjacent to the HNC, (2) the Review. The U.S. Fish and Wildlife Navigation Canal (HNC) Lock Complex building of closure dam on the HNC, (3) Service (USFWS) will assist in the and Associated Structures, in the construction of MtoG hurricane documentation of existing conditions Terrebonne Parish in the Vicinity of protection levee reach G1, (4) the and assessment of effects of project Dulac, LA to Include Levee Reach G1, building of HNC lock access road, (5) alternatives through Fish and Wildlife HNC Lock Access Road, HNC Closure the building of MtoG hurricane Coordination Act consultation Dam, HNC Lock and Floodgate protection levee reach F1, (6) the procedures. The USFWS will provide a Complex, Levee Reach F1, Bayou construction of Bayou Grand Caillou Fish and Wildlife Coordination Act Grand Caillou Structure, and the Sand structure, and (7) identification of the report. Consultation will be Sources for these Levee Reaches sand sources for construction activity. accomplished with the USFWS and the AGENCY: Department of the Army, U.S. The material dredged for the construction and maintenance of the National Marine Fisheries Service Army Corps of Engineers, DoD. (NMFS) concerning threatened and ACTION: Notice of intent. channels would be used for wetlands restoration and construction, to the endangered species and their critical SUMMARY: The U.S. Army Corps of extent practicable. Economic and habitat. The NMFS will be consulted Engineers, Mississippi Valley Division, environmental analysis would be used regarding the effects of this proposed New Orleans District, is initiating this to determine the most practical plan, action on Essential Fish Habitat. The study under the authority of the Energy which would provide for the greatest draft EIS (DEIS) or a notice of its and Water Development Appropriation overall public benefit. availability will be distributed to all Act for Fiscal Year 2002 (Pub. L. 107– 2. Alternatives. Alternatives interested agencies, organizations, and 66) to determine the environmental recommended for consideration individuals. impacts of the Houma Navigation Canal presently include the construction of 6. Estimated Date of Availability. (HNC) lock complex and associated the HNC lock complex and associated Funding levels will dictate the date structures. The reconnaissance study for structures as described in the MtoG when the DEIS is available. The earliest the Mississippi River & Tributaries— programmatic FEIS. Additionally, that the DEIS is expected to be available Morganza, Louisiana to the Gulf of various levee alignments, as well as is May of 2006. Mexico hurricane protection project structure locations, depth, and sizes will Dated: August 16, 2005. (MtoG) was authorized by a resolution be investigated. Richard P. Wagenaar, adopted April 30, 1992, by the 3. Scoping. Scoping is the process for Colonel, U.S. Army, District Engineer. Committee of Public Works and determining the scope of alternatives [FR Doc. 05–17496 Filed 9–1–05; 8:45 am] Transportation of the U.S. House of and significant issues to be addressed in BILLING CODE 3710–84–P Representatives. The Water Resources the EIS. A letter will be sent to all Development Act (WRDA) of 1996 parties believed to have an interest in authorized the Corps to conduct an the analysis. The letter will also notify DEPARTMENT OF EDUCATION independent study of a lock to be interested parties of public scoping located in the HNC. That study was meetings that will be held in the local Submission for OMB Review; completed in 1997. In 1998, Congress area and request their input on Comment Request authorized the Corps to initiate detailed alternatives and issues to be evaluated. design of the multipurpose lock in the Notices will also be sent to local news AGENCY: Department of Education. HNC. A Final Programmatic media. All interested parties are invited SUMMARY: The Leader, Information Environmental Impact Statement to comment at this time, and anyone Management Case Services Team, (FPEIS) entitled ‘‘Mississippi River & interested in this study should request Regulatory Information Management Tributaries—Morganza, Louisiana to the to be included in the study mailing list. Services, Office of the Chief Information
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52369
Officer invites comments on the Burden Hours: 2,148. a copy of those comments to the submission for OMB review as required Abstract: This submittal applies to a Commission as explained below. The by the Paperwork Reduction Act of special study on 12th grade students’ Commission received no comments in 1995. participation and engagement in the response to an earlier Federal Register DATES: Interested persons are invited to NAEP assessments. This study is notice of June 7, 2005 (70 FR 33140–41) submit comments on or before October intended to determine if fall and has made this notation in its 3, 2005. assessments are preferable to spring submission to OMB. assessments for participation of students ADDRESSES: Written comments should DATES: Comments on the collection of in their final year of secondary be addressed to the Office of information are due by September 23, education. Information and Regulatory Affairs, 2005. Requests for copies of the information Attention: Rachel Potter, Desk Officer, collection submission for OMB review ADDRESSES: Address comments on the Department of Education, Office of may be accessed from http:// collection of information to the Office of Management and Budget, 725 17th edicsweb.ed.gov, by selecting the Management and Budget, Office of Street, NW., Room 10222, New ‘‘Browse Pending Collections’’ link and Information and Regulatory Affairs, Executive Office Building, Washington, by clicking on link number 2870. When Attention: Federal Energy Regulatory DC 20503 or faxed to (202) 395–6974. you access the information collection, Commission Desk Officer. Comments to SUPPLEMENTARY INFORMATION: Section click on ‘‘Download Attachments’’ to OMB should be filed electronically, c/o 3506 of the Paperwork Reduction Act of view. Written requests for information [email protected] and 1995 (44 U.S.C. Chapter 35) requires should be addressed to U.S. Department include the OMB Control No. as a point that the Office of Management and of Education, 400 Maryland Avenue, of reference. The Desk Officer may be Budget (OMB) provide interested SW., Potomac Center, 9th Floor, reached by telephone at (202) 395–4650. Federal agencies and the public an early Washington, DC 20202–4700. Requests A copy of the comments should also be opportunity to comment on information may also be electronically mailed to the sent to the Federal Energy Regulatory collection requests. OMB may amend or Internet address [email protected] or Commission, Office of the Executive waive the requirement for public faxed to 202–245–6623. Please specify Director, ED–33, Attention: Michael consultation to the extent that public the complete title of the information Miller, 888 First Street, NE., participation in the approval process collection when making your request. Washington, DC 20426. Comments may would defeat the purpose of the Comments regarding burden and/or be filed either in paper format or information collection, violate State or the collection activity requirements electronically. Those persons filing Federal law, or substantially interfere should be directed to Kathy Axt at her electronically do not need to make a with any agency’s ability to perform its e-mail address [email protected]. paper filing. For paper filings, such statutory obligations. The Leader, Individuals who use a comments should be submitted to the Regulatory Information Management telecommunications device for the deaf Office of the Secretary, Federal Energy Services, Office of the Chief Information (TDD) may call the Federal Information Regulatory Commission, 888 First Officer, publishes that notice containing Relay Service (FIRS) at 1–800–877– Street, NE., Washington, DC 20426 and proposed information collection 8339. should refer to Docket No. IC05–11–001. requests prior to submission of these Documents filed electronically via the requests to OMB. Each proposed [FR Doc. 05–17490 Filed 9–1–05; 8:45 am] Internet must be prepared in information collection, grouped by BILLING CODE 4000–01–P WordPerfect, MS Word, Portable office, contains the following: (1) Type Document Format, or ASCII format. To of review requested, e.g. new, revision, file the document, access the extension, existing or reinstatement; (2) DEPARTMENT OF ENERGY Commission’s Web site at http:// Title; (3) Summary of the collection; (4) www.ferc.gov and click on ‘‘Make an E- Federal Energy Regulatory Description of the need for, and Filing,’’ and then follow the instructions Commission proposed use of, the information; (5) for each screen. First time users will Respondents and frequency of [IC05–11–001, FERC–11] have to establish a user name and collection; and (6) Reporting and/or password. The Commission will send an Recordkeeping burden. OMB invites Commission Information Collection automatic acknowledgement to the public comment. Activities, Proposed Collection; sender’s e-mail address upon receipt of Dated: August 29, 2005. Comment Request; Extension comments. User assistance for electronic Angela C. Arrington, August 26, 2005. filings is available at (202) 502–8258 or by e-mail to [email protected]. Comments Leader, Information Management Case AGENCY: Federal Energy Regulatory should not be submitted to e-mail Services Team, Regulatory Information Commission. Management Services, Office of the Chief address. ACTION: Information Officer. Notice. All comments may be viewed, printed Institute of Education Sciences SUMMARY: In compliance with the or downloaded remotely via the Internet through FERC’s homepage using the Type of Review: Revision. requirements of section 3507 of the Paperwork Reduction Act of 1995, 44 ‘‘eLibrary’’ link. Enter the docket Title: National Assessment of number excluding the last three digits in Educational Progress 12th Grade U.S.C. 3507, the Federal Energy Regulatory Commission (Commission) the docket number field to access the Participation and Engagement Study. document. For user assistance, contact Frequency: One time. has submitted the information Affected Public: Individuals or collection described below to the Office [email protected] or toll- household; State, local, or tribal gov’t, of Management and Budget (OMB) for free at (866) 208–3676, or for TTY, SEAs or LEAs. review and extension of this contact (202) 502–8659. Reporting and Recordkeeping Hour information collection requirement. Any FOR FURTHER INFORMATION CONTACT: Burden: interested person may file comments Michael Miller may be reached by Responses: 8,440. directly with OMB and should address telephone at (202) 502–8415, by fax at
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52370 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
(202) 273–0873, and by e-mail at year × $108,558 per year = $39,457. The • Label one copy of your comments [email protected]. cost per respondent is equal to $626. for the attention of Gas Branch 1; PJ– 11.1; and; SUPPLEMENTARY INFORMATION: Statutory Authority: Sections 10(a) and 16 • of the Natural Gas Act (NGA) 15 U.S.C. 717– Mail your comments so that they Description 717w and the Natural Gas Policy Act of 1978 will be received in Washington, DC on The information collection submitted (NGPA) (15 U.S.C. 3301–3432). or before September 26, 2005. Please note that we are continuing to for OMB review contains the following: Magalie R. Salas, experience delays in mail deliveries 1. Collection of Information: FERC Secretary. from the U.S. Postal Service. The Form 11 ‘‘Natural Gas Monthly [FR Doc. E5–4815 Filed 9–1–05; 8:45 am] Commission strongly encourages Quarterly Statement of Monthly Data’’. BILLING CODE 6717–01–P electronic filing of any comments on 2. Sponsor: Federal Energy Regulatory this Draft General Conformity Commission. Determination. See 18 CFR 3. Control No. 1902–0032. DEPARTMENT OF ENERGY 385.2001(a)(1)(iii) and the instructions The Commission is now requesting on the Commission’s Web site at http:// that OMB approve and extend the Federal Energy Regulatory www.ferc.gov under the ‘‘e-Filing’’ link expiration date for an additional three Commission and the link to the User’s Guide. Before years with no changes to the existing you can file comments you will need to collection. The information filed with [Docket Nos. CP04–411–000 and CP04–416– create a free account which can be the Commission is mandatory. 000] created online. 4. Necessity of the Collection of Additional information about the Information: Submission of the Crown Landing LLC and Texas Eastern project is available from the information is necessary for the Transmission, LP; Notice of Commission’s Office of External Affairs, Commission to carry out its Availability of the Draft General at 1–866–208–FERC (3372) or on the responsibilities in implementing the Conformity Determination for the FERC Internet Web site (www.ferc.gov) statutory provisions of sections 10(a) Proposed Crown Landing LNG and using the ‘‘eLibrary’’ link; select and 16 of the Natural Gas Act (NGA) 15 Logan Lateral Projects ‘‘General Search’’ from the eLibrary U.S.C. 717–717w and the Natural Gas menu, enter the selected date range and August 26, 2005. Policy Act of 1978 (NGPA) (15 U.S.C. ‘‘Docket Number’’ (i.e., CP04–411) and 3301–3432). The NGA and NGPA The staff of the Federal Energy follow the instructions. Searches may authorize the Commission to prescribe Regulatory Commission (FERC or also be done using the phrase ‘‘Crown rules and regulations requiring natural Commission) has prepared this Draft Landing’’ in the ‘‘Text Search’’ field. For gas pipeline companies whose gas was General Conformity Determination to assistance with eLibrary, the eLibrary transported or stored for a fee, which assess the potential air quality impacts helpline can be reached at 1–866–208– exceeded 50 million dekatherms in each associated with the construction and 3676, TTY (202) 502–8659 or at of the three previous calendar years to operation of a liquefied natural gas [email protected]. The submit FERC Form 11. Although the (LNG) import terminal proposed by eLibrary link on the FERC Internet Web submission of the form is quarterly, the Crown Landing LLC and natural gas site also provides access to the texts of information is reported on a monthly pipeline facilities proposed by Texas formal documents issued by the basis. This permits the Commission to Eastern Transmission, L.P., referred to Commission, such as orders, notices, follow developing trends on a pipeline’s as the Crown Landing LNG and Logan and rulemakings. system. Gas revenues and quantities of Lateral Projects, in the above-referenced gas by rate schedule, transition cost dockets. Magalie R. Salas, from upstream pipelines, and This Draft General Conformity Secretary. reservation charges are reported. This Determination was prepared to satisfy [FR Doc. E5–4821 Filed 9–1–05; 8:45 am] information is used by the Commission the requirements of the Clean Air Act. BILLING CODE 6717–01–P to assess the reasonableness of the Comment Procedures various revenues and cost of service items claimed in rate filings. It also Any person wishing to comment on DEPARTMENT OF ENERGY provides the Commission with a view of this Draft General Conformity Determination may do so. To ensure Federal Energy Regulatory the status pipeline activities, allows Commission revenue comparisons between consideration of your comments in the pipelines, and provides the financial Final General Conformity [Docket No. ER03–563–030] status of the regulated pipelines. Determination, it is important that we The Commission implements these receive your comments before the date Devon Power LLC, et al.; Notice filing requirements in the Code of specified below. The Final General Scheduling Oral Argument Federal Regulations (CFR) under 18 CFR Conformity Determination will be August 25, 2005. section 260.3 and section 385.2011. included in the Final Environmental On June 15, 2005, the Administrative 5. Respondent Description: The Impact Statement for the projects. Please Law Judge (ALJ) issued an Initial respondent universe currently carefully follow these instructions to Decision in this proceeding.1 Certain comprises 63 companies (on average) ensure that your comments are received parties requested oral argument before subject to the Commission’s in time and properly recorded: the Commission. On August 10, 2005, • jurisdiction. Send an original and two copies of the Commission granted oral argument 6. Estimated Burden: 756 total hours, your comments to: Magalie R. Salas, and stated that it would issue a 63 respondents (average), 4 responses Secretary, Federal Energy Regulatory subsequent notice with the times, per respondent, and 3 hours per Commission, 888 First St., NE., Room agenda and other information.2 response (average). 1A, Washington, DC 20426; 7. Estimated Cost Burden to • Reference Docket Nos. CP04–411– 1 Devon Power LLC, 111 FERC ¶ 63,063 (2005). respondents: 756 hours/2080 hours per 000 and CP04–416–000; 2 Devon Power LLC, 112 FERC ¶ 61,179 (2005).
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52371
Oral argument will be held on each alternative to ISO–NE’s LICAP appropriate. Such notices, motions, or September 20, 2005, at 10 a.m. in the proposal, and a description of the protests must be filed on or before the Commission Meeting Room at 888 First alternative’s benefits. comment date. Anyone filing a motion Street, NE., Washington, DC 20426. A transcript of the conference will be to intervene or protest must serve a copy Parties are encouraged to come immediately available from Ace of that document on the Applicant and prepared to discuss the concept of Reporting Company (202–347–3700 or all the parties in this proceeding. Locational Installed Capacity (LICAP) 1–800–336–6646) for a fee. It will be The Commission encourages mechanisms, concerns with the available for the public on the electronic submission of protests and proposed LICAP, and alternative Commission’s eLibrary system seven interventions in lieu of paper using the approaches to LICAP. Parties are calendar days after FERC receives the ‘‘eFiling’’ link at http://www.ferc.gov. directed to address the following transcript. Additionally, Capitol Persons unable to file electronically questions: Connection offers the opportunity for should submit an original and 14 copies 1. Does the proposal (or any remote listening and viewing of the of the protest or intervention to the alternative approach) provide for just conference. It is available for a fee, live Federal Energy Regulatory Commission, and reasonable wholesale power prices over the Internet, by phone or via 888 First Street, NE., Washington, DC in New England, at levels that satellite. Persons interested in receiving 20426. encourage needed generation additions? the broadcast or who need information This filing is accessible on-line at 2. Will the proposal (or any on making arrangements should contact http://www.ferc.gov, using the alternative approach) provide adequate David Reininger or Julia Morelli at the ‘‘eLibrary’’ link and is available for assurance that necessary electric Capitol Connection (703–993–3100) as review in the Commission’s Public generation capacity or reliability will be soon as possible or visit the Capitol Reference Room in Washington, DC. provided? If so, how? Connection Web site at http:// There is an ‘‘eSubscription’’ link on the 3. What are the costs, benefits, and www.capitolconnection.org and click on Web site that enables subscribers to economic impacts of the proposal (or ‘‘FERC.’’ receive e-mail notification when a any alternative approach), compared to FERC conferences are accessible document is added to a subscribed continued reliance on the status quo, under section 508 of the Rehabilitation docket(s). For assistance with any FERC such as the cost of Reliability-Must-Run Act of 1973. For accessibility Online service, please e-mail agreements? accommodations please send an e-mail Oral argument will begin with a short [email protected], or call to [email protected] or call toll free presentation of the case by Commission (866) 208–3676 (toll free). For TTY, call Trial Staff. It will be followed by a (866) 208–3372 (voice) or (202) 208– (202) 502–8659. discussion devoted to ISO–NE’s LICAP 1659 (TTY), or send a FAX to (202) 208– Comment Date: 5 p.m. eastern time on proposal and will include a discussion 2106 with the required September 16, 2005. accommodations. of the above posed questions. ISO–NE Linda Mitry, and the parties aligned with it will Magalie R. Salas, Deputy Secretary. begin the morning session. They will be Secretary. [FR Doc. E5–4808 Filed 9–1–05; 8:45 am] allotted a total of one hour and fifteen [FR Doc. E5–4814 Filed 9–1–05; 8:45 am] BILLING CODE 6717–01–P minutes to present their arguments, a BILLING CODE 6717–01–P portion of which may be reserved for rebuttal purposes. The Connecticut DEPARTMENT OF ENERGY Parties, New England Conference of DEPARTMENT OF ENERGY Public Utilities Commissioners, and Federal Energy Regulatory parties aligned with them will be Federal Energy Regulatory Commission allotted one hour and fifteen minutes to Commission [Docket No. RP05–477–001] respond. [Docket No. TX05–1–003] The afternoon session will be devoted National Fuel Gas Supply Corporation; to a discussion of alternatives to LICAP. East Kentucky Power Cooperative, Notice of Compliance Filing The Connecticut Parties, New England Inc.; Notice of Filing Conference of Public Utilities August 26, 2005. Commissioners, and parties aligned August 24, 2005. Take notice that on August 23, 2005, with them will be allotted one hour and Take notice that on August 18, 2005, National Fuel Gas Supply Corporation fifteen minutes to present their as amended on August 19, 2005, East (National Fuel) tendered for filing as proposals and arguments, a portion of Kentucky Power Cooperative, Inc. part of its FERC Gas Tariff, Fourth which may be reserved for rebuttal (EKPC) submitted a revised System Revised Volume No. 1, Sub. Eighth purposes. ISO–NE and the parties Impact Study, in compliance with the Revised Sheet No. 457 and Sub. Sixth aligned with it will respond. They will Commission’s order issued August 3, Revised Sheet No. 458, with an effective be allotted a total of one hour and 2005, 112 FERC ¶ 61,160 (2005). date of September 1, 2005. fifteen minutes to present their Any person desiring to intervene or to National Fuel states that the purpose arguments. No later than September 13, protest this filing must file in of this filing is to submit revised tariff 2005, the parties in this proceeding accordance with Rules 211 and 214 of sheets in compliance with the must notify the Commission of the the Commission’s Rules of Practice and Commission’s Letter Order issued on names of the representatives who will Procedure (18 CFR 385.211, 385.214). August 15, 2005, in Docket No. RP05– speak and the way they desire to Protests will be considered by the 477–000 and to conform to the NAESB allocate their allotted time. Parties are Commission in determining the Standards incorporated by Order No. also requested to provide no later than appropriate action to be taken, but will 587–S. September 13, 2005 a brief (no more not serve to make protestants parties to National Fuel states that copies of this than 20 pages) description of each the proceeding. Any person wishing to filing were served upon its customers, alternative approach they will be become a party must file a notice of interested state commissions and the presenting, including a comparison of intervention or motion to intervene, as parties on the official service list
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52372 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
compiled by the Secretary in this Northern states that copies of the DEPARTMENT OF ENERGY proceeding. filing were served upon its customers Any person desiring to protest this and interested state commissions. Federal Energy Regulatory Commission filing must file in accordance with Rule Any person desiring to intervene or to 211 of the Commission’s Rules of protest this filing must file in [Docket No. RP05–573–000] Practice and Procedure (18 CFR accordance with Rules 211 and 214 of Transcontinental Gas Pipe Line 385.211). Protests to this filing will be the Commission’s Rules of Practice and Corporation; Notice of Proposed considered by the Commission in Procedure (18 CFR 385.211 and Changes in FERC Gas Tariff determining the appropriate action to be 385.214). Protests will be considered by taken, but will not serve to make the Commission in determining the August 26, 2005. protestants parties to the proceeding. appropriate action to be taken, but will Take notice that on August 23, 2005, Such protests must be filed in not serve to make protestants parties to Transcontinental Gas Pipe Line accordance with the provisions of the proceeding. Any person wishing to Corporation (Transco) tendered for Section 154.210 of the Commission’s become a party must file a notice of filing as part of its FERC Gas Tariff, regulations (18 CFR 154.210). Anyone Third Revised Volume No. 1, First filing a protest must serve a copy of that intervention or motion to intervene, as appropriate. Such notices, motions, or Revised Sheet No. 435 to become document on all the parties to the effective September 22, 2005. proceeding. protests must be filed in accordance with the provisions of Section 154.210 Transco states that the purpose of this The Commission encourages filing is to revise the Form of Service of the Commission’s regulations (18 CFR electronic submission of protests in lieu Agreement for use under Transco’s Rate 154.210). Anyone filing an intervention of paper using the ‘‘eFiling’’ link at Schedule SS–2 to allow for an extension http://www.ferc.gov. Persons unable to or protest must serve a copy of that of the contract term and to provide for file electronically should submit an document on the Applicant. Anyone a notice period prior to the termination original and 14 copies of the protest to filing an intervention or protest on or of service by either party. the Federal Energy Regulatory before the intervention or protest date Any person desiring to intervene or to Commission, 888 First Street, NE., need not serve motions to intervene or protest this filing must file in Washington, DC. 20426. protests on persons other than the accordance with Rules 211 and 214 of Applicant. This filing is accessible on-line at the Commission’s Rules of Practice and http://www.ferc.gov, using the The Commission encourages Procedure (18 CFR 385.211 and ‘‘eLibrary’’ link and is available for electronic submission of protests and 385.214). Protests will be considered by review in the Commission’s Public interventions in lieu of paper using the the Commission in determining the Reference Room in Washington, DC. ‘‘eFiling’’ link at http://www.ferc.gov. appropriate action to be taken, but will There is an ‘‘eSubscription’’ link on the Persons unable to file electronically not serve to make protestants parties to the proceeding. Any person wishing to Web site that enables subscribers to should submit an original and 14 copies become a party must file a notice of receive e-mail notification when a of the protest or intervention to the intervention or motion to intervene, as document is added to a subscribed Federal Energy Regulatory Commission, docket(s). For assistance with any FERC appropriate. Such notices, motions, or 888 First Street, NE., Washington, DC. protests must be filed in accordance Online service, please e-mail 20426. [email protected], or call with the provisions of Section 154.210 This filing is accessible on-line at (866) 208–3676 (toll free). For TTY, call of the Commission’s regulations (18 CFR (202) 502–8659. http://www.ferc.gov, using the 154.210). Anyone filing an intervention ‘‘eLibrary’’ link and is available for or protest must serve a copy of that Magalie R. Salas, review in the Commission’s Public document on the Applicant. Anyone Secretary. Reference Room in Washington, DC. filing an intervention or protest on or [FR Doc. E5–4819 Filed 9–1–05; 8:45 am] There is an ‘‘eSubscription’’ link on the before the intervention or protest date BILLING CODE 6717–01–P Web site that enables subscribers to need not serve motions to intervene or receive e-mail notification when a protests on persons other than the document is added to a subscribed Applicant. DEPARTMENT OF ENERGY docket(s). For assistance with any FERC The Commission encourages Online service, please e-mail electronic submission of protests and interventions in lieu of paper using the [Docket No. RP05–567–000] [email protected], or call ‘‘eFiling’’ link at http://www.ferc.gov. (866) 208–3676 (toll free). For TTY, call Persons unable to file electronically Northern Natural Gas Company; Notice (202) 502–8659. of Filing should submit an original and 14 copies Magalie R. Salas, of the protest or intervention to the August 26, 2005 Secretary. Federal Energy Regulatory Commission, Take notice that on August 19, 2005, [FR Doc. E5–4820 Filed 9–1–05; 8:45 am] 888 First Street, NE., Washington, DC Northern Natural Gas Company 20426. BILLING CODE 6717–01–P (Northern) tendered for filing as part of This filing is accessible on-line at its FERC GasTtariff, Fifth Revised http://www.ferc.gov, using the Volume No. 1, to be effective November ‘‘eLibrary’’ link and is available for 1, 2005: review in the Commission’s Public Reference Room in Washington, DC. Fifth Revised Volume No. 1 Second Revised Sheet No. 263F There is an ‘‘eSubscription’’ link on the Second Revised Sheet No. 263G Web site that enables subscribers to Ninth Revised Sheet No. 263H receive e-mail notification when a Eighth Revised Sheet No. 263H.1 document is added to a subscribed Second Revised Sheet No. 263I docket(s). For assistance with any FERC
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52373
Online service, please e-mail and the ‘‘unexceptional nature of this FPL Energy MH 50, LP; FPL Energy New [email protected], or call request.’’ Motion at 2. Mexico Wind, LLC; FPL Energy North (866) 208–3676 (toll free). For TTY, call 2. Upon consideration, notice is Dakota Wind, LLC; FPL Energy North (202) 502–8659. hereby given that an extension of time Dakota Wind II, LLC; FPL Energy to submit cost filings to the Commission Oklahoma Wind, LLC; FPL Energy Magalie R. Salas, is granted to and including September Power Marketing, Inc.; FPL Energy Secretary. 14, 2005, as requested. Seabrook, LLC; FPL Energy Sooner [FR Doc. E5–4810 Filed 9–1–05; 8:45 am] Magalie R. Salas, Wind, LLC; FPL Energy South Dakota BILLING CODE 6717–01–P Wind, LLC; FPL Energy Vansycle, LLC; Secretary. FPL Energy Wyman, LLC; FPL Energy [FR Doc. E5–4813 Filed 9–1–05; 8:45 am] Wyman IV, LLC; FPL Energy Wyoming, DEPARTMENT OF ENERGY BILLING CODE 6717–01–P LLC; FPLE Rhode Island State Energy, Federal Energy Regulatory L.P.; Gray County Wind Energy, LLC; Commission DEPARTMENT OF ENERGY Hawkeye Power Partners, LLC; High Winds, LLC; Jamaica Bay Peaking [Docket Nos. EL00–95–000 and EL00–98– Federal Energy Regulatory Facility, LLC; Lake Benton Power 000] Commission Partners II, LLC; Meyersdale Windpower LLC; Mill Run Windpower, San Diego Gas & Electric Company, Combined Notice of Filings #1 LLC; North Jersey Energy Associates, Complainant, v. Sellers of Energy and L.P.; Northeast Energy Associates, a Ancillary Services Into Markets August 29, 2005. Limited Partnership; Pennsylvania Operated by the California Take notice that the Commission Windfarms, Inc.; POSDEF Power Independent System Operator and the received the following electric rate Company, LP; Somerset Windpower, California Power Exchange, filings. LLC; Waymart Wind Farm, L.P., and Respondents; Investigation of Docket Numbers: ER97–1781–001. Florida Power & Light Company. Applicants: Strategic Power Practices of the California Independent Description: The above-referenced System Operator and the California Management Inc. Description: Strategic Power applicants submit revised tariff sheets to Power Exchange; Notice Granting reflect a correction to the Market Extension of Time Management Inc., in compliance with the Commission’s order issued 5/31/05 Behavior Rules. Filed Date: 08/12/2005. August 26, 2005. (112 FERC ¶ 61,175 (2005)), submits Accession Number: 20050824–0224. statement indicating that it is wholly 1. On August 25, 2005, IDACORP Comment Date: 5 p.m. eastern time on without market power and submits Energy L.P. (IDACORP), on behalf of ‘‘a Friday, September 8, 2005. substantial number’’ of participants revisions to its market-based rate tariff. attending the August 25, 2005 Technical Filed Date: 08/23/2005. Docket Numbers: ER04–691–060; Conference 1 held in the above- Accession Number: 20050825–0232. EL04–104–057; ER04–106–015. captioned proceeding, filed a Joint Comment Date: 5 p.m. eastern time on Applicant: Midwest Independent Motion for Adjustment to Filing Date for Tuesday, September 13, 2005. Transmission System Operator, Inc. Description: Midwest Independent Cost Filings (Motion). The August 8, Docket Numbers: ER02–2559–005; Transmission System Operator, Inc. 2005 Order on Cost Recovery, Revising ER01–1071–006; ER02–669–006; ER02– submits proposed revisions to its Open Procedural Schedule for Refunds, and 2018–006; ER01–2074–006; ER05–222– Acess Transmission and Energy Markets Establishing Technical Conference 2 002; ER00–2391–006; ER98–2494–010; Tariff, FERC Electric Tariff, Third requires cost filings to be filed ‘‘no later ER00–3068–006; ER05–487–001; ER04– Revised Volume 1 in compliance with than September 10, 2005.’’ 3 Movants 127–003; ER03–34–005; ER98–3511– the Commission’s Orders issued 6/21/05 request an extension of the cost filing 010; ER02–1903–005; ER99–2917–007; (111 FERC ¶ 61,448 (2005)) and 8/6/04 deadline until September 14, 2005, to ER03–179–006; ER03–1104–002; ER03– (108 FERC ¶ 61,163 (2004)). take into account the guidance provided 1105–002; ER03–1332–002; ER98–3566– Filed Date: 08/19/2005. by Staff at the Technical Conference. 013; ER02–1838–006; ER03–1333–003; Accession Number: 20050823–0143. Movants further request action on the ER03–1103–002; ER01–838–006; ER98– Comment Date: 5 p.m. eastern time on Motion before receipt of any answer to 3563–010; ER98–3564–010; ER03–1025– Friday, August 26, 2005. the motion, given the short time frame 003; ER02–2120–004; ER01–1972–006; for preparing cost filing submissions, ER98–2076–009; ER03–155–005; ER03– Docket Number: ER05–1194–001. 623–006; ER98–4222–005; ER04–290– Applicant: Yaka Energy LLC. Description: Yaka Energy LLC submits 1 IDACORP states that parties joining in or not 001; ER01–1710–007; ER04–187–003; opposing this request include: Avista Energy, Inc., ER05–236–004; ER02–2166–005; ER04– an Amendment to Petition for BP Energy Company, California PX, Constellation 947–004; ER01–2139–008; ER03–1375– Acceptance of Initial Rate Schedule, Energy Commodities Group, Inc., Coral Power, 002; ER97–3359–009. Waivers, and Blanket Authority filed on L.L.C., IDACORP Energy, L.P., NEGT Energy 7/5/05 in Docket No. ER005–1194–000. Trading-Power, L.P., Portland General Electric Applicants: Backbone Mountain Company, Powerex Corp., Public Service Company Windpower LLC; Badger Windpower, Filed Date: 08/23/2005. of New Mexico, Puget Sound Energy, Inc., Sempra LLC; Bayswater Peaking Facility, LLC; Accession Number: 20050825–0231. Energy Trading Corp., TransAlta Energy Marketing Blythe Energy, LLC; Calhoun Power Comment Date: 5 p.m. eastern time on (CA) Inc., TransAlta Energy Marketing (US) Inc., Tuesday, September 6, 2005. Golden Energy Services, APX, and AEPCO Company I, LLC; Diablo Winds, LLC; (collectively, ‘‘Movants’’). Motion at 1. IDACORP Doswell Limited Partnership; ESI Docket Number: ER05–1215–002. states that it makes no representations on behalf of Vansycle Partners, L.P.; FPL Energy Applicant: Wholesale Electric Trading the California Parties, but is authorized by all other Cape, LLC; FPL Energy Cowboy Wind, LP. parties attending the August 25, 2005 Technical Conference to request this extension. LLC; FPL Energy Green Power Wind, Description: Wholesale Electric 2 San Diego Gas & Electric Co. v. Sellers of Energy LLC; FPL Energy Hancock County Trading LP submits an amendment to its and Ancillary Services, 112 FERC ¶ 61,176 (2005). Wind, LLC; FPL Energy Maine Hydro petition for acceptance of initial rate 3 Id. at Ordering Paragraph (D). LLC; FPL Energy Marcus Hook, L.P.; schedule, waivers and blanket authority
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52374 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
filed 7/15/05, as amended on 8/15/05 in Description: Southern California eLibrary system by clicking on the Docket Nos. ER05–1215–000 and 001. Edison Company submits revised rate appropriate link in the above list. They Filed Date: 08/24/2005. sheets to the Amended and Restated are also available for review in the Accession Number: 20050825–0230. Ormond Beach Generating Station Commission’s Public Reference Room in Comment Date: 5 p.m. eastern time on Radial Lines Agreement between Washington, DC. There is an Wednesday, September 14, 2005. Southern California Edison Company eSubscription link on the Web site that Docket Number: ER05–1378–000. and Reliant Energy Ormond Beach, enables subscribers to receive e-mail Applicant: American Electric Power L.L.C. notification when a document is added Service Company. Filed Date: 08/24/2005. to a subscribed docket(s). For assistance Description: American Electric Power Accession Number: 20050825–0229. with any FERC Online service, please e- Service Corporation, as agent for its Comment Date: 5 p.m. eastern time on mail [email protected] or affiliate Indiana Michigan Power Wednesday, September 14, 2005. call (866) 208–3676 (toll free). For TTY, Company, submits a revision to the Docket Number: ER05–1389–000. call (202) 502–8659. Interconnection and Local Delivery Applicant: San Juan Mesa Wind Linda Mitry, Service Agreement No. 1262 between Project, LLC. Deputy Secretary. Wabash Valley Power Association and Description: San Juan Mesa Wind [FR Doc. E5–4809 Filed 9–1–05; 8:45 am] American Electric Power Service Project, LLC submits application for Company. market-based rate authorization, certain BILLING CODE 6717–01–P Filed Date: 08/19/2005. waivers and blanket authorizations and Accession Number: 20050824–0167. request for expedited action. DEPARTMENT OF ENERGY Comment Date: 5 p.m. eastern time on Filed Date: 08/24/2005. Friday, September 9, 2005. Accession Number: 20050826–0193. Federal Energy Regulatory Docket Number: ER05–1384–000. Comment Date: 5 p.m. eastern time on Commission Applicant: ISO New England Inc.; Wednesday, September 14, 2005. Northeast Utilities Service Company. Any person desiring to intervene or to [Docket No. CP05–92–000] Description: ISO New England Inc. protest in any of the above proceedings (ISO–NE) and Northeast Utilities must file in accordance with Rules 211 Liberty Gas Storage, L.L.C.; Notice of Company, on behalf of its affiliate the and 214 of the Commission’s Rules of Availability of the Environmental Connecticut Light and Power Company Practice and Procedure (18 CFR 385.211 Assessment for the Proposed Liberty (CL&P), submit the executed Standard and 385.214) on or before 5 p.m. eastern Gas Storage Project Large Generator Interconnection time on the specified comment date. It Agreement by and among ISO-NE, CL&P is not necessary to separately intervene August 26, 2005. and the University of Connecticut. again in a subdocket related to a The staff of the Federal Energy Filed Date: 08/24/2005. compliance filing if you have previously Regulatory Commission (FERC or Accession Number: 20050825–0234. intervened in the same docket. Protests Commission) has prepared an Comment Date: 5 p.m. eastern time on will be considered by the Commission environmental assessment (EA) on the Wednesday, September 14, 2005. in determining the appropriate action to natural gas pipeline facilities proposed Docket Number: ER05–1385–000. be taken, but will not serve to make by Liberty Gas Storage, L.L.C. (Liberty Applicant: Idaho Power Company. protestants parties to the proceeding. Gas Storage) in the above-referenced Description: Idaho Power Company Anyone filing a motion to intervene or docket. submits revised tariff sheets to be protest must serve a copy of that The EA was prepared to satisfy the incorporated into Attachment J to its document on the Applicant. In reference requirements of the National Open Access Transmission Tariff, FERC to filings initiating a new proceeding, Environmental Policy Act. The staff Electric Tariff First Revised Volume No. interventions or protests submitted on concludes that approval of the proposed 5. or before the comment deadline need Filed Date: 08/23/2005. project, with appropriate mitigating not be served on persons other than the measures, would not constitute a major Accession Number: 20050825–0233. Applicant. Comment Date: 5 p.m. eastern time on Federal action significantly affecting the The Commission encourages quality of the human environment. Tuesday, September 13, 2005. electronic submission of protests and Docket Number: ER05–1386–000. interventions in lieu of paper, using the The EA assesses the potential Applicant: Central Hudson Gas & FERC Online links at http:// environmental effects of the Electric Corporation. www.ferc.gov. To facilitate electronic construction and operation of the Description: Central Hudson Gas & service, persons with Internet access proposed Liberty Gas Storage Project Electric Corporation (Central Hudson) who will eFile a document and/or be including: submits Fifth Revised Sheet Nos. 9, 10, listed as a contact for an intervenor • Two existing brine solution mining 11, & 12 to FERC Rate Schedule No. 202, must create and validate an caverns owned by PPG Industries, Inc. which set forth the terms and changes eRegistration account using the (PPG) (PPG Cavern 15 and PPG Cavern for substation service provided by eRegistration link. Select the eFiling 17) that would be converted to natural Central Hudson to Consolidated Edison link to log on and submit the gas storage caverns capable of storing Company of New York, Inc. under the intervention or protests. 23.4 billion cubic feet (Bcf) of natural Rock Tavern Substation Agreement. Persons unable to file electronically gas; and Filed Date: 08/24/2005. should submit an original and 14 copies • A 1.3-mile-long 20-inch-diameter Accession Number: 20050825–0235. of the intervention or protest to the pipeline with a maximum allowable Comment Date: 5 p.m. eastern time on Federal Energy Regulatory Commission, operating pressure (MAOP) of 3,280 Wednesday, September 14, 2005. 888 First St., NE., Washington, DC pounds per square inch (psig) that Docket Number: ER05–1387–000. 20426. would connect the natural gas storage Applicant: Southern California Edison The filings in the above proceedings cavern wells to the new On-site Company. are accessible in the Commission’s Compressor Station.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52375
• A new compressor station (On-site interest groups, interested individuals, Internet Web site (http://www.ferc.gov) Compressor Station) in Calcasieu Parish, newspapers, and parties to this using the eLibrary link. Click on the Louisiana; proceeding. eLibrary link, click on ‘‘General Search’’ • A new compressor station (Remote Any person wishing to comment on and enter the docket number excluding Compressor Station) in Beauregard the EA may do so. To ensure the last three digits in the Docket Parish, Louisiana; consideration prior to a Commission Number field. Be sure you have selected • A new 23.3-mile-long, 30-inch- decision on the proposal, it is important an appropriate date range. For diameter pipeline from the On-site that we receive your comments before assistance, please contact FERC Online Compressor Station to connect to the date specified below. Please Support at [email protected] multiple interstate pipeline systems carefully follow these instructions to or toll free at 1–866–208–3676, or for including Florida Gas Transmission ensure that your comments are received TTY, contact (202) 502–8659. The (FGT), Tennessee Gas Pipeline (TGP), in time and properly recorded: eLibrary link also provides access to the Texas Eastern Transmission Company • Send an original and two copies of texts of formal documents issued by the (TETCO), Transcontinental Gas Pipe your comments to: Secretary, Federal Commission, such as orders, notices, Line Corporation (Transco) and Energy Regulatory Commission, 888 and rulemakings. Trunkline Gas Company (Trunkline) in First St., NE., Room 1A, Washington, DC In addition, the Commission now Calcasieu and Beauregard Parishes with 20426; offers a free service called eSubscription a MAOP of 1,480 psig; • Label one copy of the comments for which allows you to keep track of all • A new meter/regulator station for the attention of the Gas 2, DG2E. formal issuances and submittals in deliveries to FGT at MP 2.1 on the 30- • Reference Docket No. CP05–92– specific dockets. This can reduce the inch Pipeline in Calcasieu Parish, 000; and amount of time you spend researching Louisiana; • Mail your comments so that they • proceedings by automatically providing A new meter/regulator station for will be received in Washington, DC on you with notification of these filings, deliveries to TGP at MP 7.0 on the 30- or before September 26, 2005. document summaries and direct links to inch Pipeline in Calcasieu Parish, Please note that we are continuing to the documents. Go to http:// Louisiana; experience delays in mail deliveries • www.ferc.gov/esubscribenow.htm. A new meter/regulator station for from the U.S. Postal Service. As a result, deliveries to TETCO and Transco, we will include all comments that we Magalie R. Salas, located on the site of the Remote receive within a reasonable time frame Secretary. Compressor Station at MP 19.7 in in our environmental analysis of this [FR Doc. E5–4812 Filed 9–1–05; 8:45 am] Beauregard Parish, Louisiana; and project. However, the Commission BILLING CODE 6717–01–P • A new meter/regulator station for strongly encourages electronic filing of deliveries to Trunkline, located adjacent any comments or interventions or to the existing Trunkline site at MP 23.3 protests to this proceeding. See 18 CFR DEPARTMENT OF ENERGY in Beauregard Parish, Louisiana. 385.2001(a)(1)(iii) and the instructions The purpose of the Liberty Gas on the Commission’s Web site at http: Federal Energy Regulatory Storage Project is to provide firm and //www.ferc.gov under the ‘‘e-Filing’’ link Commission interruptible storage of natural gas in and the link to the User’s Guide. Before [Docket Nos. CP05–83–000, CP05–84–000, the gulf coast region, including to the you can file comments you will need to CP05–85–000, CP05–86–000] potential liquefied natural gas (LNG) create a free account which can be market. The Liberty Gas Storage Project created by clicking on ‘‘Sign-up.’’ Port Arthur LNG, L.P.; Port Arthur would provide related interruptible hub Comments will be considered by the Pipeline, L.P.; Notice of Availability of services on an open access basis for Commission but will not serve to make the Draft Environmental Impact volumes transported on the interstate the commentor a party to the Statement and Draft General natural gas system in and from the gulf proceeding. Any person seeking to Conformity Determination for the Port coast and south Texas areas. The Liberty become a party to the proceeding must Arthur LNG Project Gas Storage Project would help meet the file a motion to intervene pursuant to August 26, 2005. growing need for high-deliverability Rule 214 of the Commission’s Rules of The staff of the Federal Energy natural gas storage in the southeastern Practice and Procedures (18 CFR Regulatory Commission (FERC or United States and in markets served 385.214).1 Only intervenors have the Commission) has prepared this draft directly and indirectly by the numerous right to seek rehearing of the Environmental Impact Statement (EIS) natural gas pipelines that traverse the Commission’s decision. for the construction and operation of the project area. Consequently, Liberty Gas Affected landowners and parties with liquefied natural gas (LNG) import Storage’s facilities and services would environmental concerns may be granted terminal and natural gas pipeline serve the needs of local gas distribution, intervenor status upon showing good facilities (referred to as the Port Arthur power generation, pipeline shippers, cause by stating that they have a clear LNG Project or Project) as proposed by and gas marketers, as well as existing and direct interest in this proceeding Port Arthur LNG, L.P. and Port Arthur and proposed LNG terminals that may which would not be adequately Pipeline, L.P. (collectively Sempra) in be placed into service in the region. represented by any other parties. You do the above-referenced dockets. The EA has been placed in the public not need intervenor status to have your The draft EIS was prepared to satisfy files of the FERC. A limited number of comments considered. the requirements of the National copies of the EA are available for Additional information about the Environmental Policy Act (NEPA). The distribution and public inspection at: project is available from the staff concludes that approval of the Port Federal Energy Regulatory Commission, Commission’s Office of External Affairs, Arthur LNG Project, with appropriate Public Reference Room, 888 First Street, at 1–866–208–FERC or on the FERC NE., Room 2A, Washington, DC 20426, mitigating measures as recommended, (202) 502–8371. 1 Interventions may also be filed electronically via would have limited adverse Copies of the EA have been mailed to the Internet in lieu of paper. See the previous environmental impact. The draft EIS Federal, State and local agencies, public discussion on filing comments electronically. evaluates alternatives to the proposal,
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52376 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
including system alternatives, • LNG transfer system to transfer LNG //www.ferc.gov under the ‘‘e-Filing’’ link alternative sites for the LNG import from the recondenser to the send-out and the link to the User’s Guide. Before terminal, and pipeline alternatives. The LNG vaporizers. The transfer system you can file comments you will need to draft EIS also contains our draft General would consist of 16 pot-mounted LNG create a free account, which can be Conformity Analysis and Essential Fish booster pumps (two being spares) each created by clicking on ‘‘Login to File’’ Habitat Analysis. sized for 1,964 gpm; and then ‘‘New User Account.’’ The purpose of the Port Arthur LNG • LNG vaporization system consisting In addition to or in lieu of sending Project is to allow access to LNG of 12 shell-and-tube LNG vaporizers written comments, we invite you to supplies and thus provide a new, stable (two being spares) each sized for 0.305 attend the public comment meetings we source of between 1.5 and 3.0 billion Bcf/d. The heat source to the vaporizers have scheduled as follows: cubic feet per day of natural gas to would be heated water; October 4, 2005, 7 p.m. (CST); VFW Post supplement the diminishing supplies • Hot water heating system consisting 9854, 222 Highway 109 S, Vinton, while utilizing, to the extent practicable, of 8 gas-fired hot water heaters each Louisiana, Telephone: (337) 589– the existing natural gas pipeline sized for 348 million British thermal 5832. infrastructure within the Gulf of Mexico units per hour (MMBtu/hr) and 6 October 5, 2005, 7 p.m. (CST); Holiday region of the U.S.; and allow natural gas centrifugal hot water circulation pumps Inn Park Central, 2929 Jimmy Johnson delivery to markets in the Midwestern (two being spares) each sized for 11,727 Blvd., Port Arthur, Texas, Telephone: and Northeastern markets by use of gpm; (409) 724–5000. • existing interstate natural gas pipeline Emergency vent system; LNG spill Interested groups and individuals are systems. Sempra’s proposed facilities containment system; fire water system; encouraged to attend and present oral would be constructed in two phases and fuel gas, nitrogen, instrument/plant air comments on the environmental impact would ultimately provide an average of and service water utility systems; described in the draft EIS. Transcripts of 3.0 billion cubic feet per day of natural various hazard detection, control, and the meeting will be prepared. gas to the existing pipeline prevention systems; and cryogenic After these comments have been infrastructure in Texas and Louisiana, piping, electrical, and instrumentation reviewed, any significant new issues are and to potential other end-users in the systems; investigated, and modifications are • Midwestern and Northeastern natural Utilities, buildings and support made to the draft EIS, a final EIS will gas markets. facilities; facilities for pig launchers and be published and distributed by the receivers; and metering facilities; and staff. The final EIS will contain the The draft EIS addresses the potential • environmental effects of the Approximately 73 miles of 36-inch- staff’s responses to timely comments construction and operation of the diameter natural gas pipeline and received on the draft EIS. following facilities in Jefferson and associated ancillary pipeline facilities. Comments will be considered by the Orange Counties, Texas, and Cameron, Comment Procedures and Public Commission but will not serve to make Calcasieu, and Beauregard Parishes, Meetings the commentor a party to the Louisiana: proceeding. Any person seeking to • Any person wishing to comment on become a party to the proceeding must A protected LNG unloading slip the draft EIS may do so. To ensure with ship maneuvering area (turning file a motion to intervene pursuant to consideration prior to a Commission Rule 214 of the Commission’s Rules of basin); decision on the proposal, it is important • LNG ship unloading system Practice and Procedures (18 CFR that we receive your comments before 385.214). Anyone may intervene in this consisting of two berths each consisting the date specified below. Please of four 16-inch unloading arms and one proceeding based on this draft EIS. You carefully follow these instructions to must file your request to intervene as 16-inch vapor return arm, mooring and ensure that your comments are received breasting dolphins, gangway tower, specified above.1 You do not need in time and properly recorded: intervener status to have your comments firewater monitors, service utilities and • Send an original and two copies of considered. associated valves and piping. LNG your comments to: Magalie R. Salas, transfer from the ship to the on-shore The draft EIS has been placed in the Secretary, Federal Energy Regulatory public files of the FERC and is available storage system would be through two Commission, 888 First Street, NE., 36-inch-diameter unloading lines, one for public inspection at: Federal Energy Room 1A, Washington, DC 20426. Regulatory Commission, Public per berth. Each berth would be sized for • Reference Docket No. CP05–83–000 an unloading rate of 17,500 cubic meters Reference and Files Maintenance et al.; Branch, 888 First Street, NE., Room 2A, per hour (m3/hr); although, only one • Label one copy of the comments for Washington, DC 20426, (202) 502–8371. ship would be unloaded at a time the attention of Gas Branch 2, PJ11.2; during Phase I; A limited number of copies of the and draft EIS are available from the Public • LNG storage system consisting of a • Mail your comments so that they Reference and Files Maintenance total of six full-containment LNG will be received in Washington, DC on Branch identified above. In addition, storage tanks each with a nominal or before October 17, 2005. copies of the draft EIS have been mailed capacity of 160,000 cubic meters (m3) Please note that we are continuing to to Federal, State, and local agencies; (1,006,000 barrels). Each tank would be experience delays in mail deliveries elected officials; public interest groups; equipped with three can-type, fully from the U.S. Postal Service. As a result, individuals and affected landowners submerged LNG in-tank pumps sized for we will include all comments that we who requested a copy of the draft EIS; 2,976 gallons per minute (gpm) each; receive within a reasonable time frame and parties to these proceedings. • in our environmental analysis of this Boil-off gas (BOG) recovery system Additional information about the Project. However, the Commission consisting of 4 reciprocating BOG Project is available from the strongly encourages electronic filing of compressors each sized for 13,887 Commission’s Office of External Affairs, pounds per hour (lb/hr), four integrally any comments or interventions to this geared return gas blowers, each sized for proceeding. See 18 CFR 1 Interventions may also be filed electronically via 32,228 lb/hr, and one direct-contact 385.2001(a)(1)(iii) and the instructions the Internet in lieu of paper. See the previous recondenser; on the Commission’s Web site at http: discussion on filing comments electronically.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52377
at 1–866–208–FERC or on the FERC g. Filed Pursuant to: Public Utility kilowatts (kW); (6) an existing 150 kW Internet Web site (http://www.ferc.gov) Regulatory Policies Act of 1978, 16 turbine; (7) a 100-foot-long buried using the eLibrary link. Click on the U.S.C. §§ 2705, 2708. transmission line; and (8) an existing ‘‘eLibrary’’ link, click on ‘‘General h. Applicant Contact: Linda A. Parker, trashrack. Search’’ and enter the docket number Small Hydro of Texas, Inc., 1298 FM n. A copy of the application is excluding the last three digits in the 766, Cuero, Texas 77954. (361) 275– available for review at the Commission Docket Number field. Be sure you have 9395. in the Public Reference Room or may be selected an appropriate date range. For i. FERC Contact: Monte TerHaar, viewed on the Commission’s Web site at assistance, please contact FERC Online [email protected], (202) 502– http://www.ferc.gov using the Support at: 6035. ‘‘eLibrary’’ link. Enter the docket [email protected] or toll j. Deadline for filing comments, number (P–12588) in the docket number free at 1–866–208–3676, or for TTY at motions to intervene, and protests, and field to access the document. For (202) 502–8659. The eLibrary link on deadline for filing scoping comments: assistance, contact FERC Online the FERC Internet Web site also 60 days from the issuance date of this Support at provides access to the texts of formal notice. [email protected] or toll- documents issued by the Commission, Any comments (original and eight free at 1–866–208–3676, or for TTY, such as orders, notices, and copies) should be addressed to the (202) 502–8659. A copy of the rulemakings. Secretary, Federal Energy Regulatory application is also available for In addition, the Commission now Commission, 888 First Street, NE., inspection and reproduction at the offers a free service called eSubscription Room 1–A, Washington, DC 20426. addresses in item h above. which allows you to keep track of all Please affix ‘‘A.H. Smith Dam Project All filings must (1) bear in all capital formal issuances and submittals in No. 12588–000’’ to all comments. letters the title ‘‘PROTEST’’, ‘‘MOTION specific dockets. This can reduce the Comments may be filed electronically TO INTERVENE’’, ‘‘COMMENTS’’, amount of time you spend researching via Internet in lieu of paper. The ‘‘SCOPING COMMENTS’’; (2) set forth proceedings by automatically providing Commission strongly encourages in the heading the name of the applicant you with notification of these filings, electronic filings. See 18 CFR and the project number of the document summaries, and direct links 385.2001(a)(1)(iii) and the instructions application to which the filing to the documents. Go to the on the Commission’s Web site (http:// responds; (3) furnish the name, address, eSubscription link on the FERC Internet www.ferc.gov) under the ‘‘eFiling’’ link. and telephone number of the person The Commission’s Rules of Practice Web site. submitting the filing; and (4) otherwise require all intervenors filing documents comply with the requirements of 18 CFR Magalie R. Salas, with the Commission to serve a copy of 385.2001 through 385.2005. Agencies Secretary. that document on each person on the may obtain copies of the application [FR Doc. E5–4811 Filed 9–1–05; 8:45 am] official service list for the project. directly from the applicant. Each filing BILLING CODE 6717–01–P Further, if an intervenor files comments must be accompanied by proof of or documents with the Commission service on all persons listed on the relating to the merits of an issue that service list prepared by the Commission DEPARTMENT OF ENERGY may affect the responsibilities of a in this proceeding, in accordance with particular resource agency, they must 18 CFR 4.34(b), and 385.2010. Federal Energy Regulatory also serve a copy of the document on You may also register online at http:// Commission that resource agency. www.ferc.gov/docs-filing/ k. You may also register online at esubscription.asp to be notified via e- [ P–12588–000] http://www.ferc.gov/docs-filing/ mail of new filings and issuances esubscription.asp to be notified via e- related to this or other pending projects. Hydraco Power, Inc.; Notice of mail of new filings and issuances For assistance, contact FERC Online Application Accepted for Filing; related to this or other pending projects. Support. Soliciting Comments, Motions To For assistance, contact FERC Online o. Scoping Process: Intervene and Protests; Paper Scoping Support. The Commission staff intends to and Soliciting Scoping Comments; l. This application has been accepted, prepare a single Environmental Establishing a Deadline for but is not ready for environmental Assessment (EA) for the A. H. Smith Submission of Final Amendments; and analysis at this time. Dam Project in accordance with the Schedule for Processing Application m. Project Description: Hydraco National Environmental Policy Act. The proposes to restore existing facilities EA will consider both site-specific and August 26, 2005. and operate run-of-river, at all times cumulative environmental impacts and Take notice that the following providing flow over the dam. The reasonable alternatives to the proposed hydroelectric application has been filed project would cease generation and pass action. with the Commission and is available all flows over the dam when inflows to Commission staff does not propose to for public inspection. the impoundment are 100cfs or less. conduct any on-site scoping meetings at a. Types of Application: Exemption The proposed project consists of: (1) this time. Instead, we will solicit from License, 5 MW or Less. An existing 10.5-foot-high by 86.5-foot- comments, recommendations, b. Project Nos.: P–12588–000. long concrete dam with a 20-foot-wide information, and alternatives in the c. Date filed: May 3, 2005. concrete apron; (2) an existing 3-foot- Scoping Document (SD). d. Applicant: Hydraco Power, Inc. wide by 4-foot-high wooden stopgate Copies of the SD outlining the subject e. Name of Project: A. H. Smith Dam positioned in the east bank of the dam areas to be addressed in the EA were Project. which regulates flows to the turbines; distributed to the parties on the f. Location: On the San Marcos River (3) a 10.62-acre impoundment; (4) an Commission’s mailing list. Copies of the near the town of Martindale, Caldwell existing 20-foot-wide by 30-foot-long SD may be viewed on the Web at http:// County, Texas. The project does not brick powerhouse; (5) an existing www.ferc.gov using the ‘‘eLibrary’’ link, affect Federal lands. generator with installed capacity of 150 as indicated in item number n.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52378 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
p. Procedural schedule: Recipients f. Location: On the west Fork of the proposed project must submit the will have 30 days to provide the White River, in Hamilton County, competing application itself, or a notice Commission with any written comments Indiana. The dam is own by PSI Energy. of intent to file such an application, to on the EA. All comments filed with the g. Filed Pursuant to: Federal Power the Commission on or before the Commission will be considered in the Act, 16 U.S.C. 791(a)–825(r). specified comment date for the Order taking final action on the h. Applicant Contact: Mr. Robert L. particular application (see 18 CFR 4.36). application. However, should Aram, Holliday Hydro, LLC, 8802E Submission of a timely notice of intent substantive comments requiring re- 141st Street, Noblesville, IN 46060, allows an interested person to file the analysis be received on the EA (317) 773–0128. competing preliminary permit document, we would consider preparing i. FERC Contact: Robert Bell, (202) application no later than 30 days after a subsequent EA document. The 502–6062. the specified comment date for the application will be processed according j. Deadline for filing comments, particular application. A competing to the following schedule. Revisions to protests, and motions to intervene: 60 preliminary permit application must the schedule will be made as days from the issuance date of this conform with 18 CFR 4.30(b) and 4.36. appropriate. notice. o. Competing Development The Commission’s Rules of Practice Application—Any qualified Milestone Target date and Procedure require all intervenors development applicant desiring to file a filing documents with the Commission competing development application Notice Accepting Appli- August 2005. to serve a copy of that document on must submit to the Commission, on or cation, and Motion to each person in the official service list before a specified comment date for the Intervene. for the project. Further, if an intervenor particular application, either a Notice of Paper Scoping August 2005. files comments or documents with the competing development application or a Interventions and/or October 2005. Commission relating to the merits of an notice of intent to file such an Scoping comments issue that may affect the responsibilities due. application. Submission of a timely Notice Ready for Envi- October 2005. of a particular resource agency, they notice of intent to file a development ronmental Analysis/So- must also serve a copy of the document application allows an interested person liciting Final Com- on that resource agency. to file the competing application no ments, Recommenda- k. Description of Project: The later than 120 days after the specified tions, Terms and Con- proposed project would consist of; (1) comment date for the particular ditions. An existing 10-foot-high, 350-foot-long application. A competing license Deadline for Agency November 2005. concrete gravity dam, (2) an existing application must conform with 18 CFR Recommendations. impoundment having a surface area of 4.30(b) and 4.36. Notice of the availability December 2005. 28 acres, with negligible storage and p. Notice of Intent—A notice of intent of the EA. normal water surface elevation of 764 Public Comments on EA January 2006. must specify the exact name, business due. feet mean seas level, (3) an existing address, and telephone number of the Ready for Commission February 2006. powerhouse containing two generating prospective applicant, and must include decision on the appli- units having a total installed capacity of an unequivocal statement of intent to cation. 350 kilowatts, (4) a proposed 1000-foot- submit, if such an application may be long transmission line, and (5) filed, either a preliminary permit q. Final amendments to the appurtenant facilities. The project application or a development application must be filed with the would have an annual generation of 1.5 application (specify which type of Commission no later than 60 days from gigawatt-hours that would be sold to a application). A notice of intent must be the issuance date of this notice. local utility. served on the applicant(s) named in this l. Locations of Applications: A copy of public notice. Magalie R. Salas, the application is available for q. Proposed Scope of Studies Under Secretary. inspection and reproduction at the Permit—A preliminary permit, if issued, [FR Doc. E5–4816 Filed 9–1–05; 8:45 am] Commission in the Public Reference does not authorize construction. The BILLING CODE 6717–01–P Room, located at 888 First Street NE., term of the proposed preliminary permit Room 2A, Washington DC 20426, or by would be 36 months. The work calling (202) 502–8371. This filing may proposed under the preliminary permit DEPARTMENT OF ENERGY also be viewed on the Commission’s would include economic analysis, Web site at http://www.ferc.gov using preparation of preliminary engineering Federal Energy Regulatory the ‘‘eLibrary’’ link. Enter the docket plans, and a study of environmental Commission number excluding the last three digits in impacts. Based on the results of these Notice of Application Accepted For the docket number field to access the studies, the Applicant would decide Filing and Soliciting Motions To document. For assistance, call toll-free whether to proceed with the preparation Intervene, Protests, and Comments 1–866–208–3676 or e-mail of a development application to [email protected]. For TTY, construct and operate the project. August 26, 2005. call (202) 502–8659. A copy is also r. Comments, Protests, or Motions to Take notice that the following available for inspection and Intervene—Anyone may submit hydroelectric application has been filed reproduction at the address in item h. comments, a protest, or a motion to with the Commission and is available above. intervene in accordance with the for public inspection: m. Individuals desiring to be included requirements of Rules of Practice and a. Type of Application: Preliminary on the Commission’s mailing list should Procedure, 18 CFR 385.210, .211, .214. Permit. so indicate by writing to the Secretary In determining the appropriate action to b. Project No.: 12590–000. of the Commission. take, the Commission will consider all c. Date filed: May 9, 2005. n. Competing Preliminary Permit— protests or other comments filed, but d. Applicant: Historic Hydro, LLC. Anyone desiring to file a competing only those who file a motion to e. Name of Project: Holliday Project. application for preliminary permit for a intervene in accordance with the
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52379
Commission’s Rules may become a Commission and are available for public proceeding in which to intervene when party to the proceeding. Any comments, inspection. they were filed, once an application has protests, or motions to intervene must a. Type of Application: New Major been filed, the Commission does accept be received on or before the specified License. motions to intervene filed before public comment date for the particular b. Project No.: P–2216–066. notice of the application being accepted application. c. Date Filed: August 18, 2005 for is issued (see 75 FERC ¶ 61,318). Comments, protests and interventions application; August 19, 2005 for offer of m. Description of Project: The existing may be filed electronically via the settlement. project has a conventional development Internet in lieu of paper; See 18 CFR d. Applicant: New York Power and a pumped storage development for 385.2001(a)(1)(iii) and the instructions Authority. a total current installed capacity of on the Commission’s web site under ‘‘e- e. Name of Project: Niagara Power 2,538 megawatts consisting of: (a) Two filing’’ link. The Commission strongly Project, which consists of the Lewiston 700-foot-long intake structures located encourages electronic filing. Pump Generating Plant and the Robert on the upper Niagara River about 2.6 s. Filing and Service of Responsive Moses Niagara Power Plant. miles upstream from the American Documents—Any filings must bear in f. Location: The Niagara Power Project Falls; (b) two 4.3-mile-long, 46-foot- all capital letters the title is located on the Niagara River in the wide by 66.5-foot-high concrete ‘‘COMMENTS’’, City of Niagara Falls and the Towns of underground water supply conduits; (c) ‘‘RECOMMENDATIONS FOR TERMS Niagara and Lewiston, in Niagara a forebay; (d) the 974-foot-long by 240- AND CONDITIONS’’, ‘‘PROTEST’’, OR County, New York. foot-wide by 160-feet-high Lewiston ‘‘MOTION TO INTERVENE’’, as g. Filed Pursuant to: Federal Power Pump-Generating Plant; (e) the 1,900- applicable, and the Project Number of Act 16 U.S.C. 791(a)–825(r). acre Lewiston Reservoir at a maximum h. Applicant Contact: Frederick E. the particular application to which the water surface elevation of 658 feet Chase, Executive Director of filing refers. Any of the above-named United States Lake Survey Datum; (f) Hydropower Relicensing, Power documents must be filed by providing the Robert Moses Niagara power plant, Authority of the State of New York, 30 the original and the number of copies including an 1,100-foot-long by 190- South Pearl Street, Albany, NY 12207– provided by the Commission’s foot-wide by 100-foot-high intake 3425, (518) 433–6738 or regulations to: The Secretary, Federal structure; (g) a switch yard; and (h) [email protected]. Energy Regulatory Commission, 888 appurtenant facilities. i. FERC Contact: Steve Kartalia, (202) First Street, NE., Washington, DC 20426. n. A copy of the application is 502–6131 or [email protected]. A copy of any motion to intervene must j. Cooperating agencies: We are asking available for review at the Commission also be served upon each representative Federal, state, local, and tribal agencies in the Public Reference Room or may be of the Applicant specified in the with jurisdiction and/or special viewed on the Commission’s Web site at particular application. expertise with respect to environmental http://www.ferc.gov using the t. Agency Comments—Federal, state, issues to cooperate with us in the ‘‘eLibrary’’ link. Enter the docket and local agencies are invited to file preparation of the environmental number excluding the last three digits in comments on the described application. document. Agencies who would like to the docket number field to access the A copy of the application may be request cooperating status should follow document. For assistance, contact FERC obtained by agencies directly from the the instructions for filing such requests Online Support at Applicant. If an agency does not file described in item k below. Cooperating [email protected] or toll- comments within the time specified for agencies should note the Commission’s free at 1–866–208–3676, or for TTY, filing comments, it will be presumed to policy that agencies that cooperate in (202) 502–8659. A copy is also available have no comments. One copy of an the preparation of the environmental for inspection and reproduction at the agency’s comments must also be sent to document cannot also intervene. See, 94 address in item h above. the Applicant’s representatives. FERC ¶ 61,076 (2001). You may also register online at http:// Magalie R. Salas, k. Deadline to request cooperating www.ferc.gov/docs-filing/ esubscription.asp to be notified via e- Secretary. agency status: September 19, 2005. All documents (original and eight mail of new filings and issuances [FR Doc. E5–4817 Filed 9–1–05; 8:45 am] related to this or other pending projects. BILLING CODE 6717–01–P copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy For assistance, contact FERC Online Regulatory Commission, 888 First Support. o. Procedural schedule and final DEPARTMENT OF ENERGY Street, NE., Washington, DC 20426. Requests for cooperating agency status amendments: At this time we anticipate Federal Energy Regulatory may be filed electronically via the preparing a draft environmental impact Commission Internet in lieu of paper. The statement (DEIS). Recipients will have Commission strongly encourages 45 days to provide the Commission with [Project No. 2216–066] electronic filings. See 18 CFR any written comments on the DEIS. All comments filed with the Commission New York Power Authority; Notice of 385.2001(a)(1)(iii) and the instructions will be considered in the final Application Tendered for Filing With on the Commission’s Web site (http:// environmental impact statement (FEIS). the Commission, Notice of Offer of www.ferc.gov) under the ‘‘e-Filing’’ link. The application will be processed Settlement, and Establishing l. This application has not been according to the following schedule. Procedural Schedule for Relicensing accepted for filing. We are not soliciting Revisions to the schedule will be made and a Deadline for Submission of Final motions to intervene, protests, or final as appropriate. Amendments terms and conditions at this time. However, a number of entities filed Notice of Acceptance of Application: August 26, 2005. motion to intervene prior to the October 2005. Take notice that the following application being filed in this case. Notice of Application Ready for hydroelectric application and offer of Although these motions must be Environmental Analysis: December settlement have been filed with the rejected because there was no 2005.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52380 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Notice of the Availability of the DEIS: of $9,016,929, (a 7.3 percent increase), Period Ends: 10/17/2005, Contact: May 2006. including the increase in the purchased Linda A. DeVine 757–764–9434. Notice of the Availability of the FEIS: power adder, beginning January 1, 2006, EIS No. 20050355, Draft EIS, COE, LA, November 2006. are needed to satisfy repayment criteria. Port of Iberia Project, To Determine Ready for Commission’s decision on the Page 48122, under SUPPLEMENTARY the Feasibility of Deepening the application: February 2007. INFORMATION, correct the second Existing Navigation Channels between Final amendments to the application sentence of the fourth paragraph to read: the POI and the Gulf of Mexico, must be filed with the Commission no The proposed new rates would Portions of the Gulf Intracoastal later than 30 days from the issuance increase estimated annual revenues Waterway (GIWW) and Freshwater date of the notice of ready for from $124,325,100 to $133,342,029 and Bayou (FWB), LA, Comment Period environmental analysis. would satisfy the present financial Ends: 10/17/2005, Contact: Michael criteria for repayment of the project and Salyer 504–862–2037. Magalie R. Salas, transmission * * *. EIS No. 20050356, Draft EIS, FRC, TX, Secretary. Port Arthur Liquefield Natural Gas [FR Doc. E5–4818 Filed 9–1–05; 8:45 am] Dated: August 29, 2005. (LNG) Project, Construction and Jon Worthington, BILLING CODE 6717–01–P Operation, U.S. Army COE Section 10 Assistant Administrator. and 404 Permits, (FERC/EIS–0182D), [FR Doc. 05–17501 Filed 9–1–05; 8:45 am] Jefferson and Orange Counties TX and DEPARTMENT OF ENERGY BILLING CODE 6450–01–P Cameron, Calcasieu and Beauregard Parishes, LA, Comment Period Ends: Southwestern Power Administration 10/17/2005, Contact: Thomas Russo 1–866–208–FERC. Integrated System Power Rates: ENVIRONMENTAL PROTECTION Correction AGENCY Amended Notices AGENCY: Southwestern Power [ER–FRL–6666–9] EIS No. 20050342, Draft EIS, NOA, Administration, DOE. 00, Consolidated Atlantic Highly Environmental Impacts Statements; Migratory Species Fishery Management ACTION: Correction to notice of proposed Notice of Availability rate increase. Plan for Atlantic Tunas, Swordfish, and Shark and the Atlantic Billfish Fishery Responsible Agency: Office of Federal SUMMARY: Southwestern Area Power Management Plan, Implementation, Activities, General Information (202) Administration published a document Atlantic Coast, Caribbean and Gulf of 564–7167 or http://www.epa.gov/ in the Federal Register (70 FR 48121) on Mexico, Comment Period Ends: 10/18/ compliance/nepa/. August 16, 2005, announcing the public 2005, Contact: Karyl Brewster Geisz review and comment period on Weekly receipt of Environmental Impact 301–713–2347 Revision of Notice proposed rates. This rate proposal will Statements Filed 08/22/2005 Through Published in FR: 08/19/2005. Correction increase annual system revenues 08/26/2005. Pursuant to 40 CFR to Comment Period from 10/03/2005 to approximately 7.3 percent from 1506.9. 10/18/2005. $124,325,100 to $133,342,029. EIS No. 20050351, Draft EIS, SFW, CA, Dated: August 30, 2005. East Contra Costa County Habitat Inadvertently, the amount of the Robert W. Hargrove, proposed increase for the purchased Conservation Plan and Natural Community Conservation Plan, Director, NEPA Compliance Division, Office power adder rate component ($227,100 of Federal Activities. Implementation, Incidental Take or 0.2 percent) was not included in the [FR Doc. 05–17541 Filed 9–1–05; 8:45 am] initial notice. Permit, Cities of Brentwood, Clayton, Oakley and Pittsburg, Contra Costa BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: Mr. County, CA, Comment Period Ends: Forrest E. Reeves, Assistant 10/17/2005, Contact: Sheila Larsen Administrator, Office of Corporate ENVIRONMENTAL PROTECTION 916–444–6600. Operations, Southwestern Power AGENCY EIS No. 20050352, Final Supplement, Administration, U.S. Department of NPS, WA, Elwha River Ecosystem [ER–FRL–6667–1] Energy, One West Third Street, Tulsa, Restoration Implementation Project, Oklahoma 74103, (918) 595–6696, Update Information, Olympic Environmental Impact Statements and [email protected]. Peninsula, Challam County, WA, Wait Regulations; Availability of EPA Corrections Period Ends: 10/03/2005, Contact: Comments In the Federal Register on August 16, Brian Winter 360–565–1320. Availability of EPA comments 2005, in FR Doc. 05–16190: EIS No. 20050353, Draft EIS, FHW, NY, prepared pursuant to the Environmental Page 48121, under SUMMARY, correct Willis Avenue Bridge Reconstruction, Review Process (EDP), under section the last sentence to read: Proposing Reconstruction of 100-year 309 of the Clean Air Act and Section Beginning January 1, 2006, and old Willis Avenue Bridge over the 102(2)(c) of the National Environmental thereafter, the proposed rates would Harem River between Manhattan and Policy Act as amended. Requests for increase annual system revenues the Bronx, New York and Bronx copies of EPA comments can be directed approximately 7.3 percent from Counties, NY, Comment Period Ends: to the Office of Federal Activities at $124,325,100 to $133,342,029, which 10/28/2005, Contact: Robert Arnold 202–564–7167. An explanation of the includes an increase in the purchased 518–431–4125. ratings assigned to draft environmental power adder. EIS No. 20050354, Draft EIS, UAF, 00, impact statements (EISs) was published Page 48122, under SUPPLEMENTARY Shaw Air Base Airspace Training in FR dated April 1, 2005 (70 FR 16815). INFORMATION, correct the last sentence of Initiative (ATI), 20th Fighter Wing the third paragraph to read: Proposal to Modify the Training Draft EISs The Revised Power Repayment Study Airspace Overlying Parts, South EIS No. 20050168, ERP No. D–BLM– shows that additional annual revenues Carolina and Georgia, Comment L65484–AK, East Alaska Draft Resource
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52381
Management Plan (RMP), Provide a Management Projects, Information of the proposed Section 122 Administrative Single Comprehensive Land Use Plan, Planning the Analysis of the Watershed, Agreement and Order on Consent if Implementation, Glennallen Field Office Three Rivers Ranger District, Colville comments received disclose facts or District, AK. National Forest, Ferry County, WA considerations that indicate that the Summary: EPA expressed Summary: No formal comment letter proposed settlement is inappropriate, environmental concerns about the was sent to the preparing agency. improper, or inadequate. The proposed potential impacts to wetlands, steams, Dated: August 30, 2005. settlement can be viewed at aquatic wildlife and habitat from Robert W. Hargrove, www.epa.gov/region4/waste/ impacts not avoided or mitigated from annistonall.htm and copies are available proposed stipulations and required Director, NEPA Compliance Division, Office of Federal Activities. from: Ms. Paula V. Batchelor, U.S. operating procedures. In addition, there Environmental Protection Agency; [FR Doc. 05–17542 Filed 9–1–05; 8:45 am] is potential for adverse impacts to Region 4, Sam Nunn Atlanta Federal subsistence users and resources if land BILLING CODE 6560–50–P Center, 61 Forsyth Street, Atlanta, along the TAPS corridor is conveyed Georgia 30303, (404) 562–8887, from federal management, The final EIS ENVIRONMENTAL PROTECTION [email protected]. should include an environmentally AGENCY Written comments may be submitted protective strategy for managing off-road to Mr. Michael Sparks at the above vehicles, with particular attention to [FRL–7964–6] address within 30 days of the date of sensitive wetlands and streams. Rating publication. Anniston Lead and Anniston PCB EC2. Dated: August 18, 2005. EIS No. 20050203, ERP No. D–NPS– Superfund Sites; Notice of Proposed Debbie H. Jourdan, L65486–WA, Mountain Lake Fisheries Settlement Management Plan for the North Acting Superfund Enforcement and AGENCY: Environmental Protection Information Management Branch, Waste Cascades National Service Complex, Agency (EPA). Management Division. Implementation, North Cascades National Park, Whatcom, Skagit and ACTION: Notice of proposed settlement; Chelan Counties, WA. request for public comment. [FR Doc. 05–17532 Filed 9–1–05; 8:45 am] Summary: EPA supports the goals of BILLING CODE 6560–50–M SUMMARY: Pursuant to section 122(i) of the project, but expressed the Comprehensive Environmental environmental concerns about the long- Response, Compensation, and Liability term impacts on plankton, DEPARTMENT OF HEALTH AND Act, as amended (‘‘CERCLA’’), 42 U.S.C. HUMAN SERVICES macroinvertebrates and amphibians. 9622(i), notice is hereby given of a Rating EC1. proposed Section 122 Administrative EIS No. 20050260, ERP No. D–AFS– Announcement of Availability of Funds Agreement and Order on Consent for L65490–AK, Scott Peak Project Area, removal activities the Anniston Lead AGENCY: Department of Health and Harvesting Timber and Development of and Anniston PCB Superfund Sites, Human Services, Office of the Secretary, Road Management, Tongrass National which includes a de minimis settlement Office of Public Health and Science, Forest, Petersburg Ranger District, under section 122(g)(4) of CERCLA for Office of Global Health Affairs. Northeast of Kupreanof Island, AK. the Anniston PCB Superfund Site. The Funding Opportunity Title: Summary: EPA expressed Announcement of Availability of Funds environmental concerns about impacts proposed Section 122 Administrative Agreement and Order on Consent also for Cooperative Agreement to Provide to water quality from landslides and Medical Equipment, Pharmaceuticals, potential impacts from cumulative includes an agreement for recovery of past response costs for the Anniston and Technology-Related Training to impacts of future sales in the area. Physicians and Other Staff of the Indira Rating EC1. Lead Superfund Site, and for the recovery of future response costs for the Ghandi Children’s Hospital. Final EISs Anniston Lead and Anniston PCB Announcement Type: Cooperative EIS No. 20050276, ERP No. F–FRC– Superfund Sites. The following parties Agreement—FY 2005 Initial J03001–CO, Entrega Pipeline Project, have returned signature pages accepting Announcement. Construction and Operation New EPA’s offer of the proposed Section 122 Funding Opportunity Number: OGHA Interstate Natural Gas Pipeline System, Administrative Agreement and Order on 05–019. OMB Catalog of Federal Domestic Right-of-Way Grant Issue by BLM, Consent: DH Industries, L.L.C.; FMC Assistance: TBD, In Process. Meeker Hub and Cheyenne Hub, Rio Corporation, for itself and as the Authority: Division F of the Blanco and Weld Counties, CO, and successor to Kilby Steel Company, Inc., Consolidated Appropriations Act, 2005, Sweetwater County, WY. and for FMC Technologies, Inc.; Huron Summary: No formal comment letter Valley Steel Corporation; McWane, Inc. Public Law 108–447 (2004). was sent to the preparing agency. for itself and as the successor by merger SUMMARY: The Office of Global Health EIS No. 20050323, ERP No. F–NOA– with Ransom Industries, L.P.; Affairs (OGHA) announces that up to K39091–CA, Monterey Accelerated MeadWestvaco Corporation; MRC $200,000 in fiscal year (FY) 2005 funds Research Systems (MARS) Cabled Holdings, Inc.; MW Custom Papers, is available for a cooperative agreement Observatory, Proposes to Install and L.L.C.; Phelps Dodge Industries, Inc.; to provide support for a quality of care Operate an Advanced Undersea Cabled United Defense, L.P.; United States Pipe improvement project based in a partner Observatory, Monterey Bay, Pacific and Foundry Company, Inc.; and Walter healthcare institution in Afghanistan. Ocean Offshore of Moss Landing, Industries, Inc. EPA will consider This effort is an undertaking by the Monterey County, CA. public comments on the proposed Department of Health and Human Summary: No formal comment letter Section 122 Administrative Agreement Services (HHS). The primary goal of this was sent to the preparing agency. and Order on Consent until October 3, project is to improve the quality of care EIS No. 20050309, ERP No. FS–AFS– 2005. EPA may withhold consent from, at health institutions in Afghanistan L65345–WA, Deadman Creek Ecosystem or seek to modify, all or part of the through the acceptance and delivery of
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52382 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
donated medical equipment, A complete list of items required by dependent on the receipt of a sufficient pharmaceuticals, and technology-related Indira Gandhi Children’s Hospital is number and diversity of applications of training for physicians, nurses, included in the application kit. high merit. midwives, and other health care The anticipated start date is Purposes of the Agreement workers at Indira Gandhi Children’s September 30, 2005. There will only be Hospital in Kabul, Afghanistan. OGHA The project’s main objectives include: one single award made from this anticipates substantial HHS scientific (1) To accept and deliver donated announcement. The program and budget and programmatic involvement in the supplies, equipment, parts and period for this agreement is for 12 administration of the quality accessories for the clinical care of months. improvement program. The project will patients at Indira Gandhi Children’s Although this program is provided for be approved for up to a one-year period Hospital; (2) To provide and install the in the financial plans of the OGHA, the for a total of $200,000 (including donated technology appropriate for the award pursuant to this RFA is indirect costs). Funding for the monitoring and diagnosis of medical contingent upon the availability of cooperative agreement is contingent and surgical conditions; (3) To accept, funds for this purpose. upon the availability of funds. deliver and install life-support technology; (4) To develop detailed III. Eligibility Information DATES: Application Availability: training programs in Dari, one of the 1. Eligible Applicants September 2, 2005. primary languages of Afghanistan, on Applications may be submitted by Optional Letter of Intent due by 5 pm the use and application of the donated non-profit entities with offices in the ET: September 9, 2005. biomedical technology for physicians, Application due by 5 pm ET: nurses, respiratory therapists and other United States and partner country or September 19, 2005. allied health professionals; (5) To incorporated and headquartered in the United States with offices in the United Award date: September 30, 2005. ensure that the training method or module includes essential content States. Additionally, organizations or ADDRESSES: Application kits may be regarding the proper procedures for consortiums of organizations, including requested from, and applications adherence to infection control faith-based and community based submitted to: Ms. Karen Campbell, principles; (6) To provide supporting organizations, that have collective Director, Office of Grants Management, manuals for the proper use, care, and experience with accepting donated Office of Public Health and Science repair of biomedical equipment which medical technology, upgrading drug (OPHS), Department of Health and is in the primary language, at the grade- formularies, training health care Human Services, 1101 Wootton school reading level, and with providers, local and international Parkway, Suite 550, Rockville, MD illustrations; (7) To ensure that all transportation, and other logistics are 20852. training is closely coordinated with the encouraged to apply for a grant under I. Funding Opportunity Description delivery of the goods and materials; (8) this announcement. To provide for the proper shipping, 2. Cost Sharing or Matching Under the authority of Section storage, testing, evaluation and trouble- Cost sharing, matching funds, and 103(a)(1); Section 103(a)(7) of public shooting of shipped high technology; (9) cost participation is not a requirement law 107–327; Public Health Service Act, To provide pharmaceuticals as of this agreement. Section 307, the Office of Global Health requested and listed in the Afghanistan affairs (OGHA) announces the intent to Ministry of Public Health Formulary 3. Other—(If Applicable) allocate fiscal year (FY) 2005 funds for and approved by the Food and Drug N/A. a cooperative agreement for activities Administration (FDA); and, (10) ensure that will provide essential biomedical no sophisticated equipment will be sent IV. Application and Submission technology, pharmaceuticals, and overseas unless the target institution has Information technology-related training to the capacity (people, electrical supply physicians, midwives, nurses, and 1. Address To Request Application and ministry support) to use and Package ancillary staff. These technologies continue to maintain it. include but are not limited to This Cooperative Agreement project monitoring, diagnostic and critical care II. Award Information uses the Application Form OPHS–1, equipment, and life saving technology The administrative and funding Revised 8/2004, which is enclosed in to a partner health care institution. instrument to be used for this program the application packet. This generic This assistance is geared to support will be the cooperative agreement in form is used by many different programs the provision of state of the art quality which substantial OGHA/HHS scientific funded through the Public Health care to patients of Indira Gandhi and/or programmatic involvement is Service (PHS). Some parts of it are not Children’s Hospital in Kabul, anticipated during the performance of required; other sections need to be filled Afghanistan. Awardee is expected to the project. Under the cooperative out in a fashion specific to the program. arrange for the acceptance of donated agreement, OGHA/HHS will support Instructions for filling out OPHS–1, medical equipment and supplies for use and/or stimulate awardee activities by Revised 8/2004 will be included in the at this hospital. Funding is provided by working with them in a non-directive application packet. These forms may OGHA in order to prepare donated partnership role. Awardee will also be also be obtained from the following sites medical equipment and supplies and expected to work directly with and in by: Downloading from https:// prepare these materials for shipment support of HHS’ Centers for Disease egrants.osophs.dhhs.gov and clicking on and delivery in Afghanistan. The overall Control and Prevention (CDC), the Grant Announcements or http:// goal of OGHA is to reduce the maternal Health Resources Services www.grants.gov/ or by writing to Ms. and infant mortality rates in Administration (HRSA), and the Indian Karen Campbell, Director, Office of Afghanistan by upgrading the level of Health Service (IHS). Grants Management, Tower Building, medical equipment and services Approximately $200,000 in FY 2005 1101 Wootton Parkway, Suite 550, provided by select healthcare funds is available to support the Rockville, MD 20852; or contact the institutions. agreement. This level of support is Office of Grants Management, OPHS,
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52383
HHS, at (240) 453–8822. Please specify be deemed non-compliant. All non- registering with the CCR can be found the OGHA program(s) for which you are compliant applications will be returned at http://www.hrsa.gov/grants/ccr.htm. requesting an application kit. to the applicant without further Finally, applicants applying consideration. electronically through Grants.gov are 2. Content and Form of Application a. Number of Copies. Please submit required to register with the Credential Submission one (1) original and two (2) unbound Provider for Grants.gov. Information Application Materials copies of the application. Please do not about this requirement is available at http://www.grants.gov/ A separate budget page is required for bind or staple the application. Application must be single sided. CredentialProvider. the budget year requested. A line item Applicants applying electronically budget (SF 424A) with coinciding b. Font. Please use an easily readable serif typeface, such as Times Roman, through the OPHS E-Grants System are justification to support each of the required to register with the provider. budget years must be submitted with the Courier, or CG Times. The text and table portions of the application must be Information about this requirement is proposal. These forms will represent the available at. https:// full project period of Federal assistance submitted in not less than 12 point and 1.0 line spacing. Applications not egrants.osophs.dhhs.gov. requested. Proposals submitted without ii. Table of Contents. Provide a Table a budget and justification for each adhering to 12 point font requirements may be returned. of Contents for the remainder of the budget year requested in the application application (including appendices), c. Paper Size and Margins. For may not be favorably considered for with page numbers. funding. Specific instructions for scanning purposes, please submit the iii. Application Checklist. Application 1 ″ ″ submitting a detailed budget for this application on 8 ⁄2 x 11 white paper. Form OPHS–1, provided with the application will be included in the Margins must be at least one (1) inch at application package. application packet. If additional the top, bottom, left and right of the iv. Budget. Application Form OPHS– information and/or clarification are paper. Please left-align text. 1, provided with the application required, please contact the OPHS d. Numbering. Please number the package. Office of Grants Management identified pages of the application sequentially v. Budget Justification. The amount of in Section VII of this announcement. from page 1 (face page) to the end of the financial support (direct and indirect All applications must be accompanied application, including charts, figures, costs) that an applicant is requesting by a Project Abstract submitted on 3.5 tables, and appendices. from the Federal granting agency for the inch floppy disk. The abstract must be e. Names. Please include the name of first year is to be entered on the Face typed, single-spaced, and not exceed 2 the applicant on each page. Sheet of Application Form PHS 5161–1, pages. Reviewers and staff will refer f. Section Headings. Please put all Line 15a. Each application should frequently to the information contained section headings flush left in bold type. include funds for electronic mail in the abstract, and therefore it should Application Format capability unless access by Internet is contain substantive information about already available. The amount of the proposed projects in summary form. Applications for funding must consist financial support (direct and indirect A list of suggested keywords and a of the following documents in the costs) entered on the SF 424 is the format sheet for your use in preparing following order: amount an applicant is requesting from the abstract will be included in the i. Application Face Page. Public the Federal granting agency for the application packet. Health Service (PHS) Application Form project year. Please note that if indirect All grant applications must be OPHS–1, provided with the application costs are requested, the applicant must accompanied by a Project Narrative. In package. Prepare this page according to submit a copy of the latest negotiated addition to the instructions provided in instructions provided in the form itself. rate agreement. The indirect costs rate OPHS–1 (Rev 8/2004) for project DUNS Number refers to the Other Sponsored Program/ narrative, the specific guidelines for the Activities rate and to neither the project narrative are provided in the All applicant organizations are research rate, nor the education/training program guidelines. Format required to have a Data Universal program rate. Those applicants without requirements are the same as for the Numbering System (DUNS) number in an established indirect cost rate for Project Abstract Section; margins should order to apply for a grant from the sponsored programs will be held at 26% be 1 inch at the top and 1 inch at the Federal Government. The DUNS of total direct costs except, in cases bottom and both sides; and typeset must number is a unique nine-character where there is no established rate, be no smaller than 12 cpi and not identification number provided by the applicants may only request of 10% of reduced. Biographical sketches should commercial company, Dun and salaries and wages. However, if an be either typed on the appropriate form Bradstreet. There is no charge to obtain applicant’s established rate for other or plain paper and should not exceed a DUNS number. Information about sponsored programs exceeds 26%, but two pages, with publications listed obtaining a DUNS number can be found would be advantageous to the being limited only to those that are at https://www.dnb.com/product/ government, the OGHA/HHS may honor directly relevant to this project. eupdate/requestOptions.html or call 1– that indirect rate cost. 866–705–5711. Please include the Personnel Costs: Personnel costs Application Format Requirements DUNS number next to the OMB should be explained by listing each staff If applying on paper, the entire Approval Number on the application member who will be supported from application may not exceed 80 pages in face page. Applications will not be funds, name (if possible), position title, length, including the abstract, project reviewed without a DUNS number. percent full time equivalency, annual and budget narratives, face page, Additionally, the applicant salary, and the exact amount requested. attachments, any appendices and letters organization will be required to register Indirect Costs: Indirect costs are those of commitment and support. Pages must with the Federal Government’s Central costs incurred for common or joint be numbered consecutively. Contractor Registry (CCR) in order to do objectives which cannot be readily Applications submitted electronically electronic business with the Federal identified but are necessary to the that exceed 80 pages when printed will Government. Information about operations of the organization, e.g., the
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52384 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
cost of operating and maintaining education and experience qualifications scope of current activities, and an facilities, depreciation, and and rationale for the amount of time organizational chart, and describe how administrative salaries. For institutions being requested for each staff position. these all contribute to the ability of the subject to OMB Circular A–21, the term Position descriptions that include the organization to conduct the program ‘‘facilities and administration’’ is used roles, responsibilities, and qualifications requirements and meet program to denote indirect costs. If the applicant of proposed project staff must be expectations. does not have an indirect cost rate, you included in Appendix XX. Copies of iii. Appendices. Please provide the may obtain one by visiting the Division biographical sketches for any key following items to complete the content of Cost Allocation Web site: http:// employed personnel that will be of the application. Please note that these rates.psc.gov. assigned to work on the proposed are supplementary in nature, and are Fringe Benefits: List the components project must be included in Appendix not intended to be a continuation of the that comprise the fringe benefit rate, for XX. project narrative. Be sure each appendix example health insurance, taxes, vii. Project Abstract. Provide a is clearly labeled. unemployment insurance, life summary of the application. Because the (1) Appendix A: Tables, Charts, etc. insurance, retirement plan, tuition abstract is often distributed to provide To give further details about the reimbursement. The fringe benefits information to the public and Congress, proposal. should be directly proportional to that please prepare this so that it is clear, (2) Appendix B: Job Descriptions for portion of personnel costs that are accurate, concise, and without reference Key Personnel. allocated for the project. to other parts of the application. It must Keep each to one page in length as Travel: List travel costs according to include a brief description of the much as is possible. Item 6 in the local and long distance travel. For local proposed grant project including the Program Narrative section of the PHS travel, the mileage rate, number of needs to be addressed, the proposed 5161–1 Form provides some guidance miles, reason for travel and staff services, and the population group(s) to on items to include in a job description. member/consumers completing the be served. (3) Appendix C: Biographical travel should be outlined. The budget Please place the following at the top Sketches of Key Personnel. should also reflect the travel expenses of the abstract: Include biographical sketches for • associated with participating in Project Title persons occupying the key positions meetings and other proposed trainings • Applicant Name • described in Appendix B, not to exceed or workshops. Address two pages in length. In the event that a • Contact Phone Numbers (Voice, Equipment: List equipment costs and biographical sketch is included for an Fax) provide justification for the need of the identified individual who is not yet equipment to carry out the program’s • E-Mail Address • hired, please include a letter of goals. Extensive justification and a Web Site Address, if applicable The project abstract must be single- commitment from that person with the detailed status of current equipment biographical sketch. must be provided when requesting spaced and limited to two pages in length. (4) Appendix D: Letters of Agreement funds for the purchase of computers and and/or Description(s) of Proposed/ furniture items. vii. Program Narrative. This section provides a comprehensive framework Existing Contracts (project specific). Supplies: List the items that the Provide any documents that describe project will use. In this category, and description of all aspects of the proposed program. It should be working relationships between the separate office supplies from medical applicant agency and other agencies and and educational purchases. Office succinct, self-explanatory and well organized so that reviewers can programs cited in the proposal. supplies could include paper, pencils, Documents that confirm actual or and the like; medical supplies are understand the proposed project. Use the following section headers for pending contractual agreements should syringes, blood tubes, plastic gloves, clearly describe the roles of the etc., and educational supplies may be the Narrative: • Introduction subcontractors and any deliverable. pamphlets and educational videotapes. This section should briefly describe Letters of agreements must be dated. Remember, they must be listed the purpose of the proposed project. (5) Appendix E: Project separately. • Work Plan Organizational Chart. Subcontracts: To the extent possible, Describe the activities or steps that Provide a one-page figure that depicts all subcontract budgets and will be used to achieve each of the the organizational structure of the justifications should be standardized, activities proposed in the methodology project, including subcontractors and and contract budgets should be section. Use a time line that includes other significant collaborators. presented by using the same object class each activity and identifies responsible (6) Appendix F: Other Relevant categories contained in the Standard staff. Documents. Form 424A. Provide a clear explanation • Resolution of Challenges Include here any other documents as to the purpose of each contract, how Discuss challenges that are likely to that are relevant to the application, the costs were estimated, and the be encountered in designing and including letters of support. Letters of specific contract deliverables. implementing the activities described in support must be dated. Other: Put all costs that do not fit into the Work Plan, and approaches that will any other category into this category and be used to resolve such challenges. 3. Submission Dates and Times provide an explanation of each cost in • Evaluation and Technical Support Notification of Intent To Apply this category. In some cases, grantee Capacity rent, utilities and insurance fall under Describe current experience, skills, A letter of intent is not required. this category if they are not included in and knowledge, including individuals However, if a letter of intent is an approved indirect cost rate.) on staff, materials published, and submitted, the letter should identify the vi. Staffing Plan and Personnel previous work of a similar nature. applicant organization and its intent to Requirements. Applicants must present • Organizational Information apply, and briefly describe the proposal a staffing plan and provide a Provide information on the applicant to be submitted. Receipt of Letters of justification for the plan that includes agency’s current mission and structure, Intent will not be acknowledged.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52385
This letter should be sent by submitted electronically after 5 p.m. delivered applications must include an September 9, 2005, by mail or fax to: eastern time on the deadline date original and two copies of the Department of Health and Human specified in the DATES section of the application. The original application Services, Office of the Secretary, Office announcement will be considered late must be signed by an individual of Global Health Affairs, 5600 Fishers and will be deemed ineligible. Failure of authorized to act for the applicant Lane, Suite 18–101, Rockville, MD the applicant to submit all required hard agency or organization and to assume 20857, Facsimile Number: 301–443– copy original signatures to the OPHS for the organization the obligations 2820. Office of Grants Management by 5 p.m. imposed by the terms and conditions of eastern time on the next business day the grant award. Application Submission after the deadline date specified in the Applications will be screened upon The OPHS provides multiple DATES section of the announcement will receipt. Those that are judged to be mechanisms for submission of result in the electronic application being incomplete or arrive after the deadline applications as described in the deemed ineligible. will be returned without review or following sections. Upon completion of a successful comment. Applications that exceed the Electronic Submission: The OPHS electronic application submission, the requested amount may also be returned electronic grants management system, eGrants system will provide the without review or comment. Applicants eGrants, provides for applications to be applicant with a confirmation page that are judged to be in compliance will submitted electronically. While indicating the date and time (eastern be notified by the OPHS Office of Grants applications are accepted in hard copy, time) of the electronic application Management. Accepted applications the use of the electronic application submission. This confirmation page will will be reviewed for technical merit in submissions capabilities provided by also provide the receipt status of all accordance with DHHS policies. the eGrants system is encouraged. indicated signatures and items to be Applications should be submitted to: Information about this system is mailed to the OPHS Office of Grants Director, Office of Grants Management, available on the Office of Population Management. As items are received by OPHS, HHS, 1101 Wootten Parkway, Affairs Web site at http:// the OPHS Office of Grants Management, Suite 550, Rockville, MD 20852. opa.osophs.dhhs.gov, or may be the electronic application status will be Technical assistance on budget and requested from the OPHS Office of updated to reflect the receipt of mail-in business aspects of the application may Grants Management at 240–453–8822. items. It is recommended that the be obtained from the OPHS Office of Applications sent via any other means applicant monitor the status of their Grants Management, 1101 Wootten of electronic communication, including application to ensure that all signatures Parkway, Suite 550, Rockville, MD facsimile or electronic mail, outside of and mail-in items are received. 20852, telephone: (240) 453–8822. the OPHS eGrants system will not be Applicants are encouraged to initiate 4. Intergovernmental Review accepted for review. electronic applications early in the The body of the application and application development process, and to This program is not subject to the required forms can be submitted using submit early on the due date or before. review requirements of Executive Order the e-Grants system. In addition to This will aid in addressing any 12372, Intergovernmental Review of electronically submitted materials, problems with submission prior to the Federal Programs. applicants are required to provide a application deadline. 5. Funding Restrictions hard copy of the application face page Mailed Hard Copy Applications: (Standard Form 424 [Revised 07/03]) Applications submitted in hard copy Allowability, allocability, with the original signature of an must include an original and two copies reasonableness, and necessity of direct individual authorized to act for the of the application. The original and indirect costs that may be charged applicant agency or organization and to application must be signed by an are outlined in the following assume for the organization the individual authorized to act for the documents: OMB–21 (Institutes of obligations imposed by the terms and applicant agency or organization and to Higher Education); OMB Circular A–122 conditions of the grant award. The assume for the organization the (Nonprofit Organizations) and 45 CFR application is not considered complete obligations imposed by the terms and Part 74, Appendix E (Hospitals). Copies until both the electronic application and conditions of the grant award. of these circulars can be found on the the hard copy of the face page with the Mailed applications will be Internet at: http://www.whitehouse.gov/ original signature are received. considered as meeting the deadline if omb. Electronic grant application they are received by the OPHS Office of 6. Other Submission Requirements submissions must be submitted no later Grants Management on or before 5 p.m. than 5 p.m. eastern time on the deadline eastern time on the deadline date N/A. date specified in the DATES section of specified in the DATES section of the V. Application Review Information the announcement. All required hard announcement. The application copy original signatures and mail-in deadline date requirement specified in 1. Criteria items must be received by the OPHS this announcement supercedes the Applications will be screened by Office of Grants Management no later instructions in the OPHS–1. OGHA staff for completeness and for than 5 p.m. eastern time on the next Applications that do not meet the responsiveness to the program guidance. business day after the deadline date deadline will be returned to the Applicants should pay strict attention specified in the DATES section of the applicant unread. addressing these criteria, as they are the announcement. Hand-Delivered Applications: Hand- basis upon which applications will be Applications will not be considered delivered applications must be received judged. Those applications judged to be valid until all electronic application by the OPHS Office of Grants non-responsive or incomplete will be components, hard copy original Management, 1101 Wootten Parkway, returned to the applicant without signatures, and mail-in items are Suite 550, Rockville, Maryland, 20852, review. received by the OPHS Office of Grants no later than 5 p.m. eastern time on the Applications that are complete and Management according to the deadlines deadline date specified in the DATES responsive to the guidance will be specified above. Any application section of the announcement. Hand- evaluated for scientific and technical
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52386 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
merit by an appropriate peer review resources and to successfully manage Documented availability and group specifically convened for this the project, including subcontractor adequacy of facilities, equipment and solicitation and in accordance with HHS and/or consultant efforts, if applicable, resources necessary to carry out the policies and procedures. As part of the as evidence by the management plan activities specified under Program initial merit review, all applications will and demonstrated by previous relevant Requirements. receive a written critique. All experience. 2. Review and Selection Process applications recommended for approval • Partner Institutions and other will be discussed fully by the ad hoc Personnel—Applicants should provide Applications will be reviewed in peer review group and assigned a documented evidence of availability, competition with other submitted priority score for funding. Eligible training, qualifications, expertise, applications, by a panel of peer applications will be assessed according relevant experience, education and reviewers. Each of the above criteria the following criteria: competence of the scientific, clinical, will be addressed and considered by the (1) Technical Approach (40 points): analytical, technical and administrative • reviewers in assigning the overall score. The applicant’s presentation of a staff and any other proposed personnel Final award will be made by the Deputy sound and practical technical approach (including partner institutions, Director, Asia and Pacific Division of for executing the requirements with subcontractors and consultants), to the Office Global Health Affairs on the adequate explanation, substantiation perform the requirements of the work basis of score, program relevance and, and justification for methods for activities as evidenced by resumes, availability of funds. handling the projected needs of the endorsements and explanations of partner institution. previous efforts. VI. Award Administration Information • The successful applicant must • Staffing Plan—Applicants should 1. Award Notices demonstrate a clear understanding of submit a staffing plan for the conduct of the scope and objectives of the the project, including the OGHA/HHS does not release cooperative agreement, recognition of appropriateness of the time commitment information about individual potential difficulties that may arise in of all staff and partner institutions, the applications during the review process performing the work required, clarity and appropriateness of assigned until final funding decisions have been presentation of adequate solutions, and roles, and lines of authority. Applicants made. When these decisions have been understanding of the close coordination should also provide an organizational made, applicants will be notified by necessary between the OGHA/HHS, chart for each partner institution named letter regarding the outcome of their Afghanistan Ministry of Public Health, applications. The official document U.S. Agency for International in the application showing relationships among the key personnel. notifying an applicant that an Development, and other organizations, • application has been approved and such as the World Health Organization Administrative and Organizational Framework—Adequacy of the funded is the Notice of Award, which and United Nations Children’s Fund. specifies to the awardee the amount of • administrative and organizational Applicants must submit a strategic money awarded, the purpose of the plan that outlines the schedule of framework, with lines of authority and responsibility clearly demonstrated, and agreement, the terms and conditions of activities and expected products of the the agreement, and the amount of Group’s work with benchmarks at adequacy of the project plan, with proposed time schedule for achieving funding, if any, to be contributed by the months six, 12. The strategic plan awardee to the project costs. should specifically address the expected objectives and maintaining quality progress of the Quality of Care program. control over the implementation and 2. Administrative and National Policy (4) Personnel Qualifications and operation of the project. Adequacy of Requirements Experience (20 points): back-up staffing and the evidence that • Project Leadership—For the they will be able to function as a team. The regulations set out at 45 CFR technical and administrative leadership The framework should identify the parts 74 and 92 are the Department of of the project requirements, successful institution that will assume legal and Health and Human Services (HHS) rules applicants must demonstrate financial responsibility and and requirements that govern the documented training, expertise, relevant accountability for the use and administration of grants. Part 74 is experiences, leadership/management disposition of funds awarded on the applicable to all recipients except those skills, and availability of a suitable basis of this RFA. covered by part 92, which governs overall project manager and (5) Experience and Capabilities of the awards to State and local governments. surrounding management structure to Organization (30 Points): Applicants funded under this successfully plan and manage the • Applicants should submit announcement must be aware of and project. Successful applicant will documented relevant experience of the comply with these regulations. The CFR provide documented history of organization in managing projects of volume that includes parts 74 and 92 leadership in the establishment and similar complexity and scope of the may be downloaded from http:// www.access.gpo.gov/nara/cfr/ management of training programs that activities. _ _ involve training of health care • Clarity and appropriateness of lines waisidx 03/45cfrv1 03.html. professionals in countries other than the of communication and authority for 3. Reporting United States. Expertise in maternal and coordination and management of the child health care and services including project. Adequacy and feasibility of Each party to this Cooperative documented training, expertise, relevant plans to ensure successful coordination Agreement has agreed to undertake the experience, leadership skills, and of a multiple-partner collaboration. following obligations: maternal and child health specific • Documented experience recruiting The applicant (or recipient) agrees to: medical expertise. Documented qualified medical personnel for projects a. Provide a budget for the acquisition managerial ability to achieve delivery or of similar complexity and scope of and installation of the necessary performance requirements as activities. equipment to complete the HHS Project, demonstrated by the proposed use of (4) Facilities and Resources (10 using the provided HHS Guidelines on management and other personnel Points): Medical Equipment Donation;
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52387
b. Facilitate the acquisition, of award. At a minimum, monthly Health and Human Services, 5600 refurbishment and calibration of the performance reports should include: Fishers Lane, Suite 18–101, Rockville, necessary equipment at a reduced cost; • Concise summary of the most MD 20857. Phone Number: 301–443– c. Prepare the necessary items for significant achievements and problems 1410. encountered during the reporting shipping including preparation of VIII. Tips for Writing a Strong period, e.g., number of training courses shipping documents for entry into Application partner country; held and number of trainees. d. Provide manuals for the donated • A comparison of work progress Include DUNS Number. You must equipment which can be translated into with objectives established for the include a DUNS Number to have your the primary language, at a sixth grade quarter using the grantee’s application reviewed. Applications will reading level and contain illustrations. implementation schedule, and where not be reviewed without a DUNS Manuals must include content on the such objectives were not met, a number. To obtain a DUNS number, proper storage, cleaning and care and statement of why they were not met. access http:// • repair of the equipment; Specific action(s) that the grantee www.dunandbradstreet.com or call 1– e. Ensure that the training method or would like the OGHA/HHS to undertake 866–705–5711. Please include the to alleviate a problem. DUNS number next to the OMB module includes essential content • regarding the adherence to established Other pertinent information that Approval Number on the application infection control principles; will permit monitoring and overview of face page. project operations. Keep your audience in mind. f. Provide technical training and • examination of proficiency by the user A quarterly financial report Reviewers will use only the information on agreed upon technologies and describing the current financial status of contained in the application to assess supplied equipment; the funds used under this award. The the application. Be sure the application g. Ensure that training is provided by awardee and OGHA will agree at the and responses to the program a certified trainer at a time closely time of award for the format of this requirements and expectations are coordinated with the delivery of the portion of the report. complete and clearly written. Do not Within 90 days following the end of equipment or materials; and, assume that reviewers are familiar with the project period a final report h. Accompany the equipment and the applicant organization. Keep the containing information and data of supplies for the purpose of overseeing review criteria in mind when writing interest to the Department of Health and the distribution, installation, and the application. Human Services, Congress, and other Start preparing the application early. training in partner institution. countries must be submitted to OGHA/ Allow plenty of time to gather required HHS agrees to: HHS. The specifics as to the format and information from various sources. a. Identify the funds necessary for the content of the final report and the Follow the instructions in this acceptance of the necessary equipment summary will be sent to successful guidance carefully. Place all information in keeping with the approved budget; applicants. At minimum, the report in the order requested in the guidance. b. Identify the funds or transportation should contain: If the information is not placed in the necessary for the shipping of goods to • A summary of the major activities requested order, you may receive a partner country; and, supported under the agreement and the lower score. c. Provide Guidelines on Medical major accomplishments resulting from Be brief, concise, and clear. Make Equipment Donation for partner activities to improve mortality in your points understandable. Provide country. partner country. accurate and honest information, All projects are required to have an • An analysis of the project based on including candid accounts of problems evaluation plan, consistent with the the problem(s) described in the and realistic plans to address them. If scope of the proposed project and application and needs assessments, any required information or data is funding level that conforms to the performed prior to or during the project omitted, explain why. Make sure the project’s stated goals and objectives. The period, including a description of the information provided in each table, evaluation plan should include both a specific objectives stated in the grant chart, attachment, etc., is consistent process evaluation to track the application and the accomplishments with the proposal narrative and implementation of project activities and and failures resulting from activities information in other tables. an outcome evaluation to measure during the grant period. Be organized and logical. Many changes in knowledge and skills that Quarterly performance reports and the applications fail to receive a high score can be attributed to the project. Project final report may be submitted to: Ms. because the reviewers cannot follow the funds may be used to support Karen Campbell, Director, Office of thought process of the applicant or evaluation activities. Grants Management, OPHS, HHS1101 because parts of the application do not In addition to conducting their own Wootton Parkway, Suite 550, Rockville, fit together. evaluation of projects, successful MD 20852, phone (240) 453–8822. Be careful in the use of appendices. applicants must be prepared to Do not use the appendices for participate in an external evaluation, to VII. Agency Contacts information that is required in the body be supported by OGHA/HHS and For assistance on administrative and of the application. Be sure to cross- conducted by an independent entity, to budgetary requirements, please contact: reference all tables and attachments assess efficiency and effectiveness for Ms. Karen Campbell, Director, Office of located in the appendices to the the project funded under this Grants Management, OPHS, HHS, 1101 appropriate text in the application. announcement. Wootton Parkway, Suite 550, Rockville, Carefully proofread the application. Within 30 days following the end of MD 20852, phone (240) 453–8822. Misspellings and grammatical errors each of quarter, submit a performance For assistance with questions will impede reviewers in understanding report no more than ten pages in length regarding program requirements, please the application. Be sure pages are must be submitted to OGHA/HHS. A contact: Dr. Amar Bhat, Asia-Pacific numbered (including appendices) and sample monthly performance report will Division, Office of Global Health Affairs, that page limits are followed. Limit the be provided at the time of notification Office of the Secretary, Department of use of abbreviations and acronyms, and
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52388 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
define each one at its first use and Applications due by 5 p.m. ET: USG/MOPH team, including the periodically throughout application. September 19, 2005. development of a self-sustaining Dated: August 25, 2005. Award date: September 30, 2005. organizational structure within the MOPH that supports the management, Mary Lou Valdez, ADDRESSES: Application kits may be requested from, and applications organization and entrepreneurial growth Deputy Director for Policy, Office of Global of the healthcare hospital delivery Health Affairs. submitted to: Ms. Karen Campbell, Director, Office of Grants Management, sector in Kabul. Cristina V. Beato, Office of Public Health and Science Assist in planning and establishing an Acting Assistant Secretary for Health, Office (OPHS), HHS, 1101 Wootton Parkway, organizational structure that facilitates of Public Health and Science. Suite 550, Rockville, MD 20852. the development of a network of [FR Doc. 05–17547 Filed 9–1–05; 8:45 am] women’s and children’s hospitals, BILLING CODE 4150–38–P I. Funding Opportunity Description herein referred to as the Kabul Women’s Purpose of the Agreement and Children’s Hospital Consortium, or the Consortium. Specifically: Develop a DEPARTMENT OF HEALTH AND HHS, in partnership with other plan and assist in establishment of a HUMAN SERVICES relevant U.S. Government agencies, Consortium Board of Directors that will anticipates involvement in the provide governance, strategic direction Announcement of Availability of Funds development, administration and and facilitate communication for the for Cooperative Agreement To Provide oversight of this program to improve Consortium. The Board and its chair Technical Assistance and Support to hospital management capacity within will be appointed by the MOPH. the Afghanistan Ministry of Public the MOPH. The program will be for a Develop and implement a non-profit Health (MOPH) in Strengthening the three-year period. Approximately foundation to raise funds and broaden Management of the Women’s and $475,000 (including indirect costs) will support for the Consortium. Solicit Children’s Hospitals and Hospital be available in the first year. Funding international donors’ resource support Services in Kabul for the cooperative agreement in for the foundation. subsequent years is contingent upon the Implement and refine Consortium AGENCY: Department of Health and availability of funds and the management and Board of Directors Human Services, Office of the Secretary, performance of the awardee against governance process. This includes Office of Public Health and Science, measurable performance targets. assisting MOPH in the development of Office of Global Health Affairs. This Cooperative Agreement is leadership accountability and Announcement Type: Cooperative intended to complement and build upon performance contracts, objective Agreement—FY 2005 Initial the work of the MOPH Hospital performance assessment and Announcement. Management Task Force (HMTF) and its measurement systems, and a Funding Opportunity Number: OGHA efforts to implement the Essential performance-based salary and incentive 05–025. Package of Hospital Services (EPHS) and system for healthcare managers and OMB Catalog of Federal Domestic the recommendations of the Joint U.S. executives. Assistance: TBD, In Process. Government/MOPH health-facility Summarize in a three-year plan the Authority: Division F of the Consolidated management planning team, as outlined strategies that the Kabul Women’s Appropriations Act, 2005, Public Law 108– above. Implementation and adherence Children’s Hospital Consortium will 447 (2004). to recognized evidence-based healthcare undertake in the restructuring of and facility-management standards will hospital service delivery. This plan will SUMMARY: The Office of Global Health be essential elements of successful be prepared and submitted to the MOPH Affairs (OGHA) announces that up to proposals. and HHS no later than three months of $475,000 in fiscal year (FY) 2005 of The awardee will work in the initiation of this grant program. funds is available for one (1) cooperative collaboration with the MOPH’s HMTF Advise the HTMF staff on the agreement to provide support to based on the approved establishment of a separate city-wide strengthen the management of women’s recommendations of the Joint USG/ Kabul Hospital Council that will serve and children’s hospitals by the Afghan MOPH planning mission. The plans will as a platform for local hospital directors Ministry of Public Health (MOPH) in include but are not limited to the type for discussion, sharing of knowledge Kabul. This effort is an undertaking by of governance structure, procurement and best practices, creation of a referral the Department of Health and Human strategies, human resources system for continuity and coordination Services (HHS) in partnership with the management, financial management, of care with the goal of improving Afghan MOPH. The primary goal of this facility and environmental safety healthcare services and health of the project is to improve the quality of care management, sharing of services, city of Kabul. The grantee is expected to at women’s and children’s health developing a continuum of maternal assist the HMTF with preparing for institutions in Afghanistan. The OGHA and child healthcare in Kabul and Council meetings. anticipates substantial HHS scientific centers of excellence within the Provide technical assistance and and programmatic involvement in the consortium, developing an integrated logistical support to the MOPH in administration of the quality health records system, and quality preparing, hosting and reporting the improvement program. The project will assurance. The award recipient will recommendations of an international be approved for up to a one-year period work with HHS to review training plans healthcare management summit at a for a total of $475,000 (including previously developed to support date to be determined by the MOPH. indirect costs). Funding for the improvements in healthcare The main goal of this summit is to give cooperative agreement is contingent administration and provide a phased the Minister a forum to describe the upon the availability of funds plan for leadership and healthcare vision for the Afghan healthcare system, DATES: Application Availability: management training as part of their describe plans for the establishment of September 2, 2005. planning process. a hospital consortium in Kabul and gain Optional Letter of Intent due by 5 Activities: To assist the MOPH in support from the conference attendees p.m. ET: September 9, 2005. carrying out the recommendations of the for the MOPH vision to improve the
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52389
overall access to and quality of Train a cadre of Afghan nationals at substantially involved in the program healthcare services in Kabul. The the MOPH capable of performing the activities, above and beyond routine summit is intended to: review process according to the Afghan monitoring. Through this cooperative • Highlight MOPH’s efforts to hospital standards described above. The agreement, HHS will collaborate in an improve healthcare management goal of this activity is to enable the advisory capacity with the award including the key role of the Hospital MOPH to certify hospitals by the end of recipient, especially during the Management Task Force in the process. the grant period. It is anticipated that development and implementation of a • Discuss, prioritize and coordinate funding and other incentives provided mutually agreed-upon work plan. HHS international donor support for health to Kabul-based hospitals by the MOPH will actively participate in periodic facility management improvement would be based on their performance progress reviews and a final evaluation efforts. against these standards. The award of the program. • Describe and obtain support for the recipient will work with the MOPH to Approximately $475,000 in FY 2005 establishment of Kabul Women and determine what these incentives will be, funds is available to support the Children. the schedule of inspections, and how agreement. This level of support is • Hospital Consortium and the the Certification Program will be dependent on the receipt of a sufficient Consortium Foundation. implemented. number and diversity of applications of • Formally adopt the concept of a The budget for the cooperative high merit. Kabul Women and Children’s Hospital agreement is expected to support local The anticipated start date is October Consortium. expenses related to the summit, 1, 2005. There will only be one single • Introduce and describe the role of including meeting facilitators and award made from this announcement. the Kabul Hospital Council. administrative support staff. Conference The program and budget period for this In providing assistance to the MOPH attendees not affiliated with the grantee agreement is for 24 months. for an International Healthcare Facility organization or the MOPH are expected Although this program is provided for Management Summit, the award to provide their own support. in the financial plans of the OGHA, the award pursuant to this RFA is recipient will assist in developing a Special Considerations contingent upon the availability of communication plan and list of invited Travel Support: Applicants should be participants, support MOPH funds for this purpose. aware of and take into account the The award recipient must comply interactions with appropriate special security considerations when with all HHS management requirements stakeholders involved in maternal and working in Afghanistan. Travel for meeting participation and progress child health (hospital directors, planning includes responsibility for all and financial reporting for this clinicians, non-governmental logistical arrangements for team cooperative agreement. (Please see HHS organizations, international donors, and members and will be the responsibility Activities and Program Evaluation others), complete a detailed agenda for of the grantee. Travel expenses for sections below.) the meeting, provide speech writing attendees to the Summit will be the HHS/OS/OGHA activities for this support for the MOPH, identify meeting responsibility of the attendee or his/her program are as follows: facilitators, develop, copy and distribute organization. Travel expenses for MOPH • Organize an orientation meeting all meeting invitations, materials and staff attendees will be the responsibility with the award recipient to brief them supporting documents and reserve and of the MOPH. on applicable U.S. Government secure an appropriate location for the Team Accommodation and On-site expectations, regulations, policies and Summit. The award recipient will also support: Accommodation and on-site key management requirements, as well assist the MOPH in preparing a report support is not included and it is the as report formats and contents. The summarizing the Summit deliberations, responsibility of the award recipient orientation could include meetings with recommendations and conclusions. and his/her support staff. The award staff from HHS agencies, the U.S. Assist in developing a set of standards recipient shall arrange all on-site Departments of Defense and Veterans to be used by the MOPH in evaluating resources for team members, including Affairs, and USAID. the quality, performance and but not limited to food, security, • Review and approve the process management of hospitals. This activity emergency health care, and local used by the award recipient to select should build on the previous activities transportation. key personnel and/or post-award of other international donors, non- Finally, the award recipient will subcontractors and/or sub grantees to be governmental groups, and multilateral monitor and report progress quarterly to involved in the activities performed organizations which have supported HHS/OGHA and conduct a under this agreement. similar work. These standards should be comprehensive evaluation of all • Review and approve award modeled on standards used in other required elements and conditions, recipients annual work plan and developed and developing countries including outcome measures for detailed budget. and adapted to Afghan conditions. The effectiveness and efficiency. • Review and approve award standards should accommodate legal, recipient’s monitoring and evaluation II. Award Information religious and cultural factors found plan. within Afghanistan. The objective is to The administrative and funding • Meet on a monthly basis with develop over the course of the grant instrument to be used for this program award recipient to assess monthly period a set of uniform, achievable will be the cooperative agreement in expenditures in relation to approved expectations for structures, processes which substantial OGHA/HHS scientific work plan, and modify plans as and outcomes for hospitals in and/or programmatic involvement is necessary. Afghanistan and thus create an ‘‘Afghan anticipated during the performance of • Meet on a quarterly basis with National Healthcare Certification the project. Under the cooperative award recipient to assess quarterly Program.’’ The work plan should reflect agreement, OGHA/HHS will support technical and financial progress reports, a schedule for developing the elements and/or stimulate awardee activities by and modify plans as necessary. of the Certification Program over the working with them in a non-directive • Meet on an annual basis with award course of the grant period. partnership role. HHS staff is recipient to review annual progress
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52390 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
report for each U.S. Government Fiscal program(s) for which you are requesting compliant applications will be returned Year, and to review annual work plans an application kit. to the applicant without further and budgets for the subsequent year. consideration. 2. Content and Form of Application • Assure experienced HHS or other Submission a. Number of Copies subject-matter experts from other relevant U.S. Government agencies will Application Materials Please submit one (1) original and two (2) unbound copies of the application. participate in the planning, A separate budget page is required for Please do not bind or staple the development, implementation, and the budget year requested. A line item application. Application must be single evaluation of all phases of this project. budget (SF 424A) with coinciding • sided. Assist in establishing and justification to support each of the maintaining U.S. Government, MOPH, budget years must be submitted with the b. Font and non-governmental organizations proposal. These forms will represent the Please use an easily readable serif (NGOs) contracts and agreements full project period of Federal assistance necessary to carry out the program. typeface, such as Times Roman, Courier, requested. Proposals submitted without or CG Times. The text and table portions III. Eligibility Information a budget and justification for each of the application must be submitted in budget year requested in the application 1. Eligible Applicants not less than 12 point and 1.0 line may not be favorably considered for spacing. Applications not adhering to 12 Applications may be submitted by funding. Specific instructions for point font requirements may be non-profit entities with offices in the submitting a detailed budget for this returned. United States and partner country or application will be included in the incorporated and headquartered in the application packet. If additional c. Paper Size and Margins United States with offices in the United information and/or clarification are For scanning purposes, please submit required, please contact the OPHS 1 States. Additionally, organizations or the application on 8 ⁄2″ x 11″ white consortiums of organizations, including Office of Grants Management identified paper. Margins must be at least one (1) faith-based and community based in Section VII of this announcement. inch at the top, bottom, left and right of organizations, that have collective All applications must be accompanied the paper. Please left-align text. experience with accepting donated by a Project Abstract submitted on 3.5 medical technology, upgrading drug inch floppy disk. The abstract must be d. Numbering formularies, training health care typed, single-spaced, and not exceed 2 Please number the pages of the providers, local and international pages. Reviewers and staff will refer application sequentially from page 1 transportation, and other logistics are frequently to the information contained (face page) to the end of the application, encouraged to apply for a grant under in the abstract, and therefore it should including charts, figures, tables, and this announcement. contain substantive information about appendices. the proposed projects in summary form. 2. Cost Sharing or Matching A list of suggested keywords and a e. Names Cost sharing, matching funds, and format sheet for your use in preparing Please include the name of the cost participation is not a requirement the abstract will be included in the applicant on each page. of this agreement. application packet. All grant applications must be f. Section Headings 3. Other—(If Applicable): N/A accompanied by a Project Narrative. In Please put all section headings flush IV. Application and Submission addition to the instructions provided in left in bold type. Information OPHS–1 (Rev 8/2004) for project Application Format: Applications for narrative, the specific guidelines for the 1. Address To Request Application funding must consist of the following project narrative are provided in the Package documents in the following order: program guidelines. Format This Cooperative Agreement project requirements are the same as for the i. Application Face Page uses the Application Form OPHS–1, Project Abstract Section; margins should Public Health Service (PHS) Revised 8/2004, which is enclosed in be 1 inch at the top and 1 inch at the Application Form OPHS–1, provided your application packet. This generic bottom and both sides; and typeset must with the application package. Prepare form is used by many different programs be no smaller than 12 cpi and not this page according to instructions funded through the Public Health reduced. Biographical sketches should provided in the form itself. Service (PHS). Some parts of it are not be either typed on the appropriate form DUNS Number required; other sections need to be filled or plain paper and should not exceed out in a fashion specific to the program. two pages, with publications listed All applicant organizations are Instructions for filling out OPHS–1, being limited only to those that are required to have a Data Universal Revised 8/2004 will be included in the directly relevant to this project. Numbering System (DUNS) number in application packet. These forms may order to apply for a grant from the also be obtained from the following sites Application Format Requirements Federal Government. The DUNS by: Downloading from: https:// If applying on paper, the entire number is a unique nine-character egrants.osophs.dhhs.gov and clicking on application may not exceed 80 pages in identification number provided by the Grant Announcements or http:// length, including the abstract, project commercial company, Dun and www.grants.gov/ or by writing to Ms. and budget narratives, face page, Bradstreet. There is no charge to obtain Karen Campbell, Director, Office of attachments, any appendices and letters a DUNS number. Information about Grants Management, OPHS, HHS Tower of commitment and support. Pages must obtaining a DUNS number can be found Building, 1101 Wootton Parkway, Suite be numbered consecutively. at https://www.dnb.com/product/ 550, Rockville, MD 20852; or contact the Applications submitted electronically eupdate/requestOptions.html or call 1– Office of Grants Management at (240) that exceed 80 pages when printed will 866–705–5711. Please include the 453–8822. Please specify the OGHA be deemed non-compliant. All non- DUNS number next to the OMB
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52391
Approval Number on the application would be advantageous to the as to the purpose of each contract, how face page. Applications will not be government, the OGHA/HHS may honor the costs were estimated, and the reviewed without a DUNS number. that indirect rate cost. specific contract deliverables. Additionally, the applicant Personnel Costs: Personnel costs Other: Put all costs that do not fit into organization will be required to register should be explained by listing each staff any other category into this category and with the Federal Government’s Central member who will be supported from provide an explanation of each cost in Contractor Registry (CCR) in order to do funds, name (if possible), position title, this category. In some cases, grantee electronic business with the Federal percent full time equivalency, annual rent, utilities and insurance fall under Government. Information about salary, and the exact amount requested. this category if they are not included in registering with the CCR can be found Indirect Costs: Indirect costs are those an approved indirect cost rate.) at http://www.hrsa.gov/grants/ccr.htm. costs incurred for common or joint Finally, applicants applying objectives which cannot be readily vi. Staffing Plan and Personnel electronically through Grants.gov are identified but are necessary to the Requirements required to register with the Credential operations of the organization, e.g., the Applicants must present a staffing Provider for Grants.gov. Information cost of operating and maintaining plan and provide a justification for the about this requirement is available at facilities, depreciation, and plan that includes education and http://www.grants.gov/ administrative salaries. For institutions experience qualifications and rationale CredentialProvider. subject to OMB Circular A–21, the term for the amount of time being requested Applicants applying electronically ‘‘facilities and administration’’ is used for each staff position. Position throughthe OPHS E-Grants System are to denote indirect costs. If the applicant descriptions that include the roles, required to register with the provider. does not have an indirect cost rate, you responsibilities, and qualifications of Information about this requirement is may obtain one by visiting the Division proposed project staff must be included available at. https:// of Cost Allocation website: http:// in Appendix XX. Copies of biographical egrants.osophs.dhhs.gov. rates.psc.gov. sketches for any key employed Fringe Benefits: List the components personnel that will be assigned to work ii. Table of Contents that comprise the fringe benefit rate, for on the proposed project must be Provide a Table of Contents for the example health insurance, taxes, included in Appendix XX. remainder of the application (including unemployment insurance, life appendices), with page numbers. insurance, retirement plan, tuition vii. Project Abstract reimbursement. The fringe benefits Provide a summary of the application. iii. Application Checklist should be directly proportional to that Because the abstract is often distributed Application Form OPHS–1, provided portion of personnel costs that are to provide information to the public and with the application package. allocated for the project. Congress, please prepare this so that it Travel: List travel costs according to iv. Budget is clear, accurate, concise, and without local and long distance travel. For local reference to other parts of the Application Form OPHS–1, provided travel, the mileage rate, number of application. It must include a brief with the application package. miles, reason for travel and staff description of the proposed grant v. Budget Justification member/consumers completing the project including the needs to be travel should be outlined. The budget addressed, the proposed services, and The amount of financial support should also reflect the travel expenses the population group(s) to be served. (direct and indirect costs) that an associated with participating in Please place the following at the top applicant is requesting from the Federal meetings and other proposed trainings of the abstract: granting agency for the first year is to be or workshops. • Project Title entered on the Face Sheet of Equipment: List equipment costs and • Applicant Name Application Form PHS 5161–1, Line provide justification for the need of the • Address 15a. Each application should include equipment to carry out the program’s • Contact Phone Numbers (Voice, funds for electronic mail capability goals. Extensive justification and a Fax) unless access by Internet is already detailed status of current equipment • E-Mail Address available. The amount of financial must be provided when requesting • Web Site Address, if applicable support (direct and indirect costs) funds for the purchase of computers and The project abstract must be single- entered on the SF 424 is the amount an furniture items. spaced and limited to two pages in applicant is requesting from the Federal Supplies: List the items that the length. granting agency for the project year. project will use. In this category, Please note that if indirect costs are separate office supplies from medical vii. Program Narrative requested, the applicant must submit a and educational purchases. Office This section provides a copy of the latest negotiated rate supplies could include paper, pencils, comprehensive framework and agreement. The indirect costs rate refers and the like; medical supplies are description of all aspects of the to the Other Sponsored Program/ syringes, blood tubes, plastic gloves, proposed program. It should be Activities rate and to neither the etc., and educational supplies may be succinct, self-explanatory and well research rate, nor the education/training pamphlets and educational videotapes. organized so that reviewers can program rate. Those applicants without Remember, they must be listed understand the proposed project. an established indirect cost rate for separately. Use the following section headers for sponsored programs will be held at 26% Subcontracts: To the extent possible, the Narrative: of total direct costs except, in cases all subcontract budgets and • Introduction. where there is no established rate, justifications should be standardized, This section should briefly describe applicants may only request of 10% of and contract budgets should be the purpose of the proposed project. salaries and wages. However, if an presented by using the same object class • Work Plan. applicant’s established rate for other categories contained in the Standard Describe the activities or steps that sponsored programs exceeds 26%, but Form 424A. Provide a clear explanation will be used to achieve each of the
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52392 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
activities proposed in the methodology Provide a one-page figure that depicts Electronic grant application section. Use a time line that includes the organizational structure of the submissions must be submitted no later each activity and identifies responsible project, including subcontractors and than 5 p.m. eastern time on the deadline staff. other significant collaborators. date specified in the DATES section of • Resolution of Challenges. (6) Appendix F: Other Relevant the announcement. All required hard Discuss challenges that are likely to Documents. copy original signatures and mail-in be encountered in designing and Include here any other documents items must be received by the OPHS implementing the activities described in that are relevant to the application, Office of Grants Management no later the Work Plan, and approaches that will including letters of supports. Letters of than 5 p.m. eastern time on the next be used to resolve such challenges. support must be dated. business day after the deadline date • Evaluation and Technical Support specified in the DATES section of the 3. Submission Dates and Times Capacity. announcement. Describe current experience, skills, Notification of Intent To Apply Applications will not be considered and knowledge, including individuals valid until all electronic application A letter of intent is not required. on staff, materials published, and components, hard copy original However, if a letter of intent is previous work of a similar nature. signatures, and mail-in items are submitted, the letter should identify the • Organizational Information. received by the OPHS Office of Grants applicant organization and its intent to Provide information on the applicant Management according to the deadlines agency’s current mission and structure, apply, and briefly describe the proposal specified above. Any application scope of current activities, and an to be submitted. Receipt of Letters of submitted electronically after 5 p.m. organizational chart, and describe how Intent will not be acknowledged. eastern time on the deadline date This letter should be sent by these all contribute to the ability of the specified in the DATES section of the organization to conduct the program September 9, 2005 by mail or fax to: announcement will be considered late requirements and meet program Department of Health and Human and will be deemed ineligible. Failure of expectations. Services, Office of the Secretary, Office the applicant to submit all required hard of Global Health Affairs, 5600 Fishers copy original signatures to the OPHS iii. Appendices Lane, Suite 18–101, Rockville, MD Office of Grants Management by 5 p.m. Please provide the following items to 20857, Facsimile Number: 301–443– eastern time on the next business day complete the content of the application. 2820. after the deadline date specified in the Please note that these are Application Submission. The OPHS DATES section of the announcement will supplementary in nature, and are not provides multiple mechanisms for result in the electronic application being intended to be a continuation of the submission of applications as described deemed ineligible. project narrative. Be sure each appendix in the following sections. Upon completion of a successful is clearly labeled. Electronic Submission: The OPHS electronic application submission, the (1) Appendix A: Tables, Charts, etc. electronic grants management system, eGrants system will provide the To give further details about the eGrants, provides for applications to be applicant with a confirmation page proposal. submitted electronically. While indicating the date and time (eastern (2) Appendix B: Job Descriptions for applications are accepted in hard copy, time) of the electronic application Key Personnel. the use of the electronic application submission. This confirmation page will Keep each to one page in length as submissions capabilities provided by also provide the receipt status of all much as is possible. Item 6 in the the eGrants system is encouraged. indicated signatures and items to be Program Narrative section of the PHS Information about this system is mailed to the OPHS Office of Grants 5161–1 Form provides some guidance available on the Office of Population Management. As items are received by on items to include in a job description. Affairs Web site at http:// the OPHS Office of Grants Management, (3) Appendix C: Biographical opa.osophs.dhhs.gov, or may be the electronic application status will be Sketches of Key Personnel. requested from the OPHS Office of updated to reflect the receipt of mail-in Include biographical sketches for Grants Management at 240–453–8822. items. It is recommended that the persons occupying the key positions Applications sent via any other means applicant monitor the status of their described in Appendix B, not to exceed of electronic communication, including application to ensure that all signatures two pages in length. In the event that a facsimile or electronic mail, outside of and mail-in items are received. biographical sketch is included for an the OPHS eGrants system will not be Applicants are encouraged to initiate identified individual who is not yet accepted for review. electronic applications early in the hired, please include a letter of The body of the application and application development process, and to commitment from that person with the required forms can be submitted using submit early on the due date or before. biographical sketch. the e-Grants system. In addition to This will aid in addressing any (4) Appendix D: Letters of Agreement electronically submitted materials, problems with submission prior to the and/or Description(s) of Proposed/ applicants are required to provide a application deadline. Existing Contracts (project specific) hard copy of the application face page Mailed Hard Copy Applications: Provide any documents that describe (Standard Form 424 [Revised 07/03]) Applications submitted in hard copy working relationships between the with the original signature of an must include an original and two copies applicant agency and other agencies and individual authorized to act for the of the application. The original programs cited in the proposal. applicant agency or organization and to application must be signed by an Documents that confirm actual or assume for the organization the individual authorized to act for the pending contractual agreements should obligations imposed by the terms and applicant agency or organization and to clearly describe the roles of the conditions of the grant award. The assume for the organization the subcontractors and any deliverable. application is not considered complete obligations imposed by the terms and Letters of agreements must be dated. until both the electronic application and conditions of the grant award. (5) Appendix E: Project the hard copy of the face page with the Mailed applications will be Organizational Chart. original signature are received. considered as meeting the deadline if
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52393
they are received by the OPHS Office of 6. Other Submission Requirements: N/A surrounding management structure to Grants Management on or before 5 p.m. successfully plan and manage the V. Application Review Information eastern time on the deadline date project. Successful applicant will specified in the DATES section of the 1. Criteria provide documented history of announcement. The application Applications will be screened by leadership in the establishment and deadline date requirement specified in OGHA staff for completeness and for management of training programs that this announcement supercedes the responsiveness to the program guidance. involve training of health care instructions in the OPHS–1. Applicants should pay strict attention professionals in countries other than the United States. Expertise in maternal and Applications that do not meet the addressing these criteria, as they are the deadline will be returned to the child health care and services including basis upon which their applications will applicant unread. documented training, expertise, relevant be judged. Those applications judged to Hand-Delivered Applications: Hand- experience, leadership skills, and be non-responsive or incomplete will be delivered applications must be received maternal and child health specific returned to the applicant without by the OPHS Office of Grants medical expertise. Documented review. Management, 1101 Wootten Parkway, managerial ability to achieve delivery or Applications that are complete and Suite 550, Rockville, Maryland 20852, performance requirements as responsive to the guidance will be no later than 5 p.m. eastern time on the demonstrated by the proposed use of evaluated for scientific and technical deadline date specified in the DATES management and other personnel merit by an appropriate peer review section of the announcement. Hand- resources and to successfully manage group specifically convened for this delivered applications must include an the project, including subcontractor solicitation and in accordance with HHS original and two copies of the and/or consultant efforts, if applicable, application. The original application policies and procedures. As part of the as evidence by the management plan must be signed by an individual initial merit review, all applications will and demonstrated by previous relevant authorized to act for the applicant receive a written critique. All experience. agency or organization and to assume applications recommended for approval • Partner Institutions and other for the organization the obligations will be discussed fully by the ad hoc Personnel—Applicants should provide imposed by the terms and conditions of peer review group and assigned a documented evidence of availability, the grant award. priority score for funding. Eligible training, qualifications, expertise, Applications will be screened upon applications will be assessed according relevant experience, education and receipt. Those that are judged to be the following criteria: competence of the scientific, clinical, (1) Technical Approach (40 points): incomplete or arrive after the deadline • analytical, technical and administrative will be returned without review or The applicant’s presentation of a staff and any other proposed personnel comment. Applications that exceed the sound and practical technical approach (including partner institutions, requested amount may also be returned for executing the requirements with subcontractors and consultants), to without review or comment. Applicants adequate explanation, substantiation perform the requirements of the work that are judged to be in compliance will and justification for methods for activities as evidenced by resumes, be notified by the OPHS Office of Grants handling the projected needs of the endorsements and explanations of partner institution. previous efforts. Management. Accepted applications • will be reviewed for technical merit in The successful applicant must • Staffing Plan—Applicants should accordance with DHHS policies. demonstrate a clear understanding of submit a staffing plan for the conduct of Applications should be submitted to: the scope and objectives of the the project, including the Director, Office of Grants Management, cooperative agreement, recognition of appropriateness of the time commitment OPHS, HHS, 1101 Wootten Parkway, potential difficulties that may arise in of all staff and partner institutions, the Suite 550, Rockville, MD 20852. performing the work required, clarity and appropriateness of assigned Technical assistance on budget and presentation of adequate solutions, and roles, lines of authority. Applicants business aspects of the application may understanding of the close coordination should also provide an organizational be obtained from the Office of Grants necessary between the OGHA/HHS, chart for each partner institution named Management, OPHS, HHS, 1101 Afghanistan Ministry of Public Health, in the application showing relationships Wootten Parkway, Suite 550, Rockville, U.S. Agency for International among the key personnel. • MD 20852, telephone: (240) 453–8822. Development, and other organizations, Administrative and Organizational such as the World Health Organization Framework—Adequacy of the 4. Internal Government Review and United Nations Children’s Fund. administrative and organizational This program is not subject to the • Applicants must submit a strategic framework, with lines of authority and review requirements of Executive Order plan that outlines the schedule of responsibility clearly demonstrated, and 12372, Intergovernmental Review of activities and expected products of the adequacy of the project plan, with Federal Programs. Group’s work with benchmarks at proposed time schedule for achieving months six, 12. The strategic plan objectives and maintaining quality 5. Funding Restrictions should specifically address the expected control over the implementation and Allowability, allocability, progress of the Quality of Care program. operation of the project. Adequacy of reasonableness, and necessity of direct (4) Personnel Qualifications and back-up staffing and the evidence that and indirect costs that may be charged Experience (20 points): they will be able to function as a team. are outlined in the following • Project Leadership—For the The framework should identify the documents: OMB–21 (Institutes of technical and administrative leadership institution that will assume legal and Higher Education); OMB Circular A–122 of the project requirements, successful financial responsibility and (Nonprofit Organizations) and 45 CFR applicants must demonstrate accountability for the use and Part 74, Appendix E (Hospitals). Copies documented training, expertise, relevant disposition of funds awarded on the of these circulars can be found on the experiences, leadership/management basis of this RFA. Internet at: http://www.whitehouse.gov/ skills, and availability of a suitable (5) Experience and Capabilities of the omb. overall project manager and Organization (30 Points):
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52394 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
• Applicants should submit comply with these regulations. The CFR applicants must be prepared to documented relevant experience of the volume that includes parts 74 and 92 participate in an external evaluation, to organization in managing projects of may be downloaded from http:// be supported by OGHA/HHS and similar complexity and scope of the www.access.gpo.gov/nara/cfr/ conducted by an independent entity, to activities. waisidx_03/45cfrv1_03.html. assess efficiency and effectiveness for • Clarity and appropriateness of lines the project funded under this 3. Reporting of communication and authority for announcement. coordination and management of the Each party to this Cooperative Within 30 days following the end of project. Adequacy and feasibility of Agreement has agreed to undertake the each of quarter, submit a performance plans to ensure successful coordination following obligations: report no more than ten pages in length of a multiple-partner collaboration. The applicant (recipient) agrees to: must be submitted to OGHA/HHS. A • Documented experience recruiting a. Provide a budget for the acquisition sample monthly performance report will qualified medical personnel for projects and installation of the necessary be provided at the time of notification of similar complexity and scope of equipment to complete the HHS Project, of award. At a minimum, monthly activities. using the provided HHS Guidelines on performance reports should include: (4) Facilities and Resources (10 Medical Equipment Donation; • Concise summary of the most Points): b. Facilitate the acquisition, significant achievements and problems Documented availability and refurbishment and calibration of the encountered during the reporting adequacy of facilities, equipment and necessary equipment at a reduced cost; period, e.g. number of training courses resources necessary to carry out the c. Prepare the necessary items for held and number of trainees. • activities specified under Program shipping including preparation of A comparison of work progress Requirements. shipping documents for entry into with objectives established for the partner country; quarter using the grantee’s 2. Review and Selection Process d. Provide manuals for the donated implementation schedule, and where Applications will be reviewed in equipment which can be translated into such objectives were not met, a competition with other submitted the primary language, at a sixth grade statement of why they were not met. applications, by a panel of peer reading level and contain illustrations. • Specific action(s) that the grantee reviewers. Each of the above criteria Manuals must include content on the would like the OGHA/HHS to undertake will be addressed and considered by the proper storage, cleaning and care and to alleviate a problem. • reviewers in assigning the overall score. repair of the equipment; Other pertinent information that Final award will be made by the Deputy e. Ensure that the training method or will permit monitoring and overview of module includes essential content project operations. Director, Asia and Pacific Division of • the Office Global Health Affairs on the regarding the adherence to established A quarterly financial report basis of score, program relevance and, infection control principles; describing the current financial status of availability of funds. f. Provide technical training and the funds used under this award. The examination of proficiency by the user awardee and OGHA will agree at the VI. Award Administration Information on agreed upon technologies and time of award for the format of this 1. Award Notices supplied equipment; portion of the report. g. Ensure that training is provided by Within 90 days following the end of OGHA/HHS does not release a certified trainer at a time closely the project period a final report information about individual coordinated with the delivery of the containing information and data of applications during the review process equipment or materials; and, interest to the Department of Health and until final funding decisions have been h. Accompany the equipment and Human Services, Congress, and other made. When these decisions have been supplies for the purpose of overseeing countries must be submitted to OGHA/ made, applicants will be notified by the distribution, installation, and HHS. The specifics as to the format and letter regarding the outcome of their training in partner institution. content of the final report and the applications. The official document HHS agrees to: summary will be sent to successful notifying an applicant that an a. Identify the funds necessary for the applicants. At minimum, the report application has been approved and acceptance of the necessary equipment should contain: funded is the Notice of Award, which in keeping with the approved budget; • A summary of the major activities specifies to the awardee the amount of and, supported under the agreement and the money awarded, the purpose of the b. Identify the funds or transportation major accomplishments resulting from agreement, the terms and conditions of necessary for the shipping of goods to activities to improve mortality in the agreement, and the amount of partner country. partner country. funding, if any, to be contributed by the All projects are required to have an • An analysis of the project based on awardee to the project costs. evaluation plan, consistent with the the problem(s) described in the scope of the proposed project and application and needs assessments, 2. Administrative and National Policy funding level that conforms to the performed prior to or during the project Requirements project’s stated goals and objectives. The period, including a description of the The regulations set out at 45 CFR evaluation plan should include both a specific objectives stated in the grant parts 74 and 92 are the Department of process evaluation to track the application and the accomplishments Health and Human Services (HHS) rules implementation of project activities and and failures resulting from activities and requirements that govern the an outcome evaluation to measure during the grant period. administration of grants. Part 74 is changes in knowledge and skills that Quarterly performance reports and the applicable to all recipients except those can be attributed to the project. Project final report may be submitted to: Ms. covered by part 92, which governs funds may be used to support Karen Campbell, Director, Office of awards to state and local governments. evaluation activities. Grants Management, OPHS, HHS, 1101 Applicants funded under this In addition to conducting their own Wootton Parkway, Suite 550, Rockville, announcement must be aware of and evaluation of their projects, successful MD 20852, phone (240) 453–8822.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52395
VII. Agency Contacts information that is required in the body DEPARTMENT OF HEALTH AND For assistance on administrative and of the application. Be sure to cross- HUMAN SERVICES budgetary requirements, please contact: reference all tables and attachments Centers for Disease Control and Ms. Karen Campbell, Director, Office of located in the appendices to the Prevention Grants Management, OPHS, HHS 1101 appropriate text in the application. Wootton Parkway, Suite 550, Rockville, Carefully proofread the application. [Program Announcement DP05–133] MD 20852, phone (240) 453–8822. Misspellings and grammatical errors For assistance with questions will impede reviewers in understanding Mind/Body Research and Chronic regarding program requirements, please the application. Be sure pages are Disease Conditions; Notice of Intent To contact: Dr. Amar Bhat, Asia-Pacific numbered (including appendices) and Fund a Sole Source Award Division, Office of Global Health Affairs, that page limits are followed. Limit the A. Purpose Office of the Secretary, Department of use of abbreviations and acronyms, and The Centers for Disease Control and Health and Human Services, 5600 define each one at its first use and Prevention (CDC) announces the intent Fishers Lane, Suite 18–101, Rockville, periodically throughout application. MD 20857. Phone Number: 301–443– to fund fiscal year (FY) 2005 funds for 1410. Dated: August 26, 2005. a grant program to support research on Mary Lou Valdez, the impact and effectiveness of VIII. Tips for Writing a Strong relaxation and stress reduction on Application Deputy Director for Policy, Office of Global Health Affairs. chronic health conditions. This Include DUNS Number. You must Cristina V. Beato, announcement will build on research include a DUNS Number to have your currently being conducted in this area application reviewed. Applications will Acting Assistant Secretary for Health, Office by the Beth Israel Deaconess Medical of Public Health and Science. not be reviewed without a DUNS Center (BIDMC), Mind/Body Medical number. To obtain a DUNS number, [FR Doc. 05–17546 Filed 9–1–05; 8:45 am] Institute (MBMI). The results from this access www.dunandbradstreet.com or BILLING CODE 4150–38–P study will continue to generate new call 1–866–705–5711. Please include the knowledge on the physiologic DUNS number next to the OMB mechanisms of the relaxation response, Approval Number on the application DEPARTMENT OF HEALTH AND mechanisms of acute changes, and face page. HUMAN SERVICES identification of those most likely to Keep your audience in mind. benefit in a specific clinical model. Federal Guidelines for Requesting, Reviewers will use only the information The Catalog of Federal Domestic contained in the application to assess Stockpiling, Distributing Potassium Assistance number for this program is the application. Be sure the application Iodide (KI) From the Strategic National 93.283. and responses to the program Stockpile (SNS); Correction requirements and expectations are B. Eligible Applicant complete and clearly written. Do not AGENCY: Office of Public Health Assistance will be provided only to assume that reviewers are familiar with Emergency Preparedness (OPHEP), the Beth Israel Deaconess Medical the applicant organization. Keep the HHS. Center (BIDMC), Mind/Body Medical review criteria in mind when writing SUMMARY: This document corrects the Institute (MBMI), Harvard Medical the application. notice that appeared in the Federal School, 824 Boylston Street, Chestnut Start preparing the application early. Register on August 29, 2005, (70 FR Hill, MA 02467. No other applications Allow plenty of time to gather required 51065), entitled ‘‘Federal Guidelines for will be solicited. information from various sources. Requesting, Stockpiling, Distributing The BIDMC, MBMI is specifically Follow the instructions in this Potassium Iodide (KI) From the Strategic referenced in the House of guidance carefully. Place all information National Stockpile (SNS)’. Representatives 2nd Session Conference in the order requested in the guidance. Report 108–792. Page 1161 of the report If the information is not placed in the We inadvertently omitted the DATES states: ‘‘Within amounts provided for requested order, you may receive a section of the notice to inform the Community Health Promotion: * * * lower score. public of how long we will be receiving $1,974,000 is for the Mind-Body Be brief, concise, and clear. Make comments. Institute in Boston, Massachusetts to your points understandable. Provide We are adding the DATES section to continue practice-based assessments, accurate and honest information, read as follows: identification, and study of promising including candid accounts of problems and heavily-used mind/body practices.’’ and realistic plans to address them. If DATES: Submit comments on or before The BIDMC, MBMI is a non-profit any required information or data is November 1, 2005. scientific and educational organization omitted, explain why. Make sure the Robert G. Claypool, dedicated to the study of mind/body information provided in each table, interactions, including the relaxation Deputy Assistant Secretary, Office of Public, response. The institute uses its expertise chart, attachment, etc., is consistent Health Emergency Preparedness. with the proposal narrative and to enhance the recognition and [FR Doc. 05–17556 Filed 9–1–05; 8:45 am] information in other tables. understanding of mind/body medicine’s Be organized and logical. Many BILLING CODE 4150–37–P role in the practice of medicine to foster applications fail to receive a high score and expand the uses of mind/body because the reviewers cannot follow the interaction in health care and other thought process of the applicant or appropriate settings, thereby advancing because parts of the application do not health and well-being throughout the fit together. world. Today over 9,000 patients Be careful in the use of appendices. throughout the United States participate Do not use the appendices for in the institutes clinical programs.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52396 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
The MBMI is the foundation of mind/ DEPARTMENT OF HEALTH AND 4. TACAIDS and ZAC have a mandate body medicine as practiced at the HUMAN SERVICES under the Tanzanian Constitution to BIDMC, MBMI. It is based on the work coordinate multi-sectoral activities of Herbert Benson, MD and colleagues at Centers for Disease Control and necessary for the national response to Harvard Medical School. Their Prevention HIV/AIDS. An Act of Parliament pioneering research led to the definition [Request for Application (RFA) AA084] mandates TACAIDS and ZAC to of the relaxation response. The BIDMC, monitor and evaluate multi-sectoral MBMI trains health care professionals Enhancement and Integration of Health HIV/AIDS activities in the United from the U.S. and around the world in Sector HIV/AIDS Strategic Information Republic of Tanzania. their highly successful clinical into the National Multi-Sectoral HIV/ C. Funding techniques. AIDS Monitoring and Evaluation System of the United Republic of The mission of the BIDMC, MBMI, its Approximately $500,000 is available Tanzania as Part of the President’s long history of research in relaxation in FY 2005 to fund this award to the two Emergency Plan for AIDS Relief; response, and the institution’s extensive identified organizations. It is expected Notice of Intent To Fund Limited that the awards will begin on or before network of resources make it highly Eligibility Award probable that the BIDMC, MBMI will October 15, 2005, and will be made for successfully achieve the activities A. Purpose a 12-month budget period within a identified in Section 1 of this RFA; The Centers for Disease Control and project period of up to four years. therefore, it is the only eligible Prevention (CDC) announces the intent Funding estimates may change. organization to conduct the research to award fiscal year (FY) 2005 funds for D. Where To Obtain Additional supported by this RFA. a cooperative agreement program to Information C. Funding enhance integration of health-sector HIV/AIDS strategic information into the For general comments or questions Approximately $1,916,915 is available national multi-sectoral HIV/AIDS about this announcement, contact: in FY 2005 to fund this award database linked to the Country Response Technical Information Management, September 30, 2005 and will be made Information System (CRIS) in the United Procurement and Grants Office, Centers for a 12-month budget period within a Republic of Tanzania. for Disease Control and Prevention project period of up to three years. The Catalog of Federal Domestic (CDC), 2920 Brandywine Road, Atlanta, Funding estimates may change. Assistance number for this program is GA 30341–4146, Telephone: 770–488– 93.067. 2700. D. Where To Obtain Additional Information B. Eligible Applicant For program technical assistance, Assistance will only be provided to contact: Cecil Threat, Project Officer, For general comments or questions the Tanzania AIDS Commission Global AIDS Program, c/o American about this announcement, contact: (TACAIDS) and the Zanzibar AIDS Embassy-HHS/CDC, 2140 Dar es Salaam Technical Information Management, Commission (ZAC). No other Place, Washington, DC 20521–2140, CDC Procurement and Grants Office, applications are solicited. Telephone: 255 22 212 1407, Cellphone: 2920 Brandywine Road, Atlanta, GA TACAIDS and ZAC are currently the 255 744 222986, Fax: 255 22 212 1462. 30341–4146, Telephone: 770–488–2700. only appropriate and qualified E-mail: [email protected]. organizations to conduct a specific set of For technical questions about this For financial, grants management, or program, contact: Brenda Colley Gilbert, activities to support the enhancement and integration of health sector HIV/ budget assistance, contact: Diane Project Officer, 4770 Buford Highway Flournoy, Grants Management N.E., Mailstop K–92, Atlanta, GA 30341, AIDS strategic information into the national multi-sectoral HIV/AIDS M&E Specialist, Procurement and Grants Telephone: 770–488–8390, E-mail: Office, Centers for Disease Control and [email protected]. system in the United Republic of Tanzania for the following reasons: Prevention (CDC), 2920 Brandywine Dated: August 29, 2005. 1. TACAIDS and ZAC are uniquely Road, Atlanta, GA 30341, Telephone: William P. Nichols, positioned, in terms of legal authority, 770–488–2072, E-mail: Director, Procurement and Grants Office, ability, and credibility among [email protected]. Centers for Disease Control and Prevention. Tanzanian citizens, to coordinate the Dated: August 29, 2005. [FR Doc. 05–17492 Filed 9–1–05; 8:45 am] implementation of zonal initiatives for William P. Nichols, BILLING CODE 4163–18–P HIV/AIDS prevention, treatment, and care. Director, Procurement and Grants Office, Centers for Disease Control and Prevention. 2. TACAIDS and ZAC have developed national HIV/AIDS policies; a national [FR Doc. 05–17491 Filed 9–1–05; 8:45 am] multi-sectoral HIV/AIDS strategic BILLING CODE 4163–18–P framework, and strategic plans for enhancing national systems for collection of strategic information and M&E of HIV/AIDS in Tanzania, which allows TACAIDS and ZAC to immediately become engaged in the activities listed in this announcement. 3. The purpose of the announcement is to build upon the existing framework of health policy and programming that TACAIDS and ZAC have initiated.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52397
DEPARTMENT OF HEALTH AND estimate or any other aspect of this beneficiaries and their families about HUMAN SERVICES collection of information, including any long-term care needs. Project findings of the following subjects: (1) The will be used to design and implement a Centers for Disease Control and necessity and utility of the proposed nationwide campaign. Respondents will Prevention information collection for the proper be from ages 50–70; Form Number: performance of the agency’s functions; CMS–10041 (OMB#: 0938–0847); Disease, Disability, and Injury (2) the accuracy of the estimated Frequency: One-time; Affected Public: Prevention and Control Special burden; (3) ways to enhance the quality, Individuals or Households; Number of Emphasis Panel: Understanding Social utility, and clarity of the information to Respondents: 4,500; Total Annual Disparities in Chronic Disease Health be collected; and (4) the use of Responses: 4,500; Total Annual Hours: Outcomes, Program Announcement automated collection techniques or 1,350. Number DP–05–132; Correction other forms of information technology to To obtain copies of the supporting statement and any related forms for the Correction: Notice of program minimize the information collection proposed paperwork collections announcement number DP–05–132 was burden. We are, however, requesting an referenced above, access CMS’ Web site published in the Federal Register on emergency review of the information address at http://www.cms.hhs.gov/ August 12, 2005, Volume 70, Number collection referenced below. In regulations/pra or E-mail your request, 155, pages 47214–47215. The meeting compliance with the requirement of including your address, phone number, has been cancelled. section 3506(c)(2)(A) of the Paperwork OMB number, and CMS document Time and Date: 3 p.m.–5 p.m., Reduction Act of 1995, we have identifier, to [email protected], September 1, 2005 (Closed). submitted to the Office of Management or call the Reports Clearance Office on Meeting Location: Teleconference. and Budget (OMB) the following (410) 786–1326. For Further Information Contact: requirements for emergency review. We Interested persons are invited to send Gwen Cattledge, PhD, Scientific Review are requesting an emergency review comments regarding the burden or any Administrator, National Center for because the collection of this other aspect of these collections of Chronic Disease Prevention and Health information is needed before the information requirements. However, as Promotion, 4770 Buford Highway, MS– expiration of the normal time limits noted above, comments on these K92, Atlanta, GA 30341, Telephone under OMB’s regulations at 5 CFR part information collection and (770) 488–4655. 1320. This is necessary to ensure recordkeeping requirements must be The Director, Management Analysis compliance with an initiative of the received by the designees referenced and Services Office, has been delegated Administration. below by October 1, 2005: the authority to sign Federal Register The mandate for the collection of notices pertaining to announcements of Centers for Medicare & Medicaid information for the Long-Term Care Services, Office of Strategic meetings and other committee Awareness Project originates with a management activities, for both CDC Operations and Regulatory Affairs, presidential initiative in the FY 2000 Room C4–26–05, 7500 Security and the Agency for Toxic Substances budget for CMS. The overall goal of this and Disease Registry. Boulevard, Baltimore, MD 21244– initiative is to help Americans and their 1850, Attn: Melissa Musotto, CMS– Diane Allen, families with long-term health needs 10041, and, Director, Acting Management Analysis and through a ‘‘national campaign to OMB Human Resources and Housing Services Office, Centers for Disease Control educate Medicare beneficiaries about Branch, Attention: Christopher and Prevention. coverage available under the new Martin, New Executive Office [FR Doc. 05–17592 Filed 8–31–05; 11:41 am] program and how to evaluate long-term Building, Room 10235, Washington, BILLING CODE 4163–18–P care options.’’ Current and future DC 20503. beneficiaries now have the opportunity to receive information from a wide Dated: August 25, 2005. Michelle Shortt, DEPARTMENT OF HEALTH AND variety of printed material, telephone HUMAN SERVICES information, and other electronic Director, Regulations Development Group, resources. This collection of information Office of Strategic Operations and Regulatory Centers for Medicare & Medicaid is necessary to design and test evidence- Affairs. Services based communication strategies for a [FR Doc. 05–17524 Filed 9–1–05; 8:45 am] national campaign to address the long- BILLING CODE 4120–03–P [Document Identifier: CMS–10041] term health care planning needs of all Emergency Clearance: Public Americans. CMS is requesting OMB review and DEPARTMENT OF HEALTH AND Information Collection Requirements HUMAN SERVICES Submitted to the Office of Management approval of this collection by October 3, and Budget (OMB) 2005, with a 180-day approval period. Food and Drug Administration Written comments and AGENCY: Centers for Medicare & recommendations will be accepted from [Docket No. 2005N–0335] Medicaid Services. the public if received by the individuals In compliance with the requirement designated below by October 1, 2005. Agency Information Collection of section 3506(c)(2)(A) of the Type of Information Collection Activities; Proposed Collection; Paperwork Reduction Act of 1995, the Request: Reinstatement, with change, of Comment Request; Medical Device Centers for Medicare & Medicaid a previously approved collection for Recall Authority services (CMS), Department of Health which approval has expired; Title of AGENCY: Food and Drug Administration, and Human Services, is publishing the Information Collection: Long-Term Care HHS. following summary of proposed Awareness Campaign Demonstration ACTION: Notice. collections for public comment. Project; Use: Data will be collected to Interested persons are invited to send pilot test a national campaign to educate SUMMARY: The Food and Drug comments regarding this burden current and future Medicare Administration (FDA) is announcing an
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52398 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
opportunity for public comment on the U.S.C. 3506(c)(2)(A)) requires Federal and device-user facilities of the order, proposed collection of certain agencies to provide a 60-day notice in and to instruct such professionals and information by the agency. Under the the Federal Register concerning each facilities to cease use of such device, if Paperwork Reduction Act of 1995 (the proposed collection of information, FDA finds that there is reasonable PRA), Federal agencies are required to including each proposed extension of an probability that the device intended for publish notice in the Federal Register existing collection of information, human use would cause serious adverse concerning each proposed collection of before submitting the collection to OMB health consequences or death. information, including each proposed for approval. To comply with this Section 518(e) of the act sets out a extension of an existing collection of requirement, FDA is publishing notice three-step procedure for issuance of a information, and to allow 60 days for of the proposed collection of mandatory device recall order. First, if public comment in response to the information set forth in this document. there is a reasonable probability that a notice. This notice solicits comments on With respect to the following device intended for human use would medical device recall authority. collection of information, FDA invites cause serious, adverse health DATES: Submit written or electronic comments on these topics: (1) Whether consequences or death, FDA may issue comments on the collection of the proposed collection of information a cease distribution and notification information by November 1, 2005. is necessary for the proper performance order requiring the appropriate person ADDRESSES: Submit electronic of FDA’s functions, including whether to immediately do the following: (1) comments on the collection of the information will have practical Cease distribution of the device, (2) information to: http://www.fda.gov/ utility; (2) the accuracy of FDA’s notify health professionals and device dockets/ecomments. Submit written estimate of the burden of the proposed user facilities of the order, and (3) comments on the collection of collection of information, including the instruct those professionals and information to the Division of Dockets validity of the methodology and facilities to cease use of the device. Management (HFA–305), Food and Drug assumptions used; (3) ways to enhance Second, FDA will provide the person Administration, 5630 Fishers Lane, rm. the quality, utility, and clarity of the named in the cease distribution and 1061, Rockville, MD 20852. All information to be collected; and (4) notification order with the opportunity comments should be identified with the ways to minimize the burden of the for an informal hearing on whether the docket number found in brackets in the collection of information on order should be modified, vacated, or heading of this document. respondents, including through the use amended to require a mandatory recall of automated collection techniques, of the device. Third, after providing the FOR FURTHER INFORMATION CONTACT: when appropriate, and other forms of opportunity for an informal hearing, Peggy Robbins, Office of Management information technology. FDA may issue a mandatory recall order Programs (HFA–250), Food and Drug if the agency determines that such an Administration, 5600 Fishers Lane, Medical Device Recall Authority—21 order is necessary. Rockville, MD 20857, 301–827–1223. CFR Part 810 (OMB Number 0910– The information collected under the 0432)—Extension SUPPLEMENTARY INFORMATION: Under the recall authority will be used by FDA to PRA (44 U.S.C. 3501–3520), Federal This collection implements medical ensure that all devices entering the agencies must obtain approval from the device recall authority provisions under market are safe and effective, to Office of Management and Budget section 518(e) of the Federal Food, Drug, accurately and immediately detect (OMB) for each collection of and Cosmetic Act (the act) (21 U.S.C. serious problems with medical devices, information they conduct or sponsor. 360h) and part 810 (21 CFR part 810). and to remove dangerous and defective ‘‘Collection of information’’ is defined Section 518(e) of the act gives FDA the devices from the market. in 44 U.S.C. 3502(3) and 5 CFR authority to issue an order requiring the The respondents to this proposed 1320.3(c) and includes agency requests appropriate person, including collection of information are or requirements that members of the manufacturers, importers, distributors, manufacturers, importers, distributors, public submit reports, keep records, or and retailers of a device, to immediately and retailers of medical devices. provide information to a third party. cease distribution of such device, to FDA estimates the burden of this Section 3506(c)(2)(A) of the PRA (44 immediately notify health professionals collection of information as follows:
TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1
No. of Annual Frequency Total Annual Hours per 21 CFR Section Respondents per Response Responses Response Total Hours
810.10(d) 2 1 2 8 16
810.11(a) 1 1 1 8 8
810.12(a) and (b) 1 1 1 8 8
810.14 2 1 2 16 32
810.15(a) through (d) 2 1 2 16 32
810.15(e) 10 1 10 1 10
810.16 2 12 24 40 960
810.17 2 1 2 8 16
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52399
TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1—Continued
No. of Annual Frequency Total Annual Hours per 21 CFR Section Respondents per Response Responses Response Total Hours
Total 1,082 1There are no capital costs or operating and maintenance costs associated with this collection of information.
The following burden estimates are written request for termination of a Following this discussion, the based on FDA’s experience with cease distribution and notification or committee will hear an overview of the voluntary recalls under 21 CFR part 7. mandatory recall order. research programs in the Laboratory of FDA expects no more than two Dated: August 26, 2005. Hemostasis and the Laboratory of Plasma Derivatives, Division of mandatory recalls per year, as most Jeffrey Shuren, recalls are done voluntarily. Hematology, Office of Blood Research Section 810.10(d)—FDA estimates Assistant Commissioner for Policy. and Review, Center for Biologics that it will take approximately 8 hours [FR Doc. 05–17499 Filed 9–1–05; 8:45 am] Evaluation and Research (CBER), and in for the person named in a cease BILLING CODE 4160–01–S closed session will discuss the report distribution and notification order to from the laboratory site visit of February gather and submit the information 25, 2005. required by this section. The total DEPARTMENT OF HEALTH AND Procedure: On September 29, 2005, estimated annual burden is 16 hours. HUMAN SERVICES from 8 a.m. to 4:15 p.m., the meeting is open to the public. Interested persons Section 810.11(a)—Based on Food and Drug Administration experience in similar situations, FDA may present data, information, or views, expects that there will be only one Blood Products Advisory Committee; orally or in writing, on issues pending request for a regulatory hearing per year Notice of Meeting before the committee. Written and that it will take approximately 8 submissions may be made to the contact hours to prepare this request. AGENCY: Food and Drug Administration, person by September 22, 2005. Oral Section 810.12(a) and (b)—Based on HHS. presentations from the public will be experience in similar situations, FDA ACTION: Notice. scheduled between approximately 11:15 expects that there will be only one a.m. and 12:15 p.m. Time allotted for written request for a review of a cease This notice announces a forthcoming each presentation may be limited. Those distribution and notification order per meeting of a public advisory committee desiring to make formal oral year and that it will take approximately of the Food and Drug Administration presentations should notify the contact 8 hours to prepare this request. (FDA). At least one portion of the person before September 22, 2005, and Section 810.14—Based upon its meeting will be closed to the public. submit a brief statement of the general experience with voluntary recalls, FDA Name of Committee: Blood Products nature of the evidence or arguments estimates that it will take approximately Advisory Committee. they wish to present, the names and 16 hours to develop a strategy for General Function of the Committee: addresses of proposed participants, and complying with the order. To provide advice and an indication of the approximate time Section 810.15(a) through (d)—Based recommendations to the agency on requested to make their presentation. upon its experience with voluntary FDA’s regulatory issues. Closed Committee Deliberations: On recalls, FDA estimates that it will take Date and Time: The meeting will be September 29, 2005, from approximately 16 hours to notify each held on September 29, 2005, from 8 a.m. approximately 4:15 p.m. to 5 p.m., the health professional, user facility, or to 5 p.m. meeting will be closed to permit individual of the order. Location: Food and Drug discussion where disclosure would Section 810.15(e)—Based upon its Administration, conference room 1066, constitute a clearly unwarranted experience with voluntary recalls, FDA 5630 Fishers Lane, Rockville, MD. invasion of personal privacy (5 U.S.C. estimates that there will be Contact Person: Donald W. Jehn or 552b(c)(6)). The committee will discuss approximately 5 consignees per recall Pearline K. Muckelvene, Center for a review of internal research programs (10 per year) who will be required to Biologics Evaluation and Research in the Division of Hematology, Office of notify their consignees of the order. (HFM–71), Food and Drug Blood Research and Review, Center for FDA estimates that it will take them Administration, 1401 Rockville Pike, Biologics Evaluation and Research. about 1 hour to do so. Rockville, MD 20852, 301–827–0314, or Persons attending FDA’s advisory Section 810.16—FDA estimates that it FDA Advisory Committee Information committee meetings are advised that the would take no more than 40 hours to Line, 1–800–741–8138 (301–443–0572 agency is not responsible for providing assemble and prepare a written status in the Washington, DC area), code access to electrical outlets. report required by a recall. The status 3014519516. Please call the Information FDA welcomes the attendance of the reports are prepared by manufacturers 6 Line for up-to-date information on this public at its advisory committee to 12 times each year. Therefore, each meeting. meetings and will make every effort to manufacturer would spend no more Agenda: On September 29, 2005, the accommodate persons with physical than 480 hours each year preparing committee will discuss new drug disabilities or special needs. If you status reports. If there were two FDA application (NDA) 21–882 proposed require special accommodations due to invoked recalls each year, the total trade name EXJADE (deferasirox) a disability, please contact Donald Jehn burden hours estimated would be 960 Tablets for Oral Suspension, Novartis or Pearline K. Muckelvene at least 7 hours each year. Pharmaceutical Corp., proposed for the days in advance of the meeting. Section 810.17—Based on experience indication of the treatment of chronic Notice of this meeting is given under with similar procedures, FDA estimates iron overload due to blood transfusions the Federal Advisory Committee Act (5 that it would take 8 hours to draft a (transfusional hemosiderosis). U.S.C. app. 2).
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52400 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Dated: August 26, 2005. reporting burden is as follows: DEPARTMENT OF HEALTH AND Scott Gottlieb, Estimated Number of Respondents: HUMAN SERVICES Deputy Commissioner for Policy. 42,800; Estimated Number of Responses [FR Doc. 05–17470 Filed 9–1–05; 8:45 am] per Respondent: 1.60; Average Burden National Institutes of Health Hours Per Response: 3.40; and BILLING CODE 4160–01–S Government-Owned Inventions; Estimated Total Annual Burden Hours Availability for Licensing: Selected Request: 232,000. DEPARTMENT OF HEALTH AND Technologies From the NIH Cancer Request for Comments: Written HUMAN SERVICES Therapeutics Portfolio comments and/or suggestions from the AGENCY: National Institutes of Health, National Institutes of Health public and affected agencies are invited on one or more of the following points: Public Health Service, HHS. Proposed Collection: Comment (1) Whether the proposed collection of ACTION: Notice. Request; Extension of OMB No. 0925– information is necessary for the proper SUMMARY: The inventions listed below 0417/exp. 08/31/05, Responsibility of performance of the function of the are owned by an agency of the U.S. Applicants for Promoting Objectivity in agency, including whether the Government and are available for Research for Which Public Health information will have practical utility; licensing in the U.S. in accordance with Service Funding Is Sought and (2) the accuracy of the agency’s estimate 35 U.S.C. 207 to achieve expeditious Responsible Prospective of the burden of the proposed collection commercialization of results of Contractors—42 CFR Part 50, of information, including the validity of federally-funded research and Subpart F the methodology and assumptions used; development. Foreign patent Summary: In compliance with the (3) ways to enhance the quality, utility, applications are filed on selected requirement of Section 3507(a)(1)(D) of and clarity of the information to be inventions to extend market coverage the Paperwork Reduction Act of 1995, collected; and (4) ways to minimize the for companies and may also be available the Office of the Director (OD), Office of burden of the collection of information for licensing. Extramural Research (OER), the on those who are to respond, including ADDRESSES: Licensing information and National Institutes of Health (NIH) has the use of appropriate automated, copies of the U.S. patent applications submitted to the Office of Management electronic, mechanical, or other listed below may be obtained by and Budget (OMB) a request for review technological collection techniques or contacting George G. Pipia, Ph.D., and approval of the information other forms of information technology. Technology Licensing Specialist, Office collection listed below. Proposed Direct Comments to OMB: Written of Technology Transfer, National information collection was previously Institutes of Health, 6011 Executive comments and/or suggestions regarding published in the Federal Register on Boulevard, Suite 325, Rockville, the item(s) contained in this notice, May 12, 2005, Volume 70, No. 91, page Maryland 20852; telephone: 301/435– especially regarding the estimated 25095 and allowed 60 days for public 5560; fax: 301/402–0220; e-mail: comment. No public comments were public burden and associated response [email protected]. A signed received. The purpose of this notice is time should be directed to the Office of Confidential Disclosure Agreement will to allow an additional 30 days for public Management and Budget, Office of be required to receive copies of the comment. The National Institutes of Regulatory Affairs, New Executive patent applications. Health may not conduct or sponsor, and Office Building, Room 10235, the respondent is not required to Washington, DC 20503, Attention: Desk Antitumor Macrocyclic Lactones respond to, an information collection Officer for NIR. To request more Michael R. Boyd (NCI). that has been extended, revised, or information on the proposed project or U.S. Patent No. 6,353,019 issued 05 Mar implemented on or after October 1, to obtain a copy of the data collection 2002 (HHS Reference No. E–244– 1995, unless it displays a currently valid plans and instruments, contact Ms. 1997/0–US–07) and related foreign OMB control number. Diane Dean, Division of Grants Policy, patent applications. Proposed Collection: Title: Office of Policy for Extramural Research Vacuolar-Type (H+)-ATPase-Inhibiting Responsibility of Applicants for Administration, NIH, Rockledge 1 Compounds and Uses Thereof Promoting Objectivity in Research for Building, Room 3525, 6705 Rockledge Which Public Health Service Funding Is Drive, Bethesda, MD 20892–7974, or Michael R. Boyd (NCI). U.S. Patent Application No. 09/914,708 Sought and Responsible Prospective call non-toll-free number 301–435– filed 31 Aug 2001 (HHS Reference No. Contractors—42 CFR Part 50, Subpart F; 0930, or E-mail your request, including E–244–1997/3–US–06) and related Type of Information Collection Request: your address to: [email protected]. Extension, OMB 0925–0417, Expiration foreign patent applications. Date 8/31/05. Need and Use of Comments Due Date: Comments This technology covers a broad Information Collection: This is a request regarding this information collection are composition of matter which includes for OMB approval for the information best assured of having their full effect if the salicylihalamides, lobatamides, and collection and recordkeeping received within 30 days of the date of numerous other structurally related requirements contained in the final rule this publication. small molecules which have been 42 CFR Part 50 Subpart F and Dated: August 25, 2005. shown to inhibit mammalian vacuolar Responsible Contractors: 45 CFR Part Charles Mackay, ATPase at low nanomolar 94. Frequency of response: On occasion. concentrations. The compounds are also Affected Public: Individuals or Chief, Project Clearance Branch, OPERA, potent inhibitors of cancer cell growth, OER, National Institutes of Health. households; business or other for-profit; with particular specificity for not-for-profit institutions; and State, [FR Doc. 05–17458 Filed 9–1–05; 8:45 am] melanoma, osteosarcoma and selected Local or Tribal Government. Type of BILLING CODE 4140–01–M lung, colon and CNS tumor cell lines. Respondents: Any public or private Experimental tumor and entity or organization. The annual pharmacokinetic studies are underway
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52401
to select the most effective analogs for killing cancer cells or by expressing binding affinity. The claims of the further development. The potential of therapeutic agents in cancer cells while current application are directed to these compounds to inhibit invasion sparing normal, non-dividing cells. compositions of matter and methods of and metastasis to bone sites is also This research is described, in part, in: use which provide for the diagnosis, under investigation. E. Chang et al., ‘‘Targeting vaccinia to testing and treatment of the In addition to licensing, the solid tumors with local hyperthermia,’’ aforementioned disease states. technology is available for further Hum Gene Ther. 2005 Apr, 16(4):435– SH2 Domain Binding Inhibitors development through collaborative 44; J.A. McCart, ‘‘Oncolytic vaccinia research opportunities with the virus expressing the human Terrence R. Burke, Jr., et al. (NCI). inventors. somatostatin receptor SSTR2: molecular U.S. Provisional Application No. 60/ imaging after systemic delivery using 504,241 filed 18 Sep 2003 (HHS Novel 2-Alkoxy Estradiols and 111In-pentetreotide,’’ Mol Ther. 2004 Reference No. E–315–2003/0–US–01). Derivatives Thereof Sep, 10(3):553–61; H.J. Zeh, U.S. Patent Application No. 10/944,699 Ravi Varma (NCI), et al. ‘‘Development of a replication-selective, filed 17 Sep 2004 (HHS Reference No. U.S. Patent No. 6,136,992 issued 24 Oct oncolytic poxvirus for the treatment of E–315–2003/0–US–02). 2000 (HHS Reference No. E–188– human cancers,’’ Cancer Gene Ther. The present invention provides for 1998/1–US–01). 2002 Dec, 9(12):1001–12; J.A. McCart, ultra-potent Grb2 SH2 domain-binding The present invention is directed to ‘‘Systemic cancer therapy with a tumor- compounds, or a pharmaceutically novel 2-alkoxy estradiols and selective vaccinia virus mutant lacking acceptable salt thereof. The compounds derivatives of 2-alkoxy estradiols having thymidine kinase and vaccinia growth of the present invention represent anticancer activity as claimed in the factor genes,’’ Cancer Res. 2001 Dec 15, tetrapeptide mimetics whose U.S. Patent 6,136,992. The invention is 61(24):8751–7. conformation is constrained through also directed to methods of preparing SH2 Domain Binding Inhibitors macrocyclization. Low picomolar these novel compounds. These Terrence R. Burke, Jr., et al. (NCI). binding affinity is achieved in in vitro compounds have improved activity U.S. Patent Application No. 10/362,231 Grb2 SH2 domain binding assays. against a wide variety of tumor cell filed 22 Aug 2001, claiming priority to Addition of the covered agent to the lines, including lung, colon, central 22 Aug 2000 (HHS Reference No. E– extracellular media of erbB–2 over- nervous system, melanoma, ovarian, 262–2000/0–US–03). expressing breast cancer cells at low renal, prostate and breast cancers, U.S. Patent Application No. 10/517,717 nanomolar concentrations results in compared with 2-methoxy estradiols. It filed 17 Mar 2005, claiming priority to effective intracellular blockade of Grb2 is expected that these compounds will 28 Jun 2002 (HHS Reference No. E– association with activated cytoplasmic be very useful in the treatment of a wide 262–2000/1–US–03). erbB–2 tyrosine kinase. Antimitogenic variety of cancers. In addition, the Signal transduction processes effects are observed in erbB–2- present compounds have a low affinity underlie the transfer of extracellular dependent breast cancer cells in culture for the estrogen receptor and are, information to the interior of the cell at sub-micromolar concentrations. The therefore, expected to have fewer side and ultimately to the nucleus. A variety present invention further provides a effects than estradiols. of signal transduction processes are pharmaceutical composition comprising In addition to licensing, the critical for normal cellular homeostasis, a pharmaceutically or technology is available for further with protein-tyrosine kinases (PTKs) pharmacologically acceptable carrier development through clinical playing central roles in many of these and a compound of the present collaborative research opportunities pathways. Examples of such PTKs invention. The present invention also with the inventors under a clinical include the PDGF receptor, the FGF provides a method for inhibiting an SH2 CRADA. receptor, the HGF receptor, members of domain from binding with a phosphoproteins comprising contacting A Combined Growth Factor-Deleted the EGF receptor family, such as the an SH2 domain with a compound of the and Thymidine Kinase-Deleted EGF receptor, erb-B2, erb-B3 and erb-B4, present invention. The present Vaccinia Virus Vector for Cancer the src kinase family, Fak kinase and the invention also provides a method of Therapy Jak kinase family. Protein-tyrosine phosphorylation that results from the preventing or treating a disease, state, or J. Andrea McCart (NCI), David L. action of PTKs can modulate the activity condition by the use of the compound. Bartlett (NCI), and Bernard Moss of certain target enzymes as well as While the invention has been described (NIAID). facilitate the formation of specific multi- and disclosed below in connection with U.S. Patent Application No. 09/991,721 protein signaling complexes through the certain embodiments and procedures, it filed 13 Nov 2001, claiming priority to actions of homologous protein modules is not intended to limit the invention to 28 May 1999 (HHS Reference No. E– termed Src homology 2 (SH2) domains, those specific embodiments. Rather it is 181–1999/0–US–05). which recognize specific intended to cover all such alternative Tumor-selective, replicating viruses phosphotyrosyl containing sequences. A embodiments and modifications as fall may infect and kill cancer cells and malfunction in this system through within the spirit and scope of the efficiently express therapeutic genes in tyrosine kinase overexpression and/or invention. cancer cells. The current invention deregulation can be manifested by This research is described, in part, in: embodies mutant vaccinia virus various oncogenic and Z. Shi et al., ‘‘A novel macrocyclic expression vectors. These vectors, hyperproliferative disorders, including tetrapeptide mimetic that exhibits low- which are vaccinia virus growth factor- cancers, inflammation, autoimmune picomolar Grb2 SH2 domain-binding deleted and thymidine-kinase deleted, disease, hyperproliferative skin affinity,’’ Biochem. Biophys. Res. are substantially incapable of replicating disorders, psoriasis and allergy/asthma, Commun. (2003 Oct 17) 310(2):378–383, in non-dividing cells, and as such have etc. The disclosed compounds, e.g. doi:10.1016/j.bbrc.2003.09.029; Z. Shi et specificity for cancer cells. It is therefore peptides, preferably, macrocyclic al., ‘‘Synthesis of a 5-methylindolyl- believed that the vectors will be of value peptides, are Grb2 SH2 domain containing macrocycle that displays for cancer therapy either by directly signaling antagonists with enhanced ultrapotent Grb2 SH2 domain-binding
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52402 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
affinity,’’ J. Med. Chem. (2004 Feb 12) therapy. Targeted delivery of anti- groups that modify DNA, either by 47(4):788–791, doi:10.1021/jm030440b. proliferation drugs through the cell sequence-selective alkylation or strand surface receptors that are over expressed cleavage. The DNA-modifying moieties A New Approach Toward on cancer cells can reduce systemic that are used for this purpose are novel Macrocyclization of Peptides toxicity and increase effectiveness of a derivatives based on the Terrence R. Burke, Jr., et al. (NCI). treatment. cyclopropylbenzindole (CBI) core U.S. Provisional Application No. 60/ The present invention describes structure. These compounds alkylate the 614,800 filed 30 Sep 2004 (HHS cytotoxic compounds with an DNA only when bound into the minor Reference No. E–327–2004/0–US–01). intracellular target that can selectively groove, and they provide some DNA- The invention relates to cyclic enter tumor cells through specific sequence recognizing capability of their peptides for use as inhibitors of receptors on the cell surface. The own. The DNA-modifying agents are oncogenic signal transduction for cancer invention also describes a conjugate either embedded in the polyamide chain therapy. The current invention discloses comprising a cytotoxic agent, a linker as components of the chain or are novel cyclic peptides resulting from ring arm and a ligand capable of delivering located at the termini. These closure between the alpha and beta a cytotoxic agent in a cell specific compounds are highly toxic to cancer positions of C-terminal and N-terminal manner. Such conjugates of a cytotoxic cells that over-express a targeted DNA residues, respectively. This allows agent and a ligand (delivery moiety) sequence (e.g. the c-Myc oncogene retention of key functionality needed for have increased selectivity for tumor promoter sequence) and are much less binding to target proteins, which results cells. The toxic moiety and the ligand toxic to non-cancerous tissue. The in increased affinity. are joined by a linker arm that is stable compounds of the present invention Cyclic peptides that retain key in circulation, but is easily cleaved in represent a novel method for targeting chemical functionality may be of lysosomes upon internalization of the DNA of cancer cells. particular importance in inhibiting conjugate. A panel of compounds In addition to licensing, the oncogenic signaling cascades for comprised of a variety of cytotoxic technology is available for further therapeutic benefit. In many oncogenic warheads, against various intracellular development through collaborative signal transduction cascades, tyrosine targets linked to an assortment of research opportunities with the protein kinases phosphorylated target ligands, has been developed and tested inventors. in a model system. Ligand moieties of proteins. Propagation of the signal is New Building Blocks for DNA Binding these conjugates are capable of specific achieved when these phosphorylated Agents delivery of cytotoxic agents to receptors tyrosyl residues are bound by proteins that are frequently over expressed in Zoltan Szekely et al. (NCI). bearing SH2 domains. Cyclic peptides gastric, colon, lung, breast, ovarian and U.S. Provisional Application No. 60/ that disrupt the interaction between pancreatic tumors. These compounds 508,543 filed 03 Oct 2003 (HHS proteins with SH2 domains and proteins have the potential to be highly effective Reference No. E–291–2003/0–US–01). with phosphorylated tyrosyl residues anti-tumor agents with considerably PCT Application No. PCT/US04/32617 could block oncogenic signals and serve little negative effect. This disclosed filed 01 Oct 2004, which published as as powerful cancer therapeutic agents. technology could provide new and WO 2005/032594 on 14 Apr 2005 As several moieties are required for exciting methodologies to treat cancer. (HHS Reference No. E–291–2003/0– optimal recognition by SH2 domains, In addition to licensing, the PCT–02). the cyclic peptides of the current technology is available for further There remains a need for therapeutic invention could be more effective development through collaborative conjugates that have improved inhibitors of SH2 domain proteins, or of research opportunities with the antitumor selectivity and nucleic acid other proteins where increased inventors. sequence-binding specificity. Ideally specificity is desired. The inventors such conjugates will have fewer side have determined that the peptides of the DNA-Binding Polyamide Drug effects and lower cytotoxicity to healthy current invention bind to the Grb2-SH2 Conjugates cells and tissues. The knowledge of the domain with high affinity, supporting Zoltan Szekely, Humcha K. geometry of conjugates allows for a their potential use as therapeutic agents. Hariprakasha, Marek W. Cholody, rational design of therapeutic The current invention is related to U.S. Christopher J. Michejda (NCI). conjugates, ones that have increased Provisional Application No. 60/504,241 U.S. Patent Application No. 10/506,085 specificity of binding to a minor groove (HHS Reference No. E–315–2003/0–US– filed 01 Oct 2004, claiming priority to of the DNA, while maintaining 01). 27 Feb 2002 (HHS Reference No. E– maximum activity of the alkylating 060–2002/2–US–02). Conjugates of Ligand, Linker, and subgroup of the conjugates. The present Cytotoxic Agent and Related Many current anti-cancer drugs have invention provides such conjugates. The Compositions and Methods of Use the DNA of cancer cells as their conjugates of the present invention bind principal target. However, in most to the minor grove of DNA in a Nadya Tarasova, Christopher J. instances, the drugs are not selective sequence-specific manner and deliver Michejda, Marcin Dyba, Carolyn and are plagued by toxicities, which are an alkylating moiety to a specific site on Cohran (NCI). frequently dose limiting. The present the DNA. The present invention U.S. Patent Application No. 10/505,239 invention seeks to enhance anti-tumor provides a pharmaceutical composition filed 19 Aug 2004, claiming priority to selectivity and decrease unspecific comprising a pharmaceutically or 27 Feb 2002 (HHS Reference No. E– toxicity. It has been known that various pharmacologically acceptable carrier 057–2002/2–US–02). polyamides can target the minor groove and compounds of the present Systemic toxicity of drugs is one of of DNA, and rules have been devised to invention. The present invention also the most serious problems in cancer ascertain the sequence-reading provides a method of preventing or chemotherapy and frequently is dose properties of the component residues of treating a disease or condition by the limiting. Specific delivery of cytotoxic the polyamide chain. The present use of the compound. The NIH drugs to cancer cells remains among the invention utilizes sequence-selective inventors currently are testing the most intractable problems of cancer polyamide technology together with conjugates in in-vitro assay and are
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52403
starting pre-clinical studies of the Beta-Glucuronidase Cleavable Prodrugs models have indicated that NSC–644221 conjugates using animal cancer models. of O6-Alkylguanine-DNA reaches the tumor tissue when In addition to licensing, the Alkyltransferase Inactivators administered intraperitoneally and technology is available for further Robert C. Moschel et al. (NCI). inhibits HIF–1-dependent luciferase development through collaborative U.S. Provisional Application No. 60/ expression in U251–HRE cells. research opportunities with the 608,045 filed 08 Sep 2004 (HHS In addition to licensing, the inventors. Reference No. E–307–2004/0–US–01). technology is available for further development through collaborative The present invention relates to Maleiimide Anti-Tumor Phosphatase research opportunities with the prodrugs of inactivators of O6- Inhibitors inventors. alkylguanine-DNA alkyltransferase. The Christopher J. Michejda et al. (NCI). prodrugs are cleaved by the beta- Inhibitors of the Protein Kinase Chk2 to U.S. Provisional Application No. 60/ glucuronidase enzyme found in tumor Abrogate Apoptosis and Sensitize 546,841 filed 22 Feb 2004 (HHS cells or co-administered to the patient, Cancer Cells to DNA Targeted Reference No. E–110–2004/0–US–01). and the drugs are targeted for use in Therapies PCT Application No. PCT/US05/05742 cancer treatment in combination with filed 22 Feb 2005 (HHS Reference No. Yves Pommier et al. (NCI). antineoplastic alkylating agent such as E–110–2004/0–PCT–02). U.S. Provisional Application filed 29 Jul 1,3-bis(2-cloroethyl)-1-nitrosouria or 2005 (HHS Reference No. E–211– The present invention describes novel temozolomide. phosphatase inhibitors that appear to 2005/0–US–01). target the CDC25 family of Identification of a Tricyclic Amino Chk2 is a protein kinase activated in phosphatases. The new compounds Amide (NSC–644221) Inhibitor of the response to DNA double strand breaks. have potent activity against human liver Hypoxic Signaling Pathway In normal tissues, Chk2 phosphorylates cancer cells in vitro and in vivo against Giovanni Melillo (NCI). and thereby activates substrates that an orthotopic liver cancer in rats. In U.S. Provisional Application No. 60/ induce programmed cell death, or tumor cells, these new inhibitors appear 618,279 filed 12 Oct 2004 (HHS apoptosis, via interactions with p53, to target the phosphorylation status of Reference No. E–185–2004/0–US–01). E2F1, PML proteins. In cancer tissues, several cell cycle proteins that are U.S. Provisional Application No. 60/ where apoptosis is suppressed, Chk2 important for cell survival and thus 570,615 filed 12 May 2004 (HHS phosphorylates and inactivates cell could represent a novel class of Reference No. E–185–2004/1–US–01). cycle checkpoints (via interactions with chemotherapeutic agents targeting PCT Application filed 11 May 2005 Cdc25, phosphatases and Brca1 cancer cells. (HHS Reference No. E–185–2004/2– proteins), which allows cancer cells to PCT–01). repair and tolerate DNA damage. Hence, 2-Amino-O4-Substituted Pteridines and This invention describes the Chk2 inhibitors would be expected to Their Use as Inactivators of O6- protect normal tissues by reducing Alkylguanine-DNA Alkyltransferase identification of a tricyclic (1,4-dioxane) amino amide with confirmed potent apoptosis, and to sensitize cancer cells Robert C. Moschel et al. (NCI). activity in inhibiting HIF–1 to DNA-targeted agents. U.S. Provisional Application No. 60/ transcriptional activity. In addition to licensing, the 534,519 filed 06 Jan 2004 (HHS HIF–1 is a transcription factor and technology is available for further Reference No. E–274–2003/0–US–01). plays an important role in adaptation of development through collaborative PCT Application No. PCT/US04/41577 cancer cells to an hypoxic environment. research opportunities with the filed 10 Dec 2004 (HHS Reference No. HIF–1 significantly increases the ability inventors. E–274–2003/0–PCT–02). of cancer cells to survive under Dated: August 25, 2005. This invention is directed to 2-amino- strenuous conditions. It contributes to Steven M. Ferguson, O4-benzylpteridine derivatives targeted the ability of cancer cells to migrate and Director, Division of Technology Development for use in cancer treatment in invade surrounding tissue, and is and Transfer, Office of Technology Transfer, combination with chemotherapeutic important for the formation of new National Institutes of Health. agents such as 1,3-bis(2-chloroethyl)-1- blood vessels that are essential for [FR Doc. 05–17457 Filed 9–1–05; 8:45 am] nitrosurea (BCNU) or temozolomide. growth and metastasis of cancer cells. BILLING CODE 4140–01–P The derivatives of the present invention Thus HIF–1 mediates survival and inactivate the O6-alkylguanine-DNA- spreading of cancer cells. Previous alkyltransferase repair protein and thus studies have shown that HIF–1 is also DEPARTMENT OF HEALTH AND enhance activity of such important in human cancers, and HUMAN SERVICES chemotherapeutic agents. Examples of therefore, inhibition of HIF–1 activity is these derivatives have advantages over contemplated in the field as a therapy National Institutes of Health the earlier O6-benzylguanine for cancer patients. Government-Owned Inventions; compounds from this research group. The inventors, using a cell-based high Availability for Licensing Some compounds of the current throughput screen, identified a new invention are more water soluble compound, NSC–644221, with potent AGENCY: National Institutes of Health, compared to O6-benzylguanine and they inhibitory activity of the HIF–1 Public Health Service, DHHS. exhibit greater specificity for pathway. The compound inhibits ACTION: Notice. inactivating O6-alkylguanine-DNA- expression of HIF–1 and reduces its alkyltransferase in certain tumor cells, accumulation in the cell. This SUMMARY: The inventions listed below compared to normal cells. compound also inhibits expression of are owned by an agency of the U.S. In addition to licensing, the endogenous genes that are under control Government and are available for technology is available for further of HIF–1, such as Vascular Endothelial licensing in the U.S. in accordance with development through collaborative Growth Factor (VEGF) that is essential 35 U.S.C. 207 to achieve expeditious research opportunities with the for the formation of new blood vessels. commercialization of results of inventors. Preliminary experiments in xenograft federally-funded research and
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52404 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
development. Foreign patent Licensing Contact: Susan Ano; 301/435– combination with a CTE was found to applications are filed on selected 5515; [email protected]. improve expression of unstable mRNA inventions to extend market coverage The current technology describes the by about 500-fold. Similarly this for companies and may also be available universal inactivation of viruses, combination of elements lead to for licensing. parasites, and tumor cells by synergistically elevated levels of HIV–1 ADDRESSES: Licensing information and hydrophobic, photoactivatable Env expression. The function of CTEs copies of the U.S. patent applications compounds. These non-toxic and RTEs is conserved in mammalian listed below may be obtained by writing compounds, such as 1,5- cells, so this technology is a simple and to the indicated licensing contact at the iodoanpthylazide (INA), will selectively useful way of obtaining high levels of Office of Technology Transfer, National accumulate in the innermost regions of expression of otherwise poorly Institutes of Health, 6011 Executive biological membrane bilayers, where the expressed genes and can be used in a Boulevard, Suite 325, Rockville, compounds will bind to proteins and number of applications such as but not Maryland 20852–3804; telephone: 301/ lipids upon irradiation with light, thus limited to improvements of gene 496–7057; fax: 301/402–0220. A signed inactivating deeply embedded proteins therapy vectors, expression vectors for Confidential Disclosure Agreement will while maintaining integrity and activity mammalian cells. be required to receive copies of the of the proteins on the surface. This In addition to licensing, the patent applications. inactivation preserves the structural and technology is available for further conformational integrity and therefore development through collaborative Method for Inducing T-Cell research opportunities with the Proliferation immunogenicity of the agent in question, which overcomes a potential inventors. Warren J. Leonard et al. (NHLBI). problem associated with some other Recombinant Plasmids Containing HIV U.S. Provisional Application No. 60/ vaccines such as those containing killed Reverse Transcriptase 555,898 filed 23 Mar 2004 (HHS pathogens. As representative examples, Reference No. E–104–2004/0–US–01); Stephen H. Hughes and Paul L. Boyer the patent application describes U.S. Utility Application No. 11/ (NCI). experimental results obtained using 084,408, filed 18 Mar 2005 (HHS HHS Reference Nos. E–034–1991/0, /1, HIV, SIV, and Ebola viruses. The Reference No. E–104–2004/0–US–02). /2, /3, and /4—Research Tools. inactivation approach presented in this Licensing Contact: Susan Ano; 301/435– Licensing Contact: Sally Hu; 301/435– technology provides for a safe, non- 5606; [email protected]. 5515; [email protected]. infectious composition for vaccination This technology relates to the use of NIH offers below HIV–1 Reverse against the corresponding agent, thymic stromal lymphopoietin (TSLP) Transcriptase (RT) Expression plasmids whereas some vaccines, such as those or TSLP agonists to induce CD4+ T cell that are available for licensing via involving live-attenuated microbial proliferation as well as the use of TSLP biological material licenses (BML). In an antagonists to treat IgE-mediated agents, still have a risk of infectivity appropriate strain of E. coli, these disorders such as asthma or allergies. associated with them. plasmids cause the expression of an The T cell proliferation application of In addition to licensing, the HIV–1 RT heterodimer (p66/p51). In the this technology could be of particular technology is available for further expression plasmid, the RT coding relevance for patients in whom this cell development through collaborative region is flanked by synthetic initiation population has been significantly research opportunities with the and termination codons. The amino reduced by e.g., HIV/AIDS infection or inventors. terminus of the RT made in E. coli has another condition resulting in High Expression Level Vectors two additional amino acids relative to immunodeficiency. The patent Combining of mRNA Transport the viral enzyme (MV); these have no application describes methods of Elements for Use in Mammalian Cells obvious effect on enzymatic activity. treating individuals afflicted with an The carboxy terminus of p66 carries a 6- Barbara K. Felber et al. (NCI). immunodeficiency by administering histidine tag that facilitates purification. U.S. Provisional Application No. 60/ CD4+ T cells that have been isolated The plasmid also causes the expression 471,988 filed 19 May 2003 (HHS and induced to proliferate using TSLP of a low level of HIV–1 protease; this Reference No. E–223–2003/0-US–01); or by direct administration of TSLP or leads to the conversion of the U.S. Provisional Application No. 60/ a nucleic acid encoding TSLP. The need approximately half of the p66 472,223, filed 20 May 2003 (HHS for appropriate treatment methods for synthesized in E. coli to p51. The p66/ Reference No. E–258–2003/0–US–01); conditions such as asthma and allergies p51 heterodimer can be easily extracted PCT Application No. PCT/US04/ are well recognized. The patent from the E. coli host and purified by 15776 filed 19 May 2004, which application describes administration of metal-chelate chromatography. published as WO2004/113547 on 29 a TSLP antagonist to an individual Expression constructs for many of the Dec 2004 (HHS Reference No. E–223– suffering from an IgE-mediated disorder common drug-resistant versions of HIV– 2003/1–PCT–01). to remove or lessen the symptoms. 1 RT (a partial list is given below) and Licensing Contact: Susan Ano; 301/435– TSLPR knockout mice are also for a number of other mutants are 5515; [email protected]. described in the patent application and available. Alternate RT expression available for licensing through a This technology relates to improving plasmids that encode versions of HIV– biological materials license agreement. levels of gene expression using a 1 RT that do not have his tags and combination of a constitutive RNA plasmids that separately encode p51 Vaccines Using Universally Inactivated transport element (CTE) with a mutant and p66 (allowing subunit selective Viruses, Parasites, and Tumor Cells form of another RNA transport element mutagenesis) are also available. The Yossef Raviv et al. (NCI). (RTE). The combination of these HIV–1 RT expression plasmids can be U.S. Provisional Application filed 22 elements results in a synergistic effect used to generate wild-type and drug Mar 2004 (HHS Reference No. E–303– on stability of mRNA transcripts, which resistant RTs that can be used in both 2003/0–US–01); PCT Application in turn leads to increased expression biological and medical research. The filed 22 Mar 2005 (HHS Reference No. levels. Using HIV–1 gag as reporter RTs are particularly useful in the E–303–2003/0–PCT–02). mRNA, one mutated RTE in screening and development of RT
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52405
inhibitors in vitro and can be used to resistant mutants of HIV–1 RT. Please additional information about RT test drug candidates for their contact Dr. Hughes directly expression plasmids that are not listed effectiveness against common drug ([email protected]) if you want below.
Vector Description Reference No.
Wild-type HIV–1 RT ...... full length, wild type ...... E–034–1991/0 L100I ...... NNRTI resistant ...... E–034–1991/1 K103N ...... NNRTI resistant ...... E–034–1991/1 V106A ...... NNRTI resistant ...... E–034–1991/1 V108I ...... E138K ...... NNRTI resistant ...... E–034–1991/1 Y181I ...... Y181C ...... NNRTI resistant ...... E–034–1991/1 Y188L ...... Y188H ...... NNRTI resistant ...... E–034–1991/1 G190A ...... G190S ...... P236L ...... NNRTI resistant ...... E–034–1991/1
RTs that carry some combinations of NNRTI mutations, e.g., K103N+Y181I, are also available.
K65R ...... NRTI resistant ...... E–034–1991/2 T69G ...... L74V ...... NRTI resistant ...... E–034–1991/1 M184I ...... Lamivudine (3TC) resistant ...... M184V ...... Lamivudine (3TC) resistant ...... E–034–1991/1 AZT–R (5 mutations) ...... AZT resistant ...... E–034–1991/1 D67 complex ...... Multi-NRTI resistant ...... E–034–1991/4 Q151M ...... Multi-NRTI resistant ...... E–034–1991/4 Q151M Complex ...... Multi-NRTI resistant ...... E–034–1991/4 SSGR/T215Y ...... Multi-NRTI resistant ...... E–034–1991/4 SSSR/T215Y ...... Multi-NRTI resistant ...... E–034–1991/4
Dated: August 20, 2005. the discussions could disclose applicable, the business or professional Steven M. Ferguson, confidential trade secrets or commercial affiliation of the interested person. Director, Division of Technology Development property such as patentable material, Dated: August 25, 2005. and Transfer, Office of Technology Transfer, and personal information concerning Anthony M. Coelho, Jr., National Institutes of Health. individuals associated with the grant Acting Director, Office of Federal Advisory [FR Doc. 05–17517 Filed 9–1–05; 8:45 am] applications, the disclosure of which Committee Policy. BILLING CODE 4140–01–P would constitute a clearly unwarranted [FR Doc. 05–17514 Filed 9–1–05; 8:45 am] invasion of personal privacy. BILLING CODE 4140–01–M Name of Committee: National Advisory DEPARTMENT OF HEALTH AND Council on Minority Health and Health HUMAN SERVICES Disparities. DEPARTMENT OF HEALTH AND Date: September 20, 2005. HUMAN SERVICES National Institutes of Health Closed: 8:30 a.m. to 10 a.m. Agenda: To review and evaluate grant National Institutes of Health National Center on Minority Health and applications and/or proposals. Health Disparities; Notice of Meeting Place: National Institutes of Health, Two National Eye Institute; Notice of Democracy Plaza, 6707 Democracy Pursuant to section 10(d) of the Boulevard, Suite 800, Bethesda, MD 20892. Meeting Federal Advisory Committee Act, as Open: 10:30 a.m. to 5:30 p.m. amended (5 U.S.C. Appendix 2), notice Agenda: The agenda will include Opening Pursuant to section 10(d) of the is hereby given by the National Remarks, Administrative Matters, Director’s Federal Advisory Committee Act, as Advisory Council on Minority Health Report, NCMHD, IC Health Disparities amended (5 U.S.C. Appendix 2), notice and Health Disparities. Research Report, NCMHD Program is hereby given of a meeting of the The meeting will be open to the Highlights, and other business of the Council. National Advisory Eye Council. Place: National Institutes of Health, Two public as indicated below, with The meeting will be open to the Democracy Plaza, 6707 Democracy public as indicated below, with attendance limited to space available. Boulevard, Suite 800, Bethesda, MD 20892. Individuals who plan to attend and Contact Person: Donna Brooks, Asst. attendance limited to space available. need special assistance, such as sign Director for Administration, National Center Individuals who plan to attend and language interpretation or other on Minority Health and Health Disparities, need special assistance, such as sign reasonable accommodations, should National Institutes of Health, 6707 language interpretation or other notify the Contact Person listed below Democracy Blvd., Suite 800, Bethesda, MD reasonable accommodations, should in advance of the meeting. 20892, 301–435–2135, notify the Contact Person listed below The meeting will be closed to the [email protected]. in advance of the meeting. Any interested person may file written public in accordance with the comments with the committee by forwarding The meeting will be closed to the provisions set forth in sections the statement to the Contact Person listed on public in accordance with the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., this notice. The statement should include the provisions set forth in sections as amended. The grant applications and name, address, telephone number and when 552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52406 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
as amended. The grant applications DEPARTMENT OF HEALTH AND Agenda: To review and evaluate grant and/or contract proposals and the HUMAN SERVICES applications. discussions could disclose confidential Place: Hyatt Regency Bethesda, One National Institutes of Health Bethesda Metro Center, 7400 Wisconsin trade secrets or commercial property Avenue, Bethesda, MD 20814. such as patentable material, and National Institute on Aging; Notice of Contact Person: Jon E. Rolf, PhD, Health personal information concerning Closed Meeting Scientist Administrator, Scientific Review individuals associated with the grant Office, National Institutes of Health, National applications and/or contract proposals, Pursuant to section 10(d) of the Institute on Aging, 7201 Wisconsin Avenue, the disclosure of which would Federal Advisory Committee Act, as Room 2C212, Bethesda, MD 20814, (301) 402–7703, [email protected]. constitute a clearly unwarranted amended (5 U.S.C. Appendix 2), notice Name of Committee: National Institute on invasion of personal privacy. is hereby given of the following meetings. Aging Special Emphasis Panel, Study of Name of Committee: National Advisory The meeting will be closed to the Elderly Sleep Cycle. Eye Council. Date: October 5–6, 2005. public in accordance with the Time: 3 p.m. to 5 p.m. Date: September 22–23, 2005. provisions set forth in sections Open: September 22, 2005, 8:30 a.m. to 3 Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. p.m. as amended. The contract proposals and Place: Marriott Wardman Park Hotel, 2660 Agenda: Following opening remarks by the the discussions could disclose Woodley Road NW., Washington, DC 20008. Director, NEI, there will be presentations by confidential trade secrets or commercial Contact Person: Bita Nakhai, PhD, the staff of the Institute and discussions property such as patentable material, Scientific Review Administrator, Scientific concerning institute programs. and personal information concerning Review Office, National Institute on Aging, Place: National Institutes of Health, 5635 Gateway Bldg., 2C212, 7201 Wisconsin individuals associated with the contract Fishers Lane, Terrace Level Conference Avenue, Bethesda, MD 20814, 301–402– proposals, the disclosure of which Room, Bethesda, MD 20892. 7701, [email protected] Closed: September 22, 2005, 3 p.m. to 6 would constitute a clearly unwarranted Name of Committee: National Institute on p.m. invasion of personal privacy. Aging Initial Review Group, Behavior and Agenda: To review and evaluate grant Name of Committee: National Institute on Social Science of Aging Review Committee. applications and/or proposals. Aging Special Emphasis Panel, Longitudinal Date: October 6–7, 2005. Time: 4 p.m. to 5 p.m. Place: National Institutes of Health, 5635 Studies in Sardinia. Agenda: To review and evaluate grant Fishers Lane, Terrace Level Conference Date: September 15, 2005. Time: 11 a.m. to 12 p.m. applications. Room, Bethesda, MD 20892. Agenda: To review and evaluate contract Place: Bethesda Marriott, 5151 Pooks Hill Open: September 23, 2005, 8:30 a.m. to proposals. Road, Bethesda, MD 20814. 12:30 p.m. Place: National Institutes on Aging, Contact Person: Jon E. Rolf, PhD, Senior Agenda: Discussions of program policy and Gateway Building, 7201 Wisconsin Avenue Health Science Advisor, Scientific Review issues. Room 2C212, Bethesda, MD 20814, Office, National Institute on Aging, National Place: National Institutes of Health, 5635 (Telephone Conference Call). Institutes of Health, 7201 Wisconsin Avenue, Fishers Lane, Terrace Level Conference Contact Person: Ramesh Vemuri, PhD, Room 2C212, Bethesda, MD 20814, 301–402– Room, Bethesda, MD 20892. Health Scientist Administrator, Scientific 7703, [email protected]. Contact Person: Lore Anne McNicol, PhD, Review Office, National Institute on Aging, Name of Committee: National Institute on Director, Division of Extramural Research, National Institutes of Health, Room 2C212, Aging Special Emphasis Panel, Olfactory National Eye Institute, National Institutes of 7201 Wisconsin Avenue, Bethesda, MD Aging. 20892–7924, (301) 402–7700, [email protected]. Date: October 6–7, 2005. Health, Bethesda, MD 20892, (301) 451–2020. This notice is being published less than 15 Time: 6 p.m. to 4 p.m. Any interested person may file written days prior to the meeting due to the timing Agenda: To review and evaluate grant comments with the committee by forwarding limitations imposed by the review and applications. the statement to the Contact Person listed on funding cycle. Place: Holiday Inn Chevy Chase, 5520 this notice. The statement should include the Name of Committee: National Institute on Wisconsin Avenue, Chevy Chase, MD 20815. name, address, telephone number and when Aging Special Emphasis Panel, Evolution of Contact Person: William Cruce, PhD, applicable, the business or professional Aging and Dementia in Female Primates. Health Scientist Administrator, Scientific affiliation of the interested person. Date: September 19, 2005. Review Office, National Institute on Aging, Information is also available on the Time: 9:30 a.m. to 1 p.m. National Institutes of Health, National Institute’s/Center’s home page: http:// Agenda: To review and evaluate grant Institute on Aging, Room 2C212, 7201 www.nei.nih.gov, where an agenda and any applications. Wisconsin Avenue, Bethesda, MD 20814, additional information for the meeting will Place: National Institutes of Health, 301–402–7704, [email protected] be posted when available. Gateway Building, 7201 Wisconsin Avenue Name of Committee: National Institute on Room 2C212, Bethesda, MD 20814, Aging Initial Review Group, Clinical Aging (Catalogue of Federal Domestic Assistance (Telephone Conference Call). Review Committee. Program Nos. 93.867, Vision Research, Contact Person: Jon E. Rolf, PhD, Health Date: October 6–7, 2005. National Institutes of Health, HHS) Scientist Administrator, Scientific Review Time: 6:30 p.m. to 5 p.m. Dated: August 25, 2005. Office, National Institutes of Health, National Agenda: To review and evaluate grant Institute on Aging, 7201 Wisconsin Avenue, applications. Anthony M. Coelho, Jr., Room 2C212, Bethesda, MD 20814–7924, Place: Bethesda Marriott, 5151 Pooks Hill Acting Director, Office of Federal Advisory (301) 402–7703, [email protected]. Road, Bethesda, MD 20814. Committee Policy. This notice is being published less than 15 Contact Person: Alicja L. Markowska, PhD, [FR Doc. 05–17516 Filed 9–1–05; 8:45 am] days prior to the meeting due to the timing DSC, National Institute on Aging, National limitations imposed by the review and Institutes of Health, Gateway Building Room BILLING CODE 4140–01–M funding cycle. 2C212, 7201 Wisconsin Avenue, Bethesda, Name of Committee: National Institute on MD 20814, 301–496–9666, Aging Special Emphasis Panel, [email protected] Transgenerational Field Trial. Name of Committee: National Institute on Date: October 4–5, 2005. Aging Special Emphasis Panel, Retirement Time: 5:30 p.m. to 5 p.m. Cognitions.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52407
Date: October 7, 2005. DEPARTMENT OF HEALTH AND In the interest of security, NIH has Time: 11:15 a.m. to 12:15 p.m. HUMAN SERVICES instituted stringent procedures for entrance Agenda: To review and evaluate grant into the building by non-government applications. National Institutes of Health employees. Persons without a government Place: Bethesda Marriott, 5151 Pooks Hill I.D. will need to show a photo I.D. and sign- in at the security desk upon entering the Road, Bethesda, MD 20814. National Institute of Child Health and building. Contact Person: Jon E. Rolf, PhD, Health Human Development; Notice of Information is also available on the Scientist Administrator, Scientific Review Meeting Institute’s/Center’s home page: http:// Office, National Institute on Aging, National Pursuant to section 10(d) of the www.nichd.nih.gov/about/nachhd.htm, Institutes of Health, 7201 Wisconsin Avenue, where an agenda and any additional Room 2C212, Bethesda, MD 20814, 301–402– Federal Advisory Committee Act, as information for the meeting will be posted 7703, [email protected] amended (5 U.S.C. Appendix 2), notice when available. Name of Committee: National Institute on is hereby given of a meeting of the (Catalogue of Federal Domestic Assistance Aging Special Emphasis Panel, Male National Advisory Child Health and Program Nos. 93.864, Population Research; Hormone and Aging. Human Development Council. 93.865, Research for Mothers and Children; Date: October 11, 2005. The meeting will be open to the 93.929, Center for Medical Rehabilitation Time: 1 p.m. to 4 p.m. public as indicated below, with Research; 93.209, Contraception and Agenda: To review and evaluate grant attendance limited to space available. Infertility Loan Repayment Program, National applications. Individuals who plan to attend and Institutes of Health, HHS) Place: National Institutes of Health, need special assistance, such as sign Dated: August 25, 2005. Gateway Building, 7201 Wisconsin Avenue, language interpretation or other Anthony M. Coelho, Jr., NIA/SRO/2C212, Bethesda, MD 20814, reasonable accommodations, should Acting Director, Office of Federal Advisory (Telephone Conference Call). notify the Contact Person listed below Committee Policy. Contact Person: Bita Nakhai, PhD, in advance of the meeting. [FR Doc. 05–17460 Filed 9–1–05; 8:45 am] Scientific Review Administrator, Scientific The meeting will be closed to the BILLING CODE 4140–01–M Review Office, National Institute on Aging, public in accordance with the Gateway Bldg., 2C212, 7201 Wisconsin provisions set forth in sections Avenue, Bethesda, MD 20814, 301–402– 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., DEPARTMENT OF HEALTH AND 7701, [email protected]. as amended. The grant applications HUMAN SERVICES Name of Committee: National Institute on and/or contract set forth contract Aging Special Emphasis Panel, Neuronal proposals and the discussions could National Institutes of Health Stress and Aging. disclose confidential trade secrets or Date: October 12, 2005. National Institute of Arthritis and commercial property such as patentable Time: 1:30 p.m. to 4:30 p.m. Musculoskeletal and Skin Diseases; material, and personal information Agenda: To review and evaluate grant Notice of Closed Meeting applications. concerning individuals associated with Place: National Institute on Aging, the grant applications and/or contract Pursuant to section 10(d) of the Gateway Building, 7201 Wisconsin Avenue, proposals, the disclosure of which Federal Advisory Committee Act, as Room 2C212, Bethesda, MD 20814 would constitute a clearly unwarranted amended (5 U.S.C. Appendix 2), notice (Telephone Conference Call). invasion of personal privacy. is hereby given of the following Contact Person: Louise L. Hsu, PhD, Health Name of Committee: National Advisory meeting. Scientist Administrator, Scientific Review Child Health and Human Development The meeting will be closed to the Office, National Institute on Aging, Gateway Council. public in accordance with the Building, 7201 Wisconsin Avenue/Suite Date: September 22, 2005. provisions set forth in sections 2C212, Bethesda, MD 20892, 301–496–7705, Open: 8 a.m. to 1:15 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [email protected]. Agenda: (1) A report by the Director, as amended. The grant applications and Name of Committee: National Institute on NICHD; (2) a presentation by the Division of the discussions could disclose Aging Special Emphasis Panel, Aging Epidemiology, Statistics and Prevention confidential trade secrets or commercial Muscle. Research; (3) a report of the Subcommittee on property such as patentable material, Planning and Policy; (4) a Concept Review Date: October 26–27, 2005. Presentation; and other business of the and personal information concerning Time: 6:30 p.m. to 10 p.m. Council. individuals associated with the grant Agenda: To review and evaluate grant Place: National Institutes of Health, applications, the disclosure of which applications. Building 31, 31 Center Drive, Conference would constitute a clearly unwarranted Place: Holiday Inn, 5520 Wisconsin Room 6, Bethesda, MD 20892. invasion of personal privacy. Avenue, Chevy Chase, MD 20815. Closed: 1:15 p.m. to 5 p.m. Contact Person: Alicja L. Markowska, PhD, Name of Committee: National Institute of Agenda: To review and evaluate grant Arthritis and Musculoskeletal and Skin DSC, Scientific Review Office, National applications and/or proposals. Diseases Special Emphasis Panel, Review of Institute on Aging, National Institutes of Place: National Institutes of Health, Small Research Grants (RO3s). Health, Room 2C212, 7201 Wisconsin Building 31, 31 Center Drive, Conference Date: September 6, 2005. Avenue, Bethesda, MD 20814, 301–402– Room 6, Bethesda, MD 20892. Time: 8 a.m. to 5 p.m. 7706, [email protected]. Contact Person: Yvonne T. Maddox, PhD, Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Deputy Director, National Institute of Child applications. Program Nos. 93.866, Aging Research, Health and Human Development, NIH, 9000 Place: NIH–NIAMS Institute, One Rockville Pike MSC 7510, Building 31, Room National Institutes of Health, HHS) Democracy Plaza, 6701 Democracy 2A03, Bethesda, MD 20892, (301) 496–1848. Boulevard, Bethesda, MD 30814. Dated: August 26, 2005. Any interested person may file written Contact Person: Eric H. Brown, MS, PhD, Anthony M. Coelho, Jr., comments with the committee by forwarding Scientific Review Administrator, National the statement to the Contact Person listed on Acting Director, Office of Federal Advisory Institute of Arthritis, Musculoskeletal & Skin this notice. The statement should include the Committee Policy. Diseases, National Institutes of Health, 6701 name, address, telephone number and when Democracy Blvd., Room 824, MSC 4872, [FR Doc. 05–17459 Filed 9–1–05; 8:45 am] applicable, the business of professional Bethesda, MD 20892–4872 (301) 594–4955, BILLING CODE 4140–01–M affiliation of the interested person. [email protected].
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52408 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
This notice is being published less than 15 Bethesda, MD 20817, (Telephone Conference Qualification of counties for eligibility days prior to the meeting due to the timing Call). for targeted assistance program grants is limitations imposed by the review and Contact Person: Sujata Vijh, PhD, Scientific determined once every three years as funding cycle. Review Administrator, Scientific Review stated in the FY 1999 Notice of (Catalogue of Federal Domestic Assistance Program, Division of Extramural Activities, NIAID/NIH/DHHS, 6700B Rockledge Drive, Proposed Availability of Targeted Program Nos. 93.846, Arthritis, Assistance Allocations to States which Musculoskeletal and Skin Diseases Research, MSC 7616, Bethesda, MD 20892, (301) 594– National Institutes of Health, HHS) 0985, [email protected]. was published in the Federal Register (Catalogue of Federal Domestic Assistance on March 10, 1999 (64 FR 11927). The Dated: August 26, 2005. Program Nos. 93.955, Allergy, Immunology FY 2002–FY 2004 three-year project Anthony M. Coelho, Jr., and Transplantation Research; 93.856, cycle has expired. FY 2005 is the year Acting Director, Office of Federal Advisory Microbiology and Infectious Diseases for the re-qualification of counties for Committee Policy. Research, National Institutes of Health, HHS) the three-year project cycle, FY 2005, [FR Doc. 05–17463 Filed 9–1–05; 8:45 am] Dated: August 25, 2005. FY 2006, and FY 2007 for TAP funds. BILLING CODE 4140–01–M Anthony M. Coelho, Jr., Qualifications of counties are based on Acting Director, Office of Federal Advisory the arrivals of refugees (see Footnote 1, Committee Policy. eligible population) during the 5-year DEPARTMENT OF HEALTH AND period from FY 2000 through FY 2004, HUMAN SERVICES [FR Doc. 05–17515 Filed 9–1–05; 8:45 am] BILLING CODE 4140–01–M and on the concentration of the arrivals population as a percentage of the National Institutes of Health general population. Counties that National Institute of Allergy and DEPARTMENT OF HEALTH AND qualify for TAP FY 2005 funds on the Infectious Diseases; Notice of Closed HUMAN SERVICES basis of the most current 5-year Meetings population are listed in this proposed Office of Refugee Resettlement notice in Table 1, Table 2, Table 4, and Pursuant to section 10(d) of the Table 6. Federal Advisory Committee Act, as Final Notice for FY 2005 Formula Under this final notice, a total of 48 amended (5 U.S.C. Appendix 2), notice Allocation for Targeted Assistance counties (Table 1) qualify for targeted is hereby given of the following Grants to States for Services to assistance grants. Of these, 6 new meetings. Refugees counties (Table 2) qualify for targeted The meetings will be closed to the AGENCY: Office of Refugee Resettlement assistance grants, and 11 counties (Table public in accordance with the (ORR), ACF, HHS. 3) which previously received targeted provisions set forth in sections assistance grants no longer qualify for 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., ACTION: Final notice of availability of allocations for FY 2005 targeted targeted assistance program funding. as amended. The grant applications and Application Deadline: Application the discussions could disclose assistance grants to States for services to refugees 1 in local areas of high need. deadline for targeted assistance program confidential trade secrets or commercial funding will be September 12, 2005. A property such as patentable material, [CFDA No. 93.584, Refugee and Entrant full application is required this and personal information concerning Assistance—Targeted Assistance Grants] qualifying year, FY 2005. Six (6) new individuals associated with the grant SUMMARY: This final notice announces counties are eligible for targeted applications, the disclosure of which the availability of funds and award assistance. Counties that have received would constitute a clearly unwarranted procedures for FY 2005 Targeted TAP funds in the past and will continue invasion of personal privacy. Assistance Program (TAP) grants to to qualify for TAP have not been Name of Committee: National Institute of States for services to refugees under the required to submit a full application Allergy and Infectious Diseases Special Refugee Resettlement Program (RRP). since FY 2002. Application Emphasis Panel; Review of an Unsolicited These grants are for service provision in requirements in the second and third of P01. localities with large refugee a 3-year project cycle will be less Date: September 22, 2005. extensive. Time: 10 a.m. to 1 p.m. populations, high refugee Agenda: To review and evaluate grant concentrations, and where specific FOR FURTHER INFORMATION CONTACT: applications and/or proposals. needs exist for supplementation of Kathy Do, Division of Budget, Policy Place: National Institutes of Health, currently available resources. and Data Analysis (DBPDA), (202) 401– Rockledge 6700, 6700B Rockledge Drive, 4579; e-mail: [email protected]. Bethesda, MD 20817, (Telephone Conference 1 In addition to persons who meet all SUPPLEMENTARY INFORMATION: Call). requirements of 45 CFR 400.43, ‘‘Requirements for Contact Person: Cheryl P. Lapham, PhD, documentation of refugee status,’’ eligibility for I. Purpose and Scope Scientific Review Administrator, Scientific targeted assistance includes refugees, asylees, Review Program, National Institutes of Cuban and Haitian entrants, certain Amerasians This final notice announces the Allergy and Infectious Diseases, DEA/NIH/ from Viet Nam who are admitted to the U.S. as availability of Fiscal Year 2005 funds for DHHS, 6700B Rockledge Drive, MSC 7616, immigrants, certain Amerasians from Viet Nam who targeted assistance grants for services to Room 3127, Bethesda, MD 20892–7616, 301– are U.S. citizens and victims of a severe form of trafficking who receive certification or eligibility refugees (see Footnote 1 for eligible 402–4598, [email protected]. letters from ORR, and certain other specified family population) in counties where, because Name of Committee: National Institute of members of trafficking victims. See Section II of this of factors such as unusually large Allergy and Infectious Diseases Special notice on ‘‘Authorization,’’ and refer to 45 CFR refugee populations and high refugee Emphasis Panel; Minor H Antigens and 400.43 and the ORR State Letter #01–13 on the Trafficking Victims Protection Act dated May 3, concentrations, there exists and can be Kidney Transplantation. demonstrated a specific need for Date: September 23, 2005. 2001, as modified by ORR State Letter #02–01, Time: 2 p.m. to 6 p.m. January 4, 2002, and ORR State Letter #04–12, June supplementation of resources for 18, 2004. The term ‘‘refugee,’’ used in this notice services to this population. Agenda: To review and evaluate grant for convenience, is intended to encompass such applications. additional persons who are eligible to participate in The Office of Refugee Resettlement Place: National Institutes of Health, refugee program services, including the targeted (ORR) has available $49,081,000 in FY Rockledge 6700, 6700B Rockledge Drive, assistance program. 2005 funds for the targeted assistance
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52409
program (TAP) as part of the FY 2005 of 2000 (Pub. L. 106–386), and as cash assistance recipients, particularly appropriation under the Consolidated amended by the Trafficking Victims long-term recipients; (b) unemployed Appropriations Act, 2005, (Pub. L. 108– Protection Reauthorization Act of 2003 refugees who are not receiving cash 447). (Pub. L. 108–193), insofar as it states assistance; and (c) employed refugees in The Director of the Office of Refugee that a victim of a severe form of need of services to retain employment Resettlement (ORR) plans to use the trafficking and certain other specified or to attain economic independence. $49,081,000 in targeted assistance funds family members shall be eligible for In addition to the statutory as follows: federally funded or administered requirement that TAP funds be used • $44,173,066 will be allocated to benefits and services to the same extent ‘‘primarily for the purpose of facilitating States under the 5-year population as a refugee. refugee employment’’ (section formula, as set forth in this final notice. 412(c)(2)(B)(i) of the INA), funds • $4,907,934 (10% of the total) will III. Client and Service Priorities awarded under this program are be used to award discretionary grants to Targeted assistance funding must be intended to help fulfill the States under continuation grant awards. used to assist refugee families to achieve congressional intent that ‘‘employable The purpose of targeted assistance economic independence. To this end, refugees should be placed on jobs as grants is to provide, through a process States and counties are required to soon as possible after their arrival in the of local planning and implementation, ensure that a coherent family self- United States’’ (section 412(a)(1)(B)(i) of direct services intended to result in the sufficiency plan (FSSP), employment the INA). Therefore, in accordance with economic self-sufficiency and reduced development plan (EDP), or individual 45 CFR 400.313, targeted assistance welfare dependency of refugees through employability plan (IEP) is developed funds must be used primarily for job placements. for each eligible family that addresses employability services designed to The targeted assistance program the family’s needs from time of arrival enable refugees to obtain jobs with less reflects the requirements of section until attainment of economic than one year’s participation in the 412(c)(2)(B) of the Immigration and independence. (See 45 CFR 400.79, targeted assistance program in order to Nationality Act (INA), which provides 400.156(g), and 400.317). Each family achieve economic self-sufficiency as that targeted assistance grants shall be self-sufficiency plan or employment soon as possible. Targeted assistance made available ‘‘(i) primarily for the development plan should address a services may continue to be provided purpose of facilitating refugee family’s needs for both employment- after a refugee has entered a job to help employment and achievement of self- related services and other needed social the refugee retain employment or move sufficiency, (ii) in a manner that does services. The plan must include: (1) A to a better job. Targeted assistance funds not supplant other refugee program determination of the income level a may not be used for long-term training funds and that assures that not less than family would have to earn to exceed its programs such as vocational training 95 percent of the amount of the grant cash grant and move into self-support that last for more than a year or award is made available to the county without suffering a monetary penalty; educational programs that are not or other local entity.’’ (2) a strategy and timetable for obtaining intended to lead to employment within II. Authorization that level of family income through the a year. placement in employment of sufficient In accordance with 45 CFR 400.317, if Targeted assistance projects are numbers of employable family members targeted assistance funds are used for funded under the authority of section at sufficient wage levels; (3) the provision of English language 412(c)(2) of the Immigration and employability plans for every training, such training must be provided Nationality Act (INA), as amended by employable member of the family; and in a concurrent, rather than sequential, the Refugee Assistance Extension Act of (4) a plan to address the family’s social time period with employment or with 1986 (Pub. L. 99–605), 8 U.S.C. services needs that may be barriers to other employment-related activities. 1522(c)(2); section 501(a) of the Refugee self-sufficiency. In local jurisdictions A portion of a local area’s allocation Education Assistance Act of 1980 (Pub. that have targeted assistance and refugee may be used for services that are not L. 96–422), 8 U.S.C. 1522 note, insofar social services programs, one family directed toward the achievement of a as it incorporates by reference with self-sufficiency plan may be developed specific employment objective in less respect to Cuban and Haitian entrants for a family that incorporates both than one year but that are essential to the authorities pertaining to assistance targeted assistance and refugee social the adjustment of refugees in the for refugees established by section services. community, provided such needs are 412(c)(2) of the INA, as cited above; Services funded through the targeted clearly demonstrated and such use is section 584(c) of the Foreign Operations, assistance program are required to focus approved by the State. (See 45 CFR Export Financing, and Related Programs primarily on those refugees who, either 400.316). Appropriations Act, 1988, as included because of their protracted use of public Reflecting section 412(a)(1)(A)(iv) of in the FY 1988 Continuing Resolution assistance or difficulty in securing the INA, States must ‘‘ensure that (Pub. L. 100–202), insofar as it employment, continue to need services women have the same opportunities as incorporates by reference with respect beyond the initial years of resettlement. men to participate in training and to certain Amerasians from Viet Nam States may not provide services funded instruction.’’ Additionally, in the authorities pertaining to assistance under this notice, except for referral and accordance with 45 CFR 400.317, for refugees established by section interpreter services, to refugees who services must be provided to the 412(c)(2) of the INA, as cited above, have been in the United States for more maximum extent feasible in a manner including certain Amerasians from Viet than 60 months (5 years). (See 45 CFR that includes the use of bilingual/ Nam who are U.S. citizens, as provided 400.315). bicultural women on service agency under title II of the Foreign Operations, In accordance with 45 CFR 400.314, staff to ensure adequate service access Export Financing, and Related Programs States are required to provide targeted by refugee women. The Director, ORR, Appropriations Acts, 1989 (Pub. L. 100– assistance services to refugees in the also strongly encourages the inclusion 461), 1990 (Pub. L. 101–167), and 1991 following order of priority, except in of refugee women in management and (Pub. L. 101–513); section 107(b)(1)(A) certain individual extreme board positions in agencies that serve of the Trafficking Victims Protection Act circumstances: (a) Refugees who are refugees. In order to facilitate refugee
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52410 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
self-support, the Director also expects equally qualified, provided that the funds, therefore, the State is included in States to implement strategies which MAA has the capability to deliver this qualifying project cycle (FY 2005— address simultaneously the employment services in a manner that is culturally FY 2007). County data (refugees, potential of both male and female wage and linguistically compatible with the asylees, and secondary migrants) earners in a family unit. States and background of the target population to submitted by the other State failed to counties are expected to make every be served. ORR also strongly encourages make the cut-off point. The county is effort to obtain child care services, MAAs to ensure that their management ranked number 62. Data on secondary preferably subsidized child care, for and board composition reflect the major migrants is not considered for targeted children in order to allow women with target populations to be served. assistance population count due to the children the opportunity to participate ORR defines MAAs as organizations improbable task of tracking in-migration in employment services or to accept or with the following qualifications: and out-migration for all targeted retain employment. To accomplish this, a. The organization is legally assistance counties nationwide in order child care may be treated as an incorporated as a nonprofit to arrive at adjusted population employment-related service under the organization; and estimates. targeted assistance program. Refugees b. Not less than 51% of the Comment: Two States requested re- who are participating in targeted composition of the Board of Directors or consideration of their counties due to assistance-funded or social services- governing board of the mutual unprecedented new arrivals of funded employment services or have assistance association is comprised of secondary migration of refugees. accepted employment are eligible for refugees or former refugees, including Response: As stated in the above child care services for their children. both refugee men and women. response, data on secondary migration States and counties are expected to use Finally, in order to provide culturally is not considered for targeted assistance child care funding from other publicly- and linguistically compatible services in population count. administered programs such as child as cost-efficient a manner as possible in Comment: One State requested care services funded under the time of limited resources, ORR strongly reconsideration of one of its counties Temporary Assistance for Needy encourages States and counties to which was eliminated in this qualifying Families (TANF) or under the Child promote and give special consideration cycle. Care and Development Block Grant to the provision of services through Response: ORR conducted the final (CCDBG) as a primary resource. States coalitions of refugee service re-allocation task taking into account all and counties are encouraged to work organizations, such as coalitions of eligibility factors which are outlined in with service providers to ensure MAAs, voluntary resettlement agencies, the statute for which data are available. mainstream access for refugees to other or a variety of service providers. ORR The said county ranked number 69 on publicly funded resources for child care. believes it is essential for refugee- the list. For an employed refugee, targeted serving organizations to form close ORR understands that discontinuing assistance-funded child care should be partnerships in the provision of services funding in the counties that no longer limited to situations in which no other to refugees in order to be able to qualify for TAP will undoubtedly have publicly funded child care funding is respond adequately to a changing an effect on the services in those available. In these cases, child care refugee environment. States and counties. However, funds must be services funded by targeted assistance counties are encouraged to consider as directed to those counties that are most should be limited to one year after the eligible for TAP funds entities that are impacted by recent arrivals as required refugee becomes employed. public or private non-profit agencies by statute. In accordance with 45 CFR 400.317, which may include faith-based, refugee V. Eligible Grantees targeted assistance services must be or community-based organizations. provided in a manner that is culturally Additionally, coalition-building and Eligible grantees are: 1. Agencies of and linguistically compatible with a consolidation of providers is State governments that are responsible refugee’s language and cultural particularly important in communities for the refugee program under 45 CFR background, to the maximum extent with multiple service providers in order 400.5 in States containing counties feasible. In light of the increasingly to ensure better coordination of services which qualify for FY 2005 targeted diverse population of refugees who are and maximum use of funding for assistance awards; and 2. non-State resettling in this country, refugee services by minimizing the funds used agencies funded under the Wilson-Fish service agencies will need to develop for multiple administrative overhead program which administer, in lieu of a practical ways of providing culturally costs. State, a statewide refugee assistance and linguistically appropriate services The award of funds to States under program containing counties which to a changing ethnic population. this final notice will be contingent upon qualify for FY 2005 targeted assistance Services funded under this notice must the completeness of a State’s application formula funds. All such grantees will be refugee-specific services that are as described in section IX, below. hereinafter be referred to as ‘‘the State’’. designed specifically to meet refugee The Director of ORR determines the needs and are in keeping with the rules IV. Discussion of Comments Received eligibility of counties for inclusion in and objectives of the refugee program. Five States submitted comments in the FY 2005 targeted assistance program Short-term vocational or job-skills response to the proposed notice of FY on the basis of the method described in training, on-the-job training (OJT), or 2005 funds for targeted assistance. The section VI of this notice. English language training (ELT), comments are summarized below and The use of targeted assistance funds however, need not be refugee-specific. are followed by ORR’s response. for services to Cuban and Haitian ORR strongly encourages States and Comment: Two States submitted entrants is limited to States which have counties when contracting for targeted information requesting participation in an approved State plan under the assistance services, including the targeted assistance program. Cuban/Haitian Entrant Program (CHEP). employment services, to give Response: Of the two requesting The State agency will submit a single consideration to the special strengths of States, one is found to have a county application to ORR on behalf of all mutual assistance associations (MAAs), which ranked within the top 48 county governments of the qualified whenever contract bidders are otherwise counties qualified for targeted assistance counties in that State. Subsequent to the
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52411
approval of the State’s agency A. Qualifying Counties within a stable funding climate to application by ORR, local targeted For FY 2005 targeted assistance funds, adequately address the refugee impact assistance plans will be developed by a county (or group of adjacent counties in their counties, while a less frequent the county government or other with the same Standard Metropolitan re-determination of county qualification designated entity and submitted to the Statistical Area, or SMSA) or would pose the risk of not considering State agency. independent city, was required to: rank new population impacts in a timely manner. A State with more than one qualified above a selected cut-off point of county is permitted, but not required, to jurisdictions for which data were B. Allocation Formula determine the allocation amount for reviewed, based on two criteria: (a) The The FY 2005 targeted assistance each qualified county within the State. number of refugee arrivals placed in the amount, $44,173,066, is allocated by However, if a State chooses to determine county during the most recent 5-year formula to States for the 48 qualified county allocations differently from period (FY 2000—FY 2004); and (b) the counties based on the initial placements those set forth in the final notice, in 5-year refugee arrival population as a in these counties during the 5-year accordance with 45 CFR 400.319, the FY percent of the county overall period from FYs 2000 through 2004 2005 allocations proposed by the State population. (October 1, 1999–September 30, 2004). must be based on the State’s population With regards to the first qualification Data from the ORR Refugee Arrivals of refugees who arrived in the U.S. criteria, each county was ranked on the Data System (RADS) was used for the during the most recent 5-year period. A basis of its 5-year refugee arrival final allocation of funds for targeted State may use welfare data as an population and its concentration of assistance. This includes the total additional factor in the allocation of its refugees, with a relative weighting of 2 number of refugees, Cuban/Haitian targeted assistance funds if it so to 1 respectively, because it is believed entrants, parolees, and Amerasians from that large numbers of arrivals (see chooses; however, a State may not Viet Nam. Data on victims of severe Footnote 1, eligible population) into a assign a greater weight to welfare data forms of trafficking was from the county create a significant impact, than it has assigned to population data certification and eligibility letters issued regardless of the ratio of refugees to the in its allocation formula. In addition, if by ORR. Trafficking victims have been county general population. eligible for services since October 2000 a State chooses to allocate its FY 2005 ORR decided to limit the number of targeted assistance funds in a manner and their family members since qualified counties based on ranking December 2003. Data on the number of different from the formula set forth in order to the top 48 counties (Table 1) in the final notice, the FY 2005 allocations asylees who have been served in FYs order to target a sufficient level of 2000 through 2004 through the refugee and methodology proposed by the State funding to the most impacted counties. must be included in the State’s resettlement program or social service Each county was ranked in terms of the system were provided by States, application for ORR review and sum of a county’s rank on refugee including those in response to the approval. arrivals and its rank on concentration. A proposed notice. For FYs 2000 through Applications submitted in response to county had to rank within the top 48 2004, Havana parolees were derived this final notice are not subject to counties to qualify for targeted from actual data. review by State and area wide assistance funds. For FY 2005 allocation, many States clearinghouses under Executive Order ORR screened data on all counties responded to ORR’s voluntary process 12372, ‘‘Intergovernmental Review of that have received awards for targeted for data submission on their number of Federal Programs.’’ assistance since FY 1983, and on all asylees, entrants, or trafficking victims other counties that could potentially prior and after issuance of the proposed VI. Qualification and Allocation qualify for TAP funds based on the allocations notice. This voluntary criteria published in the proposed For FY 2005, ORR used the formula process helped minimize adjustments of notice. Analysis of these data indicates which bases allocation of targeted final allocations. States used the that: (a) Forty-eight (48) counties qualify standardized EXCEL format suggested assistance funds on the most current 5- for targeted assistance funds, Table 1; by ORR to submit data on asylees, year arrivals data on refugees (See (b) eleven (11) counties which have entrants, and/or victims of a severe form Footnote 1, eligible population). previously received targeted assistance of trafficking served during the 5-year Targeted assistance services are limited would no longer qualify, Table 3; and period from FYs 2000 through 2004 to the arrival population residing in (c) six (6) new counties qualify for FY (October 1, 1999–September 30, 2004). qualified counties who have been in the 2005 targeted assistance funds, Table 2. Data for each population group was U.S. five years or less. As stated in the The 48 counties listed in this final submitted separately on an EXCEL FY 1999 notice of proposed availability notice as qualified to apply for FY 2005 spreadsheet. Data submitted was of targeted assistance allocations to TAP funding would remain qualified for verified by ORR against the ORR arrivals States which was published on March TAP funding through FY 2007. ORR database (RADS), and as a result of this 10, 1999 (64 FR 11927), the Director of does not plan to consider the eligibility process, adjustments were included in ORR proposes to determine the of additional counties for TAP funding this final notice for FY 2005 allocations qualification of counties for targeted until FY 2008, when ORR will again for targeted assistance funds. assistance once every three years. The review data on all counties that could Documentation submitted by States FY 2002—FY 2004 three-year project potentially qualify for TAP funds based include the name of state, name of cycle has expired. This final notice on the criteria contained in the county, name of refugee (see Footnote 1, consists of the 48 qualified counties for proposed notice published in the June eligible population), alien number, date the FY 2005—FY 2007 three-year 17, 2005, Federal Register [70 FR, vol. of birth and date of arrival in the U.S. project cycle for TAP funds. Counties 116 (June 17, 2005)]. It is believed that for each of the eligible populations qualified for TAP FY 2005 funds on the a more frequent re-determination of claimed for targeted assistance funding. basis of the most current 5-year (10/1/ county qualification for targeted Listings of refugees who were not 99—9/30/04) population are listed in assistance would not provide qualifying identified by their alien numbers (A- Tables 1, 2, 4, and 6 in this final notice. counties a sufficient period of time Numbers) were not considered.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52412 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Additionally, in FY 2005, ORR asked allocation will be made to each State by telephone number of the responsible States to submit list of asylees that they ORR on the basis of an approved State person, if administered locally. have served in their Targeted Assistance application. The State agency will, in F. The amount of funds to be awarded employment services programs. About turn, receive, review, and determine the to the targeted county or counties. In 49,000 names were submitted. ORR acceptability of individual county instances where a State receives targeted matched these names and A-Numbers targeted assistance plans. assistance funding for impacted with the data that ORR had received Pursuant to 45 CFR 400.210(b), FY counties contained in a standard from the U.S. Citizenship and 2005 targeted assistance funds must be metropolitan statistical area (SMSA) Immigration Services (USCIS) and the obligated by the State agency no later that includes a county or counties Executive Office of Immigration Review than one year after the end of the located in a neighboring State, the State (EOIR). However, only about 47 percent Federal fiscal year in which the receiving those funds must provide a or 23,337 of the names submitted were Department awarded the grant. Funds description of coordination and found to match with the records in the must be liquidated within two years planning activities undertaken with the database. The primary reasons for the after the end of the Federal fiscal year State Refugee Coordinator of the unmatched submissions were that the in which the Department awarded the neighboring State in which the asylum claim was granted outside the grant. A State’s final financial report on impacted county or counties are located. five-year eligibility period, the A- targeted assistance expenditures must These planning and coordination Number did not appear in the ORR be received no later than ninety days activities should result in a proposed database, or the name submitted did not after the end of the two-year allocation plan for the equitable match the A-Number and name in the expenditure period. If final reports are distribution of targeted assistance funds ORR database. The reason for the lack not received on time, the Department by county based on the distribution of of the A-number occurred when the will de-obligate any unexpended funds, the eligible population by county within head of household applied for asylum including any un-liquidated obligations, the SMSA. The proposed allocation but failed to list his/her family members on the basis of the State’s last filed plan must be included in the State’s in the asylum claim. The family report. application to ORR. members eventually received derivative The requirements regarding the G. Assurance that county targeted asylum status based upon the head of discretionary portion of the targeted assistance plans will include: household claim. These family members assistance program will be addressed 1. A description of the local planning may have received ORR-funded under separate continuation grant process for determining targeted services, however, their names do not awards. Continuation applications for assistance priorities and services, taking appear in the database of asylum these funds are therefore not subject to into consideration all other ORR-funded claimants because they were not provisions contained in this notice but services available to the refugee included in the initial asylum to other requirements which will be population, including formula social application of the head of household. conveyed separately. services. Therefore, these individuals remain 2. Identification of refugee/entrant unverifiable. IX. Application Requirements populations to be served by targeted In applying for targeted assistance assistance projects, including VII. Allocations funds, a State agency is required to approximate numbers of clients to be Table 1 lists the 48 qualifying provide the following: served, and a description of characteristics and needs of targeted counties, the State, the number of A. Assurance that the targeted populations. (As per 45 CFR 400.314). refugee arrivals (see Footnote 1, eligible assistance funds will be used in 3. Description of specific strategies population) in those counties during the accordance with the requirements for and services to meet the needs of 5-year period from October 1, 1999– grants in 45 CFR part 400. targeted populations. September 30, 2004, the concentration B. Assurance that the targeted percent to the county overall 4. The relationship of targeted assistance funds will be used in assistance services to other services population, the sum of ranks compliance with the administrative population, and each county’s rank, available to refugees/entrants in the requirements for grants in 45 CFR part county including formula allocated ORR based on the qualification formula 92. described above. social services to States/Wilson-Fish C. Assurance that targeted assistance agencies. Table 2 lists the 6 new eligible funds will be used primarily for the counties that qualify under the targeted 5. Analysis of available employment provision of services which are opportunities in the local community. assistance criteria. designed to enable refugees to obtain Table 3 lists the 11 counties which no Examples of acceptable analysis of jobs with less than one year’s longer qualify for TAP funds based employment opportunities might participation in the targeted assistance upon the qualification formula. include surveys of employers or Table 4 lists the final targeted program. States must indicate what potential employers of refugee clients, assistance allocations by county for FY percentage of FY 2005 targeted surveys of presently effective 2005. assistance formula allocation funds that employment service providers, review Table 5 lists the final allocations by are used for services will be allocated of studies on employment State for FY 2005. for employment services. opportunities/forecasts which would be Table 6 lists the targeted assistance D. Assurance that targeted assistance appropriate to the refugee populations. areas. funds will not be used to offset funding 6. Description of the monitoring and otherwise available to counties or local oversight responsibilities to be carried VIII. Application and Implementation jurisdictions from the State agency in its out by the county or qualifying local Process administration of other refugee jurisdiction. Under the FY 2005 targeted assistance programs, such as social services, cash H. Assurance that the local program, States may apply for and and medical assistance. administrative budget will not exceed receive grant awards on behalf of E. The name of the local agency 15% of the local allocation. Targeted qualified counties in the State. A single administering the funds, the name and assistance grants are cost-based awards.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52413
Neither a State nor a county is entitled next contracting cycle. Proposed duplicated. The detailed budget must to a certain amount for administrative performance goals must be included in also include a breakout by the funding costs. Rather, administrative cost the application for each performance sources identified in Block 15 of the SF– requests should be based on projections measure. The six ORR performance 424. of actual needs. All TAP counties will measures are: entered employments, Provide a narrative budget be allowed to spend up to 15% of their cash assistance reductions due to justification that describes how the allocation on TAP administrative costs, employment, cash assistance categorical costs are derived. Discuss as need requires. However, States and terminations due to employment, 90- the necessity, reasonableness, and counties are strongly encouraged to day employment retentions, average allocability of the proposed costs. The limit administrative costs to the extent wage at placement, and job placements Office of Refugee Resettlement is possible to maximize available funding with available health benefits. Targeted particularly interested in the following: for services to refugees. assistance program activity and progress A line item budget and justification I. For any State that administers the achieved toward meeting performance for State administrative costs limited to program directly or otherwise provides outcome goals are to be reported a maximum of 5% of the total award to direct services to the refugee/entrant/ quarterly on the ORR–6, the ‘‘Quarterly the State. Each total budget period asylee population in a qualified county Performance Report.’’ funding amount requested must be (with the concurrence of the county), States that are currently grantees for necessary, reasonable, and allocable to the State must have the same targeted assistance funds should base the project. States that administer the information contained in a county plan projected annual outcome goals on past program locally in lieu of the county, prior to issuing a Request for Proposals performance. Current grantees should through a mutual agreement with the (RFP) for services. States that administer have adequate baseline data for all of qualifying county, may request the TAG program directly may spend no the six ORR performance outcome administrative costs that add up to, but more than 5% of the total allocation, measures based on a history of targeted may not exceed, 10% of the county’s and up to 10% of the county’s assistance program experience. TAP allocation to the State’s allocation, on administrative costs that States identified as new eligible administrative budget. are reasonable, allocable, and necessary. targeted assistance grantees are also J. A description of the State’s plan for required to set proposed outcome goals XII. Reporting Requirements conducting fiscal and programmatic for each of the six ORR performance States are required to submit quarterly monitoring and evaluations of the outcome measures. New grantees may reports on the outcomes of the targeted targeted assistance program, including use baseline data, as available, and assistance program, using Schedule A frequency of on-site monitoring. current data as reported on the ORR–6 and Schedule C of the ORR–6 Quarterly K. A line item budget and justification for social services program activity to Performance Report (0970–0036). for State administrative costs limited to assist them in the goal-setting process. a maximum of 5% of the total award to New qualifying counties within States XIII. The Paperwork Reduction Act of the State. Assurance that the State will that are current grantees are also 1995 (Pub. L. 104–13) make available to the county or required to set proposed outcome goals All information collections within designated local entity not less than for each of the six ORR performance this program notice are approved under 95% of the amount of its formula outcome measures. New counties may the following valid OMB control allocation for purposes of implementing use baseline data, as available, and numbers: 424 (0348–0043); 424A (0348– the activities proposed in its plan. As current data as reported on the ORR–6 0044); 424B (0348–0040); Disclosure of stated previously, States that administer for social services program activity to Lobbying Activities (0348–0046); the program directly in lieu of the assist them in the goal-setting process. Financial Status Report (SF–269) (0348– county (through a mutual agreement Proposed targeted assistance outcome 0039) and ORR Quarterly Performance with the qualifying county), may spend goals should reflect improvement over Report (0970–0036). no more than 5% of the total award, and past performance and strive for An agency may not conduct or up to 10% of the county’s TAG continuous improvement during the sponsor, and a person is not required to allocation on administrative costs. The project period from one year to another. respond to, a collection of information administrative costs must be reasonable, Final targeted assistance outcome unless it displays a currently valid OMB allocable, and necessary. Allocable costs goals are due on November 15, 2005, in control number. for State contracting and monitoring for conjunction with the ORR Government Public reporting burden for this targeted assistance, if charged, must be Performance and Results Act (GPRA) collection of information is estimated to charged to the targeted assistance grant cycle. average 10 hours per response, and not to general State administration. XI. Budget and Budget Justification including the time for reviewing X. Results or Benefits Expected instructions, gathering and maintaining Provide line item detail and detailed the data needed, and reviewing the All applicants must establish calculations for each budget object class collection of information. proposed targeted assistance identified on the Budget Information performance goals for each of the six form (424A). Detailed calculations must Dated: August 18, 2005. ORR performance outcome measures for include estimation methods, quantities, Nguyen Van Hanh, each impacted county’s proposed unit costs, and other similar quantitative Director, Office of Refugee Resettlement. service contract(s) or sub-grants for the detail sufficient for the calculation to be BILLING CODE 4184–01–P
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52414 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4725 E:\FR\FM\02SEN1.SGM 02SEN1 EN02SE05.200 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52415
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4725 E:\FR\FM\02SEN1.SGM 02SEN1 EN02SE05.201 EN02SE05.202 52416 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4725 E:\FR\FM\02SEN1.SGM 02SEN1 EN02SE05.203 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52417
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4725 E:\FR\FM\02SEN1.SGM 02SEN1 EN02SE05.204 52418 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 EN02SE05.205 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52419
[FR Doc. 05–17373 Filed 9–1–05; 8:45 am] Federal agencies. To become certified, Partnership, 245 Pall Mall Street, BILLING CODE 4184–01–C an applicant laboratory must undergo London, ONT, Canada N6A 1P4, 519– three rounds of performance testing plus 679–1630. an on-site inspection. To maintain that General Medical Laboratories, 36 South DEPARTMENT OF HEALTH AND certification, a laboratory must Brooks St., Madison, WI 53715, 608– HUMAN SERVICES participate in a quarterly performance 267–6225. testing program plus undergo periodic, Kroll Laboratory Specialists, Inc., 1111 Substance Abuse and Mental Health on-site inspections. Newton St., Gretna, LA 70053, 504– Services Administration Laboratories which claim to be in the 361–8989/800–433–3823, (Formerly: applicant stage of certification are not to Current List of Laboratories Which Laboratory Specialists, Inc.). be considered as meeting the minimum Meet Minimum Standards To Engage in LabOne, Inc., 10101 Renner Blvd., requirements described in the HHS Urine Drug Testing for Federal Lenexa, KS 66219, 913–888–3927/ Mandatory Guidelines. A laboratory Agencies 800–873–8845, (Formerly: Center for must have its letter of certification from Laboratory Services, a Division of AGENCY: Substance Abuse and Mental HHS/SAMHSA (formerly: HHS/NIDA) LabOne, Inc.). Health Services Administration, HHS. which attests that it has met minimum Laboratory Corporation of America ACTION: Notice. standards. Holdings, 7207 N. Gessner Road, In accordance with Subpart C of the Houston, TX 77040, 713–856–8288/ SUMMARY: The Department of Health and Mandatory Guidelines dated April 13, 800–800–2387. Human Services (HHS) notifies Federal 2004 (69 FR 19644), the following Laboratory Corporation of America agencies of the laboratories currently laboratories meet the minimum Holdings, 69 First Ave., Raritan, NJ certified to meet the standards of standards to conduct drug and specimen 08869, 908–526–2400/800–437–4986, Subpart C of the Mandatory Guidelines validity tests on urine specimens: (Formerly: Roche Biomedical for Federal Workplace Drug Testing ACL Laboratories, 8901 W. Lincoln Laboratories, Inc.). Programs (Mandatory Guidelines). The Ave., West Allis, WI 53227, 414–328– Laboratory Corporation of America Mandatory Guidelines were first 7840/800–877–7016, (Formerly: published in the Federal Register on Holdings, 1904 Alexander Drive, Bayshore Clinical Laboratory). Research Triangle Park, NC 27709, April 11, 1988 (53 FR 11970), and ACM Medical Laboratory, Inc., 160 subsequently revised in the Federal 919–572–6900/800–833–3984, Elmgrove Park, Rochester, NY 14624, (Formerly: LabCorp Occupational Register on June 9, 1994 (59 FR 29908), 585–429–2264. on September 30, 1997 (62 FR 51118), Testing Services, Inc., CompuChem Advanced Toxicology Network, 3560 Laboratories, Inc.; CompuChem and on April 13, 2004 (69 FR 19644). Air Center Cove, Suite 101, Memphis, A notice listing all currently certified Laboratories, Inc., A Subsidiary of TN 38118, 901–794–5770/888–290– Roche Biomedical Laboratory; Roche laboratories is published in the Federal 1150. Register during the first week of each CompuChem Laboratories, Inc., A Aegis Analytical Laboratories, Inc., 345 Member of the Roche Group). month. If any laboratory’s certification Hill Ave., Nashville, TN 37210, 615– Laboratory Corporation of America is suspended or revoked, the laboratory 255–2400. Holdings, 10788 Roselle St., San will be omitted from subsequent lists Baptist Medical Center-Toxicology Diego, CA 92121, 800–882–7272, until such time as it is restored to full Laboratory, 9601 I–630, Exit 7, Little (Formerly: Poisonlab, Inc.). certification under the Mandatory Rock, AR 72205–7299, 501–202–2783, Guidelines. (Formerly: Forensic Toxicology Laboratory Corporation of America If any laboratory has withdrawn from Laboratory Baptist Medical Center). Holdings, 550 17th Ave., Suite 300, the HHS National Laboratory Clinical Reference Lab, 8433 Quivira Seattle, WA 98122, 206–923–7020/ Certification Program (NLCP) during the Road, Lenexa, KS 66215–2802, 800– 800–898–0180, (Formerly: DrugProof, past month, it will be listed at the end, 445–6917. Division of Dynacare/Laboratory of and will be omitted from the monthly Diagnostic Services, Inc., dba DSI, Pathology, LLC; Laboratory of listing thereafter. 12700 Westlinks Drive, Fort Myers, Pathology of Seattle, Inc.; DrugProof, This notice is also available on the FL 33913, 239–561–8200/800–735– Division of Laboratory of Pathology of Internet at http://workplace.samhsa.gov 5416. Seattle, Inc.). and http://www.drugfreeworkplace.gov. Doctors Laboratory, Inc., 2906 Julia Laboratory Corporation of America FOR FURTHER INFORMATION CONTACT: Mrs. Drive, Valdosta, GA 31602, 229–671– Holdings, 1120 Main Street, Giselle Hersh or Dr. Walter Vogl, 2281. Southaven, MS 38671, 866–827–8042/ Division of Workplace Programs, DrugScan, Inc., P.O. Box 2969, 1119 800–233–6339, (Formerly: LabCorp SAMHSA/CSAP, Room 2–1035, 1 Choke Mearns Road, Warminster, PA 18974, Occupational Testing Services, Inc.; Cherry Road, Rockville, Maryland 215–674–9310. MedExpress/National Laboratory 20857; 240–276–2600 (voice), 240–276– Dynacare Kasper Medical Laboratories*, Center). 2610 (fax). 10150–102 St., Suite 200, Edmonton, Marshfield Laboratories, Forensic SUPPLEMENTARY INFORMATION: The Alberta, Canada T5J 5E2, 780–451– Toxicology Laboratory, 1000 North Mandatory Guidelines were developed 3702/800–661–9876. Oak Ave., Marshfield, WI 54449, 715– in accordance with Executive Order ElSohly Laboratories, Inc., 5 Industrial 389–3734/800–331–3734. 12564 and section 503 of Public Law Park Drive, Oxford, MS 38655, 662– MAXXAM Analytics Inc.*, 6740 100–71. Subpart C of the Mandatory 236–2609. Campobello Road, Mississauga, ON, Guidelines, ‘‘Certification of Express Analytical Labs, 3405 7th Ave., Canada L5N 2L8, 905–817–5700, Laboratories Engaged in Urine Drug Suite 106, Marion, IA 52302, 319– (Formerly: NOVAMANN (Ontario), Testing for Federal Agencies,’’ sets strict 377–0500. Inc.). standards that laboratories must meet in Gamma-Dynacare Medical MedTox Laboratories, Inc., 402 W. order to conduct drug and specimen Laboratories*, A Division of the County Road D, St. Paul, MN 55112, validity tests on urine specimens for Gamma-Dynacare, Laboratory 651–636–7466/800–832–3244.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52420 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
MetroLab-Legacy Laboratory Services, (Formerly: SmithKline Beecham 16, 1996) as meeting the minimum standards 1225 NE 2nd Ave., Portland, OR Clinical Laboratories; International of the Mandatory Guidelines published in the 97232, 503–413–5295/800–950–5295. Toxicology Laboratories). Federal Register on April 13, 2004 (69 FR Minneapolis Veterans Affairs Medical Quest Diagnostics Incorporated, 7600 19644). After receiving DOT certification, the Center, Forensic Toxicology Tyrone Ave., Van Nuys, CA 91405, laboratory will be included in the monthly list of HHS-certified laboratories and Laboratory, 1 Veterans Drive, 818–989–2520/800–877–2520, participate in the NLCP certification Minneapolis, MN 55417, 612–725– (Formerly: SmithKline Beecham maintenance program. 2088. Clinical Laboratories). National Toxicology Laboratories, Inc., Scientific Testing Laboratories, Inc., 450 Anna Marsh, 1100 California Ave., Bakersfield, CA Southlake Blvd., Richmond, VA Executive Officer, SAMHSA. 93304, 661–322–4250/800–350–3515. 23236, 804–378–9130. [FR Doc. 05–17316 Filed 9–1–05; 8:45 am] Northwest Toxicology, a LabOne Sciteck Clinical Laboratories, Inc., 317 BILLING CODE 4160–20–P Company, 2282 South Presidents Rutledge Road, Fletcher, NC 28732, Drive, Suite C, West Valley City, UT 828–650–0409. 84120, 801–606–6301/800–322–3361, S.E.D. Medical Laboratories, 5601 Office DEPARTMENT OF HOMELAND (Formerly: LabOne, Inc., dba Blvd., Albuquerque, NM 87109, 505– SECURITY Northwest Toxicology; NWT Drug 727–6300/800–999–5227. Testing, NorthWest Toxicology, Inc.; South Bend Medical Foundation, Inc., Office of the Secretary Northwest Drug Testing, a division of 530 N. Lafayette Blvd., South Bend, [Docket No. DHS–2005–0064] NWT Inc.). IN 46601, 574–234–4176 x276. Southwest Laboratories, 4645 E. Cotton One Source Toxicology Laboratory, Inc., Notice of Meeting of National Center Boulevard, Suite 177, Phoenix, 1213 Genoa-Red Bluff, Pasadena, TX Infrastructure Advisory Council (NIAC) 77504, 888–747–3774, (Formerly: AZ 85040, 602–438–8507/800–279– University of Texas Medical Branch, 0027. AGENCY: Directorate of Information Clinical Chemistry Division; UTMB Sparrow Health System, Toxicology Analysis and Infrastructure Protection, Pathology-Toxicology Laboratory). Testing Center, St. Lawrence Campus, DHS. Oregon Medical Laboratories, P.O. Box 1210 W. Saginaw, Lansing, MI 48915, ACTION: Notice of meeting. 972, 722 East 11th Ave., Eugene, OR 517–364–7400, (Formerly: St. 97440–0972, 541–687–2134. Lawrence Hospital & Healthcare SUMMARY: The National Infrastructure Pacific Toxicology Laboratories, 9348 System). Advisory Council (NIAC) will meet in DeSoto Ave., Chatsworth, CA 91311, St. Anthony Hospital Toxicology open session. 800–328–6942, (Formerly: Centinela Laboratory, 1000 N. Lee St., DATES: Tuesday, October 11, 2005, from Hospital Airport Toxicology Oklahoma City, OK 73101, 405–272– 1:30 p.m. to 4:30 p.m. 7052. Laboratory). ADDRESSES: The National Press Club in Toxicology & Drug Monitoring Pathology Associates Medical Washington DC. Laboratories, 110 West Cliff Dr., Laboratory, University of Missouri FOR FURTHER INFORMATION CONTACT: Spokane, WA 99204, 509–755–8991/ Hospital & Clinics, 301 Business Loop 800–541–7897 x7. 70 West, Suite 208, Columbia, MO Jenny Menna, NIAC Designated Federal Physicians Reference Laboratory, 7800 65203, 573–882–1273. Officer, Department of Homeland West 110th St., Overland Park, KS Toxicology Testing Service, Inc., 5426 Security, Washington, DC 20528; 66210, 913–339–0372/800–821–3627. N.W. 79th Ave., Miami, FL 33166, telephone 703–235–5316. Quest Diagnostics Incorporated, 3175 305–593–2260. SUPPLEMENTARY INFORMATION: Notice of Presidential Dr., Atlanta, GA 30340, US Army Forensic Toxicology Drug this meeting is given under the Federal 770–452–1590/800–729–6432, Testing Laboratory, 2490 Wilson St., Advisory Committee Act (FACA), Public (Formerly: SmithKline Beecham Fort George G. Meade, MD 20755– Law 92–463, as amended (5 U.S.C. App. Clinical Laboratories; SmithKline Bio- 5235, 301–677–7085. 1 et seq.). At this meeting, the NIAC will Science Laboratories). *The Standards Council of Canada (SCC) be briefed on the status of several Quest Diagnostics Incorporated, 4770 voted to end its Laboratory Accreditation Working Group activities in which the Regent Blvd., Irving, TX 75063, 800– Program for Substance Abuse (LAPSA) Council is currently engaged. 824–6152, (Moved from the Dallas effective May 12, 1998. Laboratories certified Public Comments: You may submit location on 03/31/01; Formerly: through that program were accredited to comments, identified by DHS–2005– SmithKline Beecham Clinical conduct forensic urine drug testing as 0064, by one of the following methods: Laboratories; SmithKline Bio-Science required by U.S. Department of • EPA Federal Partner EDOCKET Transportation (DOT) regulations. As of that Laboratories). Web Site: http://www.epa.gov/ date, the certification of those accredited feddocket. Follow instructions for Quest Diagnostics Incorporated, 4230 Canadian laboratories will continue under South Burnham Ave., Suite 250, Las submitting comments on the Web site. DOT authority. The responsibility for • Vegas, NV 89119–5412, 702–733– conducting quarterly performance testing Federal eRulemaking Portal: http:// 7866/800–433–2750, (Formerly: plus periodic on-site inspections of those www.regulations.gov. Follow the Associated Pathologists Laboratories, LAPSA-accredited laboratories was instructions for submitting comments. Inc.). transferred to the U.S. HHS, with the HHS’ • E-mail: Quest Diagnostics Incorporated, 400 NLCP contractor continuing to have an active [email protected]. When Egypt Road, Norristown, PA 19403, role in the performance testing and submitting comments electronically, 610–631–4600/877–642–2216, laboratory inspection processes. Other please include by DHS–2005–0064, in (Formerly: SmithKline Beecham Canadian laboratories wishing to be the subject line of the message. considered for the NLCP may apply directly • Clinical Laboratories; SmithKline Bio- to the NLCP contractor just as U.S. Mail: Jenny Menna, Department of Science Laboratories). laboratories do. Homeland Security, Directorate of Quest Diagnostics Incorporated, 506 E. Upon finding a Canadian laboratory to be Information Analysis and Infrastructure State Pkwy., Schaumburg, IL 60173, qualified, HHS will recommend that DOT Protection, Washington, DC 20528. To 800–669–6995/847–885–2010, certify the laboratory (Federal Register, July ensure proper handling, please
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52421
reference by DHS–2005–0064, on your Analysis and Infrastructure Protection, access the Federal eRulemaking Portal correspondence. This mailing address Washington, DC 20528. Contact at http://www.regulations.gov. may be used for paper, disk or CD–ROM Telephone Number 703–235–5316. Dated: August 29, 2005. submissions. Docket: For access to the docket to • Hand Delivery/Courier: Jenny read background documents or Jenny Menna, Menna, Department of Homeland comments received, go to http:// Designated Federal Officer for the NIAC. Security, Directorate of Information www.epa.gov/feddocket. You may also
DRAFT AGENDA OF OCTOBER 11, 2005 MEETING
I. Opening of Meeting ...... Nancy J. Wong, U.S. Department of Homeland Security (DHS)/Des- ignated Federal Officer, NIAC. II. Roll Call of Members ...... Nancy J. Wong. III. Opening Remarks and Introductions ...... NIAC Chairman, Erle A. Nye, Chairman Emeritus, TXU and Corp. NIAC Vice Chairman, John T. Chambers, Chairman and CEO, Cisco Systems, Inc. IV. Approval of July Minutes ...... NIAC Chairman Erle A. Nye. V. Status Reports on Current Working Group Initiatives ...... NIAC Chairman Erle A. Nye Presiding. A. Intelligence Coordination ...... NIAC Vice Chairman John T. Chambers, Chairman & CEO, Cisco Sys- tems, Inc. B. Education and Workforce Preparation ...... Alfred R. Berkeley III, Chairman, Pipeline Trading, LLC., NIAC Mem- ber. Dr. Linwood Rose, President, James Madison University, NIAC Mem- ber. VI. Final Reports and Deliberations ...... NIAC Chairman Erle A. Nye Presiding. A. Final Report of Risk Management Approaches to Protection ...... Martha Marsh, President & CEO, Stanford Hospital and Clinics, NIAC Member. Thomas E. Noonan, Chairman, President & CEO, Internet Security Systems, Inc., NIAC Member. B. Deliberation and Approval of Recommendations of Final Report NIAC Members. C. Final Report on Sector Partnership Model Implementation ...... Martin G. McGuinn, Chairman & CEO, Mellon Financial Corporation, NIAC Member. Marilyn Ware, Chairman Emerita, American Water, NIAC Member. D. Deliberation and Approval of Recommendations of Final Report NIAC Members. VII. New Business ...... NIAC Chairman Erle A. Nye, NIAC. Members. TBD. A. Deliberation and Voting on New Initiatives ...... NIAC Members. B. Review of Revised NIAC Charter ...... Nancy J. Wong. VIII. Adjournment ...... NIAC Chairman Erle A. Nye.
[FR Doc. 05–17535 Filed 9–1–05; 8:45 am] impose only paperwork burdens (3) By fax to (a) the Facility at (202) BILLING CODE 4410–10–P commensurate with our performance of 493–2298 and (b) OIRA at (202) 395– duties. 6566, or e-mail to OIRA at oira- DATES: Please submit comments on or [email protected] attention: Desk DEPARTMENT OF HOMELAND before October 3, 2005. Officer for the Coast Guard. SECURITY (4)(a) Electronically through the Web ADDRESSES: To make sure that your Site for the Docket Management System Coast Guard comments and related material do not at http://dms.dot.gov. (b) OIRA does not [USCG–2005–21322] reach the docket [USCG–2005–21322] or have a Web site on which you can post OIRA more than once, please submit your comments. Collection of Information Under them by only one of the following The Docket Management Facility Review by Office of Management and means: maintains the public docket for this Budget (OMB): 1625–0015 (1)(a) By mail to the Docket notice. Comments and material received Management Facility, U.S. Department AGENCY: Coast Guard, DHS. from the public, as well as documents of Transportation (DOT), room PL–401, mentioned in this notice as being ACTION: Request for comments. 400 Seventh Street SW., Washington, available in the docket, will become part SUMMARY: In compliance with the DC 20590–0001. (b) By mail to OIRA, of this docket and will be available for Paperwork Reduction Act of 1995, this 725 17th St NW., Washington, DC inspection or copying at room PL–401 request for comments announces that 20503, to the attention of the Desk on the Plaza level of the Nassif Building, the Coast Guard has forwarded one Officer for the Coast Guard. 400 Seventh Street SW., Washington, Information Collection Request (ICR)— (2)(a) By delivery to room PL–401 at DC, between 9 a.m. and 5 p.m., Monday 1625–0015, Bridge Permit Application the address given in paragraph (1)(a) through Friday, except Federal holidays. Guide—abstracted below, to the Office above, between 9 a.m. and 5 p.m., You may also find this docket on the of Information and Regulatory Affairs Monday through Friday, except Federal Internet at http://dms.dot.gov. (OIRA) of the Office of Management and holidays. The telephone number is (202) Copies of the complete ICR are Budget (OMB) for review and comment. 366–9329. (b) By delivery to OIRA, at available through this docket on the Our ICR describes the information we the address given in paragraph (1)(b) Internet at http://dms.dot.gov, and also seek to collect from the public. Review above, to the attention of the Desk from Commandant (CG–611), U.S. Coast and comment by OIRA ensures that we Officer for the Coast Guard. Guard Headquarters, room 6106 (Attn:
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52422 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Ms. Barbara Davis), 2100 Second Street know that they reached the Facility, Dated: August 24, 2005. SW., Washington, DC 20593–0001. The please enclose a stamped, self-addressed Nathaniel Heiner, telephone number is (202) 267–2326. postcard or envelope. Acting Assistant Commandant for Command, FOR FURTHER INFORMATION CONTACT: Ms. The Coast Guard and OIRA will Control, Communications Computers and Barbara Davis, Office of Information consider all comments and material Information Technology. Management, telephone (202) 267–2326 received during the comment period. [FR Doc. 05–17471 Filed 9–1–05; 8:45 am] or fax (202) 267–4814, for questions on We may change the documents BILLING CODE 4910–15–P these documents; or Ms. Andrea M. supporting this collection of Jenkins, Program Manager, Docket information or even the underlying Operations, (202) 366–0271, for requirements in view of them. DEPARTMENT OF HOMELAND questions on the docket. Viewing comments and documents: SECURITY SUPPLEMENTARY INFORMATION: The Coast To view comments, as well as Coast Guard Guard invites comments on the documents mentioned in this notice as proposed collection of information to being available in the docket, go to DEPARTMENT OF TRANSPORTATION determine whether the collection is http://dms.dot.gov at any time and necessary for the proper performance of conduct a simple search using the Maritime Administration the functions of the Department. In docket number. You may also visit the particular, the Coast Guard would Docket Management Facility in room [USCG–2005–22219] appreciate comments addressing: (1) PL–401 on the Plaza level of the Nassif The practical utility of the collections; Building, 400 Seventh Street, SW., Northeast Gateway Energy Bridge, (2) the accuracy of the estimated burden Washington, DC, between 9 a.m. and 5 L.L.C., Liquefied Natural Gas of the collections; (3) ways to enhance p.m., Monday through Friday, except Deepwater Port License Application the quality, utility, and clarity of the Federal holidays. AGENCY: Coast Guard, DHS; Maritime information that is the subject of the Privacy Act Administration, DOT. collections; and (4) ways to minimize ACTION: Notice of application. the burden of collections on Anyone can search the electronic respondents, including the use of form of all comments received in SUMMARY: The Coast Guard and the automated collection techniques or dockets by the name of the individual Maritime Administration (MARAD) other forms of information technology. submitting the comment (or signing the announce that they have received an Comments to DMS or OIRA must comment, if submitted on behalf of an application for the licensing of a natural contain the OMB Control Number of the association, business, labor union, etc.). gas deepwater port, and that the Information Collection Request (ICR) You may review the Privacy Act application appears to contain the addressed. Comments to DMS must Statement of DOT in the Federal required information. This notice contain the docket number of this Register published on April 11, 2000 summarizes the applicant’s plans and request, [USCG 2005–21322]. For your (65 FR 19477), or you may visit http:// the procedures that will be followed in comments to OIRA to be considered, it dms.dot.gov. considering the application. is best if OIRA receives them on or Previous Request for Comments DATES: The Deepwater Port Act of 1974, before the October 3, 2005. as amended, requires any public hearing Public participation and request for This request provides a 30-day on this application to be held not later comments: We encourage you to comment period required by OIRA. The than May 1, 2006, and requires a respond to this request for comments by Coast Guard has already published the decision on the application to be made submitting comments and related 60-day notice (70 FR 32839, June 6, not later than July 31, 2006. materials. We will post all comments 2005) required by 44 U.S.C. 3506(c)(2). ADDRESSES: The public docket for received, without change, to http:// That notice elicited no comment. dms.dot.gov, and they will include any USCG–2005–22219 is maintained by personal information you have Information Collection Request the: Docket Management Facility, U.S. provided. We have an agreement with Department of Transportation, 400 Title: Bridge Permit Application Seventh Street SW., Washington, DC DOT to use their Docket Management Guide. Facility. Please see the paragraph on 20590–0001. OMB Control Number: 1625–0015. Docket contents are available for DOT’s ‘‘Privacy Act Policy’’ below. Type of Request: Extension of a Submitting comments: If you submit a public inspection and copying, at this currently approved collection. comment, please include your name and address, in room PL–401, between 9 address, identify the docket number for Affected Public: Public and private a.m. and 5 p.m., Monday through this request for comment [USCG–2005– owners of bridges over navigable waters Friday, except Federal holidays. The 21322], indicate the specific section of of the United States. Facility’s telephone is 202–366–9329, this document or the ICR to which each Forms: None. its fax is 202–493–2251, and its Web site comment applies, and give the reason Abstract: The collection of for electronic submissions or for for each comment. You may submit information is a request for a bridge electronic access to docket contents is your comments and material by permit submitted as an application for http://dms.dot.gov. electronic means, mail, fax, or delivery approval by the Coast Guard of any FOR FURTHER INFORMATION CONTACT: to the Docket Management Facility at proposed bridge project. An applicant Roddy Bachman, U.S. Coast Guard, the address under ADDRESSES, but must submit to the Coast Guard a letter telephone: 202–267–1752, email: please submit them by only one means. of application along with letter-size [email protected]. If you have If you submit them by mail or delivery, drawings (plans) and maps showing the questions on viewing the docket, call submit them in an unbound format, no proposed project and its location. Andrea M. Jenkins, Program Manager, larger than 81⁄2 by 11 inches, suitable for Burden Estimates: The estimated Docket Operations, telephone: 202–366– copying and electronic filing. If you burden has been decreased from 4,000 0271. submit them by mail and would like to hours to 2,240 hours a year. SUPPLEMENTARY INFORMATION:
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52423
Receipt of Application offshore in Massachusetts Bay, ACTION: Notice of meetings. On June 13, 2005, the Coast Guard approximately 13 miles south-southeast of the city of Gloucester, MA, in federal SUMMARY: The Towing Vessel Inspection and MARAD received an application Working Group of the Towing Safety from Northeast Gateway Energy Bridge, waters approximately 270 to 290 feet in depth, commonly referred to as Block Advisory Committee (TSAC) will meet L.L.C., a subsidiary of Excelerate Energy to discuss matters relating to these Limited Partnership, for all Federal 125. Northeast Gateway will deliver specific issues of towing safety. The authorizations required for a license to meetings will be open to the public. own, construct, and operate a deepwater natural gas to onshore markets via a new 24-inch pipeline, approximately 16.4 DATES: The Towing Vessel Inspection port governed by the Deepwater Port Working Group will meet on Act of 1974, as amended, 33 U.S.C. 1501 miles in length, from the proposed deepwater port to the existing offshore Wednesday, September 14, 2005 from 9 et seq. (the Act). On August 19, 2005, a.m. to 4:30 p.m. and on Thursday, we determined that the application 30-inch Algonquin HubLine Pipeline System. The proposed new pipeline September 15, 2005 from 8:30 a.m. to contains all information required by the 2:30 p.m. The meetings may close early Act. lateral will be owned and operated by Algonquin Gas Transmission. if all business is finished. Written Background Algonquin is seeking Federal Energy material and requests to make oral presentations should reach the Coast According to the Act, a deepwater Regulatory Commission approval for the Guard on or before September 7, 2005. port is a fixed or floating manmade pipeline concurrent with this deepwater Requests to have a copy of your material structure other than a vessel, or a group port application. The new pipeline will distributed to each member of the of structures, located beyond State also be included in the National Working Group should reach the Coast seaward boundaries and used or Environmental Policy Act review as part Guard on or before September 7, 2005. intended for use as a port or terminal for of the deepwater port application the transportation, storage, and further process. ADDRESSES: The Working Group will handling of oil or natural gas for The Northeast Gateway facility will meet in the Gallery 2 room of the transportation to any State. consist of two subsea submerged turret Arlington Hilton Hotel, 950 N. Stafford Adeepwater port must be licensed by loading buoys (STL buoys), two flexible St., Arlington, VA 22203. Please bring a the Secretary of Transportation. risers, two pipeline end manifolds government-issued ID with photo (e.g., Statutory and regulatory requirements (PLEMs), and two subsea flow lines. driver’s license). Send written material for licensing appear in 33 U.S.C. 1501 Each STL buoy will connect to a PLEM and requests to make oral presentations et seq. and in 33 CFR Part 148. Under using the flexible riser assembly, and to Mr. Gerald Miante, Commandant (G– delegations from and agreements the PLEM will connect to the subsea MSO–1), U.S. Coast Guard between the Secretary of Transportation flow line. A fleet of specially designed Headquarters, 2100 Second Street SW., and the Secretary of Homeland Security, Energy Bridge regasification vessels Washington, DC 20593–0001. This applications are processed by the Coast (EBRVs), each capable of transporting notice and related documents are Guard and MARAD. Each application is approximately 4.9 million cubic feet available on the Internet at http:// considered on its merits. (138,000 cubic meters) of LNG, will dms.dot.gov under the docket number The Act provides strict deadlines for deliver natural gas to the Northeast USCG–2005–22260. processing an application. Once we Gateway deepwater port. FOR FURTHER INFORMATION CONTACT: Mr. determine that an application contains The EBRVs will vaporize the LNG in Gerald Miante, Assistant Executive the required information, we must hold a closed Loop mode of recirculating Director of TSAC, telephone 202–267– public hearings on the application fresh water on-board the ship requiring 0214, fax 202–267–4570, or e-mail within 240 days, and the Secretary of no intake or discharge of seawater. [email protected]. Natural gas fired boilers will be used to Transportation must render a decision SUPPLEMENTARY INFORMATION: Notice of generate steam for the regasification on the application within 330 days. We these meetings is given under the facilities as well as to provide vessel will publish additional Federal Register Federal Advisory Committee Act, 5 electrical needs in normal operation. notices to inform you of these public U.S.C. App. 2 (Pub. L. 92–463, 86 Stat. hearings and other procedural Dated: August 29, 2005. 770, as amended). milestones, including environmental Howard L. Hime, Agenda of Working Group Meetings: review. The Secretary’s decision, and Acting Director of Standards, Marine Safety, The agenda for the Towing Vessel other key documents, will be filed in the Security,and Environmental Protection, U.S. Inspection Working Group tentatively public docket. Coast Guard. includes the following items: At least one public hearing must take H. Keith Lesnick, (1) Safety management system place in each adjacent coastal State. For Senior Transportation, Specialist, Deepwater requirements to be included in a purposes of the Act, Massachusetts is Ports, Program Manager, U.S. Maritime subchapter devoted to the inspection for the adjacent coastal State for this Administration. certification of towing vessels; application. Other States can apply for [FR Doc. 05–17553 Filed 9–1–05; 8:45 am] (2) Equipment requirements and adjacent coastal State status in BILLING CODE 4910–15–P personnel standards to be included in a accordance with 33 U.S.C. 1508(a)(2). subchapter devoted to the inspection for certification of towing vessels; and Summary of the Application DEPARTMENT OF HOMELAND (3) Audit and oversight requirements, Northeast Gateway Energy Bridge, SECURITY including the use of third parties, to be L.L.C., has proposed a facility to import included in a subchapter devoted to the liquefied natural gas (LNG) into the New Coast Guard inspection for certification of towing England region providing a base load vessels. [USCG–2005–22260] delivery of 400 million cubic feet per Procedural: day (MMcfd) and capable of peak Towing Safety Advisory Committee The meetings are open to the public. deliveries of approximately 800 MMcfd Please note that the meetings may close or more. The facility will be located AGENCY: Coast Guard, DHS. early if all business is finished. At the
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52424 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Chair’s discretion, members of the Marine Safety Office (MSO) The offshore boundary starts at the public may make oral presentations Wilmington, Captain of the Port (COTP), North Carolina-South Carolina border during the meeting. If you would like to Officer in Charge, Marine Inspection and proceeds southeasterly to the make an oral presentation at the (OCMI), Federal On Scene Coordinator outermost extent of the Exclusive meeting, please notify the Assistant (FOSC), Federal Maritime Security Economic Zone (EEZ) at 30 degrees Executive Director (as provided above in Coordinator (FMSC), and Search and 54.93 minutes N. latitude, 73 degrees FOR FURTHER INFORMATION CONTACT) no Rescue Mission Coordinator (SMC). The 00.06 minutes W. longitude; thence later than September 7, 2005. Written Deputy Sector Commander is designated northeasterly along the outermost extent material for distribution at the meeting alternate COTP, FMSC, FOSC, SMC and of the EEZ to a point at 36 degrees 33 should reach the Coast Guard no later Acting OCMI. The Deputy Sector minutes N. latitude, 67 degrees 44.09 than September 7, 2005. Commander also assumes active search minutes W. longitude; then west to the Information on Services for suspension (ACTSUS) authority in the North Carolina-Virginia border at the Individuals with Disabilities: For absence of the Sector Commander. A point 36 degrees 33 minutes N latitude, information on facilities or services for COTP sub-zone for the Cape Fear River 75 degrees 52.5 minutes W. individuals with disabilities or to port area has also been established. The The boundary of MSU Wilmington request special assistance at the Commanding Officer (CO) MSU COTP Zone is encompassed by the meeting, contact Mr. Miante at the Wilmington is subordinate to the Sector Sector North Carolina Zone and starts at number listed in FOR FURTHER Commander and has COTP authority for a point at 34 degrees 26 minutes N. INFORMATION CONTACT as soon as the Cape Fear River sub-zone. The latitude, 77 degrees 31 minutes W. possible. Supervisor SFO Cape Hatteras is longitude along the intersection of the Dated: August 29, 2005. subordinate to the Sector Commander Pender County and Onslow County Howard L. Hime, and will provide remote support to the lines on the Atlantic Coast and proceed Acting Director of Standards, Marine Safety, Northern Outer Banks Sub-units. A northerly along the boundary Pender Security and Environmental Protection. continuity of operations order has been County and Onslow County to the [FR Doc. 05–17512 Filed 9–1–05; 8:45 am] issued ensuring that all previous Group intersection of the Pender County, Fort Macon, Group Cape Hatteras, and BILLING CODE 4910–15–P Duplin County and Onslow County MSO Wilmington practices and lines; thence northerly along the procedures will remain in effect until boundary of the Duplin and Onslow DEPARTMENT OF HOMELAND superseded by an authorized Coast County to the intersection of the Duplin SECURITY Guard official and/or documents. This County, Onslow County and Jones continuity of operations order addresses County lines; thence northwesterly Coast Guard existing COTP regulations, orders, along the boundary of Duplin County directives and policies. [CGD05–05–070] and Jones County to the intersection of Sector North Carolina is located at the Duplin County, Jones County, and Implementation of Sector North 2301 East Fort Macon Road, Atlantic Lenoir County lines; thence Carolina Beach, NC 28512–5633. A command northwesterly along the boundary of center supporting Sector North Carolina Duplin County and Lenoir County to the AGENCY: Coast Guard, DHS. is located at this location. Sector North intersection of the Duplin County, ACTION: Notice of organizational change. Carolina is composed of a Response Lenoir County, and Wayne County SUMMARY: The Coast Guard announces Department, Prevention Department, lines; thence westerly along the the stand-up of Sector North Carolina and Logistics Department. All existing boundary of Duplin County and Wayne and its subordinate units, Marine Safety missions and functions performed by County to the intersection of the Duplin Unit (MSU) Wilmington and Sector Group Fort Macon, Group Cape County, Wayne County, and Sampson Field Office (SFO) Cape Hatteras. Sector Hatteras, and MSO Wilmington have County lines; thence northerly along the North Carolina is subordinate to the been realigned under this new boundary of Sampson County and Fifth Coast Guard District. organizational structure as of July 29, Wayne County to the intersection of the 2005. Group Fort Macon, Group Cape Sampson County, Wayne County, and DATES: This change was effective July 29, 2005. Hatteras, and MSO Wilmington no Johnston County lines; thence westerly longer exist as organizational entities. along the boundary of Sampson County ADDRESSES: Documents indicated in this The boundary of the Sector North and Johnston County to the intersection preamble as being available in the Carolina Marine Inspection Zone, COTP of the Sampson County, Johnston docket are part of docket CGD05–05– Zone and SMC Area of Responsibility County, and Harnett County lines; 070 and are available for inspection or (AOR) is as follows: the boundary starts thence southwesterly along the copying at Fifth District Marine Safety at the sea on the North Carolina-Virginia boundary of Sampson County, Harnett Division, 431 Crawford Street, border at 36 degrees 33 minute N. County and Cumberland County lines; Portsmouth, VA 23704 between 7:30 Latitude, 75 degrees 52.5 minutes W. thence westerly along the boundary of a.m. and 4:30 p.m., Monday through Longitude, and proceeds westerly along Cumberland County and Harnett County Friday, except Federal holidays. the North Carolina-Virginia boundary to to the intersection of the Cumberland FOR FURTHER INFORMATION CONTACT: the Tennessee boundary; thence County, Harnett County, and Moore Commander Brian Hall, Fifth District southwesterly along the North Carolina- County lines; thence southerly along the Marine Safety Division at 757–398– Tennessee boundary to the Georgia boundary of Cumberland County and 6520. boundary; thence easterly along the Moore County to the intersection of the SUPPLEMENTARY INFORMATION: The Sector North Carolina-Georgia boundary to the Cumberland County, Moore County, and North Carolina Commander has the South Carolina boundary; thence Hoke County lines; thence westerly authority, responsibility, and missions easterly along the North Carolina-South along the boundary of Hoke County and of the prior Group Fort Macon Carolina boundary on the sea at 36 Moore County to the intersection of the Commander, Group Cape Hatteras degrees 32.69 minutes N. latitude, 75 Hoke County, Moore County, Richmond Commander and Commanding Officer degrees 50.17 minutes W. longitude. County, and Scotland County line;
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52425
thence southeasterly along the boundary DEPARTMENT OF HOMELAND October 7, 2005 by credit card only. The of Hoke County and Scotland County to SECURITY JW Marriott Hotel, 1331 Pennsylvania the intersection of the Hoke County, Avenue, NW., Washington DC, has Scotland County, and Robeson County Bureau of Customs and Border reserved a block of rooms for lines; thence southwesterly along the Protection Wednesday through Friday, November boundary of Robeson County and 2–4, 2005 at a rate of U.S. $239.00 per Bureau of Customs and Border Scotland County to the intersection of night. Reservations may be made Protection Trade Symposium: directly with the hotel at (202) 393– the Robeson County, Scotland County, ‘‘Globalizing Trade Security and and the North Carolina—South Carolina 2000 or 1–800–228–9290 and reference Facilitation—Realizing the Promise of the ‘‘CBP Trade Symposium’’. boundary; thence southeasterly along the WCO Framework’’ the North Carolina—South Carolina Dated: August 17, 2005. boundary to a point at 33 degrees 51.5 AGENCY: Bureau of Customs and Border Michael C. Mullen, minutes N latitude, 78 degrees 33 Protection, Homeland Security. Director, Office of Trade Relations. minutes W longitude along the ACTION: Notice of trade symposium. [FR Doc. 05–17554 Filed 9–1–05; 8:45 am] intersection of the North Carolina— BILLING CODE 9110–06–P SUMMARY: This document announces South Carolina boundary on the that the Bureau of Customs and Border Atlantic Coast: thence southeasterly to a Protection (CBP) will convene a major point on a bearing of 122 degrees at 33 DEPARTMENT OF HOMELAND trade symposium that will feature joint SECURITY degrees 17.91 minutes N latitude, 77 discussions by CBP personnel, members degrees 31.77 minutes West longitude; of the trade community, and other U.S. Citizenship and Immigration thence north to a point at 34 degrees 26 government agencies on the agency’s Services minutes N latitude, 77 degrees 31 role on international trade security minutes W longitude.’’ A chart that initiatives and programs. Members of [CIS No. 2361–05] depicts this area can be found on the the international trade and RIN 1615–ZA29 Fifth District Web page at http:// transportation communities and other www.uscg.mil/d5/D5_Units/ interested parties are encouraged to Extension of the Designation of Sectors.htm. attend, and those attending are Burundi for Temporary Protected The following information is a list of requested to register early. Status; Extension of Employment Authorization Documentation for updated command titles, addresses and DATES: Wednesday, November 2, 2005 Eligible TPS Beneficiaries points of contact to facilitate requests (Trade Compliance Workshop—2 to 5 from the public and assist with entry p.m. and Opening Reception 6–8 p.m.); AGENCY: U.S. Citizenship and into security or safety zones. Thursday, November 3, 2005 (Panels Immigration Services, DHS. and Multi-Session Workshops 8:30–5 ACTION: Notice. Sector North Carolina: Sector p.m. and Open Forum Reception with Commander: CAPT Dean Lee, Deputy Senior Managers 5–6 p.m.); Friday, SUMMARY: The designation of Burundi Sector Commander: CDR Dale Jones, November 4, 2005 (Half-day Session for Temporary Protected Status (TPS) Address: Commander, U.S. Coast Guard (Panel Discussions 8–12 p.m.)) will be will expire on November 2, 2005. This Sector North Carolina, 2301 East Fort held. Notice extends TPS for Burundi for 12 Macon Road, Atlantic Beach, NC 28512– ADDRESSES: months, until November 2, 2006, and 5633. The Trade Symposium will be held at the Ronald Reagan Building sets forth procedures for nationals of Contact: General Number, (252) 247– and International Trade Center, 1300 Burundi (or aliens having no nationality 4500. Chief, Prevention Department: Pennsylvania Avenue, NW., who last habitually resided in Burundi) (252) 247–4520; Chief, Response Washington, DC. with TPS to re-register and to apply for an extension of their employment Department: (252) 247–4535; Chief, FOR FURTHER INFORMATION CONTACT: The Logistics Department: (252) 247–4450. authorization documents (EADs) for the Office of Trade Relations at (202) 344– additional 12-month period. Certain Marine Safety Unit, Wilmington: 1440 or at [email protected]. ACS nationals of Burundi (or aliens having Commanding Officer: CDR Byron Black, Client Representatives; CBP Account no nationality who last habitually Address: U.S. Coast Guard Marine Managers; Regulatory Audit Trade resided in Burundi) who previously Safety Unit Wilmington, 721 Medical Liaisons; or to obtain the latest have not applied for TPS may be eligible Center Drive Suite 100, Wilmington, information on the program or to to apply under the late initial North Carolina 28401: (910) 772–2200. register on-line, visit the CBP Web site registration provisions. at http://www.cbp.gov. Requests for The Department of Homeland Sector Field Office, Cape Hatteras: special needs should also be sent to the Supervisor: LT Joseph Abeyta, Address: Security recognizes that some re- Office of Trade Relations at registrants may not receive their new U.S. Coast Guard Sector Field Office [email protected]. Cape Hatteras, 114 Woodhill Drive, employment authorization documents Nags Head, North Carolina 27959: (252) SUPPLEMENTARY INFORMATION: The until after their current documents 305–5188. keynote speaker will be announced at a expire on November 2, 2005. later date. The cost is $235.00 per Accordingly, when eligible TPS Dated: August 18, 2005. individual and includes all symposium beneficiaries re-register for TPS and L.L. Hereth, activities. Interested parties are appear at a U.S. Citizenship and Rear Admiral, U.S. Coast Guard, Commander, requested to register early, as space is Immigration Services Application Fifth Coast Guard District. limited. Registration will open to the Support Center for collection of [FR Doc. 05–17467 Filed 9–1–05; 8:45 am] public on or about September 23, 2005. biometrics, stickers will be affixed to BILLING CODE 4910–15–P All registrations must be made on-line their employment authorization at the CBP Web site (http://www.cbp.gov documents to extend the validity of the and must be confirmed with payment by cards through February 2006.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52426 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
DATES: The extension of the designation 1254a(b)(3)(B). Finally, section slower than expected. Specifically, the of TPS for Burundi is effective as of 244(b)(3)(C) of the Act provides for the DOS Recommendation explains that November 2, 2005, and will remain in extension of TPS for an additional despite a cease-fire on May 15, 2005, effect until November 2, 2006. The 60- period of 6 months (or, in the discretion violence has continued with attacks on day re-registration period begins of the Secretary, a period of 12 or 18 some neighborhoods of the capital, September 2, 2005 and will remain in months) unless the Secretary determines Bujumbura, as recently as June. effect until November 1, 2005. that a foreign state (or part thereof) no Questions also remain regarding the FOR FURTHER INFORMATION CONTACT: longer meets the conditions for the extent of civilian control over the Susan Kopp Keyack, Residence and designation at least 60 days before the military. While there has been some Status Services, Office of Program and designation or extension is due to end. improvement in security conditions in Regulations Development, U.S. 8 U.S.C. 1254a(b)(3)(C). parts of Burundi, fighting and resulting displacement of the population Citizenship and Immigration Services, Why Is the Secretary of Homeland continues around Bujumbura. USAID Department of Homeland Security, 111 Security Extending the TPS Designation reports that, as of February 2005, Massachusetts Avenue, NW., 3rd Floor, for Burundi for an Additional Year? Washington, DC 20529, telephone (202) sporadic attacks temporarily displaced On November 4, 1997, the Attorney 514–4754. This is a toll call. between 25,000 to 50,000 residents each General published a Notice in the month, impeding humanitarian SUPPLEMENTARY INFORMATION: Federal Register at 62 FR 59735 assistance. In May 2004, the Security Abbreviations and Terms Used in This designating TPS for Burundi based upon Council authorized a United Nations Document the ongoing armed conflict and Operation in Burundi (UNOB). The extraordinary and temporary conditions UNOB has been extended several times, Act—Immigration and Nationality Act. within the country. The Attorney most recently until December 1, 2005, to ASC—U.S. Citizenship and Immigration General subsequently extended the help create the necessary security Services, Application Support Center. designation for one year finding that the conditions for the provision of DHS—Department of Homeland conditions prompting designation humanitarian assistance and to carry out Security. continued to exist. In November 1999, the disarmament and demobilization DOS—Department of State. the Attorney General extended and re- portions of the national Disarmament, EAD—Employment Authorization designated TPS for Burundi by Demobilization and Reintegration Document. publishing a Notice in the Federal program. The World Bank estimates that RIC—U.S. Citizenship and Immigration Register at 64 FR 61123, based upon there are some 55,000 combatants to be Services, Resource Information ongoing armed conflict and demobilized; as of May 10, 2005, only Center. extraordinary and temporary conditions. 10,000 former combatants had entered TPS—Temporary Protected Status. Since that date, the Attorney General the national demobilization process. USCIS—U.S. Citizenship and and the Secretary of Homeland Security, Burundi has an estimated population Immigration Services. respectively, have extended TPS for of 6.8 million people. Currently, there What Authority Does the Secretary of Burundi five times, determining in each are approximately 800,000 Burundian Homeland Security Have To Extend the instance that the conditions warranting refugees, approximately 12 percent of Designation of TPS for Burundi? the designation continued to be met. 65 the total population, the vast majority of FR 67404, 66 FR 46027, 67 FR 55875, whom are in neighboring Tanzania, Under section 244 of the Immigration 68 FR 52405, 69 FR 60165. The most with smaller numbers in Rwanda, the and Nationality Act (Act), 8 U.S.C. recent extension became effective on Democratic Republic of Congo and other 1254a, the Secretary of Homeland November 2, 2004, and is due to end on countries in the region. The State Security, after consultation with November 2, 2005. Department reported that last year the appropriate agencies of the Government, Over the past year, the Department of United Nations High Commissioner for is authorized to designate a foreign state Homeland Security (DHS) and the Refugees estimated that 150,000 to (or part thereof) for TPS. 8 U.S.C. Department of State (DOS) have 175,000 Burundian nationals would 1254a(b)(1). The Secretary of Homeland continued to review conditions in return annually. However, the USCIS Security may then grant TPS to eligible Burundi. Based on this review, DHS has Resource Information Center (RIC) nationals of that foreign state (or aliens concluded that a 12-month extension is reported that approximately 158,000 having no nationality who last warranted because, although there has refugees have returned to Burundi since habitually resided in that state). 8 U.S.C. been progress in the peace process, both 2002. RIC Report, June 23, 2005. 1254a(a)(1). the armed conflict and extraordinary There are an estimated 120,000 At least 60 days before the expiration and temporary conditions that internally displaced persons (IDPs) of the TPS designation, or any extension prompted designation persist. Further, within Burundi. This number, however, thereof, section 244(b)(3)(A) of the Act DHS has determined that it is not shifts according to the pace of conflict. requires the Secretary to review, after contrary to the national interest of the As a result of 12 years of armed consultation with appropriate agencies United States to permit aliens who are conflict, the humanitarian situation in of the Government, the conditions in a eligible for TPS based on the Burundi continues to be dire. According foreign state designated for TPS to designation of Burundi to remain to the RIC Report: determine whether the conditions for a temporarily in the United States. See 8 • Two million people required food TPS designation continue to be met and, U.S.C. 1254a(b)(1)(C). aid in March 2005, an increase of 40 if so, the length of an extension of the On June 27, 2005, DOS submitted a percent from 2004; TPS designation. 8 U.S.C. memorandum to U.S. Citizenship and • One million two hundred thousand 1254a(b)(3)(A). If the Secretary Immigration Services (USCIS) Burundi nationals lack basic shelter; determines that the foreign state no recommending an extension of TPS for • The poverty level doubled to 67 longer meets the conditions for the TPS Burundi (DOS Recommendation). The percent between 1990 and 2003. Sixty- designation, he shall terminate the DOS Recommendation noted that while eight percent of the population lives on designation, as provided in section there have been some steps towards one dollar a day or less compared to 40 244(b)(3)(B) of the Act. 8 U.S.C. long-term peace, progress has been percent in 1993.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52427
Based upon this review, the Secretary 8 CFR 103.2(e)(4)(i), (iii). An application How May Employers Determine of Homeland Security, after consultation submitted without the required fees will Whether an EAD Has Been with appropriate Government agencies, be returned to the applicant. Automatically Extended Through finds that the conditions that prompted (4) Unlike previous registration February 2006 and Is Therefore the designation of Burundi for TPS periods, you do not need to submit Acceptable for Completion of the Form continue to be met. See 8 U.S.C. photographs with your TPS application I–9? 1254a(b)(3)(A). The armed conflict is because a photograph will be taken For purposes of verifying identity and ongoing, and there are extraordinary when you appear at a USCIS employment eligibility or re-verifying and temporary conditions in Burundi Application Support Center (ASC) for employment eligibility on the Form I–9 that prevent eligible Burundian collection of biometrics. Biometric until February 2006, employers of nationals (or aliens having no collection also includes capture of your Burundian TPS beneficiaries whose nationality who last habitually resided signature and fingerprints. EADs have been extended by an in Burundi) from returning in safety, Aliens who have previously registered extension sticker must accept such EAD assuming these aliens meet the other for TPS but whose applications remain if presented. Employers will see a statutory requirements for TPS. The pending should follow these sticker that indicates ‘‘February 2006’’ Secretary of Homeland Security also instructions if they wish to renew their on either: (1) A Form I–766 bearing the finds that it is not contrary to the TPS benefits. notation ‘‘A–12’’ or ‘‘C–19’’ on the face national interest of the United States to of the card under ‘‘Category,’’ or (2) a permit aliens who meet the eligibility What Edition of the Form I–821 Must be Form I–688B bearing the notation requirements of TPS to remain in the Submitted? ‘‘274a.12(a)(12)’’ or ‘‘274a.12(c)(19)’’ on United States temporarily. See 8 U.S.C. Form I–821 has been revised. Only the face of the card under ‘‘Provision of 1254a(b)(1)(C). On the basis of these the Form I–821 with a revision date of Law.’’ This sticker extends validity of findings, the Secretary of Homeland November 5, 2004 will be accepted. The the EAD through February 28, 2006. Security concludes that the designation bottom of each page of the revised form Employers should not request proof of of Burundi for TPS should be extended reads, ‘‘Form I–821 (Rev. 11/05/04)N.’’ Burundian citizenship. Unless put on for an additional 12-month period. See Submissions of older versions of Form notice that an employee is unauthorized 8 U.S.C. 1254a(b)(3)(C). I–821 will be rejected. to work, employers presented with an If I Currently Have Benefits Through Where Can I Obtain a Copy of the EAD that contains a valid extension the TPS Designation of Burundi, Should Revised Form I–821 Dated 11/5/04? sticker, if it appears to be genuine and I Re-register for TPS? appears to relate to the employee, Yes. If you already have received Immigration forms, including the should accept the EAD as a valid ‘‘List benefits through the TPS designation of revised Form I–821, are available from A’’ document and should not ask for Burundi, your benefits will expire on the toll-free USCIS Forms line, 1–800– additional Form I–9 documentation. November 2, 2005. Accordingly, you 870–3676, from your local USCIS This action by the Secretary of DHS must comply with the re-registration district office, or from the USCIS Web does not affect the right of an employee requirements described below in order site: http://www.uscis.gov. to present any legally acceptable to maintain TPS benefits through Where and When Should the Forms document as proof of identity and November 2, 2006. TPS benefits include and Fees Be Submitted? eligibility for employment. temporary protection against removal Employers are reminded that the laws from the United States, as well as Submit the completed forms and prohibiting unfair immigration-related employment authorization, during the applicable fee(s), if any, to the USCIS employment practices remain in full TPS designation period. 8 U.S.C. Chicago, Illinois Lockbox, as noted force and that this Notice does not 1254a(a)(1). below, during the 60-day re-registration supersede or in any way limit period that begins September 2, 2005 applicable employment verification If I am Currently Registered for TPS, or and ends November 1, 2005. rules and policy guidance. For Have a Pending Application for TPS, Who Is Eligible to Receive a Sticker To questions, employers may call the How Do I Re-register Under the USCIS Office of Business Liaison Extension? Extend the Validity of His or Her EAD From November 2, 2005 Through Employer Hotline at 1–800–357–2099 to All persons previously granted TPS February 2006? speak to a USCIS representative. Also, under the designation of Burundi who employers may call the U.S. Department wish to maintain such status must re- An individual who is a national of of Justice Office of Special Counsel for register under the extension by filing the Burundi (or an alien having no Immigration Related Unfair following: nationality who last habitually resided Employment Practices (OSC) Employer (1) Form I–821, Application for in Burundi), who has applied for and Hotline at 1–800–255–8155 or 1–800– Temporary Protected Status, without received an EAD under the TPS 362–2735 (TDD). Employees or fee; designation of Burundi, and who has applicants may call the OSC Employee (2) Form I–765, Application for not had TPS withdrawn or denied may Hotline at 1–800–255–7688 or 1–800– Employment Authorization (see the have a temporary extension sticker 237–2515 (TDD) for information chart below to determine whether you affixed to his/her current TPS-related regarding the automatic extension. must submit the one hundred seventy- EAD when the individual re-registers for Additional information is available on five dollar ($175) filing fee with Form I– TPS and appears at an ASC for the OSC Web site at http:// 765) or a fee waiver request; collection of biometrics. The sticker will www.usdoj.gov/crt/osc/index.html. (3) A biometric service fee of seventy indicate ‘‘February 2006’’ and will dollars ($70) if you are 14 years of age thereby extend the validity of the EAD Where Should an Applicant Submit His or older, or if you are under 14 and are until February 28, 2006. USCIS district or Her Application for Re-Registration requesting an Employment offices will not be providing EAD or for Late Initial Registration? Authorization Document (EAD). The extension stickers. This benefit will be The Form I–821, Form I–765, fees, biometric service fee will not be waived. available only through ASCs. and all supporting documentation
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52428 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
should be filed at the USCIS Chicago, these instructions will delay processing $175 fee or a fee waiver request Illinois Lockbox at: U.S. Citizenship and of your TPS re-registration application pursuant to 8 CFR 244.20. Immigration Services, Attn: TPS and may result in your application (3) Aliens who are submitting Form I– Burundi, P.O. Box 87583, Chicago, IL being returned to you. 765 only for data-gathering purposes (as 60680–0583 or, for non-United States Who Must Submit the $175 Filing Fee explained in the chart below) are not Postal Service deliveries: U.S. for the Form I–765? required to submit a $175 filing fee, nor Citizenship and Immigration Services, are they required to submit a fee waiver Attn: TPS Burundi, 427 S. LaSalle—3rd (1) Although all re-registrants must request. Floor, Chicago, IL 60605. submit the Form I–765, only those re- Please note that the above-stated registrants requesting an EAD, Note that TPS re-registrants and addresses are not the same as where you regardless of age, must submit the $175 applicants for late initial registration have submitted your forms during filing fee or a properly documented fee may wish to consider whether obtaining previous re-registration periods. Aliens waiver request pursuant to 8 CFR an EAD will be helpful to them for re-registering or filing for late initial 244.20. reasons other than verifying registration for TPS under the (2) Persons between the ages of 14 and employment eligibility (for example, as designation of Burundi should not send 65 (inclusive) filing under the late a photo identity document and/or in their TPS forms and fees directly to a initial registration provisions who are order to demonstrate eligibility for a USCIS district office. Failure to follow requesting an EAD also must submit the driver’s license in some states).
If Then
You are re-registering for or renewing a TPS-related EAD, regardless You must complete and file the Form I–765, Application for Employ- of your age. ment Authorization, with the $175 fee or a fee waiver request in ac- cordance with 8 CFR 244.20. You are not requesting an EAD ...... You must complete and file Form I–765 (for data-gathering purposes only) with no fee or fee waiver request.1 You are applying for a TPS-related EAD under the late initial registra- You must complete and file Form I–765 with the $175 fee or a fee tion provisions and are between the ages of 14 and 65 (inclusive). waiver request. You are applying for a TPS-related EAD under the late initial registra- You must complete and file Form I–765 (for data-gathering purposes tion provisions and are under age 14 or over age 65. only) with no fee. 1 An applicant who does not want an EAD does not need to submit the $175 fee, but must complete and submit Form I–765 for data-gathering purposes.
Who Must Submit the $70 Biometric other status they may have acquired How Does an Application for TPS Service Fee? while registered for TPS. Accordingly, if Affect My Application for Asylum or an alien held no lawful immigration Other Immigration Benefits? The $70 biometric service fee must be submitted by all aliens 14 years of age status prior to being granted TPS and An application for TPS does not affect and older who are re-registering for TPS, did not obtain any other status during an application for asylum or any other renewing temporary treatment benefits, the TPS period, he or she will have no immigration benefit. Denial of an or filing for late initial registration. In lawful status upon the termination of application for asylum or any other addition, since a photograph, signature, the TPS designation. Once the Secretary immigration benefit does not affect an and fingerprint are required to produce determines that a TPS designation applicant’s TPS eligibility, although the an EAD, any applicant under the age of should be terminated, aliens who had grounds for denying one form of relief 14 choosing to apply for an EAD must TPS under that designation and who may also be grounds for denying TPS. submit the $70 biometric service fee. have not acquired another immigration For example, a person who has been The biometric service fee cannot be status are expected to plan for their convicted of a particularly serious crime waived. 8 CFR 103.2(e)(4)(i), (iii). departure from the United States. is not eligible for asylum or TPS. 8 U.S.C. 1158(b)(2)(A)(ii); 8 U.S.C. Does TPS Lead to Lawful Permanent May I Apply for Another Immigration 1254a(c)(2)(B)(ii). Residence? Benefit While I am Registered for TPS? Does This Extension Allow Nationals of No. TPS is a temporary benefit that Yes. Registration for TPS does not Burundi (or Aliens Having No does not lead to lawful permanent prevent you from applying for another Nationality Who Last Habitually residence by itself or confer any other non-immigrant status, from filing for Resided in Burundi) To Apply for TPS immigration status. 8 U.S.C. 1254a(e), adjustment of status based on an if They Entered the United States After (f)(1), and (h). TPS also does not cure immigrant petition, or from applying for November 9, 1999? any immigration status violations, any other immigration benefit or including periods of unlawful presence No. This is a Notice of an extension protection. 8 U.S.C. 1254a(a)(5). For the that may have accrued prior to an of the TPS designation of Burundi, not alien’s filing of a prima facie eligible purposes of change of nonimmigrant a Notice re-designating Burundi for TPS. application for TPS which is ultimately status and adjustment of status, an alien An extension of a TPS designation does granted, following withdrawal of TPS, is considered as being in, and not change the required dates of or after termination of a TPS maintaining, lawful status as a continuous residence and continuous designation. When a country’s TPS nonimmigrant during the period in physical presence in the United States. designation is terminated, TPS which he or she is granted TPS. 8 U.S.C. This extension does not expand TPS beneficiaries will have the same 1254a(f)(4). availability to those beyond the current immigration status they held prior to TPS eligibility requirements for TPS (unless that status has since Burundi. To be eligible for benefits expired or been terminated), or any under this extension, nationals of
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52429
Burundi (or aliens having no nationality for TPS pursuant to the TPS extension waiver request, pursuant to 8 CFR who last habitually resided in Burundi) of Burundi should be submitted to the 244.20, with Form I–765. An alien who must have been continuously physically USCIS lockbox address listed above. does not request employment present in the United States and must authorization must still file Form I–765 What Happens When This Extension of along with Form I–821, but he or she is have continuously resided in the United TPS Expires on November 2, 2006? States since November 9, 1999. not required to submit the fee or a fee At least 60 days before this extension waiver request for filing Form I–765. Are Certain Aliens Ineligible for TPS? of the TPS designation for Burundi Failure to re-register during the re- Yes. There are certain criminal and expires on November 2, 2006, the registration period without good cause terrorism-related inadmissibility Secretary of Homeland Security, after will result in the withdrawal of TPS. 8 grounds that render an alien ineligible consultation with appropriate agencies U.S.C. 1254a(c)(3)(C). Aliens who have for TPS. 8 U.S.C. 1254a(c)(2)(A)(iii). of the Government, will review previously registered for TPS but whose Further, aliens who have been convicted conditions in Burundi and determine applications remain pending should of any felony, or two or more whether the conditions for designation follow these instructions to renew misdemeanors, committed in the United continue to be met at that time, or temporary treatment benefits. Some States are ineligible for TPS under whether the TPS designation should be persons who had not previously applied section 244(c)(2)(B) of the Act, 8 U.S.C. terminated. 8 U.S.C. 1254a(b)(3). Notice for TPS may be eligible for late initial 1254a(c)(2)(B), as are aliens described in of that determination, including the registration under 8 CFR 244.2. the bars to asylum in section basis for the determination, will be (5) At least 60 days before this 208(b)(2)(A) of the Act, 8 U.S.C. published in the Federal Register. extension ends on November 2, 2006, 1158(b)(2)(A). Notice of Extension of Designation of the Secretary of Homeland Security, What Is Late Initial Registration? TPS for Burundi after consultation with appropriate agencies of the Government, will review Some aliens who did not file for TPS By the authority vested in the the designation of Burundi for TPS and during the initial registration period Secretary of Homeland Security under determine whether the conditions for may be eligible for late initial sections 244(b)(3)(A) and (b)(3)(C) of the designation continue to be met. 8 U.S.C. registration under 8 U.S.C. Act, DHS has determined, after 1254a(b)(3)(A). Notice of that 1254a(c)(1)(A) and (c)(2) and 8 CFR consultation with the appropriate determination, including the basis for 244.2(f)(2) and (g). To apply for late Government agencies, that the the determination, will be published in initial registration an applicant must: conditions that prompted designation of the Federal Register. Id. (1) Be a national of Burundi (or an Burundi for TPS continue to be met. (6) Information concerning the alien who has no nationality and who Accordingly, DHS orders as follows: extension of designation of Burundi for last habitually resided in Burundi); (1) The designation of Burundi under TPS will be available at local USCIS (2) Have continuously resided in the section 244(b)(1)(C) of the Act is offices upon publication of this Notice United States since November 9, 1999; extended for an additional 12-month and on the USCIS Web site at http:// (3) Have been continuously physically period from November 2, 2005, to www.uscis.gov. present in the United States since November 2, 2006. 8 U.S.C. November 9, 1999; and 1254a(b)(3)(C). Dated: August 22, 2005. (4) Be admissible as an immigrant, (2) There are approximately 30 Michael Chertoff, except as provided under section nationals of Burundi (or aliens having Secretary. 244(c)(2)(A) of the Act, and not no nationality who last habitually [FR Doc. 05–17579 Filed 8–31–05; 10:06 am] ineligible under section 244(c)(2)(B) of resided in Burundi) who have been BILLING CODE 4410–10–P the Act. granted TPS and who are eligible for re- Additionally, the applicant must be registration. able to demonstrate that during the (3) To maintain TPS, a national of DEPARTMENT OF HOMELAND registration period for the initial Burundi (or an alien having no SECURITY designation (from November 4, 1997 to nationality who last habitually resided November 3, 1998), or during the in Burundi) who was granted TPS U.S. Citizenship and Immigration registration period for the re-designation during one of the initial designation Services (from November 9, 1999 to November 2, periods (or through late initial [CIS No. 2360–05] 2000), he or she: registration) and who re-registered (1) Was a nonimmigrant or had been during the subsequent extensions of this RIN 1615–ZA28 granted voluntary departure or any designation, if any, must re-register for TPS during the 60-day re-registration Extension of the Designation of Sudan relief from removal; for Temporary Protected Status; (2) Had an application for change of period from September 2, 2005 until Extension of Employment status, adjustment of status, asylum, November 1, 2005. Authorization Documentation for voluntary departure, or any relief from (4) To re-register, the alien must file Eligible TPS Beneficiaries removal or change of status pending or the following: (1) Form I–821, subject to further review or appeal; Application for Temporary Protected AGENCY: U.S. Citizenship and (3) Was a parolee or had a pending Status, without fee; (2) Form I–765, Immigration Services, DHS. request for reparole; or Application for Employment ACTION: Notice. (4) Is the spouse or child of an alien Authorization; and (3) a biometric currently eligible to be a TPS registrant. services fee of $70 if the alien is age 14 SUMMARY: The designation of Sudan for An applicant for late initial or older, or if the alien is under age 14 Temporary Protected Status (TPS) will registration must file an application for and requesting an EAD. Applications expire on November 2, 2005. This late registration within 60 days of the submitted without the required fees will Notice extends TPS for Sudan for 18 expiration or termination of the above- be returned to the applicant. If the alien months, until May 2, 2007, and sets described conditions. 8 CFR 244.2(g). requests an EAD, he or she must submit forth procedures necessary for nationals All late initial registration applications $175 or a properly documented fee of Sudan (or aliens having no
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52430 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
nationality who last habitually resided 1254a, the Secretary of Homeland designation, which took place October in Sudan) with TPS to re-register and to Security, after consultation with 7, 2004, the Secretary of Homeland apply for an extension of their appropriate agencies of the Government, Security extended and re-designated employment authorization documents is authorized to designate a foreign state Sudan for TPS due to the ongoing armed (EADs) for the additional 18-month (or part thereof) for TPS. 8 U.S.C. conflict in the Darfur region and the period. Certain nationals of Sudan (or 1254a(b)(1). The Secretary of Homeland extraordinary and temporary conditions aliens having no nationality who last Security may then grant TPS to eligible resulting from the ongoing conflict. 69 habitually resided in Sudan) who nationals of that foreign state (or aliens FR 60168. The most recent extension previously have not applied for TPS having no nationality who last and re-designation became effective on may be eligible to apply under the late habitually resided in that state). 8 U.S.C. November 2, 2004, and are due to end initial registration provisions. 1254a(a)(1). on November 2, 2005. The Department of Homeland At least 60 days before the expiration Over the past year, the Department of Security recognizes that some re- of the TPS designation, or any extension Homeland Security (DHS) and the registrants may not receive their new thereof, section 244(b)(3)(A) of the Act Department of State (DOS) have employment authorization documents requires the Secretary to review, after continued to review conditions in until after their current documents consultation with appropriate agencies Sudan. Based on this review, DHS has expire on November 2, 2005. of the Government, the conditions in a concluded that an 18-month extension Accordingly, when eligible TPS foreign state designated for TPS to is warranted because the ongoing, beneficiaries re-register for TPS and determine whether the conditions for a armed conflict and extraordinary and appear at a U.S. Citizenship and TPS designation continue to be met and, temporary conditions that prompted Immigration Services Application if so, the length of an extension of the designation persist. Further, DHS has Support Center for collection of TPS designation. 8 U.S.C. determined that it is not contrary to the biometrics, stickers will be affixed to 1254a(b)(3)(A). If the Secretary national interest of the United States to their employment authorization determines that the foreign state no permit aliens who are eligible for TPS documents to extend the validity of the longer meets the conditions for the TPS based on the designation of Sudan to cards through February 2006. designation, he shall terminate the remain temporarily in the United States. designation, as provided in section See 8 U.S.C. 1254a(b)(1)(C). DATES: The extension of the designation 244(b)(3)(B) of the Act. 8 U.S.C. On June 28, 2005, DOS submitted a of TPS for Sudan is effective November 1254a(b)(3)(B). Finally, section memorandum to U.S. Citizenship and 2, 2005, and will remain in effect until 244(b)(3)(C) of the Act provides for the Immigration Services (USCIS) May 2, 2007. The 60-day re-registration extension of TPS for an additional recommending an extension of TPS for period begins September 2, 2005 and period of 6 months (or, in the discretion Sudan (DOS Recommendation). The will remain in effect until November 1, of the Secretary, a period of 12 or 18 DOS Recommendation noted that 2005. months) unless the Secretary determines although the Government of Sudan and FOR FURTHER INFORMATION CONTACT: that a foreign state (or part thereof) no the rebel Sudan People’s Liberation Susan Kopp Keyack, Residence and longer meets the conditions for the Army/Movement signed a Status Services, Office of Program and designation at least 60 days before the Comprehensive Peace Agreement on Regulations Development, U.S. designation or extension is due to end. January 9, 2005, sporadic violence Citizenship and Immigration Services, 8 U.S.C. 1254a(b)(3)(C). continues in southern Sudan, with an Department of Homeland Security, 111 estimated 9,000 new refugee outflows Massachusetts Avenue, NW., 3rd Floor, Why Did the Secretary of Homeland since January. Several groups, including Washington, DC 20529, telephone (202) Security Decide To Extend the TPS numerous Sudanese militias and the 514–4754. This is a toll call. Designation for Sudan? Ugandan Lord’s Resistance Army, SUPPLEMENTARY INFORMATION: On November 4, 1997, the Attorney continue to threaten the long-term General published a Notice in the security of the region. Id. Abbreviations and Terms Used in This Federal Register at 62 FR 59737 The USCIS Resource Information Document designating Sudan for TPS based on an Center (RIC) reported on June 23, 2005, Act—Immigration and Nationality Act. ongoing armed conflict and that two million people were killed ASC—USCIS Application Support extraordinary and temporary conditions during the war in southern Sudan. RIC Center. within the country. The Attorney Report. Another two million southern DHS—Department of Homeland General extended this designation the Sudanese rely on assistance provided by Security. next year, determining that the Operation Lifeline Sudan. Id. There are DOS—Department of State. conditions warranting such designation over 500,000 refugees from southern EAD—Employment Authorization continued to be met. 63 FR 59337. On Sudan in Uganda, Ethiopia, the Document. November 9, 1999, the Attorney General Democratic Republic of Congo, and RIC—USCIS Resource Information extended and re-designated Sudan by Kenya. DOS Recommendation. The Center. publishing a Notice in the Federal United Nations High Commissioner for TPS—Temporary Protected Status. Register, based upon the ongoing armed Refugees (UNHCR) plans to organize the U.N.—United Nations. conflict and extraordinary and return of refugees to Southern Sudan UNHCR—United Nations High temporary conditions within the beginning in fall 2005. Id. As of June Commissioner for Refugees. country. 64 FR 61128. Subsequent to 2005, very few UNHCR-registered USCIS—U.S. Citizenship and that date, the Attorney General, and refugees have returned to southern Immigration Services. now the Secretary of Homeland Sudan. Id. Security, extended TPS for Sudan four The DOS Recommendation also What Authority Does the Secretary of times, determining in each instance that explained that armed conflict continues Homeland Security Have To Extend the the conditions warranting the in the western region of Darfur and an Designation of TPS for Sudan? designation continued to be met. 65 FR estimated 180,000 people have been Under section 244 of the Immigration 67407, 66 FR 46031, 67 FR 55877, and killed in conflict during the past two and Nationality Act (Act), 8 U.S.C. 68 FR 52410. In the most recent years. Further, approximately two
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52431
million people have been internally If I Am Currently Registered for TPS, or who has applied for and received an displaced and another 200,000 have fled Have a Pending Application for TPS, EAD under the TPS designation of to neighboring Chad as a result of the How Do I Re-register Under the Sudan, and who has not had TPS conflict. There are reports of widespread Extension? withdrawn or denied will have a killings, rapes, beatings, looting and All persons previously granted TPS temporary extension sticker affixed to his/her current TPS-related EAD when burning of property throughout the under the designation of Sudan who the individual re-registers for TPS and region. wish to maintain such status must re- appears at an ASC for collection of register under the extension by filing the Access to humanitarian aid is limited. biometrics. The sticker will indicate following: In April 2005, the United Nations (U.N.) ‘‘February 2006’’ and will thereby (1) Form I–821, Application for reported that up to four million people extend the validity of the EAD until Temporary Protected Status, without might face food shortages over the next February 28, 2006. USCIS district offices fee; 18 months. DOS Recommendation. Two will not be providing EAD extension (2) Form I–765, Application for million people are in need of food aid stickers. This benefit will be available Employment Authorization (see the in Darfur. RIC Report. The killing of only through ASCs. three aid workers in December 2004 and chart below to determine whether you must submit the one hundred seventy- How May Employers Determine general insecurity hampered five dollar ($175) filing fee with Form I– Whether an EAD Has Been humanitarian agencies from accessing 765) or a fee waiver request; Automatically Extended Through areas of Darfur in need. Id. The number (3) A biometric service fee of seventy February 2006 and Is Therefore of internally displaced persons in all of dollars ($70) if you are 14 years of age Acceptable for Completion of the Form Sudan rose from 4 million to 6 million or older, or if you are under 14 and are I–9? due to the armed conflict in Darfur. Id. requesting an Employment For purposes of verifying identity and Based upon this review, the Secretary Authorization Document (EAD). The employment eligibility or re-verifying of Homeland Security finds, after biometric service fee will not be waived. employment eligibility on the Form I–9 consultation with the appropriate 8 CFR 103.2(e)(4) (i), (iii). An until February 2006, employers of Government agencies, finds that the application submitted without the Sudanese TPS beneficiaries whose conditions that prompted the required fees will be returned to the EADs have been extended by an designation of Sudan for TPS continue applicant. extension sticker must accept such EAD to be met. See 8 U.S.C. 1254a(b)(3)(A). (4) Unlike previous registration if presented. Employers will see a The armed conflict is ongoing and there periods, you do not need to submit sticker that indicates ‘‘February 2006’’ exists extraordinary and temporary photographs with your TPS application on either: (1) a Form I–766 bearing the conditions in Sudan that prevent aliens because a photograph will be taken notation ‘‘A–12’’ or ‘‘C–19’’ on the face who are nationals of Sudan (or aliens when you appear at an USCIS of the card under ‘‘Category,’’ or (2) a having no nationality who last Application Support Center (ASC) for Form I–688B bearing the notation collection of biometrics. Biometric habitually resided in Sudan) from ‘‘274a.12(a)(12)’’ or ‘‘274a.12(c)(19)’’ on collection also includes capture of your the face of the card under ‘‘Provision of returning in safety, assuming these signature and fingerprints. Law.’’ This sticker extends validity of aliens meet the other statutory Aliens who have previously registered the EAD through February 28, 2006. requirements for TPS. The Secretary of for TPS but whose applications remain Employers should not request proof of Homeland Security also finds that it is pending should follow these Sudanese citizenship. Unless put on not contrary to the national interest of instructions if they wish to renew their notice that an employee is unauthorized the United States to permit aliens who TPS benefits. to work, employers presented with an meet the eligibility requirements of TPS EAD that contains a valid extension to remain in the United States What Edition of the Form I–821 Must sticker, if it appears to be genuine and temporarily. See 8 U.S.C. 1254a(b)(1)(C). Be Submitted? appears to relate to the employee, On the basis of these findings, the Form I–821 has been revised. Only should accept the EAD as a valid ‘‘List Secretary of Homeland Security the Form I–821 with a revision date of A’’ document and should not ask for concludes that the designation of Sudan November 5, 2004 will be accepted. The additional Form I–9 documentation. for TPS should be extended for an bottom of each page of the revised form This action by the Secretary of DHS additional 18-month period. See 8 reads, ‘‘Form I–821 (Rev. 11/05/04)N.’’ does not affect the right of an employee U.S.C. 1254a(b)(3)(C). Submissions of older versions of Form to present any legally acceptable I–821 will be rejected. document as proof of identity and If I Currently Have Benefits Through eligibility for employment. the TPS Designation of Sudan, Should Where and When Should the Forms Employers are reminded that the laws I Re-register for TPS? and Fees Be Submitted? prohibiting unfair immigration-related Submit the completed forms and employment practices remain in full Yes. If you already have received applicable fee, if any, to the USCIS force and that this Notice does not benefits through the TPS designation of Chicago, Illinois Lockbox, as noted supersede or in any way limit Sudan, your benefits will expire on below, during the 60-day re-registration applicable employment verification November 2, 2005. Accordingly, you period that begins September 2, 2005 rules and policy guidance. For must comply with the re-registration and ends November 1, 2005. questions, employers may call the requirements described below in order Who Is Eligible To Receive a Sticker USCIS Office of Business Liaison to maintain TPS benefits through May 2, To Extend the Validity of His or Her Employer Hotline at 1–800–357–2099 to 2007. TPS benefits include temporary EAD From November 2, 2005 Through speak to a USCIS representative. Also, protection against removal from the February 2006? employers may call the U.S. Department United States, as well as employment An individual who is a national of of Justice Office of Special Counsel for authorization, during the TPS Sudan (or an alien having no nationality Immigration Related Unfair designation period. 8 U.S.C. 1254a(a)(1). who last habitually resided in Sudan), Employment Practices (OSC) Employer
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52432 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Hotline at 1–800–255–8155 or 1–800– 427 S. LaSalle—3rd Floor, Chicago, IL waiver request pursuant to 8 CFR 362–2735 (TDD). Employees or 60605. 244.20. applicants may call the OSC Employee Please note that the above-stated (2) Persons between the ages of 14 and Hotline at 1–800–255–7688 or 1–800– addresses are not the same as where you 65 (inclusive) filing under the late 237–2515 (TDD) for information have submitted your forms during initial registration provisions who are regarding the automatic extension. previous re-registration periods. Aliens requesting an EAD also must submit the Additional information is available on re-registering or filing for late initial $175 fee or a fee waiver request the OSC Web site at http:// registration for TPS under the pursuant to 8 CFR 244.20. www.usdoj.gov/crt/osc/index.html. designation of Sudan should not send (3) Aliens who are submitting Form I– their TPS forms and fees directly to a 765 only for data-gathering purposes (as Where Should an Applicant Submit His USCIS district office. Failure to follow explained in the chart below) are not or Her Application for Re-Registration these instructions will delay processing required to submit a $175 filing fee, nor or for Late Initial Registration? of your TPS re-registration application are they required to submit a fee waiver and may result in your application request. The Form I–821, Form I–765, fees, being returned to you. Note that TPS re-registrants and and all supporting documentation applicants for late initial registration should be filed at the USCIS Chicago, Who Must Submit the $175 Filing Fee may wish to consider whether obtaining Illinois Lockbox at: U.S. Citizenship and for the Form I–765? an EAD will be helpful to them for Immigration Services, Attn: TPS Sudan, (1) Although all re-registrants must reasons other than verifying P.O. Box 87583, Chicago, IL 60680–0583 submit the Form I–765, only those re- employment eligibility (for example, as or, for non-United States Postal Service registrants requesting an EAD, a photo identity document and/or in (USPS) deliveries: U.S. Citizenship and regardless of age, must submit the $175 order to demonstrate eligibility for a Immigration Services, Attn: TPS Sudan, filing fee or a properly documented fee driver’s license in some states).
If Then
You are re-registering for or renewing a TPS-related EAD, regardless You must complete and file the Form I–765, Application for Employ- of your age. ment Authorization, with the $175 fee or a fee waiver request in ac- cordance with 8 CFR 244.20. Your are not requesting an EAD ...... You must complete and file Form I–765 (for data-gathering purposes only) with no fee or fee waiver request.1 You are not applying for a TPS-related EAD under the late initial reg- You must complete and file Form I–765 with the $175 fee or fee waiver istration provisions and are between the ages of 14 and 65 (inclu- request. sive). You are applying for a TPS-related EAD under the late initial registra- You must complete and file Form I–765 (for data-gathering purposes tion provisions and are under age 14 or over age 65. only) with no fee. 1 An applicant who does not want an EAD does not need to submit the $175 fee, but must complete and submit Form I–765 for data-gathering purposes.
Who Must Submit the $70 Biometric designation. When a country’s TPS protection. 8 U.S.C. 1254a(a)(5). For the Service Fee? designation is terminated, TPS purposes of change of nonimmigrant beneficiaries will have the same The $70 biometric service fee must be status and adjustment of status, an alien immigration status they held prior to submitted by all aliens 14 years of age is considered as being in, and and older who are re-registering for TPS, TPS (unless that status has since maintaining, lawful status as a renewing temporary treatment benefits, expired or been terminated), or any nonimmigrant during the period in or filing for late initial registration. In other status they may have acquired which he or she is granted TPS. 8 U.S.C. addition, since a photograph, signature, while registered for TPS. Accordingly, if 1254a(f)(4). and fingerprint are required to produce an alien held no lawful immigration status prior to being granted TPS and How Does an Application for TPS an EAD, any applicant under the age of Affect My Application for Asylum or 14 choosing to apply for an EAD must did not obtain any other status during Other Immigration Benefits? submit the $70 biometric service fee. the TPS period, he or she will have no lawful status upon the termination of The biometric service fee cannot be An application for TPS does not affect waived. 8 CFR 103.2(e)(4)(i), (iii). the TPS designation. Once the Secretary determines that a TPS designation an application for asylum or any other Does TPS Lead to Lawful Permanent should be terminated, aliens who had immigration benefit. Denial of an Residence? TPS under that designation and who application for asylum or any other immigration benefit does not affect an No. TPS is a temporary benefit that have not acquired another immigration status are expected to plan for their applicant’s TPS eligibility, although the does not lead to lawful permanent grounds for denying one form of relief residence by itself or confer any other departure from the United States. may also be grounds for denying TPS. immigration status. 8 U.S.C. 1254a(e), May I Apply for Another Immigration For example, a person who has been (f)(1), and (h). TPS also does not cure Benefit While Registered for TPS? any immigration status violations, convicted of a particularly serious crime including periods of unlawful presence Yes. Registration for TPS does not is not eligible for asylum or TPS. 8 that may have accrued prior to an prevent you from applying for another U.S.C. 1158(b)(2)(A)(ii); 8 U.S.C. alien’s filing of a prima facie eligible non-immigrant status, from filing for 1254a(c)(2)(B)(ii). application for TPS that is ultimately adjustment of status based on an granted, following withdrawal of TPS, immigrant petition, or from applying for or after termination of a TPS any other immigration benefit or
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52433
Does This Extension Allow Nationals of re-designation (from October 7, 2004 to extensions of this designation, if any, Sudan (or Aliens Having No Nationality April 5, 2005), he or she: must re-register for TPS during the 60- Who Last Habitually Resided in Sudan) (1) Was a nonimmigrant or had been day re-registration period from To Apply for TPS if They Entered the granted voluntary departure or any September 2, 2005 until November 1, United States After October 7, 2004? relief from removal; 2005. (2) Had an application for change of No. This is a Notice of an extension status, adjustment of status, asylum, (4) To re-register, the alien must file of the TPS designation of Sudan, not a voluntary departure, or any relief from the following: (1) Form I–821, Notice re-designating Sudan for TPS. An removal or change of status pending or Application for Temporary Protected extension of a TPS designation does not subject to further review or appeal; Status, without fee; (2) Form I–765, change the required dates of continuous (3) Was a parolee or had a pending Application for Employment residence and continuous physical request for reparole; or Authorization; and (3) a biometric presence in the United States. This (4) Is the spouse or child of an alien services fee of $70 if the alien is age 14 extension does not expand TPS currently eligible to be a TPS registrant. or older, or if the alien is under age 14 availability to those beyond the current An applicant for late initial and requesting an EAD. Applications TPS eligibility requirements for Sudan. registration must file an application for submitted without the required fees will To be eligible for benefits under this late registration within 60 days of the be returned to the applicant. If the alien extension, nationals of Sudan (or aliens expiration or termination of the above- requests an EAD, he or she must submit having no nationality who last described conditions. 8 CFR 244.2(g). $175 or a properly documented fee habitually resided in Sudan) must have All late initial registration applications been continuously physically present waiver request, pursuant to 8 CFR for TPS pursuant to the TPS extension 244.20, with Form I–765. An alien who and continuously resided in the United of Sudan should be submitted to the States since October 7, 2004. does not request employment USCIS lockbox address listed above. authorization must still file Form I–765 Are Certain Aliens Ineligible for TPS? What Happens When This Extension of along with Form I–821, but he or she is Yes. There are certain criminal and TPS Expires on May 2, 2007? not required to submit the fee or a fee terrorism-related inadmissibility At least 60 days before this extension waiver request for filing Form I–765. grounds that render an alien ineligible of the TPS designation for Sudan Failure to re-register without good cause for TPS. 8 U.S.C. 1254a(c)(2)(A)(iii). expires on May 2, 2007, the Secretary of will result in the withdrawal of TPS. 8 Further, aliens who have been convicted Homeland Security, after consultation U.S.C. 1254a(c)(3)(C). Aliens who have of any felony, or two or more with appropriate agencies of the previously registered for TPS but whose misdemeanors, committed in the United Government, will review conditions in applications remain pending should States are ineligible for TPS under Sudan and determine whether the follow these instructions to renew section 244(c)(2)(B) of the Act, 8 U.S.C. conditions for designation continue to temporary treatment benefits. Some 1254a(c)(2)(B), as are aliens described in be met at that time, or whether the TPS persons who had not previously applied the bars to asylum in section designation should be terminated. 8 for TPS may be eligible for late initial 208(b)(2)(A) of the Act, 8 U.S.C. U.S.C. 1254a(b)(3). Notice of that registration under 8 CFR 244.2. 1158(b)(2)(A). determination, including the basis for (5) At least 60 days before this the determination, will be published in What Is Late Initial Registration? extension ends on May 2, 2007, the the Federal Register. Some aliens who did not file for TPS Secretary of Homeland Security, after during the initial registration period Notice of Extension of Designation of consultation with appropriate agencies may be eligible for late initial TPS for Sudan of the Government, will review the registration under 8 U.S.C. By the authority vested in the designation of Sudan for TPS and 1254a(c)(1)(A) and (c)(2) and 8 CFR Secretary of Homeland Security under determine whether the conditions for 244.2(f)(2) and (g). To apply for late sections 244 (b)(3)(A) and (b)(3)(C) of designation continue to be met. 8 U.S.C. initial registration an applicant must: the Act, DHS has determined, after 1254a(b)(3)(A). Notice of that (1) Be a national of Sudan (or alien consultation with the appropriate determination, including the basis for who has no nationality and who last Government agencies, that the the determination, will be published in habitually resided in Sudan); conditions that prompted designation of the Federal Register. Id. (2) Have continuously resided in the Sudan for TPS continue to be met. (6) Information concerning the United States since October 7, 2004; Accordingly, DHS orders as follows: extension of designation of Sudan for (3) Have been continuously physically (1) The designation of Sudan under TPS will be available at local USCIS present in the United States since section 244(b)(1)(C) of the Act is offices upon publication of this Notice October 7, 2004; and extended for an additional 18-month (4) Be admissible as an immigrant, period from November 2, 2005, to May and on the USCIS Web site at http:// except as provided under section 2, 2007. 8 U.S.C. 1254a(b)(3)(C). www.uscis.gov. 244(c)(2)(A) of the Act, and not (2) There are approximately 648 Dated: August 22, 2005. ineligible under section 244(c)(2)(B) of nationals of Sudan (or aliens having no Michael Chertoff, the Act. nationality who last habitually resided Secretary. Additionally, the applicant must be in Sudan) who have been granted TPS [FR Doc. 05–17578 Filed 8–31–05; 10:06 am] able to demonstrate that during the and who are eligible for re-registration. registration period for the initial (3) To maintain TPS, a national of BILLING CODE 4410–10–P designation (from November 4, 1997 to Sudan (or an alien having no nationality November 3, 1998), during the who last habitually resided in Sudan) registration period for the first re- who was granted TPS during one of the designation (from November 9, 1999 to initial designation periods (or through November 2, 2000), or during the late initial registration) and who re- registration period for the most recent registered during the subsequent
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52434 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
DEPARTMENT OF THE INTERIOR Planner, Contra Costa County Although take of listed plant species Community Development Department, is not prohibited under the Federal ESA, Fish and Wildlife Service e-mail [email protected], telephone and therefore cannot be authorized (925) 335–1227. under an incidental take permit, plant Notice of Availability of a Draft SUPPLEMENTARY INFORMATION: species may be included on a permit in Environmental Impact Statement/ recognition of the conservation benefits Environmental Impact Report and Availability of Documents provided to them under a habitat Receipt of an Application for an Copies of the draft Plan, draft conservation plan. All species included Incidental Take Permit for the East Implementing Agreement and draft EIS/ on an incidental take permit would Contra Costa County Habitat EIR are available for public review from receive assurances under the Services Conservation Plan and Natural 9 a.m. to 5 p.m., at the Contra Costa ‘‘No Surprises’’ regulation 50 CFR Community Conservation Plan, Contra County Community Development 17.22(b)(5) and 17.32(b)(5). Costa County, CA Department (see ADDRESSES). These The Service has received an AGENCY: Fish and Wildlife Service, documents also are available on the application for an incidental take permit Interior. Association’s Web site at: http:// for implementation of the East Contra Costa County Habitat Conservation Plan ACTION: Notice of availability and www.cocohcp.org. In addition, copies of all documents receipt of application. and Natural Community Conservation are also available at the following Plan (Plan). The application has been SUMMARY: This notice announces the Contra Costa County Library locations: prepared and submitted by the East availability of the draft East Contra 751 Third Street, Brentwood, CA; 6125 Contra County Habitat Conservation Costa County Habitat Conservation Plan Clayton Road, Clayton, CA; Freedom Plan Association (Association), a joint and Natural Community Conservation High School, 1050 Neroly Road, Oakley, powers authority consisting of the Plan (Plan), draft Implementing CA; 80 Power Avenue, Pittsburg, CA; following seven agencies: Contra Costa Agreement, and draft Environmental Riverview Middle School, 205 Pacifica County; the cities of Brentwood, Impact Statement/Environmental Avenue, Bay Point, CA. Clayton, Oakley, and Pittsburg; Contra Impact Report (EIS/EIR) for public You also may obtain copies of these Costa Water District; and, East Bay review and comment. In response to documents for review by contacting Lori Regional Park District. The Association receipt of an application from the East Rinek [see FOR FURTHER INFORMATION has prepared the Plan to satisfy the Contra County Habitat Conservation CONTACT]. Documents also will be application requirements for a section Plan Association (Association), the Fish available for public inspection, by 10(a)(1)(B) permit under the Federal and Wildlife Service (Service) is appointment, during normal business ESA, of 1973, as amended, and a section considering the proposed action of hours at the Sacramento Fish and 2835 permit under the California issuing a 30-year permit for 28 species. Wildlife Office [see ADDRESSES]. Natural Community Conservation Planning Act of 2002 (NCCPA). Thus The proposed permit would authorize Meetings take of individual members of species the Plan constitutes a Habitat listed under the Federal Endangered The initial Notice of Intent to prepare Conservation Plan pursuant to the Species Act of 1973, as amended (ESA). a draft EIS/EIR and hold a public Federal ESA, and a Natural Community The permit is needed because take of scoping meeting on July 17, 2003, was Conservation Plan pursuant to the species could occur during proposed published in the Federal Register on California NCCPA. urban development activities, rural June 5, 2003 (68 FR 33736). Information The Association seeks a 30-year infrastructure projects, and preserve on past and upcoming meetings is incidental take permit for covered management activities within a 175,435- available on the Association’s Web site activities within a proposed 175,435- acre planning area located in eastern at http://www.cocohcp.org. acre planning area, located entirely in eastern Contra Costa County, California. Contra Costa County, California. Background Information The Association has requested a permit DATES: Two public meetings will be Section 9 of the Federal ESA of 1973, for 28 species, 8 of which are currently held on: Thursday, October 27, 2005, as amended, and Federal regulations listed as threatened or endangered from at 1 p.m. to 3 p.m. and 6 p.m. to prohibit the take of fish and wildlife under the Federal ESA. Of these 28 8 p.m. Written comments should be species listed as endangered or species, the Association requests a received on or before December 1, 2005. threatened (16 U.S.C. 1538). The term permit and assurances for 17 animal ADDRESSES: The public meetings will be ‘‘take’’ means to harass, harm, pursue, species and assurances for 11 plant held at: Pittsburg City Hall, 65 Civic hunt, shoot, wound, kill, trap, capture, species. Proposed covered species Drive, Pittsburg, California 94565. Send or collect, or to attempt to engage in any include 3 wildlife species currently comments by mail or facsimile to: (1) such conduct (16 U.S.C. 1532). Harm listed as endangered under the Federal Lori Rinek, Division Chief, U.S. Fish includes significant habitat modification ESA [San Joaquin kit fox (Vulpes and Wildlife Office, 2800 Cottage Way, or degradation that actually kills or macrotus mutica), longhorn fairy Room W–2605, Sacramento, California injures listed wildlife by significantly shrimp (Brachinecta longiantenna), and 95825; facsimile (916) 414–6713; and (2) impairing essential behavioral patterns, vernal pool tadpole shrimp (Lepidurus John Kopchik, Principal Planner, Contra including breeding, feeding, and packardi)] and 5 wildlife species Costa County Community Development sheltering [50 CFR 17.3(c)]. Under currently listed as threatened under the Department, 651 Pine Street, Fourth limited circumstances, the Service may Federal ESA [Alameda whipsnake Floor North Wing, Martinez, California issue permits to authorize incidental (Masticophis lateralis euryxanthus), 94553, facsimile (925) 335–1299. take of listed fish or wildlife; i.e., take giant garter snake (Thamnophis gigas), FOR FURTHER INFORMATION CONTACT: (1) that is incidental to, and not the California tiger salamander (Ambystoma Sheila Larsen, Wildlife Biologist, or Lori purpose of, otherwise lawful activity. californiense), California red-legged frog Rinek, Chief, Conservation Planning and Regulations governing incidental take (Rana aurora draytonii), and vernal pool Recovery Division, Sacramento Fish and permits for threatened and endangered fairy shrimp (Brachinecta lynchi)]. Wildlife Office, telephone (916) 414– species are found in 50 CFR 17.32 and Proposed covered species also include 9 6600; or (2) John Kopchik, Principal 17.22, respectively. wildlife species and 11 plant species
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52435
that are not listed under the Federal environmental review under the development activities within the ESA at the current time: Townsend’s California Environmental Quality Act permit area (for a maximum of 13,201 western big-eared bat (Corynorhinus and, in some cases, the National acres) could be allowed, as long as the townsendii townsendii), tricolored Environmental Policy Act. conditions of the Plan are met. blackbird (Agelaius tricolor), golden An Implementing Entity created by Proposed covered activities and eagle (Aquila chrysaetos), western the Association would be responsible projects within the Plan fall within burrowing owl (Athene cunicularia for conducting broad conservation and three distinct categories: Activities and hypugea), Swainson’s hawk (Buteo management measures, such as projects associated with urban growth swainsonii), silvery legless lizard acquiring and maintaining preserve within the urban development area; (Anniella pulchra pulchra), western land, restoring and enhancing habitat, rural infrastructure projects (totaling pond turtle (Clemmys marmorata), tracking the success of the conservation approximately 1,302 acres outside the foothill yellow-legged frog (Rana boylii), strategy, and instituting any necessary ULL); and activities that occur inside midvalley fairy shrimp (Brachinecta changes. Projects conducted by the the Plan preserves. Proposed activities mesovallensis), Mount Diablo manzanita Implementing Entity would be within the Plan preserves include the (Arctostaphylos auriculata), brittlescale consistent with the Plan and receive following: Construction and (Atriplex depressa), San Joaquin coverage for take. maintenance of recreational or spearscale (Atriplex joanquiniana), big In order to comply with the management facilities; habitat tarplant (Blepharizonia plumosa ssp. requirements of the Federal ESA, enhancement, restoration and creation; plumosa), Mount Diablo fairy lantern California ESA, and the California surveys for covered species, vegetation (Calochortus pulchellus), recurved NCCPA, the proposed Plan addresses a communities, and other resources; and larkspur (Delphinium recurvatum), number of required elements, including: emergency activities, including round-leaved filaree (Erodium species and habitat goals and objectives; firefighting, and repair of existing macrophyllum), Diablo helianthella evaluation of the effects of covered facilities due to floods or fire. During (Helianthella castanea), Brewer’s dwarf activities on covered species, including the permit term, the proposed flax (Hesperolinon breweri), showy indirect and cumulative effects; a neighboring lands provision would madia (Madia radiata), and adobe conservation strategy; a monitoring and allow agricultural lands within 1 mile of navarretia (Navarretia nigelliformis ssp. adaptive management program; the preserve boundary to be eligible for nigelliformis). descriptions of changed circumstances take coverage during the course of If the proposed Plan is approved and and remedial measures; identification of routine agricultural activities with the permit issued, take authorization of funding sources; and an assessment of certain provisions and restrictions. covered listed wildlife species would be alternatives to take of listed species. The conservation strategy was effective at the time of permit issuance. In order to define a reasonable range designed to minimize and mitigate the Take of the currently non-listed covered of expected growth, the proposed Plan impacts of covered activities, contribute wildlife species would be authorized defines two permit areas: the initial to the recovery of listed covered species, concurrent with the species’ listing urban development area and the and protect and enhance populations of under the Federal ESA, should they be maximum urban development area. non-listed covered species, as proposed. listed during the duration of the permit. Although the initial and maximum The proposed conservation strategy The proposed Plan is intended to be urban development areas bound the provides for the establishment, a comprehensive and multi- range of the proposed permit area, the enhancement, and long-term jurisdictional document, providing for final permit area may lie somewhere in management of the preserves for the regional species conservation and between, depending on local land use benefit of covered vegetation habitat planning, while allowing the decisions that occur during the communities, covered species, and prospective permitees (the County and proposed 30-year permit term. The overall biodiversity and ecosystem the cities that are members of the proposed Plan therefore encompasses a functions. The proposed preserves Association) to better manage range of alternative permit areas. Both would also serve to achieve other anticipated growth and development. the initial and maximum urban complementary goals such as recreation, The proposed Plan also is intended to development areas are based on current grazing, and crop production, as long as provide a coordinated process for general plans of the local jurisdictions. the primary biological goals of the Plan permitting and mitigating the take of The proposed initial urban are met and not compromised. The covered species as an alternative to the development area is defined by: (1) The system of new preserves would likely be current project-by-project approach. Urban Limit Line (ULL) of Contra Costa linked to existing protected lands to If the proposed Plan is approved and County and the city limits of the form a network of protected areas a permit is issued to the Association, participating cities (Pittsburg, Clayton, outside the area where new urban project proponents would submit Oakley, and Brentwood), whichever is growth is proposed to be permitted applications for incidental take largest; (2) the footprint of specific rural under the Plan. authorization to their local land use infrastructure projects outside the ULL; authority (members of the Association and (3) the boundary of any land National Environmental Policy Act holding a valid permit) as part of the acquired in fee title or conservation Compliance standard project review and approval easement and managed under the Plan. Proposed permit issuance triggers the process. The local land use authority Up to 8,949 acres of ground-disturbing need for compliance with the National would review these applications for urban development activities within the Environmental Policy Act (NEPA) and completeness and for compliance with ULL are proposed to be permitted under the California Environmental Quality the terms of the Plan. Take the initial urban development area. Act (CEQA). Accordingly, a joint NEPA/ authorization would be issued to these The proposed maximum urban CEQA document has been prepared. parties by the local land use authority development area is the largest extent to The Service is the Lead Agency if the application is complete and which the permit area could expand responsible for compliance under compliant with the Plan. As part of the under the terms of the proposed Plan. NEPA, and the Association is the Lead standard approval process, projects Under this scenario, an additional 4,252 Agency with responsibility for would require separate, project-level acres of ground-disturbing urban compliance with CEQA. As NEPA lead
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52436 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
agency, the Service is providing notice opened for 90 days to eliminate the on the EIS mailing list of the dates when of the availability of the draft EIS/EIR, need for an extension subsequent to the comments will be accepted. which evaluates the impacts of close of the comment period. All ADDRESSES: Please address questions, proposed issuance of the permit and comments received, including names comments, or concerns to the North implementation of the Plan, and as well and addresses, will become part of the Dakota Field Office, Bureau of Land as a reasonable range of alternatives. administrative record and may be made Management, Attn: Allen J. Ollila, 2933 The draft EIS/EIR analyzes three available to the public. Third Avenue West, Dickinson, North alternatives in addition to the proposed The Service will evaluate the Dakota 58601–2619, fax them to (701) Plan, described above. The proposed application, associated documents, and 227–8510, or send e-mail comments to Plan is considered Conservation comments submitted to them to prepare the attention of Allen J. Ollila at Strategy A (Alternative 1). The three a final EIS/EIR. A permit decision will [email protected]. Copies of the FEIS are alternatives are described below. be made no sooner than 30 days after available for public inspection at local The Conservation Strategy B the publication of the final EIS/EIR and public libraries and at the following Alternative (Alternative 2) would completion of the Record of Decision. BLM office locations: External Affairs provide for the same size planning area, This notice is provided pursuant to Office, Montana State Office, 5001 located entirely in eastern Contra Costa section 10(a) of the Federal ESA and Southgate Drive, Billings, MT 59107; County, with the same preserve size as Service regulations for implementing North Dakota Field Office, 2933 Third the proposed Plan, except that the NEPA, as amended (40 CFR 1506.6). We Avenue West, Dickinson, ND 58601– location of the preserve would be provide this notice in order to allow the 2619. modified. Modification of the preserve public, agencies, or other organizations locations would result in increased FOR FURTHER INFORMATION CONTACT: to review and comment on these Allen J. Ollila or Lonny R. Bagley at the protection of chaparral and cultivated documents. agriculture and decreased protection of above address or telephone: (701) 227– grassland. Conservation Strategy B Dated: August 17, 2005. 7700. would also involve less riparian Ken McDermond, SUPPLEMENTARY INFORMATION: On restoration than the proposed Plan. Deputy Manager, California/Nevada January 16, 2002, Coteau filed an Other elements of the proposed Plan Operations Office, Sacramento, CA. application with BLM to lease Federal would remain the same under [FR Doc. 05–16899 Filed 9–1–05; 8:45 am] coal deposits beneath private surface at Conservation Strategy B, including BILLING CODE 4310–55–P the following locations: species and communities covered, NDM91535 conservation measures, monitoring and T. 144 N., R. 88 W., 5th P.M. adaptive management, and DEPARTMENT OF THE INTERIOR Sec. 2: Lots 3, 4, S1⁄2NW1⁄4 implementation approach. 1 1 1 Bureau of Land Management Sec. 4: Lots 1, 2, S ⁄2NE ⁄4, S ⁄2 Compared to the Proposed Plan, the Sec. 6: All Reduced Development Area Alternative [MT–030–1320–EL, NDM91535] Sec. 8: N1⁄2NE1⁄4, SE1⁄4NE1⁄4, NW1⁄4, (Alternative 3) would provide for a N1⁄2SW1⁄4 reduced level of take due to a reduced Notice of Availability of Coal Lease T. 144 N., R. 89 W., 5th P.M. permit area. Existing open space or Final Environmental Impact Statement, Sec. 12: E1⁄2 agricultural lands within the ULL that North Dakota T. 145 N., R. 88 W., 5th P.M. Sec. 4: Lots 1, 2, 3, 4, S1⁄2N1⁄2, SE1⁄4, are not currently designated for AGENCY: Bureau of Land Management, S1⁄2SW1⁄4 development would be conserved. 1 Interior. Sec. 10: N ⁄2 Under this alternative, the permit area Sec. 14: All would be 9,330 acres. Other elements of ACTION: Notice of Availability (NOA) of Sec. 22: All the proposed Plan would remain the a Final Environmental Impact Statement Sec. 26: N1⁄2NE1⁄4, SW1⁄4NE1⁄4, NW1⁄4SE1⁄4, same under the Reduced Development (FEIS) on a Coal lease application W1⁄2 received for Federal coal tracts in the Sec. 28: E1⁄2NE1⁄4, SW1⁄4NE1⁄4, SE1⁄4NW1⁄4, Area Alternative, including species and 1 communities covered, conservation West Mine Area, Freedom Mine, Mercer S ⁄2 Sec. 34: N1⁄2N1⁄2, SE1⁄4NE1⁄4, E1⁄2SE1⁄4, measures, monitoring and adaptive County, North Dakota; NDM91535. 1 1 1 SW ⁄4SE ⁄4, SW ⁄4 management, and implementation SUMMARY: Under the National Containing 5,571 acres (more or less), approach. Mercer County, North Dakota. Under the No-Action/No-Project Environmental Policy Act (NEPA); alternative (Alternative 4), the proposed provisions in the Mineral Leasing Act of The Federal coal tract being Plan would not be adopted, and permits 1920, as amended (30 U.S.C. 181 et considered for leasing is in the West pursuant to Section 10(a)(1)(B) of the seq.); implementing regulations and Mine Area of the Freedom Mine, located Act and Section 2835 of the NCCPA other applicable statutes the Bureau of north and west of Beulah, North Dakota. would not be issued by the Service and Land Management (BLM) announces the The operator (Coteau Properties California Department of Fish and availability of the Federal coal leasing Company) of this mine applied to lease Game, respectively. Compliance with FEIS. the tract as a maintenance tract, to the Federal and California ESAs would The FEIS analyzes the impacts of extend the life of their existing mining continue to be addressed on a case-by- issuing a Federal coal lease within the operation under the provisions of the case basis. West Mine Area of the Freedom Mine, Leasing By Application regulations at 43 located in Mercer County, North Dakota, CFR 3425. Public Comments and includes 5571 acres of Federal coal. Private & State coal reserves within The Service and Association invite DATES: Written comments on the FEIS the West Mine Area currently have an the public to comment on the draft Plan, will be accepted for 30 days following approval to mine, and a reclamation draft EIS/EIR, and draft Implementing the date that the Environmental plan from the Public Service Agreement during a 90-day public Protection Agency (EPA) publishes their Commission, State of North Dakota. comment period beginning on the date NOA of the FEIS in the Federal Coteau Properties Company also has an of this notice. The comment period is Register. The BLM will notify all parties approved air quality permit for
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52437
operations at the Freedom Mine. The approval, approval with conditions, or DATES: The scoping period commences Draft Environmental Impact Statement disapproval of the revised MLA mining with the publication of this notice and (DEIS) was available for public review plan to the office of the Secretary of the will continue for at least 60 days. Public from April 30, 2004, to June 29, 2004. Interior if these tracts are leased. meetings will be held approximately The EPA and the BLM each published A Record of Decision (ROD) will be late 2005 to early 2006. All public a Notice of Availability in the Federal prepared for the LBA tract being meetings will be announced through the Register on April 30 and May 7, 2004, considered for leasing. Comments local media, newsletters, and the BLM respectively. A formal public hearing on received on the FEIS will be considered Web site (http://www.az.blm.gov) at this application was held pursuant to 43 during preparation of the ROD. least 15 days prior to the first meeting CFR 3425.4 on Wednesday June 23, Comments, including names and street (the Web site availability is subject to 2004, at the Heritage Center, Bismarck, addresses of respondents, will be change). Public notice will be provided North Dakota. The purpose of the available for public review at the Bureau specifying the date, time, and location hearing was to solicit public comments of Land Management, North Dakota that the meetings will occur and include on the DEIS, the fair market value, the Field Office, 2933 Third Avenue West, notification of when the scoping period maximum economic recovery, and the Dickinson, North Dakota, during regular will close and when comments are due. proposed competitive sale of coal business hours (8 a.m. to 4:30 p.m.), Formal opportunities for public included in the proposed tract. Three Monday through Friday, except participation will be provided upon public meetings were also held on holidays. publication of the Draft RMP/EIS. Tuesday June 1, 2004, at 4 Bears Casino [Individual respondents may request ADDRESSES: Comments may be & Lodge, New Town, North Dakota; on confidentiality. If you wish to withhold submitted by any of the following Wednesday June 2, 2004, at the Civic your name or street address from public methods: Center, Beulah, North Dakota; and on review or from disclosure under the • Web Site: http://www.az.blm.gov Thursday June 3, 2004, at Prairie Freedom of Information Act, you must (subject to change). Knights Casino & Lodge, Fort Yates, state this prominently at the beginning • E-mail: [email protected]. North Dakota. The purpose of the of your written comment. Such requests • Fax: (520) 258–7238. meetings was to present the DEIS to the will be honored to the extent allowed by • Mail: Tucson Field Office, 12661 public and to solicit comments law. All submissions from organizations East Broadway, Tucson, Arizona 85748– regarding the DEIS. The 60-day or businesses, and from individuals 7208. comment period on the DEIS ended on identifying themselves as Documents pertinent to this proposal June 29, 2004. All comments were representatives or officials of may be examined at the Tucson Field considered during the preparation of the organizations or businesses, will be Office upon request. Public comments, final EIS. made available for public inspection in including names and street addresses of The draft and final EIS analyze their entirety.] respondents, will be available for public leasing the tract as applied for. To avoid review at Bureau of Land Management, bypassing coal or to increase Karen A. Wolf, 12661 East Broadway, Tucson, Arizona competitive interest in the unleased Acting Field Manager. 85748 during regular business hours Federal coal in this area, BLM identified [FR Doc. 05–17502 Filed 9–1–05; 8:45 am] (7:30 a.m. to 4 p.m.), Monday through and evaluated other tract configurations. BILLING CODE 4310–$$–P Friday, except holidays. Individual The tract configuration that BLM has respondents may request identified as the preferred configuration confidentiality. If you wish to withhold is described and analyzed as alternative DEPARTMENT OF THE INTERIOR your name or street address from public C in the EIS. The EIS also analyzes the review or from disclosure under the alternative of rejecting the application to Bureau of Land Management Freedom of Information Act, you must lease Federal coals (the No Action [AZ 422–1610–DO–090A–241E] state this prominently at the beginning Alternative). of your comments. Such requests will be To protect cultural values a small Notice of Intent To Prepare the San honored to the extent allowed by law. portion of Federal coal was bypassed. Pedro Riparian National Conservation All submissions from organizations or This preferred alternative was selected Area and Tucson Resource businesses, and from individuals in consultation with American Indian Management Plan and Environmental identifying themselves as Tribes. The Proposed Actions and Impact Statement representatives or officials of Alternatives that are considered in the organizations or businesses, will be AGENCY: Bureau of Land Management, EIS are in conformance with the made available for public inspection in Department of the Interior. ‘‘Approved Resource Management Plan their entirety. for Public Lands Administered by the ACTION: Notice of intent. Bureau of Land Management North FOR FURTHER INFORMATION CONTACT: Dakota Field Office’’ (1987). SUMMARY: The Bureau of Land Linda Marianito, Planning and The Office of Surface Mining Management (BLM) Field Office, Environmental Coordinator, (520) 258– Reclamation and Enforcement (OSM) is Tucson, Arizona intends to prepare a 7241, or e-mail _ a cooperating agency in the preparation Resource Management Plan and Linda [email protected]. of this EIS. If the tract is leased as a Environmental Impact Statement (RMP/ SUPPLEMENTARY INFORMATION: This maintenance tract, the new lease must EIS) for the San Pedro Riparian National document provides notice that the BLM be incorporated into the existing mining Conservation Area and Tucson planning Field Office, Tucson, Arizona intends to and reclamation plan for the Freedom effort. When approved, the RMP will prepare a Resource Management Plan Mine and the Secretary of the Interior replace those portions of the existing and Environmental Impact Statement must approve each revision to the MLA Phoenix Resource Management Plan (RMP/EIS) for the San Pedro Riparian (Mineral Leasing Act) mining plan for (1989) and Safford District Resource National Conservation Area and Tucson the mine before the Federal coal can be Management Plan (1992, 1994) within planning effort. mined. OSM is the Federal agency that the Tucson Field Office administrative The two planning areas, the San would be responsible for recommending boundary. Pedro RNCA and the Tucson Field
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52438 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Office, are located in Cochise, Gila, fisheries, threatened and endangered (TMP) and Amend the Royal Gorge Pima, Pinal, and Santa Cruz Counties, species, wilderness, lands and realty, Resource Management Plan’’ was Arizona. This planning activity hydrology, soils, interpretation and announced in the Federal Register on encompasses approximately 465,000 education, sociology and economics. June 18, 2002 (67 FR 41442). The acres of public land. The plan will completion of the Gold Belt Travel Joanie Losacco, fulfill the needs and obligations set forth Management Plan Environmental by the National Environmental Policy Acting Arizona State Director. Assessment led to a 30-day public Act (NEPA), the Federal Land Policy [FR Doc. 05–17505 Filed 9–1–05; 8:45 am] comment period, starting on January 15, and Management Act (FLPMA), and BILLING CODE 4310–32–P 2004. Following analysis of the public BLM management policies. The BLM comments, a decision on the Gold Belt will work collaboratively with TMP was issued on August 18, 2004. DEPARTMENT OF THE INTERIOR interested parties to identify the The decision restricts Off-Highway management decisions that are best Bureau of Land Management Vehicle use to designated roads and suited to local, regional, and national trails in the TMP area and provides for needs and concerns. Interested [CO–200–1220–DU] the supplementary rules. governmental entities will be given the Final Supplementary Rules Regarding II. Discussion of Supplementary Rules opportunity to request Cooperating Operation of Motorized Vehicles and Agency status in the planning process. These supplementary rules apply to Bicycles and Closure of Public Lands The purpose of the public scoping the public lands within the Gold Belt to Recreational Target Shooting process is to determine relevant issues Travel Management Plan area. This area that will influence the scope of the AGENCY: Bureau of Land Management; consists of 138,600 acres of public lands environmental analysis and RMP/EIS Royal Gorge Field Office, Interior. within El Paso, Fremont, Park, and alternatives. These issues also guide the ACTION: Notice of final supplementary Teller Counties, Colorado, in the planning process. Comments on issues rules for public lands within El Paso, following described townships: and planning criteria can be submitted Fremont, Park and Teller Counties, Colorado, Sixth Principal Meridian in writing to the BLM at any public Colorado. T. 15 S., R. 70 W. through 72 W. scoping meetings, or they may be T. 16 S., R. 68 W. through 72 W. SUMMARY: The Bureau of Land mailed to the BLM at the address listed T. 17 S., R. 68 W. through 72 W. above. Management (BLM)’s Royal Gorge Field T. 18 S., R. 68 W. through 71 W. The changing needs and interests of Office is implementing supplementary These supplementary rules the public necessitate a revision to the rules. These supplementary rules implement three decisions from the existing Safford District and Phoenix implement three decisions from the Gold Belt Travel Management Plan, RMPs for this area. Preliminary issues Gold Belt Travel Management Plan, approved August 18, 2004. They and management concerns have been approved August 18, 2004. The rules include: identified by BLM personnel, other apply to the public lands within the (1) A supplementary rule limiting agencies, and in meetings with Gold Belt Travel Management Plan area motorized travel for parking, camping, individuals and user groups. The major under the management of the Royal and retrieving game to a maximum of issue themes that will be addressed in Gorge Field Office, in El Paso, Fremont, 100 feet from designated roads and trails the plan effort include: (1) Protecting Park, and Teller Counties, Colorado. in the Gold Belt Travel Management and sustaining cultural and natural The rules are needed in order to protect Plan area (138,600 acres of public resources; (2) accommodating public the area’s natural resources and provide for public health and safety. lands). demands for resources and providing for (2) A supplementary rule restricting DATES: appropriate uses; and, (3) providing The rules are effective October 3, mountain bikes to designated roads and direct community services. After 2005. trails in the Gold Belt Travel gathering public comments on what ADDRESSES: You may send inquiries or Management Plan area (138,600 acres of issues the plan should address, the suggestions to the Bureau of Land public lands). suggested issues will be placed in one Management, Royal Gorge Field Office, (3) The closure of approximately of three categories. 3170 East Main Street, Can˜ on City, 13,200 acres of public lands to 1. Issues to be resolved in the plan. Colorado 81212. recreational target shooting in the 2. Issues resolved through policy or FOR FURTHER INFORMATION CONTACT: Roy following areas: Garden Park Fossil Area administrative action. L. Masinton, Field Manager, or Leah (3,000 acres), the Shelf Road 3. Issues beyond the scope of this Quesenberry, Outdoor Recreation campgrounds and climbing area (2,900 plan. Planner, Royal Gorge Field Office, 3170 acres), a one-quarter mile wide corridor In addition to these major issues, a East Main Street, Can˜ on City, Colorado along Phantom Canyon Road (4,200 number of management questions and 81212, telephone 719–269–8500. acres), and Penrose Commons (3,100 concerns will be addressed in the plan. Individuals who use a acres). Licensed hunters in legitimate The public is encouraged to help telecommunications device for the deaf pursuit of game during the proper identify these questions and concerns (TDD) may contact them individually season with appropriate firearms, as during the scoping phase. through the Federal Information Relay defined by the Colorado Division of An interdisciplinary approach will be Service at 1–800/877–8339, 24 hours a Wildlife, are exempt from this closure. used to develop the plan in order to day, seven days a week. BLM has determined that these rules consider the variety of resource issues I. Background are necessary to prevent damage to and concerns identified. Disciplines II. Discussion of the Supplementary Rules public lands and natural resources, involved in the planning process will III. Procedural Matters reduce user conflicts, protect public include specialists with expertise in safety, and reduce vandalism to public rangeland management, minerals and I. Background and private property. geology, outdoor recreation, A ‘‘Notice of Intent To Prepare the The proposed supplementary rules archaeology, paleontology, wildlife and Gold Belt Travel Management Plan were published in the Federal Register
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52439
on March 8, 2005 (70 FR 11264). We that Government regulations do not would not deprive anyone of property received no comments on the proposed unnecessarily or disproportionately or interfere with anyone’s property supplementary rules, and therefore burden small entities. The RFA requires rights. Therefore, the Department of the publish them unchanged as final a regulatory flexibility analysis if a rule Interior has determined that these supplementary rules. The would have a significant economic supplementary rules would not cause a supplementary rules were also impact, either detrimental or beneficial, taking of private property or require inadvertently published in the Federal on a substantial number of small further discussion of takings Register on April 20, 2005 (70 FR entities. These supplementary rules implications under this Executive 20591). The supplementary rules are should have no effect on business Order. being published and implemented entities of whatever size. They merely under the authority of 43 CFR 8341.1, would impose reasonable restrictions on Executive Order 13132, Federalism 8364.1, and 8365.1–6. This notice, with certain recreational activities on certain The supplementary rules will not detailed maps, will be posted at the public lands to protect natural resources have a substantial direct effect on the Royal Gorge Field Office. and the environment, and human health and safety. Therefore, BLM has states, on the relationship between the III. Procedural Matters determined under the RFA that these national government and the states, or on the distribution of power and Executive Order 12866, Regulatory rules would not have a significant Planning and Review economic impact on a substantial responsibilities among the various number of small entities. levels of government. Government These supplementary rules are not a vehicles are expressly excluded from significant regulatory action and are not Small Business Regulatory Enforcement the effect of the vehicle restrictions. The subject to review by Office of Fairness Act (SBREFA) shooting restrictions in these Management and Budget under These supplementary rules are not a supplementary rules do not apply to Executive Order 12866. These ‘‘major rule’’ as defined at 5 U.S.C. hunting with a state hunting license. supplementary rules will not have an 804(2). They would not result in an Therefore, in accordance with Executive effect of $100 million or more on the effect on the economy of $100 million Order 13132, BLM has determined that economy. They will not adversely affect or more, in an increase in costs or these supplementary rules do not have in a material way the economy, prices, or in significant adverse effects sufficient Federalism implications to productivity, competition, jobs, the on competition, employment, warrant preparation of a Federalism environment, public health or safety, or investment, productivity, innovation, or Assessment. state, local, or tribal governments or on the ability of United States-based communities. These supplementary enterprises to compete with foreign- Executive Order 12988, Civil Justice rules will not create a serious based enterprises in domestic and Reform inconsistency or otherwise interfere export markets. They would merely Under Executive Order 12988, the with an action taken or planned by impose reasonable restrictions on Office of the Solicitor has determined another agency. These supplementary certain recreational activities on certain rules do not alter the budgetary effects public lands to protect natural resources that these supplementary rules would of entitlements, grants, user fees, or loan and the environment, and human health not unduly burden the judicial system programs or the rights or obligations of and safety. and that they meet the requirements of their recipients; nor do they raise novel sections 3(a) and 3(b) (2) of the Order. Unfunded Mandates Reform Act legal or policy issues. They merely Executive Order 13175, Consultation impose limitations on certain These supplementary rules do not and Coordination With Indian Tribal recreational activities on certain public impose an unfunded mandate on state, Governments lands to protect natural resources and local, or tribal governments or the human health and safety. private sector of more than $100 million In accordance with Executive Order per year; nor do these supplementary National Environmental Policy Act 13175, we have found that these rules have a significant or unique effect supplementary rules do not include BLM prepared an environmental on state, local, or tribal governments or policies that have tribal implications. assessment (EA) in support of the Gold the private sector. They would merely Formal consultation with 16 tribes was Belt Travel Management Plan and found impose reasonable restrictions on completed for the Gold Belt Travel that the supplementary rules certain recreational activities on certain Management Plan. implementing the plan decisions would public lands to protect natural resources not constitute a major Federal action and the environment, and human health Executive Order 13211, Actions significantly affecting the quality of the and safety. Therefore, BLM is not Concerning Regulations That human environment under section required to prepare a statement Significantly Affect Energy Supply, 102(2)(C) of the National Environmental containing the information required by Distribution, or Use Policy Act of 1969 (NEPA), 42 U.S.C. the Unfunded Mandates Reform Act (2 4332(2)(C). A detailed statement under U.S.C. 1531 et seq.). In accordance with Executive Order NEPA is not required. BLM has placed 13211, BLM has determined that the the EA, Finding of No Significant Executive Order 12630, Governmental supplementary rules will not have Impact (FONSI), and Decision Record Actions and Interference With substantial direct effects on energy on file in the BLM Administrative Constitutionally Protected Property supply, distribution or use, including Record at the address specified in the Rights (Takings) any shortfall in supply or price increase. ADDRESSES section. The supplementary rules do not The restrictions on vehicle use should represent a government action capable have no substantial effect on fuel Regulatory Flexibility Act of interfering with constitutionally consumption, and no other provision in Congress enacted the Regulatory protected property rights. The the supplementary rules has any Flexibility Act of 1980 (RFA), as reasonable restrictions that would be relationship to energy supply, amended, 5 U.S.C. 601–612, to ensure imposed by these supplementary rules distribution, or use.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52440 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Paperwork Reduction Act Penalties DEPARTMENT OF THE INTERIOR These supplementary rules do not Under section 303(a) of the Federal Bureau of Land Management contain information collection Land Policy and Management Act of requirements that the Office of 1976 (43 U.S.C. 1733(a)) and 43 CFR [UT–020–1220–MA] Management and Budget must approve 8360.0–7 if you violate any of these Establishment of Special Recreation under the Paperwork Reduction Act of supplementary rules on public lands 1995, 44 U.S.C. 3501 et seq. Management Special Recreation within the boundaries established in the Permit Fee Area, and Interim Final Author rules, you may be tried before a United Supplementary Rules on Public Lands States Magistrate and fined no more Within the Knolls Special Recreation The principal author of these than $1,000 or imprisoned for no more supplementary rules is Leah Management Area Managed by the Salt than 12 months, or both. Such Lake Field Office, UT Quesenberry, Outdoor Recreation violations may also be subject to the Planner, Royal Gorge Field Office, enhanced fines provided for by 18 AGENCY: Bureau of Land Management, Bureau of Land Management. U.S.C. 3571. Interior. Supplementary Rules for the Gold Belt Ron Wenker, ACTION: Establishment of Special Travel Management Plan Area State Director, Colorado State Office. Recreation Management Special Recreation Permit Fee Area, and Interim Under 43 CFR 8341.1, 8364.1, and [FR Doc. 05–17503 Filed 9–1–05; 8:45 am] Final Supplementary Rules with request 8365.1–6, the Bureau of Land BILLING CODE 4310–JB–P Management will enforce the following for comments. rules on the public lands within the SUMMARY: In accordance with the Knolls Gold Belt Travel Management Plan area, DEPARTMENT OF THE INTERIOR Recreation Area Management Plan, the Royal Gorge Field Office, Colorado. You Bureau of Land Management (BLM), Bureau of Land Management must follow these rules: Salt Lake Field Office, is establishing a Rules special recreation permit fee area, and [AZ–411–1232–FH] issuing interim final supplementary 1. In the Gold Belt Travel rules and requesting comments. These Floating Permit To Change at Gila Box Management Plan area (138,600 acres of interim final supplementary rules will Riparian National Conservation Area public land)— apply to public lands within the Knolls a. You must not park a motorized Special Recreation Management Area AGENCY: Bureau of Land Management, vehicle farther than 100 feet from a (SRMA) and will be effective until the Interior. designated road or trail; publication of a final supplementary b. You must not use a motorized ACTION: Change the permit required for rule. The BLM has determined these vehicle for camping more than 100 feet floating the Gila River from a Recreation interim final supplementary rules are from a designated road or trail; Use Permit to a Special Recreation necessary to enhance the safety of c. You must not use a motorized Permit. visitors, protect natural resources, vehicle for retrieving game more than improve recreation opportunities, and 100 feet from a designated road and SUMMARY: The Federal Lands Recreation protect public health. trail. Enhancement Act (FLREA) requires that DATES: The interim final supplementary 2. You must not ride mountain bikes the Bureau of Land Management (BLM) rules are effective September 2, 2005. other than on designated roads and change its fee collection at the Gila Box We invite comments until November 1, trails on public lands in the Gold Belt Riparian National Conservation Area 2005. Travel Management Plan area. (RNCA) from Recreation Use Permits to 3. You must not engage in recreational ADDRESSES: Mail or hand deliver all Special Recreation Permits. This change comments concerning the interim final target shooting on public lands in the will only affect the Gila River floatboat following areas: Garden Park Fossil Area supplementary rules to the Bureau of put-in facility along the Gila River. The Land Management, Salt Lake Field (3,000 acres), the Shelf Road fee remains the same. campgrounds and climbing area (2,900 Office, 2370 S. 2300 W. Salt Lake City, acres), a one-quarter mile wide corridor DATES: This change becomes effective Utah 84119 or e-mail comments to _ _ along Phantom Canyon Road (4,200 immediately upon termination of the Mail UT-Salt [email protected]. acres), and Penrose Commons (3,100 required 30-day public notification FOR FURTHER INFORMATION CONTACT: acres). process following publication of this Mandy Rigby, Outdoor Recreation Notice. Planner, 2370 S. 2300 W. Salt Lake City, Exceptions Utah 84119, 801–977–4300. FOR FURTHER INFORMATION CONTACT: Jeff These supplementary rules do not SUPPLEMENTARY INFORMATION: apply to emergency, law enforcement, Wilbanks, BLM Safford Field Office, 711 and Federal or other government 14th Avenue, Safford, AZ 85546; call I. Public Comment Procedures (928) 348–4573; or e-mail vehicles while being used for official or _ Written comments on the interim other emergency purposes, or to any Jeff [email protected]. final supplementary rules should be other vehicle use that is expressly SUPPLEMENTARY INFORMATION: Congress specific, confined to issues pertinent to authorized or otherwise officially passed the FLREA in 2004 as Public the interim final supplementary rules, approved by BLM. The prohibition of Law 108–447. and should explain the reason for any target shooting in rule 3 has no effect on recommended change. Where possible, hunting by licensed hunters in Dated: July 7, 2005. comments should reference the specific legitimate pursuit of game during the Bonnie Winslow, section or paragraph of the proposal proper season with appropriate Acting Field Manager. which the comment is addressing. BLM firearms, as defined by the Colorado [FR Doc. 05–17506 Filed 9–1–05; 8:45 am] may not necessarily consider or include Division of Wildlife. BILLING CODE 4310–32–P in the Administrative Record for the
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52441
final rule comments that BLM receives areas, target shooting, use of dangerous Under these circumstances, the BLM after the close of the comment period motorcycle jumps, and excessive motor finds good cause to issue these interim (see DATES), unless they are postmarked vehicle speed on maintained roads. final supplementary rules to allow for or electronically dated before the The Knolls SRMA will be established the protection of public health and deadline, or comments delivered to an as a fee site requiring the issuance of safety. The public is now invited to address other than those listed above individual Special Recreation Permits. provide additional comments on the (See ADDRESSES). The permit requirement and an interim final supplementary rules. See Comments, including names, street associated fee payment under 43 CFR the DATES and ADDRESSES sections for addresses, and other contact 2932.31 will be enforced beginning on information on submitting comments. information of respondents, will be March 1, 2006. available for public review at the Salt The public has been extensively III. Procedural Matters Lake Field Office, 2370 S. 2300 W. Salt involved in planning for the Executive Order 12866, Regulatory Lake City, Utah 84119, during regular management of the area through the Planning and Review Knolls Recreation Area Management business hours (7:45 a.m. to 3:45 p.m.), These interim final supplementary Plan (RAMP) process and review under Monday through Friday, except Federal rules are not a significant regulatory National Environmental Policy Act holidays. Individual respondents may action and are not subject to review by (NEPA). The Knolls RAMP includes a request confidentiality. If you wish to the Office of Management and Budget list of the supplementary rules that are request that BLM consider withholding under Executive Order 12866. These to be published concerning rules of your name, street address, and other interim final supplementary rules will conduct for public use within the contact information (such as: Internet not have an effect of $100 million or SRMA. With the exception of the address, fax or phone number) from more on the economy. They are not prohibition of ramps and jumps without public review or from disclosure under intended to affect commercial activity, a permit (see Section II.2 [l] below), all the Freedom of Information Act, you but contain rules of conduct for public of the interim final supplementary rules must state this prominently at the use of a certain recreational area. They were identified in the RAMP. The beginning of your comment. BLM will will not adversely affect, in a material prohibition against jumps and ramps is honor requests for confidentiality on a way, the economy, productivity, a result of recent incidents of these case-by-case basis to the extent allowed competition, jobs, the environment, structures being constructed on sand by law. BLM will make available for public health or safety, or state, local, or public inspection in their entirety all dunes in the SRMA, whose use can Tribal governments or communities. submissions from organizations or result in serious injuries and death. The These interim final supplementary rules businesses, and from individuals comment period for these interim final will not create a serious inconsistency identifying themselves as supplementary rules will allow the or otherwise interfere with an action representatives or officials of public to comment on this additional taken or planned by another agency. organizations or businesses. supplementary rule, as well as the The interim final supplementary rules supplementary rules discussed in the II. Background do not alter the budgetary effects of RAMP. The BLM is establishing these interim entitlements, grants, user fees, or loan The Salt Lake Field Office has taken programs or the right or obligations of final supplementary rules under the the following steps to involve the public authority of 43 CFR 8365.1–6, which their recipients; nor do they raise novel in planning for the area and developing legal or policy issues. They mere impose allows BLM State Directors to establish the policies contained in the interim such rules for the protection of persons, certain rules on recreational activities final supplementary rules: on a limited portion of the public lands property, and public lands and • As part of the NEPA process, we in Utah in order to protect human resources. This provision allows the published public notice of the initiation health, safety, and the environment. BLM to issue rules of less than national of the Knolls RAMP and the effect without codifying the rules in the environmental review process on July Clarity of the Interim Final Code of Federal Regulations. Upon 11, 2003. Supplementary Rules • completion, the rules will be available In February 2004, members of the Executive Order 12866 requires each for inspection in the Salt Lake Field public, affected agencies, and interested agency to write regulations that are Office; the rules will be posted at the organizations were notified of the simple and easy to understand. We Knolls Special Recreation Management completion of Draft Knolls RAMP. invite your comments on how to make Area; and they will be published in a Several methods were used to solicit these interim final supplementary rules newspaper of general circulation in the review and comments including the easier to understand, including answers affected vicinity. The overall program mailing of copies of the Draft RAMP, a to questions such as the following: authority for the operation of this news release issued in local papers and (1) Are the requirements in the recreation site is found in sections 302 on the Internet, and a mass mailing of interim final supplementary rules and 310 of the Federal Land Policy and informational postcards. clearly stated? Management Act of 1976 (43 U.S.C. • An open house meeting was (2) Do the interim final 1732, 1740). conducted on February 24, 2004. Those supplementary rules contain technical BLM finds good cause to publish attending included members of the language or jargon that interferes with these supplementary rules on an interim public, representatives from state and their clarity? final basis, effective the date of Federal agencies, and off-highway (3) Does the format of the interim final publication, because of health and vehicle clubs and organizations. supplementary rules (grouping and safety concerns due to current off- • Comments were accepted through order of sections, use of headings, highway vehicle use within the Knolls mail, personal delivery, or by e-mail. paragraphing, etc.) air or reduce their SRMA. A high amount of visitation is The Draft Knolls RAMP was available clarity? occurring within the SRMA, which has for review at the Field Office or on the (4) Would the interim final led to numerous safety concerns Internet until March 2004. Comments supplementary rules be easier to including, but not limited to: glass and received were responded to in the Final understand if they were divided into campfire remains left in sand dune Knolls RAMP completed in July 2004. more (but shorter) sections?
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52442 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
(5) Is the description of the interim on business, commercial, or industrial Consultation and Coordination With final supplementary rules in the use of the public lands. Indian Tribal Governments (E.O. 13175) SUPPLMENTARY INFORMATION section of Unfunded Mandates Reform Act this preamble helpful in understanding In accordance with Executive Order the interim final supplementary rules? These interim final supplementary 13175, we have found that these interim How could this description be more rules do not impose an unfunded final supplementary rules do not helpful in making the interim final mandate on state, local, or Tribal include policies that have Tribal supplementary rules easier to governments or the private sector of implications. The interim final understand? more than $100 million per year; nor do supplementary rules do not affect lands held for the benefit of Indians, Aleuts, Please send any comments you have these interim final supplementary rules or Eskimos. on the clarity of the interim final have a significant or unique effect on supplementary rules to the address state, local, or tribal governments or the Paperwork Reduction Act specified in the ADDRESSES section. private sector. The interim final supplementary rules do not require These interim final supplementary National Environmental Policy Act anything of state, local, or Tribal rules do not contain information collection requirements that the Office BLM has prepared an environmental governments. Therefore, BLM is not of Management and Budget must assessment (EA) and has found that the required to prepare a statement approve under the Paperwork Reduction interim final supplementary rules containing the information required by Act, 44 U.S.C. 3501 et seq. would not constitute a major Federal the Unfunded Mandates Reform Act (2 action significantly affecting the quality U.S.C. 1531 et seq.). Author of the human environment under Executive Order 12630, Governmental The principal author of these interim section 102(2)(C) of the National Actions and Interference With final supplementary rules is Mandy Environmental Policy Act of 1969 Constitutionally Protected Property Rigby, Outdoor Recreation Planner, Salt (NEPA), 42 U.S.C. 4332(2)(C). The Rights (Takings) interim final supplementary rules Lake Field Office, Bureau of Land The interim final supplementary rules Management. merely contain rules of conduct for the do not represent a government action Knolls SRMA. These rules are designed capable of interfering with Interim Final Supplementary Rules for to protect the environment and the constitutionally protected property the Knolls Special Recreation public health and safety. A detailed rights. The interim final supplementary Management Area statement under NEPA is not required. rules do not address property rights in Sec. 1 Definitions BLM has placed the EA and the Finding any form, and do not cause the of No Significant Impact (FONSI) on file impairment of anybody’s property Knolls Special Recreation in the BLM Administrative Record at rights. Therefore, the Department of the Management Area (SRMA). The Knolls ADDRESSES the address specified in the Interior has determined that these SRMA encompasses public lands section. interim final supplementary rules located in: Regulatory Flexibility Act would not cause a taking of private T. 1 S., R. 12 W., SLM, Secs. 19–23 property or require further discussion of Congress enacted the Regulatory south of the railroad grade, and 26– takings implications under this 35. Flexibility Act (RFA) of 1980, as Executive Order. amended, 5 U.S.C. 601–612, to ensure T. 2 S., R. 12 W., SLM, Secs. 2–11, and that Government regulations do not Executive Order 13132, Federalism 14–18. unnecessarily or disproportionately The interim final supplementary rules T. 1 S., R. 13 W., SLM, Secs. 19–24 burden small entities. The RFA requires will not have a substantial direct effect south of the railroad grade, and 25– a regulatory flexibility analysis if a rule on the states, on the relationship 36. would have a significant economic between the national government and T. 2 S., R. 13 W., SLM, Secs. 1–13. impact, either detrimental or beneficial, the states, or on the distribution of Off-highway vehicle. Any motorized on a substantial number of small power and responsibilities among the entities. The interim final vehicle capable of, or designed for, various levels of government. The travel on or immediately over land, supplementary rules do not pertain interim final supplementary rules affect specifically to commercial or water, or other natural terrain, land in only one state, Utah, and do not excluding: (1) Any nonamphibious governmental entities of any size, but to address jurisdictional issues involving public recreational use of specific registered motorboat; (2) Any military, the state government. Therefore, in fire, emergency, or law enforcement public lands. Therefore, BLM has accordance with Executive Order 13132, determined under the RFA that these vehicle being used for emergency BLM has determined that these interim purposes; (3) Any vehicle whose use is interim final supplementary rules final supplementary rules do not have would not have a significant economic expressly authorized by the authorized sufficient Federalism implications to officer, or otherwise officially approved; impact on a substantial number of small warrant preparation of a Federalism entities. (4) Vehicles in official use; and (5) Any Assessment. combat or combat support vehicle when Small Business Regulatory Enforcement Executive Order 12988, Civil Justice used in times of national defense Fairness Act (SBREFA) Reform emergencies. These interim final supplementary Under Executive Order 12988, the Primary vehicle: A street legal vehicle rules do not constitute a ‘‘major rule’’ as Office of the Solicitor has determined used for transportation to the recreation defined at 5 U.S.C. 804(2). The interim that these interim final supplementary site. final supplementary rules merely rules will not unduly burden the Dangerous weapon(s): Any weapon contain rules of conduct for recreational judicial system and that they meet the that in the manner of its use, or use of certain public lands. The interim requirements of sections 3(a) and 3(b)(2) intended use, is capable of causing final supplementary rules have no effect of the Order. death or serious bodily injury.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52443
Sec. 2 Prohibited Acts m. You must not enter, camp, park or improved, streamlined program, but a. You must not discharge or use stay longer than one half hour within may also serve as a model for other firearms or other dangerous weapons for the SRMA without properly paying Federal agencies. the purpose of target shooting. This does required permit fees. Permits must be purchased and visibly displayed in the Estimated not include the discharge of firearms or numbers of dangerous weapons while person(s) are windshield of all primary vehicles with engaged in bona fide hunting activities the date side facing out. Re- Burden n. You must not camp or use during established hunting seasons and sponses hours motorized vehicles within 200 feet of are properly licensed for these activities. any perennial water source or Volunteers-In-Parks b. You must not use or possess to use Program Assessment 6,100 1,630 any glass containers outside of enclosed impoundment. vehicles, camp trailers, or tents. Sec. 3 Penalties Under provisions of the Paperwork c. You must not use or possess to use Any person who violates any of these Reduction Act of 1995 and 5 CFR part as firewood any materials containing supplementary rules may be tried before 1320, Reporting and Record Keeping nails, screws, or other metal hardware, a United States Magistrate and fined no Requirements, the NPS invites including, but not limited to, wood more than $1,000 or imprisoned for no comments on the need for gathering the pallets and/or construction debris. more than 12 months, or both. 43 U.S.C. information in the proposed survey. d. You must not use an accelerant for 1733(a); 43 CFR 8360.0–7. Such Comments are invited on: (1) The the purposes of igniting a campfire. violations may also be subject to the practical utility of the information being However, you may ignite any campfire enhanced fines provided for by 18 gathered; (2) the accuracy of the burden or other material used for cooking U.S.C. 3571. hour estimate; (3) ways to enhance the purposes, by using any commercially Dated: June 15, 2005. quality, utility, and clarity of the purchased charcoal igniter or other non- information to be collected; and (4) Sally Wisely, hazardous fuels. ways to minimize the burden to e. You must not drive a motor vehicle State Director. respondents, including use of through any campfire, or through any [FR Doc. 05–17507 Filed 9–1–05; 8:45 am] automated information collection flaming debris or other flaming BILLING CODE 4310–DK–P techniques or other forms of information material(s). technology. f. You must not burn any potentially DATES: hazardous material including, but not DEPARTMENT OF THE INTERIOR Public comments will be limited to, gasoline, oil, plastic, and accepted on or before November 1, magnesium. National Park Service 2005. g. You must not ignite a campfire Send Comments To: Joy M. outside the confines of a fire pan or 60-Day Notice of Intention To Request Pietschmann, National Park Service, other container. All ashes and unburned Clearance of Collection of Information; Servicewide Volunteer Program fuel from campfires may be disposed of Opportunity for Public Comment Coordinator, 1849 C Street NW., 2450, Washington, DC 20240. in a small pit excavated with hand tools AGENCY: Department of the Interior, as long as the material being disposed National Park Service. FOR FURTHER INFORMATION CONTACT: Joy M. Pietschmann, 202–513–7141. of is mostly ash. You must not dispose ACTION: Notice and request for of non-flammable materials in a fire on comments. SUPPLEMENTARY INFORMATION: Title: public lands. BLM may authorize large National Park Service Volunteers-In- bonfires, which would go beyond the SUMMARY: The National Park Service Parks Program Assessment. limit of a fire pan, by permit on a case- (NPS) Volunteers-In-Parks (VIP) OMB Number: To be requested. by-case basis. program (Pub. L. 91–357) is collecting Expiration Date: To be requested. h. You must not operate a motorized information from volunteers in the form Type of Request: Request for new vehicle in excess of the posted speed of a survey for the purposes of clearance. limit on any maintained roadway within evaluating the program and its Description of Need: The NPS the SRMA. effectiveness. In order to effectively Volunteers-In-Parks program is i. You must not operate a motorized manage the increasing trend of authorized by the Volunteers in the vehicle in excess of 15 m.p.h. off of volunteerism in the NPS, it is Parks Act of 1969 (16 U.S.C. 18g–18j). established or maintained roadways imperative that the agency assess its The Volunteers in the Parks Act of 1969 within 50 feet of any animals, people, or strengths and weaknesses and as originally enacted was Public Law vehicles. determine methods for improved 91–357. Volunteering is an American j. You must not operate or use any efficiency. A servicewide volunteer tradition that over the years has made audio device, including, but not limited program assessment has not been an immeasurable contribution to to, a radio, television, musical conducted to date. Current VIPs will be communities, organizations, and instrument, other noise producing surveyed (mail-back/Internet-based individuals throughout the country. device, or motorized equipment questionnaire) during this process to Volunteers are vital to the success of the between the hours of 10 p.m. and 6 a.m. collect information about the current NPS. The VIP program can accept and in a manner that makes unreasonable status and needs of the program. In use voluntary help and services from noise that disturbs other visitors. addition, follow-up focus groups (3 with the public, in a way that is mutually k. You must not operate an off- up to 20 participants each) and beneficial to the NPS and the volunteer. highway vehicle without a properly telephone interviews (up to 40) will be In FY2004 140,000 volunteers donated 5 installed spark arrestor. conducted to acquire detailed data million hours of service to their national l. You must not use or possess any expanding on questionnaire results). parks at a value of $85.9 million. VIPs man-made ramp or jump, for the Recommendations for improvements come from every state and many purposes of performing acrobatic or will be made based on the findings. This different countries to help preserve and aerial stunts. process will not only aid in creating an protect America’s natural and cultural
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52444 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
heritage for the enjoyment of this and Estimated annual reporting burden: State, Island County and Town of future generations. Over the past 35 1,630 hours. Coupeville, and NPS staff from the years, this program has consistently Dated: July 19, 2005. Pacific West Region Office in Seattle, grown to become one of the Leonard E. Stowe, Washington. The purpose of these government’s largest, most successful initial meetings was to help characterize National Park Service Information Collection volunteer programs. Between FY2003 Clearance Officer. the scale and extent of the planning process. and 2004, the program experienced its [FR Doc. 05–17487 Filed 9–1–05; 8:45 am] biggest increase in history: The number The formal public scoping efforts BILLING CODE 4312–52–P of VIPs increased by 14% and the began in June 2000 with release of a number of hours by 11%. In order to scoping newsletter to approximately 650 effectively manage the increasing trend DEPARTMENT OF THE INTERIOR people on the Reserve’s mailing list. In of volunteerism in the NPS, it is addition, over 2800 newsletters were imperative that the organization assess National Park Service distributed at local public places such its strengths and weaknesses and as libraries, civic buildings, businesses, determine methods for improved Draft Environmental Impact Statement/ and parks. The planning team received efficiency. A servicewide volunteer General Management Plan: Ebey’s 36 letters during the official public program assessment has not been Landing National Historical Reserve, scoping period ending August 15, 2000. conducted to date. Volunteers (6,000) Island County, WA; Notice of In addition, during June 2000, three will be surveyed during this process Availability public scoping meetings were held in Seattle, Washington and Coupeville, (mail-back/Internet-based questionnaire) SUMMARY: Pursuant to the National to collect information about the current Washington (in total, 141 verbal Environmental Policy Act of 1969, 42 comments were recorded). Individual status and needs of the program. In U.S.C. 4332(C), and the Council on addition, follow-up focus groups (3 with scoping meetings were also held Environmental Quality Regulations (40 between August 2000 and January 2001 up to 20 participants each) and CFR part 1500–1508), the National Park telephone interviews (up to 40) will be with organizations located within the Service has prepared a Draft Reserve to discuss issues of mutual conducted to acquire detailed data Environmental Impact Statement for the expanding on questionnaire results). interest. Other meetings with other proposed general management plan for interested organizations were also Results will be reported at the Ebey’s Landing National Historical servicewide level, the regional level scheduled. Reserve (Reserve) located in Proposed Plan and Alternatives: (seven NPS regions), and the volunteer northwestern Washington. In addition work category level (to include, at Alternative A constitutes the No-Action to a ‘‘no-action’’ alternative (which alternative and serves as an minimum, work in the areas of would maintain current management), environmental baseline to facilitate interpretation, natural resource the Draft EIS describes and analyzes two comparisons between the ‘‘action’’ management, park maintenance, ‘‘action’’ alternatives which respond to alternatives. Alternative A assumes that campground hosting, and cultural public concerns and issues identified existing programs, facilities, staffing, resource management). during the scoping process, as well as and funding would generally continue Recommendations for improvements NPS’s conservation planning at their current levels. The NPS would will be made based on the findings. This requirements. These alternatives present dispose of NPS-owned and managed process will not only aid in creating an varying management strategies that farms within the Reserve to the private improved, streamlined program, but address visitor use and preservation of sector after placing conservation may also serve as a model for other cultural and natural resources that easements on them. Federal agencies. protect and reflect the rural community Alternative B is the ‘‘agency Automated data collection: This on Whidbey Island from 19th century preferred’’ alternative. The Reserve’s information will primarily be collected exploration and settlement in Puget Trust Board, and the NPS, in electronically through a designated, Sound to the present time. The potential cooperation with partners, would secure Web site. Non-automated environmental consequences of each enhance existing programs and methods (mail-back questionnaire) will alternative, and mitigation strategies, are resources management, as well as be available for those without access to identified and analyzed; a administrative, maintenance, and visitor electronic means. determination as to the services within the Reserve. To Description of respondents: National ‘‘environmentally preferred’’ alternative maintain and protect the rural Park Service Volunteers-In-Parks. is also provided in the Draft EIS. landscape, the NPS would continue to Estimated average number of Scoping: A Notice of Intent purchase conservation easements on respondents: Approximately 6,100 announcing preparation of the Draft EIS priority properties based upon a new respondents. and general management plan was land protection plan. The NPS would Estimated average number of published in the Federal Register on exchange NPS-owned farms to private responses: Approximately 6,100 May 22, 2000. Public involvement has farm owners for additional protection responses. included public meetings, presentations on other properties within the Reserve. Estimated average burden hours per and meetings with organizations located Historic buildings would be response: One-quarter burden hour per within the Reserve and additional rehabilitated to the Secretary of the response to the mail-back/internet-based organizations, newsletter mailings, local Interior’s Standards. The county would questionnaire (≈6,000 responses); One press releases, website postings, and be encouraged to develop a zoning and one-half burden hour for postcards. Preceding the formal EIS overlay for the Reserve to aid in land participants in the follow-up focus analysis process, the NPS had organized use control. In addition, a minor groups (≈60 responses); One burden an interdisciplinary planning team to boundary adjustment would be hour for participants in the follow-up initiate the general management plan recommended. To orient and inform interviews (≈responses). process for the Reserve. The team visitors about the Reserve, three gateway Frequency of Response: 1 time per included the Reserve’s Trust Board and kiosks would be developed along State respondent. staff, representatives from Washington Route 20 and a visitor center/contact
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52445
station would be operated within an honored to the extent allowable by law. Conservation Act, Public Law 96–487, historic building in Coupeville or Such requests must be stated to operate in accordance with the within the historic district (three prominently in the beginning of provisions of the Federal Advisory development concept plans for three comments. There also may be Committee Act. Draft meeting minutes sites are included). As documented in circumstances in which the NPS will will be available for public inspection the Draft EIS this alternative is deemed withhold from the record a respondent’s approximately six weeks after each to be ‘‘environmentally preferred’’. identity, as allowable by law. As always: meeting: Superintendent Western Arctic Alternative C changes the The NPS will make available to public National Parklands, P.O. Box 1029, management structure of the Reserve inspection all submissions from Kotzebue, AK 99752. from a Trust Board of volunteers to a organizations or businesses, and from DATES: The meeting times and locations paid Commission structure. Many individuals identifying themselves as are: actions are similar to Alternative B but representatives or officials of with some distinctions. Approximately organizations or businesses; and 1. Cape Krusenstern National five acres of NPS-owned land at Farm II anonymous comments may not be Monument SRC, Tuesday, October 4, would be retained for administrative considered. 2005, Wednesday, October 5, 2005, and and maintenance use before exchanging Decision: Following the opportunity Thursday, October 6, 2005, from 9 a.m. the remaining farmland to a private farm to review the Draft EIS/GMP, all public to approximately 5 p.m. at the U.S. Fish owner for additional protection on other and agency comments received will be and Wildlife Service Office in Kotzebue, properties within the Reserve. One of carefully considered in preparing the Alaska. the three gateways would be in a final document. The Final EIS is 2. Kobuk Valley National Park SRC, historic building in the north of the anticipated to be completed during the Tuesday, October 4, 2005, Wednesday, Reserve. The Reserve would partner for Fall/Winter 2006 and its availability October 5, 2005, and Thursday, October a visitor contact facility at a proposed will be similarly announced in the 6, 2005, from 9 a.m. to approximately 5 marine science center. Federal Register and via local and p.m. at the U.S. Fish and Wildlife Public Review and Comment: The regional press media. As a delegated Service Office in Kotzebue, Alaska. Draft GMP/EIS has now been released EIS, the official responsible for the final FOR FURTHER INFORMATION CONTACT: Ken for public review, and a limited number decision is the Regional Director, Pacific Adkisson, Subsistence Program of printed copies are available upon West Region; subsequently the approved Manager, Western Arctic National request (see below). In addition, the plan would be implemented by the Parklands at (907) 443-6104 or Willie document may be reviewed at the Trust Board, Ebey’s Landing National Goodwin, Subsistence Manager at (907) public library in Coupeville. Also a Historical Reserve, in conjunction with 442–3890. Draft General Management Plan the Reserve Manager. SUPPLEMENTARY INFORMATION: SRC Alternatives Newsletter is being issued Dated: May 26, 2005. concurrently. Written comments may be meeting locations and dates may need to Jonathan B. Jarvis, submitted using several methods. be changed based on weather or local Responses are encouraged online using Regional Director, Pacific West Region. circumstances. Notice of each meeting the electronic comment form accessed at [FR Doc. 05–17483 Filed 9–1–05; 8:45 am] will be published in local newspapers the NPS Planning, Environment and BILLING CODE 4312–6W–P and announced on local radio stations Public Comment System (http:// prior to the meeting dates. The agendas parkplanning.nps.gov/ebla). A postage- for each meeting include the following: DEPARTMENT OF THE INTERIOR paid comment response form is 1. Call to order (SRC Chair) included in the Alternatives Newsletter National Park Service 2. SRC Roll Call and Confirmation of (additional pages may be attached to Quorum this form as necessary). Written Announcement of the National Park 3. SRC Chair and Superintendent’s comments may be directly mailed to: Subsistence Resource Commission Welcome and Introductions Rob Harbour, Reserve Manager, Ebey’s (SRC) meetings for Cape Krusenstern 4. Review and Approve Agenda Landing National Historical Reserve, National Monument and Kobuk Valley 5. Review and adopt minutes from P.O. Box 774, 162 Cemetery Road, National Park Coupeville, WA 98239. In addition, oral last meeting comments may be offered at one of AGENCY: National Park Service, Interior. 6. Status of SRC Membership— several public workshops to be SUMMARY: The National Park Service Election of Chair and Vice Chair conducted in fall, 2005. Confirmed (NPS) announces the SRC meeting 7. Commission Member Reports details on dates, locations and times for schedule for the following NPS areas 8. Superintendent and NPS Staff these workshops will be announced in within the Alaska Region: Cape Reports local newspapers, in the Alternatives Krusenstern National Monument, and 9. Federal Subsistence Board Update Newsletter, via the park’s website, or Kobuk Valley National Park and Denali 10. New Business may be obtained by telephone at (360) National Park. The purpose of each 678–6084. meeting is to develop and continue 11. Agency and Public Comments All written comments must be work on subsistence hunting program 12. SRC Work Session. Prepare postmarked or transmitted not later than recommendations and other related correspondence and hunting program 60 days after the EPA’s notice of filing subsistence management issues. Each recommendations is published in the Federal Register meeting is open to the public and will 13. Set time and place of next SRC (immediately upon confirmation of this have time allocated for public meeting date it will be announced on the park’s testimony. The public is welcomed to 14. Adjournment website). All comments will become present written or oral comments to the part of the public record. If individuals SRC. Judith Gottlieb, submitting comments request that their The NPS SRC program is authorized Acting Regional Director, Alaska Region. name or address be withheld from under Title VIII, Section 808, of the [FR Doc. 05–17484 Filed 9–1–05; 8:45 am] public disclosure, the request will be Alaska National Interest Lands BILLING CODE 4312–HN–P
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52446 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
DEPARTMENT OF THE INTERIOR identity, as allowable by law. If you Texas 77701, Telephone: 409 951–6822, wish us to withhold your name and/or e-mail at [email protected]. National Park Service address, you must state this SUPPLEMENTARY INFORMATION: If you prominently at the beginning of your wish to submit comments on these Plan of Operations, Categorical comment. We will make all submissions documents within the 30 days; mail Exclusion, Big Thicket National from organizations or businesses, and them to the street address provided Preserve, TX from individuals identifying themselves above, hand-deliver them to the park at AGENCY: National Park Service, as representatives or officials of the street address provided above, or Department of the Interior organizations or businesses, available electronically file them to the e-mail ACTION: Notice of Availability of a Plan for public inspection in their entirety. address provided above. Our practice is of Operations and Categorical Exclusion Dated: August 16, 2005. to make comments, including names for a 30-day public review at Big Michael George, and home addresses of respondents, Thicket National Preserve. Acting Superintendent, Big Thicket National available for public review during Preserve, National Park Service. regular business hours. Individual SUMMARY: Notice is hereby given in [FR Doc. 05–17485 Filed 9–1–05; 8:45 am] respondents may request that we accordance with Section 9.52(b) of Title withhold their home address from the BILLING CODE 4312–CB–P 36 of the Code of Federal Regulations, record, which we will honor to the part 9, subpart B, that the National Park extent allowable by law. There also may Service (NPS) has received from DEPARTMENT OF THE INTERIOR be circumstances in which we would Krescent Energy Company, LLC, a Plan withhold from the record a respondent’s of Operations to conduct the Tyler 3–D National Park Service identity, as allowable by law. If you ‘‘Cable-Only’’ Seismic Survey of the wish us to withhold your name and/or Upper Neches River Corridor Unit of Big Plan of Operations, Categorical address, you must state this Thicket National Preserve, within Tyler Exclusion, Big Thicket National prominently at the beginning of your and Jasper Counties, Texas. The NPS Preserve, TX comment. We will make all submissions has prepared a Categorical Exclusion on from organizations or businesses, and AGENCY: National Park Service, this proposal. from individuals identifying themselves Department of the Interior. DATES: The above documents are as representatives or officials of available for public review and ACTION: Notice of Availability of a Plan organizations or businesses, available comment through October 3, 2005. of Operations and Categorical Exclusion for public inspection in their entirety. ADDRESSES: The Plan of Operations and for a 30-day public review at Big Dated: August 16, 2005. Categorical Exclusion are available for Thicket National Preserve. public review and comment in the Michael George, Office of the Superintendent, Art SUMMARY: Notice is hereby given in Acting Superintendent, Big Thicket National Hutchinson, Big Thicket National accordance with § 9.52(b) of Title 36 of Preserve, National Park Service. Preserve, 3785 Milam Street, Beaumont, the Code of Federal Regulations, Part 9, [FR Doc. 05–17486 Filed 9–1–05; 8:45 am] Texas 77701. Copies of the Plan of Subpart B, that the National Park BILLING CODE 4312–CB–P Operations are available, for a Service (NPS) has received from duplication fee; and copies of the Century Exploration Houston, Inc., a Categorical Exclusion are available upon Plan of Operations to conduct the INTERNATIONAL TRADE request, and at no cost, from the JASPO 3–D ‘‘Cable-Only’’ Seismic COMMISSION Superintendent, Art Hutchinson, Big Survey of the Lower Neches River Corridor Unit of Big Thicket National [Investigation No. 104–TAA–7 (Second Thicket National Preserve, 3785 Milam Review); Investigation Nos. AA1921–198– Street, Beaumont, Texas 77701. Preserve, within Hardin, Jasper, and 200 (Second Review)] Orange Counties, Texas. The NPS has FOR FURTHER INFORMATION CONTACT: Mr. prepared a Categorical Exclusion on this Haigler ‘‘Dusty’’ Pate, Oil and Gas Sugar From the European Union; proposal. Program Manager, Big Thicket National Sugar from Belgium, France, and Preserve, 3785 Milam Street, Beaumont, DATES: The above documents are Germany available for public review and Texas 77701, Telephone: 409 951–6822, Determinations e-mail at [email protected]. comment through October 3, 2005. On the basis of the record 1 developed SUPPLEMENTARY INFORMATION: If you ADDRESSES: The Plan of Operations and in the subject five-year reviews, the wish to submit comments on these Categorical Exclusion are available for United States International Trade documents within the 30 days; mail public review and comment in the Commission (Commission) determines, them to the street address provided Office of the Superintendent, Art pursuant to section 751(c) of the Tariff above, hand-deliver them to the park at Hutchinson, Big Thicket National Act of 1930 (19 U.S.C. 1675(c)) (the the street address provided above, or Preserve, 3785 Milam Street, Beaumont, Act), that revocation of the electronically file them to the e-mail Texas 77701. Copies of the Plan of countervailing duty order on sugar from address provided above. Our practice is Operations are available, for a the European Union would not be likely to make comments, including names duplication fee; and copies of the to lead to continuation or recurrence of and home addresses of respondents, Categorical Exclusion are available upon material injury to an industry in the available for public review during request, and at no cost, from the United States within a reasonably regular business hours. Individual Superintendent, Art Hutchinson, Big foreseeable time.2 respondents may request that we Thicket National Preserve, 3785 Milam The Commission also withhold their home address from the Street, Beaumont, Texas 77701. determines that revocation of the record, which we will honor to the FOR FURTHER INFORMATION CONTACT: Mr. 1 The record is defined in sec. 207.2(f) of the extent allowable by law. There also may Haigler ‘‘Dusty’’ Pate, Oil and Gas Commission’s Rules of Practice and Procedure (19 be circumstances in which we would Program Manager, Big Thicket National CFR 207.2(f)). withhold from the record a respondent’s Preserve, 3785 Milam Street, Beaumont, 2 Commissioner Marcia E. Miller dissenting.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52447
antidumping findings on sugar from (OMB) for review and approval in (3) Agency form number, if any, and Belgium, France, and Germany would accordance with the Paperwork the applicable component of the not be likely to lead to continuation or Reduction Act of 1995. The proposed Department sponsoring the collection: recurrence of material injury to an information collection is published to Form Number: EOIR–42A, EOIR–42B. industry in the United States within a obtain comments from the public and Executive Office for Immigration reasonably foreseeable time.3 affected agencies. This proposed Review, United States Department of Justice. Background information collection was previously published in the Federal Register (4) Affected public who will be asked The Commission instituted these Volume 70, Number 110, page 33762 on or required to respond, as well as a brief reviews on September 1, 2004 (69 FR June 9, 2005, allowing for a 60-day abstract: Primary: Individual aliens 53466) and determined on December 6, comment period. determined to be removable from the 2004 that it would conduct full reviews The purpose of this notice is to allow United States. Other: None. Abstract: (69 FR 75568, December 17, 2004). for an additional 30 days for public This information collection is necessary Notice of the scheduling of the comment until October 3, 2005. This to determine the statutory eligibility of Commission’s reviews and of a public process is conducted in accordance with individual aliens who have been hearing to be held in connection 5 CFR 1320.10. determined to be removable from the therewith was given by posting copies Written comments and/or suggestions United States for cancellation of their of the notice in the Office of the regarding the items contained in this removal, as well as to provide Secretary, U.S. International Trade notice, especially the estimated public information relevant to a favorable Commission, Washington, DC, and by burden and associated response time, exercise of discretion. publishing the notice in the Federal should be directed to the Office of (5) An estimate of the total number of Register on February 2, 2005 (70 FR Management and Budget, Office of respondents and the amount of time 5480). The hearing was held in Information and Regulatory Affairs, estimated for an average respondent to Washington, DC, on June 28, 2005, and Attention Department of Justice Desk respond/reply: It is estimated that all persons who requested the Officer, Washington, DC 20503. 11,000 respondents will complete the opportunity were permitted to appear in Additionally, comments may be form annually with an average of 5 person or by counsel. submitted to OMB via facsimile to (202) hours, 45 minutes per response. The Commission transmitted its 395–5806. Written comments and (6) An estimate of the total public determinations in these reviews to the suggestions from the public and affected burden (in hours) associated with the Secretary of Commerce on August 29, agencies concerning the proposed collection: There are an estimated 2005. The views of the Commission are collection of information are 64,130 total annual burden hours contained in USITC Publication 3793 encouraged. Your comments should associated with this collection. (August 2005), entitled Sugar from the If additional information is required address one or more of the following European Union, and Sugar from contact: Brenda E. Dyer, Department four points: Belgium, France, and Germany: Clearance Officer, United States Investigation Nos. 104-TAA–7 (Second —Evaluate whether the proposed Department of Justice, Justice Review) and AA1921–198–200 (Second collection of information is necessary Management Division, Policy and Review). for the proper performance of the Planning Staff, Patrick Henry Building, functions of the agency, including Issued: August 29, 2005. Suite 1600, 601 D Street NW., whether the information will have Washington, DC 20530. By order of the Commission. practical utility; Marilyn R. Abbott, —Evaluate the accuracy of the agencies Dated: August 29, 2005. Secretary to the Commission. estimate of the burden of the Brenda E. Dyer, [FR Doc. 05–17489 Filed 9–1–05; 8:45 am] proposed collection of information, Department Clearance Officer, Department of Justice. BILLING CODE 7020–02–P including the validity of the methodology and assumptions used; [FR Doc. 05–17462 Filed 9–1–05; 8:45 am] —Enhance the quality, utility, and BILLING CODE 4410–30–P DEPARTMENT OF JUSTICE clarity of the information to be collected; and Executive Office for Immigration —Minimize the burden of the collection DEPARTMENT OF LABOR Review of information on those who are to respond, including through the use of Employment Standards Administration Agency Information Collection appropriate automated, electronic, Wage and Hour Division Activities: Proposed Collection; mechanical, or other technological Comments Requested Minimum Wages for Federal and collection techniques or other forms Federally Assisted Construction; ACTION: 30-Day Notice of Information of information technology, e.g., General Wage Determination Decisions Collection Under Review: Application permitting electronic submission of for Cancellation of Removal (42a) for responses. General wage determination decisions Certain Permanent Residents; (42b) and of the Secretary of Labor are issued in Overview of This Information accordance with applicable law and are Adjustment of Status for Certain Collection Nonpermanent Residents. based on the information obtained by (1) Type of Information Collection: the Department of Labor from its study The Department of Justice (DOJ), Revision of a currently approved of local wage conditions and data made Executive Office for Immigration collection. available from other sources. They Review (EOIR) has submitted the (2) Title of the Form/Collection: specify the basic hourly wage rates and following information collection request Application for Cancellation of Removal fringe benefits which are determined to to the Office of Management and Budget (42a) for Certain Permanent Residents; be prevailing for the described classes of (42b) and Adjustment of Status for laborers and mechanics employed on 3 Commissioner Marcia E. Miller dissenting. Certain Nonpermanent Residents. construction projects of a similar
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52448 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
character and in the localities specified information for consideration by the IN20030006 (Jun. 13, 2003) therein. Department. IN20030008 (Jun. 13, 2003) The determinations in these decisions Further information and self- IN20030012 (Jun. 13, 2003) of prevailing rates and fringe benefits explanatory forms for the purpose of IN20030014 (Jun. 13, 2003) Minnesota have been made in accordance with 29 submitting this data may be obtained by MN20030007 (Jun. 13, 2003) CFR part 1, by authority of the Secretary writing to the U.S. Department of Labor, Ohio of Labor pursuant to the provisions of Employment Standards Administration, OH20030001 (Jun. 13, 2003) the Davis-Bacon Act of March 3, 1931, Wage and Hour Division, Division of OH20030003 (Jun. 13, 2003) as amended (46 Stat. 1494, as amended, Wage Determinations, 200 Constitution OH20030009 (Jun. 13, 2003) 40 U.S.C. 276a) and of other Federal Avenue, NW., Room S–3014, OH20030012 (Jun. 13, 2003) statutes referred to in 29 CFR part 1, Washington, DC 20210. OH20030013 (Jun. 13, 2003) Appendix, as well as such additional OH20030014 (Jun. 13, 2003) statutes as may from time to time be Modification to General Wage OH20030020 (Jun. 13, 2003) Determination Decisions OH20030022 (Jun. 13, 2003) enacted containing provisions for the OH20030023 (Jun. 13, 2003) payment of wages determined to be The number of decisions listed to the OH20030026 (Jun. 13, 2003) prevailing by the Secretary of Labor in Government Printing Office document OH20030027 (Jun. 13, 2003) accordance with the Davis-Bacon Act. entitled ‘‘General Wage Determinations OH20030032 (Jun. 13, 2003) The prevailing rates and fringe benefits Issued Under the Davis-Bacon and OH20030033 (Jun. 13, 2003) determined in these decisions shall, in related Acts’’ being modified are listed OH20030035 (Jun. 13, 2003) accordance with the provisions of the by Volume and State. Dates of OH20030036 (Jun. 13, 2003) foregoing statutes, constitute the publication in the Federal Register are Volume V minimum wages payable on Federal and in parentheses following the decision Arkansas federally assisted construction projects being modified. AR20030008 (Jun. 13, 2003) to laborers and mechanics of the AR20030027 (Jun. 13, 2003) specified classes engaged on contract Volume I Iowa work of the character and in the Massachusetts IA20030003 (Jun. 13, 2003) localities described therein. MA20030001 (Jun. 13, 2003) IA20030004 (Jun. 13, 2003) Good cause is hereby found for not MA20030002 (Jun. 13, 2003) IA20030005 (Jun. 13, 2003) utilizing notice and public comment MA20030017 (Jun. 13, 2003) IA20030008 (Jun. 13, 2003) procedure thereon prior to the issuance MA20030018 (Jun. 13, 2003) Louisiana of these determinations as prescribed in New York LA20030005 (Jun. 13, 2003) NY20030004 (Jun. 13, 2003) LA20030015 (Jun. 13, 2003) 5 U.S.C. 553 and not providing for delay NY20030007 (Jun. 13, 2003) LA20030034 (Jun. 13, 2003) in the effective date as prescribed in that Rhode Island Nebraska section, because the necessity to issue RI20030001 (Jun. 13, 2003) NE20030001 (Jun. 13, 2003) current construction industry wage NE20030003 (Jun. 13, 2003) determinations frequently and in large Volume II NE20030004 (Jun. 13, 2003) volume causes procedures to be Pennsylvania NE20030005 (Jun. 13, 2003) impractical and contrary to the public PA20030008 (Jun. 13, 2003) NE20030007 (Jun. 13, 2003) NE20030009 (Jun. 13, 2003) interest. Volume III General wage determination NE20030010 (Jun. 13, 2003) Georgia NE20030011 (Jun. 13, 2003) decisions, and modifications and GA20030003 (Jun. 13, 2003) NE20030019 (Jun. 13, 2003) supersedeas decisions thereto, contain GA20030006 (Jun. 13, 2003) NE20030021 (Jun. 13, 2003) no expiration dates and are effective GA20030022 (Jun. 13, 2003) New Mexico from the date of notice in the Federal GA20030032 (Jun. 13, 2003) NM20030001 (Jun. 13, 2003) Register, or the date written notice is GA20030033 (Jun. 13, 2003) Volume VI received by the agency, whichever is GA20030036 (Jun. 13, 2003) earlier. These decisions are to be used GA20030040 (Jun. 13, 2003) Alaska in accordance with the provisions of 29 GA20030050 (Jun. 13, 2003) AK20030001 (Jun. 13, 2003) GA20030055 (Jun. 13, 2003) AK20030002 (Jun. 13, 2003) CFR parts 1 and 5. Accordingly, the GA20030058 (Jun. 13, 2003) AK20030005 (Jun. 13, 2003) applicable decision, together with any GA20030066 (Jun. 13, 2003) AK20030006 (Jun. 13, 2003) modifications issued, must be made a GA20030073 (Jun. 13, 2003) AK20030008 (Jun. 13, 2003) part of every contract for performance of GA20030078 (Jun. 13, 2003) Colorado the described work within the GA20030084 (Jun. 13, 2003) CO20030012 (Jun. 13, 2003) geographic area indicated as required by GA20030085 (Jun. 13, 2003) CO20030013 (Jun. 13, 2003) an applicable Federal prevailing wage GA20030086 (Jun. 13, 2003) Idaho law and 29 CFR Part 5. The wage rates GA20030087 (Jun. 13, 2003) ID20030002 (Jun. 13, 2003) and fringe benefits, notice of which is GA20030088 (Jun. 13, 2003) Oregon Mississippi OR20030001 (Jun. 13, 2003) published herein, and which are MS20030050 (Jun. 13, 2003) Wyoming contained in the Government Printing MS20030055 (Jun. 13, 2003) WY20030001 (Jun. 13, 2003) Office (GPO) document entitled MS20030056 (Jun. 13, 2003) WY20030002 (Jun. 13, 2003) ‘‘General Wage Determinations Issued WY20030003 (Jun. 13, 2003) Volume IV Under The Davis-Bacon And Related WY20030004 (Jun. 13, 2003) Acts,’’ shall be the minimum paid by Illinois WY20030005 (Jun. 13, 2003) contractors and subcontractors to IL20030001 (Jun. 13, 2003) WY20030009 (Jun. 13, 2003) Indiana laborers and mechanics. IN20030001 (Jun. 13, 2003) Volume VII organization, or governmental agency IN20030002 (Jun. 13, 2003) Nevada having an interest in the rates IN20030003 (Jun. 13, 2003) NV20030001 (Jun. 13, 2003) determined as prevailing is encouraged IN20030004 (Jun. 13, 2003) NV20030003 (Jun. 13, 2003) to submit wage rate and fringe benefit IN20030005 (Jun. 13, 2003) NV20030004 (Jun. 13, 2003)
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52449
NV20030005 (Jun. 13, 2003) 1. Bridger Coal Company use recycled waste oil blended with NV20030009 (Jun. 13, 2003) [Docket No. M–2005–060–C] diesel fuel to produce ammonium nitrate-fuel oil for use as a blasting General Wage Determination Publication Bridger Coal Company, P.O. Box 68, agent. The petitioner asserts that the General Wage determinations issued under Point of Rocks, Wyoming 82942 has proposed alternative method would the Davis-Bacon and related Acts, including filed a petition to modify the provide at least the same measure of those noted above, may be found in the application of 30 CFR 75.1100–2(e)(2) protection as the existing standard. Government Printing Office (GPO) document (Quantity and location of firefighting entitled ‘‘General Wage Determinations equipment) to its Bridger Underground Issued Under The Davis-Bacon And Related Request for Comments Acts’’. This publication is available at each Mine (MSHA I.D. No. 48–01646) located Persons interested in these petitions of the 50 Regional Government Depository in Sweetwater County, Wyoming. The are encouraged to submit comments via Libraries and many of the 1,400 Government petitioner requests a modification of the Federal eRulemaking Portal: http:// Depository Libraries across the country. existing standard to permit the use of www.regulations.gov; e-mail: zzMSHA- General wage determinations issued under two portable fire extinguishers or one [email protected]; Fax: (202) 693– the Davis-Bacon And Related Acts are extinguisher having at least twice the 9441; or Regular Mail/Hand Delivery/ available electronically at no cost on the minimum capacity in 30 CFR 75.1100– Courier: Mine Safety and Health Government Printing Office site at http:// 1(e) at each temporary electrical Administration, Office of Standards, www.access.gpo.gov/davisbacon. They are installation at the Bridger Underground Regulations, and Variances, 1100 also available electronically by subscription Mine. The petitioner asserts that the to the Davis-Bacon Online Service (http:// Wilson Boulevard, Room 2350, proposed alternative method would davisbacon.fedworld.gov) of the National Arlington, Virginia 22209. All provide at least the same measure of Technical Information Service (NTIS) of the comments must be postmarked or protection as the existing standard. U.S. Department of Commerce at 1–800–363– received in that office on or before 2068. This subscription offers value-added 2. Andalex Resources, Inc. October 3, 2005. Copies of these features such as electronic delivery of modified wage decisions directly to the [Docket No. M–2005–061–C] petitions are available for inspection at that address. user’s desktop, the ability to access prior Andalex Resources, Inc., P.O. Box wage decisions issued during the year, 902, Price, Utah 84501 has filed a Dated at Arlington, Virginia, this 26th day extensive Help Desk Support, etc. petition to modify the application of 30 of August 2005. Hard-copy subscriptions may be purchased CFR 75.500(d) (Permissible electric Rebecca J. Smith, from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC equipment) to its Aberdeen Mine Acting Director, Office of Standards, 20402 (202) 512–1800. (MSHA I.D. No. 42–02028) located in Regulations, and Variances. When ordering hard-copy subscription(s), Carbon County, Utah. The petitioner [FR Doc. 05–17478 Filed 9–1–05; 8:45 am] be sure to specify the State(s) of interest, requests a modification of the existing BILLING CODE 4510–43–P since subscriptions may be ordered for any standard to permit the use of low- or all of the six separate volumes, arranged voltage or battery-powered non- by State. Subscriptions include an annual permissible, electronic testing, RAILROAD RETIREMENT BOARD edition (issued in January or February) which diagnostic equipment or other, in or includes all current general wage inby the last open crosscut under Agency Forms Submitted for OMB determinations for the States covered by each volume. Throughout the remainder of the controlled conditions. The petitioner Review proposes to use the following year, regular weekly updates will be Summary: In accordance with the distributed to subscribers. equipment or other within 150 feet of pillar workings: Laptop computers, Paperwork Reduction Act of 1995 (44 Signed at Washington, DC, this 26th day of U.S.C. Chapter 35), the Railroad August 2005. oscilloscopes, vibration analysis machines, cable fault detectors, point Retirement Board (RRB) has submitted Shirley Ebbesen, temperature probes, infrared the following proposal(s) for the Chief, Branch of Construction Wage temperature devices, insulation testers collection of information to the Office of Determinations. (meggers), voltage, current power Management and Budget for review and [FR Doc. 05–17335 Filed 9–1–05; 8:45 am] measurement devices and recorders, approval. BILLING CODE 4510–27–M pressure and flow measurement devices, Summary of Proposal(s) battery drills, signal analyzer device, (1) Collection title: Employee’s ultrasonic thickness gauges, electronic DEPARTMENT OF LABOR Certification. component testers, and electronic (2) Form(s) submitted: G–346. Mine Safety and Health Administration tachometers, other testing diagnostic (3) OMB Number: 3220–0140. equipment that may be approved by the (4) Expiration date of current OMB Petitions for Modification MSHA District Office. The petitioner clearance: 11/30/2005. asserts that the proposed alternative (5) Type of request: Revision of a The petition for modification notice method would provide at least the same currently approved collection. we published in the Federal Register on measure of protection as the existing (6) Respondents: Individuals or August 22, 2005 (70 FR 48984) had the standard. households. wrong MSHA I.D. Number (15–28826) 3. Chino Mines Company (7) Estimated annual number of for the Hopkins County Coal, LLC, Elk respondents: 7,560. Creek Mine, docket number M–2005– [Docket No. M–2005–006–M] (8) Total annual responses: 7,560. 059–C. The correct I.D. Number is 15– Chino Mines Company, P.O. Box 7, (9) Total annual reporting hours: 630. 18826. Hurley, New Mexico 88043 has filed a (10) Collection description: Under The following parties have filed petition to modify the application of 30 Section 2 of the Railroad Retirement petitions to modify the application of CFR 56.6309 (Fuel oil requirements for Act, spouses of retired railroad existing safety standards under section ANFO) to its Chino Mine (MSHA I.D. employees may be entitled to an 101(c) of the Federal Mine Safety and No. 29–00708) located in Grant County, annuity. The collection obtains Health Act of 1977. New Mexico. The petitioner proposes to information from the employee about
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52450 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
the employee’s previous marriages, if affiliated persons of the series to deposit (‘‘Advisers Act’’) and will serve as the any, to determine if any impediment securities into, and receive securities investment adviser to the Initial Fund. exists to the marriage between the from, the series in connection with the The Advisor may in the future retain employee and his or her spouse. purchase and redemption of Creation one or more sub-advisers (‘‘Sub- Additional Information or Comments: Units. Advisors’’) to manage the Funds’’ Copies of the forms and supporting Applicants: First Trust Exchange- portfolios. Any Sub-Advisor will be documents can be obtained from Traded Fund (‘‘Initial Trust’’); First registered under the Advisers Act or Charles Mierzwa, the agency clearance Trust Advisors, L.P. (‘‘Advisor’’); and exempt from registration. The officer at (312–751–3363) or First Trust Portfolios, L.P. Distributor, a broker-dealer registered [email protected]. (‘‘Distributor’’). under the Securities Exchange Act of Comments regarding the information Filing Dates: The application was 1934 (‘‘Exchange Act’’), will serve as the collection should be addressed to filed on August 12, 2003, and amended principal underwriter and distributor of Ronald J. Hodapp, Railroad Retirement on August 23, 2005. Applicants have Shares. Board, 844 North Rush Street, Chicago, agreed to file an amendment during the 2. Each Fund will invest in a portfolio Illinois, 60611–2092 or notice period, the substance of which is of equity securities (‘‘Portfolio [email protected] and to the reflected in this notice. Securities’’) selected to correspond OMB Desk Officer for the RRB, at the Hearing or Notification of Hearing: An generally to the price and yield Office of Management and Budget, order granting the application will be performance of a specified domestic Room 10230, New Executive Office issued unless the Commission orders a equity securities index (‘‘Underlying Building, Washington, DC 20503. hearing. Interested persons may request Index’’). The Dow Jones Select Microcap a hearing by writing to the Index is the Underlying Index for the Charles Mierzwa, Commission’s Secretary and serving Initial Fund. In the future, the Initial Clearance Officer. applicants with a copy of the request, Trust may offer Future Funds and other [FR Doc. 05–17525 Filed 9–1–05; 8:45 am] personally or by mail. Hearing requests registered open-end management BILLING CODE 7905–01–M should be received by the Commission investment companies (‘‘Future Trusts,’’ by 5:30 p.m. on September 19, 2005, and together with the Initial Trust, and should be accompanied by proof of ‘‘Trusts’’) may offer series (included in SECURITIES AND EXCHANGE service on applicants, in the form of an the defined term Future Funds) based COMMISSION affidavit, or for lawyers, a certificate of on other Underlying Indexes. Any [Investment Company Act Release No. service. Hearing requests should state Future Fund will (a) comply with the 27051; 812–13000] the nature of the writer’s interest, the terms and conditions of any order reason for the request, and the issues granted pursuant to the application and First Trust Exchange-Traded Fund, et contested. Persons who wish to be (b) be advised by the Advisor or an al.; Notice of Application notified of a hearing may request entity controlling, controlled by or notification by writing to the under common control with the Advisor August 26, 2005. Commission’s Secretary. (included in the defined term Advisor). AGENCY: Securities and Exchange ADDRESSES: No entity that creates, compiles, Commission (‘‘Commission’’). Secretary, U.S. Securities and Exchange Commission, 100 F sponsors or maintains an Underlying ACTION: Notice of an application for an Street, NE., Washington, DC 20549– Index is or will be an affiliated person, order under section 6(c) of the 9303; Applicants, 1001 Warrenville as defined in section 2(a)(3) of the Act, Investment Company Act of 1940 Road, Lisle, IL 60532. or an affiliated person of an affiliated (‘‘Act’’) for an exemption from sections person, of the Trust, Advisor, Sub- FOR FURTHER INFORMATION CONTACT: John 2(a)(32), 5(a)(1), 22(d), and 24(d) of the Advisor, Distributor, or promoter of a Yoder, Attorney-Adviser, at (202) 551– Act and rule 22c–1 under the Act, and Fund. 6878, or Stacy Fuller, Branch Chief, at under sections 6(c) and 17(b) of the Act 3. The investment objective of each (202) 551–6821 (Division of Investment for an exemption from sections 17(a)(1) Fund will be to provide investment Management, Office of Investment and (a)(2) of the Act. results that generally correspond, before Company Regulation). fees and expenses, to the price and yield Summary of Application: Applicants SUPPLEMENTARY INFORMATION: The performance of the Underlying Index. request an order that would permit (a) following is a summary of the Intra-day values of the Underlying Index Open-end management investment application. The complete application will be disseminated every 15 seconds companies, the series of which consist may be obtained for a fee at the Public throughout the trading day. In seeking of the component securities of certain Reference Desk, U.S. Securities and to achieve the investment objective, domestic equity securities indexes, to Exchange Commission, 100 F Street, each Fund will utilize either a issue shares (‘‘Shares’’) that can be NE., Washington, DC 20549–0102 replication or a representative sampling redeemed only in large aggregations (telephone (202) 551–5850). strategy.1 A Fund using a replication (‘‘Creation Units’’); (b) secondary market strategy generally will invest in the transactions in Shares to occur at Applicants’ Representations component securities of the Underlying negotiated prices on the The Nasdaq 1. The Initial Trust is an open-end Index (‘‘Component Securities’’) in the Stock Market (‘‘Nasdaq’’) or a national management investment company same approximate proportions as in the securities exchange, as defined in registered under the Act and organized Underlying Index. When, for example, a section 2(a)(26) of the Act (each, an as a Massachusetts business trust. The ‘‘Other Exchange,’’ and together with Initial Trust currently has one series 1 A Fund will invest at least 90% of its assets in Nasdaq, the ‘‘Exchanges’’); (c) dealers to (the ‘‘Initial Fund’’) and intends to the relevant Component Securities (as defined sell Shares to purchasers in the establish other series (‘‘Future Funds,’’ below). A Fund may invest up to 10% of its assets secondary market unaccompanied by a and together with the Initial Fund, in futures, options and swap contracts, cash and cash equivalents, and stocks not included in the prospectus when prospectus delivery is ‘‘Funds’’). The Advisor is registered as Underlying Index but which the Advisor or Sub- not required by the Securities Act of an investment adviser under the Advisor believes will help the Fund track its 1933 (‘‘Securities Act’’); and (d) certain Investment Advisers Act of 1940 Underlying Index.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52451
Component Security is illiquid, or when Amount’’).3 An investor purchasing a of Shares traded on an Exchange will be there are practical difficulties or Creation Unit from a Fund will be based on a current bid/offer market. substantial costs involved in holding charged a fee (‘‘Transaction Fee’’) to Purchases and sales of Shares in the every security in an Underlying Index, prevent the dilution of the interests of secondary market will be subject to a Fund may use a representative the remaining shareholders resulting customary brokerage commissions and sampling strategy pursuant to which it from the Fund incurring costs in charges. will invest in some but not all of the connection with the purchase of the 7. Applicants expect that purchasers relevant Component Securities.2 Creation Units.4 Each Fund will of Creation Units will include Applicants anticipate that a Fund that disclose the maximum Transaction Fee institutional investors and arbitrageurs utilizes a representative sampling charged by the Fund in its prospectus (which could include institutional strategy will not track the performance (‘‘Prospectus’’) and the method of investors). The Market Maker or of its Underlying Index with the same calculating the Transaction Fees in its Specialist, in providing for a fair and degree of accuracy as an investment Prospectus or statement of additional orderly secondary market for Shares, also may purchase Creation Units for vehicle that invests in every Component information (‘‘SAI’’). 5. Orders to purchase Creation Units use in its market-making activities. Security in the same weighting as the of a Fund will be placed with the Applicants expect that secondary Underlying Index. Applicants expect Distributor who will be responsible for market purchasers of Shares will that each Fund will have a tracking transmitting orders to the Funds. The include both institutional and retail error relative to the performance of its Distributor will issue confirmations of investors.7 Applicants expect that the Underlying Index of less than 5 percent. acceptance to purchasers of Creation price at which the Shares trade will be 4. Shares of the Funds will be sold at Units and delivery instructions to the disciplined by arbitrage opportunities a price of between $40 and $250 per Trust (to implement the delivery of created by the ability to continually Share in Creation Units of between Creation Units), and will maintain purchase or redeem Creation Units at 25,000 and 150,000 Shares. With respect records of the orders and confirmations. their NAV, which should ensure that to the Initial Fund, Shares will be priced The Distributor will also be responsible the Shares will not trade at a material at approximately $45 and sold in for delivering Prospectuses to discount or premium in relation to their Creation Units of 50,000 Shares at a purchasers of Creation Units. NAV. total price per Creation Unit of 6. Persons purchasing Creation Units 8. Shares will not be individually approximately $2,250,000. All orders to from a Fund may hold the Shares or sell redeemable. Shares will only be purchase Creation Units must be placed some or all of them in the secondary redeemable in Creation Units from a with the Distributor by or through a market. Shares of the Funds will be Fund. To redeem, an investor will have party that has entered into an agreement listed on an Exchange, which will either to accumulate enough Shares to with the Distributor (‘‘Authorized be Nasdaq or an Other Exchange and constitute a Creation Unit. Redemption Participant’’). An Authorized traded in the secondary market in the orders must be placed by or through an Participant must be either (a) a broker- same manner as other equity securities. Authorized Participant. An investor It is expected that one or more members redeeming a Creation Unit generally dealer or other participant in the of the listing Exchange will act, with will receive (a) a portfolio of securities continuous net settlement system of the respect to Nasdaq,5 as a market maker designated to be delivered for Creation National Securities Clearing (‘‘Market Maker’’) or, with respect to Unit redemptions on the date that the Corporation, a clearing agency that is any Other Exchange,6 as a specialist request for redemption is submitted registered with the Commission, or (b) (‘‘Specialist’’), and maintain a market on (‘‘Fund Securities’’), which may not be a participant in the Depository Trust the Exchange for the Shares. The price identical to the Deposit Securities Company (‘‘DTC,’’ and such participant, required to purchase Creation Units on ‘‘DTC Participant’’). Creation Units 3 On each day that the Trust is open for business that date, and (b) a ‘‘Cash Redemption generally will be issued in exchange for (‘‘Business Day’’), prior to the opening of trading on Payment,’’ consisting of an amount an in-kind deposit of securities and the Exchange, the Advisor or Sub-Advisor will calculated in the same manner as the cash, though a Fund may sell Creation make available the list of the names and the required number of shares of each Deposit Security Balancing Amount, although the actual Units on a cash-only basis in limited required for the Portfolio Deposit for the Fund. That amount of the Cash Redemption circumstances. An investor wishing to Portfolio Deposit will apply to all purchases of Payment may differ from the Balancing purchase a Creation Unit from a Fund Creation Units until a new Portfolio Deposit for the Fund is announced. Each Fund reserves the right Amount if the Fund Securities are not will have to transfer to the Fund a to permit or require the substitution of an amount identical to the Deposit Securities on ‘‘Portfolio Deposit’’ consisting of: (a) A of cash in lieu of depositing some or all of the that day. An investor may receive the portfolio of securities that has been Deposit Securities in certain circumstances. The cash equivalent of a Fund Security in selected by the Advisor or Sub-Advisor Exchange will disseminate every 15 seconds throughout the trading day via the facilities of the certain circumstances, such as if the to correspond generally to the Consolidated Tape Association an amount investor is constrained from effecting performance of the relevant Underlying representing, on a per Share basis, the sum of the transactions in the security by Index (‘‘Deposit Securities’’), and (b) a current value of the Deposit Securities and the regulation or policy. A redeeming cash payment to equalize any estimated Balancing Amount. investor may pay a Transaction Fee, 4 When a Fund permits a purchaser to substitute differences between the market value cash for Deposit Securities, the purchaser may be calculated in the same manner as a per Creation Unit of the Deposit assessed a higher Transaction Fee to offset the Transaction Fee payable in connection Securities and the net asset value brokerage and other transaction costs incurred by with purchases of Creation Units. the Fund to purchase the requisite Deposit 9. Applicants state that no Trust or (‘‘NAV’’) per Creation Unit (‘‘Balancing Securities. 5 The listing requirements established by Nasdaq Fund will be marketed or otherwise 2 The stocks selected for inclusion in a Fund by require that at least two Market Makers be held out as a traditional open-end the Advisor will have aggregate investment registered in Shares in order for the Shares to characteristics (based on market capitalization and maintain a listing on Nasdaq. Registered Market 7 Shares will be registered in book-entry form industry weightings), fundamental characteristics Makers must make a continuous two-sided market only. DTC or its nominee will be the registered (such as return variability, earnings valuation and in a listing or face regulatory sanctions. owner of all outstanding Shares. DTC or DTC yield) and liquidity measures similar to those of the 6 Other Exchanges will assign a Specialist to make Participants will maintain records reflecting the relevant Underlying Index taken in its entirety. a market in Shares. beneficial owners of Shares.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52452 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
investment company or mutual fund. be able to sell Shares in the secondary activity will ensure that the difference Rather, applicants state that each Fund market at prices that do not vary between the market price of Shares and will be marketed as an ‘‘exchange- substantially from their NAV. their NAV remains narrow. traded fund,’’ ‘‘investment company,’’ Section 22(d) of the Act and Rule 22c– Section 24(d) of the Act ‘‘fund’’ and ‘‘trust.’’ All marketing 1 Under the Act materials that refer to redeemability or 7. Section 24(d) of the Act provides, describe the method of obtaining, 4. Section 22(d) of the Act, among in relevant part, that the prospectus buying or selling Shares will other things, prohibits a dealer from delivery exemption provided to dealer prominently disclose that Shares are not selling a redeemable security, which is transactions by section 4(3) of the individually redeemable and that Shares currently being offered to the public by Securities Act does not apply to any may be acquired or redeemed from the or through a principal underwriter, transaction in a redeemable security Fund in Creation Units only. The same except at a current public offering price issued by an open-end investment type of disclosure will be provided in described in the prospectus. Rule 22c– company. Applicants request an the Prospectus, SAI, shareholder reports 1 under the Act generally requires that exemption from section 24(d) to permit and investor educational materials a dealer selling, redeeming or dealers selling Shares to rely on the issued or circulated in connection with repurchasing a redeemable security do prospectus delivery exemption provided Shares. The Funds will provide copies so only at a price based on its NAV. by section 4(3) of the Securities Act.8 of their annual and semi-annual Applicants state that secondary market 8. Applicants state that Shares will be shareholder reports to DTC Participants trading in Shares will take place at listed on an Exchange and will be for distribution to beneficial owners of negotiated prices, not at a current traded in a manner similar to other Shares. offering price described in the equity securities, including the shares of Prospectus, and not at a price based on closed-end investment companies. Applicants’ Legal Analysis NAV. Thus, purchases and sales of Applicants note that dealers selling 1. Applicants request an order under Shares in the secondary market will not shares of closed-end investment section 6(c) of the Act granting an comply with section 22(d) of the Act companies in the secondary market exemption from sections 2(a)(32), and rule 22c–1 under the Act. generally are not required to deliver a 5(a)(1), 22(d), and 24(d) of the Act and Applicants request an exemption under prospectus to the purchaser. Applicants rule 22c–1 under the Act, and under section 6(c) from these provisions. contend that Shares, as a listed security, sections 6(c) and 17(b) of the Act 5. Applicants assert that the concerns merit a reduction in the compliance granting an exemption from sections sought to be addressed by section 22(d) costs and regulatory burdens resulting 17(a)(1) and (a)(2) of the Act. of the Act and rule 22c–1 under the Act from the imposition of prospectus 2. Section 6(c) of the Act provides that with respect to pricing are equally delivery obligations in the secondary the Commission may exempt any satisfied by the proposed method of market. Because Shares will be person, security or transaction, or any pricing Shares. Applicants maintain that exchange-listed, prospective investors class of persons, securities or while there is little legislative history will have access to several types of transactions, from any provision of the regarding section 22(d), its provisions, market information about Shares. Act, if and to the extent that such as well as those of rule 22c–1, appear to Applicants state that information exemption is necessary or appropriate have been designed to (a) prevent regarding market price and volume will in the public interest and consistent dilution caused by certain riskless- be continually available on a real-time with the protection of investors and the trading schemes by principal basis throughout the day on brokers’ purposes fairly intended by the policy underwriters and contract dealers, (b) computer screens and other electronic and provisions of the Act. prevent unjust discrimination or services. The previous day’s closing preferential treatment among buyers, price and volume information for Shares Sections 5(a)(1) and 2(a)(32) of the Act and (c) ensure an orderly distribution of also will be published daily in the 3. Section 5(a)(1) of the Act defines an investment company shares by ‘‘open-end company’’ as a management eliminating price competition from 8 Applicants do not seek relief from the investment company that is offering for dealers offering shares at less than the prospectus delivery requirement for non-secondary sale or has outstanding any redeemable market transactions, such as purchases of Shares published sales price and repurchasing from the Fund or an underwriter. Applicants state security of which it is the issuer. shares at more than the published that persons purchasing Creation Units will be Section 2(a)(32) of the Act defines a redemption price. cautioned in the Prospectus that some activities on redeemable security as any security, 6. Applicants believe that none of their part may, depending on the circumstances, result in their being deemed statutory underwriters other than short-term paper, under the these purposes will be thwarted by and subject them to the prospectus delivery and terms of which the holder, upon its permitting Shares to trade in the liability provisions of the Securities Act. For presentation to the issuer, is entitled to secondary market at negotiated prices. example, a broker-dealer firm and/or its client may receive approximately his proportionate Applicants state that (a) secondary be deemed a statutory underwriter if it takes Creation Units after placing an order with the share of the issuer’s current net assets, market trading in Shares does not Distributor, breaks them down into the constituent or the cash equivalent. Because Shares involve the Funds as parties and cannot Shares and sells them directly to its customers, or will not be individually redeemable, result in dilution of an investment in if it chooses to couple the purchase of a supply of applicants request an order that would Shares, and (b) to the extent different new Shares with an active selling effort involving solicitation of secondary market demand for Shares. permit the Trust to register as an open- prices exist during a given trading day, The Prospectus will state that whether a person is end management investment company or from day to day, such variances occur an underwriter depends upon all the facts and and issue Shares that are redeemable in as a result of third-party market forces, circumstances pertaining to that person’s activities. Creation Units only. Applicants state such as supply and demand. Therefore, The Prospectus also will state that dealers who are not ‘‘underwriters’’ but are participating in a that investors may purchase Shares in applicants assert that secondary market distribution (as contrasted to ordinary secondary Creation Units and redeem Creation transactions in Shares will not lead to market trading transactions), and thus dealing with Units from each Fund. Applicants discrimination or preferential treatment Shares that are part of an ‘‘unsold allotment’’ within further state that because the market among purchasers. Finally, applicants the meaning of section 4(3)(C) of the Securities Act, would be unable to take advantage of the price of Shares will be disciplined by contend that the proposed distribution prospectus delivery exemption provided by section arbitrage opportunities, investors should system will be orderly because arbitrage 4(3) of the Securities Act.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52453
financial section of newspapers. In Funds) to purchase and redeem Creation Prospectus will prominently disclose addition, the website maintained for Units through ‘‘in-kind’’ transactions. that Shares are not individually each Trust will include, for each Fund, 11. Section 17(b) of the Act authorizes redeemable shares and will disclose that the prior Business Day’s NAV, the mid- the Commission to exempt a proposed the owners of Shares may acquire those point of the bid-ask spread at the time transaction from section 17(a) of the Act Shares from the Fund and tender those of calculation of the NAV (‘‘Bid-Ask if evidence establishes that the terms of Shares for redemption to the Fund in Price’’), a calculation of the premium or the transaction, including the Creation Units only. Any advertising discount of the Bid-Ask Price against consideration to be paid or received, are material that describes the purchase or such NAV, and data in chart format reasonable and fair and do not involve sale of Creation Units or refers to displaying the frequency distribution of overreaching on the part of any person redeemability will prominently disclose discounts and premiums of the Bid-Ask concerned, and the proposed that Shares are not individually Price against the NAV, within transaction is consistent with the redeemable and that owners of Shares appropriate ranges, for each of the four policies of the registered investment may acquire those Shares from the Fund previous calendar quarters.9 company and the general provisions of and tender those Shares for redemption the Act. Applicants contend that no to the Fund in Creation Units only. 9. Investors also will receive a short useful purpose would be served by 5. The Web site maintained for a product description (‘‘Product prohibiting the affiliated persons of a Trust, which is and will be publicly Description’’), describing a Fund and its Fund described above from purchasing accessible at no charge, will contain the Shares. Applicants state that, while not or redeeming Creation Units through following information, on a per Share intended as a substitute for a ‘‘in-kind’’ transactions. The deposit basis, for each Fund: (a) The prior Prospectus, the Product Description will procedure for in-kind purchases and the Business Day’s NAV and the Bid-Ask contain information about Shares that is redemption procedure for in-kind Price and a calculation of the premium tailored to meet the needs of investors redemptions will be the same for all or discount of the Bid-Ask Price against purchasing Shares in the secondary purchases and redemptions. Deposit such NAV; and (b) data in chart format market. Securities and Fund Securities will be displaying the frequency distribution of valued in the same manner as the Section 17(a)(1) and (2) of the Act discounts and premiums of the daily Fund’s Portfolio Securities. Therefore, Bid-Ask Price against the NAV, within 10. Section 17(a) of the Act generally applicants state that in-kind purchases appropriate ranges, for each of the four prohibits an affiliated person of a and redemptions will afford no previous calendar quarters. In addition, registered investment company, or an opportunity for the affiliated persons of the Product Description for each Fund affiliated person of such a person, from a Fund, or the affiliated persons of such will state that the website for the Fund selling any security to or purchasing any affiliated persons, described above, to has information about the premiums security from the company. Section effect a transaction detrimental to other and discounts at which Shares have 2(a)(3) of the Act defines ‘‘affiliated holders of Shares. Applicants also traded. person’’ to include any person directly believe that in-kind purchases and or indirectly owning, controlling, or redemptions will not result in self- 6. The Prospectus and annual report holding with power to vote 5% or more dealing or overreaching of the Fund. for each Fund will also include: (a) The of the outstanding voting securities of information listed in condition 5(b), (i) Applicants’ Conditions the other person and any person directly in the case of the Prospectus, for the or indirectly controlling, controlled by, Applicants agree that any order most recently completed year (and the or under common control with, the granting the requested relief will be most recently completed quarter or other person. Section 2(a)(9) of the Act subject to the following conditions: quarters, as applicable) and (ii) in the provides that a control relationship will 1. Applicants will not register a case of the annual report, for the be presumed where one person owns Future Fund by means of filing a post- immediately preceding five years, as more than 25% of another person’s effective amendment to a Trust’s applicable; and (b) the following data, voting securities. Applicants state that registration statement or by any other calculated on a per Share basis for one, because the definition of ‘‘affiliated means, unless either (a) applicants have five and ten year periods (or life of the person’’ includes any person owning requested and received with respect to Fund), (i) the cumulative total return 5% or more of an issuer’s outstanding such Future Fund, either exemptive and the average annual total return voting securities, every purchaser of a relief from the Commission or a no- based on NAV and Bid-Ask Price, and Creation Unit will be affiliated with a action letter from the Division of (ii) the cumulative total return of the Fund so long as fewer than twenty Investment Management of the relevant Underlying Index. Creation Units are in existence, and any Commission; or (b) the Future Fund will 7. Before a Fund may rely on the purchaser that owns more than 25% of be listed on an Exchange without the order, the Commission will have a Fund’s outstanding Shares will be an need for a filing pursuant to rule 19b– approved, pursuant to rule 19b–4 under affiliated person of the Fund. 4 under the Exchange Act. the Exchange Act, an Exchange rule Applicants request an exemption from 2. Each Prospectus and Product requiring Exchange members and section 17(a) under sections 6(c) and Description will clearly disclose that, member organizations effecting 17(b), to permit persons that are for purposes of the Act, Shares are transactions in Shares to deliver a affiliated persons of the Funds solely by issued by the Funds and that the Product Description to purchasers of virtue of a 5% or more, or more than acquisition of Shares by investment Shares. companies is subject to the restrictions 25%, ownership interest (and affiliated For the Commission, by the Division of persons of such affiliated persons that of section 12(d)(1) of the Act. 3. As long as a Trust operates in Investment Management, under delegated are not otherwise affiliated with the authority. reliance on the requested order, the Shares will be listed on an Exchange. Margaret H. McFarland, 9 The Bid-Ask Price per Share of a Fund is Deputy Secretary. determined using the highest bid and the lowest 4. Neither a Trust nor any Fund will offer on the primary listing Exchange at the time of be advertised or marketed as an open- [FR Doc. E5–4806 Filed 9–1–05; 8:45 am] calculation of such Fund’s NAV. end fund or a mutual fund. Each BILLING CODE 8010–01–P
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52454 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
SECURITIES AND EXCHANGE By order dated February 3, 2004, HCAR the Company’s $265 million excess of COMMISSION No. 27795 (‘‘Second Captive Order’’), $35 million excess liability program, not the Commission authorized KeySpan to to exceed 25 percent. Applicants assert [Release No. 35–28020] expand the authority granted to the that this limitation of 25 percent would Filings Under the Public Utility Holding Applicants under the First Captive serve to mitigate any potentially adverse Company Act of 1935, as Amended Order in order to allow KIC to provide event while saving the System (‘‘Act’’) additional insurance services covering Companies a potential 20 percent when property, boiler and machinery ‘‘all- compared to current market pricing. August 26, 2005. risk’’ insurance services. KeySpan and • Service/Maintenance Contracts Notice is hereby given that the KIC now seek an expansion of the Insurance—KIC could be used to following filing(s) has/have been made authorization granted to KeySpan under underwrite the risks posed to the service with the Commission pursuant to the First Captive Order and the Second companies through warranty contracts. provisions of the Act and rules Captive Order (collectively referred to Currently the home energy service promulgated under the Act. All herein as the ‘‘Captive Orders’’). companies are being asked by State interested persons are referred to the Under the Captive Orders, KIC is regulatory agencies to evidence application(s) and/or declaration(s) for authorized to provide several major financial backing of these contracts complete statements of the proposed types of coverage to the KeySpan which does not exist at this time. transaction(s) summarized below. The System, including automobile liability, Applicants assert that a savings of application(s) and/or declaration(s) and workers’ compensation, general approximately 20 percent could be any amendment(s) is/are available for liability, property, and boiler and realized by using KIC versus utilizing public inspection through the machinery ‘‘all-risk’’ insurance. In the commercial insurance market. Commission’s Branch of Public addition, KIC is authorized to provide • Subsidiary Deductible Buy-Down Reference. general liability and workers’ Options—KIC can be used to offer Interested persons wishing to compensation insurance to its principal separate deductibles to operating comment or request a hearing on the contractors under an Owner’s entities according to their individual application(s) and/or declaration(s) Controlled Insurance Program (‘‘OCIP’’). appetite for risk. Applicants assert that should submit their views in writing by The contractors provide scheduled gas this would assist the operating entities, September 27, 2005, to the Secretary, main construction and maintenance to especially the smaller ones, in Securities and Exchange Commission, the KeySpan System. Except for the maintaining fiscal responsibility and 100 F Street, NE., Washington, DC general liability and workers’ would place their deductibles more in- 20549–9303, and serve a copy on the compensation insurance provided to the line with their business operational risk. relevant applicant(s) and/or declarant(s) principal contractor under OCIP, KIC • Weather Insurance—KeySpan at the address(es) specified below. Proof will not extend or provide to any non- currently uses the commercial market to of service (by affidavit or, in the case of affiliated company any insurance hedge against adverse weather an attorney at law, by certificate) should services, unless otherwise expressly fluctuations in New England. Savings be filed with the request. Any request authorized by the Commission. on the profit and administration paid to for hearing should identify specifically KIC assumes the risk of the more insurance companies would benefit the the issues of facts or law that are predictable loss layer from the System Companies. Applicants state disputed. A person who so requests will commercial insurers for automobile and that System Companies would save be notified of any hearing, if ordered, general liability losses, workers’ approximately 15% by using KIC. and will receive a copy of any notice or compensation, property, boiler and • Certified Terrorism Coverage—If the order issued in the matter. After machinery ‘‘all-risk’’ insurance. Terrorism Risk Insurance Act of 2002 September 27, 2005, the application(s) Commercial insurance will continue to (‘‘TRIA’’) is extended beyond December and/or declaration(s), as filed or as be purchased for ‘‘unpredictable’’ losses 31, 2005, KIC can offer this line of amended, may be granted and/or above the predictable loss layers from coverage because of its status as a permitted to become effective. various commercial insurance licensed insurance company in the State companies, as was done under the of Vermont. This would save KeySpan Corporation, et al. (70–09957) program prior to the formation of KIC. approximately 10–15% in current costs KeySpan Corporation (‘‘KeySpan’’) To the extent that KIC procures paid to the commercial market. In the and its wholly owned captive insurance insurance at a lower cost than that event of a certified terrorism loss, KIC company subsidiary, KeySpan which could be obtained through would have access to TRIA and would Insurance Company (‘‘KIC’’), One traditional insurers, the savings in the be able to recoup the loss associated MetroTech Center Brooklyn, New York premiums flow through ratably to the with the event, subject to applicable 11201 have filed a post-effective KeySpan System companies through the deductible and co-insurance provisions. amendment (‘‘Application’’) with the operation of the allocation methodology • Joint Venture Opportunities—KIC Commission under sections 6(a), 7, used to establish premiums. can be a vehicle for insuring predictable 12(b) and 13(b) of the Act and rules 45, Applicants now propose that KIC risks associated with joint ventures, 54, 90 and 91 under the Act. would offer the following additional partnerships or other business By order dated April 24, 2003, HCAR insurance services to the KeySpan combinations. No. 27669 (‘‘First Captive Order’’), the System: KeySpan currently insures excess Commission authorized KeySpan to • Excess Liability—A reduction of liability, weather insurance, and organize a subsidiary to engage in costs could be realized by all system certified terrorism coverage through the activities associated with a captive companies, in an amount equal to the traditional commercial insurance insurance company. In accordance with percentage of coverage taken on by KIC, market. It has various deductibles the First Captive Order, KeySpan if KIC were to take a position in the ranging from $1 million to $3 million. formed KIC, which is authorized to upper layers of the Excess General It purchases limits up to $2.5 billion provide certain insurance services to Liability insurance purchased from the from the commercial insurance market. KeySpan and its subsidiaries (‘‘KeySpan commercial market. Specifically, the KeySpan does not presently purchase System’’ and/or ‘‘System Companies’’). KIC would take a specific percentage of service/maintenance contracts
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52455
insurance, subsidiary deductible buy- as Secretary are counterfeit. BCIT is The unit of trading in stocks shall be down options, or joint venture quoted on the Pink Sheets LLC. 100 shares, except that the Exchange opportunities insurance from the The Commission is of the opinion that may fix a smaller number of shares in commercial insurance market but the public interest and the protection of any particular instance. investors require a suspension of trading intends to provide coverage in these Bids or offers for less than the unit of in the securities of BCIT. areas ranging from $5 million to $15 trading shall specify the par value of the million through KIC. Therefore, it is ordered, pursuant to Applicants state that KIC can be used section 12(k) of the Securities Exchange bonds or number of shares of stock as a vehicle to lower costs to the Act of 1934, that trading in BCIT is covered by the bid or offer. KeySpan System companies by acting as suspended for the period from 9:30 a.m. A customer’s order in the unit of a buffer layer between current e.d.t., August 31, 2005 through 11:59 trading, or multiples thereof, in any commercial market deductibles and p.m. e.d.t., on September 14, 2005. security traded on the Exchange, the planned increases in such deductibles. By the Commission. primary market for which is on another KeySpan could engage the commercial Jonathan G. Katz, Exchange, may not be split into odd- market at higher deductibles than Secretary. lots. A member may not split any order currently possible because KIC would into multiple smaller orders for any [FR Doc. 05–17593 Filed 8–31–05; 11:53 am] insure the increased risk associated with purpose other than seeking the best higher deductibles. Increasing the BILLING CODE 8010–01–P execution of the entire order. commercial market deductibles would * * * * * allow the KeySpan System to reduce SECURITIES AND EXCHANGE commercial market premiums. The COMMISSION III. Discussion and Commission premium charged by KIC for this buffer Findings layer would be calculated based on [Release No. 34–52341; File No. SR–BSE– expected losses, utilizing the same 2005–20] The Commission has reviewed method as used by commercial carefully the proposed rule change and insurance companies. Applicants state Self-Regulatory Organizations; Boston finds that it is consistent with the that, the premium charged by KIC Stock Exchange; Order Granting requirements of the Act and the rules would not include an additional charge Approval to Proposed Rule Change and regulations thereunder applicable to for profit or administration and would Relating to Trade Shredding a national securities exchange,4 therefore provide further savings to the August 26, 2005. particularly Section 6(b)(5) of the Act KeySpan System companies. which, among other things, requires that Applicants state that, to the extent I. Introduction the rules of a national securities that KIC can provide insurance at a On June 23, 2005, the Boston Stock exchange be designed to promote just lower cost than that which could be Exchange (‘‘BSE’’ or ‘‘Exchange’’) filed and equitable principles of trade, to obtained through traditional insurers, with the Securities and Exchange foster cooperation and coordination the savings would continue to flow Commission (‘‘Commission’’) pursuant with persons engaged in regulating through ratably to the KeySpan System to Section 19(b)(1) of the Securities securities transactions, to remove companies through the allocation Exchange Act of 1934, as amended, impediments to perfect the mechanism methodology used to establish (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 of a free and open market and a national premiums, as described above. the proposed rule change relating to market system and, in general, to protect Moreover, there would be no additional trade shredding. The proposed rule investors and the public interest.5 The staffing requirements for KeySpan change was published for notice and Commission believes that the proposed System companies. KIC would not be comment in the Federal Register on July rule change should help eliminate the operated to generate profits beyond 22, 2005.3 The Commission received no distortive practice of trade shredding, what is necessary to maintain adequate comments on the proposal. This order and, therefore, promote just and reserves. approves the proposed rule change. equitable principles of trade. For the Commission by the Division of II. Description of the Proposal IV. Conclusion Investment Management, pursuant to The BSE proposed to add language to delegated authority. It is therefore ordered, pursuant to its existing BSE Rules to prohibit BSE Margaret H. McFarland, Section 19(b)(2) of the Act,6 that the members from splitting large orders into Deputy Secretary. proposed rule change (File No. SR– multiple smaller orders for any purpose [FR Doc. E5–4807 Filed 9–1–05; 8:45 am] BSE–2005–20), be and hereby is, other than best execution. The text of BILLING CODE 8010–01–P approved. BSE Rules as the BSE is proposing to amend it is below. New text is in italics. For the Commission, by the Division of SECURITIES AND EXCHANGE * * * * * Market Regulation, pursuant to delegated 7 COMMISSION authority. Chapter II Margaret H. McFarland, Bancorp International Group, Inc. File Dealings on the Exchange Deputy Secretary. No. 500–1; Order of Suspension of Sec. 4. [FR Doc. E5–4804 Filed 9–1–05; 8:45 am] Trading Units of Trading BILLING CODE 8010–01–P August 31, 2005. The unit of trading in bonds shall be 4 In approving this proposed rule change, the It appears to the Securities and $1000 in par value thereof. Exchange Commission that all of the Commission has considered the proposed rule’s impact on efficiency, competition, and capital securities currently trading in the name 1 15 U.S.C. 78s(b)(l). formation. See 15 U.S.C. 78c(f). of Bancorp International Group, Inc. 2 17 CFR 240. 19b–4. 5 15 U.S.C. 78f(b)(5). (‘‘BCIT’’) and purportedly signed by 3 See Securities Exchange Act Release No. 52033 6 15 U.S.C. 78s(b)(2). Thomas Megas as President and M. Puig (July 14, 2005), 70 FR 42396. 7 17 CFR 200.30–3(a)(12).
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52456 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
SECURITIES AND EXCHANGE deemed appropriate for such that where, for example, an issuer gains COMMISSION decisionmakers, and procedural compliance shortly after the expiration deadlines involved. Also, more of a 90-day Panel exception, such issuer [Release No. 34–52342; File No. SR-NASD– 2004–125] specifically, Nasdaq proposes to define would have been out of compliance for more clearly the decision-makers an extended period of time. In Self-Regulatory Organizations; authorized to exercise discretion to Amendment No. 2, Nasdaq continued to National Association of Securities grant exceptions, how exceptions are explain that in its experience an issuer Dealers, Inc.; Order Approving documented, and when exceptions must that must rely on an extended exception Proposed Rule Change and expire. Further, Nasdaq proposes minor period in order to regain compliance Amendment No. 1 and Notice of Filing miscellaneous changes to the rules. with the listing standards frequently falls again out of compliance within a and Order Granting Accelerated III. Summary of Comments and short period and is eventually delisted. Approval of Amendment No. 2 Nasdaq’s Response Regarding Procedures for Denying Moreover, Nasdaq argued that investors The Commission received two Listing on Nasdaq in Nasdaq listed companies are entitled comment letters on the proposed rule to an expectation that such companies August 26, 2005. change.6 Generally, the commenters meet the listing standards and would be supported the proposed rule change. permitted to remain listed under an I. Introduction However, the commenters also exception for only a limited period of On August 18, 2004, the National expressed concern regarding proposed time. Accordingly, Nasdaq affirmed its Association of Securities Dealers, Inc. NASD Rule 4802, which provides 90 belief that continued inclusion of non- (‘‘NASD’’), through its subsidiary, The and 60-day time limits on exceptions to complying companies would be Nasdaq Stock Market, Inc. (‘‘Nasdaq’’), the listing standards granted by Nasdaq inappropriate and that the proposed 90 filed with the Securities and Exchange Listing Qualifications Panel (‘‘Panel’’) and 60-day time limits strike a balance Commission (‘‘Commission’’), pursuant and the Nasdaq Listing and Hearing between flexible application of the rules to Section 19(b)(1) of the Securities Review Council (‘‘Listing Council’’), and the rights and expectations of Exchange Act of 1934 (‘‘Act’’),1 and respectively. Furthermore, one prospective investors. Nasdaq also Rule 19b–4 thereunder,2 a proposed rule commenter sought clarifications noted that delisted issuers that believe change regarding its procedures for regarding proposed NASD IM–4803,7 they would regain compliance in the denying listing on Nasdaq. On February proposed NASD Rule 4806(d), and near term are able to appeal the Panel 9, 2005, Nasdaq filed Amendment No. 1 proposed NASD Rule 4802(f).8 Decision to the Listing Council. to the proposed rule change. The The commenters expressed concern The commenters also expressed proposed rule change, as amended, was that the time limits in proposed NASD concern that the proposed NASD Rule published for comment in the Federal Rule 4802 would result in an inflexible 4802 would not permit a Panel or Register on March 4, 2005.3 The application of exceptions. One Listing Council discretion to grant Commission received 2 comments on commenter argued that that the additional time to regain compliance the proposal as amended by proposed 90 and 60-day time limits on where an issuer fails to meet the filing Amendment No. 1.4 On July 1, 2005, exceptions to the listing standards are requirement contained in NASD Rule Nasdaq filed Amendment No. 2 to the inconsistent with the Commission’s 4310(c)(14).12 Nasdaq recognized that as proposed rule change in response to the observation in In the Matter of a result of increased demands placed comment letters.5 This order approves Tassaway, Inc. that Nasdaq’s rules with upon public companies by the Sarbanes- the proposed rule change, as amended. respect to delisting ‘‘do not lend Oxley Act, certain issuers may face Simultaneously, the Commission themselves to mechanical and inflexible transitional difficulties complying with 9 provides notice of, and grants administration.’’ Likewise, to NASD Rule 4310(c)(14). Nevertheless, accelerated approval to, Amendment illustrate, another commenter provided Nasdaq affirmed its belief that the No. 2. that an issuer with a viable plan to imposition of the proposed time limits regain compliance in 91 days from a II. Description of Proposed Rule Change would not result in inequitable results. Panel Decision, rather than 90 days Nasdaq, however, stated that it intends Nasdaq proposes to enhance, clarify, required in the proposal, would be 10 to closely monitor, and propose and increase the transparency of its automatically delisted. adjustments to, the time limits Nasdaq responded in Amendment No. procedures for denying or limiting applicable to exceptions to the filing 2 that it believes that strict time limits initial or continued listing on Nasdaq. requirement if such adjustments appear Among others, Nasdaq proposes to are appropriate. Nasdaq explained that the Commission also held in In the advisable in future. clarify the various decisionmakers One commenter noted that the 90-day Matter of Tassaway, Inc. that responsible for denying or limiting and 60-day exception periods are based prospective investors in Nasdaq listing on Nasdaq, proper on the date of the applicable decision, securities are ‘‘entitled to assume that documentation of decisions, conducts which is not a fixed date.13 As such, the the securities in [Nasdaq] meet commenter expressed concern that the 1 [Nasdaq’s] standards. Thus, the 15 U.S.C. 78s(b)(1). proposed NASD Rule 4802 ‘‘provides 2 presence in [Nasdaq] of non-complying 17 CFR 240.19b–4. insufficient practical guidance to 3 See Securities Exchange Act Release No. 51268 securities could have a serious companies subject to delisting.’’ 14 (February 28, 2005), 70 FR 10716. deceptive effect.’’ 11 Nasdaq also replied 4 See letters to Jonathan G. Katz, Secretary, Nasdaq agreed that the exception Commission, from David A. Donohoe, Jr., President, periods are not sufficiently precise and 6 See supra note 4. Donohoe Advisory Associates LLC, dated March 25, 7 that different non-complying issuers 2005 (‘‘Donohoe Letter’’) and Lyle Roberts and H. See Donohoe Letter at 3–4. 8 could remain listed for varying amounts Hubert Yang, Wilson Sonsini Goodrich & Rosati, See Dohonoe Letter at 4. dated April 1, 2005 (‘‘Wilson Letter’’). The letters 9 See Donohoe Letter at 1 and 4. See Securities are described in Section III, infra. Exchange Act Release No. 11291 (March 13, 1975), 12 See Donohoe Letter at 2 and Wilson Letter at 5 Amendment No. 2 made modifications to the 45 SEC 706, 6 SEC Docket 427. 2. rule text and the purpose section in response to 10 See Wilson Letter at 2. 13 See Wilson Letter at 2. comment letters. 11 See supra note 9. 14 Id.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52457
of time, depending on the time required clarify that in the situation where the is consistent with Section 15A(b)(6) of to schedule a hearing and to issue a Panel grants an issuer an exception from the Act 21 because it is designed to decision. Consequently, in response to continued listing standards pertaining promote just and equitable principles of the commenter’s concern, Nasdaq to the shareholder equity and periodic trade and, in general, to protect proposed to amend the time limits for report filing, but the Panel opts not to investors and the public interest. The exceptions to provide that a Panel monitor the issuer pursuant to NASD Commission believes that the proposed exception may not exceed the earlier of Rule 4806(d)(2), and issuer regains rule change strikes a reasonable balance 90 days from the date of the Panel compliance but falls out of compliance between Nasdaq’s obligation to protect Decision or 180 days from the date of again within a one-year period, (i) the investors and their confidence in the the Staff Determination with respect to issuer would not be permitted to market, with its obligation to perfect the the deficiency for which the exception provide the Listing Department with a mechanism of free and open market. is granted, and a Listing Council plan to regain compliance, if it would exception may not exceed the earlier of otherwise be permitted to do so under A. Review of Deficiency and Discretion 60 days from the date of the Listing proposed NASD Rule 4803, (ii) the To Grant Exceptions Council Decision or 180 days from the Listing Department would not be Nasdaq’s proposes certain rule date of the Panel Decision. permitted to grant additional time for changes to enhance, clarify, and Another commenter sought the issuer to regain compliance, and (iii) increase the transparency of its clarification regarding proposed NASD the Panel conducting the subsequent procedures for denying or limiting IM–4803.15 The commenter asked that hearing would consider the issuer’s initial or continued listing. First, Nasdaq clarify its position on the prior non-compliance. Nasdaq’s provides in proposed NASD Panel’s authority to grant exceptions to Further, Nasdaq proposed to give the Rule 4803 that in the event of an issuer’s issuers seeking to demonstrate Panel the option to monitor an issuer deficiency, the Listing Department compliance with income requirement directly in all cases where the Panel would either initiate proceedings to on The Nasdaq SmallCap Market or the concludes that there is a likelihood that deny or limit listing or notify the issuer total assets and total revenue the issuer would fail to maintain of the deficiency and provide 15 days to requirement on the Nasdaq National compliance with any continued listing submit a plan to regain compliance with Market.16 Nasdaq responded by standard in the one-year period the listing standards. Nasdaq staff affirming that Nasdaq staff would not following its decision.18 If a Panel would then be required to initiate accept a plan to regain compliance with monitors an issuer and any subsequent proceedings to deny or limit listing or these requirements. Nasdaq explained deficiency occurs during the monitoring grant the issuer up to 105 days to regain that each of these rules requires period, as in the scenario above, the compliance.22 The staff’s authority to compliance based on a completed fiscal issuer would not be permitted to grant an exception, however, would not year and, as such, non-compliance provide the Listing Department with a apply to quantitative listing standards would be determined based on an plan to regain compliance and the that, by their terms, specify a period issuer’s annual periodic filing. Because Listing Qualifications Department during which an issuer may seek to an issuer could regain compliance only would be unable to grant additional regain compliance before being subject with another annual periodic filing, time for the issuer to regain compliance. to delisting 23 or to qualitative listing such plan would always be Additionally, the Panel would promptly standards that are considered unacceptable, because the curative filing consider this deficiency.19 Again, the fundamental to an investor’s would not be made for approximately issuer would be entitled to an oral participation in, or to Nasdaq’s 12 months. hearing pursuant to the terms of NASD relationship with, the issuer.24 One commenter requested Rule 4805. The Commission believes that clarification on whether an issuer that IV. Discussion proposed NASD Rule 4803 is consistent retained its Nasdaq listing, but is subject with the Act. Specifically, the to Panel monitoring under proposed After careful review of the proposal, Commission believes that proposed NASD Rule 4806(d) because it fell out the comment letters, and Nasdaq’s NASD Rule 4803 clarifies and increases of compliance with equity or filing response to comments, the Commission the transparency of the Listing continued listing requirements, would finds that the proposed rule change, as be entitled to an oral hearing in the amended, is consistent with the 21 15 U.S.C. 78o–3(b)(6). event that the issuer fell out of requirements of the Act and the rules 22 If an issuer is already the subject of a Staff compliance with the equity or filing and regulations thereunder.20 In Determination by the Listing Department pursuant requirement during the monitoring particular, the Commission finds that to NASD Rule 4804, the Listing Department would 17 not provide the issuer with the opportunity to period. In response, Nasdaq proposed the proposed rule change, as amended, submit a plan, nor could the staff grant an to amend the proposed rule change to exception, with respect to a new deficiency. Rather, clarify that in such situation the issuer 18 Nasdaq represented that whether or not the the new deficiency would be considered by the would be provided with the opportunity Panel opts to monitor an issuer, the Nasdaq Listing relevant Adjudicatory Body as provided by NASD for an oral hearing pursuant to the terms Qualifications Department would monitor the Rule 4810(e) (redesignated as NASD Rule 4802(d)). issuer’s compliance with all Nasdaq listing 23 These standards include the requirements for of NASD Rule 4805, since the issuer standards, as it does for all Nasdaq-listed issuers. number of market makers (NASD Rules 4310(c)(1), would have been in full compliance 19 A commenter also requested clarification 4320(e)(1), and 4450(a)(6), (b)(6), and (h)(5)); market with applicable listing standards for a regarding the ability of Panel and Listing Council value of publicly held shares (NASD Rules period of time. However, because the to relist an issuer under the maintenance 4310(c)(7) and 4450(a)(2), (b)(3), and (h)(2)); market requirements, notwithstanding proposed NASD value of listed securities (NASD Rules 4310(c)(2), purpose of proposed NASD Rule Rule 4802(f). See Donohoe Letter at 4. Nasdaq 4320(e)(2), and 4450(b)(1)); and bid price (NASD 4806(d) is to expedite review of issuers responded that it believes that such discretion Rules 4310(c)(4) and 4450(a)(5), (b)(4), and (h)(3)). that repeatedly fail to satisfy the listing should exist under its listing rules and intends to 24 These standards include the requirements to standards, Nasdaq also proposed to file a separate rule proposal in the near term that provide Nasdaq with responsive and accurate would codify the limits of discretion in this regard. information (NASD Rule 4330); file periodic reports 20 In approving this proposed rule change, the (NASD Rules 4350(b) and 4360(b)); hold annual 15 See Donohoe Letter at 3 and 4. Commission has considered the proposed rule’s meetings and solicit proxies (NASD Rules 4350(e) 16 See Donohoe Letter at 3. impact on efficiency, competition, and capital and (g) and 4360(e) and (g)); and execute a listing 17 See Donohoe Letter at 4. formation. See 15 U.S.C. 78c(f). agreement (NASD Rules 4350(j) and 4360(h)).
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52458 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Department’s procedures for reviewing issuers based on the scheduling of equity or periodic report filing, and the deficiencies. Also, the Commission hearing dates and dates of decisions) by issuer regains compliance but fails to believes that proposed NASD Rule 4803 providing that a Panel exception would maintain such compliance for a one- provides fair procedures for issuers. The not exceed the earlier of 90 days from year period, the expedited delisting Commission notes that Nasdaq’s the date of the Panel Decision or 180 procedures described above would proposal to grant issuers with up to 105 days from the date of the Staff apply. Again, such issuer would be days to regain compliance is appropriate Determination, and a Listing Council entitled to an oral hearing pursuant to because it provides issuers additional exception would not exceed the earlier the terms of NASD Rule 4805. The time while not causing undue delay of 60 days from the date of the Listing Commission believes that to uphold the between the identification of Council Decision or 180 days from the quality of its market, it is reasonable for deficiencies and the determination to date of the Panel Decision. Nasdaq to implement procedures that limit or prohibit initial or continued The Commission believes that allow an expedited resolution to a listing. Further, by making clear which Nasdaq’s amendment to NASD Rule repeatedly deficient issuer. listing standards are subject to 4830 is consistent with the Act. In the B. Exception to Shareholder Approval exceptions, the Commission believes proposed rule change, Nasdaq proposes Requirement that the proposal provides issuers with to amend NASD Rule 4830 greater guidance regarding factors (redesignated as NASD Rule 4806) to The Commission believes that relevant to listing and delisting give the Panel the option to monitor an Nasdaq’s proposal to amend NASD Rule procedures. issuer for up to one year if the Panel 4350(i)(2) is consistent with the Act. The Commission believes that the concludes that there is a likelihood that The Commission believes that Nasdaq’s proposed amendments to NASD Rule the issuer would fail to maintain proposal to require an independent 4810 (redesignated as NASD Rule 4802) compliance with any listing standard committee approve an issuer’s reliance are consistent with the Act. The during that period following the date it on an exception to shareholder approval Commission notes that Nasdaq proposes regains compliance. requirements, the issuance of a press to clarify the decision-makers The Commission expects Nasdaq to release when such exception is used, authorized to exercise discretion to quickly institute delisting proceedings and the stipulation that grant an exception to its listing for issuers that fall below Nasdaq listing communications between the issuer and standards, how the exception is standards during the one-year period the Listing Qualifications Department documented, and when the exception following the date such issuers regain regarding the exception must be in must expire. Pursuant to proposed compliance. Nasdaq, in turn, proposes writing should help provide NASD Rule 4810(b) (redesignated as that where the Panel opts to monitor an transparency to investors and reduce the NASD Rule 4802(b)), a Panel may grant issuer, it would promptly schedule an potential for abuse of this exception. an exception from any of the listing oral hearing pursuant to the terms of C. Public Interest Authority standards set forth in NASD Rule 4000 NASD Rule 4805 if the issuer fails to Series for a period not to exceed the maintain compliance with any of the The Commission also finds that earlier of 90 days from the date of the listing standards. Where the Panel opts Nasdaq’s proposal to amend NASD Rule Panel Decision or 180 days from the to monitor an issuer, and where an 4300 is consistent with the Act. Nasdaq date of the Staff Determination, and the issuer is granted an exception from proposes in NASD Rule 4300 to clarify Listing Council may grant an exception continued listing standards, regains that the Listing Department must issue for a period not to exceed the earlier of compliance, and falls out of compliance a Staff Determination under NASD Rule 60 days from the date of the Listing again within a one-year period (i) the 4815 (redesignated as NASD Rule 4804) Council Decision or 180 days from the issuer would not be permitted to when Nasdaq staff exercises its date of the Panel Decision. provide the Listing Department with a authority under NASD Rule 4300 to The Commission believes that by plan to regain compliance, if it would limit or prohibit the initial or continued clarifying how exceptions are granted otherwise be permitted to do so under listing of an issuer’s securities. Nasdaq and for how long, the proposed rule proposed NASD Rule 4803, (ii) the also proposes to supplement the rule change helps issuers better understand Listing Department would not be with interpretive material that explains, the factors relevant to listing and permitted to grant additional time for among others things, the factors used in delisting procedures. The Commission the issuer to regain compliance, and (iii) evaluating whether the regulatory agrees that the proposed rule strikes a the Panel conducting the subsequent misconduct of an individual associated balance between flexible application of hearing would consider the issuer’s with an issuer should be used as a basis the rules and the rights and expectations prior non-compliance. Nasdaq to deny listing. The Commission of prospective investors in Nasdaq represents that the Panel would opt to believes that these proposals may securities. The Commission believes monitor an issuer directly in all cases enhance the transparency of Nasdaq’s that Nasdaq proposed timeframes for where the Panel concludes that there is procedures for denying or limiting exceptions help prevent non-complying a likelihood that the issuer would fail to initial or continued listing on Nasdaq. issuers from remaining listed for an maintain compliance with any listing undue amount of time. Moreover, the standard in the one-year period D. Supplementing the Record Commission notes that Nasdaq intends following its decision. Nasdaq proposes to amend NASD to monitor the time limits applicable to Likewise, Nasdaq proposes that if the Rule 4810(c) and (d) (redesignated as exceptions as they relate to filing Panel opts not to monitor an issuer and NASD Rule 4802(c)) to provide an requirements in NASD Rule 4310(c)(14) within one year the issuer again fails to Adjudicatory Body at each level of and to propose adjustments, if maintain compliance, the Listing review with broad authority to advisable. Lastly, the Commission notes Department would promptly provide supplement the record on its own that Amendment No. 2 addresses the the issuer with a Staff Determination. motion. Nasdaq also proposes to amend commenter’s concern that the exception Even if the Panel opts not to monitor an NASD Rule 4875 (redesignated as NASD periods are imprecise and provide issuer, if the Panel grants an issuer an Rule 4812) to provide that all insufficient guidance to issuers (because exception from continued listing documents submitted to Nasdaq or the time periods may vary among standards pertaining to the shareholder NASD in connection with a NASD Rule
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52459
4800 Series proceeding shall be retained affirmative approval of decisions by V. Accelerated Approval of in accordance with applicable record each Adjudicator. The Commission Amendment No. 2 retention policies. The ability to believes that these proposed supplement the record with necessary amendments may enhance the The Commission finds good cause for information would help ensure that the transparency of Nasdaq’s procedures for approving the proposed Amendment Adjudicatory Body’s decision is denying or limiting initial or continued No. 2 before the thirtieth day of informed and appropriate. Therefore, listing on Nasdaq. publication of notice of filing thereof in the Commission believes that it is the Federal Register. Nasdaq filed important that each Adjudicatory Body H. Ex Parte Communications and Amendment No. 2 in response to has the authority to supplement it Recusals and Disqualifications comments received after the publication record on its own motion. The of notice of filing of the proposed rule The Commission finds that Nasdaq’s Commission also believes the new change, as amended, to address the proposals regarding ex parte NASD Rule 4812 is consistent with the commenters’ concerns and to make communications are consistent with the Act because Nasdaq proposes to comply several technical corrections to the Act. Nasdaq proposes certain changes to with the rules thereunder.25 proposed rule language. Specifically, NASD Rule 4890 (redesignated as NASD E. Procedural Deadlines Rule 4815), such as requiring recusal, Amendment No. 2 proposed to amend disqualification, or removal for the time limits for exceptions to provide Nasdaq proposes to amend NASD that a Panel exception may not exceed Rule 4885 (redesignated NASD Rule Adjudicators who engaged in ex parte communications or recusal, the earlier of 90 days from the date of 4814) to provide that, if notice has not the Panel Decision or 180 days from the been properly given or if other disqualification, or personnel action for Nasdaq staff engaged in the same. date of the Staff Determination, and a extenuating circumstances exist, the Listing Council exception may not Nasdaq Office of General Counsel may Nasdaq also proposes to make its exceed the earlier of 60 days from the equitably adjust the time period procedures for recusals more date of the Listing Council Decision or provided by the rules for the filing of transparent by adopting proposed NASD 180 days from the date of the Panel written submissions, the scheduling of Rule 4816. Further, Nasdaq proposes to Decision. Further, Amendment No. 2 hearings, or the performance of other delete NASD Rule 4890(d), which proposed to give the Panel the option to procedural actions by the issuer or the provides that an issuer’s proposal to Adjudicatory Body. Nasdaq also resolve matters at issue in a Rule 4800 monitor an issuer directly in all cases proposes to amend NASD Rule 4885 to listing determination proceeding where the Panel concludes there is a provide that an issuer may waive any constitutes a waiver of any claims likelihood that the issuer would fail to notice period specified by NASD Rule regarding ex parte communications. The maintain compliance with any listing 4800 Series. The Commission believes Commission believes the proposed standard in the one-year period that Nasdaq’s proposed amendments to safeguards enhance fairness and following its decision. In the case of NASD Rule 4885 would facilitate openness in Nasdaq’s delisting such monitoring, Amendment No. 2 fairness in the listing and delisting proceedings. The Commission also provides that where an issuer is granted procedures. believes that deleting NASD Rule an exception from continued listing 4890(d) is reasonable because an ex standards, regains compliance, and falls F. Listing Council Subcommittees parte communication does not provide out of compliance again within a one- The Commission believes that a basis for denying listing to an year period (i) the issuer would not be Nasdaq’s proposal to amend NASD Rule otherwise qualified issuer. Therefore, permitted to provide the Listing 4840 (redesignated NASD Rule 4807) is there is no need to construe an issuer’s Department with a plan to regain consistent with the Act. Nasdaq submission of a proposal to resolve compliance, if it would otherwise be proposes to make transparent the matters at issue in the Rule 4800 permitted to do so under proposed current practice of using subcommittees proceeding as a waiver of any claims NASD Rule 4803, (ii) the Listing for the review of the complete written that Adjudicators engaged in ex parte Department would not be permitted to record of an appeal. The Commission communications. grant additional time for the issuer to believes that Nasdaq’s proposal may regain compliance, and (iii) the Panel enhance the transparency of Nasdaq’s I. Other Changes conducting the subsequent hearing procedures for appeals. Also, in the would consider the issuer’s prior non- The Commission also believes that Commission’s view, the practice of a compliance. Similar expedited Nasdaq’s proposal to amend NASD Rule subcommittee reviewing complete procedures would apply to an issuer 4803 and NASD Rule 4804 regarding written record of an appeal and that repeatedly falls below compliance disclosures to news media about the recommending a disposition of the with stockholder equity and periodic receipt of a Staff Determination matter to the Listing Council should filing requirements, even if the Panel appropriate because it conforms to the provide an efficient and fair framework opts not to monitor the issuer. As new Form 8–K requirements. Likewise, for handling the review process. mentioned above, Amendment No. 2 the Commission believes that Nasdaq’s also proposed to make certain technical G. Content and Approval of Decisions proposal to amend NASD Rule 4830(d) corrections to the proposed rule (redesignated NASD Rule 4806(c)) Nasdaq proposes to amend NASD language. Rule 4870 (redesignated NASD Rule consistent with the Act. The 4811) to establish explicit standards for Commission believes that Nasdaq’s The Commission believes that the content of decisions by the clarification that a second Panel Nasdaq’s proposed changes in Adjudicatory Bodies. Nasdaq also convened after the first fails to reach a Amendment No. 2 strengthen and proposes to amend the rules relating to unanimous decision may act through a clarify the proposed rule change in the issuance of decisions to require majority of the Panel increases the direct response to issues raised by explicitly the documentation of transparency of procedures for denying commenters and raise no new regulatory or limiting initial or continued listing issues. Based on the above, the 25 See 17 CFR 240.17a–6. on Nasdaq. Commission finds good cause for
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52460 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
accelerating approval of Amendment VII. Conclusion II. Description 26 No. 2. It is therefore ordered, pursuant to NASD proposes to amend NASD Rule VI. Solicitation of Comments Section 19(b)(2) of the Act,27 that the 3150 (governing reporting requirements proposed rule change, as amended, (SR– for clearing firms) and NASD Rule 3230 Interested persons are invited to NASD–2004–125) is approved, and that (governing clearing agreements) to submit written data, views, and Amendment No. 2 to the proposed rule permit regulators and clearing firms to arguments concerning Amendment No. change be, and hereby is, approved on distinguish between data belonging to 2, including whether the amendment is an accelerated basis. an introducing firm and data belonging consistent with the Act. Comments may to its ‘‘piggybacking’’ firm(s). Broker- For the Commission, by the Division of be submitted by any of the following Market Regulation, pursuant to delegated dealers that contract for clearing methods: authority.28 services with an introducing firm are Margaret H. McFarland, often referred to as ‘‘piggybacking’’ Electronic Comments firms, or ‘‘piggybackers.’’ Under this Deputy Secretary. • Use the Commission’s Internet arrangement, only the introducing firm [FR Doc. E5–4803 Filed 9–1–05; 8:45 am] has a contractual arrangement with the comment form (http://www.sec.gov/ BILLING CODE 8010–01–P rules/sro.shtml); or clearing firm, which clears for both the • introducing firm and the introducing Send an e-mail to rule- firm’s piggybacking firms. The proposed SECURITIES AND EXCHANGE [email protected]. Please include File rule change would require clearing COMMISSION Number SR–NASD–2004–125 on the firms to report data to NASD about each subject line. [Release No. 34–52352; File No. SR–NASD– piggybacking firm separately from the Paper Comments 2005–58] introducing firm’s own customer and proprietary data. The proposed rule • Send paper comments in triplicate Self-Regulatory Organizations; change would apply only if the to Jonathan G. Katz, Secretary, National Association of Securities piggybacking relationship with the Securities and Exchange Commission, Dealers, Inc.; Order Approving introducing firm is established on or Station Place, 100 F Street, NE., Proposed Rule Change and after the effective date of the proposed Washington, DC 20549–9303. Amendment No. 1 Relating to the rule change. Reporting of Data to Clearing Firms by All submissions should refer to File III. Comment Received No. SR–NASD–2004–125. This file Correspondent Firms The commenter discussed a concern number should be included on the August 26, 2005. that the SIA Clearing Firms Committee subject line if e-mail is used. To help the had with a prior version of the proposed Commission process and review your I. Introduction rule change relating to which comments more efficiently, please use On May 2, 2005, the National intermediary account relationships only one method. The Commission will Association of Securities Dealers, Inc. would be subject to the proposed rule post all comments on the Commission’s (‘‘NASD’’) filed with the Securities and change.6 Specifically, the SIA letter Internet Web site (http://www.sec.gov/ Exchange Commission (‘‘Commission’’), stated that ‘‘we are pleased to see that rules/sro.shtml). Copies of the pursuant to Section 19(b)(1) of the subsection (b) has now been modified so submission, all subsequent Securities Exchange Act of 1934 that Rule 3150 will only apply to amendments, all written statements (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a intermediary clearing arrangements with respect to the amendment that are proposed rule change to amend NASD which are actually established after the filed with the Commission, and all Rule 3150 and Rule 3230 governing the effective date of the rule.’’ 7 written communications relating to the reporting of data to clearing firms by amendment between the Commission correspondent firms. On July 14, 2005, IV. Discussion and any person, other than those that NASD filed Amendment No. 1 to the After careful review, the Commission may be withheld from the public in proposed rule change.3 The proposed finds that the proposed rule change, as accordance with the provisions of 5 rule change, as amended, was published amended, is consistent with the U.S.C. 552, will be available for for comment in the Federal Register on requirements of the Act and the rules inspection and copying in the July 26, 2005.4 The Commission and regulations thereunder applicable to Commission’s Public Reference Room. received one comment letter on the a national securities association 8 and, Copies of such filing also will be proposed rule change.5 This order in particular, the requirements of available for inspection and copying at approves the proposed rule change, as Section 15A of the Act and the rules and the principal office of NASD. amended. regulations thereunder.9 The All comments received will be posted Commission finds specifically that the without change; the Commission does 27 15 U.S.C. 78s(b)(2). proposed rule change is consistent with not edit personal identifying 28 17 CFR 200.30–3(a)(12). the provisions of Section 15A(b)(6) 10 of information from submissions. You 1 15 U.S.C. 78s(b)(1). the Act, which requires, among other 2 should submit only information that 17 CFR 240.19b–4. things, that NASD rules must be 3 Amendment No. 1, which replaced and designed to prevent fraudulent and you wish to make available publicly. All superseded the original filing in its entirety, submissions should refer to the File clarifies which piggybacking arrangements will be manipulative acts and practices, to Number SR–NASD–2004–125 and subject to the rule and modifies certain rule should be submitted on or before language to conform with other terms used in 6 See SIA letter supra note 5. NASD rules. 7 Id. September 23, 2005. 4 Securities Exchange Act Release No. 52059 (July 8 In approving this proposed rule change, the 19, 2005), 70 FR 43204 (July 26, 2005). Commission has considered the proposal’s impact 26 The Commission further notes that both the 5 See letter from James Rogan, Chairman, SIA on efficiency, competition and capital formation. rule filing and the amendments thereto have been Clearing Firms Committee, Securities Industry See 15 U.S.C. 78c(f). available since their respective filing dates on Association (‘‘SIA’’), to Jonathan G. Katz, Secretary, 9 15 U.S.C. 78o–3. NASD’s Web site http://www.nasd.com). Commission, dated August 12, 2005 (‘‘SIA letter’’). 10 15 U.S.C. 78o–3(b)(6).
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52461
promote just and equitable principles of I. Self-Regulatory Organization’s and changing the brokerage account trade, and in general, to protect Statement of the Terms of Substance of number associated with an applicable investors and the public interest. The the Proposed Rule Change insurance product. NSCC intends to Commission notes that the NASD The purpose of the proposed rule make additional account maintenance proposal, as amended, will allow change is to expand the types of capabilities available to its members 4 regulators and clearing firms to Insurance Processing Service (‘‘IPS’’) through IFT. These fees and functions are as determine whether data being reported data that may be transmitted through follows: to clearing firms belongs to an NSCC pursuant to Rule 57 (‘‘Insurance (1) Customer Account Transfer introducing firm or a piggybacking firm. Processing Service’’) and to amend Output (‘‘CAT Output’’), which The Commission believes that this Addendum A (‘‘Fee Schedule’’) of provides ACATS generated insurance ability will enhance the surveillance NSCC’s Rules & Procedures to establish registration information to insurance component of NASD’s National additional IPS fees. carriers. ($0.95 per transaction, charged Examination Program and may facilitate II. Self-Regulatory Organization’s to the insurance carrier only); any future Securities Investor Protection Statement of the Purpose of, and (2) Customer Account Transfer Corporation (‘‘SIPC’’) liquidations of a Statutory Basis for, the Proposed Rule Confirm (‘‘CAT Confirm’’), which broker-dealer. Change allows insurance carriers to confirm back to the broker-dealers insurance V. Conclusion In its filing with the Commission, registration changes received. ($0.40 per NSCC included statements concerning It is therefore ordered, pursuant to transaction, charged to both the the purpose of and basis for the 11 insurance carrier and the receiving Section 19(b)(2) of the Act, that the proposed rule change and discussed any proposed rule change (File No. SR– broker-dealer); comments it received on the proposed (3) Time Expired Transaction NASD–2005–58), as amended, is rule change. The text of these statements approved. (‘‘TEX’’), which is utilized if either the may be examined at the places specified insurance carrier or broker-dealer has For the Commission, by the Division of in Item IV below. NSCC has prepared not completed its transaction within 20 Market Regulation, pursuant to delegated summaries, set forth in sections (A), (B), business days. In such cases, IPS will 12 authority. and (C) below, of the most significant generate a TEX transaction to inform 2 Margaret H. McFarland, aspects of these statements. both sides that the ACATS transaction Deputy Secretary. (A) Self-Regulatory Organization’s has expired. ($0.95 per transaction, [FR Doc. E5–4828 Filed 9–1–05; 8:45 am] Statement of the Purpose of, and charged to both the insurance carrier BILLING CODE 8010–01–P Statutory Basis for, the Proposed Rule and the receiving broker-dealer); Change (4) Beneficiary Update Request (‘‘BEN Request’’), which allows broker-dealers On May 27, 2005, the Commission to provide beneficiary information on an SECURITIES AND EXCHANGE approved NSCC rule filing SR–NSCC– insurance policy when the policy COMMISSION 2005–02,3 which enhanced NSCC’s contains multiple beneficiaries. (No Automated Customer Account Transfer charge); [Release No. 34–52343; File No. SR–NSCC– Service (‘‘ACATS’’) and IPS rules to (5) Beneficiary Confirm (‘‘BEN 2005–09] provide for Inforce Transactions Confirm’’), which allows the insurance (‘‘IFT’’), a new IPS service. The Self-Regulatory Organizations; carrier to confirm BEN Request enhancements permit delivering and transactions back to the broker-dealer. National Securities Clearing receiving broker-dealers to Corporation; Notice of Filing and (No charge); communicate changes relating to the (6) Registered Representative Change Immediate Effectiveness of Proposed broker-dealer of record for applicable Request (‘‘REP Request’’), which allows Rule Change Relating to Changes to insurance products using ACATS. The broker-dealers to change the registered Insurance Processing Service and information is transmitted through a representative on an insurance policy. Revisions to Fee Schedule link from ACATS to IFT, which conveys ($0.70 per transaction, charged to both the information to the insurance August 26, 2005. the insurance carrier and the broker- company that issued the eligible dealer); Pursuant to Section 19(b)(1) of the insurance product. IFT also (7) Registered Representative Change Securities Exchange Act of 1934 communicates to ACATS whether the Confirm (‘‘REP Confirm’’), which allows (‘‘Act’’),1 notice is hereby given that on insurance company has confirmed the insurance carriers to confirm back to the August 10, 2005, the National Securities change, has rejected the change, or has broker-dealers REP Request Clearing Corporation (‘‘NSCC’’) filed requested a modification to the request. transactions. ($0.30 per transaction, with the Securities and Exchange In addition to establishing fees for the charged to both the insurance carrier Commission (‘‘Commission’’) a IFT service, the proposed rule change and the broker-dealer); 5 proposed rule change and on August 22, provides for additional IFT (8) Brokerage Identification Number 2005, amended the proposed rule administrative account maintenance Change Request (‘‘BIN Request’’), which change as described in Items I, II, and capabilities that may be used outside of allows broker-dealer to change the III below, which items have been ACATS to perform changes that do not brokerage account number affiliated prepared primarily by NSCC. The require firm-to-firm account transfers. with an insurance policy held at an Commission is publishing this notice to Initially these functions will allow insurance carrier. ($0.50 per transaction, solicit comments on the proposed rule changing the registered representatives change from interested parties. 4 NSCC will file with the Commission a proposed 2 The Commission has modified the text of the rule change before implementing further changes to summaries prepared by NSCC. IPS. 11 15 U.S.C. 78s(b)(2). 3 Securities Exchange Act Release No. 51753 (May 5 The REP Request and REP Confirm functions 12 17 CFR 200.30–3(a)(12). 27, 2005), 70 FR 32859 (June 6, 2005) [SR–NSCC– may be used both in conjunction with ACATS and 1 15 U.S.C. 78s(b)(1). 2005–02]. as a stand-alone IPS/IFT function.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52462 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
charged to both the insurance carrier responsible and does not significantly information that you wish to make and the broker-dealer); and affect NSCC’s or its members’ respective available publicly. All submissions (9) Brokerage Identification Number rights or obligations. At any time within should refer to File Number SR–NSCC– Change Confirm (‘‘BIN Confirm’’), sixty days of the filing of the proposed 2005–09 and should be submitted on or which allows the insurance carrier to rule change, the Commission may before September 23, 2005. confirm back to the broker-dealers BIN summarily abrogate such rule change if For the Commission by the Division of Request transactions. ($0.20 per it appears to the Commission that such Market Regulation, pursuant to delegated transaction, charged to both the action is necessary or appropriate in the authority.10 insurance carrier and the broker- public interest, for the protection of Margaret H. McFarland, 6 dealer). investors, or otherwise in furtherance of Deputy Secretary. The above fees apply to both test and the purposes of the Act. [FR Doc. E5–4805 Filed 9–1–05; 8:45 am] production transactions. Fees for production transactions will be effective IV. Solicitation of Comments BILLING CODE 8010–01–P on September 1, 2005. Fees for test Interested persons are invited to transactions will not be assessed until submit written data, views, and SECURITIES AND EXCHANGE January 1, 2006. arguments concerning the foregoing, COMMISSION The proposed change is consistent including whether the proposed rule with Section 17A of the Act 7 and the change is consistent with the Act. [Release No. 34–52351; File No. SR-PCX– rules and regulations thereunder Comments may be submitted by any of 2005–92] applicable to NSCC because it effects a the following methods: change in an existing service that will Self-Regulatory Organizations; Pacific facilitate the transmission of Electronic Comments Exchange, Inc.; Notice of Filing and information for annuity and life • Use the Commission’s Internet Immediate Effectiveness of Proposed insurance products in a standardized comment form (http://www.sec.gov/ Rule Change and Amendment No. 1 and automated format using NSCC’s rules/sro.shtml) or Relating to Complex Orders • connectivity. In addition, the proposed Send an e-mail to rule- August 26, 2005. rule change establishes fees, providing [email protected]. Please include File Pursuant to Section 19(b)(1) of the for the equitable allocation of dues, fees, Number SR–NSCC–2005–09 on the Securities Exchange Act of 1934 and other charges among NSCC subject line. (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 members. Standardization and Paper Comments notice is hereby given that on August 3, automation of information related to 2005, the Pacific Exchange, Inc. (‘‘PCX’’ • Send paper comments in triplicate annuity and life insurance products can or ‘‘Exchange’’) filed with the Securities to Jonathan G. Katz, Secretary, be expected to reduce processing errors and Exchange Commission Securities and Exchange Commission, and delays that are typically associated (‘‘Commission’’) the proposed rule with manual processes. 100 F Street, NE., Washington, DC change as described in Items I and II 20549–9303. below, which Items have been prepared (B) Self-Regulatory Organization’s All submissions should refer to File by the Exchange. On August 17, 2005, Statement on Burden on Competition Number SR–NSCC–2005–09. This file the PCX submitted Amendment No. 1 to number should be included on the NSCC does not believe that the the proposed rule change.3 The PCX subject line if e-mail is used. To help the proposed rule change will have any filed the proposal pursuant to Section Commission process and review your impact or impose any burden on 19(b)(3)(A) of the Act,4 and Rule 19b– comments more efficiently, please use competition. 4(f)(6) thereunder,5 which renders the only one method. The Commission will (C) Self-Regulatory Organization’s proposal effective upon filing with the post all comments on the Commission’s Statement on Comments on the Commission.6 The Commission is Internet Web site (http://www.sec.gov/ Proposed Rule Change Received From publishing this notice to solicit rules/sro.shtml). Copies of the Members, Participants, or Others comments on the proposed rule change, submission, all subsequent as amended, from interested persons. Written comments relating to the amendments, all written statements proposed rule change have not yet been with respect to the proposed rule I. Self-Regulatory Organization’s solicited or received. NSCC will notify change that are filed with the Statement of the Terms of Substance of the Commission of any written Commission, and all written the Proposed Rule Change comments received by NSCC. communications relating to the The PCX proposes to amend PCX Rule III. Date of Effectiveness of the proposed rule change between the 6.91, ‘‘Complex Orders on the PCX Plus Proposed Rule Change and Timing for Commission and any person, other than System,’’ to better describe the Commission Action those that may be withheld from the allocation methodology for individual public in accordance with the The foregoing rule change has become provisions of 5 U.S.C. 552, will be 10 effective upon filing pursuant to Section 17 CFR 200.30–3(a)(12). available for inspection and copying in 1 19(b)(3)(A)(iii) of the Act 8 and Rule 15 U.S.C. 78s(b)(1). the Commission’s Public Reference 2 17 CFR 240.19b–4. 19b–4(f)(4) 9 thereunder because it Section, 100 F Street, NE., Washington, 3 Amendment No. 1 revises the proposal to effects a change in an existing service of DC 20549. Copies of such filing also will correct a typographical error in the original filing NSCC that does not adversely affect the and to make minor changes clarifying the text of the be available for inspection and copying proposed rule and the PCX’s description of the safeguarding of securities or funds in at the principal office of NSCC and on NSCC’s control or for which NSCC is proposal. NSCC’s Web site at http:// 4 15 U.S.C. 78s(b)(3)(A). www.nscc.com. All comments received 5 17 CFR 240.19b–4(f)(6). 6 The BIN Request and BIN Confirm functions are will be posted without change; the 6 The PCX has requested that the Commission stand-alone IPS/IFT functions only. waive both the five-day pre-filing notification 7 15 U.S.C. 78q–1. Commission does not edit personal requirement and the 30-day operative delay, as 8 15 U.S.C. 78s(b)(3)(A)(iii). identifying information from specified in Rule 19b–4(f)(6)(iii). 17 CFR 240.19b– 9 17 CFR 240.19b–4(f)(4). submissions. You should submit only 4(f)(6)(iii).
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52463
orders or quotes residing in the submitting orders into the CTE. With Pursuant to Rule 19b–4(f)(6)(iii) under Consolidated Book that execute against improved prices in the CTE, the PCX the Act,12 a proposal does not become complex trades. The text of the believes that it is more likely that operative for 30 days after the date of its proposed rule change is available on the individual legs of the complex order filing, or such shorter time as the PCX’s Web site (http:// will match up against orders in the Commission may designate if consistent www.pacificex.com), at the PCX, and at Consolidated Book, thus providing more with the protection of investors and the the Commission’s Public Reference liquidity for customer orders. The PCX public interest. In addition, Rule 19b– Room. believes that improving prices and 4(f)(6)(iii) requires a self-regulatory creating more competition among PCX II. Self-Regulatory Organization’s organization to provide the Commission market makers for complex order trade Statement of the Purpose of, and with written notice of its intent to file allocations is beneficial to the public. Statutory Basis for, the Proposed Rule the proposed rule change, along with a According to the PCX, the proposed rule Change brief description and text of the change now clearly states the allocation proposed rule change, at least five In its filing with the Commission, the methodology for these types of trades. business days prior to the date of filing Exchange included statements Amendment No. 1 revises the of the proposed rule change, or such concerning the purpose of, and basis for, proposal to correct a typographical error shorter time as designated by the the proposed rule change and discussed in the original filing and to make minor Commission. The PCX has asked the any comments it received on the clarifying changes to the text of PCX Commission to waive the five-day pre- proposed rule change. The text of these Rule 6.91(c)(3)(i) and to the PCX’s filing requirement and the 30-day statements may be examined at the description of the proposal. operative delay. The PCX notes that the places specified in Item IV below. The 2. Statutory Basis proposal clarifies the intent of PCX Rule Exchange has prepared summaries, set 6.91. In addition, the PCX believes that The Exchange believes that the forth in Sections A, B, and C below, of the proposal will allow more efficient proposed rule change is consistent with the most significant aspects of such and effective market operation by Section 6(b) of the Act,8 in general, and statements. enabling the PCX to provide a furthers the objectives of Section 6(b)(5) competitive means of trading complex A. Self-Regulatory Organization’s of the Act,9 in particular, in that it is orders. Statement of the Purpose of, and designed to facilitate transactions in Statutory Basis for, the Proposed Rule securities, to promote just and equitable The Commission waives the five-day Change principles of trade, to enhance pre-filing requirement. In addition, the Commission believes that waiving the 1. Purpose competition and to protect investors and the public interest. 30-day operative delay is consistent The purpose of the proposed rule with the protection of investors and the change is to adopt clarifying language to B. Self-Regulatory Organization’s public interest because the proposal better describe the allocation Statement on Burden on Competition merely clarifies the intent of PCX Rule methodology for individual orders or The Exchange does not believe that 6.91 and does not raise significant quotes residing in the Consolidated the proposed rule change will impose regulatory issues.13 For these reasons, Book that execute against complex any burden on competition that is not the Commission designates that the trades. The Commission recently necessary or appropriate in furtherance proposed rule change become operative approved PCX Rule 6.91, which sets of the purposes of the Act. immediately. forth the procedures used to trade At any time within 60 days of the C. Self-Regulatory Organization’s complex orders on the PCX Plus filing of the proposed rule change, the 7 Statement on Comments on the system. PCX Rule 6.91 does not Commission may summarily abrogate Proposed Rule Change Received From specifically state what the allocation the rule change if it appears to the Members, Participants, or Others methodology for individual orders or Commission that such action is quotes residing in the Consolidated Written comments on the proposed necessary or appropriate in the public Book that execute against complex rule change were neither solicited nor interest, for the protection of investors, trades will be. received. or otherwise in furtherance of the According to the PCX, the Exchange purposes of the Act.14 intended at all times and built its III. Date of Effectiveness of the complex order trading system in such a Proposed Rule Change and Timing for IV. Solicitation of Comments way that the allocation methodology for Commission Action Interested persons are invited to these types of trades would be governed The Exchange has designated the submit written data, views and by PCX Rule 6.75, ‘‘Priority and proposed rule change as one that: (i) arguments concerning the foregoing, Allocation Procedures,’’ with the Does not significantly affect the including whether the proposed rule exception that there would be no protection of investors or the public change, as amended, is consistent with guaranteed participation for Lead interest; (ii) does not impose any the Act. Comments may be submitted by Market Makers (‘‘LMMs’’) when two significant burden on competition; and any of the following methods: separate orders in the Consolidated (iii) does not become operative for 30 Book matched up against a complex days from the date of filing, or such 12 order in the complex trading engine shorter time as the Commission may 17 CFR 240.19b–4(f)(6)(iii). 13 For purposes of waiving the 30-day operative (‘‘CTE’’). The PCX believes that designate. Therefore, the foregoing rule delay, the Commission has considered the proposed removing the LMM guaranteed change has become effective pursuant to rule’s impact on efficiency, competition, and capital participation is appropriate because it Section 19(b)(3)(A) of the Act 10 and formation. 15 U.S.C. 78c(f). creates more incentive for PCX market Rule 19b–4(f)(6) thereunder.11 14 For purposes of calculating the 60-day period within which the Commission may summarily makers to improve prices when abrogate the proposed rule change under Section 8 15 U.S.C. 78f(b). 19(b)(3)(C) of the Act, the Commission considers 7 See Securities Exchange Act Release No. 52060 9 15 U.S.C. 78f(b)(5). the proposed rule change to have been filed on (July 19, 2005), 70 FR 42610 (July 25, 2005) (order 10 15 U.S.C. 78s(b)(3)(A). August 17, 2005, the date on which the PCX filed approving File No. SR–PCX–2005–71). 11 17 CFR 240.19b–4(f)(6). Amendment No. 1.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52464 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Electronic Comments OFFICE OF THE UNITED STATES Country FY 2005 TRADE REPRESENTATIVE Reallocation • Use the Commission’s Internet comment form (http://www.sec.gov/ 2005 Reallocation of the Tariff-Rate Guatemala ...... 9,923 rules/sro.shtml); or Quota for Raw Cane Sugar Guyana ...... 2,481 • Honduras ...... 2,067 Send an e-mail to rule- AGENCY: Office of the United States Mauritius ...... 2,481 [email protected]. Please include File Trade Representative. Mozambique ...... 2,688 Number SR–PCX–2005–92 on the ACTION: Notice. Nicaragua ...... 4,342 subject line. Panama ...... 5,995 SUMMARY: The Office of the United Peru ...... 8,476 Paper Comments States Trade Representative (USTR) is South Africa ...... 4,755 providing notice of the country-by- Swaziland ...... 3,308 • Send paper comments in triplicate Taiwan ...... 2,481 to Jonathan G. Katz, Secretary, country reallocations of the FY 05 in- Thailand ...... 2,894 Securities and Exchange Commission, quota quantity increase of the tariff-rate Zimbabwe ...... 2,481 quotas for imported raw cane sugar. 100 F Street, NE., Washington, DC DATES: 20549–9303. Effective Date: September 2, These allocations are based on the 2005. countries’ historical shipments to the All submissions should refer to File ADDRESSES: United States. The allocations of the raw No. SR–PCX–2005–92. This file number Inquiries may be mailed or delivered to Elizabeth Leier, Director of cane sugar tariff-rate quota to countries should be included on the subject line Agricultural Trade Policy, Office of that are net importers of sugar are if e-mail is used. To help the Agricultural Affairs, Office of the United conditioned on receipt of the Commission process and review your States Trade Representative, 600 17th appropriate verifications of origin. comments more efficiently, please use Street, NW., Washington, DC 20508. Conversion factor: 1 metric ton = only one method. The Commission will FOR FURTHER INFORMATION CONTACT: 1.10231125 short tons. post all comments on the Commission’s Elizabeth Leier, Office of Agricultural Rob Portman, Internet Web site (http://www.sec.gov/ Affairs, 202–395–6127. rules/sro.shtml). Copies of the United States Trade Representative. SUPPLEMENTARY INFORMATION: Pursuant [FR Doc. 05–17544 Filed 9–1–05; 8:45 am] submission, all subsequent to Additional U.S. Note 5 to chapter 17 BILLING CODE 3190–W5–P amendments, all written statements of the Harmonized Tariff Schedule of with respect to the proposed rule the United States (HTS), the United change that are filed with the States maintains tariff-rate quotas for DEPARTMENT OF TRANSPORTATION Commission, and all written imports of raw cane and refined sugar. communications relating to the Section 404(d)(3) of the Uruguay Federal Highway Administration proposed rule change between the Round Agreements Act (19 U.S.C. Commission and any person, other than 3601(d)(3)) authorizes the President to Environmental Impact Statement: those that may be withheld from the allocate the in-quota quantity of a tariff- Colfax and Dodge Counties, NE public in accordance with the rate quota for any agricultural product provisions of 5 U.S.C. 552, will be among supplying countries or customs AGENCY: Federal Highway available for inspection and copying in areas. The President delegated this Administration (FHWA), DOT. the Commission’s Public Reference authority to the United States Trade ACTION: Notice of intent. Room. Copies of the filing also will be Representative under Presidential SUMMARY: available for inspection and copying at Proclamation 6763 (60 FR 1007). The FHWA is issuing this notice to advise the public that an the principal office of the Exchange. All The in-quota quantity increase of the Environmental Impact Statement will be comments received will be posted tariff-rate quota for raw cane sugar for prepared for a proposed highway project without change; the Commission does the remainder of FY 05 (ending September 30, 2005) has been in Colfax and Dodge Counties, not edit personal identifying established by the Secretary of Nebraska. information from submissions. You Agriculture at 76,609 metric tons, raw should submit only information that FOR FURTHER INFORMATION CONTACT: Mr. value (84,447 short tons). In addition, I Edward Kosola, Realty/Environmental you wish to make available publicly. All have determined to reallocate 53,409 submissions should refer to File No. Officer, FHWA, Federal Building, Room metric tons from countries that have 220, 100 Centennial Mall North, SR–PCX–2005–92 and should be stated they will be unable to fill the FY submitted on or before September 23, Lincoln, Nebraska 68508–3851, (402) 2005 quota. The total quantity of 437–5765. Mr. Arthur Yonkey, Planning 2005. 130,018 metric tons raw value is being and Project Development Engineer, For the Commission, by the Division of allocated to the following countries: Nebraska Department of Roads, Box Market Regulation, pursuant to delegated 94759, 1500 Highway 2, Lincoln, authority.15 FY 2005 Country Reallocation Nebraska 68509, (402) 479–4795. Margaret H. McFarland, SUPPLEMENTARY INFORMATION: The Deputy Secretary. Argentina ...... 8,890 FHWA, in cooperation with the [FR Doc. E5–4827 Filed 9–1–05; 8:45 am] Australia ...... 17,159 Nebraska Department of Roads, will Belize ...... 2,274 BILLING CODE 8010–01–P prepare an Environmental Impact Bolivia ...... 1,654 Statement (EIS) for a proposal to Brazil ...... 29,977 Colombia ...... 4,962 improve Highway US–30 in east-central Dominican Republic ...... 1,220 Nebraska in Colfax and Dodge Counties. Ecuador ...... 2,274 The proposed improvements to US–30 El Salvador ...... 5,375 will provide a four-lane highway 15 CFR 200.30–3(a)(12). Fiji ...... 1,861 between Schuyler and Fremont,
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52465
Nebraska, for a distance of about 30 from operating commercial motor provide an opportunity for public miles. Existing US–30 is a two-lane vehicles (CMVs) in interstate commerce. comment on the request. rural highway generally serving east- The exemptions will enable these The agency must then examine the west vehicle traffic. Alternatives under individuals to qualify as drivers of safety analyses and the public consideration include: (1) Taking no CMVs in interstate commerce. comments, and determine whether the action; (2) reconstruction of US–30 on DATES: The exemptions are effective exemption would achieve a level of existing alignment; and (3) providing a September 2, 2005. The exemptions safety equivalent to, or greater than, the four-lane highway on new alignment. expire on September 3, 2007. level that would be achieved by A conflict resolution effort has been FOR FURTHER INFORMATION CONTACT: Dr. complying with the current regulation initiated to help resolve issues Mary D. Gunnels, Office of Bus and (49 CFR 381.305). The Agency’s surrounding potential roadway Truck Standards and Operations, (202) decision must be published in the alignments. An Advisory Panel made up 366–4001, FMCSA, Department of Federal Register (49 CFR 381.315(b)). If of stakeholders has been formed to Transportation, 400 Seventh Street, the agency denies the request, it must advise the decision-making authorities. SW., Washington, DC 20590–0001. state the reason for doing so. If the decision is to grant the exemption, the Local citizen input is provided for Office hours are from 8 a.m. to 5 p.m., notice must specify the person or class through contact with panel e.t., Monday through Friday, except of persons receiving the exemption, and representatives, or agency contacts. Federal holidays. Agency scoping and a public scoping/ the regulatory provision or provisions SUPPLEMENTARY INFORMATION: information meetings were held from which an exemption is being previously during preparation of an Electronic Access granted. The notice must also specify Environmental Assessment (EA) for this You may see all the comments online the effective period of the exemption project. A Draft EIS will be prepared through the Document Management (up to two years), and explain the terms and conditions of the exemption. The and a public hearing will be held. System (DMS) at: http://dmses.dot.gov. Public notice will be given for any Docket: For access to the docket to exemption may be renewed (49 CFR additional information meetings and the read background documents or 381.300(b)). public hearing. comments received, go to http:// Establishment of FMCSA’s Diabetes To ensure that the full range of issues dms.dot.gov and/or Room PL–401 on Exemption Program related to this proposed action are the plaza level of the Nassif Building, FMCSA published a notice of intent addressed and all significant issues 400 Seventh Street, SW., Washington, identified, comments and suggestions to issue exemptions to drivers with DC, between 9 a.m. and 5 p.m., Monday ITDM on July 31, 2001 (66 FR 39548). are invited from all interested parties. through Friday, except Federal holidays. Comments or questions concerning this On September 3, 2003, the agency Privacy Act: Anyone may search the published a notice of final disposition proposed action and the EIS should be electronic form of all comments directed to the FHWA or the Nebraska announcing its decision to issue received into any of DOT’s dockets by exemptions to certain insulin-using Department of Roads at the address the name of the individual submitting provided. diabetic drivers of CMVs from the the comment (or of the person signing diabetes mellitus prohibition under 49 (Catalog of Federal Domestic Assistance the comment, if submitted on behalf of CFR 391.41(b)(3). [68 FR 5241] The Project Number 20.205, Highway Planning an association, business, labor union, or notice of final disposition explained and Construction. The regulations other entity). You may review DOT’s that in considering exemptions, FMCSA implementing Executive Order 12372 complete Privacy Act Statement in the regarding intergovernmental consultation on must ensure that the issuance of Federal Register (65 FR 19477, Apr. 11, diabetes exemptions will not be Federal programs and activities apply to this 2000). This statement is also available at program.) contrary to the public interest and that http://dms.dot.gov. the exemption achieves an acceptable Dated: August 26, 2005. Background level of safety. The agency indicated it Edward W. Kosola, will only grant exemptions to insulin- Realty/Environmental Officer, Nebraska Authority To Grant Exemptions using diabetic drivers that meet the Division, Federal Highway Administration, Section 4007 of the Transportation eligibility criteria provided in its notice Lincoln, Nebraska. Equity Act for the 21st Century (Pub. L. of final disposition. [FR Doc. 05–17527 Filed 9–1–05; 8:45 am] 105–178, 112 Stat. 107, June 9, 1998) Because FMCSA established BILLING CODE 4910–22–M amended 49 U.S.C. 31315 and 31136(e) eligibility criteria for use in determining to provide FMCSA with authority to whether the granting of a diabetes grant exemptions from its safety exemption would achieve the requisite DEPARTMENT OF TRANSPORTATION regulations. On December 8, 1998, the level of safety, the agency only Federal Motor Carrier Safety Federal Highway Administration’s publishes for public comment, the Administration Office of Motor Carriers, the predecessor names of exemption applicants that to FMCSA, published an interim final satisfy the eligibility requirements, [FMCSA Docket No. FMCSA–2005–20721] rule implementing section 4007 (63 FR based upon the information provided by 67600). On August 20, 2004, FMCSA the applicant. Applicants that do not Qualification of Drivers; Exemption published a Final Rule (69 FR 51589) on meet the requirements are notified by Applications; Diabetes this subject. By this rule, FMCSA must letter that their applications are denied AGENCY: Federal Motor Carrier Safety publish a notice of each exemption and the agency periodically publishes Administration (FMCSA), DOT. request in the Federal Register (49 CFR the names of those individuals to satisfy ACTION: Notice of final disposition. part 381). the statutory requirement for disclosing The agency must provide the public such information to the public. SUMMARY: FMCSA announces its with an opportunity to inspect the On May 5, 2005, FMCSA published a decision to exempt four individuals information relevant to the application, notice of receipt of diabetes exemption from its rule prohibiting persons with including any safety analyses that have applications from five individuals, and insulin-treated diabetes mellitus (ITDM) been conducted. The agency must also requested comments from the public (70
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52466 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
FR 20721). The five individuals are: The four applicants have driven Discussion of Comments Gerald E. Huelle, Lee R. Kumm, CMVs with their ITDM for careers FMCSA received five comments in Mitchell L. Pullen, Charles E. Wheat, Sr. ranging from 4 to 37 years. While this proceeding. The comments were and Steven R. Zoller. The public possessing a valid commercial driver’s considered and are discussed below. comment period closed on June 6, 2005. license (CDL) or non-CDL to operate a Five comments were received, and fully CMV, they have been authorized to Medical Requirements and considered by FMCSA in reaching the drive in intrastate commerce, even Documentation final decision to grant the exemptions. though their ITDM disqualifies them Two physicians and one professional FMCSA has evaluated the eligibility from driving in interstate commerce. medical society commented on specific criteria of the five applications and Before issuing CDLs, States subject issues relative to medical requirements made a determination that granting the drivers to knowledge and performance for diabetes exemption applicants. exemptions to these individuals would tests designed to evaluate their (1) Dr. Brahman Levy, M.D. achieve a level of safety equivalent to, qualifications to operate a CMV. These commented on the importance of or greater than, the level that would be applicants satisfied testing standards for ascertaining the level of glucose control, achieved by complying with the current their State of residence. In the past 3 such as with glycosylated hemoglobin regulation 49 CFR 391.41(b)(3). One years, one of the drivers has had a (HgbA1c) levels, and asked how co- applicant, Charles E. Wheat, notified conviction for a traffic violation morbid medical conditions, (e.g., FMCSA that he has discontinued use of (speeding), and no crashes were hypertension, obesity) would be insulin and withdrew his application reported. considered in the application evaluation for an exemption. The qualifications, experience, and process. Diabetes Mellitus and Driving medical condition of each applicant FMCSA requires each applicant for a Experience of the Applicants were stated and discussed in detail in diabetes exemption to submit two the May 5, 2005, notice (70 FR 23904). measures of HgbA1c, to confirm the The agency established the current endocrinologist’s report of applicant standard for diabetes in 1970 because Because there were no docket comments on the specific merits or qualifications ability to adequately control blood several risk studies indicated that glucose levels. Each applicant is diabetic drivers had a higher rate of of any applicant, we have not repeated the individual profiles here. required to submit documentation by an crash involvement than the general endocrinologist who has conducted a population. The diabetes rule provides Basis for Exemption Determination complete medical examination. The that: A person is physically qualified to Under 49 U.S.C. 31315 and 31136(e), applicant must also submit drive a commercial motor vehicle if that documentation from an examining person has no established medical FMCSA may grant an exemption from the diabetes standard in 49 CFR physician stating he or she has no other history or clinical diagnosis of diabetes disqualifying conditions, including mellitus currently requiring insulin for 391.41(b)(3) if the exemption is likely to achieve an equivalent or greater level of diabetes-related complications. control (49 CFR 391.41(b)(3)). (2) Dr. Daniel E. Jimenez, M.D. asked safety than would be achieved without FMCSA established its diabetes for detailed medical information about the exemption. The exemption allows exemption program, based on the each of the applicants, and information the applicants to operate CMVs in agency’s July 2000 study entitled ‘‘A about the type of driving performed interstate commerce. Report to Congress on the Feasibility of (e.g., intracity, intrastate, interstate). Dr. a Program to Qualify Individuals with To evaluate the effect of these Jimenez opposes granting exemptions to Insulin-Treated Diabetes Mellitus to exemptions on safety, FMCSA drivers with ITDM in general, because Operate in Interstate Commerce as considered medical reports about the (1) the demands of commercial driving Directed by the Transportation Act for applicants’ ITDM and vision, as well as make it difficult to maintain vigilance the 21st Century.’’ The report concluded driving records and experience with over meal schedules and types of food that a safe and practicable protocol to ITDM. To qualify for an exemption from to eat; (2) these drivers may have allow some insulin-treated diabetic the diabetes standard, FMCSA requires demonstrated non-compliance (with drivers to operate CMVs is feasible. The verifiable evidence that he or she has treatment, health regimen), and (3) September 3, 2003, notice of final driven a commercial vehicle safely with drivers with ITDM are likely to have co- disposition provides the protocol for ITDM for 3 years. morbid conditions. allowing such drivers to operate CMVs The applicants’ intrastate driving FMCSA has examined detailed in interstate commerce. experience and history provide an medical information about each of the These four applicants have had ITDM adequate basis for validating their applicants as specified in the notice of for 4 to 37 years. These applicants ability to drive safely in interstate final disposition announcing FMCSA’s report no more than one hypoglycemic commerce. Consequently, FMCSA finds decision to issue exemptions to certain reaction that resulted in loss of that exempting these applicants from insulin-using diabetic drivers published consciousness or seizure, that required the diabetes standard in 49 CFR September 3, 2003 (68 FR 52441), but the assistance of another person, or 391.41(b)(3) is likely to achieve a level has not included the details in the resulted in impaired cognitive function of safety equal to that existing without notice of applications in accordance without warning symptoms in the past the exemption. The agency is granting with the Health Insurance Portability 5 years (with one year of stability the exemptions for the 2-year period and Accountability Act of 1996 (Pub. L. following any such episode). In each allowed by 49 U.S.C. 31315 and 104–191, also known as HIPAA) (45 case, an endocrinologist has verified the 31136(e) to Gerald E. Huelle, Lee R. CFR 160.102). This is the citation for the driver’s demonstrated willingness to Kumm, Mitchell L. Pullen and Steven R. implementing regulations listed by the properly monitor and manage their Zoller. United States Department of Health and diabetes. These drivers report no other Conditions and Requirements Human Services. The issue of disqualifying conditions, including comorbidity is addressed in previous diabetes-related complications. Each The terms and conditions of the discussion (refer to Levy comments). meets the vision standard at 49 CFR exemption will be provided to the (3) The American College of 391.41(b)(10). applicants in the exemption document. Occupational and Environmental
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52467
Medicine (ACOEM) states that (1) the Labor and Human Resources, included In accordance with 49 U.S.C. 31315 medical documentation of each the following explanation: and 31136(e), each exemption will be applicant should be reviewed by a With respect to covered entities subject to valid for two years unless revoked physician who understands the safety rules promulgated by the Department of earlier by the FMCSA. The exemption risks inherent in commercial operations Transportation regarding physical will be revoked if: (1) The person fails or the criteria for the evaluation should qualifications for drivers of certain to comply with the terms and be included in the summary of each classifications of motor vehicles, it is the conditions of the exemption; (2) the driver’s qualifications published in the Committee’s intent that a person with a exemption has resulted in a lower level Federal Register and (2) additional disability applying for or currently holding a of safety than was maintained before it medical testing and evaluation is job subject to these standards must be able was granted; or (3) continuation of the to satisfy these physical qualification merited (e.g., exercise stress test, cardiac standards in order to be considered a exemption would not be consistent with and renal function assessment). qualified individual with a disability under the goals and objectives of 49 U.S.C. In response to ACOEM’s first Title I of this legislation. S. Rep. 101–116, at 31315 and 31136. If the exemption is comment, the notice of final disposition 27 (1989). still effective at the end of the 2-year published on September 3, 2003 (68 FR period, the person may apply to the Ability To Predict Safety Outcomes 52441), requires each applicant to be FMCSA for a renewal under procedures examined by an endocrinologist who The Advocates for Highway and Auto in effect at that time. performs a complete medical Safety (Advocates) oppose granting FMCSA notes that Section 4129 of examination, including a exemptions to drivers with ITDM. Major SAFETEA–LU requires the agency to comprehensive evaluation of the areas of concern include: (1) Past initiate a rulemaking within 90 days of applicant’s medical history and current driving history is not a predictor for enactment to amend the Federal status, and evaluation by an future safe driving capability, (2) physical qualifications rules for truck ophthalmologist or optometrist. As reliance upon previous three-year and bus drivers to allow individuals indicated previously, all applicant driving record is an inaccurate who use insulin to treat their diabetes health data were not published in screening criterion, and (3) concern is to operate CMVs in interstate commerce. accordance with HIPPA. Close significant about individual driver Therefore, FMCSA will initiate a monitoring of these drivers with ITDM ability to monitor individual blood rulemaking to revise its safety by an endocrinologist and other medical sugar while operating commercial regulations to allow certain insulin- specialists, as well as physical (particularly long-haul) vehicles. treated diabetic drivers to operate CMVs qualification by a medical examiner, are In response to the first two comments, in interstate commerce. required. the agency considers previous driving The new rule would allow health care Americans With Disabilities Act experience to be an appropriate means professionals to make individual for predicting future performance, and determinations about insulin-treated The American Diabetes Association monitors the driving record through the diabetics’ ability to safely operate a expressed concerns about the Commercial Driver’s License CMV in interstate commerce, based on application process for the exemption Information System (CDLIS). CDLIS is a guidelines established by the agency, program. The American Diabetes computer system linked to individual through a public notice-and-comment Association also alleged discrimination databases maintained by the 51 rulemaking process. Upon completion against drivers with ITDM. jurisdictions in the United States. In of the rulemaking required by section FMCSA has developed a plan and response to the third comment, the 4129, diabetic drivers would no longer initiated numerous improvements in the agency relies on the expert medical be required to apply for, or renew application process for exemption opinion of the endocrinologist and the exemptions to operate CMVs in program applicants, including the medical examiner, who are required to interstate commerce. Until the agency initiation of work on web-based analyze individual ability to control and issues a Final Rule, however, insulin- solutions to streamline the application manage the diabetic condition, treated diabetic drivers must continue to process and work on re-evaluating the including the individual ability and apply for exemptions from FMCSA, and eligibility and monitoring criteria. willingness of the driver to monitor request renewals of such exemptions in FMCSA notes that the Safe, blood glucose level on an ongoing basis. a timely manner. Accountable, Flexible, and Efficient Advocates also referred to comments Issued on: August 29, 2005. Transportation Equity Act of 2005: A filed with docket no. FMCSA–2001– Warren E. Hoemann, Legacy for Users (SAFETEA–LU) 9800–121 regarding the establishment of Deputy Administrator. provides specific changes to the driving the Federal diabetes exemption requirement for interstate operators with program. The agency responded to these [FR Doc. 05–17466 Filed 9–1–05; 8:45 am] ITDM. These changes eliminate the comments in its September 3, 2003, BILLING CODE 4910–EX–P three-year CMV driving requirement notice of final determination and significantly reduce the required announcing the establishment of the DEPARTMENT OF TRANSPORTATION time for management of the diabetic Federal diabetes exemption program. condition with insulin treatment. Conclusion Federal Motor Carrier Safety FMCSA’s exemption process supports Administration drivers with ITDM who seek to operate After considering the comments to the in interstate commerce. In addition, the docket and based upon its evaluation of [Docket No. FMCSA–2005–21685] FMCSRs are not contrary to the the four exemption applications, the Americans with Disabilities Act (ADA) FMCSA exempts Gerald E. Huelle, Lee Parts and Accessories Necessary for of 1990. The mandates of the ADA do R. Kumm, Mitchell L. Pullen, and Safe Operation; Application for an not require that FMCSA alter the driver Steven R. Zoller from the diabetes Exemption From PINOVA qualification requirements contained in requirement in 49 CFR 391.41(b)(3), 49 CFR Part 391. The Senate report on subject to the conditions listed under AGENCY: Federal Motor Carrier Safety the ADA, submitted by its Committee on ‘‘Conditions and Requirements’’ above. Administration (FMCSA), DOT.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52468 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
ACTION: Notice of application for received into any of DOT’s dockets by The Application for Exemption exemption; request for comments. the name of the individual submitting PINOVA is the world’s only producer the comment (or of the person signing of refined pale wood rosin, vinsol SUMMARY: The Federal Motor Carrier the comment, if submitted on behalf of Safety Administration (FMCSA) resin, and natural wood turpentine from an association, business, labor union, or long leaf yellow pine and slash pine requests public comment on an other entity). You may review DOT’s application for an exemption received lightered wood/fat wood (lightered complete Privacy Act Statement in the wood). According to PINOVA’s petition, from PINOVA on behalf of 29 motor Federal Register (65 FR 19477, Apr. 11, carriers that transport short lightered ‘‘[l]ightered wood material is formed 2000). This statement is also available at when resin collects over a period of 50 wood logs and stumps from various http://dms.dot.gov. points in North Carolina, South years or more in the trunk and root Carolina, Georgia, Florida, Mississippi, FOR FURTHER INFORMATION CONTACT: Mr. system of mature long leaf yellow pine and Alabama to PINOVA’s plant in Luke W. Loy, Vehicle and Roadside and slash pine trees after the trees have Brunswick, Georgia. PINOVA seeks the Operations Division, Office of Bus and died or been cut.’’ Refined pale wood exemption because it believes Truck Standards and Operations, MC– rosin and Vinsol resin are made from compliance with the commodity- PSV, (202) 366–0676; Federal Motor the resin found in the trunk and root specific rule for securing logs and Carrier Safety Administration, 400 system of the long leaf yellow pine and stumps prevents the company from Seventh Street, SW., Washington, DC the slash pine, which are only found using more efficient and effective cargo 20590–0001. along the southeast coastal plain of the United States. PINOVA contracts with securement methods. PINOVA believes SUPPLEMENTARY INFORMATION: the alternative cargo securement method motor carriers to transport lightered used by its motor carriers would Background wood material from various points in maintain a level of safety that is the southeast coastal plain to its equivalent to, or greater than, the level Section 4007 of the Transportation Brunswick, Georgia, plant. of safety achieved without the Equity Act for the 21st Century (Pub. L. PINOVA applied for an exemption on exemption. 105–178, 112 Stat. 107, June 9, 1998) behalf of the motor carriers that amended 49 U.S.C. 31315 and 31136(e) transport lightered wood because 49 DATES: Comments must be received on to provide authority to grant exemptions or before October 3, 2005. CFR 393.116(a)(3) requires that from motor carrier safety regulations. firewood, stumps, log debris and other ADDRESSES: You may submit comments On December 8, 1998, the Federal such short logs be transported in a identified by DOT DMS Docket Number Highway Administration’s Office of vehicle or container enclosed on all four FMCSA–2005–21685 by any of the Motor Carriers, the predecessor to sides. However, lightered wood logs and following methods: FMCSA, published an interim final rule other lightered wood material, including • Web site: http://dms.dot.gov. implementing section 4007 (63 FR short logs and stumps less than 4 feet in Follow the instructions for submitting 67600). On August 20, 2004, FMCSA length, are typically transported on comments on the DOT electronic docket published a final rule (69 FR 51589) on flatbed logging or stake trucks. This site. this subject. Under this rule, FMCSA • Fax: 1–202–493–2251. means the typical method of securement • must publish a notice of each exemption (i.e. flatbed logging or stake truck) used Mail: Docket Management Facility, request in the Federal Register (49 CFR U.S. Department of Transportation, 400 by PINOVA’s contract carriers is now 315(a)). The agency must provide the prohibited by § 393.116(a)(3). Seventh Street, SW., Nassif Building, public with an opportunity to inspect Room PL–401, Washington, DC 20590– PINOVA requested a class exemption the information relevant to the from 49 CFR 303.226(a)(3) for current 0001. application, including any safety • Hand Delivery: Room PL–401 on and future commercial motor vehicle analyses that have been conducted. The the plaza level of the Nassif Building, owners and drivers who transport agency must also provide an 400 Seventh Street, SW., Washington, lightered wood/fat wood material from opportunity for public comment on the DC, between 9 a.m. and 5 p.m., Monday points in North Carolina, South request. through Friday, except Federal holidays. Carolina, Georgia, Florida, Mississippi, • Federal eRulemaking Portal: Go to The agency reviews the safety and Alabama to its plant in Brunswick, http://www.regulations.gov. Follow the analyses and the public comments, and Georgia. PINOVA requested that these online instructions for submitting determines whether granting the vehicles be allowed to transport short comments. exemption would likely achieve a level lightered wood logs on a flatbed logging Instructions: All submissions must of safety equivalent to, or greater than, or stake truck, provided the material is include the agency name and docket the level that would be achieved by the securely embedded in longer lightered number for this notice. Note that all current regulation (49 CFR 381.305). wood logs which are secured according comments received will be posted The decision of the agency must be to FMCSA’s rules for securing longwood without change to http://dms.dot.gov published in the Federal Register (49 and shortwood logs. including any personal information CFR 381.315(b)). If the agency denies PINOVA believes that granting the provided. Please see the Privacy Act the request, it must state the reason for exemption would not adversely affect heading for further information. doing so. If the decision is to grant the safety. The company argues that the Docket: For access to the docket and exemption, the notice must specify the carriers have safely transported to read background documents or person or class of persons receiving the lightered wood logs and related comments received, go to http:// exemption, and the regulatory provision material, including short logs less than dms.dot.gov and/or Room PL–401 on or provisions from which an exemption 4 feet in length, on flatbed logging and the plaza level of the Nassif Building, is granted. The notice must also specify stake trucks for more than 50 years. The 400 Seventh Street, SW., Washington, the effective period of the exemption company believes the track record DC, between 9 a.m. and 5 p.m., Monday (up to two years), and explain the terms demonstrates that shorter material may through Friday, except Federal holidays. and conditions of the exemption. The be safely transported on vehicles Privacy Act: Anyone may search the exemption may be renewed (49 CFR without walls on all four sides provided electronic form of all comments 381.300(b)). the wood is securely embedded inside
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52469
longer material that is properly secured accordance with NHTSA’s regulations First Brands are not analogous to the with tie downs, as required by FMCSA’s (49 CFR 556.7 and 556.8) and does not facts in DOT Chemical’s situation. In cargo securement regulations. A copy of represent any agency decision or other contrast, DOT Chemical’s the PINOVA application is in the docket exercise of judgment concerning the noncompliance results from ‘‘fiber-like referenced at the beginning of this merits of the appeal. crystals’’ made of borate salts. These notice. Affected are a total of approximately borate salt crystals did not disperse 50,000 containers of DOT 4 brake fluid, under slight agitation or warming, but Request for Comments lot numbers KMF02 and KMF03, had to be physically removed by In accordance with 49 U.S.C. 31315 manufactured in June 2004. FMVSS No. filtration. DOT Chemical asserted that and 31136(e), FMCSA requests public 116 requires that, when tested as ‘‘[f]iltration, using Whatman #40 filter comment from all interested persons on referenced in S5.1.7 ‘‘Fluidity and paper (25–30 micron particle size) PINOVA’s application for an exemption appearance at low temperature,’’ S5.1.9 removed all crystals. The crystals are from 49 CFR 393.116(a)(3). The agency ‘‘Water tolerance,’’ and S5.1.10 approximately 30–50 microns in width will consider all comments received ‘‘Compatibility,’’ the brake fluid shall and 3–5 mm in length.’’ DOT Chemical before the close of business on the show no crystallization or did not explain how it can assure that comment closing date indicated at the sedimentation. The subject brake fluid crystals smaller than 25 microns in beginning of this notice. Comments will shows crystallization and sedimentation width did not remain in the brake fluid. be available for examination in the when tested as referenced in S5.1.7 at In its denial of DOT Chemical’s docket at the location listed under the –40 °F and –58 °F, sedimentation when petition, NHTSA stated that—even address section of this notice. The tested as referenced in S5.1.9 at –40 °F, assuming that all larger-sized crystals agency will file comments received after and crystallization when tested as were removed from the fluid—the the comment closing date in the public referenced in S5.1.10 at –40 °F. agency is concerned that crystals that docket, and will consider them to the DOT Chemical asserted that the are of a size smaller than 25 microns by extent practicable. In addition to late noncompliance is inconsequential to 3–5 mm would remain in the brake comments, the FMCSA will also motor vehicle safety and that no fluid. The thread-like nature of this type continue to file, in the public docket, corrective action is warranted. DOT of crystallization has the potential to relevant information that becomes Chemical stated that there are fiber-like clog brake system components, available after the comment closing crystals in the fluid, which are borate particularly in severe cold operation date. Interested persons should monitor salts, and conditions. Impurities such as these in the public docket for new material. are a natural part (no contamination) of DOT the brake system may cause the system Issued on: August 29, 2005. 4 brake fluid production (just fallen out of to fail, i.e., to lose the ability to stop the solution in some packaged goods) and have vehicle over time due to the Warren E. Hoemann, not demonstrated any flow restrictions even accumulation of compressible material Deputy Administrator. at extended periods of low temperatures at ° in the brake lines. These impurities may [FR Doc. 05–17508 Filed 9–1–05; 8:45 am] minus 40 F. Furthermore, when the fluid is also result in the failure of individual BILLING CODE 4910–EX–P subjected to temperatures in a normal braking system, the crystals go back into brake system components due to the solution in some cases not to reappear at all corrosive nature of the contaminants at ambient temperatures. themselves. DEPARTMENT OF TRANSPORTATION In consideration of the foregoing, NHTSA reviewed the petition and NHTSA decided that the petitioner did National Highway Traffic Safety determined that the noncompliance is not meet its burden of persuasion that Administration not inconsequential to motor vehicle the noncompliance it described is safety. In its denial, NHTSA noted that [Docket No. NHTSA–2005–20858; Notice 3] inconsequential to motor vehicle safety. it granted petitions for determinations of Accordingly, its petition was denied. DOT Chemical, Notice of Appeal of inconsequential noncompliance of In its appeal from NHTSA’s denial, Denial of Petition for Decision of FMVSS No. 116 to Dow Corning DOT Chemical states that ‘‘[t]he words Inconsequential Noncompliance Corporation (59 FR 52582, October 18, and phrases used in the [original] 1994) and to First Brands Corporation petition were not identical to the DOT Chemical has appealed a (59 FR 62776, December 6, 1994). In the descriptions in the previous cases. DOT decision by the National Highway case of Dow, the FMVSS No. 116 Chemical wishes to clear up any Traffic Safety Administration that noncompliance arose from a ‘‘slush-like misunderstandings from the original denied its petition for a determination crystallization’’ that dispersed ‘‘under petition and reword to match the that its noncompliance with Federal slight agitation or warming.’’ NHTSA precedent cases.’’ Motor Vehicle Safety Standard (FMVSS) accepted Dow’s argument that its ‘slush- DOT Chemical provides the following No. 116, ‘‘Motor vehicle brake fluids,’’ like crystallization’’ does not consist of statements in its appeal: is inconsequential to motor vehicle ‘crystals that are either water-based ice, safety. abrasive, or have the potential to clog —Our choice of the word ‘‘crystals’’ can also Notice of receipt of the petition was be described as ‘‘slush-like crystallization’’ brake system components.’’ NHTSA (as in the granted petition in 1994) or a published on April 14, 2005, in the concurred with Dow’s conclusion that ‘‘soft non-abrasive gel,’’ a look at the Federal Register (70 FR 19837). On July ‘‘the crystallization that occurred ought sample is worth a thousand words or even 18, 2005, NHTSA published a notice in not to have an adverse effect upon rubbing the material between the fingers. the Federal Register denying DOT braking.’’ In the case of First Brands, the —Our ‘‘crystals’’ dispersed and/or went Chemical’s petition (70 FR 41254), FMVSS No. 116 noncompliance arose completely into solution ‘‘under slight stating that the petitioner had not met from a ‘‘soft non-abrasive gel’’ that also agitation or warming’’ (as in the granted its burden of persuasion that the petition in 1994). dispersed under slight agitation or —Slight Agitation: In DOT Chemical’s noncompliance is inconsequential to warming. petition the phrase ‘‘DOT Chemical tested motor vehicle safety. NHTSA determined that facts leading the fluid, agitated the material before This notice of receipt of DOT to the grants of the inconsequential testing to insure that the crystals were part Chemical’s appeal is published in noncompliance petitions of Dow and of each test’’ we believe implied that the
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52470 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
material went into solution when agitated. www.regulations.gov. Follow the online SUPPLEMENTARY INFORMATION: Under 49 We simply needed to make sure that the instructions for submitting comments. U.S.C. 30141(a)(1)(A), a motor vehicle test material was not just decanted brake The petition appeal, supporting that was not originally manufactured to fluid without ‘‘crystals.’’ When agitated, materials, and all comments received conform to all applicable Federal motor ‘‘crystals’’ or ‘‘slush-like crystallization’’ vehicle safety standards (FMVSS) shall was not seen. before the close of business on the —Warming: In DOT Chemical’s petition the closing date indicated below will be be refused admission into the United phrase ‘‘when the fluid is subjected to filed and will be considered. All States unless NHTSA has decided that temperatures in a normal braking system, comments and supporting materials the motor vehicle is substantially the crystals go back into solution in some received after the closing date will also similar to a motor vehicle of the same cases not to reappear at all at ambient be filed and will be considered to the model year that was originally temperatures’’ we believe implied the extent possible. When the petition manufactured for importation into and warming scenario mentioned in the appeal is granted or denied, notice of sale in the United States and certified granted petition cases. the decision will be published in the under 49 U.S.C. 30115. Once NHTSA —In the case of the granted petitions stating Federal Register pursuant to the decides that a nonconforming vehicle is that ‘‘its ‘slush-like crystallization’ does eligible for importation, it may be not consist of ‘crystals that are either authority indicated below. water-based ice, abrasive, or have the Comment closing date: October 3, imported by a person who is registered potential to clog brake system 2005. with the agency pursuant to 49 U.S.C. 30141(c). Before releasing the vehicle components’’’ we believe implies the same Authority (49 U.S.C. 30118, 30120: thing as our statements ‘‘There is no delegations of authority at CFR 1.50 and for use on public streets, roads, or contamination in this fluid’’ and ‘‘the 501.8) highways, the registered importer must crystals are a natural part (no certify to NHTSA, pursuant to 49 U.S.C. contamination.’’ Issued on: August 29, 2005. 30146(a), that the vehicle has been —In the case of the granted petitions stating Ronald L. Medford, brought into conformity with all that ‘‘the crystallization that occurred Senior Associate Administrator for Vehicle applicable FMVSS. ought not to have an adverse effect upon Safety. If a vehicle originally manufactured braking’’ we believe is carried to an [FR Doc. 05–17479 Filed 9–1–05; 8:45 am] additional degree by DOT Chemical’s for importation into and sale in the testing of the material at –40 °F through the BILLING CODE 4910–59–P United States is decided to contain a viscometer (with dimensions and drawing defect related to motor vehicle safety, or provided) and stating that the diameter is not to comply with an applicable much smaller than brake system lines. DEPARTMENT OF TRANSPORTATION FMVSS, 49 U.S.C. 30147(a)(1)(A) Specific phrases in DOT Chemical’s appeal provides that the same defect or are ‘‘The crystals presented no problems National Highway Traffic Safety noncompliance is deemed to exist in with obstruction,’’ ‘‘results again showed Administration any nonconforming vehicle that NHTSA no obstruction,’’ and ‘‘have not has decided to be substantially similar demonstrated any flow restrictions even at [Docket No. NHTSA–2005–22236] and for which a registered importer has extended periods of low temperatures at minus 40 °F.’’ Much time was spent on the submitted a certificate of conformity to Annual List of Defect and the agency. Under 49 U.S.C. flow and low temperatures because all tests Noncompliance Decisions Affecting passed except partial test failures 30147(a)(1)(B), the registered importer is concerning sedimentation and low Nonconforming Imported Vehicles deemed to be the nonconforming temperatures. vehicle’s manufacturer for the purpose AGENCY: National Highway Traffic of providing notification of, and a Safety Administration (NHTSA), DOT. Interested persons are invited to remedy for, the defect or submit written data, views, and ACTION: Annual list of defect and noncompliance. arguments on the petition appeal noncompliance decisions affecting To apprise registered importers of the described above. Comments must refer nonconforming vehicles imported by vehicles for which they must conduct a to the docket and notice number cited registered importers. notification and remedy (i.e., ‘‘recall’’) at the beginning of this notice and be campaign, 49 U.S.C. 30147(a)(2) submitted by any of the following SUMMARY: This document contains a list requires NHTSA to publish in the methods. Mail: Docket Management of vehicles recalled by their Federal Register notice of any defect or Facility, U.S. Department of manufacturers during Calendar Year noncompliance decision that is made Transportation, Nassif Building, Room 2004 (January 1, 2004 through December with respect to substantially similar PL–401, 400 Seventh Street, SW., 31, 2004) to correct a safety-related U.S. certified vehicles. Annex A Washington, DC, 20590–0001. Hand defect or a noncompliance with an contains a list of all such decisions that Delivery: Room PL–401 on the plaza applicable Federal motor vehicle safety were made during Calendar Year 2004. level of the Nassif Building, 400 standard (FMVSS). The listed vehicles The list identifies the Recall Number Seventh Street, SW., Washington, DC. It are those that NHTSA has decided are that was assigned to the recall by is requested, but not required, that two substantially similar to vehicles NHTSA after the agency received the copies of the comments be provided. imported into the United States that manufacturer’s notification of the defect The Docket Section is open on were not originally manufactured and or noncompliance under 49 CFR part weekdays from 10 a.m. to 5 p.m. except certified to conform to all applicable 573. After December 31, 2005, NHTSA Federal Holidays. Comments may be FMVSS. The registered importers of will publish a comparable list of all submitted electronically by logging onto those nonconforming vehicles are defect and noncompliance decisions the Docket Management System Web required to provide their owners with affecting nonconforming imported site at http://dms.dot.gov. Click on notification of, and a remedy for, the vehicles that are made during the ‘‘Help’’ to obtain instructions for filing defects or noncompliances for which current calendar year. the document electronically. Comments the listed vehicles were recalled. Under 49 U.S.C. 30120(a), a may be faxed to 1–202–493–2251, or FOR FURTHER INFORMATION CONTACT: manufacturer may remedy a safety- may be submitted to the Federal Coleman Sachs, Office of Vehicle Safety related defect or noncompliance in a eRulemaking Portal: go to http:// Compliance, NHTSA (202–366–3151). motor vehicle by repairing the vehicle,
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52471
replacing the vehicle with an identical defect or noncompliance by repair, and Authority: 49 U.S.C. 30147(a)(2); 49 CFR or reasonably equivalent vehicle, or by not by replacing the vehicle or by 593.8; delegations of authority at 49 CFR 1.50 refunding the purchase price, less a refunding the purchase price. and 501.8. reasonable allowance for depreciation. Claude H. Harris, For each of the vehicles listed, the Director, Office of Vehicle, Safety manufacturer elected to remedy the Compliance.
ANNEX A.—CALENDAR YEAR 2004 RECALLS AFFECTING VEHICLES IMPORTED BY REGISTERED IMPORTERS
NHTSA Make Model Model year recall No.
ACURA ...... 3.2CL ...... 2001 04V176000 ACURA ...... 3.2CL ...... 2002 04V176000 ACURA ...... 3.2CL ...... 2003 04V176000 ACURA ...... 3.2TL ...... 2000 04V176000 ACURA ...... 3.2TL ...... 2001 04V176000 ACURA ...... 3.2TL ...... 2002 04V176000 ACURA ...... 3.2TL ...... 2003 04V176000 ACURA ...... MDX ...... 2001 04V176000 ACURA ...... MDX ...... 2002 04V176000 ACURA ...... TL ...... 1999 03V423000 AUDI ...... A6 ...... 1998 04V133000 AUDI ...... A6 ...... 1999 04V133000 AUDI ...... A6 ...... 2000 04V133000 AUDI ...... A6 ...... 2001 04V133000 BMW ...... X5 ...... 2004 04V409000 BUICK ...... CENTURY ...... 1999 04V375000 BUICK ...... LESABRE ...... 1998 04V090000 BUICK ...... LESABRE ...... 1999 04V090000 BUICK ...... LESABRE ...... 2000 04V090000 BUICK ...... PARK AVENUE ...... 1998 04V090000 BUICK ...... PARK AVENUE ...... 1999 04V090000 BUICK ...... PARK AVENUE ...... 2000 04V090000 BUICK ...... REGAL ...... 1996 03V527000 BUICK ...... REGAL ...... 1997 03V527000 BUICK ...... REGAL ...... 1998 03V527000 BUICK ...... REGAL ...... 1999 04V375000 BUICK ...... RENDEZVOUS ...... 2003 04V150000 BUICK ...... RENDEZVOUS ...... 2004 04V150000 CADILLAC ...... DEVILLE ...... 1995 04V110000 CADILLAC ...... DEVILLE ...... 1996 04V110000 CADILLAC ...... DEVILLE ...... 1997 04V110000 CADILLAC ...... ELDORADO ...... 1995 04V110000 CADILLAC ...... ELDORADO ...... 1997 04V110000 CADILLAC ...... ESCALADE ...... 2003 04V045000 CADILLAC ...... ESCALADE EXT ...... 2002 04V129000 CADILLAC ...... ESCALADE EXT ...... 2003 04V129000 CADILLAC ...... SEVILLE ...... 1995 04V110000 CADILLAC ...... SEVILLE ...... 1996 04V110000 CADILLAC ...... SEVILLE ...... 1997 04V110000 CHEVROLET ...... ASTRO ...... 2003 03V328000 CHEVROLET ...... AVALANCHE ...... 2002 04V129000 CHEVROLET ...... AVALANCHE ...... 2003 04V045000 CHEVROLET ...... AVALANCHE ...... 2003 04V129000 CHEVROLET ...... AVALANCHE ...... 2004 04V129000 CHEVROLET ...... BLAZER ...... 2003 04V132000 CHEVROLET ...... BLAZER ...... 2004 04V132000 CHEVROLET ...... CAVALIER ...... 1998 04V036000 CHEVROLET ...... CAVALIER ...... 1999 04V036000 CHEVROLET ...... CAVALIER ...... 2000 04V036000 CHEVROLET ...... CAVALIER ...... 2001 04V036000 CHEVROLET ...... CORVETTE ...... 1997 04V060000 CHEVROLET ...... CORVETTE ...... 1998 04V060000 CHEVROLET ...... CORVETTE ...... 1999 04V060000 CHEVROLET ...... CORVETTE ...... 2000 04V060000 CHEVROLET ...... CORVETTE ...... 2001 04V060000 CHEVROLET ...... CORVETTE ...... 2002 04V060000 CHEVROLET ...... CORVETTE ...... 2003 04V060000 CHEVROLET ...... EXPRESS ...... 2003 04V225000 CHEVROLET ...... IMPALA ...... 2000 04V090000 CHEVROLET ...... IMPALA ...... 2004 04V287000 CHEVROLET ...... LUMINA ...... 1997 03V527000 CHEVROLET ...... LUMINA ...... 1998 03V527000 CHEVROLET ...... MALIBU ...... 1997 03V527000
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52472 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
ANNEX A.—CALENDAR YEAR 2004 RECALLS AFFECTING VEHICLES IMPORTED BY REGISTERED IMPORTERS—Continued
NHTSA Make Model Model year recall No.
CHEVROLET ...... MALIBU ...... 1998 03V527000 CHEVROLET ...... MALIBU ...... 2000 03V327000 CHEVROLET ...... MALIBU ...... 2001 03V327000 CHEVROLET ...... MONTE CARLO ...... 1997 03V527000 CHEVROLET ...... MONTE CARLO ...... 1998 03V527000 CHEVROLET ...... MONTE CARLO ...... 2000 04V090000 CHEVROLET ...... S–10 ...... 2003 04V132000 CHEVROLET ...... SILVERADO ...... 2000 04V129000 CHEVROLET ...... SILVERADO ...... 2001 04V129000 CHEVROLET ...... SILVERADO ...... 2002 04V129000 CHEVROLET ...... SILVERADO ...... 2003 04V045000 CHEVROLET ...... SILVERADO ...... 2003 04V129000 CHEVROLET ...... SILVERADO ...... 2003 04V225000 CHEVROLET ...... SILVERADO ...... 2004 04V045000 CHEVROLET ...... SILVERADO ...... 2004 04V129000 CHEVROLET ...... SILVERADO ...... 2004 04V225000 CHEVROLET ...... SILVERADO ...... 2005 04V376000 CHEVROLET ...... SUBURBAN ...... 2003 04V045000 CHEVROLET ...... SUBURBAN ...... 2004 04V045000 CHEVROLET ...... TAHOE ...... 2003 04V045000 CHEVROLET ...... TAHOE ...... 2004 04V045000 CHEVROLET ...... TRAILBLAZER ...... 2002 04V046000 CHEVROLET ...... TRAILBLAZER ...... 2002 04V201000 CHEVROLET ...... TRAILBLAZER ...... 2003 04V046000 CHEVROLET ...... TRAILBLAZER EXT ...... 2002 04V046000 CHEVROLET ...... TRAILBLAZER EXT ...... 2003 04V046000 CHEVROLET ...... VENTURE ...... 2004 04V177000 CHRYSLER ...... 300 ...... 2005 04V333000 CHRYSLER ...... 300 ...... 2005 04V334000 CHRYSLER ...... 300 ...... 2005 04V335000 CHRYSLER ...... 300M ...... 1999 04V021000 CHRYSLER ...... CIRRUS ...... 1995 04V021000 CHRYSLER ...... CIRRUS ...... 1996 04V021000 CHRYSLER ...... CIRRUS ...... 1997 04V021000 CHRYSLER ...... CIRRUS ...... 1998 04V021000 CHRYSLER ...... CIRRUS ...... 1999 04V021000 CHRYSLER ...... CONCORDE ...... 1993 04V021000 CHRYSLER ...... CONCORDE ...... 1994 04V021000 CHRYSLER ...... CONCORDE ...... 1995 04V021000 CHRYSLER ...... CONCORDE ...... 1996 04V021000 CHRYSLER ...... CONCORDE ...... 1997 04V021000 CHRYSLER ...... CONCORDE ...... 1998 04V021000 CHRYSLER ...... CONCORDE ...... 1999 04V021000 CHRYSLER ...... LHS ...... 1994 04V021000 CHRYSLER ...... LHS ...... 1995 04V021000 CHRYSLER ...... LHS ...... 1996 04V021000 CHRYSLER ...... LHS ...... 1997 04V021000 CHRYSLER ...... LHS ...... 1998 04V021000 CHRYSLER ...... LHS ...... 1999 04V021000 CHRYSLER ...... PT CRUISER ...... 2001 04V268000 CHRYSLER ...... PT CRUISER ...... 2002 04V268000 CHRYSLER ...... PT CRUISER ...... 2003 04V268000 CHRYSLER ...... PT CRUISER ...... 2005 04V268000 CHRYSLER ...... SEBRING ...... 2004 04V313000 CHRYSLER ...... SEBRING ...... 2004 04V336000 CHRYSLER ...... TOWN AND COUNTRY ...... 1998 04V480000 CHRYSLER ...... TOWN AND COUNTRY ...... 1999 04V480000 CHRYSLER ...... TOWN AND COUNTRY ...... 2000 04V480000 DODGE ...... CARAVAN ...... 1998 04V480000 DODGE ...... CARAVAN ...... 1999 04V480000 DODGE ...... CARAVAN ...... 2000 03V505000 DODGE ...... CARAVAN ...... 2000 04V480000 DODGE ...... CARAVAN ...... 2002 04V386000 DODGE ...... CARAVAN ...... 2003 04V386000 DODGE ...... CARAVAN ...... 2004 04V386000 DODGE ...... DAKOTA ...... 2000 04V596000 DODGE ...... DAKOTA ...... 2001 03V505000 DODGE ...... DAKOTA ...... 2001 04V596000 DODGE ...... DAKOTA ...... 2002 03V505000 DODGE ...... DAKOTA ...... 2002 04V216000 DODGE ...... DAKOTA ...... 2002 04V596000
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52473
ANNEX A.—CALENDAR YEAR 2004 RECALLS AFFECTING VEHICLES IMPORTED BY REGISTERED IMPORTERS—Continued
NHTSA Make Model Model year recall No.
DODGE ...... DAKOTA ...... 2003 04V216000 DODGE ...... DAKOTA ...... 2003 04V596000 DODGE ...... DAKOTA ...... 2004 04V216000 DODGE ...... DURANGO ...... 2000 04V596000 DODGE ...... DURANGO ...... 2001 04V596000 DODGE ...... DURANGO ...... 2002 04V216000 DODGE ...... DURANGO ...... 2002 04V596000 DODGE ...... DURANGO ...... 2003 04V216000 DODGE ...... DURANGO ...... 2003 04V596000 DODGE ...... GRAND CARAVAN ...... 1998 04V480000 DODGE ...... GRAND CARAVAN ...... 1999 04V480000 DODGE ...... GRAND CARAVAN ...... 2000 03V505000 DODGE ...... GRAND CARAVAN ...... 2000 04V480000 DODGE ...... GRAND CARAVAN ...... 2002 04V386000 DODGE ...... GRAND CARAVAN ...... 2003 04V386000 DODGE ...... GRAND CARAVAN ...... 2004 04V386000 DODGE ...... INTREPID ...... 1993 04V021000 DODGE ...... INTREPID ...... 1994 04V021000 DODGE ...... INTREPID ...... 1995 04V021000 DODGE ...... INTREPID ...... 1996 04V021000 DODGE ...... INTREPID ...... 1997 04V021000 DODGE ...... INTREPID ...... 1998 04V021000 DODGE ...... INTREPID ...... 1999 04V021000 DODGE ...... RAM ...... 1998 04V185000 DODGE ...... RAM ...... 1999 04V185000 DODGE ...... RAM ...... 2000 04V185000 DODGE ...... RAM ...... 2001 04V185000 DODGE ...... RAM ...... 2002 04V185000 DODGE ...... RAM ...... 2003 04V185000 DODGE ...... RAM ...... 2004 04V385000 DODGE ...... RAM 2500 ...... 2004 04V221000 DODGE ...... STRATUS ...... 1995 04V021000 DODGE ...... STRATUS ...... 1996 04V021000 DODGE ...... STRATUS ...... 1997 04V021000 DODGE ...... STRATUS ...... 1998 04V021000 DODGE ...... STRATUS ...... 1999 04V021000 EAGLE ...... VISION ...... 1993 04V021000 EAGLE ...... VISION ...... 1994 04V021000 EAGLE ...... VISION ...... 1995 04V021000 EAGLE ...... VISION ...... 1996 04V021000 EAGLE ...... VISION ...... 1997 04V021000 FORD ...... CROWN VICTORIA ...... 2003 04V328000 FORD ...... E150 ...... 2003 04V444000 FORD ...... E150 ...... 2003 04V445000 FORD ...... E250 ...... 2003 04V444000 FORD ...... E250 ...... 2003 04V445000 FORD ...... E350 ...... 2003 04V444000 FORD ...... E350 ...... 2003 04V445000 FORD ...... E350 ...... 2004 04V444000 FORD ...... E350 ...... 2004 04V445000 FORD ...... E450 ...... 2003 04V444000 FORD ...... E450 ...... 2003 04V445000 FORD ...... E450 ...... 2004 04V445000 FORD ...... E550 ...... 2003 04V444000 FORD ...... E550 ...... 2003 04V445000 FORD ...... ESCAPE ...... 2001 03V507000 FORD ...... ESCAPE ...... 2001 04V165000 FORD ...... ESCAPE ...... 2002 04V165000 FORD ...... ESCAPE ...... 2003 04V165000 FORD ...... EXCURSION ...... 2003 04V327000 FORD ...... EXPLORER ...... 2002 04V442000 FORD ...... EXPLORER ...... 2003 04V442000 FORD ...... F150 ...... 2004 04V200000 FORD ...... F150 ...... 2004 04V443000 FORD ...... F250 ...... 2003 04V327000 FORD ...... F250 ...... 2004 04V229000 FORD ...... F350 ...... 2003 04V327000 FORD ...... F350 ...... 2004 04V229000 FORD ...... FOCUS ...... 2000 03V482000 FORD ...... FOCUS ...... 2001 03V482000 FORD ...... FREESTAR ...... 2004 04V446000
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52474 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
ANNEX A.—CALENDAR YEAR 2004 RECALLS AFFECTING VEHICLES IMPORTED BY REGISTERED IMPORTERS—Continued
NHTSA Make Model Model year recall No.
FORD ...... RANGER ...... 2004 04V331000 FORD ...... TAURUS ...... 1999 04V332000 FORD ...... TAURUS ...... 2000 04V106000 FORD ...... TAURUS ...... 2000 04V332000 FORD ...... TAURUS ...... 2001 04V106000 FORD ...... TAURUS ...... 2001 04V332000 FORD ...... TAURUS ...... 2002 04V106000 FORD ...... TAURUS ...... 2003 04V105000 FORD ...... TAURUS ...... 2003 04V106000 FORD ...... TAURUS ...... 2004 04V330000 GMC ...... ENVOY ...... 2002 04V046000 GMC ...... ENVOY ...... 2002 04V201000 GMC ...... ENVOY ...... 2002 04V289000 GMC ...... ENVOY ...... 2003 04V046000 GMC ...... ENVOY XL ...... 2002 04V046000 GMC ...... ENVOY XL ...... 2003 04V046000 GMC ...... SAFARI ...... 2003 03V328000 GMC ...... SAVANA ...... 2003 04V045000 GMC ...... SAVANA ...... 2003 04V225000 GMC ...... SIERRA ...... 2000 04V129000 GMC ...... SIERRA ...... 2001 04V129000 GMC ...... SIERRA ...... 2002 04V129000 GMC ...... SIERRA ...... 2003 04V045000 GMC ...... SIERRA ...... 2003 04V129000 GMC ...... SIERRA ...... 2003 04V225000 GMC ...... SIERRA ...... 2004 04V045000 GMC ...... SIERRA ...... 2004 04V129000 GMC ...... SIERRA ...... 2004 04V225000 GMC ...... SONOMA ...... 2003 04V132000 GMC ...... YUKON ...... 2003 04V045000 GMC ...... YUKON ...... 2004 04V045000 GMC ...... YUKON XL ...... 2003 04V045000 HARLEY DAVIDSON ...... FLHRCI ...... 2003 04V218000 HARLEY DAVIDSON ...... FXD ...... 2003 04V218000 HARLEY DAVIDSON ...... XL883 ...... 2003 04V218000 HONDA ...... ACCORD ...... 1998 03V423000 HONDA ...... ACCORD ...... 1999 03V423000 HONDA ...... ACCORD ...... 2000 04V256000 HONDA ...... ACCORD ...... 2001 04V256000 HONDA ...... ACCORD ...... 2003 04V176000 HONDA ...... ACCORD ...... 2004 04V176000 HONDA ...... CIVIC ...... 2001 04V086000 HONDA ...... CIVIC ...... 2002 04V086000 HONDA ...... CR–V ...... 2002 04V255000 HONDA ...... CR–V ...... 2003 04V255000 HONDA ...... INSIGHT ...... 2000 04V086000 HONDA ...... INSIGHT ...... 2001 04V086000 HONDA ...... ODYSSEY ...... 1999 03V423000 HONDA ...... ODYSSEY ...... 2002 04V176000 HONDA ...... ODYSSEY ...... 2003 04V176000 HONDA ...... ODYSSEY ...... 2004 04V176000 HONDA ...... PILOT ...... 2003 04V176000 HONDA ...... S2000 ...... 2000 04V257000 HUMMER ...... H2 ...... 2003 04V045000 HYUNDAI ...... ELANTRA ...... 2001 03V496000 HYUNDAI ...... ELANTRA ...... 2002 03V496000 HYUNDAI ...... ELANTRA ...... 2002 04V178000 HYUNDAI ...... ELANTRA ...... 2003 03V496000 HYUNDAI ...... ELANTRA ...... 2003 04V178000 HYUNDAI ...... ELANTRA ...... 2004 04V208000 HYUNDAI ...... SANTA FE ...... 2001 03V520000 HYUNDAI ...... SANTA FE ...... 2002 03V520000 HYUNDAI ...... SANTA FE ...... 2003 03V520000 HYUNDAI ...... SANTA FE ...... 2003 04V131000 HYUNDAI ...... SANTA FE ...... 2004 03V520000 HYUNDAI ...... SANTA FE ...... 2004 04V131000 HYUNDAI ...... SONATA ...... 2002 04V178000 HYUNDAI ...... TIBURON ...... 2002 03V496000 HYUNDAI ...... TIBURON ...... 2002 04V178000 HYUNDAI ...... TIBURON ...... 2003 03V496000 HYUNDAI ...... TIBURON ...... 2003 04V178000
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52475
ANNEX A.—CALENDAR YEAR 2004 RECALLS AFFECTING VEHICLES IMPORTED BY REGISTERED IMPORTERS—Continued
NHTSA Make Model Model year recall No.
INTERNATIONAL ...... 4300 ...... 2002 03V062000 INTERNATIONAL ...... 4300 ...... 2005 04V508000 INTERNATIONAL ...... 4700 ...... 1999 04V269000 INTERNATIONAL ...... 4700 ...... 2000 04V269000 INTERNATIONAL ...... 4700 ...... 2001 04V269000 INTERNATIONAL ...... 4900 ...... 1999 04V269000 INTERNATIONAL ...... 4900 ...... 2000 04V269000 INTERNATIONAL ...... 4900 ...... 2001 04V269000 INTERNATIONAL ...... 4900 ...... 2002 04V269000 INTERNATIONAL ...... 7400 ...... 2002 04V144000 INTERNATIONAL ...... 7400 ...... 2002 04V306000 INTERNATIONAL ...... 7400 ...... 2003 04V144000 INTERNATIONAL ...... 7400 ...... 2003 04V306000 INTERNATIONAL ...... 7500 ...... 2002 04V144000 INTERNATIONAL ...... 7500 ...... 2002 04V306000 INTERNATIONAL ...... 7500 ...... 2003 04V144000 INTERNATIONAL ...... 7500 ...... 2003 04V306000 INTERNATIONAL ...... 7600 ...... 2003 04V306000 INTERNATIONAL ...... 7600 ...... 2004 04V306000 INTERNATIONAL ...... 9100 ...... 1997 04V100000 INTERNATIONAL ...... 9100 ...... 1998 04V100000 INTERNATIONAL ...... 9100 ...... 1999 04V100000 INTERNATIONAL ...... 9100 ...... 2000 04V100000 INTERNATIONAL ...... 9100 ...... 2001 04V100000 INTERNATIONAL ...... 9200 ...... 1995 04V100000 INTERNATIONAL ...... 9200 ...... 1996 04V100000 INTERNATIONAL ...... 9200 ...... 1997 04V100000 INTERNATIONAL ...... 9200 ...... 1998 04V100000 INTERNATIONAL ...... 9200 ...... 1999 04V100000 INTERNATIONAL ...... 9200 ...... 2000 04V100000 INTERNATIONAL ...... 9200I ...... 2000 04V100000 INTERNATIONAL ...... 9300 ...... 1995 04V100000 INTERNATIONAL ...... 9300 ...... 1996 04V100000 INTERNATIONAL ...... 9300 ...... 1997 04V100000 INTERNATIONAL ...... 9300 ...... 1998 04V100000 INTERNATIONAL ...... 9300 ...... 1999 04V100000 INTERNATIONAL ...... 9400 ...... 1995 04V100000 INTERNATIONAL ...... 9400 ...... 1996 04V100000 INTERNATIONAL ...... 9400 ...... 1997 04V100000 INTERNATIONAL ...... 9400 ...... 1998 04V100000 INTERNATIONAL ...... 9400 ...... 1999 04V100000 INTERNATIONAL ...... 9400 ...... 2000 04V100000 INTERNATIONAL ...... 9400 ...... 2001 04V100000 INTERNATIONAL ...... 9900 ...... 1999 04V100000 INTERNATIONAL ...... 9900 ...... 2000 04V100000 INTERNATIONAL ...... 9900 ...... 2001 04V100000 INTERNATIONAL ...... 9900 ...... 2002 04V100000 INTERNATIONAL ...... 9900I ...... 2000 04V100000 ISUZU ...... TROOPER ...... 1992 04V199000 ISUZU ...... TROOPER ...... 1993 04V199000 ISUZU ...... TROOPER ...... 1994 04V199000 ISUZU ...... TROOPER ...... 1995 04V199000 JAGUAR ...... S-TYPE ...... 2003 04V024000 JAGUAR ...... S-TYPE ...... 2003 04V488000 JEEP ...... GRAND CHEROKEE ...... 2004 04V048000 JEEP ...... GRAND CHEROKEE ...... 2004 04V112000 KENWORTH ...... T300 ...... 2003 04V169000 KENWORTH ...... T600 ...... 2004 04V174000 KENWORTH ...... T600 ...... 2004 04V356000 KENWORTH ...... T600 ...... 2004 04V360000 KENWORTH ...... T800 ...... 2004 04V174000 KENWORTH ...... T800 ...... 2004 04V356000 KENWORTH ...... T800 ...... 2004 04V360000 KIA ...... RIO ...... 2001 04V179000 KIA ...... RIO ...... 2002 04V179000 KIA ...... SEPHIA ...... 2000 04V305000 KIA ...... SPORTAGE ...... 1999 04V305000 KIA ...... SPORTAGE ...... 2000 04V305000 LAND ROVER ...... DISCOVERY II ...... 1999 04V005000 LAND ROVER ...... DISCOVERY II ...... 2000 04V005000 LAND ROVER ...... DISCOVERY II ...... 2000 04V006000
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52476 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
ANNEX A.—CALENDAR YEAR 2004 RECALLS AFFECTING VEHICLES IMPORTED BY REGISTERED IMPORTERS—Continued
NHTSA Make Model Model year recall No.
LINCOLN ...... TOWN CAR ...... 2003 04V328000 MAZDA ...... MPV ...... 2001 04V234000 MAZDA ...... TRIBUTE ...... 2001 03V515000 MAZDA ...... TRIBUTE ...... 2001 04V175000 MAZDA ...... TRIBUTE ...... 2002 04V175000 MERCURY ...... COUGAR ...... 1999 04V421000 MERCURY ...... COUGAR ...... 2000 04V421000 MERCURY ...... COUGAR ...... 2001 04V421000 MERCURY ...... COUGAR ...... 2002 04V421000 MERCURY ...... SABLE ...... 1999 04V332000 MINI ...... COOPER S ...... 2004 04V348000 MITSUBISHI ...... MONTERO ...... 2002 04V319000 MITSUBISHI ...... MONTERO ...... 2003 04V319000 NISSAN ...... FRONTIER ...... 1999 04V230000 NISSAN ...... FRONTIER ...... 2000 04V230000 NISSAN ...... FRONTIER ...... 2001 04V230000 NISSAN ...... FRONTIER ...... 2002 04V230000 NISSAN ...... MAXIMA ...... 2004 04V326000 NISSAN ...... XTERRA ...... 2000 04V230000 NISSAN ...... XTERRA ...... 2001 04V230000 NISSAN ...... XTERRA ...... 2002 04V230000 NISSAN ...... XTERRA ...... 2003 04V230000 OLDSMOBILE ...... 88 ...... 1998 04V090000 OLDSMOBILE ...... ALERO ...... 2000 03V327000 OLDSMOBILE ...... ALERO ...... 2001 03V327000 OLDSMOBILE ...... AURORA ...... 1995 04V110000 OLDSMOBILE ...... AURORA ...... 1996 04V110000 OLDSMOBILE ...... AURORA ...... 1997 04V110000 OLDSMOBILE ...... BRAVADA ...... 2002 04V046000 OLDSMOBILE ...... BRAVADA ...... 2002 04V201000 OLDSMOBILE ...... BRAVADA ...... 2002 04V289000 OLDSMOBILE ...... BRAVADA ...... 2003 04V046000 OLDSMOBILE ...... CUTLASS ...... 1997 03V527000 OLDSMOBILE ...... CUTLASS SUPREME ...... 1996 03V527000 OLDSMOBILE ...... CUTLASS SUPREME ...... 1997 03V527000 OLDSMOBILE ...... INTRIGUE ...... 1998 03V527000 PLYMOUTH ...... BREEZE ...... 1996 04V021000 PLYMOUTH ...... BREEZE ...... 1997 04V021000 PLYMOUTH ...... BREEZE ...... 1998 04V021000 PLYMOUTH ...... BREEZE ...... 1999 04V021000 PLYMOUTH ...... GRAND VOYAGER ...... 1998 04V480000 PLYMOUTH ...... GRAND VOYAGER ...... 1999 04V480000 PLYMOUTH ...... GRAND VOYAGER ...... 2000 04V480000 PLYMOUTH ...... VOYAGER ...... 1998 04V480000 PLYMOUTH ...... VOYAGER ...... 1999 04V480000 PLYMOUTH ...... VOYAGER ...... 2000 04V480000 PONTIAC ...... BONNEVILLE ...... 1998 04V090000 PONTIAC ...... BONNEVILLE ...... 1999 04V090000 PONTIAC ...... BONNEVILLE ...... 2000 04V090000 PONTIAC ...... GRAND AM ...... 1998 04V036000 PONTIAC ...... GRAND AM ...... 2000 03V327000 PONTIAC ...... GRAND AM ...... 2001 03V327000 PONTIAC ...... GRAND AM ...... 2004 04V301000 PONTIAC ...... GRAND PRIX ...... 1996 03V527000 PONTIAC ...... GRAND PRIX ...... 2004 04V287000 PONTIAC ...... GRAND PRIX ...... 2004 04V299000 PONTIAC ...... MONTANA ...... 2004 04V177000 PONTIAC ...... SUNFIRE ...... 1998 04V036000 PONTIAC ...... SUNFIRE ...... 1999 04V036000 PONTIAC ...... SUNFIRE ...... 2000 04V036000 PONTIAC ...... SUNFIRE ...... 2001 04V036000 PONTIAC ...... SUNFIRE ...... 2004 04V300000 PORSCHE ...... CAYENNE S ...... 2003 04V069000 SUBARU ...... IMPREZA ...... 2002 04V128000 SUBARU ...... IMPREZA ...... 2002 04V342000 SUBARU ...... IMPREZA ...... 2003 04V128000 SUBARU ...... IMPREZA ...... 2003 04V342000 SUBARU ...... LEGACY ...... 2001 04V128000 SUBARU ...... LEGACY ...... 2002 04V128000 SUBARU ...... OUTBACK ...... 2001 04V128000 SUBARU ...... OUTBACK ...... 2002 04V128000
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52477
ANNEX A.—CALENDAR YEAR 2004 RECALLS AFFECTING VEHICLES IMPORTED BY REGISTERED IMPORTERS—Continued
NHTSA Make Model Model year recall No.
SUBARU ...... OUTBACK ...... 2003 04V128000 SUZUKI ...... GRAND VITARA ...... 1999 03V512000 SUZUKI ...... GRAND VITARA ...... 1999 04V427000 SUZUKI ...... GRAND VITARA ...... 2000 03V512000 SUZUKI ...... GRAND VITARA ...... 2000 04V427000 SUZUKI ...... GRAND VITARA ...... 2002 03V512000 SUZUKI ...... GRAND VITARA ...... 2002 04V427000 SUZUKI ...... VZ800 ...... 2003 04V350000 TOYOTA ...... CAMRY ...... 2002 04V346000 TOYOTA ...... CAMRY ...... 2003 04V346000 TOYOTA ...... CAMRY ...... 2004 04V346000 TOYOTA ...... HIGHLANDER ...... 2001 04V181000 TOYOTA ...... HIGHLANDER ...... 2002 04V181000 TOYOTA ...... HIGHLANDER ...... 2003 04V181000 TOYOTA ...... HIGHLANDER ...... 2004 04V181000 TRIUMPH ...... SPEED TRIPLE ...... 2001 04V156000 TRIUMPH ...... TT600 ...... 2000 04V156000 VOLKSWAGEN ...... JETTA ...... 1999 04V096000 VOLKSWAGEN ...... JETTA ...... 2000 04V096000 VOLKSWAGEN ...... JETTA ...... 2001 04V096000 VOLKSWAGEN ...... JETTA ...... 2002 04V096000 WESTERN STAR ...... 4900SA ...... 2004 04V120000
[FR Doc. 05–17465 Filed 9–1–05; 8:45 am] (EVWR); and the Sub-No. 2 related filing 1180.2(d)(2) to permit P&L to continue BILLING CODE 4910–59–P filed August 3, 2005, by Four Rivers in control of EVWR, and to permit FRTI Transportation, Inc. (FRTI) and P&L. to continue in control of P&L and The primary application seeks Board EVWR, when EVWR becomes a rail DEPARTMENT OF TRANSPORTATION approval under 49 U.S.C. 11321–26 for carrier upon acquisition of the Line. P&L’s acquisition of an approximately The Board finds that the P&L Surface Transportation Board 124.5-mile CSXT line (the Evansville- Transaction is a ‘‘minor transaction’’ [STB Finance Docket No. 34738] Okawville Line or the Line) running under 49 CFR 1180.2(c), and the Board between Evansville, IN (milepost OOH– adopts a procedural schedule for Paducah & Louisville Railway, Inc.— 324.0), and Okawville, IL (milepost consideration of the primary application Acquisition—CSX Transportation, Inc. OOH–445.7), including the 2.8-mile Mt. and the related filings, under which the Vernon Branch (at Mt. Vernon, IN, AGENCY: Surface Transportation Board, Board’s final decision would be issued between milepost OZJ–300 and milepost on December 12, 2005. DOT. OZJ–302.8). The proposal is for P&L to ACTION: Decision No. 2 in STB Finance DATES: The effective date of this purchase the track, ties, switches, and decision is September 2, 2005. Any Docket No. 34738; Notice of Acceptance other track material (the improvements) of Primary Application and Related person who wishes to participate in this and to lease for 20 years (with a 5-year proceeding as a party of record (POR) Filings; Issuance of Procedural extension available) the real property. 1 must file, no later than September 12, Schedule. This proposal is referred to as the P&L 2 2005, a notice of intent to participate. SUMMARY: The Surface Transportation Transaction, and FRTI/P&L/EVWR and All comments, protests, requests for Board (Board) is accepting for CSXT are referred to collectively as conditions, and any other evidence and consideration: the primary application applicants. argument in opposition to the primary The related filings seek authority for filed August 3, 2005, by Paducah & application or either of the related P&L to immediately transfer the Louisville Railway, Inc. (P&L) and CSX filings, including filings by the U.S. improvements and assign its lease of the Transportation, Inc. (CSXT); the Sub- Department of Justice (DOJ) and the U.S. real property to its newly created No. 1 related filing filed August 3, 2005, Department of Transportation (DOT), wholly owned subsidiary, EVWR. This by Evansville Western Railway, Inc. must be filed by October 12, 2005. proposal is referred to as the EVWR Responses to comments, protests, 1 Transaction, and the P&L Transaction This decision covers: the application filed in requests for conditions, and other STB Finance Docket No. 34738, Paducah & and the EVWR Transaction are referred opposition, and rebuttal in support of Louisville Railway, Inc.—Acquisition—CSX to collectively as the P&L/EVWR Transportation, Inc.; the exemption notice filed in the primary application or either of the Transaction. The Sub-No. 1 filing seeks STB Finance Docket No. 34738 (Sub-No. 1), related filings must be filed by October an exemption under 49 U.S.C. 10502 Evansville Western Railway, Inc.—Acquisition and 27, 2005. If a public hearing or oral Operation Exemption—Paducah & Louisville and 49 CFR 1150.31 to permit EVWR to argument is held, it will be held the Railway, Inc.; and the exemption notice filed in purchase the improvements, take STB Finance Docket No. 34738 (Sub-No. 2), Four week of November 14, 2005. The Board assignment of the lease of the real Rivers Transportation, Inc. And Paducah & will issue its final decision on December Louisville Railway, Inc.—Continuance in Control property, and operate the Line. The Sub- 12, 2005. For further information Exemption—Evansville Western Railway, Inc. The No. 2 filing seeks an exemption under respecting dates, see Appendix A application filed in STB Finance Docket No. 34738 49 U.S.C. 10502 and 49 CFR is referred to as the ‘‘primary application.’’ The (Procedural Schedule). exemption notices filed in STB Finance Docket No. 34738 (Sub-Nos. 1 and 2) are referred to collectively 2 EVWR is a wholly owned subsidiary of P&L, ADDRESSES: Any filing submitted in this as the ‘‘related filings.’’ which is itself a wholly owned subsidiary of FRTI. proceeding must be submitted either via
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52478 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
the Board’s e-filing format or in the FRTI is a noncarrier holding been operated by CSXT as its St. Louis traditional paper format. Any person company. Subdivision. Points located on the Line using e-filing should comply with the P&L, a wholly owned subsidiary of (going from east to west) include instructions found on the Board’s Web FRTI, is a Class II railroad that operates Evansville, Mt. Vernon, and Upton (in site at http://www.stb.dot.gov at the ‘‘E- entirely in Kentucky over an Indiana) and Epworth, Carmi, Trumbull, FILING’’ link. Any person submitting a approximately 262-mile line that Enfield, Inland, McLeansboro, Delafield, filing in the traditional paper format extends between Louisville and Opdyke, Mt. Vernon, Woodlawn, should send an original and 10 paper Clayburn. P&L has been operating since Ashley, Nashville, Addieville, and copies of the filing (and also an IBM- 1986 and has built its traffic base from Okawville (in Illinois).5 The Line runs compatible floppy disk with any textual about 77,000 carloads in its first full parallel to rail lines of CSXT and NS to submission in any version of either year of operation (1987) to a high of the north, and the various points located Microsoft Word or WordPerfect) to: 216,000 carloads in its best year. In on the Line are within the regions Surface Transportation Board, 1925 K addition to originating and terminating served by the Ohio, Wabash, and/or Street, NW., Washington, DC 20423– local traffic on its line, P&L Mississippi Rivers. The various points 0001. In addition, one copy of each interchanges: with CSXT, Norfolk located on the Line are also served by filing in this proceeding must be sent Southern Railway Company (NS), an extensive highway network, which (and may be sent by e-mail only if Louisville and Indiana Railroad includes Interstate Highway 64 (which service by e-mail is acceptable to the Company (L&I), and Canadian Pacific runs parallel to the Line in an east-west recipient) to each of the following: (1) Railway Company (CP) at Louisville; direction) and Interstate Highway 57 Secretary of the United States with CSXT at Central City and (which crosses the Line in a north-south Department of Transportation, 400 Madisonville; and with Canadian direction). Seventh Street, SW., Washington, DC National Railway Company (CN) and Interchange on the Line currently 20590; (2) Attorney General of the BNSF Railway Company (BNSF) at occurs at Woodlawn, IL, with BNSF, United States, c/o Assistant Attorney Paducah. P&L employs 223 persons, and at Mt. Vernon, IL, with Union General, Antitrust Division, Room 3109, including 45 management or salaried Pacific Railroad Company (UP). CSXT Department of Justice, Washington, DC employees and 178 craft employees and EVWR would conduct interchange 4 20530; (3) William A. Mullins represented by either 7 or 8 unions. at the east end of the Line and in CSXT’s (representing FRTI, P&L, and EVWR), P&L owns 41 locomotives and it owns Howell Yard, both in Evansville, IN. Baker & Miller PLLC, 2401 Pennsylvania and/or leases 1,155 revenue service cars, P&L states that CSXT, BNSF, and UP Avenue, NW., Suite 300, Washington, 23 non-revenue cars, and 25 pieces of would provide interchange with EVWR DC 20037; (4) Louis E. Gitomer self-propelled maintenance-of-way and would maintain competitive routes (representing CSXT), Ball Janik LLP, (MOW) equipment. and rates over connections with EVWR. EVWR, a wholly owned subsidiary of 1455 F Street, NW., Suite 225, Operation of The Line by EVWR. P&L P&L, is a noncarrier. The proposals Washington, DC 20005; and (5) any states: that EVWR would assume the contemplate that EVWR would become other person designated as a POR on the common carrier obligation respecting a Class III railroad once the Line is service list notice (as explained below, the Line, and would operate the Line as acquired by P&L and is transferred to the service list notice will be issued as an independent rail carrier affiliated EVWR. P&L advises that its reasons for soon after September 12, 2005, as with P&L; that EVWR expects to hire 3 proposing to have the Line transferred practicable). management and 19 non-management to and operated by EVWR are both to employees (5 locomotive engineers, 5 FOR FURTHER INFORMATION CONTACT: Julia permit P&L to retain certain substantial trainmen, 5 MOW employees, 2 signal M. Farr, (202) 565–1655. [Assistance for tax advantages available to it as a and communication employees, and 2 the hearing impaired is available Kentucky railroad that P&L would lose mechanical employees); that EVWR through the Federal Information Relay if it were to operate a railroad outside would commence operations with Service (FIRS) at 1–800–877–8339.] of Kentucky and to protect P&L from approximately 7 locomotives leased potential liabilities and risks associated SUPPLEMENTARY INFORMATION: from P&L and would lease additional CSXT, a with operating a railroad outside of 3 locomotives from P&L or third parties as Class I railroad, owns and operates Kentucky. P&L states that EVWR would about 23,000 miles of railroad in the business dictates; that EVWR would have its own employees, its own acquire or lease from P&L and third United States (in Alabama, Connecticut, management, and its own financial the District of Columbia, Delaware, parties the MOW equipment necessary arrangements, and that EVWR would to operate and maintain the Line; and Florida, Georgia, Illinois, Indiana, publish tariffs, interline, and otherwise Kentucky, Louisiana, Massachusetts, that, for its car supply, EVWR would operate as a railroad independent of use the existing (largely privately Maryland, Michigan, Mississippi, P&L. P&L notes, however, that EVWR Missouri, New Jersey, New York, North owned) cars on the Line, would use and P&L would share a common CSXT-supplied equipment as necessary, Carolina, Ohio, Pennsylvania, South management until such time as EVWR Carolina, Tennessee, Virginia, and West and would lease additional car supply could hire its own management team. from third parties as business dictates. Virginia) and in Canada (in Ontario and And, P&L adds, EVWR and P&L would Quebec). P&L asserts that, although EVWR also enter into a contract whereby P&L would be a noncarrier subsidiary, it has would provide management oversight not been created to avoid P&L’s 3 The Board’s regulations divide railroads into and certain administrative services to three classes based on annual carrier operating collective bargaining agreements or to revenues. Class I railroads are those with annual EVWR. avoid union operations over the Line. carrier operating revenues of $250 million or more The Evansville-Okawville Line. The Rather, P&L explains: that EVWR (in 1991 dollars); Class II railroads are those with 124.5-mile east-west Evansville- intends to become a fully unionized annual carrier operating revenues of more than $20 Okawville Line that would be acquired million but less than $250 million (in 1991 dollars); and Class III railroads are those with annual carrier by P&L and transferred to EVWR has 5 5 Two points located on the Line are called ‘‘Mt. operating revenues of $20 million or less (in 1991 Vernon,’’ one in Indiana and the other in Illinois. dollars). See 49 CFR Part 1201, General Instruction 4 Compare PLRY–1 at 9 (7 unions) with PLRY–1 The 2.8-mile Mt. Vernon Branch is located at Mt. 1–1(a). at 10 (8 unions). Vernon, IN.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52479
carrier, and P&L and EVWR intend to Discontinuances/Abandonments. P&L volumes, EVWR expects to earn gross enter into any necessary implementing states that EVWR does not anticipate revenues of about $12,500,000 in its first agreements required to accomplish that discontinuing service over or year of operation. purpose; that EVWR expects to have any abandoning any portion of the Line. Time Schedule For Consummation. If employees hired to operate and Public Interest Considerations. the Board approves the P&L/EVWR maintain the Line work under Applicants assert that, if approved, the Transaction, applicants intend to essentially the same agreements that P&L/EVWR Transaction would increase consummate the transaction on the later would apply if P&L were doing the inter- and intramodal competition and of December 30, 2005, or the earliest work; and that EVWR expects that its would not result in any lessening of date that P&L can acquire the Line employees will be represented by the competition, creation of a monopoly, or pursuant to the authority sought in the same unions that would represent the restraint of trade in freight surface primary application. employees if the Line were to be transportation in any region of the Environmental Impacts. Applicants operated by P&L. United States. They contend that it contend that no environmental P&L states that EVWR would provide would not have any anticompetitive documentation is required because there service to all customers on the Line 7 effects because it would simply allow would be no operational changes that days per week with (1) one 2-person EVWR to replace CSXT as the railroad would exceed the thresholds established crew departing Mt. Vernon, IN, on serving local and overhead customers in 49 CFR 1105.7(e)(4) or (5) and there Sunday, Tuesday, and Thursday, and on the Line. Applicants further assert would be no action that would normally returning from Okawville on Monday, that significant truck competition require environmental documentation. Wednesday, and Friday, setting out and provides an alternative to use of the Applicants therefore assert that neither picking up cars at industries and Line for transportation. the P&L Transaction nor the EVWR interchange points en route; (2) another P&L asserts that EVWR intends to Transaction requires environmental 2-person crew performing station and aggressively market its operation to documentation under 49 CFR industry switching at Mt. Vernon, IN; shippers on the Line and to potential 1105.6(b)(4) and (c)(2)(i). (3) another 2-person crew performing receivers of western coal, as well as the Historic Preservation Impacts. station switching and interchange to/ eastern coal that the Line now carries. Applicants contend that an historic from CSXT at Evansville; and (4) two 2- P&L believes that there are shippers report is not required because EVWR person crews performing loading of unit along the Line that currently do not use would operate the Line and would coal trains at Epworth, IL, transiting to rail service that could be convinced to require separate Board approval to Mt. Vernon, IN, for unloading, and use EVWR’s service instead of truck discontinue service, and because there returning. service. P&L states that EVWR also are no plans to dispose of or alter Financial Arrangements. Applicants plans to explore expansion of rail-water properties subject to Board jurisdiction state that, to acquire the Improvements, transload opportunities on the Line. that are 50 years old or older. P&L would pay CSXT a certain amount P&L adds that EVWR would be Applicants therefore assert that neither (the precise amount has been submitted headquartered on the Line, would hire the P&L Transaction nor the EVWR under seal) and P&L would immediately qualified existing employees now Transaction requires an historic report transfer those Improvements to EVWR working on the Line, would have local under 49 CFR 1105.8(b)(1). for the same amount. Applicants further management and local personnel, and Labor Impacts. CSXT states that no state that P&L would assign its lease in would provide a more personalized, CSXT employees would be dismissed the real property to EVWR, and EVWR responsive, and more frequent service to on account of the P&L Transaction, but would be responsible for paying annual customers on the Line than CSXT has that 31 CSXT employees (10 Trainmen, rental for the real property (the precise been able to provide. 7 Engineers, 11 MOW workers, 2 Signal amount has been filed under seal) plus CSXT asserts that the P&L Transaction & Communications workers, and 1 additional rental depending upon the would improve CSXT’s financial Clerical worker) would be displaced, number of carloads. viability through system rationalization, and 3 CSXT employees (2 Signal & CSXT states that it does not plan any including reducing its operating Communications workers and 1 Clerical new financial arrangements in expenses and capital expenditures. worker) would be relocated. CSXT states connection with the P&L Transaction. CSXT notes, however, that, although that it has not yet obtained any P&L states that it does not plan to issue CSXT and P&L have agreed to the P&L implementing agreements with its any new securities in connection with Transaction in principle and have employees, but that it intends shortly to the P&L Transaction, but intends to resolved many specific items, it is begin voluntary negotiations with its finance the acquisition through its difficult to estimate savings until all of employees. CSXT adds that the existing line of credit or with cash on the specific terms of the P&L predicted number of affected positions hand, depending on the situation at the Transaction are resolved. is based on current conditions and may time of closing. EVWR states that it will P&L expects that the P&L/EVWR change based upon conditions at the finance its purchase of the Transaction would result in operating time of consummation. Improvements through a cash infusion economies, improved service, and P&L states that no P&L employee from its initial capitalization, and that improved financial viability. P&L does would be adversely impacted by the continuing operations and the annual not anticipate any changes to routes and P&L/EVWR Transaction. P&L states that lease payments would be financed rates if EVWR takes over the service. EVWR intends to hire approximately 10 through a combination of initial P&L adds: That EVWR expects initially employees (5 Trainmen and 5 capitalization, cash from continuing to handle about 63,100 carloads Engineers) for train and engine service, operations, and borrowing from a third annually, including 42,900 carloads of and 9 employees (5 MOW workers, 2 party. coal, 6,700 carloads of chemicals, 9,600 Signal & Communications workers, and Passenger Service Impacts. The P&L/ carloads of agricultural commodities, 2 Mechanical workers) for maintenance EVWR Transaction would have no 1,400 carloads of phosphate and of the Line and equipment, and would impact on commuter or passenger fertilizer, 1,600 carloads of food and consider for employment (based on operations because the Line has no consumer products, and 900 carloads of qualifications to be determined by commuter or other passenger service. metals; and that, based on such EVWR) all qualified current and former
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52480 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
CSXT employees whose positions four members of the seven-member P&L allow them to close the P&L/EVWR would be abolished as a result of the board, whereas CSXT can appoint only Transaction on December 30, 2005, and P&L Transaction and who make proper three members. Applicants state that it would thus allow the changeover in application for employment. P&L adds is the P&L board that has the sole operations to occur before the end of the that the number of anticipated hires is authority to manage, control, and make year and over a weekend. based on current conditions and may all decisions affecting the business of The Board is adopting a procedural change based upon conditions at the P&L and that, because P&L is controlled schedule that is essentially the same as time of consummation. by its board and because it is the P&L applicants’ proposed procedural Protective Conditions. For the P&L board that has the power to direct P&L’s schedule. However, whereas applicants’ Transaction, applicants assert that, to day-to-day operations, P&L is schedule provides that an oral argument provide the level of labor protection independent in the conduct of its daily will be held, if necessary, on November mandated by 49 U.S.C. 11326, the Board operations. According to applicants, 15, 2005, to allow greater flexibility in should impose the labor protective P&L’s board has exercised exclusive the handling of the Board’s docket, the conditions in New York Dock Ry.— control over P&L’s business affairs since Board’s schedule provides that any Control—Brooklyn Eastern Dist., 360 P&L was reorganized and CSXT necessary oral argument or public I.C.C. 60, 84–90 (1979), as clarified in purchased its equity interest in P&L in hearing will be held the week of Wilmington Term. RR, Inc.—Pur. & 1995; CSXT has not been involved in November 14, 2005. Further, although Lease—CSX Transp., Inc., 6 I.C.C.2d P&L’s day-to-day management; and, to applicants’ schedule provides that the 799, 814–826 (1990), aff’d sub nom. avoid even the appearance of control in final decision will be issued on a Railway Labor Executives’ Ass’n v. connection with the P&L Transaction, Saturday, the Board’s schedule provides I.C.C., 930 F.2d 511 (6th Cir. 1991). For the CSXT-appointed directors of P&L that the final decision will be issued on the Sub-No. 1 related filing (the transfer refrained from participating in any December 12, 2005 (a Monday), to make of the Line from P&L to EVWR), they discussions or required votes the schedule consistent with the Board’s assert that no labor protective concerning P&L’s proposal to acquire usual operating procedure. This conditions may be imposed because the the Evansville-Okawville Line. schedule will allow the Board to meet transaction is the type that would Applicants state that no P&L or EVWR the applicable statutory deadline— otherwise be handled under 49 U.S.C. officers will be appointed by, or which requires a final decision no later 10901, which precludes such affiliated with, CSXT. than the 45th day after the date on conditions. For the Sub-No. 2 related Primary Application and Related which the evidentiary proceedings are filing (the continuance in control of Filings Accepted. The Board finds that concluded—even if no public hearing or EVWR by P&L,6 and the continuance in the proposed P&L Transaction would be oral argument is found to be necessary. control of P&L and EVWR by FRTI; 7), a ‘‘minor transaction’’ under 49 CFR Under the procedural schedule they contend that, because the proposal 1180.2(c), and the Board is accepting the adopted by the Board: any person who involves one Class II carrier (P&L) and primary application for consideration wishes to participate in this proceeding one Class III carrier (EVWR), the because it is in substantial compliance as a POR must file, no later than appropriate level of labor protection is with the applicable regulations September 12, 2005, a notice of intent that which is set forth in 49 U.S.C. governing minor transactions. See 49 to participate; all comments, protests, 11326(b) (limited to 1 year of severance U.S.C. 11321–26; 49 CFR part 1180. The requests for conditions, and any other pay). Board is also accepting for consideration evidence and argument in opposition to CSXT’s 35% Ownership Interest In the two related filings, which are also in the primary application or either of the FRTI/P&L/EVWR. As noted above, compliance with the applicable related filings, including filings by DOJ EVWR is a wholly owned subsidiary of regulations. The Board reserves the right and DOT, must be filed by October 12, P&L, which is itself a wholly owned to require the filing of supplemental 2005; and responses to comments, subsidiary of FRTI, a noncarrier holding information, if necessary to complete protests, requests for conditions, and company. Applicants advise that FRTI’s the record. other opposition and rebuttal in support common stock is divided into two Public Inspection. The primary of the primary application or either of blocks: a 65% block that is owned by application and the related filings are the related filings must be filed by P&L management; and a 35% block that available for inspection in the Docket October 27, 2005. As in past is owned by CSXT. Applicants further File Reading Room (Room 755) at the proceedings, DOJ and DOT will be advise: That 100% of FRTI’s non-voting offices of the Surface Transportation allowed to file, on the response due date preferred stock is owned by CSXT; that Board, 1925 K Street, NW., in (here, October 27th), their comments in one of the three members of FRTI’s Washington, DC. In addition, the response to the comments of other Board of Directors is a CSXT employee; primary application may be obtained parties, and applicants will be allowed and that three of the seven members of from Mr. Mullins (representing FRTI, to file (as quickly as possible thereafter) P&L’s Board of Directors are CSXT P&L, and EVWR) and Mr. Gitomer a response to any such comments of DOJ employees. Applicants contend, (representing CSXT) at the addresses and/or DOT. Under this schedule, a however, that CSXT does not ‘‘control’’ indicated above, and the related filings public hearing or oral argument may be FRTI/P&L/EVWR within the meaning of may be obtained from Mr. Mullins held the week of November 14, 2005. 49 U.S.C. 11323. Applicants cite Soo (representing FRTI, P&L, and EVWR) at The Board will issue its final decision Line Railroad Company—Petition for the address indicated above. on December 12, 2005, and, to Declaratory Order, STB Finance Docket Procedural Schedule. The Board has accommodate the request for a 2005 No. 33350 (STB served Feb. 4, 1998), considered applicants’ PLRY–3/CSXT–3 year-end closing, the Board will make and explain that P&L management, request (filed August 3, 2005) for a any such approval effective on which acquired its 65% interest in FRTI procedural schedule, under which the December 30, 2005. For further at the same time that CSXT acquired its Board would issue its final decision on information respecting dates, see 35% interest, has the power to appoint December 10, 2005, and that decision Appendix A (Procedural Schedule). would become effective on December Notice of Intent To Participate. Any 6 See 49 U.S.C. 11323(a)(3). 30, 2005. Applicants have explained person who wishes to participate in this 7 See 49 U.S.C. 11323(a)(5). that their proposed schedule would proceeding as a POR must file with the
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52481
Board, no later than September 12, Opposition; Rebuttal in Support of the customers on the Line seven days per 2005, a notice of intent to participate, Application. Responses to comments, week. Applicants explain that EVWR accompanied by a certificate of service protests, requests for conditions, and expects to conduct approximately 60 indicating that the notice has been other opposition submissions, and train movements per week on the Line. properly served on the Secretary of the rebuttal in support of the primary Applicants state that of the 60 train United States Department of application or either of the related movements per week, six train Transportation, the Attorney General of filings, must be filed by October 27, movements (three round-trips per week) the United States, Mr. Mullins (as 2005. would be line-haul movements representative of FRTI, P&L, and Public Hearing/Oral Argument. The providing local service on the 104-mile EVWR), and Mr. Gitomer (as Board may hold a public hearing or an segment from Mt. Vernon, IN, to representative of CSXT). oral argument in this proceeding the Okawville, IL. There would be two train Service List Notice. The Board will week of November 14, 2005. movements (one round-trip) providing serve, as soon after September 12, 2005, Discovery. Discovery may begin local service and overhead movements as practicable, a notice containing the immediately. The parties are for interchange between Mt. Vernon, IN, official service list (the service-list encouraged to resolve all discovery and Evansville, IN, which are notice). Each POR will be required to matters expeditiously and amicably. approximately 17 miles apart. serve upon all other PORs, within 10 Environmental Matters. Under the Additionally, on the 2.8-mile Mt. days of the service date of the service- Council on Environmental Quality Vernon Branch near Mt. Vernon, IN, list notice, copies of all filings (CEQ) regulations, for those types of approximately 10 switching movements previously submitted by that party (to proposed actions whose environmental would occur. The remainder of the the extent such filings have not effects are ordinarily insignificant, an movements would occur on the previously been served upon such other environmental review need not be segments between Epworth, IL, and Mt. parties). Each POR also will be required conducted under the National Vernon, IN, and between Mt. Vernon, to file with the Board, within 10 days of Environmental Policy Act of 1969 IN, and Evansville, IN. According to the service date of the service-list (NEPA).8 Rather, such activities are applicants, EVWR does not anticipate notice, a certificate of service indicating covered by a ‘‘categorical exclusion.’’ In any changes to the existing route, and that the service required by the its environmental rules, the Board has has no plans to immediately increase preceding sentence has been various categorical exclusions.9 As traffic levels on the Line. accomplished. Every filing made by a pertinent here, under 49 CFR Applicants state that, upon Board POR after the service date of the service- 1105.6(c)(2)(i), no environmental review approval of the P&L/EVWR Transaction, list notice must have its own certificate is normally required for a rail line EVWR intends to aggressively market its of service indicating that all PORs on acquisition proposal that would not rail operations to shippers on the Line the service list have been served with a result in operational changes that that currently ship and receive copy of the filing. Members of the exceed certain thresholds—generally an commodities by truck to provide more United States Congress (MOCs) and increase in rail traffic of at least three frequent and improved service to Governors (GOVs) are not parties of trains a day or 50 percent in traffic shippers. In addition, EVWR plans to record and need not be served with (measured in gross ton miles annually explore expansion of rail-water copies of filings, unless any Member or in an air quality ‘‘nonattainment’’ transload opportunities on the Line. Governor has requested to be, and is area,10 which is where the easternmost Presently, there is rail-water transload designated as, a POR. terminus of the Evansville-Okawville activity on the Line at Mt. Vernon, IN. Comments, Protests, Requests for Line is located. Of the 63,100 carloads currently Conditions, and Other Opposition Applicants state in their application handled on the Line, approximately Evidence and Argument, Including that EVWR expects initially to handle 17,800 carloads per year of coal, Filings by DOJ and DOT. All comments, about 63,100 carloads annually. The fertilizer, and agricultural products are protests, requests for conditions, and traffic would consist of about 42,900 currently handled by CSXT at this any other evidence and argument in carloads of coal, 6,700 carloads of transload facility. EVWR projects traffic opposition to the primary application or chemicals, 9,600 carloads of agricultural levels for this operation to remain the either of the related filings, including commodities, 1,400 carloads of same as CSXT’s current transload filings by DOJ and DOT, must be filed phosphate and fertilizer, 1,600 carloads activities. by October 12, 2005. of food and consumer products, and 900 Because EVWR projects no immediate Because the P&L Transaction carloads of metal. In supplemental increase in traffic levels on the Line, proposed in the primary application is information on traffic movements and because the amount of any future a minor transaction, no responsive provided by applicants to the Board’s increase in traffic as a result of applications will be permitted. See 49 Section of Environmental Analysis marketing is speculative, the P&L/ CFR 1180.4(d)(1). (SEA), applicants state that traffic now EVWR Transaction does not meet or Protesting parties are advised that, if moving over the Evansville-Okawville exceed the Board’s thresholds for they seek either the denial of the Line would continue moving over the environmental documentation primary application or the imposition of Line at the same volume should the established at 49 CFR 1105.7(e)(4) or (5), conditions upon any approval thereof, Board approve the P&L/EVWR and there is nothing in either the on the theory that approval (or approval Transaction. According to applicants, primary application or the related without conditions) would harm EVWR would provide rail service to all filings to indicate that the P&L/EVWR competition and/or their ability to Transaction has any potential for provide essential services, they must 8 40 CFR 1500.4(p), 1501.4(a)(2), 1508.4. significant environmental impacts. The present substantial evidence in support 9 49 CFR 1105.6(c). Board’s SEA has therefore concluded of their positions. See Lamoille Valley 10 Areas of the country where air pollution levels that this proceeding is ‘‘categorically R.R. Co. v. ICC, 711 F.2d 295 (DC Cir. persistently exceed the national ambient air quality excluded’’ from the environmental standards may be designated ‘‘nonattainment.’’ 1983). Evansville is located in an area designated as an air review required by NEPA and that Responses to Comments, Protests, quality ‘‘nonattainment’’ area by the Environmental formal environmental review is not Requests for Conditions, and Other Protection Agency. warranted in this case.
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52482 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Finally, SEA agrees with applicants Service of Decisions, Orders, and and request for issuance of procedural that the proposed action does not Notices. The Board will serve copies of schedule filed. require historic review under the its decisions, orders, and notices only September 2, 2005—Board notice of National Historic Preservation Act of on those persons who are designated on acceptance of primary application and related filings published in the Federal 1966 because further approval would be the official service list as either POR, Register. required to abandon any service, and MOC, or GOV. All other interested September 12, 2005—Notices of intent to because applicants have advised the persons are encouraged either to secure participate in this proceeding due. Board that there are no plans to dispose copies of decisions, orders, and notices October 12, 2005—All comments, protests, of or alter properties subject to the via the Board’s Web site at http:// requests for conditions, and any other Board’s jurisdiction that are 50 years old www.stb.dot.gov under ‘‘E–LIBRARY/ evidence and argument in opposition to or older. 49 CFR 1105.8(b)(1). Decisions & Notices’’ or to make the primary application and/or either or Filing/Service Requirements. Persons advance arrangements with the Board’s both of the related filings, including filings participating in this proceeding may copy contractor, ASAP Document of DOJ and DOT, due. ‘‘file’’ with the Board and ‘‘serve’’ on October 27, 2005—Responses to comments, Solutions (mailing address: Suite 103, protests, requests for conditions, and other other parties: A notice of intent to 9332 Annapolis Rd., Lanham, MD opposition due. Rebuttal in support of the participate (due by September 12th); a 20706; e-mail address: primary application and/or either or both certificate of service indicating service [email protected]; telephone number: of the related filings due. of prior pleadings on persons designated 202–306–4004), to receive copies of Week of November 14, 2005—A public as PORs on the service-list notice (due decisions, orders, and notices served in hearing or oral argument may be held the by the 10th day after the service date of this proceeding. ASAP Document week of November 14, 2005. the service-list notice); any comments, Solutions will handle the collection of December 12, 2005—Date of service of final protests, requests for conditions, and charges and the mailing and/or faxing of decision. December 30, 2005—Effective date of final any other evidence and argument in decisions, orders, and notices to persons decision. opposition to the primary application or who request this service. either of the related filings (due by Access to Filings. An interested [FR Doc. 05–17456 Filed 9–1–05; 8:45 am] October 12th); and any responses to person does not need to be on the BILLING CODE 4915–01–P comments, etc., and any rebuttal in service list to obtain a copy of the support of the primary application or primary application or any other filing either of the related filings (due by made in this proceeding. Under the DEPARTMENT OF TRANSPORTATION October 27th). Board’s rules, any document filed with Surface Transportation Board Filing Requirements. Any document the Board (including applications, filed in this proceeding must be filed pleadings, etc.) shall be promptly [STB Docket No. AB–290 (Sub–No. 236X)] either via the Board’s e-filing format or furnished to interested persons on in the traditional paper format. Any request, unless subject to a protective The Cincinnati, New Orleans and Texas person e-filing a document should order. 49 CFR 1180.4(a)(3). The primary Pacific Railway Company— comply with the instructions found on application and other filings in this Abandonment Exemption—in Roane the Board’s Web site at http:// proceeding will also be available on the County, TN www.stb.dot.gov at the ‘‘E-FILING’’ link. Board’s Web site at http:// On August 15, 2005, The Cincinnati, Any person filing a document in the www.stb.dot.gov under ‘‘E–LIBRARY/ New Orleans and Texas Pacific Railway traditional paper format should send an Filings.’’ Company (CNOTP), a wholly owned original and 10 paper copies of the This action will not significantly subsidiary of Norfolk Southern Railway document (and also an IBM-compatible affect either the quality of the human Company, filed with the Board a floppy disk with any textual submission environment or the conservation of petition under 49 U.S.C. 10502 for in any version of either Microsoft Word energy resources. exemption from the provisions of 49 or WordPerfect) to: Surface It is ordered: Transportation Board, 1925 K Street, 1. The primary application in STB U.S.C. 10903 to abandon an NW., Washington, DC 20423–0001. Finance Docket No. 34738 and the approximately 1.1-mile line of railroad, Service Requirements. One copy of related filings in STB Finance Docket extending from milepost 156.9-H to each document filed in this proceeding No. 34738 (Sub-Nos. 1 and 2) are milepost 158.0-H in Rockwood, Roane must be sent to each of the following accepted for consideration. County, TN. The line traverses United (any copy may be sent by e-mail only if 2. The parties to this proceeding must States Postal Service Zip Code 37854, service by e-mail is acceptable to the comply with the Procedural Schedule and serves the station at Rockwood, recipient): (1) Secretary of the United adopted by the Board in this proceeding where CNOTP will continue to provide States Department of Transportation, as shown in Appendix A. rail service. 400 Seventh Street, SW., Washington, 3. The parties to this proceeding must In addition to an exemption from 49 DC 20590; (2) Attorney General of the comply with the procedural U.S.C. 10903, CNOTP seeks exemption United States, c/o Assistant Attorney requirements described in this decision. from 49 U.S.C. 10904 [offer of financial General, Antitrust Division, Room 3109, 4. This decision is effective on assistance (OFA) procedures] and 49 Department of Justice, Washington, DC September 2, 2005. U.S.C. 10905 [public use conditions]. In support, CNOTP contends that the 20530; (3) William A. Mullins Decided: August 25, 2005. (representing FRTI, P&L, and EVWR), exemption from these provisions is By the Board, Chairman Nober, Vice necessary to permit conveyance of the Baker & Miller PLLC, 2401 Pennsylvania Chairman Buttrey, and Commissioner Avenue, NW., Suite 300, Washington, Mulvey. line to Franklin Industries (Franklin), for continued operation as part of DC 20037; (4) Louis E. Gitomer Vernon A. Williams, Franklin’s private railroad operation.1 (representing CSXT), Ball Janik LLP, Secretary. 1455 F Street, NW., Suite 225, Appendix A: Procedural Schedule 1 Franklin previously acquired a 15.4-mile line of Washington, DC 20005; and (5) any railroad (known as the Crab Orchard Line) from other person designated as a POR on the August 3, 2005— Primary application, CNOTP. See The Cincinnati, New Orleans and service-list notice. related filings, motion for protective order, Texas Pacific Railway Company—Abandonment
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52483
These requests will be addressed in the served upon all parties of record and condition adequately protects affected final decision. upon any agencies or other persons who employees, a petition for partial The line does not contain federally commented during its preparation. revocation under 49 U.S.C. 10502(d) granted rights-of-way. Any Other interested persons may contact must be filed. documentation in CNOTP’s possession SEA to obtain a copy of the EA (or EIS). Provided no formal expression of will be made available promptly to EAs in these abandonment proceedings intent to file an offer of financial those requesting it. normally will be made available within assistance (OFA) has been received, this The interest of railroad employees 60 days of the filing of the petition. The exemption will be effective on October will be protected by the conditions set deadline for submission of comments on 4, 2005, unless stayed pending forth in Oregon Short Line R. Co.— the EA will generally be within 30 days reconsideration. Petitions to stay that do Abandonment—Goshen, 360 I.C.C. 91 of its service. not involve environmental issues,1 (1979). Board decisions and notices are formal expressions of intent to file an By issuing this notice, the Board is available on our Web site at http:// OFA under 49 CFR 1152.27(c)(2),2 and instituting an exemption proceeding www.stb.dot.gov. trail use/rail banking requests under 49 pursuant to 49 U.S.C. 10502(b). A final Decided: August 24, 2005. CFR 1152.29 must be filed by September decision will be issued by December 2, 12, 2005. Petitions to reopen or requests 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. for public use conditions under 49 CFR Any OFA under 49 CFR 1152.27(b)(2) 1152.28 must be filed by September 22, Vernon A. Williams, will be due no later than 10 days after 2005, with the Surface Transportation service of a decision granting the Secretary. Board, 1925 K Street, NW., Washington, petition for exemption, unless the Board [FR Doc. 05–17236 Filed 9–1–05; 8:45 am] DC 20423–0001. grants the requested exemption from the BILLING CODE 4915–01–P A copy of any petition filed with the OFA process. Each OFA must be Board should be sent to KCSR’s accompanied by a $1,200 filing fee. See representative: William A. Mullins, 49 CFR 1002.2(f)(25). DEPARTMENT OF TRANSPORTATION Baker & Miller PLLC, 2401 Pennsylvania All interested persons should be Surface Transportation Board Avenue, NW., Suite 300, Washington, aware that, following abandonment of DC 20037. rail service and salvage of the line, the [STB Docket No. AB–103 (Sub–No. 18X)] If the verified notice contains false or line may be suitable for other public misleading information, the exemption use, including interim trail use. Unless The Kansas City Southern Railway is void ab initio. the Board grants the requested Company—Abandonment Exemption— KCSR has filed environmental and exemption from the public use in Winn Parish, LA historic reports which address the effects, if any, of the abandonment on provisions, any request for a public use The Kansas City Southern Railway the environment and historic resources. condition under 49 CFR 1152.28 or for Company (KCSR) has filed a notice of SEA will issue an environmental trail use/rail banking under 49 CFR exemption under 49 CFR Part 1152, assessment (EA) by September 9, 2005. 1152.29 will be due no later than Subpart F—Exempt Abandonments to Interested persons may obtain a copy of September 22, 2005. Each trail use abandon a 3.16-mile line of railroad the EA by writing to SEA (Room 500, request must be accompanied by a $200 extending from milepost 144.64 to Surface Transportation Board, filing fee. See 49 CFR 1002.2(f)(27). milepost 147.80, located near All filings in response to this notice Washington, DC 20423–0001) or by Winnfield, in Winn Parish, LA. The line must refer to STB Docket No. AB–290 calling SEA, at (202) 565–1539. traverses United States Postal Service (Sub-No. 236X), and must be sent to: (1) [Assistance for the hearing impaired is Zip Code 71483. Surface Transportation Board, 1925 K available through the Federal KCRS has certified that: (1) No local Street, N.W., Washington, DC 20423– Information Relay Service (FIRS) at 1– traffic has moved over the line for at 0001; and (2) James R. Paschall, Norfolk 800–877–8339.] Comments on least 2 years; (2) there is no overhead Southern Railway Company, Three environmental and historic preservation traffic on the line; (3) no formal Commercial Place, Norfolk, VA 23510– matters must be filed within 15 days complaint filed by a user of rail service 2191. Replies to the petition are due on after the EA becomes available to the on the line (or by a state or local or before September 22, 2005. public. government entity acting on behalf of Persons seeking further information Environmental, historic preservation, such user) regarding cessation of service concerning abandonment procedures public use, or trail use/rail banking over the line either is pending with the may contact the Board’s Office of Public conditions will be imposed, where Surface Transportation Board or with Services at (202) 565–1592 or refer to appropriate, in a subsequent decision. any U.S. District Court or has been the full abandonment or discontinuance Pursuant to the provisions of 49 CFR decided in favor of complainant within regulations at 49 CFR part 1152. 1152.29(e)(2), KCSR shall file a notice of the 2-year period; and (4) the Questions concerning environmental consummation with the Board to signify requirements at 49 CFR 1105.7 issues may be directed to the Board’s that it has exercised the authority (environmental reports), 49 CFR 1105.8 Section of Environmental Analysis (historic reports), 49 CFR 1105.11 1 (SEA) at (202) 565–1539. [Assistance for The Board will grant a stay if an informed (transmittal letter), 49 CFR 1105.12 the hearing impaired is available decision on environmental issues (whether raised (newspaper publication), and 49 CFR by a party or by the Board’s Section of through the Federal Information Relay 1152.50(d)(1) (notice to governmental Environmental Analysis (SEA) in its independent Service (FIRS) at 1–800–877–8339.] investigation) cannot be made before the An environmental assessment (EA) (or agencies) have been met. exemption’s effective date. See Exemption of Out- environmental impact statement (EIS), if As a condition to this exemption, any of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible necessary) prepared by SEA will be employee adversely affected by the abandonment shall be protected under so that the Board may take appropriate action before the exemption’s effective date. Exemption–in Cumberland and Roane Counties, Oregon Short Line R. Co.— 2 Each OFA must be accompanied by the filing TN, STB Docket No. AB–290 (Sub-No. 208X) (STB Abandonment—Goshen, 360 I.C.C. 91 fee, which currently is set at $1,200. See 49 CFR served Nov. 15, 2000). (1979). To address whether this 1002.2(f)(25).
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52484 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
granted and fully abandoned the line. If United States Mint announces the • Advise the Secretary of the consummation has not been effected by Citizens Coinage Advisory Committee Treasury with regard to the events, KCSR’s filing of a notice of (CCAC) public meeting scheduled for persons, or places to be commemorated consummation by September 2, 2006, September 27, 2005, at United States by the issuance of commemorative coins and there are no legal or regulatory Mint Headquarters in Washington, DC. in each of the five calendar years barriers to consummation, the authority The purpose of this meeting is to advise succeeding the year in which a to abandon will automatically expire. the Secretary of the Treasury on themes commemorative coin designation is Board decisions and notices are and designs pertaining to the coinage of made. available on our Web site at http:// the United States and for other • Make recommendations with www.stb.dot.gov. purposes. respect to the mintage level for any Decided: August 24, 2005. Date: September 27, 2005. commemorative coin recommended. Time: 1 p.m. to 4 p.m. By the Board, David M. Konschnik, Location: The United States Mint; 801 FOR FURTHER INFORMATION CONTACT: Director, Office of Proceedings. 9th Street, NW.; Washington, DC; 2nd Madelyn Simmons Marchessault, Vernon A. Williams, floor. United States Mint Liaison to the CCAC; Secretary. Subject: Review design candidates for 801 9th Street, NW., Washington, DC [FR Doc. 05–17235 Filed 9–1–05; 8:45 am] the Jamestown 400th Anniversary 20220; or call 202–354–7200. BILLING CODE 4915–01–P Commemorative Coin Program, the Dr. Any member of the public interested Martin Luther King and Coretta Scott in submitting matters for the CCAC’s King Congressional Gold Medal, and consideration or addressing the CCAC is other business. invited to submit the request and/or DEPARTMENT OF THE TREASURY Interested persons should call 202– materials by fax to the following number: 202–756–6830. United States Mint 354–7502 for the latest update on meeting time and room location. Authority: 31 U.S.C. 5135(b)(8)(C) Notification of Citizens Coinage The CCAC was established to: • Advise the Secretary of the Dated: August 25, 2005. Advisory Committee September 2005 David Lebryk, Public Meeting Treasury on any theme or design proposals relating to circulating coinage, Acting Director, United States Mint. SUMMARY: Pursuant to United States bullion coinage, Congressional Gold [FR Doc. 05–17474 Filed 9–1–05; 8:45 am] Code, Title 31, section 5135(b)(8)(C), the Medals, and national and other medals. BILLING CODE 4810–37–P
VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52485
Corrections Federal Register Vol. 70, No. 170
Friday, September 2, 2005
This section of the FEDERAL REGISTER Tuesday, August 16, 2005, make the contains editorial corrections of previously following corrections: published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are §136.3 [Corrected] prepared by the Office of the Federal Register. Agency prepared corrections are 1. On page 48264, in §136.3(a), in the issued as signed documents and appear in table, under the heading Method1, in the the appropriate document categories eighth line, ‘‘MF12 16’’ should read elsewhere in the issue. ‘‘MF216’’. 2. On page 48267, in the same section, the table is corrected in part to read as ENVIRONMENTAL PROTECTION follows: AGENCY 40 CFR Part 136 [OW–2004–0014; FRL–7952–7] RIN 2040–AE68
Guidelines Establishing Test Procedures for the Analysis of Pollutants; Analytical Methods for Biological Pollutants in Wastewater and Sewage Sludge; Proposed Rule Correction In proposed rule document 05–16195 beginning on page 48256, in the issue of
TABLE IG.—LIST OF APPROVED MICROBIOLOGICAL METHODS FOR AMBIENT WATER
Standard Standard 1 methods AOAC, Parameter and units Method EPA 18th, 19th, methods on- ASTM, USGS Other line 4 20th ed.4
******* 7. Enterococci, number per 100 mL MTF 68 multiple tube ...... 9230B ...... 9230B–93 ...... multiple tube/multiple ...... D6503–99 9. Entero- well. lert 12 22 MF 25678 two step, ...... 1106.1 23 ...... 9230C ...... 9230C–93 .... D5259–92 9 .. single step, or Plate 1600 24, p...... count. 143 3. Protozoa: 8. Cryptosporidium ...... Filtration/IMS/FA ...... 1622 25, ...... 1623 26. 9. Giardia ...... Filtration/IMS/FA ...... 1623 26 ......
[FR Doc. C5–16195 Filed 9–1–05; 8:45 am] BILLING CODE 1505–01–D
VerDate Aug<18>2005 16:30 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4734 Sfmt 4734 E:\FR\FM\02SECX.SGM 02SECX Friday, September 2, 2005
Part II
Department of Commerce National Oceanic and Atmospheric Administration
50 CFR Part 226 Endangered and Threatened Species; Designation of Critical Habitat for Seven Evolutionarily Significant Units of Pacific Salmon and Steelhead in California; Final Rule
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02SER2.SGM 02SER2 52488 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
DEPARTMENT OF COMMERCE documentation used in the preparation I. Background and Previous Federal of this final rule, are available for public Action National Oceanic and Atmospheric inspection by appointment, during We are responsible for determining Administration normal business hours, at the National whether species, subspecies, or distinct Marine Fisheries Service, NMFS, population segments of Pacific salmon 50 CFR Part 226 Protected Resources Division, 501 W. and steelhead (Oncorhynchus spp.) are [Docket No. 041123329–5202–02; I.D. Ocean Blvd., Suite 4200, Long Beach, threatened or endangered, and for No.110904F] CA 90802–4213. The final rule, maps, designating critical habitat for them and other materials relating to these RIN 0648–AO04 under the ESA (16 U.S.C. 1531 et seq). designations can be found on our Web To qualify as a distinct population Endangered and Threatened Species; site at http://swr.nmfs.noaa.gov. segment, a Pacific salmon or steelhead Designation of Critical Habitat for FOR FURTHER INFORMATION CONTACT: population must be substantially Seven Evolutionarily Significant Units Craig Wingert at the above address, at reproductively isolated from other of Pacific Salmon and Steelhead in 562/980–4021, or Marta Nammack at conspecific populations and represent California 301/713–1401 ext. 180. an important component in the SUPPLEMENTARY INFORMATION: evolutionary legacy of the biological AGENCY: National Marine Fisheries Organization of the Final Rule species. According to agency policy, a Service (NMFS), National Oceanic and population meeting these criteria is Atmospheric Administration, This Federal Register notice describes considered to be an Evolutionarily Commerce. the final critical habitat designations for Significant Unit (ESU) (56 FR 58612, ACTION: Final rule. seven ESUs of West Coast salmon and November 20, 1991). steelhead listed under the ESA. The We are also responsible for SUMMARY: We, the National Marine pages that follow summarize the designating critical habitat for species Fisheries Service (NMFS), are issuing a comments and information received in listed under our jurisdiction. Section 3 final rule designating critical habitat for response to proposed designations of the ESA defines critical habitat as (1) two Evolutionarily Significant Units published on December 10, 2004 (69 FR specific areas within the geographical (ESUs) of chinook salmon 71880), describe any changes from the area occupied by the species at the time (Oncorhynchus tshawytscha) and five proposed designations, and detail the of listing, on which are found those ESUs of steelhead (O. mykiss) listed as final designations for seven ESUs. To physical or biological features that are of the date of this designation under the assist the reader, the content of this essential to the conservation of the Endangered Species Act of 1973, as notice is organized as follows: listed species and that may require amended (ESA). The specific areas special management considerations or designated in the rule text set out below I. Background and Previous Federal Action protection, and (2) specific areas outside include approximately 8,935 net mi II. Summary of Comments and the geographical area occupied by the (14,269 km) of riverine habitat and 470 Recommendations species at the time of listing that are 2 2 mi (1,212 km ) of estuarine habitat Notification and General Comments essential for the conservation of a listed (primarily in San Francisco-San Pablo- Identification of Critical Habitat Areas species. Our regulations direct us to Suisun Bays) in California. Some of the Economics Methodology focus on ‘‘primary constituent Weighing the Benefits of Designation vs. areas designated are occupied by two or elements,’’ or PCEs, in identifying these more ESUs. The annual net economic Exclusion Effects of Designating Critical Habitat physical or biological features. Section impacts of changes to Federal activities 7(a)(2) of the ESA requires that each as a result of the critical habitat ESU-specific Issues III. Summary of Revisions Federal agency shall, in consultation designations (regardless of whether IV. Methods and Criteria Used to Identify with and with the assistance of NMFS, those activities would also change as a Critical Habitat ensure that any action authorized, result of the ESA’s jeopardy Salmon Life History funded or carried out by such agency is requirement) are estimated to be Identifying the Geographical Area not likely to jeopardize the continued Occupied by the Species and Specific approximately $81,647,439. We existence of an endangered or solicited information and comments Areas within the Geographical Area Primary Constituent Elements threatened salmon or steelhead ESU or from the public in an Advanced Notice result in the destruction or adverse of Proposed Rulemaking and on all Special Management Considerations or Protections modification of critical habitat. Section aspects of the proposed rule. This rule Unoccupied Areas 4 of the ESA requires us to consider the is being issued to meet the timeline Lateral Extent of Critical Habitat economic impacts, impacts on national established in litigation between NMFS Military Lands security, and other relevant impacts of and Pacific Coast Federation of Critical Habitat Analytical Review Teams specifying any particular area as critical Fishermen’s Associations (PCFFA et. al V. Application of ESA Section 4(b)(2) habitat. v. NMFS (Civ.No. 03–1883)). In the Exclusions Based on ‘‘Other Relevant Impacts’’ The timeline for completing the proposed rule, we identified a number critical habitat designations described in of potential exclusions we were Impacts to Tribes Impacts to Landowners with Contractual this Federal Register notice was considering including exclusions for Commitments to Conservation established pursuant to litigation federal lands subject to the Pacific Exclusions Based on National Security between NMFS and the Pacific Coast Northwest Forest Plan, PACFISH and Impacts Federation of Fishermen’s Associations, INFISH. We are continuing to analyze Exclusions Based on Economic Impacts Institute for Fisheries Resources, the whether exclusion of those federal lands VI. Critical Habitat Designation Center for Biological Diversity, the is appropriate. VII. Effects of Critical Habitat Designation Section 7 Consultation Oregon Natural Resources Council, the DATES: This rule becomes effective Activities Affected by Critical Habitat Pacific Rivers Council, and the January 2, 2006. Designation Environmental Protection Information ADDRESSES: Comments and materials VIII. Required Determinations Center (PCFFA, et al.) and is subject to received, as well as supporting IX. References Cited a Consent Decree and Stipulated Order
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52489
of Dismissal (Consent Decree) approved notice in accordance with the Consent this Federal Register notice as well as by the D.C. District Court. A complete Decree. We are able to do so because in in other documents supporting this summary of previous court action developing critical habitat designations proposed rule.’’ In the proposed rule, regarding these designations can be for this species we have focused on the we described the methods and criteria found in the proposed rule (69 FR co-occurring range of both the we applied to address these questions, 71880; December 10, 2004). anadromous and resident forms. relying upon the unique life history In keeping with the Consent Decree, Therefore, both the proposed and final traits and habitat requirements of on December 10, 2004 (69 FR 71880), designations were restricted to the salmon and steelhead. we published proposed critical habitat species’ anadromous range, although we In issuing the final rule, we designations for two ESUs of Chinook did consider and propose to designate considered the comments we received salmon and five ESUs of O. mykiss. (For some areas occupied solely by resident to determine whether a change in our the latter ESUs we used the species’ fish in upper Alameda Creek in the San proposed approach to designating scientific name rather than ‘‘steelhead’’ Francisco Bay area. We focused on the critical habitat for salmon and steelhead because at the time they were being co-occurring range due to uncertainties was warranted. In some instances, we proposed for revision to include both about: (1) The distribution of resident concluded based on comments received anadromous (steelhead) and resident fish outside the range of co-occurrence, that a change was warranted. For (rainbow/redband) forms of the (2) the location of natural barriers example, in this final rule we have species—see 69 FR 33101, June 14, impassable to steelhead and upstream of revised our approach to allow us to 2004). The seven ESUs addressed in the habitat areas proposed for designation, consider excluding areas covered by proposed rule were: (1) California and (3) the final listing status of the habitat conservation plans in those Coastal Chinook salmon; (2) Northern resident form. Section 4(a)(3)(B) of the cases where the benefits of exclusion California O. mykiss; (3) Central ESA provides for the revision of critical outweigh the benefits of designation. California Coast O. mykiss; (4) South- habitat designations as appropriate, and In other instances, we believe the Central Coast O. mykiss; (5) Southern we will do so (if necessary) after making approach taken is supported by the best California O. mykiss; (6) Central Valley final listing determinations for these available scientific information, and that spring run Chinook salmon; and (7) five O. mykiss ESUs. Moreover, we given the time and additional analyses Central Valley O. mykiss. The comment intend to actively revise critical habitat required, changes to the methods and period for the proposed critical habitat as needed for all seven ESUs to keep criteria we applied in the proposed rule designations was originally opened them as up-to-date as possible. were not feasible. We recognize there until February 8, 2005. On February 7, are other equally valid approaches to 2005 (70 FR 6394), we announced a In an Advance Notice of Proposed designating critical habitat and for court-approved Amendment to the Rulemaking (ANPR) (68 FR 55926; answering the myriad questions Consent Decree which revised the September 29, 2003), we noted that the described above. Nevertheless, issuance schedule for completing the ESA and its supporting regulations of the final rule for designating critical designations and extended the comment require the agency to address a number habitat for these ESUs is subject to a period until March 14, 2005, and the of issues before designating critical Court Order that requires us to submit date to submit final rules to the Federal habitat: ‘‘What areas were occupied by the final regulation to the Federal Register as August 15, 2005. the species at the time of listing? What Register no later than August 15, 2005, In the critical habitat proposed rule physical and biological features are less than 5 months after the close of the we stated that ‘‘the final critical habitat essential to the species’ conservation? public comment period. Taking designations will be based on the final Are those essential features ones that alternative approaches to designating listing decisions for these seven ESUs may require special management critical habitat would have required a due by June 2005 and thus will reflect considerations or protection? Are areas retooling of multiple interrelated occupancy ‘‘at the time of listing’’ as the outside those currently occupied analyses and undertaking additional ESA requires.’’ All of these ESUs had ‘essential for conservation’? What are new analyses in support of the final been listed as threatened or endangered the benefits to the species of critical rule, and was not possible given the between 1997–2000, but in 2002 we habitat designation? What economic and time available to us. We will continue announced that we would reassess the other relevant impacts would result to study alternative methods and criteria listing status of these and other ESUs from a critical habitat designation, even and may apply them in future (67 FR 6215; February 11, 2002). We if coextensive with other causes such as rulemakings designating critical habitat recently published final listing listing? What is the appropriate for these or other species. decisions for the two Chinook salmon, geographic scale for weighing the II. Summary of Comments and but not for the five ESUs of O. mykiss benefits of exclusion and benefits of Recommendations (70 FR 37160; June 28, 2005). Final designation? What is the best way to listing determinations for these five determine if the failure to designate an As described in agency regulations at ESUs are expected by December 2005 area as critical habitat will result in the 50 CFR 424.16(c)(1), in the critical (70 FR 37219; June 28, 2005). However, extinction of the species concerned?’’ habitat proposed rule we requested that the Consent Decree governing the We recognized that ‘‘[a]nswering these all interested parties submit written schedule for our final critical habitat questions involves a variety of comments on the proposals. We also designations requires that we complete biological and economic contacted the appropriate Federal, state, final designations for those of the seven considerations’’ and therefore were and local agencies, scientific ESUs identified above that are listed as seeking public input before issuing a organizations, and other interested of August 15, 2005. Because proposed rule. As we stated in the parties and invited them to comment on anadromous forms (i.e., ‘‘steelhead’’) of proposed rule that followed: ‘‘We the proposed rule. To facilitate public the five O. mykiss ESUs have been listed received numerous comments in participation we made the proposed since 1997–2000 (see summary in June response to the ANPR and considered rule available via the internet as soon as 14, 2004 Federal Register notice, 69 FR them during development of this it was signed (approximately 2 weeks 33103), we are now issuing final critical proposed rulemaking. Where applicable, prior to actual publication) and habitat designations for them in this we have referenced these comments in accepted comments by standard mail
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52490 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
and fax as well as via e-mail and the similar to public comments that we framework. In this notice we are internet (e.g., www.regulations.gov). In have responded to them through our announcing our intention to consider addition, we held four public hearings general responses below. For revising the designations as new habitat between January 13, 2005, and February readers’convenience we have assigned conservation plans and other 1, 2005, in the following locations: comments to major issue categories and management plans are developed, and Arcata, Rohnert Park, Sacramento, and where possible have combined similar as other new information becomes Santa Barbara, CA. We received 3,762 comments into single comments and available. Through that process we written comments (3,627 of which were responses. anticipate continuing to engage the form letters or in the form of e-mails interested public and affected Notification and General Comments with nearly identical verbiage) during landowners in an ongoing dialogue the comment period on the proposed Comment 1: Some commenters raised regarding critical habitat designations. rule. concerns or complained about the Comment 2: Some commenters In December 2004, the Office of adequacy of public notification and time disagreed with our decision to vacate Management and Budget (OMB) issued to comment. the February 2000 critical habitat a Final Information Quality Bulletin for Response: We made all reasonable designations for these ESUs. Peer Review establishing minimum peer attempts to communicate our Response: We believe that the issues review standards, a transparent process rulemaking process and the critical identified in a legal challenge to our for public disclosure, and opportunities habitat proposal to the affected public. February 2000 designations warranted for public input (70 FR 2664; January Prior to the proposed rule we published withdrawing that rule. Developing a 14, 2005). The OMB Peer Review an ANPR in which we identified issues cost-effectiveness approach, designed to Bulletin, implemented under the for consideration and evaluation, and achieve the greatest conservation at the Information Quality Act (Pub. L. 106– solicited comments regarding these least cost, is in keeping with long- 554), is intended to provide public issues and information regarding the standing Executive direction on oversight on the quality of agency areas and species under consideration rulemaking and is a responsible and information, analyses, and regulatory (68 FR 55926; September 29, 2003). We conservation-oriented approach to activities, and applies to information considered comments on the ANPR implementing section 4(b)(2) of the disseminated on or after June 16, 2005. during our development of the proposed ESA. In addition, we had new and better Prior to publishing the proposed rule we rule. As soon as the proposed rule was information in 2004 than we had in submitted the initial biological signed on November 29, 2004 (2 weeks 2000, such as the information of fish assessments of our Critical Habitat before actual publication in the Federal distribution and habitat use that was Analytical Review Teams (hereafter Register), we posted it and supporting generated by agency fishery biologists. referred to as CHART) to state co- information on the agency’s internet site The ESA requires that we use the best managers and asked them to review to facilitate public review, and we have available information, and the those findings. These co-manager provided periodic updates to that site distribution data is the best information reviews resulted in some changes to the (see ADDRESSES). In response to currently available. Finally, the CHARTs’ preliminary assessments (e.g., numerous requests—in particular from litigation challenging our 2000 revised fish distribution as well as plaintiffs as well as private citizens, designation also challenged the lack of conservation value ratings) and helped counties, farm bureaus, and state specificity in our designation of the to ensure that the CHARTs’ revised legislators in Washington—the original riparian area, leading us to consider findings (NMFS, 2004b) incorporated 60-day public comment period was whether there was a better approach the best available scientific data. We extended by 30 days (70 FR 6394; that was more consistent with our later solicited technical review of the February 7, 2005) to allow additional regulations and with the best available entire critical habitat proposal time for the public to submit comments information. (biological, economic, and policy bases) on the critical habitat proposals. Comment 3: Some commenters stated from several independent experts Additionally, we realize that the that we should wait to publish final selected from the academic and statute provides a short time frame for critical habitat designations until after scientific community, Native American designating critical habitat. Congress final listing determinations have been tribal groups, Federal and state agencies, amended the ESA in 1982 to establish made and the final hatchery listing and the private sector. We also solicited the current time frame for designation. policy is published. opinions from three individuals with In doing so, Congress struck a balance Response: The ESA states that the economics expertise to review the draft between the recognition that critical Secretary shall designate critical habitat, economics analysis supporting the habitat designations are based upon defined as areas within or outside the proposed rule. All three of the information that may not be geographical area occupied by the economics reviewers and one of the determinable at the time of listing and species at the time of listing and using biological reviewers submitted written the desire to ensure that designations the best available information (emphasis opinions on our proposal. We have occur in a timely fashion. Additionally, added). These designations follow that determined that the independent expert the ESA and supporting regulations statutory mandate and have been review and comments received provide that designations may be completed on a schedule established regarding the science involved in this revised as new data become available to under a Consent Decree. Also, the final rulemaking constitute adequate prior the Secretary. We recognize that where hatchery listing policy and final listing review under section II.2 of the OMB the designation covers a large determinations for several salmon ESUs Peer Review Bulletin (NMFS, 2005b). geographic area, as is the case here, the were published on June 28, 2005 (70 FR We reviewed all comments received short statutory time frame requires a 37160 and 37204) in advance of the from the peer reviewers and the public short period for the public to consider completion of this final critical habitat for substantive issues and new a great deal of factual information. We designation. For reasons described information regarding critical habitat for also recognize that this designation above in the ‘‘Background and Previous the various ESUs, and we address them takes a new approach by considering Federal Action’’ section, we are now in the following summary. Peer relative conservation value of different making final designations for those reviewer comments were sufficiently areas and applying a cost-effectiveness listed salmon and steelhead ESUs in the
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52491
Southwest Region that are subject to the of designation. For reasons described in species,’’ we need not confine ourselves Consent Decree and listed as of the date the section below on ‘‘Methods and to areas that are literally ‘‘occupiable’’ of this designation. Criteria Used to Identify Critical by the species in that we should Habitat,’’ we continue to believe that the designate riparian and upstream areas. If Identification of Critical Habitat Areas specific facts of salmon biology and life there are physical or biological features Comment 4: Several commenters history make CALWATER HSA essential to conservation to be found contended that we can only designate watersheds in California an appropriate within a broadly defined ‘‘geographical areas that are essential for species scale to use in delineating the ‘‘specific’’ area occupied by the species,’’ we have conservation. areas in which physical or biological the duty to delineate specific areas in a Response: Section 3(5)(A) of the ESA features are found. We also believe way that encompasses them. Some has a two-pronged definition of critical consideration of the impacts of argued that limiting the designation to habitat: ‘‘(i) the specific areas within the designation on an HSA watershed scale the stream channel fails to recognize the geographical area occupied by the results in a meaningful section 4(b)(2) biological and hydrological connections species, at the time it is listed * * * on balancing process. Moreover, between streams and riparian areas and which are found those physical or congressional direction requires that would lead to further degradation of the biological features (I) essential to the designations be completed in a very latter. Some commenters suggested that conservation of the species and (II) short time frame by a specified we use a fixed distance (e.g., 300 feet which may require special management deadline, ‘‘based on such data as may be (91.4 m) if a functional description is considerations or protection; and (ii) available at that time.’’ Given that short not used. Some requested that we adopt specific areas outside the geographical time frame and the geographic extent of the ‘‘functional zone’’ description for area occupied by the species, at the time salmon critical habitat, the HSA lateral extent used in the 2000 it is listed * * * upon a determination watershed was the smallest practicable designations (65 FR 7764; February 16, by the Secretary that such areas are area we were able to analyze. 2000), while other commenters felt that essential for the conservation of the Comment 6: Some commenters our reference to habitat linkages with species’ (emphasis added). As described believed we applied the definition of upslope and upstream areas was vague in this rule and documented in the ‘‘specific areas within the geographical and wondered whether we were reports supporting it, we have strictly area occupied by the species at the time actually using the old approach anyway. applied this definition and made the it is listed’’ too narrowly. In their views, Other commenters believed that using requisite findings. We requested and this led to two errors—failure to the line of ordinary high water or received comments on various aspects designate all ‘‘accessible’’ stream bankfull width was appropriate and of our identification of areas meeting reaches and failure to designate riparian noted that this would remove prior this definition and address those here. and upstream areas. Commenters felt Only those areas meeting the definition ambiguities about which areas were that the ‘‘best scientific data available’’ designated. Other commenters were considered in the designation support a conclusion that salmon and process. Comments regarding the supported the approach taken in this steelhead will occupy all accessible designation, to identify specific areas section 4(b)(2) process, in which we streams in a watershed during a period considered the impacts of designation occupied by the species and not broadly of time that can be reasonably construed designate ‘‘all areas accessible,’’ some and whether areas should be excluded, as ‘‘at the time it is listed.’’ One are addressed in a subsequent section. commenting that this was a more commenter stated that ‘‘[w]hether a rigorous assessment and more in Comment 5: In the proposed rule we particular stream reach is occupied keeping with the ESA. considered occupied streams within a cannot be determined with certainty CALWATER Hydrologic Subarea (HSA) based on ‘‘occupation’’ data alone, Response: The approach we took in as the ‘‘specific area’’ in which the especially for fragmented, declining, or the proposed designation is different physical or biological features essential depressed populations of fish.’’ The from the approach we took in the to conservation of the ESUs were found. commenter pointed to the rationale vacated 2000 designation for a variety of We also used these watershed provided in our 2000 rule for reasons. The ESA directs that we will delineations as the ‘‘particular areas’’— identifying occupied areas as all areas use the best scientific data available in the analytical unit—for purposes of the accessible within a subbasin (a 4th field designating critical habitat. Our section 4(b)(2) analysis. In the proposed watershed, using U.S. Geological Survey regulations also provide direction: rule we requested public comment on (USGS) terminology): ‘‘NMFS believes ‘‘[e]ach critical habitat will be defined whether considering exclusions on a that adopting a more inclusive, by specific limits using reference points stream-by-stream approach would be watershed based description of critical and lines as found on standard more appropriate. Some commenters habitat is appropriate because it (1) topographic maps of the area * * * believed that the watershed scale was recognizes the species’ use of diverse Ephemeral reference points (e.g., trees, too broad for making critical habitat habitats and underscores the need to sand bars) shall not be used in defining designations and suggested that a account for all of the habitat types critical habitat.’’ (50 CFR 424.12(c)). smaller watershed or a stream-by-stream supporting the species’ freshwater and With respect to our approach for approach was more appropriate. Some estuarine life stages, from small identifying ‘‘the geographical area commenters believed that we should headwater streams to migration occupied by the species,’’ we recognize conduct a reach-by-reach assessment in corridors and estuarine rearing areas; (2) that the available fish and habitat use their watersheds. takes into account the natural variability distribution data are limited to areas Response: Our ESA section 4(b)(2) in habitat use that makes precise that have been surveyed or where report (NMFS, 2005c) acknowledges mapping problematic (e.g., some professional judgment has been applied that the delineation of both specific streams may have fish present only in to infer distribution, and that large areas areas and particular areas should be as years with abundant rainfall) (65 FR of watersheds containing fish may not small as practicable, to ensure our 7764; February 16, 2000).’’ have been observed or considered. We designations are not unnecessarily Some commenters believe that in also recognize there have been many broad and to carry out congressional delineating ‘‘specific areas within the instances in which previously intent that we fully consider the impacts geographical area occupied by the unobserved areas are found to be
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52492 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
occupied once they are surveyed. designated, Federal agencies must species are inadequate for conservation, Nevertheless, we believe the extensive nevertheless meet their section 7 such that unoccupied areas are essential data compiled by agency biologists, obligations if they are taking actions in for conservation. We anticipate revising which was not available when we these areas that ‘‘may affect’’ the our critical habitat designations in the completed the 2000 designations, designated critical habitat in the stream. future as additional information represents the best scientific Even though these designations are becomes available through recovery information currently available restricted to the stream itself, we will planning processes. regarding the geographical area continue to be concerned about the Comment 8: Some commenters occupied by the species. Moreover, the same activities we have addressed in questioned the adequacy of our CHARTs had an opportunity to interact past consultations. identification of PCEs, in particular the with the state fish biologists with the Comment 7: Several commenters lack of specificity. California Department of Fish and Game believed we incorrectly applied the Response: To determine the physical (CDFG) to confirm the accuracy of the definition of ‘‘specific areas outside the or biological features essential to data. We also believe the approach we geographical area occupied by the conservation of these ESUs, we first have taken in this designation better species.’’ In the view of some, we failed considered their complex life cycle. As conforms to the regulatory direction to our duty under the ESA by not making described in the ANPR and proposed use ‘‘specific limits’’ for the designation. a determination that we had identified rule, ‘‘[t]his complex life cycle gives rise The approach we used in 2000 used as critical habitat enough areas to complex habitat needs, particularly subbasin boundaries to delineate (occupied and unoccupied) to support during the freshwater phase (see review ‘‘specific areas,’’ which arguably met the conservation. In the view of others, it by Spence et al., 1996).’’ We considered requirement to use ‘‘specific limits,’’ but was this failure that led to one of the these habitat needs in light of our we believe using latitude-longitude errors described in the previous regulations regarding criteria for endpoints in stream reaches, as we have comment—the failure to designate all designating critical habitat. Those done here, better adheres to the letter ‘‘accessible stream reaches.’’ Many criteria state that the requirements and spirit of our regulations. commenters expressed concern about essential to species’ conservation statements made in the press that the include such things as ‘‘space * * * With respect to our approach of change from ‘‘all areas accessible’’ to [f]ood, water, air, light, minerals, or limiting the designation to the occupied areas documented as occupied led to a other nutritional or physiological stream itself, not extending the 90-percent reduction in critical habitat. requirements * * * cover or shelter.’’ designation into the riparian zone or Other commenters supported the They further state that we are to focus upstream areas, we acknowledge that approach taken in this designation, to on the ‘‘primary constituent elements’’ our regulations contemplate situations identify specific areas occupied by the such as ‘‘spawning sites, feeding sites, in which areas that are not literally species and not broadly designate ‘‘all * * * water quality or quantity,’’ etc. In occupiable may nevertheless be areas accessible,’’ some commenting the ANPR and proposed rule we designated. Paragraph (d) of 50 CFR that this was a more rigorous assessment identified the features of the habitat that 424.12 gives as an example a situation and more in keeping with the ESA. are essential for the species to complete in which areas upland of a pond or lake Response: Section 3(5)(A)(I) of the each life stage and are therefore may be designated if it is determined ESA requires us to identify specific essential to its conservation. We that ‘‘the upland areas were essential to areas within the geographical area described the features in terms of sites the conservation of an aquatic species occupied by the species that contain (spawning, rearing, migration) that located in the ponds and lakes.’’ For this physical or biological features that may contain certain elements. designation, however, given the vast require special management Comment 9: In the proposed rule we amount of habitat under consideration considerations or protection. Section requested comments on the extent to and the short statutory time frames in 3(5)(A)(ii) requires that specific areas which specific areas may require special which to complete the designation, we outside the geographical area occupied management considerations or could not determine ‘‘specific limits’’ by the species only fall within the protection in light of existing that would allow us to map with definition of critical habitat if the management plans. Several commenters accuracy what part of the riparian zone Secretary determines that the area is stated that lands covered by habitat or upstream area could be considered to essential for conservation. Our conservation plans or other management contain PCEs. As an alternative, we regulations further provide that we will or regulatory schemes do not require considered the approach we used in designate unoccupied areas ‘‘only when special management considerations or 2000, which was to designate riparian a designation limited to [the species’] protection. Others commented that even areas that provide function, but present range would be inadequate to where management plans are present, concluded that approach may not have ensure the conservation of the species there still may be ‘‘methods or been entirely consistent with the (50 CFR 424.12(e)).’’ The ESA requires procedures useful’’ for protecting the regulatory requirement to use ‘‘specific the Secretary to designate critical habitat features. limits.’’ We believe limiting the habitat at the time of listing. If critical Response: The statutory definition designation to streams will not habitat is not then determinable, the and our regulations (50 CFR 424.02 and compromise the ability of an ESA Secretary may extend the period by 1 424.12) require that specific areas section 7 consultation to provide for year, ‘‘but not later than the close of within the geographical area occupied conservation of the species. Section 7 such additional year the Secretary must by the species must contain ‘‘physical or requires Federal agencies to ensure their publish a final regulation, based on such biological features’’ that are ‘‘essential to actions are not likely to destroy or data as may be available at that time, the conservation of the species,’’ and adversely modify critical habitat. designating, to the maximum extent that ‘‘may require special management Actions occurring in the riparian zone, prudent, such habitat.’’ considerations or protection.’’ As upstream areas, or upland areas all have At the present time, we do not have described in the proposed rule, and the potential to destroy or adversely information allowing us to determine documented in the reports supporting it, modify the critical habitat in the stream. that the specific areas within the we first identified the physical or Although these areas are not themselves geographical area occupied by the biological features essential to
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52493
conservation (described in our believed that by not designating these metapopulation processes such as local regulations at 50 CFR 424.12(b)(5) as areas we will make it more difficult to extinction and recolonization, adding ‘‘primary constituent elements’’ or achieve fish passage in the future. They along with other commenters that many PCEs). We next determined the ‘‘specific further noted that excluding these streams have not been adequately areas’’ in which those PCEs are found presently blocked areas now may surveyed and species may frequent based on the occupied stream reaches promote habitat degradation that will stream reaches but not actually be within a CALWATER HSA watershed. hinder conservation efforts should observed by a biologist at the time that We used this watershed-scale approach passage be provided in the future. critical habitat is being assessed. to delineating specific areas because it Several commenters identified areas Response: We relied on distribution is relevant to the spatial distribution of above specified dams as being essential and habitat use information developed salmon and steelhead, whose innate for conservation. by our agency fishery biologists from a homing behavior brings them back to Response: At the present time, we do wide range of sources, including the spawn in the watersheds where they not have information allowing us to CDFG, to determine which specific were born (Washington Department of determine that the specific areas within stream reaches were occupied by each Fisheries et al., 1992; Kostow, 1995; the geographical area occupied by the ESU. The data sets we developed McElhany et al., 2000). We then species are inadequate for conservation defined occupancy based on field considered whether the PCEs in each nor that currently unoccupied areas observations from stream surveys, and, specific area (watershed) ‘‘may require above dams are essential for in some cases, professional judgment special management considerations or conservation. The Southwest Region is based on the expert opinion of area protection.’’ actively involved in a multi-year, large- biologists. In all cases the exercise of We recognize there are many ways in scale recovery planning effort in professional judgment included the which ‘‘specific areas’’ may be California that involves scientific teams consideration of habitat suitability for delineated, depending upon the biology (called technical recovery teams or the particular species. We received of the species, the features of its habitat TRTs) which are in the process of several comments on our proposed rule and other considerations. In addressing identifying ESU population structure, regarding the accuracy of the these comments, we considered whether population viability criteria, and ESU distribution data in specific locations, to change the approach described in our level biological viability or recovery and, where we could confirm that the proposed rule and instead delineate goals. These recovery planning efforts information provided by the commenter specific areas based on ownership. The are developing information which will was accurate, we accepted it as the best myriad ownerships and state and local inform our decisions about whether available information and adjusted our regulatory regimes present in any unoccupied habitat will be needed to designation. We view designation of watershed, as well as the timing issues facilitate conservation beyond what is critical habitat as an ongoing process discussed previously, made such an currently occupied by the ESUs and expect to adjust the designations as approach impractical for this addressed in this rulemaking. Until necessary as new information or rulemaking, as noted in section I, these efforts are more fully developed, improved methods become available. ‘‘Background and Previous Federal we cannot make the specific Comment 13: Some commenters Action,’’ above. While there are other determinations required under the ESA addressed the CHART process although equally valid methods for identifying to designate critical habitat in few recommended changes to the areas as critical habitat, we believe that ‘‘unoccupied’’ areas. We use our CHARTs’ ratings of watershed the watershed scale is an appropriate authorities under the ESA and other conservation values. Some supported scale for identifying specific areas for statutes to advocate for salmon passage the process used, in particular the salmon and steelhead, and for then above impassible dams where there is recognition that not all habitats have the determining whether the PCEs in these evidence such passage would promote same conservation value for an ESU and areas may require special management conservation. This is not the same, that this in turn allows for a more considerations or protections. We will however, as making the determinations meaningful exclusion assessment under continue to study this issue and required by the statute and our section 4(b)(2) of the ESA. One alternative approaches in future regulations to support designation. commenter contended that the CHART rulemakings designating critical habitat. Comment 12: In the proposed rule we assessments were compromised by Comment 10: One commenter stated requested comments regarding the use restricting them to consider only the that we could not designate any of professional judgment as a basis for stream channel rather than upslope unoccupied areas if we had excluded identifying areas occupied by the areas as well. any occupied areas, relying on the species. Some commenters indicated Response: The CHART process was an regulatory provision cited in a previous that it was appropriate to accept the important part of our analytical comment and response. professional judgment of fish biologists framework in that it allowed us to Response: The comment assumes that who are most familiar with fish habitat improve our analysis of the best all habitat areas are equivalent and within a watershed. Others believed that available scientific data and to provide exchangeable, which they are not. An limiting the definition of occupied watershed-specific conservation ratings area may be essential for conservation stream reaches to only those where fish useful for the Secretary’s exercise of because it was historically the most presence has been observed and discretion in balancing whether the productive spawning area for an ESU documented is overly narrow and fails benefits of exclusion outweigh the and unless access to it is restored, the to consider a number of conditions that benefits of designation under section ESU will not fully recover to the point affect species distribution, including 4(b)(2) of the ESA. We do not believe that the protections of the ESA are no natural population fluctuations and that designating only the stream channel longer necessary. This area will be habitat alterations that affect compromised the CHARTs’ ability to essential regardless of whether some accessibility or condition (e.g., de- assess watershed conservation values. other specific area has been excluded. watering stream reaches). These As noted in the CHART report, the Comment 11: Several commenters commenters also argued that defining CHARTs employed a scoring system to supported the designation of occupied reaches should be based on a assess (among other area characteristics) unoccupied areas above dams and some broad time scale that takes into account the quality, quantity, and distribution of
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52494 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
PCEs within a watershed. The PCEs we that costs associated with existing conservation burdens on economic have defined for these ESUs are found critical habitat designations for salmon activity are not, in fact, resulting from within occupied stream channels, and or other endangered species should be section 7 consultation, the economic therefore, it is appropriate to focus our considered baseline impacts. analysis may overstate costs of the assessment on those areas. The CHART Response: Regarding costs associated designation. We took this possibility scoring did include a factor related to with listing and application of ESA into account in conducting the 4(b)(2) the potential improvement of existing section 7’s jeopardy requirement, the balancing of benefits. Conservation PCEs and thereby allowed the CHARTs economic analysis follows the direction efforts clearly engendered by other to consider the ability of a watershed to of the New Mexico Cattlegrowers regulations are included in the contribute PCEs via natural processes decision, in which the Court of Appeals regulatory baseline. For example, such as recruitment of large wood and for the Tenth Circuit called for ‘‘a full Federal lands management activities in substrate, flow regulation, floodplain analysis of all of the economic impacts the Northwest Forest Plan planning area connectivity, etc. We recognize that of a critical habitat designation, are affected by PACFISH. As a result, salmon habitat is dynamic and that our regardless of whether those impacts are some projects that would have affected present understanding of areas attributable coextensively to other salmon habitat will not be proposed, important for conservation will likely causes (New Mexico Cattle Growers’ and therefore will not be subject to change as recovery planning sheds light Association v. U.S. Fish and Wildlife section 7 consultation. These changes in on areas that can and should be Service, 248 F.3d 1277, 10th Cir. 2001). projects are considered baseline and are protected and restored. We intend to Consistent with this decision, the not included as a cost of section 7 in the actively update these designations as economic analysis includes incremental economic analysis. needed so that they reflect the best impacts, those that are solely Commenters correctly note that there available scientific data and attributable to critical habitat are designations currently in place understanding. designation and would not occur protecting critical habitat for salmon Comment 14: Some commenters without the designation, as well as (e.g., Sacramento River winter run questioned whether the CHARTs coextensive impacts, or those that are chinook salmon, Central California considered the work of the various associated with habitat-modifying Coastal coho salmon). We Technical Recovery Teams (TRTs) and actions covered by both the jeopardy acknowledged this in our proposed rule, suggested that the CHART assessments and adverse modification standards but also noted that the presence of those should be reviewed by the TRTs. under section 7 of the ESA. We do not existing designations weighs equally on Response: Where information had think this overestimate of costs creates both sides of the 4(b)(2) balance—that been developed by the TRTs, the a bias in our 4(b)(2) balancing, however, is, the existing designations also could CHARTs did consider that information for two reasons. On the ‘‘benefit of be considered as part of the baseline for in their assessments. The CHARTs also designation’’ side of the balance, we determining the benefit of designation solicited input and comments from the consider the benefit of designation to be for the ESUs addressed in the present TRTs on their distribution and habitat the entire benefit that results from rule. This concern is also addressed by use information as well as their application of section 7’s requirements the cost-effectiveness approach we have watershed conservation assessments. regarding adverse modification of adopted since it relies on relative We believe, therefore, that we have been critical habitat, regardless of whether benefits of designation and exclusion able to integrate much of the TRT application of the jeopardy requirement rather than absolute benefits. findings to date into our final critical would result in the same impact. Comment 16: One commenter and one habitat designations. Given their Moreover, the cost-effectiveness peer reviewer noted that the economic priorities (i.e., providing crucial approach we have adopted allows us to analysis assigns costs to all activities recovery planning criteria and guidance) consider relative benefits of designation within the geographic boundary of the and the time constraints under which or exclusion and prioritize for exclusion HSA watersheds, though not all we needed to complete the critical areas with a relatively low conservation activities in this area will lead to an habitat assessments, TRT members value and a relatively high economic ESA section 7 consultation or are could not participate on the CHARTs cost. With such an approach it is most equally likely to have economic directly. We recognize that recovery important that we are confident our impacts. By doing this, the agency planning is an ongoing process and that analysis has accurately captured the assumed that if the stream reaches new information from the TRTs and relative economic impacts, and we currently occupied by salmon were recovery planning stakeholders may believe it has. designated as critical habitat, then result in changes to our critical habitat In many cases, the protections activities throughout the watershed assessments in the future. afforded by PACFISH, the Northwest would be affected, whether or not they Forest Plan and other regulations are are adjacent to critical habitat stream Economics Methodology intertwined with those of ESA section 7. reaches. Comment 15: Several commenters In cases where the specific regulation or Response: It is possible for activities stated that the economic analysis initiative driving the salmon and not directly adjacent to the proposed overestimated the actual costs of critical steelhead conservation efforts is stream reaches to affect salmon and habitat designation by including costs uncertain, we considered it as an ESA steelhead or their habitat (for example, that should be attributed to the baseline. section 7 impact and examined the by increasing risk of erosion or For example, commenters asserted that record of consultations with the affected decreased water quality), and, therefore, costs associated with listing and agencies and based our analysis on the such activities may be subject to application of the jeopardy requirement habitat protection measures routinely consultation and modification. Thus, we should not be included in the analysis. incorporated into the consultations. The believe the HSA watersheds represent a Commenters also asserted that costs that economic analysis therefore assumes reasonable proxy for the potential would have occurred under Pacific that the impacts of these types of habitat boundary of consultation activities. In Fisheries (PACFISH) or the Northwest protection measures are attributable to some cases the revised economic Forest Plan should be excluded from the the implementation of section 7. In analysis applies costs less broadly by analysis. One commenter also stated these instances, to the extent that refining the geographic scale for certain
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52495
activities. For example, the analysis of NMFS (NMFS 2005b), the economic economic impacts outside of the direct pesticide impacts has been refined and analysis does not explicitly analyze the effects of ESA section 7 or outside of the are now calculated based on occupied potential for these regional interactions watersheds subject to the economic stream mile estimates within a to introduce cumulative economic analysis. For example, state or local watershed. impacts. Data are not available to environmental laws may contain Comment 17: One commenter support such an effort, nor would the provisions that are triggered if a state- or asserted that the draft report inflates its results necessarily be applicable at the locally regulated activity occurs in cost estimates by repeatedly choosing level of a particular watershed. If these Federally-designated critical habitat. the high-end of a range of costs, while impacts in fact exist, our results are Another possibility is that critical a peer reviewer suggested using the likely to be biased downward, in that habitat designation could have ‘‘stigma’’ mid-range as a representative cost we have likely underestimated the costs effects, or impacts on the economic estimate was problematic. of critical habitat designation at the value of private land not attributable to Response: In determining likely costs level of the ESU. At the level of a any direct restrictions on the use of the associated with modifications to watershed, however, the potential error land. Our economic analysis did not activities that would benefit salmon and is smaller. For this reason, we do not reveal significant economic impacts steelhead, the economic analysis believe the lack of a regional modeling from stigma effects for the designation identifies a range of costs using framework introduces a significant bias of salmon and steelhead. Further, available data from, for example, agency into the results for particular significant impacts of critical habitat on budgets, documented conversations watersheds. an industry may lead to broader regional with stakeholders, and published Comment 19: Several commenters economic impacts. All of these types of literature. The full range of costs of stated that the economic analysis impacts are considered in the analysis, these activities is presented in the underestimates the actual costs of the although it was not possible to estimate economic analysis, and individual rule by excluding several categories of quantitative impacts in every case. We watersheds are generally ranked in costs from the estimates. One took these considerations into account terms of cost impact by the midpoint of commenter stated that the New Mexico in balancing benefits under section the cost range, as opposed to the high Cattlegrowers decision specifically 4(b)(2). end. While we recognize that a formal requires a full analysis of all impacts, We acknowledge that designation of sample of projects costs based on the including those resulting from the critical habitat may also trigger impacts consultation record or other sources is species’ listing. One comment argued on customs, culture, or other wildlife a better approach in theory, available that assessment of impacts stemming species. We concluded that data were data did not allow such an approach. In from activities occurring outside the not presently available that would allow gathering the cost information that was designated area should be included, us to quantify these impacts, at the scale available, we avoided using outliers and including indirect and regional impacts. of this designation, for the economic sought to construct a typical range of Another commenter stated that the analysis. Our analysis was further costs. analysis should consider direct, circumscribed by the short time frames Comment 18: Some commenters indirect, and induced economic impacts available, and our primary focus on asserted that the economic analysis fails including: changes in property values, conservation benefits to the listed to account for regional economic property takings, water rights impacts, species that are the subject of this interactions between watersheds. One business activity and potential designation. We took this limitation into commenter stated that this would result economic growth, commercial values, account in the balancing of benefits in an overstatement of the costs, while county and state tax base, public works under section 4(b)(2). other commenters state that this would project impacts, disproportionate Comment 20: Several commenters underestimate the costs. One peer economic burdens on society sections, indicated that the economic analysis reviewer suggested using regional impacts to custom and culture, impacts should include a discussion of the economic models to address these to other endangered species, impact of changes in flow regimes on interactions. environmental impacts to other types of water users, specifically in the timing of Response: We acknowledge that wildlife, and any other relevant impact. water flow through dams and water modifications to economic activities Response: As noted in a previous withdrawal or diversion constraints. within one watershed may affect response, the Court in the New Mexico Among potentially affected water users economic activities in other watersheds. Cattlegrowers decision called for ‘‘a full are crop irrigators and other agricultural The economic analysis discusses the analysis of all of the economic impacts water users, regulators and consumers potential for regional economic impacts of a critical habitat designation, of public water supply in the region, associated with each of the potentially regardless of whether those impacts are and in particular, water users of the affected activities. Impacts are assigned attributable coextensively to other Central Valley Project and State Water to particular areas (watersheds) based causes.’’ (emphasis added) The Project, among others. Similarly, several on where they are generated as opposed economic analysis conducted for this commenters stated that the analysis to felt. That is, if the designation of a rule evaluated direct costs associated should include an analysis of impacts of watershed causes impacts in multiple with the designation of critical habitat changes to operations that result in nearby watersheds, and exclusion of the and includes: (1) Direct coextensive increased spill at hydropower dams on impact-causing watershed would impacts, or those that are associated the cost of power in the region. These remove those economic impacts from with habitat-modifying actions covered commenters are concerned that the region, the economic analysis by both the jeopardy (listing) and excluding these costs underestimates appropriately assigns the total cost adverse modification (critical habitat) total economic impact. One commenter impact to the impact-causing watershed. standards; and (2) direct incremental pointed out that low flow years and This method of assigning impacts is impacts, or those that are solely drought years are not considered in the most useful to us in deciding the attributable to critical habitat economic impacts, and consideration of relative cost-effectiveness of excluding designation. varying water year types is especially particular areas from critical habitat We acknowledge that designation of relevant to estimating impacts of designation. As we acknowledge in critical habitat may also trigger instream flow augmentation. Another
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52496 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
commenter pointed out that existing, Comment 21: Some commenters private, Federal, state and local entities. economically feasible alternate sources expressed concern that the economic One commenter stated that the increase of water may not be available to water analysis does not address cumulative in paperwork as a result of re-initiating users, and thus economic costs could be costs of multiple layers of regulation on consultation on potential impacts to large. One commenter estimated the economic activities. critical habitat for projects that have potential loss of agricultural income that Response: Our economic analysis already been through ESA section 7 would result from a reduction in water estimates costs associated with consultation is a major concern. availability to a specific region. One conducting ESA section 7 consultation Response: We do consider that all commenter stated that if requisite to ensure Federal agency actions are not activities may be subject to future minimum instream flows are developed likely to destroy or adversely modify consultation, regardless of whether past that correspond to the proposed critical critical habitat. We did not have consultation occurred on these habitat designation, they could be information available at the scale of this activities. Designation of critical habitat analyzed using the CALVIN model designation to determine the marginal may result in reinitiating consultation developed by the University of cost or benefit of such a consultation, in on activities that were subject to California. addition to any state or local review that previous consultation to ensure that the Response: While economic impacts may occur, nor did the commenters adverse modification requirement is would clearly result from future changes provide data that would allow us to addressed in addition to the jeopardy to water supply availability, the amount make such a determination. requirement. The economic analysis of water within particular areas that Comment 22: One commenter stated estimates the level of administrative may be diverted from activities such as that the economic analysis fails to factor effort associated with ESA section 7 irrigation, flood control, municipal in subsidies given to industries such as consultations, whether those water supply, and hydropower, for the livestock grazing, hydropower consultations concern a new activity or purposes of Pacific salmon and operations, and irrigation activities, readdress the impacts of a previously steelhead conservation, and thus the which minimizes true costs to the reviewed activity. The revised economic requisite timing and volume of public. Another commenter further analysis includes a refined estimate of minimum instream flows, has not been stated that the analysis does not administrative costs associated with determined for most facilities. Many distinguish between several consultations on West Coast salmon and biological and hydrologic factors are countervailing cost elements, including steelhead. considered in determining flow ‘‘socialized costs’’ (costs Congress has Comment 24: Some commenters requirements through dams for Pacific decided that the public should bear, stated that the economic analysis salmon and steelhead, and the impacts such as costs to Federal activities), estimates impacts using a constant per- of altering flow regimes to meet these actual costs to private entities, incentive capita income basis and that doing so is requirements are highly site-specific. costs, subsidies, and offsetting costs. As likely to underestimate the impacts on For example, the impact of increasing a result, for Federal programs, the rural communities. spill at a hydropower project depends analysis miscategorizes activities that Response: Per-capita income is not on the level and timing of the spill, and benefit a small but favored sector of explicitly factored into the watershed on the method by which any lost power society, but that cause costs to the larger specific quantitative impact estimates in generation is replaced. Similarly, at a society. The analysis assumes that costs the economic analysis. The commenter water supply facility, the impact of to these activities are costs to society in is highlighting that equal costs in any increasing spill depends on the size and general. given watersheds will not likely result timing of the spill, but also depends on Response: The analysis attempts to in the same relative economic burden to the specific water rights held at the measure true social costs associated residents of those watersheds. This is facility and by downstream users, with implementing the final critical because the ratio of costs of the including the priority, volume, timing, habitat rule. To accomplish this, the designation to income may vary across and particular use of those water rights. analysis uses the measurement of the watersheds. In lower income areas, the The extent to which any future direct costs associated with meeting the cost of implementing modifications to changes in flow may be attributable to regulatory burden imposed by the rule projects for the benefit of salmon and the designation of critical habitat, as as the best available proxy for the steelhead may be more burdensome opposed to the listing or other wildlife- measurement of true social costs. We relative to higher income areas. We did related regulations, is also unclear. The agree that it is relevant to consider consider the extent to which costs of interrelated nature of dam and diversion appropriate countervailing or net cost designation within a watershed are projects with hydrology across river impacts, where possible, in determining likely to be borne locally. In addition, systems makes it very difficult to the benefit of exclusion. Where data are information on distribution of wealth attribute flow-related impacts for available, our analysis attempts to across the designation is provided salmon and steelhead conservation to capture the net economic impact (i.e., contextually in the economic analysis specific watersheds. As a result, a the increased regulatory burden less any and this information is weighed in comprehensive prospective analysis of discernable offsetting market gains), of considering the benefits of exclusion of the economic impacts of potential ESA section 7 efforts imposed on particular areas. restrictions on water use by these regulated entities and the regional Comment 25: One commenter stated activities would be highly speculative. economy. For example, in the economic that the analysis does not attempt to We acknowledge this limitation of the analysis, the revised impact estimates explain or quantify with any level of economic analysis. However, the for pesticide use restrictions explicitly precision what additional costs are revised economic analysis does include net out agriculture subsidy payments in required by ESA section 7 consultation an expanded discussion of what is the estimation of lost agricultural for design and/or operational known about the potential impacts of profits. modifications or mitigation measures. changes in flow regimes on hydropower Comment 23: Several commenters Response: The economic analysis production and prices and water indicated that the designation of critical focused on the impacts of section 7 diversions on irrigation based on habitat will impose an administrative consultation on economic activities by historical examples. burden on affected parties, including first identifying the types of activities
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52497
occurring that may be subject to section within each of the particular areas in the order to complete the designations in a 7 consultation. The analysis then proposed critical habitat designation. timely fashion. estimated the regulatory burden placed Comment 27: One comment letter Comment 29: Several commenters and upon these activities as a result of questioned whether there exists an a peer reviewer expressed concern that section 7 consultation. The burden acceptable or unacceptable level of the economic analysis failed to consider estimate is based upon a review of past negative economic impact to the full range of economic benefits of modifications to those activities communities, landowners, or local salmon habitat conservation, and undertaken for the benefit of salmon governments and whether the therefore, provided a distorted picture and steelhead, interviews with NMFS’ government must consider the impacts of the economic consequences of consulting biologists, affected parties, that their decisions will have on local designating versus excluding habitat and available documents and literature. economies. areas. Similarly, commenters expressed This research on the potential costs of Response: The economic analysis concerns that the economic impact of these modifications then determined a provides information regarding the not designating particular areas to typical range of costs for potential impact to potentially affected economic fishers and investors in recovery efforts project modifications that may be activities of the proposed critical habitat should be considered in the economic associated with section 7 consultation designation. This information was used analysis. Commenters specifically cited in the future. to identify the particular areas according the lack of consideration in the Comment 26: One commenter stated to their relative cost burden. We then economic analysis of the potential that the economic analysis relied weighed this information against the benefits of critical habitat designation extensively on the agency’s consultation relative conservation value of the on: (1) Decreased risk of extinction; (2) history for economic impact estimates. particular areas considering the benefits to other aquatic and riparian economic and any other relevant impact Similarly, another commenter asserted species; (3) water quality; (4) flood of designating critical habitat. Further, that past costs are not good indicators of control values; (5) recreation; (6) concurrent with the economic analysis, future costs due to streamlining of the commercial fishing; (7) fish harvest for we prepared an analysis of potential consultation process (for example, for tribal uses; and (8) increased public impacts to small entities, including fire management) on Federal lands. One education. small businesses and government. This Response: As described in the commenter stated that the economic analysis identified the number of small economic analysis and ESA section analysis assumes that the population businesses and governments likely 4(b)(2) report, we did not have growth and economy of the impact areas impacted by the proposed critical information available at the scale of this are stagnant. The analysis should habitat using county-specific data on the designation that would allow us to evaluate population and economic ratio of small businesses to total quantify the benefits of designation in growth on a regional, State, and county businesses in each potentially affected terms of increased fisheries. Such an basis, and evaluate the degree to which economic sector. estimate would have required us to the listing of salmon and steelhead may Comment 28: Some commenters determine the additional number of fish have contributed to any population and stated that the economic analysis used likely to be produced as a result of the economic decline. data that are overly broad or made designation, and would have required Response: The economic analysis assumptions across geographic areas us to determine how to allocate the does not solely rely on the consultation that are too far reaching. For example, economic benefit from those additional history to estimate economic impacts. one commenter stated that the economic fish to a particular watershed. Instead, The analysis includes estimated costs analysis assumes that the necessity and we considered the ‘‘benefits of associated with compliance with scope of modifications will be constant designation’’ in terms of conservation salmon conservation activities produced across ESUs for most activities, when in value ratings for each particular area by regulated entities, including private, reality, these are likely to vary (see ‘‘Methods and Criteria Used to state, and Federal agencies, as well as substantially. Designate Critical Habitat’’ section). We published literature, where information Response: For each activity, the also lacked information to quantify and was available. The economic analysis economic analysis examines the include in the economic analysis the does not uniformly assume that all probability of consultation and the economic benefit that might result from activities and associated consultations likelihood of modification. A variety of such things as improved water quality will occur at the same rate in future activity-specific information sources or flood control, or improved condition years as in past years. Instead, the were used to forecast the frequency and of other species. economic analysis projects the most geographic distribution of potentially Moreover, we did not have likely level of future activity using a affected activities. That is, frequency of information at the scale of this broad spectrum of planning documents, consultation was not always assumed to designation that would allow us to geographical data, and interviews with be uniform across ESUs. The economic consider the relative ranking of these planners and other stakeholders. analysis does not, however, assume that types of benefits on the ‘‘benefits of Further, the economic analysis does not costs increase in areas of overlapping designation’’ side of the 4(b)(2) balance. quantify retrospective impacts of ESUs. In other words, the presence of Our primary focus was to determine, salmon and steelhead conservation critical habitat for multiple ESUs is not consider, and balance the benefits of because the focus of the analysis is on expected to generate a greater impact designating these areas to conservation future impacts associated with the than if the particular area is critical of the listed species. Given the critical habitat areas identified in this habitat for only a single ESU. uncertainties involved in quantifying or rulemaking. It should also be noted that Examination of the consultation history even ranking these ancillary types of consultations conducted by NMFS do did not reveal differences in requests for benefits, we were concerned that their not include cost estimates of modification to projects (reasonable and consideration would interject an implementing recommended actions. prudent alternatives) among the ESUs. element of uncertainty into our primary The analysis also presents detailed We recognize, however, that the broad task. information on the current estimated scope and scale of the analysis required Comment 30: One commenter population and population density us to make simplifying assumptions in asserted that the economic analysis did
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52498 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
not consider the importance of included, including impacts from modification. The potentially burdened agriculture in California and how many projects such as Englebright Dam, parties associated with modifications to communities rely upon the agriculture Oroville Dam, and Santa Felicia Dam. activities are identified in the economic industry to survive. A number of Response: The historical record shows analysis. The BOR may, in fact, bear the commenters further stated that the evidence that modifications to cost of modifications to BOR dams, analysis should address impacts on hydropower projects in consideration of Federal land management activities, and agriculture of a judicially imposed listed salmon and steelhead can affect so forth. Where information is not moratorium on pesticide use near the level of hydropower generation and available on a per-project basis salmon-bearing streams. The inability to generating capacity, thus affecting regarding the potentially affected party, use pesticides on farmland could result power prices. Flow regimes for purposes the analysis takes a conservative directly in decreases in crop yields. of salmon and steelhead conservation approach, assuming that impacts may be More specifically, the commenters have been implemented at various borne by private entities, a portion of believed that the economic analysis projects associated with a number of which may be small entities. underestimates the impacts of the regulations, including the listing of Weighing the Benefits of Designation Washington Toxics litigation salmon and steelhead. As mentioned Versus Exclusion (Washington Toxics Coalition, et al. v. previously, however, the level of EPA, No. 04–35138) limiting pesticide increased flow or spill over the dams Comment 34: Several commenters use around salmon-supporting waters within particular areas that may be supported the use of a cost-effectiveness and suggests that the economic analysis requested associated with critical framework, one commenter explicitly should analyze the impact of this habitat for all hydropower projects is objected to it, and some commenters injunction. uncertain at this time, and a prospective had concerns with the way we applied Response: Regarding impacts to analysis of the impacts of such efforts it. One commenter asserted that the agricultural communities, we would be highly speculative. Many economic analysis ‘‘would have been considered impacts to small businesses biological and hydrologic factors are very different’’ if we had evaluated the in our Regulatory Flexibility Act considered in determining flow absolute conservation value of an area analysis. We did not otherwise requirements through dams for salmon ‘‘with or without [section] 7 separately consider economic impacts to and steelhead, and the impacts of requirements,’’ rather than relative various economically or culturally altering flow regimes to meet these conservation values. One commenter defined communities in the economic requirements are highly site-specific. asserted that ‘‘[w]ithout any target level analysis or in the ESA section 4(b)(2) For example, the impact of increasing of conservation for designation, the balancing process. For example, we also spill at a hydropower project depends framework does not guarantee that areas did not separately consider impacts of on the level and timing of the spill, and necessary for conservation will be designation or exclusion on coastal on the method by which any lost power designated.’’ Another commenter fishing communities. As with the generation is replaced. asserted that weighing quantitative consideration of ancillary The extent to which any future economic costs against qualitative unquantifiable benefits of designation changes in flow may be attributable to habitat ratings prejudiced the ESA described above, we were concerned the designation of critical habitat, as section 4(b)(2) analysis in favor of that including a consideration of these opposed to the listing or other wildlife- excluding areas lacking a high ancillary benefits of exclusion would related regulations, is also unclear. The conservation value. Several commenters inject an unacceptable level of interrelated nature of dam and diversion suggested that the 4(b)(2) process could uncertainty into our analysis. projects with hydrology across river benefit from more explanation regarding We agree that the draft economic systems makes it very difficult to how the process was applied. analysis did not adequately consider the attribute flow-related impacts from Response: We believe the comparison impact of pesticide restrictions on the salmon and steelhead conservation to of benefits provides the Secretary useful agricultural industry. The revised specific watersheds. We acknowledge information as to the benefits of any economic analysis therefore includes this limitation of the economic analysis. particular inclusion or exclusion. The refined estimates of potential lost profits The revised economic analysis includes Secretary has discretion in balancing the associated with reduced crop yields as an expanded discussion of the potential statutory factors, including what weight a result of implementing pesticide impacts of changes in flow regimes on to give those factors. The ESA provides restrictions across the critical habitat hydropower operations. the Secretary with the discretion to designation. The analysis assumes that Comment 32: One commenter stated exclude areas based on the economic the agricultural net revenue generated that the Initial Regulatory Flexibility impact, or any other relevant impact, so by land within certain distances of Analysis needs more citations regarding long as a determination is made that the salmon-supporting waters would be the applied sources of information. benefits of exclusion outweigh the completely lost. That is, the analysis Response: We have provided benefits of designation, and so long as assumes that no changes in behavior are appropriate citations in the Final the exclusion will not result in undertaken to mitigate the impact of Regulatory Flexibility Analysis. extinction of the species concerned. pesticide restrictions. This assumption Comment 33: One commenter stated Subsequent to publication of this rule, may lead to overestimated impacts of that the Small Business Regulatory we will undertake a review of the restricting pesticide use. On the other Enforcement Fairness Act (SBREFA) methods and criteria applied in this hand, the analysis may underestimate analysis assumes that most compliance rule. If the Secretary determines the the impact of pesticide restrictions by costs would be borne by third parties critical habitat designations should be assuming that farmers outside the when, in fact, a significant portion of all modified as a result of that review, we designated areas (e.g., upstream) will ESA section 7 related costs are not will propose a revised designation with not be restricted in their activities. borne by those entities, but rather are appropriate opportunity for notice and Comment 31: Several commenters borne by the Bureau of Reclamation comment. stated that impacts associated with (BOR). Comment 35: In the proposed rule we changes in the operations of the Response: In many cases it is identified a number of potential hydropower projects should be uncertain who will bear the costs of exclusions that we were considering but
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52499
were not at that time proposing, exclusions in designating critical habitat exclusion. In each case, we envision including Federal lands subject to the for the bull trout: ‘‘On October 6, 2004, that the planning and management Northwest Forest Plan and PACFISH. the FWS issued a final rule designating framework would be evaluated against a Many commenters opposed these critical habitat for the bull trout * * *. set of criteria, which could include at potential exclusions. Some disagreed The Secretary of the Interior found that least some or all of the following: that designation of critical habitat is a number of conservation measures 1. Whether the land manager has unnecessary or of diminished designed to protect salmon and specific written policies that create a importance in light of existing steelhead on Federal, state, tribal and commitment to protection or management constraints, contending private lands would also have appropriate management of the physical that such a position is contrary to the significant beneficial impacts to bull or biological features essential to long- ESA’s conservation purpose and our trout. Therefore, the Secretary of the term conservation of ESA-listed salmon implementing regulations and citing Interior determined that the benefits of and steelhead. recent court decisions bearing on this excluding those areas exceeded the 2. Whether the land manager has issue. Several commenters indicated benefits of including those areas as geographically specific goals for that because these ESUs are still listed, critical habitat. The Secretary of protection or appropriate management existing regulatory and voluntary Commerce has reviewed the bull trout of the physical or biological features mechanisms are inadequate and also rule and has recognized the merits of essential to long-term conservation of noted that we concluded as such in our the approach taken by the Secretary of ESA-listed salmon and steelhead. 2000 designations. Some commenters the Interior to these emerging issues.’’ 3. Whether the land manager has believed that the assumptions We acknowledged, in the proposed rule, guidance for land management activities underlying such exclusions were however, that we lacked the analysis to designed to achieve goals for protection unjustifiable and potentially disastrous propose these potential exclusions for or appropriate management of the for salmon recovery. Some commenters West Coast salmon and steelhead: At physical or biological features essential noted that the lack of specificity this time, the Secretary of Commerce to long-term conservation of ESA-listed salmon and steelhead. regarding which areas might be still ‘‘has not had an opportunity to 4. Whether the land manager has an excluded as well as the lack of clear fully evaluate all of the potential exclusions, the geographical extent of effective monitoring system to evaluate exclusion standards seriously hindered progress toward goals for protection or the public’s ability to comment on the such exclusions, or compare the benefits of these exclusions to the benefits of appropriate management of the physical proposed exclusions. In contrast, several or biological features essential to long- commenters supported the potential inclusion.’’ Our regulations require that our proposed and final rules provide the term conservation of ESA-listed salmon exclusions mentioned in the proposed and steelhead. rule. Some commenters contended that data upon which the rule is based (50 CFR 424.16; 50 CFR 424.18). 5. Whether the land manager has a designating critical habitat on these management framework that will adjust Federal lands was duplicative with Recently, in response to the Department of Interior’s request, a ongoing management to respond to existing ESA section 7 consultation monitoring results and/or external processes, inefficient (e.g., citing costs District Court has remanded the bull trout rule to the Department of Interior review and validation of progress of re-initiating consultation), and offers toward goals for protection or no additional conservation benefit to the for further rulemaking. Alliance for the Wild Rockies and Friends of the Wild appropriate management of the physical listed ESUs. One commenter believed Swan v. David Allen and United States or biological features essential to long- that excluding Federal lands would be Fish and Wildlife (CV 04–1812). In term conservation of ESA-listed salmon consistent with our exclusion of lands seeking the remand the Department of and steelhead. subject to Integrated Natural Resource Interior noted that it intends to 6. Whether the land manager has Management Plans (INRMPs) since reconsider the 4(b)(2) exclusions in the effective arrangements in place for existing land management plans provide proposed rule and that it recently issued periodic and timely communications similar protections. This commenter a Federal Register notice seeking with NOAA on the effectiveness of the also cited the USFWS’’ exclusion of comment on those exclusions (70 FR planning and management framework in Federal lands for bull trout (69 FR 29998; May 25, 2005). In response, we reaching mutually agreed goals for 59996; October 6, 2004) and provided received extensive comment from those protection or appropriate management information supporting the belief that supporting and opposing these potential of the physical or biological features we should make the same determination exclusions. Based on our review of the essential to long-term conservation of for salmon and steelhead ESUs. information received and the short time ESA-listed salmon and steelhead. Response: Section 4(b)(2) provides the between the close of the comment Comment 36: In the proposed rule we Secretary with discretion to exclude period and the court-ordered deadline requested comments on the potential areas from the designation of critical for completing this rulemaking, we are exclusion of lands subject to habitat if the Secretary determines that unable to conclude at this time that the conservation commitments by state and the benefits of exclusion outweigh the benefits of excluding these areas private landowners reflected in habitat benefits of designation, and the outweigh the benefits of designation, conservation plans (HCPs) approved by Secretary finds that exclusion of the with the exception of areas covered by NMFS. Some commenters (none area will not result in extinction of the two habitat conservation plans, however with NMFS-approved HCPs) species. In the proposed rule, and the discussed below. concurred with the potential exclusion reports supporting it, we explained the Nevertheless, we will continue to of lands covered by an HCP, believing policies that guided us and provided study this issue and alternative that we would not likely secure supporting analysis for a number of approaches in future rulemakings additional conservation benefits by proposed exclusions. We also noted a designating critical habitat. In designating these areas as critical number of additional potential particular, we intend to analyze the habitat. Some commenters exclusions, explaining that we were planning and management framework acknowledged the potential educational considering them because the Secretary for each of the ownership categories benefits of designation but asserted that of the Interior had recently made similar proposed for consideration for designating HCP lands could have an
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52500 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
unintended consequence of damaging achieved under the HCP. Designation from take, what steps the applicant will existing and future cooperative may also benefit the species by notifying take to minimize and mitigate such relationships. These commenters the landowner and the public of the impacts, and the funding available to additionally noted that HCPs have importance of an area to species’ implement such steps. The applicant already undergone extensive conservation. must have considered alternative environmental review and ESA section On the other side of the balance are actions and explained why other 7 consultation and been found to not the benefits of exclusion. We believe the alternatives are not being pursued, and likely jeopardize the species. primary benefits of exclusion are related we may require additional actions Several commenters disagreed with to the conservation benefits to the necessary or appropriate for the the potential exclusion of lands covered species that come from conservation purposes of the plan. Before an HCP can by HCPs, believing it would be contrary agreements on non-Federal land. If a be finalized, we must conclude that any to the ESA, and some cited recent landowner considers exclusion from take associated with implementing the litigation bearing on this issue (e.g., critical habitat as a benefit, exclusion plan will be incidental, that the impact Center for Biological Diversity v. Norton, may enhance the partnership between of such take will be minimized and 240 F. Supp. 2d 1090 (D. Ariz. 2003); NMFS and the landowner and thus mitigated, that the plan is adequately Gifford Pinchot Task Force v. FWS, 378 enhance the implementation of the HCP funded, and that the take will not F. 3d 1059 (9th Cir. 2004). One or other agreement. If other landowners appreciably reduce the likelihood of the commenter did not support such also consider exclusion from critical survival and recovery of the species in exclusions because of the belief that habitat as a benefit, our willingness to the wild. The HCP undergoes there are no guarantees the plans will exclude such areas may provide an environmental analysis under the remain in place when, for example, incentive for them to seek conservation National Environmental Policy Act ownership changes or landowners agreements with us. Improved (NEPA), and we conduct a section 7 change their minds. Some commenters implementation of existing consultation with ourselves to ensure believed that we failed to adequately partnerships, and the creation of new granting the permit is not likely to describe the benefits of designation as conservation partnerships, would jeopardize the continued existence of they pertain to these potential ultimately benefit conservation of the the species or destroy or adversely exclusions. species. modify designated critical habitat. Response: The analysis required for Conservation agreements with non- Based on comments received, we these types of exclusions, as with all Federal landowners enhance species could not conclude that all landowners others, first requires careful conservation by extending species’ view designation of critical habitat as consideration of the benefits of protections beyond those available imposing a burden on the land, and designation versus the benefits of through other ESA provisions. ESA exclusion from designation as removing exclusion to determine whether benefits section 7 applies only to Federal agency that burden and thereby strengthening of exclusion outweigh benefits of actions. Section 7 consultation the ongoing relationship. Where an HCP designation. The benefit of designating requirements protect listed salmon and partner affirmatively requests critical habitat on non-Federal areas steelhead on Federal lands and designation, exclusion is likely to harm covered by an approved HCP or another whenever a Federal permit or funding is rather than benefit the relationship. We type of conservation agreement depends involved in non-Federal actions, but its anticipate further rulemaking in the upon the type and extent of Federal reach is limited. The vast majority of near future to refine these designations, activities expected to occur in that area activities occurring in riparian and for example, in response to in the future. Activities may be initiated upland areas on non-Federal lands do developments in recovery planning. In by the landowner, such as when the not require a Federal permit or funding order to aide in future revisions, we will landowner seeks a permit for bank and are not addressed by section 7. In affirmatively request information from stabilization, water withdrawal, or contrast, instream activities generally do those with approved HCPs regarding the dredging. Where the area is covered by require a Federal permit, and therefore, effect of designation on our ongoing an HCP, the activity for which a permit are subject to the requirements of partnership. We did not consider is sought may or may not be covered by section 7. The ability of the ESA to pending HCPs for exclusion, both the HCP. For example, an HCP covering induce landowners to adopt because we do not want to prejudge the forestry activities may include conservation measures lies instead in outcome of the ongoing HCP process, provisions governing construction of the take prohibitions of sections 9(a) and because we expect to have future roads, but may not include provisions and 4(d). Many landowners have chosen opportunities to refine the designation governing bank stabilization or pesticide to put conservation plans in place to and consider whether exclusion will application. The activity may be avoid any uncertainty regarding outweigh the benefit of designation in a initiated by the Federal agency without whether their actions constitute ‘take’. particular case. any landowner involvement, such as Beginning in 1994, when we released Comment 37: We received a request when a Federal agency is involved in our draft HCP Handbook for public from the Sonoma County Grape Growers building a road or bridge, dredging a review and comment, we have pursued Association and the United navigation channel, or applying a policies that provide incentives for non- Winegrowers for Sonoma County to pesticide on Federal land upstream of Federal landowners to enter into consider a determination to exclude all the HCP-covered area. In analyzing the cooperative partnerships, based on a occupied areas in Sonoma County from benefits of designation for these HCP- view that we can achieve greater critical habitat for California coastal covered areas, we must consider which species’ conservation on non-Federal chinook and central California coast O. Federal activities are covered by the land through HCPs than we can through mykiss based on the conservation value HCP and which are not. Where activities coercive methods (61 FR 63854; of a suite of cooperative and voluntary are covered by the HCP, we must December 2, 1996). Before we approve conservation efforts being implemented consider whether an ESA section 7 an HCP and grant an incidental take and developed by local government and consultation on that particular activity permit, we must conduct a rigorous the private sector, primarily the would result in beneficial changes to the analysis under ESA section 10. The HCP viticultural industry, in Sonoma proposed action over and above what is must specify the impact likely to result County.
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52501
Response: These efforts may currently reasons described in the ‘‘Exclusions instead reflects the practical result of provide a significant conservation Based on Impacts to Tribes’’ section following the ESA’s balancing of benefit to the listed species, and offer below. benefits as required under section the promise of even greater benefits in Comment 39: A few commenters 4(b)(2). We are hopeful that the the future. The measures include the addressed our assessment of INRMPs information gathered and the analyses Vineyard Erosion and Sedimentation and the exclusion of Department of conducted to support these final Control Ordinance adopted by the Defense (DOD) areas due to impacts on designations (such as species Sonoma County Board of Supervisors; national security. DOD agencies distribution, watershed conservation the Fish Friendly Farming Program; the supported the exclusion of military value, and economic impacts from North Sonoma County Agricultural lands based on both the development of section 7 consultations) will be viewed Reuse Project; the planned Russian INRMPs as well as national security as valuable resources for local recovery River Property Owners Association impacts, while other commenters did planners. As recovery planning Fisheries Management Plan; the not support such exclusions. One proceeds and we determine that Integrated Pest Management/Organic commenter argued that we should not additional or different areas warrant Grape Production initiatives; and the use the general ‘‘national security’’ designation or exclusion, we can and Code of Sustainable Winegrowing language in ESA section 4(b)(2) to will make needed revisions using the Practices. The submission can be found remove our obligation to comply with same rulemaking process. electronically at http:// the demand for adequate INRMPs. Comment 41: Several commenters swr.nmfs.noaa.gov/. Response: Pursuant to section asked for clarification regarding how we The request suggests the benefits of 4(a)(3)(B)(i) of the ESA (16 U.S.C. will make adverse modification excluding the area covered by these 1533(a)(3)(B)(i)), we contacted the DOD, determinations in ESA consultations. measures from critical habitat may and, after evaluating the relevant One commenter also suggested that a outweigh the benefits of including it as INRMPs, we concluded that, as finding of adverse modification would critical habitat because it provides implemented, they provide conservation need to be contingent on the habitat conservation measures on private land benefits greater than or equal to what conditions existing at the time of in an area dominated by private would be expected to result from an designation. They noted that, where ownership, which is generally beyond ESA section 7 consultation. We also such conditions are the result of past the reach of ESA section 7, and may determined that two of these INRMP and present management actions, and therefore provide a greater benefit for sites (Camp Pendleton and Vandenberg where those existing conditions would the species than a critical habitat Air Force Base) should be excluded not be altered through proposed future designation. Private landowners would from designation due to potential actions, it is their belief that be encouraged to participate in these impacts on national security. See the consultation on such future actions voluntary programs if their lands were ‘‘Military Lands’’ and the ‘‘Exclusions would result in a ‘‘no adverse excluded from critical habitat. Based on National Security Impacts’’ modification’’ determination. We received this request on July 21, sections below. Response: In Gifford Pinchot Task 2005, so we did not have time to Force v. United States Fish and Wildlife Effects of Designating Critical Habitat evaluate this request as part of this Service, 378 F. 3d 1059 (9th Cir. 2004), rulemaking process, and could not defer Comment 40: Some commenters the Court of Appeals for the Ninth the rule to accommodate a review noted that the success of watershed Circuit Court ruled that the USFWS’ because we are under court order to management and restoration efforts is regulatory definition of ‘‘destruction or submit this final rule to the Federal dependent on critical habitat adverse modification’’ of critical habitat, Register by August 15, 2005. However, protections, noting that designations which is also NMFS’ regulatory we are committed to working with local assist local recovery planning efforts definition (50 CFR 402.02), is contrary governments and private landowners in and provide leverage in obtaining to law. Pending issuance of a new cooperative conservation efforts under funding and cooperation. Several regulatory definition, we are relying on Executive Order (E.O.) 13352 (August commenters expressed concern that the statutory standard, which relates 26, 2004). As stated above, we anticipate excluding areas from designation, critical habitat to conservation of the further rulemaking in the near future to particularly areas identified in existing species. The related point raised by one refine these designations. Accordingly, recovery efforts as important for salmon, commenter regarding the relevance of we expect to complete an evaluation of would undermine ongoing regional and habitat conditions at the time of listing the conservation benefits of the local recovery planning efforts by when making an adverse modification measures described by the Sonoma signaling that these areas are not determination cannot be answered in a County Grape Growers Association and important for recovery. generic way and would depend on the the United Wine growers for Sonoma Response: We acknowledge that facts associated with a specific County by the end of 2005. If we find critical habitat designations can serve an consultation. that in light of the conservation value of important educational role and that they Comment 42: Some commenters these measures, the benefit of excluding can assist local recovery planning and objected to the potential land use these private lands outweighs the implementation efforts. The ESA regulations that critical habitat benefits of including them as critical requires that we use the best available designation would prompt, citing habitat, we will act promptly to propose scientific data to evaluate which areas specific cases where local agencies have a revision to this designation. warrant designation and that we balance imposed buffers and/or other Comment 38: Some commenters the benefits of designation against the restrictions to protect ESA-listed fish. addressed the exclusion of Indian benefits of excluding particular areas. In Response: The ESA requires that we Lands. All of the commenting Tribes so doing, it is possible that some areas designate critical habitat and these and the Bureau of Indian Affairs (BIA) subject to ongoing restoration activities designations follow that statutory reiterated their support for the may have been excluded from mandate and have been completed on a exclusions. designation. However, such exclusions schedule established under a Consent Response: This final rule maintains do not indicate that the areas are Decree. Whether and if local the exclusion of Indian lands for the unimportant to salmon or steelhead, but jurisdictions will implement their
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52502 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
authorities to issue land use regulations alternatives in the context of the ESA (b)(3)(A); 50 CFR 424.16). As noted in is a separate matter and is not under our section 4(b)(2) process of weighing the response to Comment 1, we actively control. benefits of exclusion against the benefits sought input from all sectors beginning Comment 43: Several commenters of designation, we determined that our with an ANPR (68 FR 55926; September believed that we fail to (or inadequately) current approach to designation 29, 2003) and culminating in four public address required determinations related provides an appropriate balance of hearings to facilitate comment from the to a number of laws, regulations, and conservation and economic mitigation interested public in response to the executive orders, including the NEPA, and that excluding the areas identified proposed rule. In addition we met with Regulatory Flexibility Act, and Data in this rulemaking would not result in several local governments and made Quality Act. extinction of the ESUs. Our final ourselves available to meet with others. Response: Our response to each of regulatory flexibility analysis estimates (f) National Historic Preservation Act these issues are described below, and how much small entities will save in (NHPA)—One commenter asserted that we also direct the reader to the compliance costs due to the exclusions we failed to comply with the NHPA (16 ‘‘Required Determinations’’ section to made in these final designations. U.S.C. 470–470x–6). The NHPA does review our response to each of the (c) Data Quality Act—One commenter not apply to this designation. The determinations relevant to this asked if we had complied with the Data NHPA applies to ‘‘undertakings.’’ rulemaking. Quality Act. We have reviewed this rule ‘‘Undertakings’’ are defined under the (a) NEPA—We believe that in Douglas for compliance with that Act and found implementing regulations as ‘‘a project, County v. Babbitt, 48 F.3d 1495 (9th Cir. that it complies with NOAA and OMB activity or program funded in whole or 1995), cert. denied, 116 S. Ct. 698 (1996) guidance. in part under the direct or indirect the court correctly interpreted the (d) Negotiated Rulemaking Act (5 jurisdiction of a Federal agency, relationship between NEPA and critical U.S.C. 561 et seq.)—One commenter including those carried out by or on habitat designation under the ESA. The asserted that we should have engaged in behalf of a Federal agency; those carried Court of Appeals for the Ninth Circuit negotiated rulemaking to issue this final out with Federal financial assistance; rejected the suggestion that critical habitat designation. This is an those requiring a Federal permit, license irreconcilable statutory conflict or interesting idea and could be pursued in or approval; and those subject to State duplicative statutory procedures are the future critical habitat rulemaking. or local regulation administered only exceptions to application of NEPA However, because a court approved pursuant to a delegation or approval by to Federal actions. The court held that consent decree governs the time frame a Federal agency.’’ (emphasis added) (36 the legislative history of the ESA for completion of this final rule, we do CFR 800.16). The mandatory demonstrated that Congress intended to not feel that there was ample time to designation of specific areas pursuant to displace NEPA procedures with comply with the numerous processes the criteria defined in the ESA does not carefully crafted procedures specific to defined in the Negotiated Rulemaking constitute an ‘‘undertaking’’ under the critical habitat designation. Further, the Act for this rulemaking. For example, NHPA. Douglas County Court held that the the Negotiated Rulemaking Act provides (g) Farmland Protection Policy Act critical habitat mandate of the ESA that if the agency decides to use this (FPPA)—One commenter asserted that conflicts with NEPA in that, although tool it must follow Federal Advisory we failed to comply with FPPA (7 the Secretary may exclude areas from Committee Act procedures for selection U.S.C. 4201). The FFPA does not apply critical habitat designation if such of a committee, conduct of committee to this designation. The FPPA applies to exclusion would be more beneficial activities, as well as specific Federal programs. Federal programs than harmful, the Secretary has no documentation processes (See under the Act are defined as ‘‘those discretion to exclude areas from Negotiated Rulemaking Source Book, activities or responsibilities of a designation if such exclusion would 1990). department, agency, independent result in extinction. The court noted (e) Intergovernmental Cooperation commission, or other unit of the Federal that the ESA also conflicts with NEPA’s Act—One commenter asserted that we Government that involve: (A) demand for impact analysis, in that the did not properly and fully coordinate Undertaking, financing, or assisting ESA dictates that the Secretary ‘‘shall’’ with local governments and did not construction or improvement projects; designate critical habitat for listed comply with the Intergovernmental or (B) acquiring, managing or disposing species based upon an evaluation of Cooperation Act. First, the commenter of Federal lands and facilities. The economic and other ‘‘relevant’’ impacts, did not provide a statutory citation for designation of critical habitat does not which the court interpreted as narrower the Intergovernmental Cooperation Act. constitute a ‘‘Federal program’’ under than NEPA’s directive. Finally, the Although we are reluctant to speculate the FFPA. court, based upon a review of precedent on that Act, we believe the comment is (h) Unfunded Mandates Reform Act— from several circuits including the Fifth in reference to the Intergovernmental One commenter asserted that we failed Circuit, held that an environmental Cooperative Act, Public Law 90–577, 82 to properly conduct and provide an impact statement is not required for Stat. 1098 (1968) as amended by Public unfunded mandates analysis because, actions that do not change the physical Law 97–258 (1982) (codified at 31 the commenter contended, we based our environment. U.S.C. 6501–08 and 40 U.S.C. 531–35 decision solely on public awareness of (b) Regulatory Flexibility Act—We (1988)). This Act addresses Federal the salmon listings. This is not the case. have prepared a final regulatory grants and development assistance. In the proposed rule, we found that the flexibility analysis that estimates the Accordingly, we do not find it relevant designation of critical habitat is not number of regulated small entities to the mandatory designation of critical subject to the Unfunded Mandates potentially affected by this rulemaking habitat under the ESA. To the extent Reform Act (2 U.S.C. 1501 et seq.) and and the estimated coextensive costs of that the commenter’s concern is explained in detail why this is the case. section 7 consultation incurred by small assuring that state, local and regional (i) Federalism—One commenter entities. As described in the analysis, viewpoints be solicited during the asserted that we failed to properly we considered various alternatives for designation process, the ESA and our comply with E.O. 13132. In the designating critical habitat for these implementing regulations provides for proposed rule, we found that the seven ESUs. After considering these public outreach (16 U.S.C. 1533 designation of critical habitat does not
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52503
have significant Federalism effects as economic analysis did not require Response: The CHART considered defined under that order, and, therefore, revision. this comment and reviewed its original a Federalism assessment is not required. Comment 45: A few commenters assessments. It concluded that its We find nothing in the commenter’s questioned why there was no proposed original conservation value ratings were assertions to warrant changing our critical habitat connecting those appropriate based on the ranking original determination. portions of the mainstem Eel River in criteria that were used and the (j) Takings—One commenter disputed HSA 111142 with the high value habitat information that was available, and that our conclusion in the proposed rule that areas in the upper tributaries of the these areas met the definition of critical the designations would not result in a middle Fork Eel River in HSA 111172. habitat under the ESA. Accordingly, the taking. The commenter offered no Response: In the proposed rule, HSA conservation value ratings for these information or analysis that would watershed 111171 was proposed for HSA watersheds were not changed. exclusion based on high economic cost provide a basis for a different Based on the ESA section 4(b)(2) (high benefit of exclusion) and relatively conclusion. analysis conducted for the final rule, low benefit of designation. However, however, HSA 111423 (Mark West (k) Civil Justice Reform—One because the upper tributaries of the commenter asserted that we failed to Creek) in this Subbasin was excluded middle Fork Eel in HSA 111172 were from the final designation for this ESU. properly conduct and provide a Civil rated as having high conservation value, Justice Reform analysis pursuant to E.O. Comment 48: A property owners’ the mainstem middle Fork Eel in HSA association on the Russian River that 12988, the Department of Commerce has 111171 should have been designated as determined that this final rule does not controls land adjacent to portions of the a migratory corridor to provide Russian River in HSAs 111425 and unduly burden the judicial system and connectivity between critical habitat meets the requirements of sections 3(a) 111424 requested that its lands be farther downstream in the mainstem Eel excluded from the final designations for and 3(b)(2) of the E.O. We are River and the high value tributaries that California Coastal Chinook (and Central designating critical habitat in were proposed for designation. This was California Coast steelhead) because it accordance with the provisions of the an error that has been corrected in the has developed a Watershed ESA. This final rule uses standard final rule. The final designation Management Plan to manage its lands property descriptions and identifies the excludes HSA 111171 as was the case in and because the benefits of excluding its PCEs within the designated areas to the proposed rule, but designates the lands outweigh the benefits of including assist the public in understanding the mainstem of the middle Fork Eel River, them in the designation. habitat needs of the 12 salmon and which serves as a migratory corridor for steelhead ESUs. the high value upstream tributaries, as Response: We are very supportive of the development and implementation of ESU-Specific Issues critical habitat. Comment 46: A commenter this plan and have in fact participated ESU Specific Comments—California questioned the conservation ratings and in its development. However, we do not Coastal Chinook Salmon proposed designations for five of the think this plan qualifies as the basis for seven occupied HSAs comprising the excluding these lands from the final Comment 44: One private timberland Mendocino Coast Subbasin (HU 1113). designation for either ESU at present, owner commented that the freshwater The commenter specifically questioned since it is not completed. Once the plan distribution of Chinook salmon that we the historic and current presence of is completed, we will evaluate it to developed and used for their land Chinook in these watersheds and determine whether the benefits of ownership had errors in occupancy and/ thought any Chinook that did occur in excluding the habitat areas in question or upstream distribution limits. The these watersheds were likely strays from will outweigh the benefits of landowner provided us with other watersheds. designation. In making this assessment distribution information they had Response: The CHART considered we will evaluate the plan in the same developed for their ownership so that these comments and reviewed its manner as we would evaluate an the distribution information and original assessments. It concluded that approved habitat conservation plan (see resulting final critical habitat its original conservation value ratings Impacts to Landowners with designation for this ESU would be more were appropriate based on the ranking Contractual Commitments to accurate. criteria that were used and the Conservation section). If we determine Response: Following a review of this information that was available, and that that the benefits of exclusion outweigh new information by the CHART, we these areas met the definition of critical the benefits of designation, then we will incorporated it into our database and habitat under the ESA. Accordingly, the initiate the appropriate rulemaking to made changes in the mapped conservation value ratings for these refine the critical habitat designations. distribution of this ESU for the HSA watersheds were not changed. ESU Specific Comments—Northern commenter’s land ownership. The new Based on the ESA section 4(b)(2) California Steelhead information changed the distribution of analysis conducted for the final rule, Chinook in the following streams and however, HSA watershed 111350 Comment 49: Two private timberland Calwater HSAs: Maple Creek (110810), (Navarro River) in this Subbasin was owners commented that the freshwater Little River (110820), and the Mad River excluded from the final designation for distribution of steelhead that we (110920 and 110930). Overall, these this ESU. developed and used for their land changes in distribution were minor and Comment 47: One commenter ownership had errors in occupancy and/ increased the total occupied stream questioned the proposed designation of or upstream distribution limits. Both miles for this ESU by only 0.6 mi (1.0 critical habitat for this ESU in the landowners provided us with km). Based on a reassessment by the Austin Creek HSA (111412) and Mark distribution information they had CHART, these changes in distribution West HSA (111423), based on the view developed for their ownership so that did not change the occupancy status that neither watershed supported a the fish distribution information we (i.e. occupied to unoccupied or vice historically self sustaining run and that used for the final critical habitat versa) or conservation value of any of Chinook in both streams were most designation for this ESU would be more the affected HSAs, and therefore, the likely strays from other watersheds. accurate.
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52504 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
Response: Following a review of this unique to the San Francisco Bay area, therefore, we believe that the medium new information by the CHART, we and therefore, the CHART believes they conservation rating originally made by incorporated it into our database and require special management the CHART for this HSA watershed is made changes in the mapped considerations. The commenter has appropriate. The revised ESA section distribution of this ESU for the many programs in place that benefit 4(b)(2) exclusion analysis conducted for commenters’ land ownership. The new both creeks, but there are also many the final rule, however, considered information from one of the landowners unresolved habitat issues that remain to section 7 opportunities within HSA changed the distribution of steelhead in be addressed. For example, on Los watersheds and adjusted the benefits of the following streams and Calwater Trancos Creek a poorly designed fish inclusion in critical habitat accordingly. HSAs: Maple Creek (110810), Redwood ladder needs to be replaced, and several In the case of this HSA, this re- Creek (110720), Little River (110820), other fish passage issues remain. In consideration resulted in a reduced Mad River (110920 and 110930), and addition, NMFS and CDFG have assessment of the benefits of designating several small streams including Rocky discussed the inadequate bypass flows this watershed. Based on this revised Gulch, Washington Gulch, Jacoby Creek, on Los Trancos Creek below the benefit of designation in the final 4(b)(2) Freshwater Creek, and Salmon Creek commenter’s water diversion for the analysis, we have concluded that the (111000). Overall, these changes in past several years, but have yet to benefits of excluding this HSA from the distribution were minor and increased resolve the issue. Special management designation outweigh the benefits of the total occupied stream miles for this considerations are also necessary to designating it. Accordingly, this HSA ESU by only 1.1 mi (1.8 km). The address ongoing and expanding impacts watershed and the streams in question changes in distribution did not affect of urbanization on the San Francisco have been excluded from the final the occupancy or conservation value Peninsula. We considered the impacts critical habitat designation. rating for any of these HSAs. The new of designating the HSA watershed Comment 52: Several commenters information from the other landowner containing these creeks in the proposed raised issues concerning our proposal to changed the distribution of steelhead in rule and again using a revised procedure include the upper Alameda Creek the following streams and HSAs: SF Eel for the final rule. Based on the ESA watershed (which supports resident O. (111132, 111133), Usal Creek (111311), section 4(b)(2) analysis used for the final mykiss considered to be part of this Wages Creek (111312), Ten Mile River rule, we concluded that the benefits of ESU; see 69 FR 33101; June 14, 2004) in (111313), Mill Creek, Pudding Creek including this HSA watershed in the the critical habitat designation for this and the Noyo River (111320), Big River designation (medium conservation ESU. Comments ranged from support for (111330) and Salmon Creek (111340). value to the ESU) outweighed the designation of this watershed to Overall, this new information decreased benefits of excluding it from the requests that it not be designated. Issues the occupied stream miles for the ESU designation. On the basis of this were raised about the adequacy of the by approximately 17 miles and affected analysis, therefore, we do not think economic analysis supporting the ESA 8 HSAs. Based on a re-assessment by the there will be an unwarranted regulatory section 4(b)(2) analysis, the mapped CHART, these changes in distribution burden placed on these commenters or distribution of proposed critical habitat did not change the occupancy status any other entities that may need to in the watershed, the suitability of the (i.e. occupied to unoccupied or vice obtain Federal permits and consult with habitat in upper Alameda Creek for versa) or conservation value of any of NMFS in this HSA watershed. We steelhead, and the lack of access for the affected HSAs, and therefore, the acknowledge the comment that water steelhead. economic analysis did not require supply impacts were not considered in Response: We recognize that the revision. the proposed rule or in the revised upper Alameda Creek watershed (HSA 4(b)(2) process for the final rule, but we 220430) is not accessible to anadromous ESU Specific Comments—Central have addressed water supply impacts as steelhead; however, the CHART treated California Coast Steelhead a general issue in greater detail in the this watershed as occupied in the Comment 50: One commenter final economic analysis for this rule. analysis supporting the proposed rule requested that San Francisquito Creek Comment 51: One commenter argued because there are resident O. mykiss and Los Trancos Creek in HSA 220550 that Suisun and Wooden Valley Creeks populations in the upper watershed that be excluded from the critical habitat in HSA 220722 do not provide suitable we had previously proposed for designation for this ESU because of the habitat for steelhead and that inclusion in this ESU (69 FR 33101). In economic impact of designation and designation is not justified because its original analysis, the CHART because neither creek requires special surrounding HSAs were not proposed concluded that this watershed had high management considerations. A second for designation. conservation value to the ESU, commenter requested that San Response: We disagree with the contained the requisite PCEs to support Francisquito Creek not be designated commenter and believe that Suisun and the ESU, and that special management because of the regulatory burden and Wooden Valley Creeks currently considerations were required to protect because the economic impacts on water support a population of steelhead and these PCEs. Based on this assessment supply were not included in the do provide suitable habitat for rearing, and the original 4(b)(2) analysis which economic analysis. The second spawning and migration (and thus, the considered the benefits of including this commenter also identified a labeling PCEs that support these habitat uses). watershed against the benefits of error concerning West Union Creek. The reports cited by the commenter excluding it, we proposed to include it Response: We disagree with the first include a discussion of limiting factors in the designation, as well as a commenter and believe that these in Suisun Creek, but also include migratory corridor to San Francisco Bay streams do require special management several favorable findings regarding through a portion of the adjacent considerations. Both streams have steelhead habitat conditions in the watershed (HSA 220420) that was extensive zones of healthy riparian watershed. These findings suggest that proposed for exclusion. We recently vegetation and habitat and support there is suitable habitat for steelhead in invoked a statutory 6-month extension significant steelhead populations in the the watershed and that steelhead on our final listing determination for San Francisco Bay area. These relatively spawned in Suisun Creek in 2000–2001. this ESU (70 FR 37219) based on healthy habitats and populations are Based on the information available, concerns raised by the USFWS, and,
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52505
therefore, at the time of publication of Comment 55: One commenter argued regulatory costs and burdens on the city this final critical habitat rule, these that occupied habitat in HSA 220330 in beyond those already in place. The resident populations of O. mykiss will the east Bay of San Francisco should be commenter also raised concerns about not be included in this ESU and listed. designated as critical habitat for this the regulatory uncertainty associated Because our original proposal was ESU. with critical habitat because of the 2004 premised on the upper Alameda Creek Response: Occupied habitat Gifford Pinchot case. watershed being occupied by resident (Codornices Creek) in this HSA was Response: We disagree with the fish that were part of this ESU and a excluded from the proposed designation commenter and continue to believe that final listing determination concerning because the conservation value of this the benefits of including these streams these populations will not be made habitat was judged by the CHART to be in the critical habitat designation before December 2005, we have not low (low habitat quantity and quality, outweigh the benefits of excluding included this watershed in the final low restoration potential, no unique them. For the proposed critical habitat critical habitat designation for this ESU. attributes, and small population size), designation, the CHART evaluated the A decision about whether to designate and the economic benefits of excluding HSA watersheds containing the streams this watershed as critical habitat for this this habitat outweighed the biological identified by the commenter (HSAs ESU will be made concurrently with the benefits of designation. The CHART did 330411 and 330412) and concluded that final listing determination for this ESU not receive any new information to the occupied streams in both HSAs had in December 2005. change its previous determination, and, high conservation value for this ESU Comment 53: One commenter therefore, reaffirmed that it has low and that there was a need for special opposed inclusion of the Guadelupe conservation value and that its management consideration or River/Los Gatos Creek watershed in the exclusion would not impede the protections. Based on this assessment proposed critical habitat designation for conservation of this ESU. and the results of the ESA section this ESU. Comment 56: One commenter 4(b)(2) analysis conducted for the recommended that several additional, Response: The watershed (HSA proposed designation, including the but small, stream reaches in the San 220540) containing the upper portion of consideration of potential economic Francisquito watershed, as well as an Guadelupe River and Los Gatos Creek impacts, we concluded that the benefits unoccupied habitat above an impassable was not included in the proposed of designating the occupied streams in dam (Searsville Dam), be designated as designation. Occupied habitat in this both watersheds were higher than the critical habitat for this ESU. benefits of excluding them. The watershed was excluded from the Response: Based on a review of the commenter did not provide any new proposed rule based on the ESA section information provided by the scientific information to change our 4(b)(2) analysis which concluded that commenter, the CHART concluded that assessment of the benefits of designating the economic benefits of exclusion some additional stream reaches in this these streams, and thus we continue to outweighed the biological benefits of watershed should be considered believe they have a high biological value inclusion. The watershed unit (HSA occupied, meet the definition of critical to the ESU. As part of the 4(b)(2) 220550) which contains the lower habitat, and should be designated as analysis conducted for the final rule, portion of the Guadelupe River, critical habitat. Because this watershed however, we did reduce our assessment however, was included in the proposed was not excluded from the designation of the benefit of designating occupied designation. It is also included in the as a result of the final ESA 4(b)(2) habitat in these two HSA watersheds final critical habitat designation for this analysis, additional stream reaches because they both met a ‘‘low section 7 ESU because the biological benefits of qualifying as critical habitat have been leverage’’ profile, which we believed including the occupied stream habitat in added to the final designation. These reduced the benefits of section 7 this watershed outweigh the economic include: a short reach of Corte Madera consultation (see discussion in Critical benefits of its exclusion. Creek to the base of Searsville Dam, Habitat Analytical Review Teams Comment 54: One commenter argued approximately 2.5 mi (4 km) of West section). that Arroyo Corte Madera del Presidio Union Creek above the confluence with We continue to be supportive of the Stream in HSA watershed 220320 Bear Creek, a short reach of Bear Gulch commenter’s efforts to develop an HCP should be designated as critical habitat Creek up to the California Water Service and believe completion of an HCP that for this ESU because it is occupied by Upper Diversion Dam, a small portion of meets the requirements of section 10 of this ESU. The same commenter also Squealer Gulch above the confluence the ESA will provide substantial questioned the exclusion of HSA with West Union Creek, and a small benefits to steelhead and its habitat in 220330 from the proposed designation. portion of McGarvey Gulch above the these streams. However, negotiations are Response: Exclusion of this stream confluence with West Union Creek. still ongoing, and an HCP has not been from proposed critical habitat in HSA Comment 57: One commenter completed. Until an HCP is completed 220320 was the result of a technical requested the exclusion of several and an incidental take permit is issued, mapping error in the proposed rule. The streams in Hydrologic Unit 3304 from the potential conservation benefits to CHART evaluated this stream for the the critical habitat designation, steelhead and its habitat are uncertain. proposed rule and concluded it was including Laguna Creek, Liddell Creek, For this reason, we believe it is occupied and met the definition of Majors Creek, Arana Gulch, San Lorenzo premature to consider the potential critical habitat. Accordingly, it has been River, Branciforte Creek, Newell Creek, benefits of such a conservation plan in included in the final designation for this and Zayante Creek because the the 4(b)(2) analysis for this final ESU. Occupied habitat in HSA 220330 commenter believes the benefits of designation. Whether or not the was excluded from the proposed rule excluding these areas outweigh the commenter would experience an and in this final rule based on the benefits of designating them. The increased regulatory burden or higher results of the 4(b)(2) analysis, which rationale is that: (1) The commenter is costs with a critical habitat designation indicated the economic benefits of developing an HCP that will address in place is uncertain. Even without exclusion outweighed the biological these streams and a designation could critical habitat in place, the commenter benefits of including these stream hinder its completion; and (2) a is likely to incur costs associated with reaches in the designation for this ESU. designation would increase the ESA section 7 consultations,
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52506 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
development of an HCP, and/or efforts size of the San Benito River and its improve existing habitats within the San to avoid take. We did consider the contribution of habitat to the Pajaro Luis Obispo Creek watershed, though economic impacts of critical habitat River Basin, the level of section 7 some efforts were a result of regulatory designation in both the proposed and activity occurring in the watershed, and requirements to compensate for the final rules and in doing so analyzed the the San Benito River’s potential adverse effects of proposed actions. full costs of section 7 implementation, contribution to the recovery of this ESU. However, these conservation efforts not just the costs associated with critical Accordingly, we have included the San have been confined to localized areas habitat implementation. In approaching Benito watershed unit HSA 330550 in and provide no reliable ability to the economic analysis this way, we the final critical habitat designation. effectively protect existing suitable believe that we have likely overstated In the proposed critical habitat habitat for steelhead and improve the economic impacts of critical habitat designation, the CHART did conclude currently degraded habitats. We have designation. The final 4(b)(2) analysis that the unoccupied habitat above the not conducted a review to determine for this designation considered both the Uvas Creek Dam ‘‘may’’ be essential for whether the existing local conservation reduced benefit of including HSA conservation of this ESU. We recognize, and management efforts (e.g., watersheds 330411 and 330412 and the however, that there are several issues conservation easements, creek set-back final economic impacts for these related to providing fish passage over ordinance, sewer ordinance) contain watersheds. Based on our consideration this dam and also believe it is premature measures that would be expected to of this information, we concluded that to include this unoccupied habitat area protect existing suitable habitat for the benefits of designating the occupied in the critical habitat designation until steelhead, and, therefore, the possible stream reaches in HSAs 330411 and ongoing recovery planning efforts have benefits that existing management plans 330412, including the streams of progressed to the point where they may have for the conservation of concern to the commenter, outweighed support a determination that these areas steelhead and their habitat is unknown. the benefits of excluding them from the are essential to the conservation of this We have, however, reviewed the draft final designation. ESU. Creeks and Waterway Management Plan Comment 59: One commenter (i.e., the Environmental Impact ESU Specific Comments—South-Central questioned whether the apparent Coast Steelhead Statement), which describes exclusion of a portion of the drainage management and protection of streams Comment 58: One commenter into Morro Bay was based on a within the San Luis Obispo Creek questioned the conservation value of the consideration of land ownership. watershed, and concluded that many of San Benito watershed (HSA 330550) Response: The identification and the ‘‘management’’ activities (e.g., use of and also argued that unoccupied habitat conservation rating of occupied habitat rock riprap, removal of woody debris, areas above Uvas Creek Dam were not that was eligible for designation used creation or modification of channels, essential for the conservation of this only biological and ecological criteria, and in-channel detention ESU. including information regarding enhancements) in the plan would create Response: The San Benito watershed presence of steelhead and habitat unit (HSA 330550) was rated as having condition. Land ownership was not a conditions unfavorable for long-term medium conservation value to this ESU consideration in the conservation rating survival and reproduction of steelhead by the CHART based on factors used to process nor in the section 4(b)(2) within the San Luis Obispo Creek conduct the conservation value rating analysis that identified areas for watershed and, in turn, the entire ESU. and ranking effort. For the proposed exclusion based on a balancing of the Based on these considerations and other critical habitat ESA section 4(b)(2) benefits of designation against the information regarding activities analysis, therefore, we attributed a economic costs of designation. In potentially affecting steelhead habitat in medium benefit of designation to this reviewing the proposed critical habitat the San Luis Obispo Creek watershed, watershed unit. For the final designation maps in response to this we disagree with the commenter and designation, we conducted a revised comment, however, we discovered a continue to believe there is a need for 4(b)2 analysis that modified the technical mapping error in Los Osos special management considerations or biologically based conservation value Creek. An upstream portion of Los Osos protections of occupied stream habitat scores if they met a ‘‘low section 7 Creek was proposed for designation in in the San Luis Obispo Creek watershed. leverage’’ profile which we believe HSA 331023, but the lower portion of Accordingly, the final designation for reduce the benefits of section 7 the creek which enters into Morro Bay this ESU includes all occupied stream consultation (see discussion in Critical was inadvertently excluded from the reaches in HSA 331024, including San Habitat Analytical Review Teams designation. We have corrected this Luis Obispo Creek. section). In the case of HSA 330550, we error in the final designation. We acknowledge that the economic determined that there was relatively low Comment 60: One commenter analysis used in the ESA section 4(b)(2) section 7 leverage which reduced the recommended exclusion of San Luis analysis for the proposed designation benefits of section 7 consultation, and Obispo Creek from the designation for did not address water supply and flow therefore, reduced the benefit of this ESU based on the management modification related projects inclusion from medium to low. Based plans and existing agreements already adequately. The final economic analysis on this low benefit level and in place which provide protection for prepared for this designation addresses comparatively high economic costs the creek and steelhead. The commenter these issues more completely, though it associated with section 7 consultations also raised questions about the validity does not specifically address the water in this watershed unit, this watershed of the economic impact analysis used reuse project. Rather than understate the was considered for possible exclusion. for the proposed critical habitat costs of critical habitat designation, we However, the CHART reviewed the designation process in light of costs believe that the economic analyses available biological and other incurred as a result of ESA section 7 prepared for the proposed and final information for this watershed unit and consultation on a water reuse project. designations actually overestimate the concluded that its exclusion would Response: The commenter and other incremental economic costs associated impede the conservation of this ESU. local agencies have undertaken with critical habitat designation. In our This determination was based on the numerous efforts to conserve and economic analyses, we estimated the
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52507
total cost of ESA section 7 consultation that it is essential to the conservation of is no need for special management for specific project types anticipated to the ESU has not been made, it has considerations, and previous occur in the foreseeable future based on likewise not been included in the final determinations by Federal and State information from Federal agencies and designation. agencies have concluded that activities other sources. We believe that much of Comment 62: Another commenter at Oceano SVRA do not adversely the estimated costs can be attributable to argued that West Corral de Piedra Creek impact steelhead or their habitat. The the presence of listed fish and the is likely unoccupied by steelhead commenter cited the final draft HCP for jeopardy analysis in section 7 because of an impassable barrier on Arroyo Grande Creek as an existing consultation. Indeed, the costs cited by Pismo Creek downstream of West Corral mechanism for managing the creek, and the commenter for its water reuse de Piedra Creek (and the Righetti Dam), suggested designation of critical habitat project were associated with a section 7 and, therefore, should not be designated was unnecessary because it would cause consultation that addressed the as critical habitat. The commenter also confusion among stakeholders and presence of listed steelhead in the criticized the economic analysis for not agencies regarding the management of watershed, not critical habitat. Although addressing impacts on irrigation and the area for steelhead. Another consideration of critical habitat adverse instream flow resulting from critical commenter argued that designation of modification in the consultation on the habitat designation. Lastly, the the mouth of Arroyo Grande Creek may water reuse project may have resulted in commenter argued that habitat area impact recreational uses in that area, additional project changes, we do not above the Righetti Dam should not be and thereby result in significant think they are likely to be significant. designated. economic impacts to local governments Comment 61: Several commenters Response: The potential barrier in and businesses. were confused about whether West question is an existing fish ladder on Response: The CHART determined Corral de Piedra Creek, an upstream Pismo Creek downstream of West Corral that Arroyo Grande Creek met the tributary to Pismo Creek (HSA 331026), de Piedra Creek. The extent to which definition of critical habitat, and was was included in the proposed the ladder precludes adult steelhead is therefore eligible for designation, based designation, and whether areas above a unclear, but we do not think it is a on an extensive review of information, local dam (the Righetti Dam) on this complete barrier. There is existing including observations and information creek were included in the designation. information indicating the presence of obtained from site visits and field Some commenters also argued that juvenile steelhead in West Corral de studies. This information allowed the habitat above the Righetti Dam was of Piedra Creek downstream of Righetti CHART to identify the geographic areas high quality for steelhead and should be Dam and above the Pismo Creek ladder occupied by steelhead and confirm that included in the critical habitat which suggests steelhead can pass the the creek contains physical and designation. One commenter also existing fish ladder. In addition, direct biological features essential to requested that an unnamed tributary of observations of the fish ladder suggest it conservation. A draft HCP prepared by West Corral de Piedra Creek be is capable of passing adult steelhead the San Luis Obispo County Flood designated, while a second commenter even though the design is not ideal and Control and Water Conservation District requested that it not be designated. ladder operation may become impaired Zone 3 (District) provides information Response: West Corral de Piedra by inorganic and organic debris. Based regarding the quality and quantity of Creek was included in the proposed on the available information, therefore, habitats in Arroyo Grande Creek for designation and has also been included the CHART considered West Corral de steelhead and discusses the abundance in the final designation for this ESU. Piedra to be occupied habitat for of steelhead. Although this ESU has a The maps used to depict occupied steelhead up to, but not above, the broad geographic distribution, there are stream habitat and the proposed critical Rhigetti Dam. Accordingly, this reach of relatively few representative streams in habitat, however, did not properly label West Corral de Piedra is included in the the southern portion of the ESU where West Corral de Piedra Creek, hence the final critical habitat designation for this steelhead actively spawn and rear. confusion of the commenters. We have ESU. We acknowledge that the Arroyo Grande Creek is one of the few corrected this problem in the maps economic analysis prepared for the streams at the southern portion of the depicting the final designation. The proposed critical habitat designation did subject ESU where age-0 and older designated critical habitat in West not adequately address economic juvenile steelhead occur during summer Corral de Piedra Creek, however, does impacts related to changes in instream and fall, and sexually ripe adults occur not include habitat above the Righetti flow or agricultural flows. The final in winter and early spring. There are Dam. Although the habitat appears to be economic analysis made additional numerous streams in San Luis Obispo of high quality and would likely support efforts to address this issue, though County, but a disproportionate number steelhead spawning, we are uncertain potential flow changes at the Righetti in the southern portion of the subject whether adult fish can pass over the Dam was not a part of that analysis. As ESU currently do not appear suitable for dam. Accordingly, we treated the area noted in the previous response, the steelhead owing in part to improper above the Rhighetti Dam as unoccupied habitat area above the Righetti Dam is land-use activities. Arroyo Grande Creek habitat and, since a determination that not considered occupied by steelhead is one of the notable exceptions. On the it is essential to the conservation of the though habitat conditions are basis of this information, the CHART ESU had not been made, we have not considered favorable for steelhead determined that the HSA watershed included it in the final designation for spawning. For this reason, the habitat containing Arroyo Grande Creek had this ESU. In evaluating the areas of area above Righetti Dam is not included medium conservation value and that it occupancy, habitat conditions, and in the final designation of this ESU. was essential for the conservation of the conservation value of this HSA Comment 63: One commenter argued ESU. watershed, the CHART reviewed the that Arroyo Grande Creek should not be Based on information available to us, available information about the included in the designation because it is the only dam which is a full barrier to unnamed tributary to West Corral de not essential for conservation, numerous steelhead in Arroyo Grande Creek is Piedra Creek. The CHART concluded it dams on the creek have altered habitat Lopez Dam. Its presence and operation was unoccupied and had poor habitat conditions for steelhead, existing have certainly contributed to declines in conditions, and, since, a determination protections are in place and thus there the quality and quantity of habitat for
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52508 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
steelhead, but evidence indicates that migration corridor for steelhead was not available in all years, and occupancy of steelhead still use Arroyo Grande Creek likely to be diminished. the watershed will be on a more for spawning and rearing. More Comment 64: One commenter (CDFG) infrequent, rather than annual, basis. importantly, the effects of Lopez Dam recommended that the conservation Nevertheless, migration opportunities on steelhead and its habitat in Arroyo value of the HSA watersheds containing do occur in wet years when high flows Grande Creek underscore the need for Arroyo de la Cruz (HSA 331012) and breach the sand bar at the mouth of the special management considerations or San Carpoforo (HSA 331011) creeks Santa Maria River, and steelhead can protections in this watershed. should be high because of the quality and do migrate into the middle and The purpose of the HCP in question and quantity of steelhead habitat and upper reaches of the Sisquoc River is essentially to address the ‘‘take’’ of the potential risks to these resources in watershed where over-summering/ steelhead and other federally listed the future. rearing habitat and spawning habitat species associated with operation of Response: We agree with CDFG that occurs. Although rainbow trout may Lopez Dam, not to manage the Arroyo the quality of steelhead habitat is high well have been planted in some areas Grande Creek as a whole. More for both of these streams. However, the historically, we are not aware of any importantly, the current draft HCP does CHART considered a range of factors in current planting of fish except in not ensure that essential habitat assessing the conservation value of the Manzana Creek. Accordingly, we do not functions necessary for long-term HSA watersheds containing these believe the vast majority of steelhead in species survival would be attained streams, and on the basis of that the watershed are of hatchery origin. A through the proposed conservation analysis, concluded that a medium revised economic impact analysis was program. For instance, the flow regime conservation value was appropriate for prepared for the final critical habitat proposed in the draft HCP is both watersheds. Based on the available designation. Although it may not conditioned upon reservoir-operation information, we continue to believe that address all site specific potential constraints, and, therefore, is not these two HSA watersheds have a economic impacts within each HSA ecologically meaningful. The HCP medium conservation value to this ESU watershed, we believe this analysis does relative to other HSA occupied requires considerable revision before consider the vast majority of projected watersheds in the range of the ESU. being suitable for adoption in the activities which are subject to ESA Both HSA watersheds had a relatively application phase, and years may pass section 7 consultation in each low economic benefit of exclusion, and before it is ultimately approved and an watershed and that it provides a therefore, all occupied habitat in both incidental take permit issued. reasonable basis for conducting an ESA watersheds, including the two streams section 4(b)(2) analysis. More detailed The commenter is correct that we in question, are included in the final have determined through informal ESA responses to comments on the economic critical habitat designation for this ESU. analysis were presented earlier in this section 7 consultations with the U.S. final rule. Lastly, the designation of Army Corps of Engineers (COE) that off- ESU Specific Comments—Southern critical habitat for this ESU is not road vehicle crossings of the creek at the California Steelhead expected to affect recreational fishing mouth (a sandy tidally influenced area) Comment 65: Several commenters activities in this watershed because are not likely to adversely affect raised questions about whether or not such activities are not subject to section steelhead. However, the decision to the Sisquoc River and some of its 7 of the ESA and are unlikely to affect include Arroyo Grande Creek in the tributaries are occupied by steelhead, critical habitat. Nevertheless, such designation was not predicated on and whether there are PCEs to support activities do need to ensure that they do whether previous activities, such as off- steelhead in this watershed. At least one not result in the ‘‘take’’ of listed road vehicle use, did or did not commenter argued that any O. mykiss in steelhead. adversely affect the species. Rather, this watershed were hatchery plants. Comment 66: One commenter NMFS performed an extensive review One commenter criticized the economic questioned whether specific streams and analysis to identify those habitats analysis for the HSA containing the (Santa Agueda and Alamo Pintado, both that are essential for conservation of the Sisquoc River watershed, and another tributaries to the lower Santa Ynez River species and determined that Arroyo was concerned that recreational fishing in HSA 331440, and Santa Monica Grande Creek (including the creek in one tributary would be adversely Creek in HSA 331534) should be mouth) is one such habitat area for this affected by a critical habitat designation. designated as critical habitat. ESU. Inclusion of the creek mouth in Response: The CHART reconsidered Response: We have re-examined the the critical habitat designation is whether the Sisquoc River and its available information supporting the necessary because the mouth is an tributaries should be considered inclusion of these tributaries in the essential migratory habitat linking occupied based on the issues raised by proposed designation and concluded upstream spawning and rearing areas these commenters. Based on a that although these streams may with the ocean. reassessment of the available occasionally support steelhead, there is Based on our past consultation information (primarily the Stoecker and not sufficient information to consider experience in this area, we do not think Stoecker 2003 barrier assessment for the them occupied for the purposes of this that designation of the Arroyo Grande Sisquoc River), the CHART concluded designation process. Accordingly, these Creek, including the creek mouth, is that the Sisquoc River and its tributaries tributaries were not considered likely to result in restricted recreational (HSA 331220) should be considered occupied in the final critical habitat crossings of the creek mouth or cause occupied, and that this watershed designation and a determination that significant economic impacts to local contains PCEs supporting migration, they were essential to the conservation governments and businesses. Although spawning and rearing habitat. We of the ESU was not made, so they have not definitive on the outcome of future recognize that flows in the Santa Maria been removed from the final critical consultations, previous consultations River watershed are constrained by the habitat designation and associated involving such crossings have operation of Twitchell Dam and that maps. determined that steelhead were not migration opportunities into the Sisquoc Comment 67: Many commenters likely to be adversely affected and that River are limited. For this reason, responded to our request for comments the value of the creek mouth as a steelhead access to this watershed is not regarding the designation of unoccupied
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52509
habitat above Bradbury, Matilija, Accordingly, this habitat reach was habitat designation. For example, most Casitas, Santa Felicia and Rindge Dams. considered in the final ESA section of Thatcher Creek and Reeves Creek are Several commenters recommended that 4(b)(2) analysis and has been retained in presently inaccessible because of a these areas be designated because they the final critical habitat designation for passage impediment at Boardman Road are essential for the conservation of this this ESU. Efforts are underway to on Thatcher Creek, and, therefore, these ESU, while several other commenters improve fish passage at this culvert, and habitat reaches are clearly unoccupied were opposed to designating these the designation of critical habitat by steelhead at present. Similarly, unoccupied habitats. Some commenters downstream may support those efforts. steelhead access into Gridley Canyon were confused or misunderstood that If fish passage is successfully Creek, Senior Canyon Creek, and the we were only requesting information implemented at this location and lower portion of Thatcher Creek was and thought we had proposed to steelhead reoccupy Rincon Creek blocked until this past winter when designate these areas as critical habitat. upstream from the Highway 101 culvert, storms washed out a passage Response: As part of the proposed we will reconsider the possibility of impediment at the Soule Park golf rule development process, the CHART designating critical habitat in the newly course. Although the passage was asked to identify unoccupied areas occupied habitat area. impediment at the Soule Park golf above dams within the range of this ESU Comment 69: Camp Pendleton Marine course is no longer present, we have no that ‘‘may’’ be essential for its Corps Base and Vandenberg Air Force information at present indicating that conservation. Based on its assessment, Base both provided supplementary steelhead occur in the habitat reaches the CHART identified the unoccupied comments and information to support upstream of the former impediment to habitat found above the five dams listed the exclusion of their facilities from the migration. Based on this information, above. The proposed rule did not final critical habitat designation for this we concluded it is appropriate to include these unoccupied areas in the ESU, based on the conservation benefits consider all stream reaches in the upper proposed designation for this ESU, but provided by their respective INRMPs. San Antonio Creek watershed above the rather solicited public comment on our Both DOD facilities also provided Soule Park golf course to be unoccupied determination that these unoccupied information supporting the national for the purposes of this critical habitat areas ‘‘may’’ be essential for security related impacts of a critical designation. We have revised our fish conservation of this ESU. As stated habitat designation on their activities distribution maps accordingly and also elsewhere in this rule, we believe that and operations. removed these areas from the final it is premature to designate such areas Response: As discussed elsewhere in critical habitat designation. It should be at this time, and that any designation of this final rule, we have concluded that noted, however, that steelhead may now unoccupied areas above dams or in the INRMPs for both of these facilities begin to occupy areas above the Soule other areas must await the completion provide conservation benefits to this Park golf course, and that efforts are of technical recovery planning efforts steelhead ESU, and, therefore, the areas underway to provide fish passage for that are currently underway. Our subject to these INRMPs are not eligible steelhead at the Boardman Road expectation is that the technical for designation pusuant to section location. If steelhead do access these recovery planning process will provide 4(a)(3)(B)(i) of the ESA. Information currently unoccupied habitat areas, we the scientific foundation to support the provided by both DOD facilities will reconsider the exclusion of these inclusion of unoccupied habitat areas in concerning the impacts of critical areas from critical habitat for this ESU. any critical habitat designation. Once habitat designation on their activities Comment 71: Some commenters the technical recovery planning is and operations support the view that questioned the distribution of occupied completed, we intend to revisit the designation of habitat will likely reduce habitat and the proposed designation of designation of unoccupied habitat and the readiness capability of both the occupied habitat in Hydrologic Unit will use information provided by Marine Corps and Air Force, both of 4901, particularly with regard to the commenters to inform any subsequent which are actively engaged in training, upstream endpoints in San Juan Creek, proposal. maintaining, and deploying forces in the Trabuco Creek (a tributary of San Juan Comment 68: A large number of current war on terrorism. On this basis, Creek), and Devil’s Canyon (a tributary commenters were opposed to the we also concluded that the benefits of of San Mateo Creek). Other commenters inclusion of any portion of Rincon excluding these facilities from the supported the proposed designation of Creek in the critical habitat designation. critical habitat designation for this ESU habitat in the San Juan Creek and They argued that steelhead did not outweighed the benefits of designation. Trabuco Creek watersheds. occupy the stream, the habitat was Comment 70: Several commenters Response: We have reviewed the unsuitable, and the economic impacts of raised questions about steelhead access information provided by the designation would be significant. Some to, and occupancy in, upper San commenters, re-evaluated the commenters were confused and thought Antonio Creek (a tributary to the information used in developing the that Rincon Creek upstream from the Ventura River) and its tributaries (e.g., proposed designation, and also Highway 101 culvert had been Reeves, Thatcher, Gridley, Ladera, and consulted with CDFG regarding the proposed. Senior Canyon Creeks). These upstream limit of the distribution of Response: The proposed designation commenters argued that a migration steelhead in San Juan Creek and of Rincon Creek only included that impediment at the Soule Park golf Trabuco Creek. After considering this portion of the creek that is seaward of course blocks steelhead access upstream information, we have substantially the Highway 101 culvert. The culvert is and that the only occupied habitat in modified the upstream distribution considered a complete barrier to the San Antonio Creek watershed is limits of steelhead occupancy in steelhead migration, and therefore, areas downstream from that location. Trabuco and San Juan Creeks. upstream of the culvert are considered Response: We agree with the According to CDFG, the Trabuco Creek unoccupied. We continue to believe that commenters that steelhead access to crossing under I–5 in San Juan the lagoon and that portion of Rincon some portions of upper San Antonio Capistrano is a complete barrier to Creek seaward of the culvert is Creek watershed are in fact blocked and steelhead. Therefore, the occupied periodically occupied and meets the should not be considered occupied habitat reach in Trabuco Creek is now definition of critical habitat. habitat for the purposes of this critical considered to end at the I–5 crossing
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52510 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
which is in HSA 490127. As a result of Response: The CHART did not be designated because it is used for non- this distributional change, three HSA consider that portion of the Santa Clara natal rearing (HSA 551921). The watershed units in upper Trabuco Creek to be occupied, and we did not make a argument was that this habitat provides that were previously considered determination that it was essential for spawning, rearing and migration values occupied and proposed for designation the conservation of the ESU; thus it was for spring run Chinook that may require (HSAs 490121, 490123, and 490122) are not considered further in the critical special management considerations. no longer considered occupied. Because habitat analysis. Response: The HSA watershed these watersheds are not occupied and (551921) containing the lower American ESU Specific Comments—Central a determination that they are essential River was originally rated by the Valley Spring Run Chinook to the conservation of the species had CHART as having medium conservation not been made, they are not included in Comment 74: Two commenters value and was excluded from the the final critical habitat designation. provided information regarding the proposed designation because of The I–5 does not serve as a barrier to distribution of occupied spring run relatively high economic costs. In steelhead migration in San Juan Creek. Chinook habitat and habitat use, and response to these comments, the However, the upstream distributional recommended that additional critical CHART reassessed the conservation limit of steelhead according to CDFG is habitat be designated in the upper value of this HSA and determined that basically at the I–5 bridge based on the Sacramento River Basin for this ESU. it should be rated as having a high available anecdotal information. As a One commenter indicated that we conservation value to the ESU. result of this distributional change, should designate several west-side Information provided by the commenter three HSA watersheds upstream from tributaries to the upper Sacramento demonstrated the importance of the this location that were previously River in the vicinity of Redding (HSA lower American River for non-natal considered occupied and proposed for 550810) as critical habitat because these rearing and the high improvement designation (HSAs 491028, 490126, and streams provide significant non-natal potential of the habitat conditions from 490125) are no longer considered rearing and refugia habitat, especially ongoing restoration projects. In occupied; and, because a determination since Shasta and Keswick Dams block addition, the lower American River may that they are essential to the access to hundreds of miles of historic be used during high winter flows for conservation of the ESU has not been rearing and refugia habitat. Another rearing and refugia by multiple made, they are not included in the final commenter recommended that small populations of spring Chinook in the designation for this ESU. Those portions intermittent tributaries used for natal central valley (e.g., Feather and Yuba of Trabuco and San Juan Creeks that are rearing in the Sacramento River, as well Rivers). Additionally, the commenter occupied and occur in HSA 490127 as as lower Butte Creek, should be suggested that special management described above were considered designated as critical habitat. considerations may be required to eligible for designation and were Response: The CHART reviewed the maintain and improve habitat considered in the final ESA section information provided by these conditions and the conservation value 4(b)(2) analysis. Based on this analysis, commenters for the upper Sacramento of this HSA for spring run Chinook. In we concluded that the benefits of River tributaries and concluded that it particular, special management including the occupied habitat reaches did not change the previously considerations may be necessary to in HSA 490127 outweighed the benefits determined distribution of occupied address flood control, residential and of their exclusion, and, therefore, we habitat for this ESU. The CHART commercial development, agricultural have included these habitat areas in the reassessed the conservation value of management, and habitat restoration. final designation. occupied habitat in HSA 550810 based Based on the change in conservation Comment 72: One commenter on the new information and concluded value and the final ESA section 4(b)(2) questioned why Pole Creek, a tributary that the conservation value of some analysis, we concluded that all to the Santa Clara River, was included reach specific tributaries was less than occupied habitat in HSA 551921, in the proposed critical habitat previously thought to be the case, but including the lower American River, designation when the habitat conditions that the overall conservation value for should be designated as critical habitat were poor and there was little the HSA remained high. All occupied for this ESU. information indicating it was occupied. spring run Chinook habitat in HSA Comment 76: A commenter also Response: Based on information from 550810 was proposed for designation, recommended that the lower Bear River the commenter and observations by and, as a result of the final ESA section (HSA 551510) from the mouth of Dry agency biologists, we have reassessed 4(b)(2) analysis, this habitat has been Creek downstream to its confluence the appropriateness of including Pole included in the final designation for this with the Feather River be designated as Creek in the final designation. We ESU. The CHART agreed with the critical habitat because it is used for recognize that habitat conditions in Pole commenter that intermittent tributaries non-natal rearing and will require Creek are poor and upstream passage to the Sacramento River are used for special management to maintain habitat through the existing concrete channel in non-natal rearing and that lower Butte value for this ESU. the lower portion of the creek is highly Creek is important for the conservation Response: The HSA watershed unlikely. Accordingly, we have of this ESU. In fact, the CHART (551510) containing the lower Bear concluded that Pole Creek should be previously analyzed these occupied River was originally considered considered unoccupied. Because it is habitat areas and rated them as having unoccupied by the CHART, and its considered unoccupied and we have not high conservation value. These areas conservation value was not rated. Based made a determination that it is essential were proposed for designation and are on the information provided by the for conservation, it is not included in also included in the final designation commenter, the CHART has reclassified the final critical habitat designation. for this ESU. the lower Bear River as occupied habitat Comment 73: One commenter Comment 75: One commenter for spring run Chinook. Information questioned why critical habitat was not recommended that the lower American provided by the commenter indicates proposed in the Santa Clara River River from the outfall of the Natomas that the lower Bear River is used for upstream from its confluence with Piru Main Drainage Canal downstream to the non-natal rearing and that habitat values Creek. confluence with the Sacramento River are likely to increase in the near future
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52511
as a result of planned restoration used by spring Chinook; however, it has management, and habitat restoration. projects that will improve the condition been unoccupied for more than half a HSA 551540, which contains much of of several PCEs. The CHART applied the century. Moreover, plans to restore the lower Feather River below Oroville PCE factor ranking criteria and rated the flows and habitat conditions Dam, was rated as having high lower Bear River as having high downstream of Friant Dam are conservation value by the CHART for conservation value to this ESU, uncertain, and significant passage the proposed designation, and that primarily because: (1) the habitat area is impediments and flow alterations in the determination was not changed as a likely to be used by at least two San Joaquin above the Merced River result of these comments. Based on the populations (i.e., Feather and Yuba confluence present potentially results the final ESA section 4(b)(2) River); (2) non-natal rearing represents a significant obstacles to future analysis, occupied habitat in HSA unique life-history strategy that is restoration success. Because this habitat 551540, including the lower Feather essential for the conservation of the is currently unoccupied and no River below Oroville Dam, is included species (contributing to improved determination has been made that it is in the final critical habitat designation growth conditions); (3) the habitat essential for the conservation of this for this ESU. serves as a refugia from high water ESU, we have not included it in the Comment 79: Some commenters conditions and catastrophic events; and final critical habitat designation. contended that NMFS should not (4) there is high improvement potential The CHART reviewed information designate any critical habitat for spring for this habitat from ongoing restoration provided by the commenters regarding run Chinook in the Sacramento River, efforts. Based on information from the occupancy of the Tuolumne, Merced, its major tributaries (i.e. Feather River), commenter, the lower Bear River will and Stanislaus Rivers by spring Chinook the Sacramento-San Joaquin Delta, or require special management efforts to and concluded there was insufficient the Suisun-San Francisco Bay complex protect and maintain habitat values for data to consider them occupied. because existing protective efforts and this ESU. Special management Although the CHART did evaluate these mechanisms are sufficient to protect the considerations are likely to include as unoccupied areas for the proposed ESU. flood control, residential and critical habitat designation and Response: We disagree with these commercial development, agricultural concluded that they ‘‘may’’ be essential commenters. These habitat areas management, and habitat restoration. for the conservation of spring run comprise the entire freshwater and Because this HSA is now considered Chinook ESU, we believe it is premature estuarine range of this ESU, contain one occupied, contains the necessary PCEs, to include these unoccupied areas in the or more PCEs that are essential to the and has a need for special management critical habitat designation for this ESU conservation of the ESU, including considerations, it was considered until ongoing recovery planning efforts migration, holding, spawning, rearing, eligible for designation in the final ESA provide information sufficient to make a and refugia habitat, and require special section 4(b)(2) analysis conducted for determination that these areas are management considerations or this designation. Based on the results of essential to the conservation of this protections beyond those protective the final 4(b)(2) analysis, we concluded ESU. Because these tributary rivers to efforts that are already in place or that the benefits of including this area the San Joaquin River are currently available. For these reasons, they were in the designation outweighed the unoccupied and recovery planning considered for designation through this benefits of its exclusion. Accordingly, efforts do not yet support a rulemaking process. In the course of the occupied habitat in HSA 551510 is now determination that these areas are analysis supporting this rulemaking, we included in the final critical habitat essential for the conservation of this evaluated the quantity, quality and designation for this ESU. ESU, we have not included them in the diversity of PCEs within the occupied Comment 77: Several commenters final critical habitat designation. portions of these waterbodies by recommended that portions of the San Comment 78: One commenter argued watershed unit, assessed the benefits of Joaquin River and its major tributaries that the lower Feather River below designating these watershed units, and below impassable mainstem dams be Oroville Dam should not be designated finally weighed the benefits of designated as critical habitat for this because of the introgression of fall run designation against the benefits of ESU either because of future efforts to Chinook and spring run Chinook by the exclusion by watershed unit. The restore habitat or because of Feather River hatchery. resultant critical habitat designation in unpublished information from CDFG Response: We disagree with the this final rule, therefore, meets the indicating specific habitat areas were commenter and believe that the lower definition of critical habitat and also occasionally occupied by spring run Feather River below Oroville Dam represents that habitat which contains Chinook. These areas include the San should be designated as critical habitat. PCEs that we believe are essential for Joaquin River from its confluence with The extant Feather River population of the conservation of this ESU. the Merced River upstream to Friant spring-run Chinook salmon represents a Comment 80: One commenter Dam, the Tuolumne River downstream legacy population of the fish that recommended that several areas of La Grange Dam, the Merced River historically used the upper Feather proposed for designation in the downstream of Crocker Huffman Dam, River prior to construction of Oroville Sacramento River basin below and the Stanislaus River downstream of Dam, and it is an important population impassable barriers not be designated in Goodwin Dam. to conserve and protect because of its the final rule. These areas include: (1) Response: The recommendation to potential contribution to ESU recovery. the South Fork Cow Creek watershed designate the San Joaquin River above This habitat area was proposed for because it is not occupied; (2) specific the confluence with the Merced River critical habitat because the CHART streams in the Tehama Hydrologic Unit confluence was primarily based on the considered it occupied by spring run (5504) including HSAs 550410 and historical occupancy of this habitat Chinook, it contains PCEs, and it 550420 because they do not support reach by spring Chinook and the requires special management populations of spring run Chinook and expectation that future efforts will be considerations for activities such as also lack cool, deep pools for summer undertaken to restore habitat in this flood control, flow and temperature holding habitat; (3) specific streams in reach. We recognize that this habitat in management, residential and the Whitmore Hydrologic Unit (5507) the San Joaquin River was historically commercial development, agricultural including HSAs 550711 and 550722
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52512 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
because they do not support Units. Accordingly, the occupied ESU-Specific Comments—Central populations of spring run Chinook and streams in these Hydrologic Units and Valley Steelhead also lack cool, deep pools for summer associated HSAs were considered in the Comment 83: One commenter holding habitat; and (4) specific streams final 4(b)(2) analysis for this final recommended that we designate several in the Redding Hydrologic Unit (5508) designation. west-side tributaries to the Sacramento and HSA 550810 because they do not Comment 81: Two commenters River in the vicinity of Redding (HSA support a population of spring run questioned the historical and current 550810) as critical habitat for this ESU Chinook and lack cool, deep pools for habitat use and occupancy of Putah, because they are used as spawning and/ summer holding habitat. Alamo, and Ulatis Creeks by spring run or rearing habitat. Response: The CHART re-evaluated Chinook and thus whether they should Response: The CHART reviewed the the South Fork Cow Creek based on be designated as critical habitat. new information provided by the these comments and agreed that it is commenter and concluded that several unoccupied and therefore reclassified Response: The proposed critical of these streams are seasonally occupied its occupancy status accordingly. habitat designation for spring run and most likely used by steelhead as Because the HSA containing South Fork Chinook did not include any of these non-natal rearing habitat with Cow Creek (HSA 550731) is now three creeks, because the CHART occasional use as spawning habitat, and considered unoccupied and we have not considered all of them to be unoccupied that they contain PCEs supporting non- made a determination that it is essential in its original assessment and we had natal habitat use. The CHART to the conservation of the ESU, it was not made a determination that they were excluded from further consideration in essential to the conservation of the ESU. considered these additional occupied the analysis and has not been included The commenters likely were confused habitat areas important for steelhead as critical habitat in the final because these creeks all occur in the because they are likely to be used by designation for this ESU. Valley Putah-Cache Hydrologic Unit several populations (e.g., upper The CHART, however, disagreed with (HSAs 551100 and 551120), and some Sacramento River, Clear Creek, and Cow the commenter’s recommendation to portions of this Hydrologic unit were Creek), and because non-natal rearing exclude the identified streams and included in the proposed designation represents a unique life-history strategy HSAs in the Tehama (5504), Whitmore because they are occupied, have the that is essential for the conservation (5507), and Redding (5008) Hydrologic requisite PCEs, may need special since it contributes to improved growth Units. The recommendation was based management considerations, and were conditions and serves as a refugia from on the lack of cool, deep pools for not excluded as a result of the original high water and catastrophic events. The summer holding habitat that is essential ESA section 4(b)(2) exclusion process CHART concluded that these streams for adult holding, spawning, and that led to the proposed rule. The may require special management summer rearing. The CHART’s previous CHART did not receive any new considerations to address activities such assessment of the conservation value of information indicating these creeks are as flood control, residential and these streams and watershed units, occupied, so they were not reconsidered commercial development, agricultural however, was based on their use during and are not included in the final critical management, and habitat restoration, winter and early-spring months for non- habitat designation for this ESU. and, therefore, evaluated the conservation value of these occupied natal rearing by juvenile spring-run Comment 82: Several commenters Chinook. Though current use is likely habitat stream reaches and the overall indicated that habitat above major HSA. This reassessment concluded that low, it is expected to increase in the impassable rim dams on tributaries to near future as a result of habitat the conservation value of the additional the San Joaquin River (Stanislaus, occupied stream reaches ranged from restoration and range expansion in Tuolumne, and Merced Rivers) do not Battle and Clear Creeks. The CHART low to high, but that the overall contain habitat that would support concluded these streams provide several conservation value of HSA watershed spring run Chinook and/or that the PCEs that are important for juvenile 550810 remained high to the ESU. feasibility of providing fish passage for non-natal rearing, which represents a Based on the results of the final ESA spring run Chinook has not been unique life-history strategy that is section 4(b)(2) analysis, all occupied adequately evaluated. essential for the conservation of this habitat in HSA 550810, including ESU because of its contribution to Response: Although the CHART did several stream reaches recommended by improved growth conditions and refugia evaluate these as unoccupied areas for the commenter, is designated as critical from high water and catastrophic the proposed critical habitat designation habitat in the final rule. events. In addition, the CHART and concluded that some of the reaches Comment 84: One commenter concluded that these streams will above the rim dams ‘‘may’’ be essential recommended that we should designate require special management efforts for for the conservation of spring run upper little Dry Creek, a tributary to flood control, residential and Chinook, we believe it is premature to Butte Creek, as critical habitat for this commercial development, agricultural include these unoccupied areas in the ESU. management, and habitat restoration to critical habitat designation for this ESU Response: The CHART originally protect and maintain the conservation until ongoing recovery planning efforts evaluated the conservation value of value of these habitats for spring-run provide technical information upper Dry Creek (HSA 552110) as being Chinook. Based on these factors, the supporting a determination that one or low, and it was proposed for exclusion CHART rated most of the occupied more of these areas are essential to its in the proposed rule based on the HSAs in these three Hydrologic Units as conservation and recovery. Because results of the ESA section 4(b)(2) having high conservation value to the these tributary rivers to the San Joaquin analysis. In response to these comments, ESU. After consideration of these River are currently unoccupied and the CHART re-assessed the conservation comments, the CHART concluded there recovery planning efforts do not yet value of this HSA and concluded it was no reason to change its previous support a determination that these areas should be changed from low to medium. assessment of spring Chinook are essential for the conservation of this The original low rating was strongly distribution, habitat use, or conservation ESU, we have not included them in the influenced by the low number of stream value for these streams and Hydrologic final critical habitat designation. miles in the HSA. The remainder of
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52513
little Dry Creek is located downstream includes the lower Bear River, in the However, the vast majority of this creek in HSA 552040, which was rated as final critical habitat designation for this occurs within HSA 551712. The CHART having a high conservation value by the ESU. originally concluded that watershed CHART because of the number of Comment 86: One commenter 551712 had a high conservation value occupied stream miles, its high recommended that the Cosumnes River and that watershed 551713 had a low restoration potential, and its use by should be designated as critical habitat conservation value. Based on this multiple populations of steelhead. In its for this ESU based on unpublished assessment and the original ESA section reassessment of the conservation value documentation of steelhead presence. 4(b)(2) analysis, the proposed of HSA 552110, the CHART placed Response: The original analysis designation for this ESU included all more emphasis on the restoration conducted by the CHART for the occupied habitat in HSA 55172, potential of this reach of upper little Dry proposed rule considered the Cosumnes including Dry Creek, but did exclude a Creek and the potential for the stream River to be occupied, but its assessment small portion of Dry Creek occurring in reach to support life history stages of concluded that the HSA watersheds HSA 551713 because of high economic high importance (i.e., spawning adults (553111, 553221, 553223 and 553224) costs. We did not receive any new and over summering juveniles) for this containing this river system were of low information warranting a change in the ESU. Based on the increased conservation value. Based on this proposed critical habitat with respect to conservation value of this HSA 552110 assessment and the results of the ESA Dry Creek, and, therefore, the final (increased from low to medium) and the section 4(b)(2) analysis conducted for critical habitat designation for this ESU results of the final ESA section 4(b)(2) the proposed rule, the Cosumnes River only includes that portion of Dry Creek analysis, the upper little Dry Creek has and all other occupied habitat in these contained in HSA 551712. been included in the final critical four watersheds were excluded from the Comment 89: Some commenters habitat designation for this ESU. proposed designation. The commenter contended that we should not designate Comment 85: One commenter did not provide any new information any critical habitat for steelhead in the recommended that we designate the warranting a change in our proposed Sacramento River, San Joaquin River or lower Bear River as critical habitat for rule, and, therefore, the Cosumnes River its major tributaries, the Sacramento- Central Valley steelhead from its and these four watersheds have been San Joaquin Delta, or the Suisun-San confluence with Dry Creek downstream excluded from the final designation for Francisco Bay complex because existing to its confluence with the Feather River this ESU. protective efforts and mechanisms are because it is used for non-natal rearing Comment 87: Several commenters sufficient to protect the ESU. and will require special management recommended that we designate the San Response: We disagree with these considerations to maintain habitat value Joaquin River from its confluence with commenters. These waterbodies for the ESU. the Merced River to Friant Dam as comprise the entire freshwater and Response: The CHART originally critical habitat for this ESU. estuarine range of this ESU, contain one evaluated the conservation value of Response: The recommendations to or more PCEs that are essential to the HSA 551510, which contains the lower designate the San Joaquin River above conservation of the ESU, including Bear River, as being low, and it was the confluence with the Merced River migration, holding, spawning, rearing, proposed for exclusion in the proposed were primarily based on the historical and refugia habitat, and may require critical habitat rule based on the results occupancy of this habitat reach by special management beyond those of the ESA section 4(b)(2) analysis steelhead and the expectation that protective efforts that are already in conducted for that rulemaking. In future efforts will be undertaken to place or available. For these reasons, response to the information provided by restore habitat in this reach. We they were considered for designation the commenter, the CHART re-assessed recognize that this habitat in the San through this rulemaking process. In the the conservation value and concluded Joaquin River was historically used by course of this rulemaking, we evaluated that the overall conservation value for steelhead, but we consider it presently the quantity, quality, and diversity of this HSA is medium rather than low. As unoccupied. Moreover, plans to restore PCEs within the occupied portions of a result of the revised 4(b)(2) analysis flows and habitat conditions these waterbodies by watershed unit, conducted for the final rule, however, downstream of Friant Dam are assessed the benefits of designating this HSA watershed was considered to uncertain, and significant passage these watershed units, and finally have a medium benefit of designation impediments and flow alterations in the weighed the benefits of designation and a relatively high benefit of San Joaquin River above the Merced against the benefits of exclusion by exclusion (ie., high cost relative to confluence present significant obstacles watershed unit. The resultant critical benefit), making it potentially subject to to future restoration success. Because habitat designation in this final rule, exclusion from the final designation. this habitat is currently unoccupied, therefore, meets the definition of critical However, the CHART felt the lower and ongoing recovery planning efforts habitat and also contains PCEs that we portion of the Bear River within this have not identified areas in this reach of believe are essential for the conservation HSA was important because the habitat the San Joaquin River as being essential of this ESU. is likely to be used for non-natal rearing for the conservation of this ESU, we Comment 90: One commenter by several populations (i.e., Feather and have not included it in the final critical recommended that we should not Yuba River populations) and because habitat designation. designate several streams in the upper non-natal rearing represents a unique Comment 88: Two commenters Sacramento River (Red Bluff [550420 life-history strategy that is essential for recommended that we designate Dry and Spring Creek [550440] HSAs) as conservation since it contributes to Creek, a tributary to the Yuba River, as critical habitat for Central Valley improved growth conditions and serves critical habitat for Central Valley steelhead because they are low elevation as a refugia from high water and steelhead. streams without sufficient flow duration catastrophic events. Therefore the Response: The commenters or suitable habitat to support the CHART concluded the benefit of incorrectly interpreted the proposed species. including this area out weighed the designation. Dry Creek, a tributary to the Response: We disagree with the benefit of excluding this area and we Yuba River, occurs in two HSA commenter’s recommendation to have included HSA 551510, which watersheds (551712 and 551713). exclude specific streams in these two
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52514 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
HSAs. The CHART has evaluated these CHART also concluded that agricultural Monticello Dam on Putah Creek should streams and recognizes that they have water and municipal water withdrawals, be designated as critical habitat for limited flow duration. However, the entrainment associated with water steelhead even though it is unoccupied team also concluded the streams in diversions, invasive/non-invasive because: Suitable spawning and rearing question support important winter and species management, and point and habitat exists for steelhead above the early spring non-natal rearing habitat for non-point source water pollution could dam; providing fish passage is likely to steelhead and thus contain PCEs that are affect these PCEs and that there was a be economically and logistically important for juvenile rearing. The need for special management feasible; and Central Valley steelhead CHART previously rated both HSAs as considerations. Based on all of the populations are constrained by the lack having an overall high conservation available information, the CHART rated of accessible habitat. The other value for this ESU and does not believe this Hydrologic Unit as having high commenter argued that this habitat the comments warrant a revision in any conservation value for the ESU. Based should not be designated because of of its previous conclusions regarding on the CHART’s assessment and the problems associated with providing these two HSAs. Based on the CHART’s original ESA section 4(b)(2) analysis passage. previous conclusions and the results of conducted for the proposed rule, this Response: The CHART considered the the final ESA section 4(b)(2) analysis Hydrologic Unit was proposed for information provided by these conducted for this rule, all occupied designation. We have received no new commenters and concluded that the habitat in these two HSAs is included information warranting a change in this unoccupied area above Solano Irrigation in the final designation for this ESU. proposal, and, therefore, all occupied Dam may contain PCEs that would Comment 91: Some commenters habitat in this Hydrologic Unit support steelhead and that providing argued that there was no basis for including the Old River and Paradise passage would likely be feasible. proposing to designate critical habitat Cut channels are included in the final However, the CHART did not make a for Central Valley steelhead in the critical habitat designation for this ESU. determination about whether this above Calaveras, Stanislaus, Tuolumne, or Comment 93: One commenter dam area may be essential for the Merced Rivers. recommended designating critical conservation of this ESU. As noted Response: We disagree with the habitat above major dams in the central previously, we believe it is premature to commenters. The CHART concluded valley to ensure these habitats were include any unoccupied areas above that the HSA watersheds containing protected and to encourage dams in the final critical habitat these rivers were occupied by steelhead, implementation of fish passage above designation for this ESU until ongoing contained PCEs supporting the species these dams. recovery planning efforts identify those for spawning, rearing and/or migration, Response: As part of the proposed specific unoccupied areas that are and that there may be a need for special critical habitat designation process, the essential to its conservation and management considerations. On this CHART did evaluate many unoccupied recovery. Because the habitat above the basis, these rivers met the definition of areas above dams in the central valley Solano Irrigation Dam is currently occupied critical habitat, and, therefore, as potential critical habitat, and unoccupied and recovery planning were eligible for designation. We concluded that some of the reaches efforts do not yet support a weighed the benefits of including these above the rim dams ‘‘may’’ be essential determination that this area is essential areas in the designation against the for the conservation of steelhead. for the conservation of this ESU, we benefits of their exclusion in the Although the CHART believes these have not included this area in the final original ESA section 4(b)(2) analysis for areas may be essential for conservation, critical habitat designation. the proposed rule, and again in a and we recognize the historical revised analysis for the final rule. In importance of many of these areas to ESU-Specific Comments—Central both instances, the benefits of steelhead, we believe it is premature to Valley Spring Run Chinook and Central designating the HSA watersheds include these unoccupied areas in the Valley Steelhead containing these rivers outweighed the final designation for this ESU until Comment 95: One commenter argued benefits of their exclusion. Accordingly, ongoing recovery planning efforts that west-side tributaries in Glenn the HSA watershed containing these provide technical information to County, and in particular Stony Creek, rivers were included in the proposed support a determination that any such should not be designated as critical critical habitat designation and are also areas are essential to its conservation habitat for either spring-run Chinook included in the final designation for this and recovery. Because these above-dam salmon or steelhead because these ESU. habitat areas are currently unoccupied habitats are unoccupied and water Comment 92: One commenter argued and recovery planning efforts do not yet temperatures are too warm to support that the Old River and Paradise Cut support a determination that any salmonids. channels in the San Joaquin Delta specific areas are essential for the Response: We disagree with the Subbasin or Hydrologic Unit (5544) do conservation of this ESU, we have not commenter. The CHART has evaluated not meet the definition of critical habitat included them in the final critical the available information, particularly for Central Valley steelhead. habitat designation. As recovery with regard to Stony Creek (HSA Response: We disagree with the planning efforts mature and sufficient 550410), and concluded that this stream commenter. The CHART concluded that information is available to make a is occupied by both spring run Chinook all of the estuarine habitat in this determination about whether any of and steelhead. Juvenile spring run Hydrologic Unit, including the Old these areas are essential for conservation Chinook have been consistently River and Paradise Cut channels, is used of this ESU, we will conduct additional documented using Stony Creek as by steelhead smolts for rearing and rulemaking as appropriate. rearing habitat since 2001 (Corwin and migration from upstream freshwater Comment 94: Two commenters Grant, 2004), as well as in previous rivers. On this basis the CHART addressed the issue of designating years (Maslin and McKinney, 1994). considered the entire Hydrologic Unit to critical habitat above the Solano Similarly, juvenile steelhead have been be occupied and to contain PCEs for Irrigation District Dam on Putah Creek. periodically documented rearing in rearing and migration that are essential One commenter argued that habitat Stony Creek (Corwin and Grant, 2004; to the conservation of this ESU. The between the Solano Irrigation Dam and Maslin and McKinney, 1994). The
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52515
CHART also concluded that Stony Creek we will undertake the appropriate unoccupied areas that are essential for has PCEs that support both species. rulemaking to propose the designation conservation of these ESUs. For this Water temperature monitoring from of these areas as critical habitat. reason, unoccupied areas above Oroville 2001 through 2004 has shown that Comment 97: One commenter Dam are not included in the final temperatures in Stony Creek under recommended designating the entire designation. current operations are generally suitable Butte Creek watershed, upstream from Comment 99: Some commenters for adult and juvenile salmonids (below the Centerville Diversion Dam, as indicated that habitat above rim dams 65 °F) from mid-October through late critical habitat for both the spring run on tributaries (Tuolumne, Stanislaus, May. Water temperatures have been Chinook and steelhead ESUs. and Merced) to the San Joaquin River found to be suitable for salmonid Conversely, another commenter argued did not contain suitable habitat for spawning and incubation (below 56 °F) that we should not designate this either ESU and that the feasibility of from mid-November through early May unoccuped habitat in Butte Creek passage had not been adequately (Corwin and Grant, 2004). Though because there is no historical studied. successful steelhead spawning has not information that suggests this habitat Response: The CHART evaluated been documented recently in Stony was historically occupied by specific unoccupied and inaccessible Creek, habitat conditions under current anadromous salmonids, and recent stream reaches above rim dams on these operations are considered marginally CDFG barrier assessments have San Joaquin River tributaries and suitable to support steelhead concluded that barrier modifications are concluded that they ‘‘may’’ be essential reproduction. Because of ongoing not desirable because of the high stream for the conservation of spring run restoration actions and ESA section 7 gradient and the presence of multiple Chinook and steelhead. However, as consultations, progress is being made natural barriers immediately above the discussed previously, we believe it is toward improving these habitat Dam. premature to make such a determination conditions, and we expect conditions to Response: The CHART reviewed until ongoing recovery planning efforts continue to improve into the future. information regarding unoccupied in the central valley identify above-dam Comment 96: Numerous commenters habitat above the Centerville Diversion unoccupied areas that are essential for raised issues concerning the designation Dam on Butte Creek for the proposed conservation of these ESUs. For this of unoccupied and inaccessible habitat rule and concluded that this reason, unoccupied areas above these in the Yuba River. Several commenters unoccupied and inaccessible habitat rim dams on the San Joaquin River recommended we designate unoccupied ‘‘may’’ be essential for the conservation tributaries are not included in the final stream reaches above major impassable of both the spring run Chinook and designation. barriers in the Middle, North, and South steelhead ESUs. As noted previously for III. Summary of Revisions Fork Yuba Rivers as critical habitat for other unoccupied and inaccessible areas both ESUs. In contrast, several other above dams, however, we believe that it We evaluated the comments and new commenters recommended we delay is premature to designate unoccupied information received on the proposed any decision to designate unoccupied areas in Butte Creek above the rule to ensure that they represented the and inaccessible habitat for both ESUs Centerville Diversion Dam as critical best scientific data available and made in the Yuba River above Englebright habitat until ongoing recovery planning a number of general types of changes to Dam until the Upper Yuba River Studies efforts identify those specific the critical habitat designations, Program is completed. unoccupied habitat areas in the central including: Response: The CHART reviewed valley that are essential to the (1) We revised distribution maps and information regarding unoccupied conservation and recovery of these related biological assessments based on habitat above Englebright Dam for the ESUs. Because the habitat areas above a final CHART assessment (NMFS, proposed rule and concluded that the Centerville Diversion Dam are 2005a) of information provided by unoccupied and inaccessible areas unoccupied and no final determination commenters, peer reviewers, and agency above the dam ‘‘may’’ be essential for has been made that they are essential for biologists. We also evaluated the conservation of these ESUs. conservation of the ESU, they are not watersheds that may be low leverage However, we have not made a final included in the final critical habitat (i.e., unlikely to have an ESA section 7 determination that these areas are designation for these ESUs. If the agency consultation or where a section 7 essential to conservation. As noted makes such a determination in the consultation, if it did occur, would yield previously for other unoccupied and future, we will undertake the few conservation benefits) and inaccessible areas, we believe that it is appropriate rulemaking to designate identified several for possible exclusion premature to designate unoccupied these areas as critical habitat. in the final ESA section 4(b)(2) analysis. areas in the Yuba River above Comment 98: One commenter (CDFG) (2) We revised our economic analysis Englebright Dam as critical habitat until argued that it is premature to designate based on information provided by ongoing recovery planning efforts unoccupied habitat above Oroville Dam commenters and peer reviewers as well identify those specific unoccupied in the upper Feather River as critical as our own efforts as referenced in the habitat areas in the central valley that habitat for either spring run Chinook or proposed rule. Major changes included are essential to the conservation and steelhead. assessing new impacts associated with recovery of these ESUs. The Upper Yuba Response: As discussed in other pesticide consultations, revising Federal River Studies Program is expected to responses, we agree with CDFG. land consultation costs to take into provide relevant information for the Although the CHART concluded as part account wilderness areas, and recovery planning process of both ESUs, of the proposed critical habitat rule that modifying grazing impacts to more and we intend to await the findings of specific unoccupied areas above accurately reflect likely project this program as well as recovery Oroville Dam ‘‘may’’ be essential for the modifications. planning efforts before making a conservation of spring run Chinook and (3) We conducted a new ESA section determination about whether or not the steelhead, we believe it is premature to 4(b)(2) analysis based on economic unoccupied habitat areas in question are make such a determination until impacts to take into account the above essential to the conservation of either ongoing recovery planning efforts in the revisions. This resulted in the final ESU. If such a determination is made, central valley identify above-dam exclusion of many of the same
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52516 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
watersheds proposed for exclusion. It critical habitat rule. These changes are information reviewed by the CHART, also resulted in some areas originally also reflected in final agency reports we have identified minor changes to the proposed for exclusion not being pertaining to the biological, economic, extent of occupied habitat areas in some excluded and some areas proposed for and policy assessments supporting these watersheds. Also, based on public designation now being excluded. The designations (NMFS, 2005a; NMFS, comments we have added a migratory analysis is described further in the 2005b; NMFS, 2005c). We conclude that corridor in one watershed (HSA 111171) 4(b)(2) report (NMFS, 2005c). these changes are warranted based on that was proposed to be fully excluded (4) We did not conduct an ESA new information and analyses that in order to provide connectivity section 4(b)(2) analysis of lands covered constitute the best scientific data between the ocean and an upstream by approved HCPs because existing HCP available. watershed of high conservation value. holders did not request exclusion from Additionally, as a result of revised ESU Specific Changes—California the critical habitat designation. We did economic data for this ESU and our Coastal Chinook Salmon not have sufficient information to final ESA section 4(b)(2) analysis, we conduct this analysis for the vast areas The CHART did not change are excluding all occupied habitat in covered by Federal land management conservation value ratings for any two watersheds that were previously plans, but may do so in the future. watershed within the geographical area proposed for designation (HSAs 111350 The following sections summarize the occupied by this ESU. However, based and 111423). Table 1 summarizes the ESU-specific changes to the proposed on public comments and new specific changes made for this ESU.
TABLE 1.—ESU SPECIFIC CHANGES—CALIFORNIA COASTAL CHINOOK SALMON
HSA wa- Hydrologic unit tershed HSA watershed name Changes from proposed rule code
Trinidad ...... 110810 Big Lagoon ...... Removed 0.7 mi (1.1 km) of occupied habitat area. Trinidad ...... 110820 Little River—Albion—Big Salmon .... Added 1.2 miles (1.9 km) of occupied habitat area. Mad River ...... 110920 NF Mad River ...... Removed 0.8 miles (1.3 km) of occupied habitat area. Mad River ...... 110930 Butler Valley ...... Added 1.0 mile (1.6 km) of occupied habitat area. Eel River ...... 111171 Eden Valley ...... Excluded tributaries from final designation and retained migratory cor- ridor. Mendocino Coast .... 111350 Navarro River ...... Excluded all occupied habitat from final designation Russian River ...... 111423 Mark West ...... Excluded all occupied habitat from final designation.
ESU Specific Changes—Northern on public comments and new did not make any changes to the areas California Steelhead information reviewed by the CHART, that were previously proposed for we have identified changes to the extent designation or identify any new areas The CHART did not change of occupied habitat areas in 13 for exclusion in the final designation. conservation value ratings for any watersheds. As a result of revised Table 2 summarizes the specific changes watershed within the geographical area economic data for this ESU and our made for this ESU. occupied by this ESU. However, based final ESA section 4(b)(2) analysis, we
TABLE 2.—ESU SPECIFIC CHANGES—NORTHERN CALIFORNIA STEELHEAD
HSA wa- Hydrologic unit tershed HSA watershed name Changes from proposed rule code
Redwood Creek ...... 110720 Beaver ...... Removed 0.7 mi (1.1 km) of occupied habitat area. Trinidad ...... 110810 Big Lagoon ...... Added 0.3 mi (0.5 km) of occupied habitat area. Trinidad ...... 110820 Little River ...... Added 2.9 mi (4.7 km) of occupied habitat areas. Mad River ...... 110930 Butler Valley ...... Removed 0.4 mi (0.6 km) of occupied habitat area. Eureka Plain ...... 111000 Eureka Plain ...... Removed 0.8 mi (1.3 km) of occupied habitat area. Eel River ...... 111132 Benbow ...... Removed 0.7 mi (1.1 km) of occupied habitat area. Eel River ...... 111133 Laytonville ...... Removed 0.8 mi (1.3 km) of occupied habitat area. Mendocino Coast ...... 111311 Usal Creek ...... Removed 5.6 mi (9.0 km) of Coast occupied habitat areas. Mendocino Coast ...... 111312 Wages Creek ...... Removed 0.5 mi (0.8 km) of occupied habitat area. Mendocino Coast ...... 111313 Ten Mile Creek ...... Removed 7.6 mi (12.2 km) of occupied habitat area. Mendocino Coast ...... 111320 Noyo River ...... Removed 0.9 mi (1.4 km) of occupied habitat area Mendocino Coast ...... 111330 Big River ...... Removed 0.3 mi (0.5 km) of occupied habitat area. Mendocino Coast ...... 111340 Albion River ...... Removed 1.2 mi (1.9 km) of occupied habitat area.
ESU Specific Changes—Central was added to one watershed (220320) watershed (220430) was removed from California Coast Steelhead because of a mapping error in the the final designation because it is proposed rule and to another watershed occupied only by resident O. mykiss, The CHART did not change the conservation value of any occupied (220550) based on public comments and and a final listing determination for this watersheds within the geographical area new information received by the life form will not be made until occupied by this ESU. Occupied habitat CHART. The Upper Alameda Creek December 2005 (70 FR 37219; June 28,
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52517
2005). As a result of this change, a result of revised economic data for this designation (111421 and 220722). Table portions of the migratory corridor to ESU and our final ESA section 4(b)(2) 3 summarizes the specific changes made upper Alameda Creek were also analysis, we are excluding all occupied for this ESU. removed from two watersheds (220420 habitat areas in two watersheds that and 220520) in the final designation. As were not previously proposed for
TABLE 3.—ESU SPECIFIC CHANGES—CENTRAL CALIFORNIA COAST STEELHEAD
HSA wa- Hydrologic unit tershed HSA watershed name Changes from proposed rule code
Russian River ...... 111421 Laguna De Santa Rosa ...... Excluded all occupied habitat from final designation. Bay Bridges ...... 220320 San Rafael ...... Added 6.4 mi (10.3 km) of occupied habitat area (Arroyo Core Madera del Presidio). South Bay ...... 220420 Eastbay Cities ...... Removed 8.6 mi (13.8 km) migratory corridor to Upper Alameda Creek watershed (220430). South Bay ...... 220430 Upper Alameda Creek ...... Removed all occupied habitat (99.0 mi, or 159 km) from final designa- tion. Santa Clara ...... 220520 Fremont Bayside ...... Removed portion of migratory corridor (1.0 mi, or 1.6 km) to Upper Al- ameda Creek watershed (220430). Santa Clara ...... 220550 Palo Alto ...... Added 1.9 mi (3.0 km) of occupied habitat area (San Francisquito Creek tributaries). Suisun ...... 220722 Suisun Creek ...... Excluded all occupied habitat area from final designation.
ESU Specific Changes—South-Central ESU Specific Changes—Southern 4(b)(2) analysis for this final California Steelhead California Steelhead designation. These watershed units were located in the San Juan Creek/ The CHART did not change the The CHART did not change the conservation value ratings for any of the Trabuco Creek watershed in the conservation value rating for any occupied watersheds within the southern portion of the range of the watershed within the geographical area geographical area occupied by this ESU. ESU. Also, based on public comments occupied by this ESU, nor were there However, based on information from the and other information reviewed by the any changes to the extent of occupied public comments and agency biologists CHART, we have identified several habitat areas. As a result of revised and reviewed by the CHART, several changes to the extent of occupied economic data for this ESU and our watershed units (490121, 490122, habitat in a number of watersheds. final ESA section 4(b)(2) analysis, we 490125, 490126, and 490128) were Based on the revised economic data for did not make any changes to the areas determined to be unoccupied and, this ESU and our final ESA section that were previously proposed for because we had not made a 4(b)(2) analysis, we did not make any designation or identify any new areas determination that they were essential changes to the watershed areas that for exclusion. to the conservation of the ESU, were not were previously proposed for considered eligible for designation or designation. Table 4 summarizes the considered in the final ESA section specific changes made for this ESU.
TABLE 4.—ESU SPECIFIC CHANGES—SOUTHERN CALIFORNIA STEELHEAD
HSA wa- Hydrologic unit tershed HSA watershed/area name Changes from proposed rule code
Santa Ynez ...... 331440 Santa Ynez to Bradbury ...... Removed 24.0 mi (38.6 km) of occupied tributary habi- tat area to the Santa Ynez River (Alamo Pintado and Santa Aguedo Creeks). South Coast ...... 331534 Carpenteria ...... Removed 0.8 mi (1.3 km) of occupied habitat (Santa Monica estuary). Ventura River ...... 440232 Thatcher ...... Removed 20.9 mi (33.6 km) of occupied tributary habi- tat area (San Antonio Creek and tributaries). Santa Clara—Calleguas ...... 440331 Sespe—Santa Clara ...... Removed 5.4 mi (8.7 km) of occupied habitat area (Pole Creek). San Juan ...... 490121 Trabuco ...... Changed to unoccupied. Removed small amount of occupied habitat area (Trabuco Creek). San Juan ...... 490122 Upper Trabuco ...... Changed to unoccupied. Removed 7.7 mi (12.4 km) of occupied habitat area (Trabuco Creek). San Juan ...... 490123 Middle Trabuco ...... Removed 12.4 mi (20.0 km) of occupied habitat area (Trabuco Creek). San Juan ...... 490125 Upper San Juan ...... Changed to unoccupied. Removed 12.5 mi (20.1 km) of occupied habitat area (San Juan Creek). San Juan ...... 490126 Mid upper San Juan ...... Changed to unoccupied. Removed 3.8 mi (6.1 km) of occupied habitat area (San Juan Creek). San Juan ...... 490128 Middle San Juan ...... Changed to unoccupied. Removed 3.4 mi (5.5 km) of occupied habitat area (San Juan Creek).
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52518 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
TABLE 4.—ESU SPECIFIC CHANGES—SOUTHERN CALIFORNIA STEELHEAD—Continued
HSA wa- Hydrologic unit tershed HSA watershed/area name Changes from proposed rule code
San Juan ...... 490140 San Mateo ...... Removed 4.9 mi (7.9 km) of occupied habitat (Devil Creek).
ESU Specific Changes—Central Valley the ESU (551510), and one watershed 4(b)(2) analysis, we are excluding all Spring Run Chinook Salmon was changed from a medium to a high occupied habitat areas in one watershed conservation value (551921). Also, (551720) that were previously proposed Based on information provided in the based on public comments and new for designation, and designating all public comments and new information information reviewed by the CHART, occupied habitat areas in a second reviewed by the CHART, one watershed we have identified relatively minor watershed (551921) that were was changed from occupied to changes to the extent of occupied previously proposed for exclusion. unoccupied (550731), one was changed habitat in some watersheds. Based on Table 5 summarizes the specific changes from unoccupied to occupied and rated the results of the revised economic data made for this ESU. as having a high conservation value to for this ESU and our final ESA section
TABLE 5.—ESU SPECIFIC CHANGES—CENTRAL VALLEY SPRING RUN CHINOOK
HSA wa- Hydrologic unit tershed HSA Watershed name Changes from proposed rule code
Whitmore ...... 550731 South Cow Creek ...... Changed from occupied to unoccupied. Removed 10.3 mi (16.6 km) of occupied habitat area. Redding ...... 550810 Enterprise Flat ...... Minor changes in distribution. No net change in occu- pied mi of habitat area. Marysville ...... 551510 Lower Bear River ...... Changed from unoccupied to occupied. Added 5.1 mi (8.2 km) of occupied habitat area. Rated as high in conservation value and included all occupied habitat in the final designation. Yuba River ...... 551720 Nevada City ...... Excluded all occupied habitat from final designation. Valley-American ...... 551921 Lower American ...... Changed conservation value from medium to high and included all occupied habitat in the final designation.
ESU Specific Changes—Central Valley changed from low to medium. are excluding all occupied habitat areas Steelhead Additionally, based on public in two watersheds (550964 and 552435) comments and new information proposed for designation and Based on information provided in the reviewed by the CHART, we have designating all occupied areas in two public comments and new information identified changes to the extent of other watersheds (551510 and 552110) reviewed by the CHART, the occupied habitat areas in two that were previously proposed for conservation value of two watersheds watersheds. As a result of the revised exclusion. Table 6 summarizes the (551510 and 552110) within the economic data for this ESU and our specific changes made for this ESU. geographical range of this ESU was final ESA section 4(b)(2) analysis, we
TABLE 6.—ESU SPECIFIC CHANGES—CENTRAL VALLEY STEELHEAD
HSA wa- Hydrologic unit tershed HSA Watershed name Changes from proposed rule code
Redding ...... 550810 Enterprise Flat ...... Added 5.7 mi (9.2 km) of occupied habitat area (sev- eral tributaries). Eastern Tehama ...... 550964 Paynes Creek ...... Excluded all occupied habitat Tehama from the final designation. Marysville ...... 551510 Lower Bear River ...... Changed conservation value from low to medium. In- cluded all occupied habitat in the final designation. Butte Creek ...... 552110 Upper Dry Creek ...... Changed conservation value from low to medium. In- cluded all occupied habitat in the final designation. Shasta Bally ...... 552435 Ono ...... Excluded all occupied habitat from the final designa- tion. Shasta Bally ...... 552440 Spring Creek ...... Removed 3.1 mi (5.0 km) of occupied habitat area.
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52519
IV. Methods and Criteria Used To Our regulations state that, ‘‘The travel as far as 900 miles (1,448 km) Designate Critical Habitat Secretary shall designate as critical from the inland spawning grounds. En The following sections describe the habitat areas outside the geographic area route to the ocean the juveniles may relevant definitions and guidance found presently occupied by the species only spend from a few days to several weeks in the ESA and our implementing when a designation limited to its in the estuary, depending on the regulations, and the key methods and present range would be inadequate to species. The highly productive estuarine criteria we used to make these final ensure the conservation of the species’’ environment is an important feeding critical habitat designations after (50 CFR 424.12(e)). Accordingly, when and acclimation area for juveniles incorporating, as appropriate, comments the best available scientific and preparing to enter marine waters. Juveniles and subadults typically and information received on the commercial data do not demonstrate spend from 1 to 5 years foraging over proposed rule. Section 4 of the ESA (16 that the conservation needs of the thousands of miles in the North Pacific U.S.C. 1533(b)(2)) and our regulations at species so require, we will not designate critical habitat in areas outside the Ocean before returning to spawn. Some 50 CFR 424.12(a) require that we geographic area occupied by the species. species, such as coho and Chinook designate critical habitat, and make Section 4 of the ESA requires that salmon, have precocious life history revisions thereto, ‘‘on the basis of the before designating critical habitat we types (primarily male fish known as best scientific data available.’’ must consider the economic impacts, ‘‘jacks’’) that mature and spawn after Section 3 of the ESA (16 U.S.C. impacts on national security, and other only several months in the ocean. 1532(5)) defines critical habitat as ‘‘(i) relevant impacts of specifying any Spawning migrations known as ‘‘runs’’ the specific areas within the particular area as critical habitat, and occur throughout the year, varying by geographical area occupied by the the Secretary may exclude any area from species and location. Most adult fish species, at the time it is listed * * * on critical habitat if the benefits of return or ‘‘home’’ with great fidelity to which are found those physical or exclusion outweigh the benefits of spawn in their natal stream, although biological features (I) essential to the inclusion, unless excluding an area from some do stray to non-natal streams. conservation of the species and (II) critical habitat will result in the Salmon species die after spawning, which may require special management extinction of the species concerned. except anadromous O. mykiss considerations or protection; and (ii) Once critical habitat for a salmon or (steelhead), which may return to the specific areas outside the geographical steelhead ESU is designated, section ocean and make one or more repeat area occupied by the species at the time 7(a)(2) of the ESA requires that each spawning migrations. This complex life it is listed upon a determination by the Federal agency shall, in consultation cycle gives rise to complex habitat Secretary that such areas are essential with and with the assistance of NMFS, needs, particularly during the for the conservation of the species.’’ ensure that any action authorized, freshwater phase (see review by Spence Section 3 of the ESA (16 U.S.C. 1532(3)) funded or carried out by such agency is et al., 1996). Spawning gravels must be also defines the terms ‘‘conserve,’’ not likely to result in the destruction or of a certain size and free of sediment to ‘‘conserving,’’ and ‘‘conservation’’ to adverse modification of critical habitat. allow successful incubation of the eggs. mean ‘‘to use, and the use of, all Eggs also require cool, clean, and well- Salmon Life History methods and procedures which are oxygenated waters for proper necessary to bring any endangered Pacific salmon are anadromous fish, development. Juveniles need abundant species or threatened species to the meaning adults migrate from the ocean food sources, including insects, point at which the measures provided to spawn in freshwater lakes and crustaceans, and other small fish. They pursuant to this chapter are no longer streams where their offspring hatch and need places to hide from predators necessary.’’ rear prior to migrating back to the ocean (mostly birds and bigger fish), such as Pursuant to our regulations, when to forage until maturity. The migration under logs, root wads and boulders in designating critical habitat we consider and spawning times vary considerably the stream, and beneath overhanging the following requirements of the across and within species and vegetation. They also need places to species: (1) Space for individual and populations (Groot and Margolis, 1991). seek refuge from periodic high flows population growth, and for normal At spawning, adults pair to lay and (side channels and off channel areas) behavior; (2) food, water, air, light, fertilize thousands of eggs in freshwater and from warm summer water minerals, or other nutritional or gravel nests or ‘‘redds’’ excavated by temperatures (coldwater springs and physiological requirements; (3) cover or females. Depending on lake/stream deep pools). Returning adults generally shelter; (4) sites for breeding, temperatures, eggs incubate for several do not feed in fresh water but instead reproduction, or rearing of offspring; weeks to months before hatching as rely on limited energy stores to migrate, and, generally, (5) habitats that are ‘‘alevins’’ (a larval life stage dependent mature, and spawn. Like juveniles, they protected from disturbance or are on food stored in a yolk sac). Following also require cool water and places to representative of the historical yolk sac absorption, alevins emerge rest and hide from predators. During all geographical and ecological from the gravel as young juveniles life stages salmon require cool water distributions of the species (see 50 CFR called ‘‘fry’’ and begin actively feeding. that is free of contaminants. They also 424.12(b)). In addition to these factors, Depending on the species and location, require rearing and migration corridors we also focus on the known physical juveniles may spend from a few hours with adequate passage conditions (water and biological features (primary to several years in freshwater areas quality and quantity available at specific constituent elements or PCEs) within before migrating to the ocean. The times) to allow access to the various the occupied areas that are essential to physiological and behavioral changes habitats required to complete their life the conservation of the species and that required for the transition to salt water cycle. may require special management result in a distinct ‘‘smolt’’ stage in most The homing fidelity of salmon has considerations or protection. Both the species. On their journey juveniles must created a metapopulation structure with ESA and our regulations, in recognition migrate downstream through every distinct populations distributed among of the divergent biological needs of riverine and estuarine corridor between watersheds (McElhany et al., 2000). Low species, establish criteria that are fact their natal lake or stream and the ocean. levels of straying result in regular specific rather than ‘‘one size fits all.’’ For example, smolts from Idaho will genetic exchange among populations,
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52520 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
creating genetic similarities among described in the proposed rule, we have critical habitat (Spence et al., 1996). populations in adjacent watersheds. used the State of California’s Using watershed boundaries for the Maintenance of the metapopulation CALWATER watershed classification economic analysis ensured that all structure requires a distribution of system, which is similar to the USGS potential economic impacts were populations among watersheds where watershed classification system that was considered. Section 3(5) defines critical environmental risks (e.g., from used for salmonid critical habitat habitat in terms of ‘‘specific areas,’’ and landslides or floods) are likely to vary. designations in the Northwest. This section 4(b)(2) requires the agency to It also requires migratory connections information is now generally available consider certain factors before among the watersheds to allow for via the internet, and we have expanded designating ‘‘particular areas.’’ In the periodic genetic exchange and alternate our GIS resources to use these data. We case of Pacific salmonids, the biology of spawning sites in the case that natal used the CALWATER Hydrologic the species, the characteristics of its streams are inaccessible due to natural Subarea (HSA) unit (which is generally habitat, the nature of the impacts and events such as a drought or landslide. similar in size to USGS HUC5s) to the limited information currently More detailed information describing organize critical habitat information available at finer geographic scales habitat and life history characteristics of systematically and at a scale that, while made it appropriate to consider the ESUs is contained in the proposed somewhat broad geographically, is ‘‘specific areas’’ and ‘‘particular areas’’ rule (69 FR 71880; December 10, 2004), applicable to the spatial distribution of as the same unit. agency status reviews for each ESU, salmon. Organizing information at this Occupied estuarine areas were also technical recovery team products, and scale is especially relevant to salmonids, considered in the context of defining in a biological report supporting these since their innate homing ability allows ‘‘specific areas.’’ In our proposed rule designations (NMFS, 2005a). them to return to the watersheds where we noted that estuarine areas are crucial they were born. Such site fidelity results for juvenile salmonids, given their Identifying the Geographical Area in spatial aggregations of salmonid multiple functions as areas for rearing/ Occupied by the Species and Specific populations that generally correspond to feeding, freshwater-saltwater Areas Within the Geographical Area the area encompassed by HSA acclimation, and migration (Simenstad In past critical habitat designations, watersheds or aggregations of these et al., 1982; Marriott et al., 2002). The we had concluded that the limited watersheds. San Francisco Bay estuary complex availability of species distribution data The CALWATER system maps consists of five CALWATER HSA prevented mapping salmonid critical watershed units as polygons, bounding watershed units that are separate from habitat at a scale finer than occupied a drainage area from ridge-top to ridge- upstream freshwater habitats that drain river basins (65 FR 7764; February 16, top, encompassing streams, riparian into the estuarine complex, and these 2000). Therefore, the 2000 designations areas and uplands. Within the units were analyzed separately. Some defined the ‘‘geographical area occupied boundaries of any HSA watershed, there other small estuaries did not correspond by the species, at the time of listing’’ as are stream reaches not occupied by the to HSA watershed units nor were they all accessible river reaches within the species. Land areas within the part of defined HSA watershed units, current range of the listed species. CALWATER HSA boundaries are also and so we defined specific polygons In the proposed rule we described in generally not ‘‘occupied’’ by the species which were analyzed separately. In all greater detail that since the previous (though certain areas such as flood occupied estuarine areas we were able designations in 2000, we can now be plains or side channels may be occupied to identify physical or biological somewhat more precise about the at some times of some years). We used features essential to the conservation of ‘‘geographical area occupied by the the watershed boundaries as a basis for the species, and that may require special species’’ because of efforts by agency aggregating occupied stream reaches, for management considerations or biologists, in coordination with Federal purposes of delineating ‘‘specific’’ areas protection. For those estuarine areas and state co-managers, to compile at a scale that often corresponds well to designated as critical habitat we are information and map actual species salmonid population structure and again delineating them in similar terms distribution at the level of stream ecological processes. This designation to our past designations, as being reaches. Moreover, much of the refers to the occupied stream reaches defined by a line connecting the furthest available data can now be accessed and within the watershed boundary as the land points at the estuary mouth. analyzed using geographic information ‘‘habitat area’’ to distinguish it from the In previous designations of salmonid systems (GIS) to produce consistent and entire area encompassed by the critical habitat we did not designate fine-scale maps. The current mapping watershed boundary. Each habitat area offshore marine areas. In the Pacific effort for these ESUs documents fish was reviewed by the CHARTs to verify Ocean, we concluded that there may be presence and identifies occupied stream occupation, PCEs, and special essential habitat features, but we could reaches where the species has been management considerations (see not identify any special management observed. It also identifies stream ‘‘Critical Habitat Analytical Review considerations or protection associated reaches where the species is presumed Teams’’ section below). with them as required under section to occur based on the professional The watershed-scale aggregation of 3(5)(A)(i) of the ESA (65 FR 7776; judgment of biologists familiar with the stream reaches also allowed us to February 16, 2000). Since that time we watershed. We made use of these finer- analyze the impacts of designating a have carefully considered the best scale data for the current critical habitat ‘‘particular area,’’ as required by ESA available scientific information, and designations, and we now believe that section 4(b)(2). As a result of watershed related agency actions, such as the they enable a more accurate delineation processes, many activities occurring in designation of Essential Fish Habitat of the ‘‘geographical area occupied by riparian or upland areas and in non- under the Magnuson-Stevens Fishery the species’’ referred to in the ESA fish-bearing streams may affect the Conservation and Management Act. In definition of critical habitat. physical or biological features essential contrast to estuarine areas, we conclude We are now also able to identify to conservation in the occupied stream that it is not possible to identify ‘‘specific areas’’ (ESA section 3(5)(a)) reaches. The watershed boundary thus ‘‘specific areas’’ in the Pacific Ocean and ‘‘particular areas’’ (ESA section describes an area in which Federal that contain essential features for 4(b)(2)) at a finer scale than in 2000. As activities have the potential to affect salmonids. Also, links between human
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52521
activity, habitat conditions and impacts consultations (NMFS, 1996) which upstream, avoid predators, and reach to listed salmonids are less direct in describes general parameters and spawning areas on limited energy stores. offshore marine areas. Perhaps the characteristics of most of the essential 4. Estuarine areas free of obstruction closest linkage exists for salmon prey features under consideration in this with water quality, water quantity, and species that are harvested commercially critical habitat designation. We salinity conditions supporting juvenile (e.g., Pacific herring) and, therefore, may identified these PCEs and requested and adult physiological transitions require special management comment on them in the ANPR (68 FR between fresh- and saltwater; natural considerations or protection. However, 55931; September 29, 2003) and cover such as submerged and because salmonids are opportunistic proposed rule (69 FR 74636; December overhanging large wood, aquatic feeders we could not identify ‘‘specific 14, 2005) but did not receive vegetation, large rocks and boulders, areas’’ where these or other essential information to support changing them. and side channels; and juvenile and features are found within this vast The ESUs addressed in this final rule adult forage, including aquatic geographic area occupied by salmon and share many of the same rivers and invertebrates and fishes, supporting steelhead. Moreover, prey species move estuaries and have similar life history growth and maturation. These features or drift great distances throughout the characteristics and, therefore, many of are essential to conservation because ocean and would be difficult to link to the same PCEs. These PCEs include sites without them juveniles cannot reach the any ‘‘specific’’ areas. Therefore, we are essential to support one or more life ocean in a timely manner and use the not designating critical habitat in stages of the ESU (sites for spawning, variety of habitats that allow them to offshore marine areas. We requested rearing, migration and foraging). These avoid predators, compete successfully, comment on this issue in our proposed sites in turn contain physical or and complete the behavioral and rule but did not receive comments or biological features essential to the physiological changes needed for life in information that would change our conservation of the ESU (for example, the ocean. Similarly, these features are conclusion. spawning gravels, water quality and essential to the conservation of adults quantity, side channels, forage species). because they provide a final source of Primary Constituent Elements The specific PCEs include: abundant forage that will provide the In determining what areas are critical 1. Freshwater spawning sites with energy stores needed to make the habitat, agency regulations at 50 CFR water quantity and quality conditions physiological transition to fresh water, 424.12(b) require that we must and substrate supporting spawning, migrate upstream, avoid predators, and ‘‘consider those physical or biological incubation and larval development. develop to maturity upon reaching features that are essential to the These features are essential to spawning areas. conservation of a given species * * *, conservation because without them the 5. Nearshore marine areas free of including space for individual and species cannot successfully spawn and obstruction with water quality and population growth and for normal produce offspring. quantity conditions and forage, behavior; food, water, air, light, 2. Freshwater rearing sites with water including aquatic invertebrates and minerals, or other nutritional or quantity and floodplain connectivity to fishes, supporting growth and physiological requirements; cover or form and maintain physical habitat maturation; and natural cover such as shelter; sites for breeding, reproduction, conditions and support juvenile growth submerged and overhanging large wood, and rearing of offspring; and habitats and mobility; water quality and forage aquatic vegetation, large rocks and that are protected from disturbance or supporting juvenile development; and boulders, and side channels. As in the are representative of the historical natural cover such as shade, submerged case with freshwater migration corridors geographical and ecological distribution and overhanging large wood, log jams and estuarine areas, nearshore marine of a species.’’ The regulations further and beaver dams, aquatic vegetation, features are essential to conservation direct us to ‘‘focus on the principal large rocks and boulders, side channels, because without them juveniles cannot biological or physical constituent and undercut banks. These features are successfully transition from natal elements * * * that are essential to the essential to conservation because streams to offshore marine areas. conservation of the species,’’ and without them juveniles cannot access 6. Offshore marine areas with water specify that the ‘‘known primary and use the areas needed to forage, quality conditions and forage, including constituent elements shall be listed with grow, and develop behaviors (e.g., aquatic invertebrates and fishes, the critical habitat description.’’ The predator avoidance, competition) that supporting growth and maturation. regulations identify primary constituent help ensure their survival. These features are essential for elements (PCEs) as including, but not 3. Freshwater migration corridors free conservation because without them limited to: ‘‘roost sites, nesting grounds, of obstruction with water quantity and juveniles cannot forage and grow to spawning sites, feeding sites, seasonal quality conditions and natural cover adulthood. However, for the reasons wetland or dryland, water quality or such as submerged and overhanging stated previously in this document, it is quantity, host species or plant large wood, aquatic vegetation, large difficult to identify specific areas pollinator, geological formation, rocks and boulders, side channels, and containing this PCE as well as human vegetation type, tide, and specific soil undercut banks supporting juvenile and activities that may affect the PCE types.’’ adult mobility and survival. These condition in those areas. Therefore, we NMFS biologists developed a list of features are essential to conservation have not designated any specific areas PCEs that are essential to the species’ because without them juveniles cannot based on this PCE but instead have conservation and based on the unique use the variety of habitats that allow identified it because it is essential to the life history of salmon and steelhead and them to avoid high flows, avoid species’ conservation and specific their biological needs (Hart, 1973; predators, successfully compete, begin offshore areas may be identified in the Beauchamp et al., 1983; Laufle et al., the behavioral and physiological future (in which case any designation 1986; Pauley et al., 1986, 1988, and changes needed for life in the ocean, would be subject to separate 1989; Groot and Margolis, 1991; Spence and reach the ocean in a timely manner. rulemaking). et al., 1996). Guiding the identification Similarly, these features are essential for The occupied habitat areas designated of PCEs was a decision matrix we adults because they allow fish in a non- in this final rule contain PCEs required developed for use in ESA section 7 feeding condition to successfully swim to support the biological processes for
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52522 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
which the species use the habitat. The if the areas are determined by the defined by its bankfull elevation. CHARTs verified this for each Secretary to be ‘‘essential for the Bankfull elevation is the level at which watershed/nearshore zone by relying on conservation of the species.’’ NMFS water begins to leave the channel and the best available scientific data regulations at 50 CFR 424.12(e) move into the floodplain (Rosgen, 1996) (including species distribution maps, emphasize that we ‘‘shall designate as and is reached at a discharge which watershed analyses, and habitat critical habitat areas outside the generally has a recurrence interval of 1 surveys) during their review of occupied geographical area presently occupied by to 2 years on the annual flood series areas and resultant assessment of area a species only when a designation (Leopold et al., 1992). Such an interval conservation values (NMFS, 2005a). The limited to its present range would be is commensurate with nearly all of the contribution of the PCEs varies by site inadequate to ensure the conservation of juvenile freshwater life phases of most and biological function such that the the species.’’ The CHARTs did identify salmon and steelhead ESUs. Therefore, quality of the elements may vary within several unoccupied areas above dams it is reasonable to assert that for an a range of acceptable conditions. The that may be essential for the occupied stream reach this lateral extent CHARTs took this variation into account conservation of specific ESUs, primarily is regularly ‘‘occupied’’. Moreover, the when they assessed the conservation within the historical range of the Central bankfull elevation can be readily value of an area. Valley spring run Chinook, Central discerned for a variety of stream reaches Valley steelhead, and Southern and stream types using recognizable Special Management Considerations or California steelhead ESUs (see proposed water lines (e.g., marks on rocks) or Protections rule; 69 FR 71880; December 10, 2004); vegetation boundaries (Rosgen, 1996). An occupied area cannot be however, we are not designating As underscored in previous critical designated as critical habitat unless it unoccupied areas at this time. Though habitat designations, the quality of contains physical and biological it is not possible to conclude at this time aquatic habitat within stream channels features that ‘‘may require special that any of these historically occupied is intrinsically related to the adjacent management considerations or areas warrant designation, we believe it riparian zones and floodplain, to protection.’’ Agency regulations at is useful to signal to the public that surrounding wetlands and uplands, and 424.02(j) define ‘‘special management these specific areas may be considered to non-fish-bearing streams above considerations or protection’’ to mean for possible designation in the future. occupied stream reaches. Human ‘‘any methods or procedures useful in However, any designation of activities that occur outside the stream protecting physical and biological unoccupied areas would be based on the can modify or destroy physical and features of the environment for the required determination that such area is biological features of the stream. In conservation of listed species.’’ essential for the conservation of an ESU addition, human activities that occur As part of the biological assessment and would be subject to separate within and adjacent to reaches upstream described below under ‘‘Critical Habitat rulemaking with the opportunity for (e.g., road failures) or downstream (e.g., Analytical Review Teams,’’ teams of notice and comment. dams) of designated stream reaches can biologists examined each habitat area to also have demonstrable effects on determine whether the physical or Lateral Extent of Critical Habitat physical and biological features of biological features may require special In past designations we have designated reaches. management consideration. These described the lateral extent of critical In estuarine areas we believe that determinations are identified for each habitat in various ways ranging from extreme high water is the best descriptor area in the CHART report (NMFS, fixed distances to ‘‘functional’’ zones of lateral extent. We are designating the 2005a). In the case of salmon and defined by important riparian functions area inundated by extreme high tide steelhead, the CHARTs identified a (65 FR 7764; February 16, 2000). Both because it encompasses habitat areas variety of activities that threaten the approaches presented difficulties, and typically inundated and regularly physical and biological features this was highlighted in several occupied during the spring and summer essential to listed salmon and steelhead comments (most of which requested that when juvenile salmon are migrating in (see review by Spence et al., 1996), we focus on aquatic areas only) received the nearshore zone and relying heavily including: (1) Forestry; (2) grazing and in response to the ANPR (68 FR 55926; on forage, cover, and refuge qualities other associated rangeland activities; (3) September 29, 2003). Designating a set provided by these occupied habitats. As agriculture; (4) road building/ riparian zone width will (in some noted above for stream habitat areas, maintenance; (5) channel modifications/ places) accurately reflect the distance human activities that occur outside the diking/stream bank stabilization; (6) from the stream on which PCEs might area inundated by extreme or ordinary urbanization; (7) sand and gravel be found, but in other cases may over- high water can modify or destroy mining; (8) mineral mining; (9) dams; or understate the distance. Designating physical and biological features of the (10) irrigation impoundments and a functional buffer avoids that problem, nearshore habitat areas, and Federal withdrawals; (11) wetland loss/removal; but makes it difficult for Federal agencies must be aware of these (12) exotic/invasive species agencies to know in advance what areas important habitat linkages as well. introductions; and (13) impediments to are critical habitat. To address these Military Lands migration. In addition to these, the issues we are proposing to define the harvest of salmonid prey species (e.g., lateral extent of designated critical The Sikes Act of 1997 (Sikes Act) (16 forage fishes such as herring, anchovy, habitat as the width of the stream U.S.C. 670a) required each military and sardines) may present another channel defined by the ordinary high- installation that includes land and water potential habitat-related management water line as defined by the COE in 33 suitable for the conservation and activity (Pacific Fishery Management CFR 329.11. This approach is consistent management of natural resources to Council, 1999). with the specific mapping requirements complete, by November 17, 2001, an described in agency regulations at 50 INRMP. An INRMP integrates Unoccupied Areas CFR 424.12(c). In areas for which implementation of the military mission ESA section 3(5)(A)(ii) defines critical ordinary high-water has not been of the installation with stewardship of habitat to include ‘‘specific areas defined pursuant to 33 CFR 329.11, the the natural resources found there. Each outside the geographical area occupied’’ width of the stream channel shall be INRMP includes: an assessment of the
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52523
ecological needs on the installation, Air Station. None of the remaining The CHARTs examined each habitat including the need to provide for the facilities with INRMPs in place area within the watershed to determine conservation of listed species; a overlapped with or were adjacent to whether the stream reaches or lakes statement of goals and priorities; a habitat under consideration for critical occupied by the species contain the detailed description of management habitat based on the information physical or biological features essential actions to be implemented to provide available to us. All of these INRMPs are to conservation. As noted previously, for these ecological needs; and a final except for the Vandenberg Air the CHARTs also relied on their monitoring and adaptive management Force Base INRMP, which is expected to experience conducting ESA section 7 plan. Among other things, each INRMP be finalized in the near term. consultations and existing management must, to the extent appropriate and We identified habitat of value to listed plans and protective measures to applicable, provide for fish and wildlife salmonids in each INRMP and reviewed determine whether these features may management, fish and wildlife habitat these plans, as well as other information require special management enhancement or modification, wetland available regarding the management of considerations or protection. protection, enhancement, and these military lands. Our review In addition to occupied areas, the restoration where necessary to support indicates that each of these INRMPs definition of critical habitat also fish and wildlife and enforcement of addresses habitat for salmonids, and all includes unoccupied areas if we applicable natural resource laws. contain measures that provide benefits determine that area is essential for The National Defense Authorization to ESA-listed salmon and steelhead. conservation of a species. Accordingly Act for Fiscal Year 2004 (Pub. L. No. Examples of the types of benefits the CHARTs were also asked whether 108–136) amended the ESA to address include actions that control erosion, there were any unoccupied areas within designation of military lands as critical protect riparian zones, minimize the historical range of the ESUs that habitat. Specifically, section 4(a)(3)(B)(i) stormwater and construction impacts, may be essential for conservation. For of the ESA (16 U.S.C. 1533(a)(3)(B)(i)) reduce contaminants, and monitor listed the seven ESUs addressed in this now provides: ‘‘The Secretary shall not species and their habitats. As a result of rulemaking, the CHARTs did not have designate as critical habitat any lands or our review, we have determined that the sufficient information that would allow other geographical areas owned or final INRMPs and the draft INRMP for them to conclude that specific controlled by the Department of Vandenberg Air Force Base provide a unoccupied areas were essential for Defense, or designated for its use, that benefit to the species for which critical conservation; however, in many cases are subject to an integrated natural habitat is proposed for designation, and, they were able to identify areas they resources management plan prepared therefore, we are not designating critical believed may be determined essential under section 101 of the Sikes Act (16 habitat in those areas. Also, we have through future recovery planning U.S.C. 670a), if the Secretary determines received information from the efforts. These were described in the in writing that such plan provides a Vandenberg Air Force Base and Camp proposed critical habitat designation benefit to the species for which critical Pendleton Marine Corps Base rule (69 FR 71880). habitat is proposed for designation.’’ identifying national security impacts to The CHARTs were next asked to To address this new provision we their operations from critical habitat determine the relative conservation contacted the DOD and requested designation. Our consideration of such value of each occupied HSA watershed information on all INRMPs that might impacts is separate from our assessment area for each ESU. The CHARTs scored benefit Pacific salmon. In response to of INRMPs, but serves as an each habitat area based on several the ANPR (68 FR 55926; September 29, independent and sufficient basis for our factors related to the quantity and 2003) we had already received a letter determination not to designate those quality of the physical and biological from the U.S. Marine Corps regarding areas as critical habitat. features. They next considered each area this and other issues associated with a in relation to other areas and with possible critical habitat designation on Critical Habitat Analytical Review respect to the population occupying that its facilities in the range of the Southern Teams area. Based on a consideration of the California Steelhead ESU. In response to To assist in the designation of critical raw scores for each area, and a our request, the military services habitat, we convened several CHARTs consideration of that area’s contribution identified 25 installations in California organized by major geographic domains in relation to other areas and in relation with INRMPs in place or under that roughly correspond to salmon to the overall population structure of the development. Based on information recovery planning domains in ESU, the CHARTs rated each habitat provided by the military, as well as GIS California. The CHARTs consisted of area as having a ‘‘high,’’ ‘‘medium,’’ or analysis of fish distributional NMFS fishery biologists from the ‘‘low’’ conservation value. The information compiled by NMFS’’ Southwest Region with demonstrated preliminary CHART ratings were Southwest Region (NMFS, 2004b; expertise regarding salmonid habitat reviewed by several state and tribal co- NMFS, 2005a) and land use data, we and related protective efforts within the managers in advance of the proposed determined that the following facilities domain. The CHARTs were tasked with rule and the CHARTs made needed with INRMPs overlap with habitat areas compiling and assessing biological changes prior to that rule. State co- under consideration for critical habitat information pertaining to areas under managers also evaluated our proposed designation in California: (1) Camp consideration for designation as critical rule and provided comments and new Pendleton Marine Corps Base; (2) habitat. Each CHART worked closely information which were also reviewed Vandenberg Air Force Base; (3) Camp with GIS specialists to develop maps and incorporated as needed by the San Luis Obispo; (4) Camp Roberts; and depicting the spatial distribution of CHARTs in the preparation of the final (5) Mare Island Army Reserve Center. habitat occupied by each ESU and the designations. Two additional facilities are adjacent to, use of occupied habitat on stream The rating of habitat areas as having but do not overlap with, habitat areas hydrography at a scale of 1:100,000. The a high, medium, or low conservation under consideration for critical habitat CHARTs also reconvened to review the value provided information useful to in California: (1) Naval Weapons public comments and any new inform the Secretary’s exercise of Station, Seal Beach/Concord information regarding the ESUs and discretion in balancing whether the Detachment; and (2) Point Mugu Naval habitat in their domain. benefits of exclusion outweigh the
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52524 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
benefits of designation in ESA section migration corridor as having a similar regarding the statutory requirement to 4(b)(2). The higher the conservation conservation value. consider the economic impact of value for an area, the greater may be the designation. Areas designated as critical V. Application of ESA Section 4(b)(2) likely benefit of the ESA section 7 habitat are subject to ESA section 7 protections. We recognized that the The foregoing discussion describes requirements, which provide that ‘‘benefit of designation’’ would also those areas that are eligible for Federal agencies ensure that their depend on the likelihood of a designation as critical habitat—the actions are not likely to destroy or consultation occurring and the specific areas that fall within the ESA adversely modify critical habitat. To improvements in species’ conservation section 3(5)(A) definition of critical evaluate the economic impact of critical that may result from changes to habitat, minus those lands owned or habitat we first examined our proposed Federal actions. To address controlled by the DOD, or designated for voluminous section 7 consultation this concern, we developed a profile for its use, that are covered by an INRMP record for these as well as other ESUs a ‘‘low leverage’’ watershed—that is, a that we have determined provides a of salmon. (For thoroughness, we watershed where it was unlikely there benefit to the species. examined the consultation record for would be a section 7 consultation, or Specific areas eligible for designation other ESUs to see if it shed light on the where a section 7 consultation, if it did are not automatically designated as issues.) That record includes occur, would yield few conservation critical habitat. Section 4(b)(2) of the consultations on habitat-modifying benefits. For watersheds not meeting the ESA requires that the Secretary first Federal actions both where critical ‘‘low leverage’’ profile, we considered considers the economic impact, impact habitat has been designated and where their conservation rating to be a fair on national security, and any other it has not. We could not discern a assessment of the benefit of designation, relevant impact. The Secretary has the distinction between the impacts of discretion to exclude an area from for purposes of our cost-effectiveness applying the jeopardy provision versus designation if he determines the benefits framework (NMFS 2005c). For the adverse modification provision in of exclusion (that is, avoiding the watersheds meeting the ‘‘low leverage’’ occupied critical habitat. Given our impact that would result from profile, we considered the benefit of inability to detect a measurable designation) outweigh the benefits of designation to be an increment lower difference between the impacts of designation. The Secretary may not than the conservation rating. For applying these two provisions, the only exclude an area from designation if example, therefore, a watershed with a reasonable alternative seemed to be to exclusion will result in the extinction of ‘‘high’’ conservation value but ‘‘low follow the recommendation of the Tenth the species. Because the authority to leverage’’ was considered to have a Circuit, approved by the NAHB court— exclude is discretionary, exclusion is to measure the coextensive impacts; that ‘‘medium’’ benefit of designation, and not required for any areas. In this so forth. We then applied the dollar is, measure the entire impact of rulemaking, the Secretary has applied applying the adverse modification thresholds for exclusion appropriate to his statutory discretion to exclude areas the adjusted ‘‘benefit of designation.’’ provision of section 7, regardless of from critical habitat for several different whether the jeopardy provision alone As discussed earlier, the scale chosen reasons. would result in the identical impact. for the ‘‘specific area’’ referred to in In this exercise of discretion, the first The Tenth Circuit’s opinion only section 3(5)(a) was an HSA watershed as issue we must address is the scope of addressed ESA section 4(b)(2)’s delineated by the CALWATER impacts relevant to the 4(b)(2) requirement that economic impacts be watershed classification system. This evaluation. As discussed in the considered. The court did not address delineation required us to adapt the Background and Previous Federal how ‘‘other relevant impacts’’ were to be approach for some areas. For example, Action section, we are re-designating considered, nor did it address the a large stream or river might serve as a critical habitat for these seven ESUs benefits of designation. Because section rearing and migration corridor to and because the previous designations were 4(b)(2) requires a consideration of other from many watersheds, yet be vacated (National Association of relevant impacts of designation, and the embedded itself in a watershed. In any Homebuilders v. Evans, 2002 WL benefits of designation, and because our given watershed through which it 1205743 No. 00–CV–2799 (D.D.C.) record did not support a distinction passes, the stream may have a few or (NAHB)). The NAHB court had agreed between impacts resulting from several tributaries. For rearing/migration with the reasoning of the Court of application of the adverse modification corridors embedded in a watershed, the Appeals for the Tenth Circuit in New provision versus the jeopardy provision, CHARTs were asked to rate the Mexico Cattle Growers Association v. we are uniformly considering conservation value of the watershed U.S. Fish and Wildlife Service, 248 F.3d coextensive impacts and coextensive based on the tributary habitat. We 1277 (10th Cir. 2001). In that decision, benefits, without attempting to assigned the rearing/migration corridor the Tenth Circuit stated ‘‘[t]he statutory distinguish the benefit of a critical the rating of the highest-rated watershed language is plain in requiring some kind habitat consultation from the benefit for which it served as a rearing/ of consideration of economic impact in that would otherwise result from a migration corridor. The reason for this the critical habitat designation phase.’’ jeopardy consultation that would occur treatment of migration corridors is the The Tenth Circuit concluded that, given even if critical habitat were not role they play in the salmon’s life cycle. the USFWS’’ failure to distinguish designated. To do otherwise would Salmon are anadromous—born in fresh between ‘‘adverse modification’’ and distort the balancing test contemplated water, migrating to salt water to feed ‘‘jeopardy’’ in its 4(b)(2) analysis, the by section 4(b)(2). and grow, and returning to fresh water USFWS must analyze the full impacts of The principal benefit of designating to spawn. Without a rearing/migration critical habitat designation, regardless of critical habitat is that Federal activities corridor to and from the sea, salmon whether those impacts are coextensive that may affect such habitat are subject cannot complete their life cycle. It with other impacts (such as the impact to consultation pursuant to section 7 of would be illogical to consider a of the jeopardy requirement). the ESA. Such consultation requires spawning and rearing area as having a In re-designating critical habitat for every Federal agency to ensure that any particular conservation value and not these salmon ESUs, we have followed action it authorizes, funds or carries out consider the associated rearing/ the Tenth Circuit Court’s directive is not likely to result in the destruction
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52525
or adverse modification of critical would be difficult to quantify reliably stream habitat. These percentages are habitat. This complements the section 7 the benefits of including particular areas likely overestimates as they include all provision that Federal agencies ensure in the critical habitat designation. habitat area within reservation that their actions are not likely to Although it is difficult to monetize or boundaries. jeopardize the continued existence of a quantify benefits of critical habitat There are several benefits to listed species. Another benefit is that designation, it is possible to excluding Indian lands. The the designation of critical habitat can differentiate among habitat areas based longstanding and distinctive serve to educate the public regarding the on their relative contribution to relationship between the Federal and potential conservation value of an area conservation. For example, habitat areas tribal governments is defined by and thereby focus and contribute to can be rated as having a high, medium, treaties, statutes, executive orders, conservation efforts by clearly or low conservation value. The judicial decisions, and agreements, delineating areas of high conservation qualitative ordinal evaluations can then which differentiate tribal governments value for certain species. It is unknown be combined with estimates of the from the other entities that deal with, or to what extent this process actually economic costs of critical habitat are affected by, the Federal government. occurs, and what the actual benefit is, designation in a framework that This relationship has given rise to a as there are also concerns, noted above, essentially adopts that of cost- special Federal trust responsibility that a critical habitat designation may effectiveness. Individual habitat areas involving the legal responsibilities and discourage such conservation efforts. can then be assessed using both their obligations of the United States toward The balancing test in ESA section biological evaluation and economic Indian Tribes and the application of 4(b)(2) contemplates weighing benefits cost, so that areas with high fiduciary standards of due care with that are not directly comparable—the conservation value and lower economic respect to Indian lands, tribal trust benefit associated with species cost might be considered to have a resources, and the exercise of tribal conservation balanced against the higher priority for designation, while rights. Pursuant to these authorities economic benefit, benefit to national areas with a low conservation value and lands have been retained by Indian security, or other relevant benefit that higher economic cost might have a Tribes or have been set aside for tribal results if an area is excluded from higher priority for exclusion. While this use. These lands are managed by Indian designation. Section 4(b)(2) does not approach can provide useful Tribes in accordance with tribal goals specify a method for the weighing information to the decision-maker, there and objectives within the framework of process. Agencies are frequently is no rigid formula through which this applicable treaties and laws. required to balance benefits of information translates into exclusion In addition to the distinctive trust regulations against impacts; E.O. 12866 decisions. Every geographical area relationship for Pacific salmon and established this requirement for Federal containing habitat eligible for steelhead in California and in the agency regulation. Ideally such a designation is different, with a unique Northwest, there is a unique partnership balancing would involve first translating set of ‘‘relevant impacts’’ that may be between the Federal government and the benefits and impacts into a common considered in the exclusion process. Indian tribes regarding salmon metric. Executive branch guidance from Regardless of the analytical approach, management. Indian tribes in California the OMB suggests that benefits should section 4(b)(2) makes clear that what and the Northwest are regarded as ‘‘co- first be monetized (i.e., converted into weight the agency gives various impacts managers’’ of the salmon resource, along dollars). Benefits that cannot be and benefits, and whether the agency with Federal and State managers. This monetized should be quantified (for excludes areas from the designation, is co-management relationship evolved as example, numbers of fish saved). Where discretionary. a result of numerous court decisions benefits can neither be monetized nor clarifying the tribes’ treaty right to take quantified, agencies are to describe the Exclusions Based on Impacts to Tribes fish in their usual and accustomed expected benefits (OMB, 2003). The principal benefit of designating places. It may be possible to monetize critical habitat is that Federal activities The benefits of excluding Indian benefits of critical habitat designation that may affect such habitat are subject lands from designation include: (1) The for a threatened or endangered species to consultation pursuant to section 7 of furtherance of established national in terms of willingness-to-pay (OMB, the ESA. We believe there is very little policies, our Federal trust obligations 2003). However, we are not aware of any benefit to designating critical habitat on and our deference to the tribes in available data that would support such Indian lands for these seven ESUs. management of natural resources on an analysis for salmon. In addition, ESA Although there are potentially a number their lands; (2) the maintenance of section 4(b)(2) requires analysis of of activities on Indian lands that may effective long-term working impacts other than economic impacts trigger section 7 consultation, Indian relationships to promote the that are equally difficult to monetize, lands comprise only a very minor conservation of salmonids on an such as benefits to national security of portion (substantially less than 1 ecosystem-wide basis; (3) the allowance excluding areas from critical habitat. In percent) of the total habitat under for continued meaningful collaboration the case of salmon designations, impacts consideration for these seven California and cooperation in scientific work to to Northwest tribes are an ‘‘other ESUs. Specifically, occupied stream learn more about the conservation needs relevant impact’’ that also may be reaches on Indian lands only occur of the species on an ecosystem-wide difficult to monetize. within the range of the California basis; and (4) continued respect for An alternative approach, approved by Coastal Chinook, Northern California tribal sovereignty over management of OMB (OMB, 2003), is to conduct a cost- steelhead, and Central California Coast natural resources on Indian lands effectiveness analysis. A cost- steelhead ESUs, and these areas through established tribal natural effectiveness analysis ideally first represent less than 0.1 percent of the resource programs. involves quantifying benefits, for total occupied habitat under We believe that the current co- example, percent reduction in consideration for these three ESUs. manager process addressing activities extinction risk, percent increase in Based on our analysis, the remaining on an ecosystem-wide basis across the productivity, or increase in numbers of four ESUs did not contain any Indian State is currently beneficial for the fish. Given the state of the science, it lands that overlapped with occupied conservation of the salmonids. Because
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52526 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
the co-manager process provides for non-Federal land through such Similarly, we do not believe it provides coordinated ongoing focused action partnerships than we can through an incentive to other landowners to seek through a variety of forums, we find the coercive methods (61 FR 63854; an HCP if our exclusions are not in benefits of this process to be greater December 2, 1996). response to an expressed landowner than the benefits of applying ESA Section 10(a)(1)(B) of the ESA preference. We anticipate further section 7 to Federal activities on Indian authorizes us to issue to non-Federal rulemaking in the near future to refine lands, which comprise much less than entities a permit for the incidental take these designations, for example, in one percent of the total area under of endangered and threatened species. response to developments in recovery consideration for these ESUs. This permit allows a non-Federal planning. As part of future revisions, we Additionally, we have determined that landowner to proceed with an activity will consider information we receive the exclusion of tribal lands will not that is legal in all other respects, but from those with approved HCPs result in the extinction of the species that results in the incidental taking of a regarding the effect of designation on concerned. We also believe that listed species (i.e., take that is incidental our ongoing partnership. We did not maintenance of our current co-manager to, and not the purpose of, the carrying consider pending HCPs for exclusion, relationship consistent with existing out of an otherwise lawful activity). The both because we do not want to policies is an important benefit to ESA specifies that an application for an prejudge the outcome of the ongoing continuance of our tribal trust incidental take permit must be HCP process, and because we expect to responsibilities and relationship. Based accompanied by a conservation plan, have future opportunities to refine the upon our consultation with the Round and specifies the content of such a plan. designation and consider whether Valley Indian Tribes and the BIA, we The purpose of such an HCP is to exclusion will outweigh the benefit of believe that designation of Indian lands describe and ensure that the effects of designation in a particular case. as critical habitat would adversely the permitted action on covered species Exclusions Based on National Security impact our working relationship and the are adequately minimized and Impacts benefits resulting from this relationship. mitigated, and that the action does not Based upon these considerations, we appreciably reduce the survival and As previously noted (see Military have decided to exercise agency recovery of the species. Lands section), we evaluated several discretion under ESA section 4(b)(2) To date we have not excluded critical DOD sites with draft or final INRMPs and exclude Indian lands from the habitat on lands covered by an HCP, but and determined that each INRMP critical habitat designation for these we acknowledged in our proposed rule provides a benefit to the listed salmon ESUs of salmonids. The Indian lands that this was an emerging issue and that or steelhead ESUs under consideration specifically excluded from critical the benefits of such exclusions may at the site. Therefore, we conclude that habitat are those defined in the outweigh the benefits of designation (69 those areas subject to final INRMPs are Secretarial Order, including: (1) Lands FR 74623; December 14, 2004). As not eligible for designation pursuant to held in trust by the United States for the described in greater detail above (see section 4(a)(3)(B)(I) of the ESA (16 benefit of any Indian tribe; (2) land held Comment 42) and in our assessment of U.S.C. 1533(A)(3)). At the request of the in trust by the United States for any HCPs associated with this final DOD (and in the case that an INRMP Indian Tribe or individual subject to rulemaking (NMFS, 2005e), the analysis might not provide a benefit to the restrictions by the United States against required for these types of exclusions species), we also assessed the impacts alienation; (3) fee lands, either within or requires careful consideration of the on national security that may result outside the reservation boundaries, benefits of designation versus the from designating these and other DOD owned by the tribal government; and (4) benefits of exclusion to determine sites as critical habitat. fee lands within the reservation whether benefits of exclusion outweigh The U.S. Marine Corps provided boundaries owned by individual benefits of designation. The benefits of comments in response to the ANPR (68 Indians. The Indian tribes for which designation typically arise from FR 55926; September 29, 2003) these exclusions apply in California additional section 7 protections as well regarding its INRMP for Camp include: Big Lagoon Reservation, Blue as enhanced public awareness once Pendleton Marine Corps Base and Lake Rancheria, Round Valley Indian specific areas are identified as critical potential impacts to national security Tribes, Laytonville Rancheria, Redwood habitat. The benefits of exclusion for this facility, which is within the Valley Rancheria, Coyote Valley generally relate to relieving regulatory range of the Southern California O. Reservation, and Manchester-Point burdens on existing conservation mykiss ESU. By letter, NMFS Arena Rancheria. We have determined partners, maintaining good working subsequently provided the DOD with that these exclusions, together with the relationships with them, and information about the areas we were other exclusions described in this rule, encouraging the development of new considering to designate as critical will not result in the extinction of any partnerships. habitat for the seven ESUs in California of the seven ESUs in this designation. Based on comments received on our (as well as the 13 ESUs in the Pacific proposed rule, we could not conclude Northwest), and, in addition to a request Impacts to Landowners With that all landowners view designation of for information about DOD’s INRMPs, Contractual Commitments to critical habitat as imposing a burden, requested information about potential Conservation and exclusion from designation as impacts to national security as a result Conservation agreements with non- removing that burden and thereby of any critical habitat designation. In Federal landowners (e.g., HCPs) strengthening the ongoing relationship. response to that request and also in enhance species conservation by Where an HCP partner affirmatively comments on the proposed critical extending species’ protections beyond requests designation, exclusion is likely habitat designation (69 FR 71880), the those available through section 7 to harm rather than benefit the Camp Pendleton Marine Corps Base and consultations. In the past decade we relationship. Where an HCP partner has Vandenberg Air Force Base provided have encouraged non-Federal remained silent on the benefit of detailed information on such impacts to landowners to enter into conservation exclusion of its land, we do not believe their operations. Both military agencies agreements, based on a view that we can the record supports a presumption that concluded that critical habitat achieve greater species’ conservation on exclusion will enhance the relationship. designation at either of these sites
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52527
would likely impact national security by salmon ESUs, if appropriate, following the coextensive economic impact of diminishing military readiness, with completion of related rulemaking (67 FR ESA section 7 requirements. For possible impacts including: (1) The 6215; February 11, 2002). Given the example, we lacked data on the likely prevention, restriction, or delay in uncertainty that these designations will impact on flows at non-Federal training or testing exercises or access to remain in place in their current hydropower projects, which would such sites; (2) the restriction or delay in configuration, we decided not to increase economic impacts. In addition, activities associated with space consider them as part of the baseline for we did not have information about launches; (3) a delay in response times the ESA section 4(b)(2) analysis. potential changes in irrigation flows for troop deployments and overall From the consultation record, we associated with section 7 consultation operations; and (4) the creation of identified Federal activities that might which would likely increase the uncertainties regarding ESA affect habitat and that might result in an estimate of coextensive costs. On the consultation (e.g., reinitiation ESA section 7 consultation. (We did not other hand, we estimated an impact on requirements) or imposition of consider Federal actions, such as the all activities occurring within the compliance conditions that would approval of a fishery, that might affect geographic boundaries of a watershed, divert military resources. Also, both the species directly but not affect its even though in some cases activities military agencies cited their ongoing habitat.) We identified ten types of would be far removed from occupied and positive consultation history with activities including: Hydropower dams; stream reaches and so might not require NMFS and underscored cases where non-hydropower dams and other water modification. In addition, we were they are implementing best management supply structures; federal lands unable to document significant costs of practices to reduce impacts on listed management, including grazing critical habitat designation that occur salmonids. The occupied fish habitat (considered separately); transportation outside the section 7 consultation occurring on Camp Pendleton and projects; utility line projects; instream process, including costs resulting from Vandenberg AFB have important activities, including dredging state or local regulatory burdens conservation value, but they are (considered separately); activities imposed on developers and landowners primarily migratory corridors and permitted under EPA’s National as a result of a Federal critical habitat represent only a small percentage of the Pollution Discharge Elimination System; designation. total occupied habitat area for the sand & gravel mining; residential and In determining whether the economic Southern California steelhead ESU. commercial development; and benefit of excluding a habitat area might Designating habitat on these two agricultural pesticide applications. outweigh the benefit of designation to installations will likely reduce the Based on our consultation record and the species, we took into consideration readiness capability of the Marine Corps other available information, we the many data limitations described and the Air Force, both of which are determined the modifications each type above. The ESA requires that we make actively engaged in training, of activity was likely to undergo as a critical habitat designations within a maintaining, and deploying forces in the result of section 7 consultation short time frame ‘‘with such data as may current war on terrorism. Therefore, we (regardless of whether the modification be available’’ at the time. Moreover the conclude that the benefits of exclusion might be required by the jeopardy or the cost-effectiveness approach we adopted outweigh the benefits of designation, adverse modification provision). We accommodated many of these data and we are not proposing to designate developed an expected direct cost for limitations by considering the relative these DOD sites as critical habitat. each type of action and projected the benefits of designation and exclusion, likely occurrence of each type of project giving priority to excluding habitat areas Exclusions Based on Economic Impacts in each watershed, using existing spatial with a relatively lower benefit of Our assessment of economic impact databases (e.g., the COE 404(d) permit designation and a relatively higher generated considerable interest from database). Finally, we aggregated the economic impact. commenters on the ANPR (68 FR 55926; costs from the various types of actions The circumstances of most of the September 29, 2003) and the proposed and estimated an annual impact, taking listed ESUs can make a cost- rule (69 FR 71880; December 10, 2004). into account the probability of effectiveness approach useful. Pacific Based on new information and consultation occurring and the likely salmon are wide-ranging species and comments received on the proposed rate of occurrence of that project type. occupy numerous habitat areas with rule, we have updated the economics This analysis allowed us to estimate thousands of stream miles. Not all report wherein we document our the coextensive economic impact of occupied areas, however, are of equal conclusions regarding the economic designating each ‘‘particular area’’ (that importance to conserving an ESU. impacts of designating each of the is, each habitat area, or aggregated Within the currently occupied range particular areas found to meet the occupied stream reaches in an HSA there are areas that support highly definition of critical habitat (NMFS, watershed). Expected economic impacts productive populations, areas that 2005b). This report is available from ranged from zero to in excess of 1 support less productive populations, NMFS (see ADDRESSES). million dollars per habitat area. Where and areas that support production in The first step in the overall economic a watershed included both tributaries only some years. Some populations analysis was to identify existing legal and a migration corridor that served within an ESU may be more important and regulatory constraints on economic other watersheds, we attempted to to long-term conservation of the ESU activity that are independent of critical estimate the separate impacts of than other populations. Therefore, in habitat designation, such as Clean Water designating the tributaries and the many cases it may be possible to Act (CWA) requirements. Coextensive migration corridor. We did this by construct different scenarios for impacts of the ESA section 7 identifying those categories of activities achieving conservation. Scenarios might requirement to avoid jeopardy were not most likely to affect tributaries and have more or less certainty of achieving considered part of the baseline. Also, we those most likely to affect larger conservation, and more or less have stated our intention to revisit the migration corridors. economic impact. existing critical habitat designations for Because of the methods we selected Our first step in constructing an Sacramento River winter run Chinook and the data limitations, portions of our exclusion scenario was to identify all salmon and two California coastal coho analysis both under- and over-estimate watershed areas we would consider for
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52528 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
an economic exclusion based on dollar follows the Tenth Circuit’s direction to the information they had developed in thresholds. The next step was to consider coextensive economic impacts, providing the initial conservation examine those areas potentially eligible we nevertheless must acknowledge that ratings. The following section describes for exclusion based on dollar thresholds not all of the costs will be avoided by the results of applying the two-step to determine whether or not any of them exclusion from designation. Finally, the process to each ESU. The results are would make an important contribution cost estimates developed by our discussed in more detail in a separate to conservation for the ESU. Based on economic analysis do not have obvious report that is available for public review the rating process used by the CHARTs, break points that would lead to a logical (NMFS, 2005c). We have determined we judged that all of the high division between high, medium and low that these exclusions, together with the conservation value habitat areas make costs. other exclusions described in this rule, an important contribution to Given these factors, a judgment that will not result in the extinction of any conservation, and therefore, we did not any particular dollar threshold is of the seven ESUs. consider them for exclusion. objectively correct would be neither VI. Critical Habitat Designation In developing criteria for the first necessary or possible. Rather, what step, we chose dollar thresholds that we economic impact is high, and therefore, We are designating approximately anticipated would lead most directly to might outweigh the benefit of 8,935 net mi (14,296 km) of riverine a cost effective scenario. We considered designating a medium or low value habitat and 470 mi2 (1,212 km2) of for exclusion, low value habitat areas habitat area is a matter of discretion and estuarine habitat in California within with an economic impact greater than depends on the policy context. The the geographical areas presently $70,000–85,000, and medium value policy context in which we carry out occupied by the seven ESUs. This areas with an economic impact greater this task led us to select dollar designation excludes approximately 771 than $300,000. thresholds that would likely lead to a net mi (1,233 km) of occupied riverine The criteria we selected for cost effective designation in a limited habitat as a result of economic identifying habitat areas eligible for amount of time with a relatively simple considerations, 32 mi (51 km) of exclusion do not represent an objective process. occupied riverine habitat on Tribal judgment that, for example, a low value In the second step of the process, we lands, and 44 mi (70 km) of occupied habitat area is worth a certain dollar asked the CHARTs whether any of the riverine habitat on DOD lands. Some of amount and no more. The ESA directs habitat areas (i.e., watersheds) eligible these areas in the final designation us to balance dissimilar values with a for exclusion make an important overlap substantially for two ESUs. The limited amount of time and therefore contribution to conservation of the ESU net economic impacts (coextensive with information. It emphasizes the in question. The CHARTs considered ESA section 7) associated with the areas discretionary nature of the balancing this question in the context of all of the designated for all ESUs are estimated to task. Moreover, while our approach areas eligible for exclusion as well as be approximately $81,647,439.
TABLE 7.—APPROXIMATE QUANTITY OF HABITAT * AND OWNERSHIP WITHIN WATERSHEDS CONTAINING HABITAT AREAS DESIGNATED AS CRITICAL HABITAT.
Estuary Ownership (percent) Streams Habitat ESU (mi) (Sq mi) (km) (Sq km) Federal Tribal State Private
California Coastal Chinook Salmon ...... 1,475 25 16.4 0.4 3.4 79.8 2,360 65 Northern California Steelhead ...... 3,028 25 18.8 0.5 3.7 77.1 4,844 65 Central California Coast Steelhead ...... 1,465 386 4.5 0.0 7.2 88.3 2,344 996 South-Central California Coast Steelhead ...... 1,249 3 16.3 0.0 2.2 81.6 2,000 8 Southern California Steelhead ...... 708 ...... 25.0 1.0 2.4 71.6 1,132 ...... Central Valley Spring Run Chinook Salmon ...... 1,158 254 12.1 0.0 3.3 84.5 1,853 655 Central Valley Steelhead ...... 2,308 254 8.6 0.0 3.1 88.3 3,693 655 * These estimates are the total amount for each ESU. They do not account for overlapping areas designated for multiple ESUs.
These areas designated, summarized estuarine range of this ESU. Eight (2,614 km) of stream habitat and below by ESU, are considered occupied watersheds received a low rating, 10 approximately 25 mi2 (65 km2) of and contain physical and biological received a medium rating, and 27 estuarine habitat (principally Humboldt features essential to the conservation of received a high rating of conservation Bay). Of these, 10.3 stream miles (16.5 the species and that may require special value to the ESU (NMFS, 2005a). Two km) are being excluded because they management considerations or estuarine habitat areas used for rearing overlap with Indian lands (see protection. and migration (Humboldt Bay and the Government-to-Government Eel River Estuary) also received a high California Coastal Chinook Salmon Relationship With Tribes). No lands conservation value rating. controlled by the DOD or covered by There are 45 occupied HSA HSA watershed habitat areas for this HCPs are being excluded from the final watersheds within the freshwater and ESU include approximately 1,634 mi designation. As a result of the balancing
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52529
process for economic impacts described stream miles (253 km) are being exclusions, would be $10,993,337. The above, the Secretary is excluding from excluded because the economic benefits exclusions identified in Table 8 would the designation the habitat areas shown of exclusion outweigh the benefits of reduce the total estimated economic in Table 8. Of the habitat areas eligible designation. The total potential impact by 33 percent to $7,333,751. for designation, approximately 158 estimated economic impact, with no
TABLE 8.—HSA WATERSHEDS WITHIN THE GEOGRAPHICAL RANGE OF THE CALIFORNIA COASTAL CHINOOK SALMON ESU AND EXCLUDED FROM CRITICAL HABITAT
Watershed code Watershed name Area excluded
111122 ...... Bridgeville ...... Entire watershed. 111142 ...... Spy Rock ...... Indian lands. 111150 ...... North Fork Eel River ...... Indian lands. 111171 ...... Eden Valley ...... Tributaries only; Indian lands. 111172 ...... Round Valley ...... Indian lands. 111173 ...... Black Butte River ...... Entire watershed. 111174 ...... Wilderness ...... Entire watershed. 111350 ...... Navarro River ...... Entire watershed. 111422 ...... Santa Rosa ...... Entire watershed. 111423 ...... Mark West ...... Entire watershed.
Northern California Steelhead HSA watershed habitat areas for this above, the Secretary is excluding from ESU include approximately 3,148 mi the designation the habitat areas shown There are 50 occupied HSA (5,037 km) of stream habitat and in Table 9. Of the habitat areas eligible watersheds within the freshwater and approximately 25 mi2 (65 km2) of for designation, approximately 120 estuarine range of this ESU. Nine estuarine habitat (principally Humboldt stream miles (192 km) are being watersheds received a low rating, 14 Bay). Of these, approximately 21 stream excluded because the economic benefits received a medium rating, and 27 miles (33.5 km) are being excluded of exclusion outweigh the benefits of received a high rating of conservation because they overlap with Indian lands designation. Total potential estimated value to the ESU (NMFS, 2005a). Two (see Government-to-Government economic impact, with no exclusions, Relationship With Tribes). No lands estuarine habitat areas used for rearing would be $8,773,432. The exclusions controlled by the DOD or covered by and migration (Humboldt Bay and the identified in Table 9 would reduce the HCPs are being excluded from the final Eel River Estuary) also received a high total estimated economic impact by 31 conservation value rating. designation. As a result of the balancing process for economic impacts described percent to $6,063,568.
TABLE 9.—HSA WATERSHEDS WITHIN THE GEOGRAPHICAL RANGE OF THE NORTHERN CALIFORNIA STEELHEAD ESU AND EXCLUDED FROM CRITICAL HABITAT
Watershed code Watershed name Area excluded
110940 ...... Ruth ...... Entire watershed. 111142 ...... Spy Rock ...... Tribal land. 111150 ...... North Fork Eel ...... Entire watershed; Indian lands. 111163 ...... Lake Pilsbury ...... Entire watershed. 111171 ...... Eden Valley ...... Indian lands. 111172 ...... Round Valley ...... Indian lands.
Central California Coast Steelhead HSA watershed habitat areas for this the Secretary is excluding from the ESU include approximately 1,832 mi designation the habitat areas shown in There are 46 occupied HSA (2,931 km) of stream habitat and Table 10. Of the habitat areas eligible for watersheds within the freshwater and approximately 442 mi2 (1,140 km2) of designation, approximately 367 stream estuarine range of this ESU. Fourteen estuarine habitat (principally San miles (587 km) and 56 mi2 of estuarine watersheds received a low rating, 13 Francisco Bay-San Pablo Bay). Of these, habitat are being excluded because the received a medium rating, and 19 approximately 0.6 stream miles (1.0 km) economic benefits of exclusion received a high rating of conservation are being excluded because they overlap outweigh the benefits of designation. value to the ESU (NMFS, 2005a). Five with Indian lands (Coyote Valley and Total potential estimated economic Redwood Valley Rancherias) (see of these HSA watersheds comprise impact, with no exclusions, would be Government-to-Government portions of the San Francisco-San Pablo- $18,577,246. The exclusions identified Relationship With Tribes). No lands Suisun Bay estuarine complex which in Table 10 would reduce the total controlled by the DOD are excluded. provides rearing and migratory habitat estimated economic impact by 31 for this ESU. As a result of the balancing process for economic impacts described above, percent to $12,917,247.
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52530 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
TABLE 10.—HSA WATERSHEDS WITHIN THE GEOGRAPHICAL RANGE OF THE CENTRAL CALIFORNIA COASTAL STEELHEAD ESU AND EXCLUDED FROM CRITICAL HABITAT
Watershed code Watershed name Area excluded
111421 ...... Laguna de Santa Rosa ...... Entire watershed. 111422 ...... Santa Rosa ...... Entire watershed. 111431 ...... Ukiah ...... Tributaries only. 111433 ...... Forsythe Creek ...... Indian lands. 220330 ...... Berkeley ...... Entire watershed. 220440 ...... San Mateo Bayside ...... Entire watershed. 220420 ...... Eastbay Cities ...... Entire watershed. 220540 ...... Guadelupe River ...... Entire watershed. 220620 ...... Novato ...... Entire watershed. 220660 ...... Pinole ...... Entire watershed. 220710 ...... Suisun Bay ...... Entire unit. 220722 ...... Suisun Creek ...... Entire watershed. 220721 ...... Benecia ...... Entire watershed. 220731 ...... Pittsburg ...... Entire watershed. 220733 ...... Martinez ...... Entire watershed.
South-Central California Coast HSA watershed habitat areas for this designation the habitat areas shown in Steelhead ESU include approximately 1,251 mi Table 11. Of the habitat eligible for (2,000 km) of stream habitat and designation, approximately 2 stream There are 30 occupied HSA approximately 3 mi2 (8 km2) of miles (3.2 km) are being excluding watersheds within the freshwater and estuarine habitat (e.g., Morro Bay). because the economic benefits of estuarine range of this ESU. Six Approximately 22 stream miles (35 km) exclusion outweigh the benefits of watersheds received a low rating, 11 are not eligible for designation because designation. The total potential received a medium rating, and 13 they are within lands controlled by the estimated economic impact, with no received a high rating of conservation DOD (Camp San Luis Obispo and Camp exclusions, would be $16,857,365. It Roberts) that have qualifying INRMPs value to the ESU (NMFS, 2005a). One of was not possible to estimate the reduced (Table 11). The reduction in economic these occupied watershed units is Morro economic impacts associated with the impacts resulting from these exclusions Bay, which is used as rearing and habitat exclusions in Table 11, migratory habitat for steelhead could not be estimated. As a result of the balancing process therefore, the total potential economic populations that spawn and rear in impact is the same as if there were no tributaries to the Bay. for economic impacts described above, the Secretary is excluding from the exclusions.
TABLE 11.—HSA WATERSHEDS WITHIN THE GEOGRAPHICAL RANGE OF THE SOUTH-CENTRAL CALIFORNIA COAST STEELHEAD ESU AND EXCLUDED FROM CRITICAL HABITAT
Watershed code Watershed name Area excluded
330911 ...... Neponset ...... Tributaries only. 330930 ...... Soledad ...... Tributaries only. 330940 ...... Upper Salinas Valley ...... Tributaries only. 330981 ...... Paso Robles ...... DOD lands. 331022 ...... Chorro ...... DOD lands.
Southern California Steelhead ESU occupied stream miles are excluded designation the habitat areas shown in because they are within lands controlled Table 12. Of the habitat areas eligible for There are 32 occupied HSA by the DOD (Vandenberg AFB and designation, approximately 33 stream watersheds within the freshwater and Camp Pendleton Marine Corps Base ) miles (53 km) are being excluded estuarine range of this ESU. Five that have qualifying INRMPs and for because the economic benefits of watersheds received a low rating, 6 which the benefits of exclusion received a medium rating, and 21 exclusion outweigh the benefits of outweigh the benefits of designation. designation. Total potential estimated received a high rating of conservation The reduction in economic impacts value to the ESU (NMFS, 2005a). economic impact, with no exclusions, resulting from these exclusions could would be $19,443,413. The exclusions HSA watershed habitat areas for this not be estimated. identified in Table 12 would reduce the ESU include approximately 741 mi As a result of the balancing process total estimated economic impact by 40 (1,186 km) of stream habitat. Of these, for economic impacts described above, percent to $11,586,752. approximately 22 mi (35 km) of the Secretary is excluding from the
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52531
TABLE 12.—HSA WATERSHEDS WITHIN THE GEOGRAPHICAL RANGE OF THE SOUTHERN CALIFORNIA STEELHEAD ESU AND EXCLUDED FROM CRITICAL HABITAT
Watershed code Watershed name Area excluded
331210 ...... Guadelupe ...... Tributaries only. 331230 ...... Cuyama Valley ...... Entire watershed. 331410 ...... Lompoc ...... DOD lands. 331430 ...... Buelton ...... Tributaries only. 331451 ...... Santa Cruz Creek ...... Entire watershed. 440811 ...... East of Oxnard ...... Entire watershed. 490140 ...... San Mateo Canyon ...... DOD lands.
Central Valley Spring Run Chinook provides rearing and migratory habitat the designation the habitat areas shown Salmon ESU for this ESU. in Table 13. Of the habitat areas eligible HSA watershed habitat areas for this for designation, approximately 215 There are 37 occupied HSA ESU include approximately 1,373 mi stream miles (344 km) and 173 mi2 of watersheds within the freshwater and (2,197 km) of occupied stream habitat estuarine habitat are being excluded estuarine range of this ESU. Seven and approximately 427 mi2 (1,102 km2) because the economic benefits of watersheds received a low rating, 3 of estuarine habitat in the San exclusion outweigh the benefits of received a medium rating, and 27 Francisco-San Pablo-Suisun Bay designation. The total potential received a high rating of conservation complex. There are no DOD, tribal or estimated economic impact, with no value to the ESU (NMFS, 2005a). Four HCP managed lands excluded from the exclusions, would be $29,223,186. The of these HSA watersheds comprise designation. As a result of the balancing exclusions identified in Table 13 would portions of the San Francisco-San Pablo- process for economic impacts described reduce the total estimated economic Suisun Bay estuarine complex which above, the Secretary is excluding from impact by 25 percent to $22,066,974.
TABLE 13.—HSA WATERSHEDS WITHIN THE GEOGRAPHICAL RANGE OF THE CENTRAL VALLEY SPRING RUN CHINOOK SALMON ESU AND EXCLUDED FROM CRITICAL HABITAT
Watershed code Watershed name Area excluded
551000 ...... Sacramento Delta ...... Deep Water Ship Channel. 551713 ...... Mildred Lake ...... Entire watershed. 551720 ...... Nevada City ...... Entire watershed. 552310 ...... Thomes Creek ...... Entire watershed. 552433 ...... South Fork ...... Entire watershed. 554300 ...... No. Diablo Range ...... Entire watershed. 554400 ...... San Joaquin Delta ...... Entire watershed. 220410 ...... South SF Bay ...... Entire unit.
Central Valley Steelhead ESU provides rearing and migratory habitat habitat areas shown in Table 14. Of the for this ESU. habitat areas eligible for designation, There are 67 occupied HSA HSA watershed habitat areas for this approximately 296 stream miles (473 watersheds within the freshwater and ESU include approximately 2,604 mi km) and 173 mi2 of estuarine habitat are estuarine range of this ESU. Twelve (4,168 km) of stream habitat and being excluded because the economic watersheds received a low rating, 18 approximately 427 mi2 (1,102 km2) of benefits of exclusion outweigh the received a medium rating, and 37 estuarine habitat. There are no DOD, benefits of designation. Total potential received a high rating of conservation tribal or HCP managed lands excluded estimated economic impact, with no value to the ESU (NMFS, 2005a). Four from the designation. As a result of the exclusions, would be $38,235,233. The of these HSA watersheds comprise balancing process for economic impacts exclusions identified in Table 14 would portions of the San Francisco-San Pablo- described above, the Secretary is reduce the total estimated economic Suisun Bay estuarine complex which excluding from the designation the impact by 11 percent to $34,389,278.
TABLE 14.—HSA WATERSHEDS WITHIN THE GEOGRAPHICAL RANGE OF THE CENTRAL VALLEY STEELHEAD ESU AND EXCLUDED FROM CRITICAL HABITAT
Watershed code Watershed name Area excluded
550964 ...... Paynes Creek ...... Entire watershed. 551000 ...... Sacramento Delta ...... Deep Water Ship Channel. 551110 ...... Elmira ...... Entire watershed. 551713 ...... Mildred Lake ...... Entire watershed. 551720 ...... Nevada City ...... Entire watershed. 552435 ...... Ono ...... Entire watershed. 553111 ...... Herald ...... Entire watershed. 553120 ...... Lower Mokelumne ...... Partial watershed. 553221 ...... Big Canyon Creek ...... Entire watershed. 553223 ...... NF Cosumnes ...... Entire watershed.
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52532 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
TABLE 14.—HSA WATERSHEDS WITHIN THE GEOGRAPHICAL RANGE OF THE CENTRAL VALLEY STEELHEAD ESU AND EXCLUDED FROM CRITICAL HABITAT—Continued
Watershed code Watershed name Area excluded
553224 ...... Omo Ranch ...... Entire watershed. 553240 ...... Sutter Creek ...... Entire watershed. 554300 ...... No. Diablo Range ...... Entire watershed. 220410 ...... So. SF Bay ...... Entire unit.
VII. Effects of Critical Habitat identifiable. Reasonable and prudent Activities Affected by Critical Habitat Designation alternatives are defined at 50 CFR Designation Section 7 Consultation 402.02 as alternative actions identified Section 4(b)(8) of the ESA requires during consultation that can be Section 7(a) of the ESA requires that we evaluate briefly and describe, in implemented in a manner consistent any proposed or final regulation that Federal agencies, including NMFS, to with the intended purpose of the action, evaluate their actions with respect to designates critical habitat, those that are consistent with the scope of the any species that is proposed or listed as activities (whether public or private) Federal agency’s legal authority and endangered or threatened and with that may adversely modify such habitat respect to its critical habitat, if any is jurisdiction, that are economically and or that may be affected by such proposed or designated. Regulations technologically feasible, and that we designation. A wide variety of activities implementing this provision of the ESA believe would avoid destruction or may affect critical habitat and, when are codified at 50 CFR 402. Section adverse modification of critical habitat. carried out, funded, or authorized by a 7(a)(4) of the ESA requires Federal Reasonable and prudent alternatives can Federal agency, require that an ESA agencies to confer with us on any action vary from slight project modifications to section 7 consultation be conducted. that is likely to jeopardize the continued extensive redesign or relocation of the Generally these include water and land existence of a proposed species or result project. Costs associated with management actions of Federal agencies in the destruction or adverse implementing a reasonable and prudent (e.g., USFS, Bureau of Land modification of proposed critical alternative are similarly variable. Management (BLM), COE, BOR, the habitat. Conference reports provide FHA, NRCS, National Park Service Regulations at 50 CFR 402.16 require (NPS), BIA, and the Federal Energy conservation recommendations to assist Federal agencies to reinitiate the agency in eliminating conflicts that Regulatory Commission (FERC)) and consultation on previously reviewed may be caused by the proposed action. related or similar actions of other actions in instances where critical The conservation recommendations in a Federally regulated projects and lands, habitat is subsequently designated and conference report are advisory. including livestock grazing allotments We may issue a formal conference the Federal agency has retained by the USFS and BLM; hydropower report if requested by a Federal agency. discretionary involvement or control sites licensed by the FERC; dams built Formal conference reports include an over the action or such discretionary or operated by the COE or BOR; timber opinion that is prepared according to 50 involvement or control is authorized by sales and other vegetation management CFR 402.14, as if the species were listed law. Consequently, some Federal activities conducted by the USFS, BLM, or critical habitat designated. We may agencies may request reinitiation of and BIA; irrigation diversions adopt the formal conference report as consultation or conference with us on authorized by the USFS and BLM; and the biological opinion when the species actions for which formal consultation road building and maintenance is listed or critical habitat designated, if has been completed, if those actions activities authorized by the FHA, USFS, no substantial new information or may affect designated critical habitat or BLM, NPS, and BIA. Other actions of changes in the action alter the content adversely modify or destroy proposed concern include dredge and fill, mining, of the opinion (see 50 CFR 402.10(d)). critical habitat. diking, and bank stabilization activities If a species is listed or critical habitat authorized or conducted by the COE, Activities on Federal lands that may is designated, ESA section 7(a)(2) habitat modifications authorized by the affect these ESUs or their critical habitat requires Federal agencies to ensure that FEMA, and approval of water quality activities they authorize, fund, or carry will require ESA section 7 consultation. standards and pesticide labeling and use out are not likely to jeopardize the Activities on private or state lands restrictions administered by the EPA. continued existence of such a species or requiring a permit from a Federal The Federal agencies that will most to destroy or adversely modify its agency, such as a permit from the COE likely be affected by this critical habitat critical habitat. If a Federal action may under section 404 of the CWA, a section designation include the USFS, BLM, affect a listed species or its critical 10(a)(1)(B) permit from NMFS, or some BOR, COE, FHA, NRCS, NPS, BIA, habitat, the responsible Federal agency other Federal action, including funding FEMA, EPA, and the FERC. This (action agency) must enter into (e.g., Federal Highway Administration designation will provide these agencies, consultation with us. Through this (FHA) or Federal Emergency private entities, and the public with consultation, we would review actions Management Agency (FEMA) funding), clear notification of critical habitat to determine if they would destroy or will also be subject to the section 7 designated for listed salmonids and the adversely modify critical habitat. consultation process. Federal actions boundaries of the habitat. This If we issue a biological opinion not affecting listed species or critical designation will also assist these concluding that a project is likely to habitat and actions on non-Federal and agencies and others in evaluating the result in the destruction or adverse private lands that are not Federally potential effects of their activities on modification of critical habitat, we will funded, authorized, or permitted do not listed salmon and their critical habitat also provide reasonable and prudent require section 7 consultation. and in determining if section 7 alternatives to the project, if any are consultation with NMFS is needed.
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52533
As noted above, numerous private 2000 critical habitat designations duplication, the aggregate annual entities also may be affected by this suggests that the Administrative economic impact of the 7 critical habitat critical habitat designation because of Procedure Act’s (APA) and critical designations is $81,647,439. These the direct and indirect linkages to an habitat regulations’ minimum 30-day amounts include impacts that are array of Federal actions, including delay in effective date nor the 60-day coextensive with the implementation of Federal projects, permits, and funding. delay required by the Congressional the jeopardy standard of section 7 For example, private entities may Review Act for a ‘‘major rule’’ such as (NMFS, 2005b). harvest timber or graze livestock on this are sufficient for this rule. In view Within the State of California, Federal land or have special use permits of the geographic scope of this rule, our hydropower projects currently provide to convey water or build access roads prior experience with a rule of this approximately 15 percent of the total across Federal land; they may require scope, the current level of public electricity produced. This is small Federal permits to armor stream banks, interest in this rule, and in order to compared to the Pacific Northwest construct irrigation withdrawal provide for efficient administration of where hydropower generates up to 70 facilities, or build or repair docks; they the rule once effective, we are providing percent of the total electricity produced, may obtain water from Federally funded a 120-day delay in effective date. As a with approximately 60 percent of this and operated irrigation projects; or they result this rule will be effective on hydroelectric power generated through may apply pesticides that are only January 2, 2006. This will allow us the the Federal Columbia River Power available with Federal agency approval. necessary time to provide for outreach System. Because hydropower is a more These activities will need to be analyzed to and interaction with the public, to pervasive power source in the Pacific with respect to their potential to destroy minimize confusion and educate the Northwest than in California, the or adversely modify critical habitat. In public about activities that may be impacts to the energy industry in some cases, proposed activities may affected by the rule, and to work with California from environmental require modifications that may result in Federal agencies and applicants to mitigation associated with protecting decreases in activities such as timber provide for an orderly transition in listed salmon and steelhead and their harvest and livestock and crop implementing the rule. critical habitat are likely to be much less production. The transportation and Regulatory Planning and Review than in the Northwest. There are utilities sectors may need to modify the In accordance with E.O. 12866, this approximately 90 hydropower projects placement of culverts, bridges, and within the area covered by the potential utility conveyances (e.g., water, sewer document is a significant rule and has been reviewed by OMB. As noted above, critical habitat for the 7 ESUs in and power lines) to avoid barriers to fish California. Based on the economic migration. Developments occurring in or we have prepared several reports to support the exclusion process under analysis conducted for this rulemaking near salmon streams (e.g., marinas, (NMFS 2005b), the estimated residential, or industrial facilities) that section 4(b)(2) of the ESA. The economic costs of the critical habitat annualized capital and programmatic require Federal authorization or funding costs of section 7 for hydropower may need to be altered or built in a designations are described in our economic report (NMFS, 2005b). The projects ranges from $11,000 to $9.8 manner that ensures that critical habitat million per ESU, with the estimated is not destroyed or adversely modified benefits of the designations are described in the CHART report (NMFS, annualized cost for all ESUs totaling as a result of the construction, or 2005a) and the 4(b)(2) report (NMFS, $18.8 million. The aggregate economic subsequent operation, of the facility. 2005c). The CHART report uses a costs of capital modifications within the These are just a few examples of biologically-based ranking system for range of these 7 ESUs is approximately potential impacts, but it is clear that the gauging the benefits of applying section 10 percent of the total aggregate costs for effects will encompass numerous 7 of the ESA to particular watersheds. all categories of activities evaluated in sectors of private and public activities. Because data are not available to express the economic analysis. This cost If you have questions regarding whether these benefits in monetary terms, we estimate, however, does not include specific activities will constitute have adopted a cost-effectiveness costs associated with operational destruction or adverse modification of framework, as outlined in a 4(b)(2) modifications of hydropower projects critical habitat, contact NMFS (see report (NMFS, 2005c). This approach is such as changes to the flow regime ADDRESSES FOR FURTHER and in accord with OMB’s guidance on (level or timing) which can result in INFORMATION CONTACT). regulatory analysis (U.S. Office of foregone power generation, require VIII. Required Determinations Management and Budget. Circular A–4, supplementary power purchases, or Regulatory Analysis, September 17, have other economic effects. The Administrative Procedure Act 2003). By taking this approach, we seek necessary data to estimate operational This rulemaking covers over 8,900 to designate sufficient critical habitat to modification costs in California are not miles of streams and 470 square miles meet the biological goal of the ESA available, but they are expected to be of estuarine habitat. Unlike the previous while imposing the least burden on highly variable and project-specific. The critical habitat designations it contains society, as called for by E.O. 12866. estimated impacts of operational over a thousand geographic points In assessing the overall cost of critical changes at hydropower projects in the identifying the extent of the habitat designation for the 7 Pacific Pacific Northwest (unknown for several designations. The proposed rule salmon and steelhead ESUs addressed projects to $31 million in forgone power generated substantial public interest. In in this final rule, the annual total impact revenues for Baker River Dam), addition to comments received during figures given in the draft economic however, demonstrate the potential four public hearings we received a total analysis (NMFS, 2005b) cannot be magnitude and variability of impacts on of 3,762 written comments (3,627 of added together to obtain an aggregate a per project basis in California. For these in the form of email with nearly annual impact. Because some these projects in the Northwest, the identical language). Many commenters watersheds are included in more than proportion of costs attributable to expressed concerns about how the rule one ESU, a simple summation would section 7 implementation is unknown, would be implemented. Additionally, entail duplication, resulting in an but the share of incremental costs our experience in implementing the overestimate. Accounting for this associated with critical habitat
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52534 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
designation alone is unlikely to be in this rulemaking would not result in more specifically salmon and steelhead significant. extinction of the ESUs. It is estimated critical habitat protection would be a that small entities will save from $39.9 subset of the impacts determined by the Regulatory Flexibility Act (5 U.S.C. 601 thousand to $5.5 million in compliance Commission. In addition, there is et seq.) costs, depending on the ESU, due to the historical evidence from the Pacific Under the Regulatory Flexibility Act exclusions made in these final Northwest, that the ESA jeopardy (5 U.S.C. 601 et seq., as amended by the designations. standard alone is capable of imposing Small Business Regulatory Enforcement As noted above, we will continue to all of the costs affecting hydropower Fairness Act (SBREFA) of 1996), study alternative approaches in future projects and energy supply. While this whenever an agency is required to rulemakings designating critical habitat. information is indirect, it is sufficient to publish a notice of rulemaking for any As part of that assessment, we will draw the conclusion that the proposed or final rule, it must prepare examine alternative methods for designation of critical habitat for the 7 and make available for public comment analyzing the economic impacts of salmon and steelhead ESUs in a regulatory flexibility analysis that designation on small business entities, California does not significantly affect describes the effects of the rule on small which will inform our Regulatory energy supply, distribution, or use. entities (i.e., small businesses, small Flexibility Analysis as well as our organizations, and small government analysis under section 4(b)(2) of the Unfunded Mandates Reform Act (2 jurisdictions). We have prepared a final ESA. U.S.C. 1501 et seq.) regulatory flexibility analysis and this In accordance with the Unfunded document is available upon request (see E.O. 13211 Mandates Reform Act, we make the ADDRESSES ). This analysis estimates On May 18, 2001, the President issued following findings: that the number of regulated small an Executive Order on regulations that (a) This final rule will not produce a entities potentially affected by this significantly affect energy supply, Federal mandate. In general, a Federal rulemaking ranges from 444 to 4,893 distribution, and use. E.O. 13211 mandate is a provision in legislation, depending on the ESU. The estimated requires agencies to prepare Statements statute or regulation that would impose coextensive costs of section 7 of Energy Effects when undertaking an enforceable duty upon State, local, consultation incurred by small entities certain actions. This rule may be a tribal governments, or the private sector is estimated to range from $1.6 million significant regulatory action under E.O. and includes both ‘‘Federal to $26.5 million depending on the ESU. 12866. We have determined, however, intergovernmental mandates’’ and As described in the analysis, we that the energy effects of the regulatory ‘‘Federal private sector mandates.’’ considered various alternatives for action are unlikely to exceed the energy These terms are defined in 2 U.S.C. designating critical habitat for these impact thresholds identified in 658(5)–(7). ‘‘Federal intergovernmental seven ESUs. We rejected the alternative E.O.13211. mandate’’ includes a regulation that of not designating critical habitat for any As discussed elsewhere in this final ‘‘would impose an enforceable duty of the ESUs because such an approach rule, there are approximately 90 upon State, local, or tribal governments’’ did not meet the legal requirements of hydropower projects within the range of with two exceptions. It excludes ‘‘a the ESA. We also examined and rejected the potential critical habitat for these 7 condition of Federal assistance.’’ It also an alternative in which all the potential ESUs. The annualized capital and excludes ‘‘a duty arising from critical habitat of the seven Pacific programmatic costs of section 7 for participation in a voluntary Federal salmon and steelhead ESUs is these projects ranges from $11,000 to program,’’ unless the regulation ‘‘relates designated (i.e., no areas are excluded) $9.8 million per ESU, with the to a then-existing Federal program because many of the areas considered to estimated annualized cost for all ESUs under which $500,000,000 or more is have a low conservation value also had totaling $18.8 million. Despite these provided annually to State, local, and relatively high economic impacts that costs and operational costs which we do tribal governments under entitlement might be mitigated by excluding those not have the data available to estimate, authority,’’ if the provision would areas from designation. A third we believe the proper focus under E.O. ‘‘increase the stringency of conditions of alternative we examined and rejected 13211 is on the incremental impacts of assistance’’ or ‘‘place caps upon, or would exclude all habitat areas with a critical habitat designation. The otherwise decrease, the Federal low or medium conservation value. available data do not allow us to Government’s responsibility to provide While this alternative furthers the goal separate precisely these incremental funding’’ and the State, local, or tribal of reducing economic impacts, we could impacts from the impacts of all governments ‘‘lack authority’’ to adjust not make a determination that the conservation measures on energy accordingly. (At the time of enactment, benefits of excluding all habitat areas production and costs. There is evidence these entitlement programs were: with low and medium conservation from the California Energy Commission Medicaid; AFDC work programs; Child value outweighed the benefits of (California Energy Commission 2003), Nutrition; Food Stamps; Social Services designation. Moreover, for some habitat however, that the implementation of Block Grants; Vocational Rehabilitation areas the incremental economic benefit environmental mitigation measures State Grants; Foster Care, Adoption from excluding that area is relatively associated with relicensing and Assistance, and Independent Living; small. Therefore, after considering these selective decommissioning of Family Support Welfare Services; and alternatives in the context of the section hydropower projects in California has Child Support Enforcement.) ‘‘Federal 4(b)(2) process of weighing benefits of not impacted the ability of the State’s private sector mandate’’ includes a exclusion against benefits of electricity system to meet demand. This regulation that ‘‘would impose an designation, we determined that the conclusion was based on a enforceable duty upon the private current approach to designation (i.e., consideration of implementing all sector, except (i) a condition of Federal designating some but not all areas with mitigation measures, not just those for assistance; or (ii) a duty arising from low or medium conservation value) salmon and steelhead, thus it is likely participation in a voluntary Federal provides an appropriate balance of that the impact of implementing program.’’ The designation of critical conservation and economic mitigation mitigations associated with salmon and habitat does not impose a legally and that excluding the areas identified steelhead protection directly or even binding duty on non-Federal
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52535
government entities or private parties. Federalism Government-to-Government Under the ESA, the only regulatory Relationship With Tribes In accordance with E.O. 13132, this effect is that Federal agencies must The longstanding and distinctive ensure that their actions do not destroy final rule does not have significant Federalism effects. A Federalism relationship between the Federal and or adversely modify critical habitat tribal Governments is defined by under section 7. While non-Federal assessment is not required. In keeping with Department of Commerce policies, treaties, statutes, executive orders, entities who receive Federal funding, judicial decisions, and agreements, we requested information from, and assistance, permits or otherwise require which differentiate tribal governments coordinated development of, this approval or authorization from a Federal from the other entities that deal with, or critical habitat designation with agency for an action may be indirectly are affected by, the Federal Government. appropriate state resource agencies in impacted by the designation of critical This relationship has given rise to a California. Theses designations may habitat, the legally binding duty to special Federal trust responsibility have some benefit to the states and local avoid destruction or adverse involving the legal responsibilities and resource agencies in that the areas modification of critical habitat rests obligations of the United States toward essential to the conservation of the squarely on the Federal agency. Indian Tribes and the application of species are more clearly defined, and fiduciary standards of due care with Furthermore, to the extent that non- the primary constituent elements of the respect to Indian lands, tribal trust Federal entities are indirectly impacted habitat necessary to the survival of the because they receive Federal assistance resources, and the exercise of tribal species are specifically identified. While rights. Pursuant to these authorities or participate in a voluntary Federal aid making this definition and program, the Unfunded Mandates lands have been retained by Indian identification does not alter where and Tribes or have been set aside for tribal Reform Act would not apply; nor would what Federally sponsored activities may critical habitat shift the costs of the large use. These lands are managed by Indian occur, it may assist local governments in Tribes in accordance with tribal goals entitlement programs listed above to long-range planning rather than waiting State governments. and objectives within the framework of for case-by-case section 7 consultations applicable treaties and laws. (b) Due to current public knowledge to occur. Administration policy contained in of salmon protection and the Civil Justice Reform the Secretarial Order: ‘‘American Indian prohibition against take of these species Tribal Rights, Federal-Tribal Trust both within and outside of the In accordance with E.O. 12988, the Responsibilities, and the Endangered designated areas, we do not anticipate Department of the Commerce has Species Act’’ (June 5, 1997) (‘‘Secretarial that this final rule will significantly or determined that this final rule does not Order’’); the President’s Memorandum uniquely affect small governments. As unduly burden the judicial system and of April 29, 1994, ‘‘Government-to- such, a Small Government Agency Plan meets the requirements of sections 3(a) Government Relations with Native is not required. and 3(b)(2) of the E.O. We are American Tribal Governments’’ (50 FR designating critical habitat in 2291); E.O. 13175; and Department of Takings accordance with the provisions of the Commerce-American Indian and Alaska In accordance with E.O. 12630, this ESA. This final rule uses standard Native Policy (March 30, 1995) reflects final rule does not have significant property descriptions and identifies the and defines this unique relationship. takings implications. A takings primary constituent elements within the These policies also recognize the implication assessment is not required. designated areas to assist the public in unique status of Indian lands. The The designation of critical habitat understanding the habitat needs of the Presidential Memorandum of April 29, 1994, provides that, to the maximum affects only Federal agency actions. This seven salmon and steelhead ESUs. extent possible, tribes should be the final rule will not increase or decrease Paperwork Reduction Act of 1995 (44 governmental entities to manage their the current restrictions on private U.S.C. 3501 et seq.) lands and tribal trust resources. The property concerning take of salmon. As Secretarial Order provides that, ‘‘Indian noted above, due to widespread public This final rule does not contain new lands are not Federal public lands or or revised information collection for knowledge of salmon protection and the part of the public domain, and are not which OMB approval is required under prohibition against take of the species subject to Federal public lands laws.’’ both within and outside of the the Paperwork Reduction Act. This final In implementing these policies the designated areas, we do not anticipate rule will not impose record keeping or Secretarial Order specifically seeks to that property values will be affected by reporting requirements on State or local harmonize this unique working these critical habitat designations. governments, individuals, businesses, or relationship with the Federal While real estate market values may organizations. An agency may not Government’s duties pursuant to the temporarily decline following conduct or sponsor, and a person is not ESA. The order clarifies our designation, due to the perception that required to respond to, a collection of responsibilities when carrying out critical habitat designation may impose information unless it displays a authorities under the ESA and requires additional regulatory burdens on land currently valid OMB control number. that we consult with and seek use, we expect any such impacts to be National Environmental Policy Act participation of, the affected Indian short term (NMFS, 2005b). Additionally, Tribes to the maximum extent critical habitat designation does not We have determined that we need not practicable in the designation of critical preclude development of HCPs and prepare environmental analyses as habitat. Accordingly, we recognize that issuance of incidental take permits. provided for under the National we must carry out our responsibilities Owners of areas that are included in the Environmental Policy Act of 1969 for under the ESA in a manner that designated critical habitat will continue critical habitat designations made harmonizes these duties with the to have the opportunity to use their pursuant to the ESA. See Douglas Federal trust responsibility to the tribes property in ways consistent with the County v. Babbitt, 48 F.3d 1495 (9th Cir. and tribal sovereignty while striving to survival of listed salmon. 1995), cert. denied, 116 S.Ct. 698 (1996). ensure that Indian Tribes do not bear a
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52536 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
disproportionate burden for the section 4(b)(2) of the ESA. Section leads us to exclude all Indian lands conservation of species. Any decision to 4(b)(2) requires us to base critical containing occupied habitat otherwise designate Indian land as critical habitat habitat designations on the best eligible for designation in our final must be informed by the Federal laws scientific and commercial data designation for these 7 ESUs of salmon and policies establishing our available, after taking into consideration and steelhead. responsibility concerning Indian lands, the economic impact, the impact on IX. References Cited treaties and trust resources, and by national security and any other relevant Department of Commerce policy impact of specifying any particular area A complete list of all references cited establishing our responsibility for as critical habitat. The Secretary may in this rulemaking can be found on our dealing with tribes when we implement exclude areas from a critical habitat Web site at http://swr.nmfs.noaa.gov the ESA. designation when the benefits of and is available upon request from the For West Coast salmon in California, exclusion outweigh the benefits of NMFS office in Long Beach, CA (see our approach is also guided by the designation, provided the exclusion will ADDRESSES section). unique partnership between the Federal not result in the extinction of the Government and Indian tribes regarding species. We find that a relevant impact List of Subjects in 50 CFR Part 226 salmon management. In California, for consideration is the degree to which Endangered and threatened species. Indian tribes are regarded as ‘‘co- the Federal designation of Indian lands Dated: August 12, 2005. managers’’ of the salmon resource, along would impact the longstanding unique with Federal and state managers. This relationship between the tribes and the William T. Hogarth, co-management relationship evolved as Federal Government and the Assistant Administrator for Fisheries, a result of numerous court decisions corresponding effect on West Coast National Marine Fisheries Service. establishing the tribes’ treaty right to salmon protection and management. I For the reasons set out in the take fish in their usual and accustomed This is consistent with recent case law preamble, we amend part 226, title 50 places. addressing the designation of critical of the Code of Regulations as set forth Pursuant to the Secretarial Order we habitat on tribal lands. ‘‘It is certainly below: consulted with the affected Indian reasonable to consider a positive Tribes when considering the working relationship relevant, PART 226—[AMENDED] designation of critical habitat in an area particularly when the relationship I that may impact tribal trust resources, results in the implementation of 1. The authority citation of part 226 tribally owned fee lands or the exercise beneficial natural resource programs, continues to read as follows: of tribal rights. Additionally some tribes including species preservation.’’ Center Authority: 16 U.S.C. 1533. and the BIA provided written comments for Biological Diversity et al. v. Norton, that are a part of the administrative I 2. Add § 226.211 to read as follows: 240 F. Supp. 2d 1090, 1105); Douglas record for this rulemaking. County v. Babbitt, 48 F.3d 1495, 1507 § 226.211 Critical habitat for Seven We understand from the tribes that (1995) (defining ‘‘relevant’’ as impacts Evolutionarily Significant Units (ESUs) of there is general agreement that Indian Salmon (Oncorhynchus spp.) in California. lands should not be designated critical consistent with the purposes of the habitat. The Secretarial Order defines ESA). Critical habitat is designated in the Indian lands as ‘‘any lands title to As noted above, NMFS and the tribal following California counties for the which is either: (1) Held in trust by the governments in California currently following ESUs as described in United States for the benefit of any have cooperative working relationships paragraph (a) of this section, and as Indian tribe or (2) held by an Indian that have enabled us to implement further described in paragraphs (b) Tribe or individual subject to natural resource programs of mutual through (e) of this section. The textual restrictions by the United States against interest for the benefit of threatened and descriptions of critical habitat for each alienation.’’ In clarifying this definition endangered salmonids. The tribes have ESU are included in paragraphs (f) with the tribes, we agree that (1) fee existing natural resource programs that through (l) of this section, and these lands within the reservation boundaries assist us on a regular basis in providing descriptions are the definitive source for and owned by the Tribe or individual information relevant to salmonid determining the critical habitat Indian, and (2) fee lands outside the protection. The tribes indicate that they boundaries. General location maps are reservation boundaries and owned by view the designation of Indian lands as provided at the end of each ESU the Tribe would be considered Indian an unwanted intrusion into tribal self- description (paragraphs (f) through (l) of lands for the purposes of this rule. (Fee governance, compromising the this section) and are provided for lands outside the reservation owned by government-to-government relationship general guidance purposes only, and not individual Indians are not included that is essential to achieving our mutual as a definitive source for determining within the definition of Indian lands for goal of conserving threatened and critical habitat boundaries. the purposes of this rule.) endangered salmonids. At this time, for (a) Critical habitat is designated for In evaluating Indian lands for the general reasons described above, we the following ESUs in the following designation as critical habitat we look to conclude that the ESA 4(b)(2) analysis California counties:
ESU State—counties
(1) California Coastal Chinook ...... CA—Humboldt, Trinity, Mendocino, Sonoma, Lake, Napa, Glenn, Colusa, and Tehama. (2) Northern California Steelhead ...... CA—Humboldt, Trinity, Mendocino, Sonoma, Lake, Glenn, Colusa, and Tehama. (3) Central California Coast Steelhead ...... CA—Lake, Mendocino, Sonoma, Napa, Marin, San Francisco, San Mateo, Santa Clara, Santa Cruz, Alameda, Contra Costa, and San Joaquin. (4) South-Central Coast Steelhead ...... CA—Monterey, San Benito, Santa Clara, Santa Cruz, San Luis Obispo.
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52537
ESU State—counties
(5) Southern California Steelhead ...... CA—San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange and San Diego. (6) Central Valley spring-run Chinook ...... CA—Tehama, Butte, Glenn, Shasta, Yolo, Sacramento, Solano, Colusa, Yuba, Sutter, Trinity, Alameda, San Joaquin, and Contra Costa. (7) Central Valley Steelhead ...... CA—Tehama, Butte, Glenn, Shasta, Yolo, Sacramento, Solona, Yuba, Sutter, Placer, Calaveras, San Joaquin, Stanislaus, Tuolumne, Merced, Alameda, Contra Costa.
(b) Critical habitat boundaries. (i) Water quality, water quantity, and –124.0012); Brown Creek (41.3986, Critical habitat includes the stream salinity conditions supporting juvenile –124.0012); Emerald (Harry Weir) channels within the designated stream and adult physiological transitions (41.2142, –123.9812); Godwood Creek reaches, and includes a lateral extent as between fresh- and saltwater; (41.3889, –124.0312); Larry Dam Creek defined by the ordinary high-water line (ii) Natural cover such as submerged (41.3359, –124.003); Little Lost Man (33 CFR 329.11). In areas where the and overhanging large wood, aquatic Creek (41.2944, –124.0014); Lost Man ordinary high-water line has not been vegetation, large rocks and boulders, Creek (41.3133, –123.9854); May Creek defined, the lateral extent will be side channels; and (41.3547, –123.999); McArthur Creek defined by the bankfull elevation. (iii) Juvenile and adult forage, (41.2705, –124.041); North Fork Lost Bankfull elevation is the level at which including aquatic invertebrates and Man Creek (41.3374, –123.9935); Prairie water begins to leave the channel and fishes, supporting growth and Creek (41.4239, –124.0367); Tom move into the floodplain and is reached maturation. McDonald (41.1628, –124.0419). at a discharge which generally has a (d) Exclusion of Indian lands. Critical (ii) Beaver Hydrologic Sub-area recurrence interval of 1 to 2 years on the habitat does not include occupied 110720. Outlet(s) = Redwood Creek (Lat annual flood series. Critical habitat in habitat areas on Indian lands. The 41.1367, Long –123.9309) upstream to estuaries (e.g. San Francisco-San Pablo- Indian lands specifically excluded from endpoint(s): Lacks Creek (41.0334, Suisun Bay, Humboldt Bay, and Morro critical habitat are those defined in the –123.8124); Minor Creek (40.9706, Bay) is defined by the perimeter of the Secretarial Order, including: –123.7899). water body as displayed on standard (1) Lands held in trust by the United (iii) Lake Prairie Hydrologic Sub-area 1:24,000 scale topographic maps or the States for the benefit of any Indian tribe; 110730. Outlet(s) = Redwood Creek (Lat elevation of extreme high water, (2) Land held in trust by the United 40.9070, Long –123.8170) upstream to whichever is greater. States for any Indian Tribe or individual endpoint(s) in: Redwood Creek (c) Primary constituent elements. subject to restrictions by the United (40.7432, –123.7206). States against alienation; Within these areas, the primary (2) Trinidad Hydrologic Unit 1108— (3) Fee lands, either within or outside constituent elements essential for the (i) Big Lagoon Hydrologic Sub-area the reservation boundaries, owned by conservation of these ESUs are those 110810. Outlet(s) = Maple Creek (Lat the tribal government; and sites and habitat components that 41.1555, Long –124.1380) upstream to (4) Fee lands within the reservation support one or more life stages, endpoint(s) in: North Fork Maple Creek boundaries owned by individual including: (41.1317, –124.0824); Maple Creek Indians. (1) Freshwater spawning sites with (41.1239, –124.1041). water quantity and quality conditions (e) Land owned or controlled by the Department of Defense. Additionally, (ii) Little River Hydrologic Sub-area and substrate supporting spawning, 110820. Outlet(s) = Little River incubation and larval development; critical habitat does not include the following areas owned or controlled by (41.0277, –124.1112) upstream to (2) Freshwater rearing sites with: the Department of Defense, or endpoint(s) in: South Fork Little River (i) Water quantity and floodplain designated for its use, that are subject to (40.9908, –124.0412); Little River connectivity to form and maintain an integrated natural resources (41.0529, –123.9727); Railroad Creek physical habitat conditions and support management plan prepared under (41.0464, –124.0475); Lower South Fork juvenile growth and mobility; section 101 of the Sikes Act (16 U.S.C. Little River (41.0077, –124.0078); Upper (ii) Water quality and forage 670a): South Fork Little River (41.0131, supporting juvenile development; and (1) Camp Pendleton Marine Corps –123.9853). (iii) Natural cover such as shade, Base; (3) Mad River Hydrologic Unit 1109— submerged and overhanging large wood, (2) Vandenberg Air Force Base; (i) Blue Lake Hydrologic Sub-area log jams and beaver dams, aquatic (3) Camp San Luis Obispo; 110910. Outlet(s) = Mad River (Lat vegetation, large rocks and boulders, (4) Camp Roberts; and 40.9139, Long –124.0642) upstream to side channels, and undercut banks. (5) Mare Island Army Reserve Center. endpoint(s) in: Lindsay Creek (40.983, (3) Freshwater migration corridors (f) California Coastal Chinook Salmon –124.0326); Mill Creek (40.9008, free of obstruction and excessive (Oncorhynchus tshawytscha). Critical –124.0086); North Fork Mad River predation with water quantity and habitat is designated to include the (40.8687, –123.9649); Squaw Creek quality conditions and natural cover areas defined in the following (40.9426, –124.0202); Warren Creek such as submerged and overhanging CALWATER Hydrologic units: (40.8901, –124.0402). large wood, aquatic vegetation, large (1) Redwood Creek Hydrologic Unit (ii) North Fork Mad River 110920. rocks and boulders, side channels, and 1107—(i) Orick Hydrologic Sub-area Outlet(s) = North Fork Mad River (Lat undercut banks supporting juvenile and 110710. Outlet(s) = Redwood Creek (Lat 40.8687, Long –123.9649) upstream to adult mobility and survival. –41.2923, Long –124.0917) upstream to endpoint(s) in: Sullivan Gulch (40.8646, (4) Estuarine areas free of obstruction endpoint(s) in: Boyes Creek (41.3639, –123.9553); North Fork Mad River and excessive predation with: –123.9845); Bridge Creek (41.137, (40.8837, –123.9436).
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52538 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(iii) Butler Valley 110930. Outlet(s) = 40.5583, Long –124.0577) upstream to Standley Creek (39.9479, –123.8083); Mad River (Lat 40.8449, Long endpoint(s) in: Corner Creek (40.6189, Tom Long Creek (40.0315, –123.6891); –123.9807) upstream to endpoint(s) in: –123.9994); Fish Creek (40.6392, Twin Rocks Creek (39.8269, –123.5543); Black Creek (40.7547, –123.9016); Black –124.0032); Lawrence Creek (40.6394, Warden Creek (40.0625, –123.8546); Dog Creek (40.8334, –123.9805); Canon –123.9935); Middle Fork Yager Creek West Fork Sproul Creek (40.0386, Creek (40.8362, –123.9028); Dry Creek (40.5799, –123.9015); North Fork Yager –123.9015); Wildcat Creek (39.9049, (40.8218, –123.9751); Mad River Creek (40.6044, –123.9084); Owl Creek –123.7739); Wilson Creek (39.841, (40.7007, –123.8642); Maple Creek (40.5557, –123.9362); Shaw Creek –123.6452); Unnamed Tributary (40.7928, –123.8742); Unnamed (40.6245, –123.9518); Yager Creek (40.1136, –123.9359). (40.8186, –123.9769). (40.5673, –123.9403). (viii) Laytonville Hydrologic Sub-area (4) Eureka Plain Hydrologic Unit (vi) Weott Hydrologic Sub-area 111133. Outlet(s) = South Fork Eel River 1110—(i) Eureka Plain Hydrologic Sub- 111131. Outlet(s) = South Fork Eel River (Lat 39.7665, Long –123.6484) ) area 111000. Outlet(s) = Mad River (Lat (Lat 40.3500, Long –213.9305) upstream upstream to endpoint(s) in: Bear Creek 40.9560, Long –124.1278); Jacoby Creek to endpoint(s) in: Bridge Creek (40.2929, (39.6413, –123.5797); Cahto Creek (40.8436, –124.0834); Freshwater Creek –123.8569); Bull Creek (40.3148, (39.6624, –123.5453); Dutch Charlie (40.8088, –124.1442); Elk River –124.0343); Canoe Creek (40.2909, Creek (39.6892, –123.6818); Grub Creek (40.7568, –124.1948); Salmon Creek –123.922); Cow Creek (40.3583, (39.7777, –123.5809); Jack of Hearts (40.6868, –124.2194) upstream to –123.9626); Cuneo Creek (40.3377, Creek (39.7244, –123.6802); Kenny endpoint(s) in: Bridge Creek (40.6958, –124.0385); Elk Creek (40.2837, Creek (39.6733, –123.6082); Mud Creek –124.0795); Dunlap Gulch (40.7101, –123.8365); Fish Creek (40.2316, (39.6561, –123.592); Redwood Creek –124.1155); Freshwater Creek (40.7389, –123.7915); Harper Creek (40.354, (39.6738, –123.6631); Rock Creek –123.9944); Gannon Slough (40.8628, –123.9895); Mill Creek (40.3509, (39.6931, –123.6204); South Fork Eel –124.0818); Jacoby Creek (40.7944, –124.0236); Salmon Creek (40.2214, River (39.6271, –123.5389); Streeter –124.0093); Little Freshwater Creek –123.9059); South Fork Salmon River Creek (39.7328, –123.5542); Ten Mile (40.7485, –124.0652); North Branch of (40.1769, –123.8929); Squaw Creek Creek (39.6651, –123.451). the North Fork Elk River (40.6878, (40.3401, –123.9997); Tostin Creek (ix) Sequoia Hydrologic Sub-area –124.0131); North Fork Elk River (40.1722, –123.8796). 111141. Outlet(s) = Eel River (Lat (40.6756, –124.0153); Ryan Creek (vii) Benbow Hydrologic Sub-area 40.3557, Long –123.9191); South Fork (40.7835, –124.1198); Salmon Creek 111132. Outlet(s) = South Fork Eel River Eel River (40.3558, –123.9194) upstream (40.6438, –124.1319); South Branch of (Lat 40.1932, Long –123.7692) upstream to endpoint(s) in: Brock Creek (40.2411, the North Fork Elk River (40.6691, to endpoint(s) in: Anderson Creek –123.7248); Dobbyn Creek (40.2216, –124.0244); South Fork Elk River (39.9337, –123.8933); Bear Pen Creek –123.6029); Hoover Creek (40.2312, (40.6626, –124.061); South Fork (39.9125, –123.8108); Bear Wallow –123.5792); Line Gulch (40.1655, Freshwater Creek (40.7097, –124.0277). Creek (39.7296, –123.7172); Bond Creek –123.4831); North Fork Dobbyn Creek (ii) [Reserved] (39.7856, –123.6937); Butler Creek (40.2669, –123.5467); South Fork (5) Eel River Hydrologic Unit 1111— (39.7439, –123.692); China Creek Dobbyn Creek (40.1723, –123.5112); (i) Ferndale Hydrologic Sub-area (40.1035, –123.9493); Connick Creek South Fork Eel River (40.35, –123.9305); 111111. Outlet(s) = Eel River (Lat (40.0911, –123.8187); Cox Creek Unnamed Tributary (40.3137, 40.6282, Long –124.2838) upstream to (40.0288, –123.8542); Cummings Creek –123.8333); Unnamed Tributary endpoint(s) in: Atwell Creek (40.472, (39.8431, –123.5752); Dean Creek (40.2715, –123.549). –124.1449); Howe Creek (40.4748, (40.1383, –123.7625); Dinner Creek (x) Spy Rock Hydrologic Sub-area –124.1827); Price Creek (40.5028, (40.0915, –123.937); East Branch South 111142. Outlet(s) = Eel River (Lat –124.2035); Strongs Creek (40.5986, Fork Eel River (39.9433, –123.6278); Elk 40.1736, Long –123.6043) upstream to –124.1222); Van Duzen River (40.5337, Creek (39.7986, –123.5981); Fish Creek endpoint(s) in: Bell Springs Creek –124.1262). (40.0565, –123.7768); Foster Creek (39.9399, –123.5144); Burger Creek (ii) Scotia Hydrologic Sub-area (39.8455, –123.6185); Grapewine Creek (39.6943, –123.413); Chamise Creek 111112. Outlet(s) = Eel River (Lat (39.7991, –123.5186); Hartsook Creek (40.0563, –123.5479); Jewett Creek 40.4918, Long –124.0998) upstream to (40.012, –123.7888); Hollow Tree Creek (40.1195, –123.6027); Kekawaka Creek endpoint(s) in: Bear Creek (40.391, (39.7316, –123.6918); Huckleberry Creek (40.0686, –123.4087); Woodman Creek –124.0156); Chadd Creek (40.3921, (39.7315, –123.7253); Indian Creek (39.7639, –123.4338). –123.9542); Jordan Creek (40.4324, (39.9464, –123.8993); Jones Creek (xi) North Fork Eel River Hydrologic –124.0428); Monument Creek (40.4676, (39.9977, –123.8378); Leggett Creek Sub-area 111150. Outlet(s) = North Fork –124.1133). (40.1374, –123.8312); Little Sproul Creel Eel River (Lat 39.9567, Long –123.4375) (iii) Larabee Creek Hydrologic Sub- (40.0897, –123.8585); Low Gap Creek upstream to endpoint(s) in: North Fork area 111113. Outlet(s) = Larabee Creek (39.993, –123.767); McCoy Creek Eel River (39.9370, –123.3758). (40.4090, Long –123.9334) upstream to (39.9598, –123.7542); Michael’s Creek (xii) Outlet Creek Hydrologic Sub-area endpoint(s) in: Carson Creek (40.4189, (39.7642, –123.7175); Miller Creek 111161. Outlet(s) = Outlet Creek (Lat –123.8881); Larabee Creek (40.3950, (40.1215, –123.916); Moody Creek 39.6263, Long –123.3453) upstream to –123.8138). (39.9531, –123.8819); Mud Creek endpoint(s) in: Baechtel Creek (39.3688, (iv) Hydesville Hydrologic Sub-area (39.8232, –123.6107); Piercy Creek –123.4028); Berry Creek (39.4272, 111121. Outlet(s) = Van Duzen River (39.9706, –123.8189); Pollock Creek –123.2951); Bloody Run (39.5864, (Lat 40.5337, Long –124.1262) upstream (40.0822, –123.9184); Rattlesnake Creek –123.3545); Broaddus Creek (39.3907, to endpoint(s) in: Cummings Creek (39.7974, –123.5426); Redwood Creek –123.4163); Davis Creek (39.3701, (40.5258, –123.9896); Fielder Creek (39.7721, –123.7651); Redwood Creek –123.3007); Dutch Henry Creek (40.5289, –124.0201); Hely Creek (40.0974, –123.9104); Seely Creek (39.5788, –123.4543); Haehl Creek (40.5042, –123.9703); Yager Creek (40.1494, –123.8825); Somerville Creek (39.3795, –123.3393); Long Valley Creek (40.5583, –124.0577). (40.0896, –123.8913); South Fork (39.6091, –123.4577); Ryan Creek (v) Yager Creek Hydrologic Sub-area Redwood Creek (39.7663, –123.7579); (39.4803, –123.3642); Upp Creek 111123. Outlet(s) = Yager Creek (Lat Spoul Creek (40.0125, –123.8585); (39.4276, –123.3578); Upp Creek
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52539
(39.4276, –123.3578); Willits Creek –124.0621); East Fork Honeydew Creek 39.3030, Long –123.7957) upstream to (39.4315, –123.3794). (40.1633, –124.0916); East Fork of the endpoint(s) in: Big River (39.3095, (xiii) Tomki Creek Hydrologic Sub- North Fork Mattole River (40.3489, –123.4454). area 111162. Outlet(s) = Eel River (Lat –124.2244); Eubanks Creek (40.0893, (v) Albion River Hydrologic Sub-area 39.7138, Long –123.3531) upstream to –123.9743); Gilham Creek (40.2162, 111340. Outlet(s) = Albion River (Lat endpoint(s) in: Cave Creek (39.3925, –124.0309); Grindstone Creek (40.1875, 39.2253, Long –123.7679) upstream to –123.2318); Long Branch Creek –124.0041); Honeydew Creek (40.1942, endpoint(s) in: Albion River (39.2644, (39.4074, –123.1897); Rocktree Creek –124.1363); Mattole Canyon (40.1833, –123.6072). (39.4533, –123.3079); Salmon Creek –123.9666); Mattole River (39.9735, (vi) Garcia River Hydrologic Sub-area (39.4461, –123.2104); Scott Creek –123.9548); McGinnis Creek (40.3013, 111370. Outlet(s) = Garcia River (Lat (39.456, –123.2297); String Creek –124.2146); McKee Creek (40.0674, 38.9455, Long –123.7257) upstream to (39.4855, –123.2891); Tomki Creek –123.9608); Mill Creek (40.0169, endpoint(s) in: Garcia River (38.9160, (39.549, –123.3613); Wheelbarrow Creek –123.9656); North Fork Mattole River –123.4900). (39.5029, –123.3287). (40.3729, –124.2461); North Fork Bear (xiv) Lake Pillsbury Hydrologic Sub- Creek (40.1422, –124.0945); Oil Creek (8) Russian River Hydrologic Unit area 111163. Outlet(s) = Eel River (Lat (40.3008, –124.1253); Rattlesnake Creek 1114—(i) Guerneville Hydrologic Sub- 39.3860, Long –123.1163) upstream to (40.2919, –124.1051); South Fork Bear area 111411. Outlet(s) = Russian River endpoint(s) in: Eel River (39.4078, Creek (40.0334, –124.0232); Squaw (Lat 38.4507, Long –123.1289) upstream –122.958). Creek (40.219, –124.1921); Thompson to endpoint(s) in: Austin Creek (xv) Eden Valley Hydrologic Sub-area Creek (39.9969, –123.9638); Unnamed (38.5099, –123.0681); Mark West Creek 111171. Outlet(s) = Middle Fork Eel (40.1522, –124.0989); Upper North Fork (38.4961, –122.8489). River (Lat 39.8146, Long –123.1332) Mattole River (40.2907, –124.1115); (ii) Austin Creek Hydrologic Sub-area upstream to endpoint(s) in: Middle Fork Westlund Creek (40.2333, –124.0336); 111412. Outlet(s) = Austin Creek (Lat Eel River (39.8145, –123.1333). Woods creek (40.2235, –124.1574); Yew 38.5099, Long –123.0681) upstream to (xvi) Round Valley Hydrologic Sub- Creek (40.0019, –123.9743). endpoint(s) in: Austin Creek (38.5326, area 111172. Outlet(s) = Mill Creek (Lat (7) Mendocino Coast Hydrologic Unit –123.0844). 39.7396, Long –123.1420); Williams 1113—(i) Wages Creek Hydrologic Sub- (iii) Warm Springs Hydrologic Sub- Creek (39.8145, –123.1333) upstream to area 111312. Outlet(s) = Wages Creek area 111424. Outlet(s) = Dry Creek (Lat endpoint(s) in: Mill Creek (39.8456, (Lat 39.6513, Long –123.7851) upstream 38.5861, Long –122.8573) upstream to –123.2822); Murphy Creek (39.8804, to endpoint(s) in: Wages Creek (39.6393, endpoint(s) in: Dry Creek (38.7179, –123.1636); Poor Mans Creek (39.8179, –123.7146). –123.0075). –123.1833); Short Creek (39.8645, (ii) Ten Mile River Hydrologic Sub- (iv) Geyserville Hydrologic Sub-area –123.2242); Turner Creek (39.7238, area 111313. Outlet(s) = Ten Mile River 111425. Outlet(s) = Russian River (Lat –123.2191); Williams Creek (39.8596, (Lat 39.5529, Long –123.7658) upstream 38.6132, Long –122.8321) upstream. –123.1341). to endpoint(s) in: Middle Fork Ten Mile (v) Ukiah Hydrologic Sub-area (6) Cape Mendocino Hydrologic Unit River (39.5397, –123.5523); Little North 111431. Outlet(s) = Russian River (Lat 1112—(i) Capetown Hydrologic Sub- Fork Ten Mile River (39.6188, area 111220. Outlet(s) = Bear River (Lat –123.7258); Ten Mile River (39.5721, 38.8828, Long –123.0557) upstream to 40.4744, Long –124.3881) upstream to –123.7098); South Fork Ten Mile River endpoint(s) in: Feliz Creek (38.9941, endpoint(s) in: Bear River (40.3591, (39.4927, –123.6067); North Fork Ten –123.1779). –124.0536); South Fork Bear River Mile River (39.5804, –123.5735). (vi) Forsythe Creek Hydrologic Sub- (40.4271, –124.2873). (iii) Noyo River Hydrologic Sub-area area 111433. Outlet(s) = Russian River (ii) Mattole River Hydrologic Sub-area 111320. Outlet(s) = Noyo River (Lat (Lat 39.2257, Long –123.2012) upstream 111230. Outlet(s) = Mattole River (Lat 39.4274, Long –123.8096) upstream to to endpoint(s) in: Forsythe Creek 40.2942, Long –124.3536) upstream to endpoint(s) in: North Fork Noyo River (39.2780, –123.2608); Russian River endpoint(s) in: Bear Creek (40.1262, (39.4541, –123.5331); Noyo River (39.3599, –123.2326). –124.0631); Blue Slide Creek (40.1286, (39.431, 123.494); South Fork Noyo (9) Maps of critical habitat for the –123.9579); Bridge Creek (40.0503, River (39.3549, –123.6136). California Coast chinook salmon ESU –123.9885); Conklin Creek (40.3169, (iv) Big River Hydrologic Sub-area follow: –124.229); Dry Creek (40.2389, 111330. Outlet(s) = Big River (Lat BILLING CODE 3510–22–P
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52540 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.000 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52541
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.001 52542 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.002 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52543
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.003 52544 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.004 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52545
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.005 52546 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.006 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52547
BILLING CODE 3510–22–C
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.007 52548 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(g) Northern California Steelhead (O. –123.8397); Sweathouse Creek (40.9332, –123.9958); Unnamed Tributary mykiss). Critical habitat is designated to –123.8131); Toss–Up Creek (40.9845, (41.0407, –124.0598); Unnamed include the areas defined in the –123.8656); Unnamed Tributary Tributary (41.0068, –123.9830); following CALWATER Hydrologic (41.1270, –123.8967); Wiregrass Creek Unnamed Tributary (41.0402, units: (40.9652, –123.8553). –124.0111); Unnamed Tributary (1) Redwood Creek Hydrologic Unit (iii) Lake Prairie Hydrologic Sub-area (41.0402, –124.0189); Unnamed 1107—(i) Orick Hydrologic Sub-area 110730. Outlet(s) = Redwood Creek (Lat Tributary (41.0303, –124.0366); 110710. Outlet(s) = Boat Creek (Lat 40.9070, Long –123.8170) upstream to Unnamed Tributary (41.0575, 41.4059, Long –124.0675); Home Creek endpoint(s) in: Bradford Creek (40.7812, –123.9710); Unnamed Tributary (41.4027, –124.0683); Redwood Creek –123.7215); Cut–Off Meander (40.8507, (41.0068, –123.9830); Upper South Fork (41.2923, –124.0917); Squashan Creek –123.7729); Emmy Lou Creek (40.8655, Little River (41.0146, –123.9826). (41.3889, –124.0703) upstream to –123.7771); Gunrack Creek (40.8391, (3) Mad River Hydrologic Unit 1109— endpoint(s) in: Boat Creek (41.4110, –123.7650); High Prairie Creek (40.8191, (i) Blue Lake Hydrologic Sub-area –124.0583); Bond Creek (41.2326, –123.7723); Jena Creek (40.8742, 110910. Outlet(s) = Mad River (Lat –124.0262); Boyes Creek (41.3701, –123.8065); Lake Prairie Creek (40.7984, 40.9139, Long –124.0642); Strawberry –124.9891); Bridge Creek (41.1694, –123.7558); Lupton Creek (40.9058, Creek (40.9964, –124.1155); Widow –123.9964); Brown Creek (41.3986, –123.8286); Minon Creek (40.8140, White Creek (40.9635, –124.1253) –124.0012); Cloquet Creek (41.2466, –123.7372); Noisy Creek (40.8613, upstream to endpoint(s) in: Boundary –123.9884); Cole Creek (41.2209, –123.8044); Pardee Creek (40.7779, Creek (40.8395, –123.9920); Grassy –123.9931); Copper Creek (41.1516, –123.7416); Redwood Creek (40.7432, Creek (40.9314, –124.0188); Hall Creek –123.9258); Dolason Creek (41.1969, –123.7206); Simion Creek (40.8241, (40.9162, –124.0141); Kelly Creek –123.9667); Elam Creek (41.2613, –123.7560); Six Rivers Creek (40.8352, (40.8656, –124.0260); Leggit Creek –124.0321); Emerald Creek (41.2164, –123.7842); Smokehouse Creek (40.8808, –124.0269); Lindsay Creek –123.9808); Forty Four Creek (41.2187, (40.7405, –123.7278); Snowcamp Creek (40.9838, –124.0283); Mather Creek –124.0195); Gans South Creek (41.2678, (40.7415, –123.7296); Squirrel Trail (40.9796, –124.0526); Mill Creek –124.0071); Godwood Creek (41.3787, Creek (40.8692, –123.7844); Twin Lakes (40.9296, –124.1037); Mill Creek –124.0354); Hayes Creek (41.2890, Creek (40.7369, –123.7214); Panther (40.9162, –124.0141); Mill Creek –124.0164); Home Creek (41.3951, Creek (40.8019, –123.7094); Windy (40.8521, –123.9617); North Fork Mad –124.0386); Larry Dam Creek (41.3441, Creek (40.8866, –123.7956). River (40.8687, –123.9649); Norton –123.9966); Little Lost Man Creek (2) Trinidad Hydrologic Unit 1108— Creek (40.9572, –124.1003); Palmer (41.3078, –124.0084); Lost Man Creek (i) Big Lagoon Hydrologic Sub-area Creek (40.8633, –124.0193); Puter Creek (41.3187, –123.9892); May Creek 110810. Outlet(s) = Maple Creek (Lat (40.8474, –123.9966); Quarry Creek (41.3521, –124.0164); McArthur Creek 41.1555, Long –124.1380); McDonald (40.8526, –124.0098); Squaw Creek (41.2702, –124.0427); Miller Creek Creek (41.2521, –124.0919) upstream to (40.9426, –124.0202); Strawberry Creek (41.2305, –124.0046); North Fork Lost endpoint(s) in: Beach Creek (41.0716, (40.9761, –124.0630); Unnamed Man Creek (41.3405, –123.9859); Oscar –124.0239); Clear Creek (41.1031, Tributary (40.9624, –124.0179); Larson Creek (41.2559, –123.9943); –124.0030); Diamond Creek (41.1571, Unnamed Tributary (40.9549, Prairie Creek (41.4440, –124.0411); –124.0926); Maple Creek (41.0836, –124.0554); Unnamed Tributary Skunk Cabbage Creek (41.3211, –123.9790); McDonald Creek (41.1850, –124.0802); Slide Creek (41.1736, –124.0773); M-Line Creek (41.0752, (40.9672, –124.0218); Warren Creek –123.9450); Squashan Creek (41.3739, –124.0787); North Fork Maple Creek (40.8860, –124.0351); Widow White –124.0440); Streelow Creek (41.3622, (41.1254, –124.0539); North Fork Creek (40.9522, –124.0784). –124.0472); Tom McDonald Creek McDonald Creek (41.2107, –124.0664); (ii) North Fork Mad River Hydrologic (41.1933, –124.0164); Unnamed Pitcher Creek (41.1518, –124.0874); Sub-area 110920. Outlet(s) = North Fork Tributary (41.3619, –123.9967); South Fork Maple Creek (41.1003, Mad River (Lat 40.8687, Long Unnamed Tributary (41.3424, –124.1119); Tom Creek (41.1773, –123.9649) upstream to endpoint(s) in: –124.0572). –124.0966); Unnamed Tributary Bald Mountain Creek (40.8922, (ii) Beaver Hydrologic Sub-area (41.1004, –124.0155); Unnamed –123.9097); Canyon Creek (40.9598, 110720. Outlet(s) = Redwood Creek (Lat Tributary (41.0780, –124.0676); –123.9269); Denman Creek (40.9293, 41.1367, Long –123.9309) upstream to Unnamed Tributary (41.1168, –123.9429); East Fork North Fork endpoint(s) in: Beaver Creek (41.0208, –124.0886); Unnamed Tributary (40.9702, –123.9449); Gosinta Creek –123.8608); Captain Creek (40.9199, (41.0864, –124.0899); Unnamed (40.9169, –123.9420); Hutchery Creek –123.7944); Cashmere Creek (41.0132, Tributary (41.1132, –124.0827); (40.8730, –123.9503); Jackson Creek –123.8862); Coyote Creek (41.1251, Unnamed Tributary (41.0749, (40.9388, –123.9462); Krueger Creek –123.8926); Devils Creek (41.1224, –124.0889); Unnamed Tributary (40.9487, –123.9571); Long Prairie Creek –123.9384); Garcia Creek (41.0180, (41.1052, –124.0675); Unnamed (40.9294, –123.8842); Mule Creek –123.8923); Garrett Creek (41.0904, Tributary (41.0714, –124.0611); (40.9416, –123.9309); North Fork Mad –123.8712); Karen Court Creek (41.0368, Unnamed Tributary (41.0948, River (40.9918, –123.9610); Pine Creek –123.8953); Lacks Creek (41.0306, –124.0016). (40.9274, –123.9096); Pollock Creek –123.8096); Loin Creek (40.9465, (ii) Little River Hydrologic Sub-area (40.9081, –123.9071); Sullivan Gulch –123.8454); Lupton Creek (40.9058, 110820. Outlet(s) = Little River (Lat (40.8646, –123.9553); Tyson Creek –123.8286); Mill Creek (41.0045, 41.0277, Long –124.1112) upstream to (40.9559, –123.9738); Unnamed –123.8525); Minor Creek (40.9706, endpoint(s) in: Freeman Creek (41.0242, Tributary (40.9645, –123.9338); –123.7899); Molasses Creek (40.9986, –124.0582); Little River (40.9999, Unnamed Tributary (40.9879, –123.8490); Moon Creek (40.9807, –123.9232); Lower South Fork Little –123.9511); Unnamed Tributary –123.8368); Panther Creek (41.0732, River (41.0077, –124.0079); Railroad (40.9906, –123.9540); Unnamed –123.9275); Pilchuck Creek (41.9986, Creek (41.0468, –124.0466); South Fork Tributary (40.9866, –123.9788); –123.8710); Roaring Gulch (41.0319, Little River (40.9899, –124.0394); Unnamed Tributary (40.9927, –123.8674); Santa Fe Creek (40.9368, Unnamed Tributary (41.0356, –123.9736).
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52549
(iii) Butler Valley Hydrologic Sub-area Fork Elk River (40.6700, –124.0251); (40.4181, –123.8879); Chris Creek 110930. Outlet(s) = Mad River (Lat South Fork Elk River (40.6437, (40.4146, –123.9235); Cooper Creek 40.8449, Long –123.9807) upstream to –124.0388); South Fork Freshwater (40.3123, –123.6463); Dauphiny Creek endpoint(s) in: Bear Creek (40.5468, Creek (40.7110, –124.0367); Swain (40.4049, –123.8893); Frost Creek –123.6728); Black Creek (40.7521, Slough (40.7524, –124.1825); Tom (40.3765, –123.7357); Hayfield Creek –123.9080); Black Dog Creek (40.8334, Gulch (40.6794, –124.1452); Unnamed (40.3350, –123.6535); Knack Creek –123.9805); Blue Slide Creek (40.7333, Tributary (40.7850, –124.0561); (40.3788, –123.7385); Larabee Creek –123.9225); Boulder Creek (40.7634, Unnamed Tributary (40.7496, (40.2807, –123.6445); Martin Creek –123.8667); Bug Creek (40.6587, –124.1651); Unnamed Tributary (40.3730, –123.7060); Maxwell Creek –123.7356); Cannon Creek (40.8535, (40.7785,—124.1081); Unnamed (40.3959, –123.8049); McMahon Creek –123.8850); Coyote Creek (40.6147, Tributary (40.7667, –124.1054); (40.3269, –123.6363); Mill Creek –123.6488); Devil Creek (40.8032, Unnamed Tributary (40.7559, (40.3849, –123.7440); Mountain Creek –123.9175); Dry Creek (40.8218, –124.0870); Unnamed Tributary (40.2955, –123.6378); Scott Creek –123.9751); East Creek (40.5403, (40.7952, –124.0568); Unnamed (40.4020, –123.8738); Smith Creek –123.5579); Maple Creek (40.7933, Tributary (40.7408, –124.1118); (40.4194, –123.8568); Thurman Creek –123.8353); Pilot Creek (40.5950, Unnamed Tributary (40.7186, (40.3506, –123.6669); Unnamed –123.5888); Simpson Creek (40.8138, –124.1385); Unnamed Tributary Tributary (40.3842, –123.8062); –123.9156); Unnamed Tributary (40.7224, –124.1038); Unnamed Unnamed Tributary (40.3982, (40.7306, –123.9019); Unnamed Tributary (40.8210, –124.0111); –123.7862); Unnamed Tributary Tributary (40.7739, –123.9255); Unnamed Tributary (40.8106, (40.3806, –123.7564); Unnamed Unnamed Tributary (40.7744, –124.0083); Unnamed Tributary Tributary (40.3661, –123.7398); –123.9137); Unnamed Tributary (40.7554, –124.1379); Unnamed Unnamed Tributary (40.3524, (40.8029, –123.8716); Unnamed Tributary (40.7457, –124.1138); –123.7330). Tributary (40.8038, –123.8691); Washington Gulch (40.8205, –124.0549). (iv) Hydesville Hydrologic Sub-area Unnamed Tributary (40.8363, (ii) [Reserved] 111121. Outlet(s) = Van Duzen River (5) Eel River Hydrologic Unit 1111— –123.9025). (Lat 40.5337, Long –124.1262) upstream (i) Ferndale Hydrologic Sub-area (4) Eureka Plain Hydrologic Unit to endpoint(s) in: Cuddeback Creek 111111. Outlet(s) = Eel River (Lat 1110—(i) Eureka Plain Hydrologic Sub- (40.5421, –124.0263); Cummings Creek 40.6275, Long –124.2520) upstream to area 111000. (40.5282, –123.9770); Fiedler Creek Outlet(s) = Elk River (Lat 40.7568, endpoint(s) in: Atwell Creek (40.4824, (40.5351, –124.0106); Hely Creek Long –124.1948); Freshwater Creek –124.1498); Dean Creek (40.4847, (40.5165, –123.9531); Yager Creek (40.8088, –124.1442); Jacoby Creek –124.1217); Horse Creek (40.5198, (40.5583, –124.0577); Unnamed (40.8436, –124.0834); Mad River –124.1702); Howe Creek (40.4654, Tributary (40.5718, –124.0946). (40.9560, –124.1278); Rocky Gulch –124.1916); Nanning Creek (40.4914, (40.8309, –124.0813); Salmon Creek –124.0652); North Fork Strongs Creek (v) Bridgeville Hydrologic Sub-area (40.6868, –124.2194); Washington Gulch (40.6077, –124.1047); Price Creek 111122. Outlet(s) = Van Duzen River (40.8317, –124.0805) upstream to (40.5101, –124.2731); Rohner Creek (Lat 40.4942, Long –123.9720) upstream endpoint(s) in: Bridge Creek (40.6958, (40.6151, –124.1408); Strongs Creek to endpoint(s) in: Bear Creek (40.3455, –124.0805); Browns Gulch (40.7038, (40.5999, –124.0985); Sweet Creek –123.5763); Blanket Creek (40.3635, –124.1074); Clapp Gulch (40.6967, (40.4900, –124.2007); Van Duzen River –123.5710); Browns Creek (40.4958, –124.1684); Cloney Gulch (40.7826, (40.5337, –124.1262). –123.8103); Butte Creek (40.4119, –124.0347); Doe Creek (40.6964, (ii) Scotia Hydrologic Sub-area –123.7047); Dairy Creek (40.4174, –124.0201); Dunlap Gulch (40.7076, 111112. Outlet(s) = Eel River (Lat –123.5981); Fish Creek (40.4525, –124.1182); Falls Gulch (40.7655, 40.4918, Long –124.0988) upstream to –123.8434); Grizzly Creek (40.5193, –124.0261); Fay Slough (40.8033, endpoint(s) in: Bear Creek (40.3942, –123.8470); Little Larabee Creek –124.0574); Freshwater Creek (40.7385, –124.0262); Bridge Creek (40.4278, (40.4708, –123.7395); Little Van Duzen –124.0035); Golf Course Creek (40.8406, –123.9317); Chadd Creek (40.3919, River (40.3021, –123.5540); North Fork –124.0402); Graham Gulch (40.7540, –123.9540); Darnell Creek (40.4533, Van Duzen (40.4881, –123.6411); –124.0228); Guptil Gulch (40.7530, –123.9808); Dinner Creek (40.4406, Panther Creek (40.3921, –123.5866); –124.1202); Henderson Gulch (40.7357, –124.0855); Greenlow Creek (40.4315, Root Creek (40.4490, –123.9018); –124.1394); Jacoby Creek (40.7949, –124.0231); Jordan Creek (40.4171, Stevens Creek (40.5062, –123.9073); –124.0096); Lake Creek (40.6848, –124.0517); Kiler Creek (40.4465, Thompson Creek (40.4222, –123.6084); –124.0831); Line Creek (40.6578, –124.0952); Monument Creek (40.4371, Van Duzen River (40.4820, –123.6629); –124.0460); Little Freshwater Creek –124.1165); Shively Creek (40.4454, Unnamed Tributary (40.3074, (40.7371, –124.0649); Little North Fork –123.9539); South Fork Bear Creek –123.5834). Elk River (40.6972, –124.0100); Little (40.3856, –124.0182); Stitz Creek (vi) Yager Creek Hydrologic Sub-area South Fork Elk River (40.6555, (40.4649, –124.0531); Twin Creek 111123. Outlet(s) = Yager Creek (Lat –124.0877); Martin Slough (40.7679, (40.4419, –124.0714); Unnamed 40.5583, Long –124.0577) upstream to –124.1578); McCready Gulch (40.7824, Tributary (40.3933, –123.9984); Weber endpoint(s) in: Bell Creek (40.6809, –124.0441); McWinney Creek (40.6968, Creek (40.3767, –123.9094). –123.9685); Blanten Creek (40.5839, –124.0616); Morrison Gulch (40.8169, (iii) Larabee Creek Hydrologic Sub- –124.0165); Booths Run (40.6584, –124.0430); North Branch of the North area 111113. Outlet(s) = Larabee Creek –123.9428); Corner Creek (40.6179, Fork Elk River (40.6879, –124.0130); (Lat 40.4090, Long –123.9334) upstream –124.0010); Fish Creek (40.6390, North Fork Elk River (40.6794– to endpoint(s) in: Arnold Creek –124.0024); Lawrence Creek (40.6986, 123.9834); Railroad Gulch (40.6955, (40.4006, –123.8583); Balcom Creek –123.9314); Middle Fork Yager Creek –124.1545); Rocky Gulch (40.8170, (40.4030, –123.8986); Bosworth Creek (40.5782, –123.9243); North Fork Yager –124.0613); Ryan Creek (40.7352, (40.3584, –123.7089); Boulder Flat Creek (40.6056, –123.9080); Shaw Creek –124.0996); Salmon Creek (40.6399, Creek (40.3530, –123.6381); Burr Creek (40.6231, –123.9509); South Fork Yager –124.1128); South Branch of the North (40.4250, –123.7767); Carson Creek Creek (40.5451, –123.9409); Unnamed
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52550 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
Tributary (40.5892, –123.9663); Yager (39.8673, –123.7605); Miller Creek Creek (40.3552, –123.8417); Unnamed Creek (40.5673, –123.9403). (40.1319, –123.9302); Moody Creek Tributary (40.2745, –123.5487). (vii) Weott Hydrologic Sub-area (39.9471, –123.8827); Mule Creek (xi) Spy Rock Hydrologic Sub-area 111131. Outlet(s) = South Fork Eel River (39.8169, –123.7745); North Fork Cedar 111142. Outlet(s) = Eel River (Lat (Lat 40.3500, Long –123.9305) upstream Creek (39.8864, –123.6363); North Fork 40.1736, Long –123.6043) upstream to to endpoint(s) in: Albee Creek (40.3592, McCoy Creek (39.9723, –123.7496); endpoint(s) in: Bear Pen Canyon –124.0088); Bull Creek (40.3587, Piercy Creek (39.9597, –123.8442); (39.6943, –123.4359); Bell Springs Creek –123.9624); Burns Creek (40.3194, Pollock Creek (40.0802, –123.9341); Red (39.9457, –123.5313); Blue Rock Creek –124.0420); Butte Creek (40.1982, Mountain Creek (39.9363, –123.7203); (39.8937, –123.5018); Burger Creek –123.8387); Canoe Creek (40.2669, Redwood Creek (39.7723, –123.7648); (39.6693, –123.4034); Chamise Creek –123.9556); Coon Creek (40.2702, Redwood Creek (40.0974, –123.9104); (40.0035, –123.5945); Gill Creek –123.9013); Cow Creek (40.2664, Rock Creek (39.8962, –123.7065); (39.7879, –123.3465); Iron Creek –123.9838); Cuneo Creek (40.3401, Sebbas Creek (39.9934, –123.8903); (39.7993, –123.4747); Jewett Creek –124.0494); Decker Creek (40.3312, Somerville Creek (40.1006, –123.8884); (40.1122, –123.6171); Kekawaka Creek –123.9501); Elk Creek (40.2609, South Fork Mule Creek (39.8174, (40.0686, –123.4087); Rock Creek –123.7957); Fish Creek (40.2459, –123.7788); South Fork Redwood Creek (39.9347, –123.5187); Shell Rock Creek –123.7729); Harper Creek (40.3591, (39.7662, –123.7579); Sproul Creek (39.8414, –123.4614); Unnamed –123.9930); Mill Creek (40.3568, (40.0226, –123.8649); Squaw Creek Tributary (39.7579, –123.4709); White –124.0333); Mowry Creek (40.2937, (40.0760, –123.7257); Standly Creek Rock Creek (39.7646, –123.4684); –123.8895); North Fork Cuneo Creek (39.9327, –123.8309); Tom Long Creek Woodman Creek (39.7612, –123.4364). (40.3443, –124.0488); Ohman Creek (40.0175, –123.6551); Waldron Creek (xii) Outlet Creek Hydrologic Sub-area (40.1924, –123.7648); Panther Creek (39.7469, –123.7465); Walter’s Creek 111161. Outlet(s) = Outlet Creek (Lat (40.2775, –124.0289); Preacher Gulch (39.7921, –123.7250); Warden Creek 39.6265, Long –123.3449) upstream to (40.2944, –124.0047); Salmon Creek (40.0629, –123.8551); West Fork Sproul endpoint(s) in: Baechtel Creek (39.3623, (40.2145, –123.8926); Slide Creek Creek (40.0587, –123.9170); Wildcat –123.4143); Berry Creek (39.4271, (40.3011, –124.0390); South Fork Creek (39.8956, –123.7820); Unnamed –123.2777); Bloody Run Creek (39.5864, Salmon Creek (40.1769, –123.8929); Tributary (39.9927, –123.8807). –123.3545); Broaddus Creek (39.3869, Squaw Creek (40.3167, –123.9988); (ix) Laytonville Hydrologic Sub-area –123.4282); Cherry Creek (39.6043, Unnamed Tributary (40.3065, 111133. Outlet(s) = South Fork Eel River –123.4073); Conklin Creek (39.3756, –124.0074); Unnamed Tributary (Lat 39.7665, Long –123.6484) upstream –123.2570); Davis Creek (39.3354, (40.2831, –124.0359). to endpoint(s) in: Bear Creek (39.6418, –123.2945); Haehl Creek (39.3735, (viii) Benbow Hydrologic Sub-area –123.5853); Big Rick Creek (39.7117, –123.3172); Long Valley Creek (39.6246, 111132. Outlet(s) = South Fork Eel River –123.5512); Cahto Creek (39.6527, –123.4651); Mill Creek (39.4196, (Lat 40.1929, Long –123.7692) upstream –123.5579); Dark Canyon Creek –123.3919); Outlet Creek (39.4526, to endpoint(s) in: Anderson Creek (39.7333, –123.6614); Dutch Charlie –123.3338); Ryan Creek (39.4804, (39.9325, –123.8928); Bear Creek Creek (39.6843, –123.7023); Elder Creek –123.3644); Unnamed Tributary (39.7885, –123.7620); Bear Pen Creek (39.7234, –123.6192); Fox Creek (39.4956, –123.3591); Unnamed (39.9201, –123.7986); Bear Wallow (39.7441, –123.6142); Grub Creek Tributary (39.4322, –123.3848); Creek (39.7270, –123.7140); Big Dan (39.7777, –123.5809); Jack of Hearts Unnamed Tributary (39.5793, Creek (39.8430, –123.6992); Bond Creek Creek (39.7136, –123.6896); Kenny –123.4546); Unnamed Tributary (39.7778, –123.7060); Bridges Creek Creek (39.6838, –123.5929); Little Case (39.3703, –123.3419); Upp Creek (39.9087, –123.7142); Buck Mountain Creek (39.6892, –123.5441); Mill Creek (39.4479, –123.3825); Willts Creek Creek (40.0944, –123.7423); Butler (39.6839, –123.5118); Mud Creek (39.4686, –123.4299). Creek (39.7423, –123.6987); Cedar Creek (39.6713, –123.5741); Mud Springs (xiii) Tomki Creek Hydrologic Sub- (39.8834, –123.6216); China Creek Creek (39.6929, –123.5629); Redwood area 111162. Outlet(s) = Eel River (Lat (40.1035, –123.9493); Connick Creek Creek (39.6545, –123.6753); Rock Creek 39.7138, Long –123.3532) upstream to (40.0912, –123.8154); Cox Creek (39.6922, –123.6090); Section Four endpoint(s) in: Cave Creek (39.3842, (40.0310, –123.8398); Cruso Cabin Creek Creek (39.6137, –123.5297); South Fork –123.2148); Dean Creek (39.6924, (39.9281, –123.5842); Durphy Creek Eel River (39.6242, –123.5468); Streeter –123.3727); Garcia Creek (39.5153, (40.0205, –123.8271); East Branch South Creek (39.7340, –123.5606); Ten Mile –123.1512); Little Cave Creek (39.3915, Fork Eel River (39.9359, –123.6204); Creek (39.6652, –123.4486); Unnamed –123.2462); Little Creek (39.4146, Elkhorn Creek (39.9272, –123.6279); Tributary (39.7004, –123.5678). –123.2595); Long Branch Creek Fish Creek (40.0390, –123.7630); (x) Sequoia Hydrologic Sub-area (39.4074, –123.1897); Rocktree Creek Hartsook Creek (40.0081, –123.8113); 111141. Outlet(s) = Eel River (Lat (39.4534, –123.3053); Salmon Creek Hollow Tree Creek (39.7250, 40.3557, Long –123.9191) upstream to (39.4367, –123.1939); Scott Creek –123.6924); Huckleberry Creek (39.7292, endpoint(s) in: Beatty Creek (40.3198, (39.4492, –123.2286); String Creek –123.7275); Indian Creek (39.9556, –123.7500); Brock Creek (40.2410, (39.4658, –123.3206); Tarter Creek –123.9172); Islam John Creek (39.8062, –123.7246); Cameron Creek (40.3313, (39.4715, –123.2976); Thomas Creek –123.7363); Jones Creek (39.9958, –123.7707); Dobbyn Creek (40.2216, (39.4768, –123.1230); Tomki Creek –123.8374); Leggett Creek (40.1470, –123.6029); Kapple Creek (40.3531, (39.5483, –123.3687); Whitney Creek –123.8375); Little Sproul Creek –123.8585); Line Gulch Creek (40.1640, (39.4399, –123.1084); Wheelbarrow (40.0890, –123.8577); Lost Man Creek –123.4783); Mud Creek (40.2078, Creek (39.5012, –123.3304). (39.7983, –123.7287); Low Gap Creek –123.5143); North Fork Dobbyn Creek (xiv) Eden Valley Hydrologic Sub-area (39.8029, –123.6803); Low Gap Creek (40.2669, –123.5467); Sonoma Creek 111171. Outlet(s) = Middle Fork Eel (39.9933, –123.7601); McCoy Creek (40.2974, –123.7953); South Fork River (Lat 39.7138, Long –123.3532) (39.9572, –123.7369); Michael’s Creek Dobbyn Creek (40.1723, –123.5112); upstream to endpoint(s) in: Crocker (39.7665, –123.7035); Middle Creek South Fork Eel River (40.3500, Creek (39.5559, –123.0409); Eden Creek (39.8052, –123.7691); Milk Ranch Creek –123.9305); South Fork Thompson (39.5992, –123.1746); Elk Creek (40.0102, –123.7514); Mill Creek Creek (40.3447, –123.8334); Thompson (39.5371, –123.0101); Hayshed Creek
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52551
(39.7082, –123.0967); Salt Creek –124.0814); Singley Creek (40.4177, (40.1086, –124.0947); Green Ridge Creek (39.6765, –123.2740); Sportsmans Creek –124.3305); South Fork Bear River (40.3254, –124.1258); Grindstone Creek (39.5373, –123.0247); Sulper Springs (40.4047, –124.2631); Unnamed (40.2019, –123.9890); Harris Creek (39.5536, –123.0365); Thatcher Creek Tributary (40.4271, –124.3107); (40.0381, –123.9304); Harrow Creek (39.6686, –123.0639). Unnamed Tributary (40.4814, (40.1612, –124.0292); Helen Barnum (xv) Round Valley Hydrologic Sub- –124.2741); Unnamed Tributary Creek (40.0036, –123.9101); Honeydew area 111172. Outlet(s) = Mill Creek (Lat (40.3633, –124.0651); Unnamed Creek (40.1747, –124.1410); Horse 39.7396, Long –123.1420); Williams Tributary (40.3785, –124.0599); Mountain Creek (40.0769, –124.0729); Creek (39.8145, –123.1333) upstream to Unnamed Tributary (40.4179, Indian Creek (40.2772, –124.2759); endpoint(s) in: Cold Creek (39.8714, –124.2391); Unnamed Tributary Jewett Creek (40.1465, –124.0414); –123.2991); Grist Creek (39.7640, (40.4040, –124.0923); Unnamed Kinsey Creek (40.1765, –124.2220); Lost –123.2883); Mill Creek (39.8481, Tributary (40.3996, –124.3175); Man Creek (39.9754, –123.9179); –123.2896); Murphy Creek (39.8885, Unnamed Tributary (40.4045, Mattole Canyon (40.2021, –123.9570); –123.1612); Short Creek (39.8703, –124.0745); Unnamed Tributary Mattole River (39.9714, –123.9623); –123.2352); Town Creek (39.7991, (40.4668, –124.2364); Unnamed McGinnis Creek (40.3186, –124.1801); –123.2889); Turner Creek (39.7218, Tributary (40.4389, –124.2350); McKee Creek (40.0864, –123.9480); –123.2175); Williams Creek (39.8903, Unnamed Tributary (40.4516, McNutt Gulch (40.3458, –124.3418); –123.1212); Unnamed Tributary –124.2238); Unnamed Tributary Middle Creek (40.2591, –124.0366); Mill (39.7428, –123.2757); Unnamed (40.4136, –124.1594); Unnamed Creek (40.0158, –123.9693); Mill Creek Tributary (39.7493, –123.2584). Tributary (40.4350, –124.1504); (40.3305, –124.2598); Mill Creek (xvi) Black Butte River Hydrologic Unnamed Tributary (40.4394, (40.2839, –124.2946); Nooning Creek Sub-area 111173. Outlet(s) = Black –124.3745); West Side Creek (40.4751, (40.0616, –124.0050); North Fork Butte River (Lat 39.8239, Long –124.2432). Mattole River (40.3866, –124.1867); –123.0880) upstream to endpoint(s) in: (iii) Mattole River Hydrologic Sub- North Fork Bear Creek (40.1494, Black Butte River (39.5946, –122.8579); –124.1060); North Fork Fourmile Creek Buckhorn Creek (39.6563, –122.9225); area 111230. Outlet(s) = Big Creek (Lat 40.1567, Long –124.2114); Big Flat (40.2019, –124.0722); Oat Creek Cold Creek (39.6960, –122.9063); Estell (40.1884, –124.2296); Oil Creek Creek (39.5966, –122.8224); Spanish Creek (40.1275, –124.1764); Buck Creek (40.1086, –124.1218); Cooskie Creek (40.3214, –124.1601); Painter Creek Creek (39.6287, –122.8331). (40.0844, –123.9639); Prichett Creek (xvii) Wilderness Hydrologic Sub-area (40.2192, –124.3105); Fourmile Creek (40.2892, –124.1704); Randall Creek 111174. Outlet(s) = Middle Fork Eel (40.2561, –124.3578); Gitchell Creek (40.2092, –124.2668); Rattlesnake Creek River (Lat 39.8240, Long –123.0877) (40.0938, –124.1023); Horse Mountain (40.3250, –124.0981); Shipman Creek upstream to endpoint(s) in: Beaver Creek (40.0685, –124.0822); Kinsey (40.1250, –124.1384); Sholes Creek Creek (39.9352, –122.9943); Fossil Creek Creek (40.1717, –124.2310); Mattole (40.1603, –124.0619); South Branch (39.9447, –123.0403); Middle Fork Eel River (40.2942, –124.3536); McNutt River (40.0780, –123.0442); North Fork Gulch (40.3541, –124.3619); Oat Creek West Fork Bridge Creek (40.0326, Middle Fork Eel River (40.0727, (40.1785, –124.2445); Randall Creek –123.9853); South Fork Bear Creek –123.1364); Palm of Gileade Creek (40.2004, –124.2831); Shipman Creek (40.0176, –124.0016); Spanish Creek (40.0229, –123.0647); Pothole Creek (40.1175, –124.1449); Spanish Creek (40.1965, –124.2429); Squaw Creek (39.9347, –123.0440). (40.1835, –124.2569); Telegraph Creek (40.1934, –124.2002); Stanley Creek (6) Cape Mendocino Hydrologic Unit (40.0473, –124.0798); Whale Gulch (40.0273, –123.9166); Sulphur Creek 1112—(i) Oil Creek Hydrologic Sub-area (39.9623, –123.9785) upstream to (40.3647, –124.1586); Telegraph Creek 111210. Outlet(s) = Guthrie Creek (Lat endpoint(s) in: Anderson Creek (40.0439, –124.0640); Thompson Creek 40.5407, Long –124.3626); Oil Creek (40.0329, –123.9674); Baker Creek (39.9913, –123.9707); Unnamed (40.5195, –124.3767) upstream to (40.0143, –123.9048); Bear Creek Tributary (40.3475, –124.1606); endpoint(s) in: Guthrie Creek (40.5320, (40.1262, –124.0631); Bear Creek Unnamed Tributary (40.3522, –124.3128); Oil Creek (40.5061, (40.2819, –124.3336); Bear Trap Creek –124.1533); Unnamed Tributary –124.2875); Unnamed Tributary (40.2157, –124.1422); Big Creek (40.0891, –123.9839); Unnamed (40.4946, –124.3091); Unnamed (40.1742, –124.1924); Big Finley Creek Tributary (40.2223, –124.0172); Tributary (40.4982, –124.3549); (40.0910, –124.0179); Big Flat Creek Unnamed Tributary (40.1733, Unnamed Tributary (40.5141, (40.1444, –124.1636); Blue Slide Creek –123.9515); Unnamed Tributary –124.3573); Unnamed Tributary (40.1562, –123.9283); Box Canyon Creek (40.2899, –124.0955); Unnamed (40.4992, –124.3070). (40.1078, –123.9854); Bridge Creek Tributary (40.2853, –124.3227); (ii) Capetown Hydrologic Sub-area (40.0447, –124.0118); Buck Creek Unnamed Tributary (39.9969, 111220. Outlet(s) = Bear River (Lat (40.1166, –124.1142); Conklin Creek –123.9071); Upper East Fork Honeydew 40.4744, Long –124.3881); Davis Creek (40.3197, –124.2055); Cooskie Creek Creek (40.1759, –124.1182); Upper (40.3850, –124.3691); Singley Creek (40.2286, –124.2986); Devils Creek North Fork Mattole River (40.2907, (40.4311, –124.4034) upstream to (40.3432, –124.1365); Dry Creek –124.1115); Vanauken Creek (40.0674, endpoint(s) in: Antone Creek (40.4281, (40.2646, –124.0660); East Branch North –123.9422); West Fork Bridge Creek –124.2114); Bear River (40.3591, Fork Mattole River (40.3333, (40.0343, –123.9990); West Fork –124.0536); Beer Bottle Gulch (40.3949, –124.1490); East Fork Honeydew Creek Honeydew Creek (40.1870, –124.1614); –124.1410); Bonanza Gulch (40.4777, (40.1625, –124.0929); Eubank Creek Westlund Creek (40.2440, –124.0036); –124.2966); Brushy Creek (40.4102, (40.0997, –123.9661); Fire Creek Whale Gulch (39.9747, –123.9812); –124.1050); Davis Creek (40.3945, (40.1533, –123.9509); Fourmile Creek Woods Creek (40.2119, –124.1611); Yew –124.2912); Harmonica Creek (40.3775, (40.2604, –124.3079); Fourmile Creek Creek (40.0018, –123.9762). –124.0735); Hollister Creek (40.4109, (40.1767, –124.0759); French Creek (7) Mendocino Coast Hydrologic Unit –124.2891); Nelson Creek (40.3536, (40.1384, –124.0072); Gibson Creek 1113—(i) Usal Creek Hydrologic Sub- –124.1154); Peaked Creek (40.4123, (40.0304, –123.9279); Gilham Creek area 111311. Outlet(s) = Jackass Creek –124.1897); Pullen Creek (40.4057, (40.2078, –124.0085); Gitchell Creek (Lat 39.8806, Long –123.9155); Usal
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52552 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
Creek (39.8316, –123.8507) upstream to Patsy Creek (39.5714, –123.5669); Unnamed Tributary (39.4939, endpoint(s) in: Bear Creek (39.8898, Redwood Creek (39.5142, –123.5620); –123.7184); Unnamed Tributary –123.8344); Jackass Creek (39.8901, Seaside Creek (39.5612, –123.7501); (39.4158, –123.6428); Unnamed –123.8928); Julias Creek (39.8542, Smith Creek (39.5251, –123.6499); Tributary (39.4002, –123.7347); –123.7937); Little Bear Creek (39.8629, South Fork Bear Haven Creek (39.5688, Unnamed Tributary (39.3831, –123.8400); North Fork Jackass Creek –123.6527); South Fork Ten Mile River –123.6177); Unnamed Tributary (39.9095, –123.9101); North Fork Julias (39.5083, –123.5395); Ten Mile River (39.4926, –123.4764); Virgin Creek Creek (39.8581, –123.8045); Soldier (39.5721, –123.7098); Unnamed (39.4621, –123.7855); Unnamed Creek (39.8679, –123.8162); South Fork Tributary (39.5180, –123.5948); Tributary (39.4650, –123.7463). Usal Creek (39.8356, –123.7865); Unnamed Tributary (39.5146, (v) Big River Hydrologic Sub-area Unnamed Tributary (39.8890, –123.6183); Unnamed Tributary 111330. Outlet(s) = Big River (Lat –123.8480); Usal Creek (39.8957, (39.5898, –123.7657); Unnamed 39.3030, Long –123.7957); Casper Creek –123.8797); Waterfall Gulch (39.8787, Tributary (39.5813, –123.7526); (39.3617, –123.8169); Doyle Creek –123.8680). Unnamed Tributary (39.5936, (39.3603, –123.8187); Jack Peters Creek (ii) Wages Creek Hydrologic Sub-area –123.6034). (39.3193, –123.8006); Russian Gulch 111312. Outlet(s) = Cottaneva Creek (Lat (iv) Noyo River Hydrologic Sub-area (39.3288, –123.8050) upstream to 39.7360, Long –123.8293); DeHaven 111320. Outlet(s) = Digger Creek (Lat endpoint(s) in: Berry Gulch (39.3585, Creek (39.6592, –123.7863); Hardy 39.4088, Long –123.8164); Hare Creek –123.6930); Big River (39.3166, –123.3733); Casper Creek (39.3462, Creek (39.7107, –123.8082); Howard (39.4171, –123.8128); Jug Handle Creek Creek (39.6778, –123.7915); Juan Creek –123.7556); Chamberlain Creek (39.3767, –123.8176); Mill Creek (39.7028, –123.8042); Wages Creek (39.4007, –123.5317); Daugherty Creek (39.4894, –123.7967); Mitchell Creek (39.6513, –123.7851) upstream to (39.1700, –123.3699); Doyle Creek (39.3923, –123.8165); Noyo River endpoint(s) in: Cottaneva Creek (39.3517, –123.8007); East Branch Little (39.4274, –123.8096); Pudding Creek (39.7825, –123.8210); DeHaven Creek North Fork Big River (39.3372, (39.4588, –123.8089); Virgin Creek (39.6687, –123.7060); Dunn Creek –123.6410); East Branch North Fork Big (39.4714, –123.8045) upstream to (39.8103, –123.8320); Hardy Creek River (39.3354, –123.4652); Gates Creek endpoint(s) in: Bear Gulch (39.3881, (39.7221, –123.7822); Howard Creek (39.2083, –123.3944); Jack Peters Gulch –123.6614); Brandon Gulch (39.4191, (39.6808, –123.7463); Juan Creek (39.3225, –123.7850); James Creek –123.6645); Bunker Gulch (39.3969, (39.7107, –123.7472); Kimball Gulch (39.3922, –123.4747); Johnson Creek (39.7559, –123.7828); Little Juan Creek –123.7153); Burbeck Creek (39.4354, (39.1963, –123.3927); Johnson Creek (39.7003, –123.7609); Middle Fork –123.4235); Covington Gulch (39.4099, (39.2556, –123.4485); Laguna Creek Cottaneva Creek (39.7738, –123.8058); –123.7546); Dewarren Creek (39.4974, (39.2910, –123.6334); Little North Fork North Fork Cottaneva Creek (39.8011, –123.5535); Digger Creek (39.3932, Big River (39.3497, –123.6242); Marten –123.8047); North Fork Dehaven Creek –123.7820); Duffy Gulch (39.4469, Creek (39.3290, –123.4279); Mettick (39.6660, –123.7382); North Fork Wages –123.6023); Gulch Creek (39.4441, Creek (39.2591, –123.5193); Middle Creek (39.6457, –123.7066); Rider Gulch –123.4684); Gulch Seven (39.4523, Fork North Fork Casper Creek (39.3575, (39.6348, –123.7621); Rockport Creek –123.5183); Hare Creek (39.3781, –123.7170); North Fork Big River (39.7346, –123.8021); Slaughterhouse –123.6922); Hayworth Creek (39.4857, (39.3762, –123.4591); North Fork Casper Gulch (39.7594, –123.7914); South Fork –123.4769); Hayshed Creek (39.4200, Creek (39.3610, –123.7356); North Fork Cottaneva Creek (39.7447, –123.7773); –123.7391); Jug Handle Creek (39.3647, James Creek (39.3980, –123.4939); North South Fork Wages Creek (39.6297, –123.7523); Kass Creek (39.4262, Fork Ramone Creek (39.2760, –123.6862); Wages Creek (39.6297, –123.6807); Little North Fork (39.4532, –123.4846); Pig Pen Gulch (39.3226, –123.6862). –123.6636); Little Valley Creek (39.5026, –123.4609); Pruitt Creek (39.2592, (iii) Ten Mile River Hydrologic Sub- –123.7277); Marble Gulch (39.4423, –123.3812); Ramone Creek (39.2714, area 111313. Outlet(s) = Abalobadiah –123.5479); McMullen Creek (39.4383, –123.4415); Rice Creek (39.2809, Creek (Lat 39.5654, Long –123.7672); –123.4488); Middle Fork North Fork –123.3963); Russell Brook (39.2863, Chadbourne Gulch (39.6133, (39.4924, –123.5231); Mill Creek –123.4461); Russian Gulch (39.3237, –123.7822); Ten Mile River (39.5529, (39.4813, –123.7600); Mitchell Creek –123.7650); Snuffins Creek (39.1836, –123.7658); Seaside Creek (39.5592, (39.3813, –123.7734); North Fork –123.3854); Soda Creek (39.2230, –123.7655) upstream to endpoint(s) in: Hayworth Creek (39.4891, –123.5026); –123.4239); South Fork Big River Abalobadiah Creek (39.5878, North Fork Noyo River (39.4765, (39.2317, –123.3687); South Fork Casper –123.7503); Bald Hill Creek (39.6278, –123.5535); North Fork Noyo (39.4765, Creek (39.3493, –123.7216); Two Log –123.6461); Barlow Gulch (39.6046, –123.5535); North Fork South Fork Creek (39.3484, –123.5781); Unnamed –123.7384); Bear Pen Creek (39.5824, Noyo River (39.3971, –123.6108); Noyo Tributary (39.3897, –123.5556); –123.6402); Booth Gulch (39.5567, River (39.4242, –123.4356); Olds Creek Unnamed Tributary (39.3637, –123.5918); Buckhorn Creek (39.6093, (39.3964, –123.4448); Parlin Creek –123.5464); Unnamed Tributary –123.6980); Campbell Creek (39.5053, (39.3700, –123.6111); Pudding Creek (39.3776, –123.5274); Unnamed –123.6610); Cavanough Gulch (39.6107, (39.4591, –123.6516); Redwood Creek Tributary (39.4029, –123.5771); –123.6776); Chadbourne Gulch (39.4660, –123.4571); South Fork Hare Valentine Creek (39.2694, –123.3957); (39.6190, –123.7682); Clark Fork Creek (39.3785, –123.7384); South Fork Water Gulch (39.3607, –123.5891). (39.5280, –123.5134); Curchman Creek Noyo River (39.3620, –123.6188); (vi) Albion River Hydrologic Sub-area (39.4789, –123.6398); Gulch 11 Unnamed Tributary (39.4113, 111340. Outlet(s) = Albion River (Lat (39.4687, –123.5816); Gulch 19 –123.5621); Unnamed Tributary 39.2253, Long –123.7679); Big Salmon (39.5939, –123.5781); Little Bear Haven (39.3918, –123.6425); Unnamed Creek (39.2150, –123.7660); Buckhorn Creek (39.5655, –123.6147); Little North Tributary (39.4168, –123.4578); Creek (39.2593, –123.7839); Dark Gulch Fork (39.6264, –123.7350); Mill Creek Unnamed Tributary (39.4656, (39.2397, –123.7740); Little Salmon (39.5392, –123.7068); North Fork Ten –123.7467); Unnamed Tributary Creek (39.2150, –123.7660); Little River Mile River (39.5870, –123.5480); (39.4931, –123.7371); Unnamed (39.2734, –123.7914) upstream to O’Conner Gulch (39.6042, –123.6632); Tributary (39.4922, –123.7381); endpoint(s) in: Albion River (39.2613,
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52553
–123.5766); Big Salmon Creek (39.2070, –123.5361); North Fork Indian Creek (xiii) North Fork Gualala River –123.6514); Buckhorn Creek (39.2513, (39.1213, –123.3345); North Fork Hydrologic Sub-area 111381. Outlet(s) = –123.7595); Dark Gulch (39.2379, Navarro River (39.1708, –123.5606); North Fork Gualala River (Lat 38.7784, –123.7592); Duck Pond Gulch (39.2456, Parkinson Gulch (39.0768, –123.4070); Long –123.4992) upstream to –123.6960); East Railroad Gulch Perry Gulch (39.1342, –123.5707); endpoint(s) in: Bear Creek (38.8347, (39.2604, –123.6381); Hazel Gulch Rancheria Creek (38.8626, –123.2417); –123.3842); Billings Creek (38.8652, (39.2141, –123.6418); Kaison Gulch Ray Gulch (39.1792, –123.6494); –123.3496); Doty Creek (38.8495, (39.2733, –123.6803); Little North Fork Robinson Creek (38.9845, –123.3513); –123.5131); Dry Creek (38.8416, South Fork Albion River (39.2350, Rose Creek (39.1358, –123.3672); –123.4455); Little North Fork Gualala –123.6431); Little River (39.2683, Shingle Mill Creek (39.1671, River (38.8295, –123.5570); McGann –123.7190); Little Salmon Creek –123.4223); Soda Creek (39.0238, Gulch (38.8026, –123.4458); North Fork (39.2168, –123.7515); Marsh Creek –123.3149); Soda Creek (39.1531, Gualala River (38.8479, –123.4113); (39.2325, –123.5596); Nordon Gulch –123.3734); South Branch (39.1409, Robinson Creek (38.8416, –123.3725); (39.2489, –123.6503); North Fork Albion –123.3196); Spooner Creek (39.2221, Robinson Creek (38.8386, –123.4991); River (39.2854, –123.5752); Pleasant –123.4811); Tramway Gulch (39.1481, Stewart Creek (38.8109, –123.4157); Valley Gulch (39.2379, –123.6965); –123.5958); Yale Creek (38.8882, Unnamed Tributary (38.8487, Railroad Gulch (39.2182, –123.6932); –123.2785). –123.3820). Soda Springs Creek (39.2943, (viii) Greenwood Creek Hydrologic (xiv) Rockpile Creek Hydrologic Sub- –123.5944); South Fork Albion River Sub-area 111361. Outlet(s) = area 111382. Outlet(s) = Rockpile Creek (39.2474, –123.6107); Tom Bell Creek Greenwood Creek (Lat 39.1262, Long (Lat 38.7507, Long –123.4706) upstream (39.2805, –123.6519); Unnamed –123.7181) upstream to endpoint(s) in: to endpoint(s) in: Rockpile Creek Tributary (39.2279, –123.6972); Greenwood Creek (39.0894, –123.5924). (38.7966, –123.3872). Unnamed Tributary (39.2194, (ix) Elk Creek Hydrologic Sub-area (xv) Buckeye Creek Hydrologic Sub- area 111383. Outlet(s) = Buckeye Creek –123.7100); Unnamed Tributary 111362. Outlet(s) = Elk Creek (Lat (Lat 38.7403, Long –123.4580) upstream (39.2744, –123.5889); Unnamed 39.1024, Long –123.7080) upstream to to endpoint(s) in: Buckeye Creek Tributary (39.2254, –123.6733). endpoint(s) in: Elk Creek (39.0657, (38.7400, –123.2697); Flat Ridge Creek –123.6245). (vii) Navarro River Hydrologic Sub- (38.7616, –123.2400); Franchini Creek (x) Alder Creek Hydrologic Sub-area area 111350. Outlet(s) = Navarro River (38.7500, –123.3708); North Fork (Lat 39.1921, Long –123.7611) upstream 111363. Outlet(s) = Alder Creek (Lat Buckeye (38.7991, –123.3166). to endpoint(s) in: Alder Creek (38.9830, 39.0044, Long –123.6969); Mallo Pass (xvi) Wheatfield Fork Hydrologic Sub- –123.3946); Anderson Creek (38.9644, Creek (39.0341, –123.6896) upstream to area 111384. Outlet(s) = Wheatfield –123.2907); Bailey Creek (39.1733, endpoint(s) in: Alder Creek (38.9961, Fork Gualala River (Lat 38.7018, Long –123.4804); Barton Gulch (39.1804, –123.6471); Mallo Pass Creek (39.0287, –123.4168) upstream to endpoint(s) in: –123.6783); Bear Creek (39.1425, –123.6373). Danfield Creek (38.6369, –123.1431); –123.4326); Bear Wallow Creek (xi) Brush Creek Hydrologic Sub-area Fuller Creek (38.7109, –123.3256); (39.0053, –123.4075); Beasley Creek 111364. Outlet(s) = Brush Creek (Lat Haupt Creek (38.6220, –123.2551); (38.9366, –123.3265); Bottom Creek 38.9760, Long –123.7120) upstream to House Creek (38.6545, –123.1184); (39.2117, –123.4607); Camp 16 Gulch endpoint(s) in: Brush Creek (38.9730, North Fork Fuller Creek (38.7252, (39.1937, –123.6095); Camp Creek –123.5563); Mill Creek (38.9678, –123.2968); Pepperwood Creek (38.9310, –123.3527); Cold Spring Creek –123.6515); Unnamed Tributary (38.6205, –123.1665); South Fork Fuller (39.0376, –123.5027); Con Creek (38.9724, –123.6571). Creek (38.6973, –123.2860); Tombs (39.0374, –123.3816); Cook Creek (xii) Garcia River Hydrologic Sub-area Creek (38.6989, –123.1616); Unnamed (39.1879, –123.5109); Cune Creek 111370. Outlet(s) = Garcia River (Lat Tributary (38.7175, –123.2744); (39.1622, –123.6014); Dago Creek 38.9550, Long –123.7338); Point Arena Wheatfield Fork Gualala River (38.7497, (39.0731, –123.5068); Dead Horse Gulch Creek (38.9141, –123.7103); Schooner –123.2215). (39.1576, –123.6124); Dutch Henry Gulch (38.8667, –123.6550) upstream to (xvii) Gualala Hydrologic Sub-area Creek (39.2112, –123.5794); Floodgate endpoint(s) in: Blue Water Hole Creek 111385. Outlet(s) = Fort Ross Creek (Lat Creek (39.1291, –123.5365); Fluem (38.9378, –123.5023); Flemming Creek 38.5119, Long –123.2436); Gualala River Gulch (39.1615, –123.6695); Flynn (38.8384, –123.5361); Garcia River (38.7687, –123.5334); Kolmer Gulch Creek (39.2099, –123.6032); German (38.8965, –123.3681); Hathaway Creek (38.5238, –123.2646) upstream to Creek (38.9452, –123.4269); Gut Creek (38.9287, –123.7011); Inman Creek endpoint(s) in: Big Pepperwood Creek (39.0803, –123.3312); Ham Canyon (38.8804, –123.4370); Larmour Creek (38.7951, –123.4638); Carson Creek (39.0164, –123.4265); Horse Creek (38.9419, –123.4469); Mill Creek (38.5653, –123.1906); Fort Ross Creek (39.0144, –123.4960); Hungry Hollow (38.9078, –123.3143); North Fork Garcia (38.5174, –123.2363); Groshong Gulch Creek (39.1327, –123.4488); Indian River (38.9233, –123.5339); North Fork (38.7814, –123.4904); Gualala River Creek (39.0708, –123.3301); Jimmy Schooner Gulch (38.8758, –123.6281); (38.7780, –123.4991); Kolmer Gulch Creek (39.0117, –123.2888); John Smith Pardaloe Creek (38.8895, –123.3423); (38.5369, –123.2247); Little Pepperwood Creek (39.2275, –123.5366); Little North Point Arena Creek (38.9069, –123.6838); (38.7738, –123.4427); Marshall Creek Fork Navarro River (39.1941, Redwood Creek (38.9241, –123.3343); (38.5647, –123.2058); McKenzie Creek –123.4553); Low Gap Creek (39.1590, Rolling Brook (38.8965, –123.5716); (38.5895, –123.1730); Palmer Canyon –123.3783); Navarro River (39.0537, Schooner Gulch (38.8677, –123.6198); Creek (38.6002, –123.2167); South Fork –123.4409); Marsh Gulch (39.1692, South Fork Garcia River (38.8450, Gualala River (38.5646, –123.1689); –123.7049); McCarvey Creek (39.1589, –123.5420); Stansburry Creek (38.9422, Sproule Creek (38.6122, –123.2739); –123.4048); Mill Creek (39.1270, –123.4720); Signal Creek (38.8639, Turner Canyon (38.5294, –123.1672); –123.4315); Minnie Creek (38.9751, –123.4414); Unnamed Tributary Unknown Tributary (38.5634, –123.4529); Murray Gulch (39.1755, (38.8758, –123.5692); Unnamed –123.2003). –123.6966); Mustard Gulch (39.1673, Tributary (38.8818, –123.5723); (xviii) Russian Gulch Hydrologic Sub- –123.6393); North Branch (39.2069, Whitlow Creek (38.9141, –123.4624). area 111390. Outlet(s) = Russian Gulch
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52554 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
Creek (Lat 38.4669, Long –123.1569) Branch Russian Gulch Creek (38.4968, (8) Maps of critical habitat for the upstream to endpoint(s) in: Russian –123.1631). Northern California Steelhead ESU Gulch Creek (38.4956, –123.1535); West follow: BILLING CODE 3510–22–P
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52555
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.008 52556 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.009 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52557
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00071 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.010 52558 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.011 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52559
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00073 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.012 52560 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00074 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.013 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52561
BILLING CODE 3510–22–C
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00075 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.014 52562 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(h) Central California Coast Steelhead (iv) Warm Springs Hydrologic Sub- endpoint(s) in: Pieta Creek (38.8622, (O. mykiss). Critical habitat is area 111424. Outlet(s) = Dry Creek (Lat –122.9329). designated to include the areas defined 38.5862, Long –122.8577) upstream to (viii) Forsythe Creek Hydrologic Sub- in the following CALWATER endpoint(s) in: Angel Creek (38.6101, area 111433. Outlet(s) = West Branch Hydrologic Units: –122.9833); Crane Creek (38.6434, Russian River (Lat 39.2257, Long (1) Russian River Hydrologic Unit –122.9451); Dry Creek (38.7181, –123.2012) upstream to endpoint(s) in: 1114—(i) Guerneville Hydrologic Sub- –123.0091); Dutcher Creek (38.7223, Bakers Creek (39.2859, –123.2432); area 111411. Outlet(s) = Russian River –122.9770); Felta Creek (38.5679, Eldridge Creek (39.2250, –123.3309); (Lat 38.4507, Long –123.1289) upstream –122.9379); Foss Creek (38.6244, Forsythe Creek (39.2976, –123.2963); to endpoint(s) in: Atascadero Creek –122.8754); Grape Creek (38.6593, Jack Smith Creek (39.2754, –123.3421); (38.3473, –122.8626); Austin Creek –122.9707); Mill Creek (38.5976, Mariposa Creek (39.3472, –123.2625); (38.5098, –123.0680); Baumert Springs –122.9914); North Slough Creek Mill Creek (39.2969, –123.3360); Salt (38.4195, –122.9658); Dutch Bill Creek (38.6392, –122.8888); Palmer Creek Hollow Creek (39.2585, –123.1881); (38.4132, –122.9508); Duvoul Creek (38.5770, –122.9904); Pena Creek Seward Creek (39.2606, –123.2646); (38.4527, –122.9525); Fife Creek (38.6384, –123.0743); Redwood Log West Branch Russian River (39.3642, (38.5584, –122.9922); Freezeout Creek Creek (38.6705, –123.0725); Salt Creek –123.2334). (38.4405, –123.0360); Green Valley (38.5543, –122.9133); Wallace Creek (2) Bodega Hydrologic Unit 1115—(i) Creek, (38.4445, –122.9185); Grub Creek (38.6260, –122.9651); Wine Creek Salmon Creek Hydrologic Sub-area (38.4411, –122.9636); Hobson Creek (38.6662, –122.9682); Woods Creek 111510. Outlet(s) = Salmon Creek (Lat (38.5334, –122.9401); Hulbert Creek (38.6069, –123.0272). 38.3554, Long –123.0675) upstream to (38.5548, –123.0362); Jenner Gulch (v) Geyserville Hydrologic Sub-area endpoint(s) in: Coleman Valley Creek (38.4869, –123.0996); Kidd Creek 111425. Outlet(s) = Russian River (Lat (38.3956, –123.0097); Faye Creek (38.5029, –123.0935); Lancel Creek 38.6132, Long –122.8321) upstream to (38.3749, –123.0000); Finley Creek (38.4247, –122.9322); Mark West Creek endpoint(s) in: Ash Creek (38.8556, (38.3707, –123.0258); Salmon Creek (38.4961, –122.8489); Mays Canyon –123.0082); Bear Creek (38.7253, (38.3877, –122.9318); Tannery Creek (38.4800, –122.9715); North Fork Lancel –122.7038); Bidwell Creek (38.6229, (38.3660, –122.9808). Creek (38.4447, –122.9444); Pocket –122.6320); Big Sulphur Creek (38.8279, (ii) Estero Americano Hydrologic Sub- Canyon (38.4650, –122.9267); Porter –122.9914); Bluegum Creek (38.6988, area 111530. Outlet(s) = Estero Creek (38.5435, –122.9332); Purrington –122.7596); Briggs Creek (38.6845, Americano (Lat 38.2939, Long Creek (38.4083, –122.9307); Sheep –122.6811); Coon Creek (38.7105, –123.0011) upstream to endpoint(s) in: House Creek (38.4820, –123.0921); –122.6957); Crocker Creek (38.7771, Estero Americano (38.3117, –122.9748); Smith Creek (38.4622, –122.9585); –122.9595); Edwards Creek (38.8592, Ebabias Creek (38.3345, –122.9759). Unnamed Tributary (38.4560, –123.0758); Foote Creek (38.6433, (3) Marin Coastal Hydrologic Unit –123.0246); Unnamed Tributary –122.6797); Foss Creek (38.6373, 2201—(i) Walker Creek Hydrologic Sub- (38.3976, –122.8994); Unnamed –122.8753); Franz Creek (38.5726, area 220112. Outlet(s) = Walker Creek Tributary (38.3772, –122.8938); Willow –122.6343); Gill Creek (38.7552, (Lat 38.2213, Long –122.9228); Creek (38.4249, –123.0022). –122.8840); Gird Creek (38.7055, Millerton Gulch (38.1055, –122.8416) (ii) Austin Creek Hydrologic Sub-area –122.8311); Ingalls Creek (38.7344, upstream to endpoint(s) in: Chileno 111412. Outlet(s) = Austin Creek (Lat –122.7192); Kellog Creek (38.6753, Creek (38.2145, –122.8579); Frink 38.5098, Long –123.0680) upstream to –122.6422); Little Briggs Creek (38.7082, Canyon (38.1761, –122.8405); Millerton endpoint(s) in: Austin Creek (38.6262, –122.7014); Maacama Creek (38.6743, Gulch (38.1376, –122.8052); Verde –123.1347); Bear Pen Creek (38.5939, –122.7431); McDonnell Creek (38.7354, Canyon (38.1630, –122.8116); Unnamed –123.1644); Big Oat Creek (38.5615, –122.7338); Mill Creek (38.7009, Tributary (38.1224, –122.8095); Walker –123.1299); Black Rock Creek (38.5586, –122.6490); Miller Creek (38.7211, Creek (38.1617, –122.7815). –123.0730); Blue Jay Creek (38.5618, –122.8608); Oat Valley Creek (38.8461, (ii) Lagunitas Creek Hydrologic Sub- –123.1399); Conshea Creek (38.5830, –123.0712); Redwood Creek (38.6342, area 220113. Outlet(s) = Lagunitas Creek –123.0824); Devil Creek (38.6163, –122.6720); Sausal Creek (38.6924, (Lat 38.0827, Long –122.8274) upstream –123.0425); East Austin Creek (38.6349, –122.7930); South Fork Gill Creek to endpoint(s) in: Cheda Creek (38.0483, –123.1238); Gilliam Creek (38.5803, (38.7420, –122.8760); Unnamed –122.7329); Devil’s Gulch (38.0393, –123.0152); Gray Creek (38.6132, Tributary (38.7329, –122.8601); –122.7128); Giacomini Creek (38.0075, –123.0107); Thompson Creek (38.5747, Yellowjacket Creek (38.6666, –122.7386); Horse Camp Gulch –123.0300); Pole Mountain Creek –122.6308). (38.0078, –122.7624); Lagunitas Creek (38.5122, –123.1168); Red Slide Creek (vi) Sulphur Creek Hydrologic Sub- (37.9974, –122.7045); Olema Creek (38.6039, –123.1141); Saint Elmo Creek area 111426. Outlet(s) = Big Sulphur (37.9719, –122.7125); Quarry Gulch (38.5130, –123.1125); Schoolhouse Creek (Lat 38.8279, Long –122.9914) (38.0345, –122.7639); San Geronimo Creek (38.5595, –123.0175); Spring upstream to endpoint(s) in: Alder Creek Creek (38.0131, –122.6499); Unnamed Creek (38.5041, –123.1364); Sulphur (38.8503, –122.8953); Anna Belcher Tributary (37.9893, –122.7328); Creek (38.6187, –123.0553); Ward Creek Creek (38.7537, –122.7586); Big Sulphur Unnamed Tributary (37.9976, (38.5720, –123.1547). Creek (38.8243, –122.8774); Frasier –122.7553). (iii) Mark West Hydrologic Sub-area Creek (38.8439, –122.9341); Humming (iii) Point Reyes Hydrologic Sub-area 111423. Outlet(s) = Mark West Creek Bird Creek (38.8460, –122.8596); Little 220120. Outlet(s) = Creamery Bay Creek (Lat 38.4962, Long –122.8492) upstream Sulphur Creek (38.7469, –122.7425); (Lat 38.0779, Long –122.9572); East to endpoint(s) in: Humbug Creek Lovers Gulch (38.7396, –122.8275); Schooner Creek (38.0913, –122.9293); (38.5412, –122.6249); Laguna de Santa North Branch Little Sulphur Creek Home Ranch (38.0705, –122.9119); Rosa (38.4526, –122.8347); Mark West (38.7783, –122.8119); Squaw Creek Laguna Creek (38.0235, –122.8732); Creek (38.5187, –122.5995); Pool Creek (38.8199, –122.7945). Muddy Hollow Creek (38.0329, (38.5486, –122.7641); Pruit Creek (vii) Ukiah Hydrologic Sub-area –122.8842) upstream to endpoint(s) in: (38.5313, –122.7615); Windsor Creek 111431. Outlet(s) = Russian River (Lat Creamery Bay Creek (38.0809, (38.5484, –122.8101). 38.8828, Long –123.0557) upstream to –122.9561); East Schooner Creek
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00076 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52563
(38.0928, –122.9159); Home Ranch upstream to endpoint(s) in: Bradley –122.5953); San Antonio Creek Creek (38.0784, –122.9038); Laguna Creek (37.2819, –122.3802); Butano (38.2049, –122.7408); Unnamed Creek (38.0436, –122.8559); Muddy Creek (37.2419, –122.3165); Evans Creek Tributary (38.3105, –122.6146); Willow Hollow Creek (38.0549, –122.8666). (37.2659, –122.2163); Honsinger Creek Brook (38.3165, –122.6113). (iv) Bolinas Hydrologic Sub-area (37.2828, –122.3316); Little Boulder (ii) Sonoma Creek Hydrologic Sub- 220130. Outlet(s) = Easkoot Creek (Lat Creek (37.2145, –122.1964); Little area 220640. Outlet(s) = Sonoma Creek 37.9026, Long –122.6474); McKinnon Butano Creek (37.2040, –122.3492); Oil (Lat 38.1525, Long –122.4050) upstream Gulch (37.9126, –122.6639); Morse Creek (37.2572, –122.1325); Pescadero to endpoint(s) in: Agua Caliente Creek Gulch (37.9189, –122.6710); Pine Gulch Creek (37.2320, –122.1553); Lambert (38.3368, –122.4518); Asbury Creek Creek (37.9218, –122.6882); Redwood Creek (37.3014, –122.1789); Peters Creek (38.3401, –122.5590); Bear Creek Creek (37.8595, –122.5787); Stinson (37.2883, –122.1694); Pomponio Creek (38.4656, –122.5253); Calabazas Creek Gulch (37.9068, –122.6517); Wilkins (37.3030, –122.3805); Slate Creek (38.4033, –122.4803); Carriger Creek Creek (37.9343, –122.6967) upstream to (37.2530, –122.1935); Tarwater Creek (38.3031, –122.5336); Graham Creek endpoint(s) in: Easkoot Creek (37.8987, (37.2731, –122.2387); Waterman Creek (38.3474, –122.5607); Hooker Creek –122.6370); Kent Canyon (37.8866, (37.2455, –122.1568). (38.3809, –122.4562); Mill Creek –122.5800); McKinnon Gulch (37.9197, (5) Bay Bridge Hydrologic UnitT (38.3395, –122.5454); Nathanson Creek –122.6564); Morse Gulch (37.9240, 2203—(i) San Rafael Hydrologic Sub- (38.3350, –122.4290); Rodgers Creek –122.6618); Pine Gulch Creek (37.9557, area 220320. Outlet(s) = Arroyo Corte (38.2924, –122.5543); Schell Creek –122.7197); Redwood Creek (37.9006, Madera del Presidio (Lat 37.8917, Long (38.2554, –122.4510); Sonoma Creek –122.5787); Stinson Gulch (37.9141, –122.5254); Corte Madera Creek (38.4507, –122.4819); Stuart Creek –122.6426); Wilkins Creek (37.9450, (37.9425, –122.5059) upstream to (38.3936, –122.4708); Yulupa Creek –122.6910). endpoint(s) in: Arroyo Corte Madera del (38.3986, –122.5934). (4) San Mateo Hydrologic Unit 2202— Presidio (37.9298, –122.5723); Cascade (iii) Napa River Hydrologic Sub-area (i) San Mateo Coastal Hydrologic Sub- Creek (37.9867, –122.6287); Cascade 220650. Outlet(s) = Napa River (Lat area 220221. Outlet(s) = Denniston Creek (37.9157, –122.5655); Larkspur 38.0786, Long –122.2468) upstream to Creek (37.5033, –122.4869); Frenchmans Creek (37.9305, –122.5514); Old Mill endpoint(s) in: Bale Slough (38.4806, Creek (37.4804, –122.4518); San Pedro Creek (37.9176, –122.5746); Ross Creek –122.4578); Bear Canyon Creek Creek (37.5964, –122.5057) upstream to (37.9558, –122.5752); San Anselmo (38.4512, –122.4415); Bell Canyon Creek endpoint(s) in: Denniston Creek Creek (37.9825, –122.6420); Sleepy (38.5551, –122.4827); Brown’s Valley (37.5184, –122.4896); Frenchmans Creek Hollow Creek (38.0074, –122.5794); Creek (38.3251, –122.3686); Canon (37.5170, –122.4332); Middle Fork San Tamalpais Creek (37.9481, –122.5674). Creek (38.5368, –122.4854); Carneros Pedro Creek (37.5758, –122.4591); North (ii) [Reserved] Creek (38.3108, –122.3914); Conn Creek Fork San Pedro Creek (37.5996, (6) Santa Clara Hydrologic Unit (38.4843, –122.3824); Cyrus Creek –122.4635). 2205—(i) Coyote Creek Hydrologic Sub- (38.5776, –122.6032); Diamond (ii) Half Moon Bay Hydrologic Sub- area 220530. Outlet(s) = Coyote Creek Mountain Creek (38.5645, –122.5903); area 220222. Outlet(s) = Pilarcitos Creek (Lat 37.4629, Long –121.9894; 37.2275, Dry Creek (38.4334, –122.4791); Dutch (Lat 37.4758, Long –122.4493) upstream –121.7514) upstream to endpoint(s) in: Henery Creek (38.6080, –122.5253); to endpoint(s) in: Apanolio Creek Arroyo Aguague (37.3907, –121.7836); Garnett Creek (38.6236, –122.5860); (37.5202, –122.4158); Arroyo Leon Coyote Creek (37.2778, –121.8033; Huichica Creek (38.2811, –122.3936); Creek (37.4560, –122.3442); Mills Creek 37.1677, –121.6301); Upper Penitencia Jericho Canyon Creek (38.6219, (37.4629, –122.3721); Pilarcitos Creek Creek (37.3969, –121.7577). –122.5933); Miliken Creek (38.3773, (37.5259, –122.3980); Unnamed (ii) Guadalupe River—San Jose –122.2280); Mill Creek (38.5299, Tributary (37.4705, –122.3616). Hydrologic Sub-area 220540. Outlet(s) = –122.5513); Murphy Creek (38.3155, (iii) Tunitas Creek Hydrologic Sub- Coyote Creek (Lat 37.2778, Long –122.2111); Napa Creek (38.3047, area 220223. Outlet(s) = Lobitos Creek –121.8033) upstream to endpoint(s) in: –122.3134); Napa River (38.6638, (Lat 37.3762, Long –122.4093); Tunitas Coyote Creek (37.2275, –121.7514). –122.6201); Pickle Canyon Creek Creek (37.3567, –122.3999) upstream to (iii) Palo Alto Hydrologic Sub-area (38.3672, –122.4071); Rector Creek endpoint(s) in: East Fork Tunitas Creek 220550. Outlet(s) = Guadalupe River (38.4410, –122.3451); Redwood Creek (37.3981, –122.3404); Lobitos Creek (Lat 37.4614, Long –122.0240); San (38.3765, –122.4466); Ritchie Creek (37.4246, –122.3586); Tunitas Creek Francisquito Creek (37.4658, (38.5369, –122.5652); Sarco Creek (37.4086, –122.3502). –122.1152); Stevens Creek (37.4456, (38.3567, –122.2071); Soda Creek (iv) San Gregorio Creek Hydrologic –122.0641) upstream to endpoint(s) in: (38.4156, –122.2953); Spencer Creek Sub-area 220230. Outlet(s) = San Bear Creek (37.4164, –122.2690); Corte (38.2729, –122.1909); Sulphur Creek Gregorio Creek (Lat 37.3215, Long Madera Creek (37.4073, –122.2378); (38.4895, –122.5088); Suscol Creek –122.4030) upstream to endpoint(s) in: Guadalupe River (37.3499, –.121.9094); (38.2522, –122.2157); Tulucay Creek Alpine Creek (37.3062, –122.2003); Los Trancos (37.3293, –122.1786); (38.2929, –122.2389); Unnamed Bogess Creek (37.3740, –122.3010); El McGarvey Gulch (37.4416, –122.2955); Tributary (38.4248, –122.4935); Corte Madera Creek (37.3650, Squealer Gulch (37.4335, –122.2880); Unnamed Tributary (38.4839, –122.3307); Harrington Creek (37.3811, Stevens Creek (37.2990, –122.0778); –122.5161); York Creek (38.5128, –122.2936); La Honda Creek (37.3680, West Union Creek (37.4528, –122.3020). –122.5023). –122.2655); Langley Creek (37.3302, (7) San Pablo Hydrologic Unit 2206— (8) Big Basin Hydrologic Unit 3304— –122.2420); Mindego Creek (37.3204, (i) Petaluma River Hydrologic Sub-area (i) Davenport Hydrologic Sub-area –122.2239); San Gregorio Creek 220630. Outlet(s) = Petaluma River (Lat 330411. Outlet(s) = Baldwin Creek (Lat (37.3099, –122.2779); Woodruff Creek 38.1111, Long –122.4944) upstream to 36.9669, –122.1232); Davenport Landing (37.3415, –122.2495). endpoint(s) in: Adobe Creek (38.2940, Creek (37.0231, –122.2153); Laguna (v) Pescadero Creek Hydrologic Sub- –122.5834); Lichau Creek (38.2848, Creek (36.9824, –122.1560); Liddell area 220240. Outlet(s) = Pescadero –122.6654); Lynch Creek (38.2748, Creek (37.0001, –122.1816); Majors Creek (Lat 37.2669, Long –122.4122); –122.6194); Petaluma River (38.3010, Creek (36.9762, –122.1423); Molino Pomponio Creek (37.2979, –122.4061) –122.7149); Schultz Slough (38.1892, Creek (37.0368, –122.2292); San Vicente
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00077 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52564 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
Creek (37.0093, –122.1940); Scott Creek (Lat 36.9676, Long –122.0028); San (iii) Aptos-Soquel Hydrologic Sub- (37.0404, –122.2307); Waddell Creek Lorenzo River (36.9641, –122.0125) area 330413. Outlet(s) = Aptos Creek (37.0935, –122.2762); Wilder Creek upstream to endpoint(s) in: Arana Gulch (Lat 36.9692, Long –121.9065); Soquel (36.9535, –122.0775) upstream to Creek (37.0270, –121.9739); Bean Creek Creek (36.9720, –121.9526) upstream to endpoint(s) in: Baldwin Creek (37.0126, (37.0956, –122.0022); Bear Creek endpoint(s) in: Amaya Creek (37.0930, –122.1006); Bettencourt Creek (37.1081, (37.1711, –122.0750); Boulder Creek –121.9297); Aptos Creek (37.0545, –122.2386); Big Creek (37.0832, (37.1952, –122.1892); Bracken Brae –121.8568); Bates Creek (37.0099, –122.2175); Davenport Landing Creek Creek (37.1441, –122.1459); Branciforte –121.9353); Bridge Creek (37.0464, (37.0475, –122.1920); East Branch Creek (37.0701, –121.9749); Crystal –121.8969); East Branch Soquel Creek Waddell Creek (37.1482, –122.2531); Creek (37.0333, –121.9825); Carbonera (37.0690, –121.8297); Hester Creek East Fork Liddell Creek (37.0204, Creek (37.0286, –122.0202); Central (37.0967, –121.9458); Hinckley Creek –122.1521); Henry Creek (37.1695, Branch Arana Gulch Creek (37.0170, (37.0671, –121.9069); Moores Gulch –122.2751); Laguna Creek (37.0185, –121.9874); Deer Creek (37.2215, (37.0573, –121.9579); Valencia Creek –122.1287); Little Creek (37.0688, –122.0799); Fall Creek (37.0705, (37.0323, –121.8493); West Branch –122.2097); Majors Creek (36.9815, –122.1063); Gold Gulch Creek (37.0427, Soquel Creek (37.1095, –121.9606). –122.1374); Middle Fork East Fork –122.1018); Granite Creek (37.0490, (iv) Ano Nuevo Hydrologic Sub-area Liddell Creek (37.0194, –122.1608); Mill 330420. Outlet(s) = Ano Nuevo Creek Creek (37.1034, –122.2218); Mill Creek –121.9979); Hare Creek (37.1544, (Lat 37.1163, Long –122.3060); Gazos (37.0235, –122.2218); Molino Creek –122.1690); Jameson Creek (37.1485, Creek (37.1646, –122.3625); Whitehouse (37.0384, –122.2125); Peasley Gulch –122.1904); Kings Creek (37.2262, Creek (37.1457, –122.3469) upstream to (36.9824, –122.0861); Queseria Creek –122.1059); Lompico Creek (37.1250, endpoint(s) in: Ano Nuevo Creek (37.0521, –122.2042); San Vicente Creek –122.0496); Mackenzie Creek (37.0866, (37.1269, –122.3039); Bear Gulch (37.0417, –122.1741); Scott Creek –122.0176); Mountain Charlie Creek (37.1965, –122.2773); Gazos Creek (37.1338, –122.2306); West Branch (37.1385, –121.9914); Newell Creek Waddell Creek (37.1697, –122.2642); (37.1019, –122.0724); San Lorenzo River (37.2088, –122.2868); Old Womans West Fork Liddell Creek (37.0117, (37.2276, –122.1384); Two Bar Creek Creek (37.1829, –122.3033); Whitehouse –122.1763); Unnamed Tributary (37.1833, –122.0929); Unnamed Creek (37.1775, –122.2900). (37.0103, –122.0701); Wilder Creek Tributary (37.2106, –122.0952); (9) Maps of critical habitat for the (37.0107, –122.0770). Unnamed Tributary (37.2032, Central California Coast Steelhead ESU (ii) San Lorenzo Hydrologic Sub-area –122.0699); Zayante Creek (37.1062, follow: 330412. Outlet(s) = Arana Gulch Creek –122.0224). BILLING CODE 3510–22–P
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00078 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52565
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00079 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.015 52566 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00080 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.016 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52567
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00081 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.017 52568 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00082 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.018 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52569
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00083 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.019 52570 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00084 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.020 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52571
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00085 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.021 52572 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
BILLING CODE 3510–22–C
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00086 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.022 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52573
(i) South-Central California Coast (36.7202, –121.4187); San Benito River Redwood Creek (36.2825, –121.6745); Steelhead (O. mykiss). Critical habitat is (36.3324, –120.6316); Sawmill Creek Rocky Creek (36.3805, –121.8440); San designated to include the areas defined (36.3593, –120.6284). Jose Creek (36.4662, –121.8118); South in the following CALWATER (2) Carmel River Hydrologic Unit Fork Little Sur River (36.3026, Hydrologic Units: 3307—(i) Carmel River Hydrologic Sub- –121.8093); Vicente Creek (36.0463, (1) Pajaro River Hydrologic Unit area 330700. Outlet(s) = Carmel River –121.5780); Villa Creek (35.8525, 3305—(i) Watsonville Hydrologic Sub- (Lat 36.5362, Long –121.9285) upstream –121.3973); Wildcat Canyon Creek area 330510. Outlet(s) = Pajaro River to endpoint(s) in: Aqua Mojo Creek (36.4124, –121.8680); Williams Canyon (Lat 36.8506, Long –121.8101) upstream (36.4711, –121.5407); Big Creek Creek (36.4466, –121.8526); Willow to endpoint(s) in: Banks Canyon Creek (36.3935, –121.5419); Blue Creek Creek (35.9050, –121.3851). (36.9958, –121.7264); Browns Creek (36.2796, –121.6530); Boronda Creek (ii) [Reserved] (37.0255, –121.7754); Casserly Creek (36.3542, –121.6091); Bruce Fork (4) Salinas River Hydrologic Unit (36.9902, –121.7359); Corralitos Creek (36.3221, –121.6385); Cachagua Creek 3309–(i) Neponset Hydrologic Sub-area (37.0666, –121.8359); Gaffey Creek (36.3909 , –121.5950); Carmel River 330911. Outlet(s) = Salinas River (Lat (36.9905, –121.7132); Gamecock Canyon (36.2837, –121.6203); Danish Creek 36.7498, Long –121.8055); upstream to (37.0362, –121.7587); Green Valley (36.3730, –121.7590); Hitchcock Canyon endpoint(s) in: Gabilan Creek (36.6923, Creek (37.0073, –121.7256); Ramsey Creek (36.4470, –121.7597); James Creek –121.6300); Old Salinas River (36.7728, Gulch (37.0447, –121.7755); Redwood (36.3235, –121.5804); Las Garzas Creek –121.7884); Tembladero Slough Canyon (37.0342, –121.7975); (36.4607, –121.7944); Millers Fork (36.6865, –121.6409). Salsipuedes Creek (36.9350, –121.7426); (36.2961, –121.5697); Pinch Creek (ii) Chualar Hydrologic Sub-area Shingle Mill Gulch (37.0446, (36.3236, –121.5574); Pine Creek 330920. Outlet(s) = Gabilan Creek (Lat –121.7971). (36.3827, –121.7727); Potrero Creek 36.6923, Long –121.6300) upstream. (ii) Santa Cruz Mountains Hydrologic (36.4801, –121.8258); Rana Creek (iii) Soledad Hydrologic Sub-area Sub-area 330520. Outlet(s) = Pajaro (36.4877, –121.5840); Rattlesnake Creek 330930. Outlet(s) = Salinas River (Lat River (Lat 36.9010, Long –121.5861); (36.3442, –121.7080); Robertson Canyon 36.4878, Long –121.4688) upstream to Bodfish Creek (37.0041, –121.6667); Creek (36.4776, –121.8048); Robertson endpoint(s) in: Arroyo Seco River Pescadero Creek (36.9125, –121.5882); Creek (36.3658, –121.5165); San (36.2644, –121.3812); Reliz Creek Tar Creek (36.9304, –121.5520); Uvas Clemente Creek (36.4227, –121.8115); (36.2438, –121.2881). Creek (37.0146, –121.6314) upstream to Tularcitos Creek (36.4369, –121.5163); (iv) Upper Salinas Valley Hydrologic endpoint(s) in: Blackhawk Canyon Ventana Mesa Creek (36.2977, Sub-area 330940. Outlet(s) = Salinas (37.0168, –121.6912); Bodfish Creek –121.7116). River (Lat 36.3183, Long –121.1837) (36.9985, –121.6859); Little Arthur (ii) [Reserved] upstream. Creek (37.0299, –121.6874); Pescadero (3) Santa Lucia Hydrologic Unit 3308- (v) Arroyo Seco Hydrologic Sub-area Creek (36.9826, –121.6274); Tar Creek (i) Santa Lucia Hydrologic Sub-area 330960. Outlet(s) = Arroyo Seco River (36.9558, –121.6009); Uvas Creek 330800. Outlet(s) = Alder Creek (Lat (Lat 36.2644, Long –121.3812); Reliz (37.0660, –121.6912). 35.8578, Long –121.4165); Big Creek Creek ( 36.2438, –121.2881); Vasqueros (iii) South Santa Clara Valley (36.0696, –121.6005); Big Sur River Creek (36.2648, –121.3368) upstream to Hydrologic Sub-area 330530. Outlet(s) = (36.2815, –121.8593); Bixby Creek endpoint(s) in: Arroyo Seco River San Benito River (Lat 36.8961, Long (36.3713, –121.9029); Garrapata Creek (36.2041, –121.5002); Calaboose Creek –121.5625); Pajaro River (36.9222, (36.4176, –121.9157); Limekiln Creek (36.2942, –121.5082); Church Creek –121.5388) upstream to endpoint(s) in: (36.0084, –121.5196); Little Sur River (36.2762, –121.5877); Horse Creek Arroyo Dos Picachos (36.8866, (36.3350, –121.8934); Malpaso Creek (36.2046, –121.3931); Paloma Creek –121.3184); Bodfish Creek (37.0080, (36.4814, –121.9384); Mill Creek (36.3195, –121.4894); Piney Creek –121.6652); Bodfish Creek (37.0041, (35.9825, –121.4917); Partington Creek (36.3023, –121.5629); Reliz Creek –121.6667); Carnadero Creek (36.9603, (36.1753, –121.6973); Plaskett Creek (36.1935, –121.2777); Rocky Creek –121.5328); Llagas Creek (37.1159, (35.9195, –121.4717); Prewitt Creek (36.2676, –121.5225); Santa Lucia Creek –121.6938); Miller Canal (36.9698, (35.9353, –121.4760); Rocky Creek (36.1999, –121.4785); Tassajara Creek –121.4814); Pacheco Creek (37.0055, (36.3798, –121.9028); Salmon Creek (36.2679, –121.6149); Vaqueros Creek –121.3598); San Felipe Lake (36.9835, (35.3558, –121.3634); San Jose Creek (36.2479, –121.3369); Willow Creek –121.4604); Tar Creek (36.9304, (36.5259, –121.9253); Vicente Creek (36.2059, –121.5642). –121.5520); Tequisquita Slough (36.0442, –121.5855); Villa Creek (vi) Gabilan Range Hydrologic Sub- (36.9170, –121.3887); Uvas Creek (35.8495, –121.4087); Willow Creek area 330970. Outlet(s) = Gabilan Creek (37.0146, –121.6314). (35.8935, –121.4619) upstream to (Lat 36.7800, –121.5836) upstream to (iv) Pacheco-Santa Ana Creek endpoint(s) in: Alder Creek (35.8685, endpoint(s) in: Gabilan Creek (36.7335, Hydrologic Sub-area 330540. Outlet(s) = –121.3974); Big Creek (36.0830, –121.4939). Arroyo Dos Picachos (Lat 36.8866, Long –121.5884); Big Sur River (36.2490, (vii) Paso Robles Hydrologic Sub-area –121.3184); Pacheco Creek (37.0055, –121.7269); Bixby Creek (36.3715, 330981. Outlet(s) = Salinas River (Lat –121.3598) upstream to endpoint(s) in: –121.8440); Devil’s Canyon Creek 35.9241, Long –120.8650) upstream to Arroyo Dos Picachos (36.8912, (36.0773, –121.5695); Garrapata Creek endpoint(s) in: –121.2305); Cedar Creek (37.0922, (36.4042, –121.8594); Joshua Creek Atascadero Creek (35.4468, –121.3641); North Fork Pacheco Creek (36.4182, –121.9000); Limekiln Creek –120.7010); Graves Creek (35.4838, (37.0514, –121.2911); Pacheco Creek (36.0154, –121.5146); Little Sur River –120.7631); Jack Creek (35.5815, (37.0445, –121.2662); South Fork (36.3312, –121.7557); Malpaso Creek –120.8560); Nacimiento River (35.7610, Pacheco Creek (37.0227, –121.2603). (36.4681, –121.8800); Mill Creek –120.8853); Paso Robles Creek (35.5636, (v) San Benito River Hyddrologic Sub- (35.9907, –121.4632); North Fork Big –120.8455); Salinas River (35.3886, area 330550. Outlet(s) = San Benito Sur River (36.2178, –121.5948); –120.5582); San Antonio River (35.7991, River (Lat 36.7838, Long –121.3731) Partington Creek (36.1929, –121.6825); –120.8849); San Marcos Creek (35.6734, upstream to endpoint(s) in: Bird Creek Plaskett Creek (35.9228, –121.4493); –120.8140); Santa Margarita Creek (36.7604, –121.4506); Pescadero Creek Prewitt Creek (35.9419, –121.4598); (35.3923, –120.6619); Santa Rita Creek
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00087 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52574 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(35.5262, –120.8396); Sheepcamp Creek –121.2130); Unnamed Tributary (35.4122, –120.8335); Unnamed (35.6145, –120.7795); Summit Creek (35.6977, –121.2613); Unnamed Tributary (35.4420, –120.7796). (35.6441, –120.8046); Tassajera Creek Tributary (35.6702, –121.1884); (x) Chorro Hydrologic Sub-area (35.3895, –120.6926); Trout Creek Unnamed Tributary (35.6817, 331022. Outlet(s) = Chorro Creek (Lat (35.3394, –120.5881); Willow Creek –121.0885); Van Gordon Creek (35.6286, 35.3413, Long –120.8388) upstream to (35.6107, –120.7720). –121.0942). endpoint(s) in: Chorro Creek (35.3340, (5) Estero Bay Hydrologic Unit 3310— (iv) Santa Rosa Hydrologic Sub-area –120.6897); Dairy Creek (35.3699, (i) San Carpoforo Hydrologic Sub-area 331014. Outlet(s) = Santa Rosa Creek –120.6911); Pennington Creek (35.3655, 331011. Outlet(s) = San Carpoforo Creek (Lat 35.5685, Long –121.1113) upstream –120.7144); San Bernardo Creek (Lat 35.7646, Long –121.3247) upstream to endpoint(s) in: Green Valley Creek (35.3935, –120.7638); San Luisito to endpoint(s) in: Dutra Creek (35.8197, (35.5511, –120.9471); Perry Creek (35.3755, –120.7100); Unnamed –121.3273); Estrada Creek (35.7710, (35.5323–121.0491); Santa Rosa Creek Tributary (35.3821, –120.7217); –121.2661); San Carpoforo Creek (35.5525, –120.9278); Unnamed Unnamed Tributary (35.3815, (35.8202, –121.2745); Unnamed Tributary (35.5965, –120.9413); –120.7350). Tributary (35.7503, –121.2703); Wagner Unnamed Tributary (35.5684, (xi) Los Osos Hydrologic Sub-area Creek (35.8166, –121.2387). –120.9211); Unnamed Tributary 331023. Outlet(s) = Los Osos Creek (Lat (ii) Arroyo De La Cruz Hydrologic (35.5746, –120.9746). 35.3379, Long –120.8273) upstream to Sub-area 331012. Outlet(s) = Arroyo De (v) Villa Hydrologic Sub-area 331015. endpoint(s) in: Los Osos Creek (35.2718, La Cruz (Lat 35.7097, Long –121.3080) Outlet(s) = Villa Creek (Lat 35.4601, –120.7627). upstream to endpoint(s) in: Arroyo De Long –120.9704) upstream to La Cruz (35.6986, –121.1722); Burnett (xii) San Luis Obispo Creek endpoint(s) in: Unnamed Tributary Hydrologic Sub-area 331024. Outlet(s) = Creek (35.7520, –121.1920); Green (35.4798, –120.9630); Unnamed Canyon Creek (35.7375 , –121.2314); San Luis Obispo Creek (Lat 35.1822, Tributary (35.5080, –121.0171); Long –120.7303) upstream to Marmolejo Creek (35.6774, –121.1082); Unnamed Tributary (35.5348, Spanish Cabin Creek (35.7234, endpoint(s) in: Brizziolari Creek –120.8878); Unnamed Tributary (35.3236, –120.6411); Froom Creek –121.1497); Unnamed Tributary (35.5510, –120.9406); Unnamed (35.7291, –121.1977); West Fork Burnett (35.2525, –120.7144); Prefumo Creek Tributary (35.5151, –120.9497); (35.2615, –120.7081); San Luis Obispo Creek (35.7516, –121.2075). Unnamed Tributary (35.4917, (iii) San Simeon Hydrologic Sub-area Creek (35.3393, –120.6301); See Canyon –120.9584); Unnamed Tributary Creek (35.2306, –120.7675); Stenner 331013. Outlet(s) = Arroyo del Corral (35.5173, –120.9516); Villa Creek (Lat 35.6838, Long –121.2875); Arroyo Creek (35.3447, –120.6584); Unnamed (35.5352, –120.8942). Tributary (35.2443, –120.7655). del Puerto (35.6432, –121.1889); Little (vi) Cayucos Hydrologic Sub-area Pico Creek (35.6336, –121.1639); Oak 331016. Outlet(s) = Cayucos Creek (Lat (xiii) Point San Luis Hydrologic Sub- Knoll Creek (35.6512, –121.2197); Pico 35.4491, Long –120.9079) upstream to area 331025. Outlet(s) = Coon Creek (Lat Creek (35.6155, –121.1495); San Simeon endpoint(s) in: Cayucos Creek (35.5257, 35.2590, Long –120.8951); Islay Creek Creek (35.5950, –121.1272) upstream to –120.9271); Unnamed Tributary (35.2753, –120.8884) upstream to endpoint(s) in: Arroyo Laguna (35.6895, (35.5157, –120.9005); Unnamed endpoint(s) in: Coon Creek (35.2493, –121.2337); Arroyo del Corral (35.6885, Tributary (35.4943, –120.9513); –120.7774); Islay Creek (35.2574, –121.2537); Arroyo del Puerto (35.6773, Unnamed Tributary (35.4887, –120.7810); Unnamed Tributary –121.1713); Little Pico Creek (35.6890, –120.8968). (35.2753, –120.8146); Unnamed –121.1375); Oak Knoll Creek (35.6718, (vii) Old Hydrologic Sub-area 331017. Tributary (35.2809, –120.8147); –121.2010); North Fork Pico Creek Outlet(s) = Old Creek (Lat 35.4345, Long Unnamed Tributary (35.2648, (35.6886, –121.0861); San Simeon Creek –120.8868) upstream to endpoint(s) in: –120.7936). (35.6228, –121.0561); South Fork Pico Old Creek (35.4480, –120.8871) (xiv) Pismo Hydrologic Sub-area Creek (35.6640, –121.0685); Steiner (viii) Toro Hydrologic Sub-area 331026. Outlet(s) = Pismo Creek (Lat Creek (35.6032, –121.0640); Unnamed 331018. Outlet(s) = Toro Creek (Lat 35.1336, Long –120.6408) upstream to Tributary (35.6482, –121.1067); 35.4126, Long –120.8739) upstream to endpoint(s) in: East Corral de Piedra Unnamed Tributary (35.6616, endpoint(s) in: Toro Creek (35.4945, Creek (35.2343, –120.5571); Pismo –121.0639); Unnamed Tributary –120.7934); Unnamed Tributary Creek (35.1969, –120.6107); Unnamed (35.6741, –121.0981); Unnamed (35.4917, –120.7983). Tributary (35.2462, –120.5856). Tributary (35.6777, –121.1503); (ix) Morro Hydrologic Sub-area (xv) Oceano Hydrologic Sub-area Unnamed Tributary (35.6604, 331021. Outlet(s) = Morro Creek (Lat 331031. Outlet(s) = Arroyo Grande –121.1571); Unnamed Tributary 35.3762, Long –120.8642) upstream to Creek (Lat 35.1011, Long –120.6308) (35.6579, –121.1356); Unnamed endpoint(s) in: East Fork Morro Creek upstream to endpoint(s) in: Arroyo Tributary (35.6744, –121.1187); (35.4218, –120.7282); Little Morro Creek Grande Creek (35.1868, –120.4881); Los Unnamed Tributary (35.6460, (35.4155, –120.7532); Morro Creek Berros Creek (35.0791, –120.4423). –121.1373); Unnamed Tributary (35.4291, –120.7515); Unnamed (6) Maps of critical habitat for the (35.6839, –121.0955); Unnamed Tributary (35.4292, –120.8122); South-Central Coast Steelhead ESU Tributary (35.6431, –121.0795); Unnamed Tributary (35.4458, follow: Unnamed Tributary (35.6820, –120.7906); Unnamed Tributary BILLING CODE 3510–22–P
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00088 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52575
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00089 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.023 52576 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00090 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.024 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52577
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00091 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.025 52578 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00092 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.026 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52579
BILLING CODE 3510–22–C
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00093 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.027 52580 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(j) Southern California Steelhead (O. (34.7769, –119.7149); Unnamed –120.0508); Sacate Creek (34.4984, mykiss). Critical habitat is designated to Tributary (34.7617, –119.6878); –120.2993); San Augustine Creek include the areas defined in the Unnamed Tributary (34.7680, (34.4598, –120.3561); San Onofre Creek following CALWATER Hydrologic –119.6503); Unnamed Tributary (34.4853, –120.1890); Santa Anita Creek Units: (34.7738, –119.6493); Unnamed (34.4742, –120.3085); Tecolote Creek (1) Santa Maria River Hydrologic Unit Tributary (34.7332, –119.6286); (34.5133, –119.9058); Unnamed 3312—(i) Santa Maria Hydrologic Sub- Unnamed Tributary (34.7519, Tributary (34.5527, –120.4548); area 331210. Outlet(s) = Santa Maria –119.6209); Unnamed Tributary Unnamed Tributary (34.4972, River (Lat 34.9710, Long –120.6504) (34.7188, –119.6673); Water Canyon –120.3026). upstream to endpoint(s) in: Cuyama (34.8754, –119.9324). (ii) UCSB Slough Hydrologic Sub-area River (34.9058, –120.3026); Santa Maria (2) Santa Ynex Hydrologic Unit 331531. Outlet(s) = San Pedro Creek (Lat River (34.9042, –120.3077); Sisquoc 3314—(i) Mouth of Santa Ynez 34.4179, Long –119.8295); Tecolito River (34.8941, –120.3063). Hydrologic Sub-area 331410. Outlet(s) = Creek (34.4179, –119.8295) upstream to (ii) Sisquoc Hydrologic Sub-area Santa Ynez River (Lat 34.6930, Long endpoint(s) in: Atascadero Creek 331220. Outlet(s) = Sisquoc River (Lat –120.6033) upstream to endpoint(s) in: (34.4345, –119.7755); Carneros Creek 34.8941, Long –120.3063) upstream to San Miguelito Creek (34.6309, (34.4674, –119.8584); Cieneguitas Creek endpoint(s) in: Abel Canyon (34.8662, –120.4631). (34.4690, –119.7565); Glen Annie Creek –119.8354); Davey Brown Creek (ii) Santa Ynez, Salsipuedes (34.4985, –119.8666); Maria Ygnacio (34.7541, –119.9650); Fish Creek Hydrologic Sub-area 331420. Outlet(s) = Creek (34.4900, –119.7830); San (34.7531, –119.9100); Foresters Leap Santa Ynez River (Lat 34.6335, Long Antonio Creek (34.4553, –119.7826); (34.8112, –119.7545); La Brea Creek –120.4126) upstream to endpoint(s) in: San Pedro Creek (34.4774, –119.8359); (34.8804, –120.1316); Horse Creek El Callejon Creek (34.5475, –120.2701); San Jose Creek (34.4919, –119.8032); (34.8372, –120.0171); Judell Creek El Jaro Creek (34.5327, –120.2861); Tecolito Creek (34.4478, –119.8763); (34.7613, –119.6496); Manzana Creek Llanito Creek (34.5499, –120.2762); Unnamed Tributary (34.4774, (34.7082, –119.8324); North Fork La Salsipuedes Creek (34.5711, –120.4076). –119.8846). Brea Creek (34.9681, –120.0112); (iii) Santa Ynez, Zaca Hydrologic (iii) Mission Hydrologic Sub-area Sisquoc River (34.7087, –119.6409); Sub-area 331430. Outlet(s) = Santa Ynez 331532. Outlet(s) = Arroyo Burro Creek South Fork La Brea Creek (34.9543, River (Lat 34.6172, Long –120.2352) (Lat 34.4023, Long –119.7430); Mission –119.9793); South Fork Sisquoc River upstream. Creek (34.4124, –119.6876); Sycamore (34.7300, –119.7877); Unnamed (iv) Santa Ynez to Bradbury Creek (34.4166, –119.6668) upstream to Tributary (34.9342, –120.0589); Hydrologic Sub-area 331440. Outlet(s) = endpoint(s) in: Arroyo Burro Creek Unnamed Tributary (34.9510, Santa Ynez River (Lat 34.5847, Long (34.4620, –119.7461); Mission Creek –120.0140); Unnamed Tributary –120.1445) upstream to endpoint(s) in: (34.4482, –119.7089); Rattlesnake Creek (34.9687, –120.1419); Unnamed Alisal Creek (34.5465, –120.1358); (34.4633, –119.6902); San Roque Creek Tributary (34.9626, –120.1500); Hilton Creek (34.5839, –119.9855); (34.4530, –119.7323); Sycamore Creek Unnamed Tributary (34.9672, Quiota Creek (34.5370, –120.0321); San (34.4609, –119.6841). –120.1194); Unnamed Tributary Lucas Creek (34.5558, –120.0119); Santa (iv) San Ysidro Hydrologic Sub-area (34.9682, –120.0990); Unnamed Ynez River (34.5829, –119.9805); 331533. Outlet(s) = Montecito Creek (Lat Tributary (34.9973, –120.0662); Unnamed Tributary (34.5646, 34.4167, Long –119.6344); Romero Unnamed Tributary (34.9922, –120.0043). Creek (34.4186, –119.6208); San Ysidro –120.0294); Unnamed Tributary (3) South Coast Hydrologic Unit Creek (34.4191, –119.6254); upstream to (35.0158, –120.0337); Unnamed 3315—(i) Arroyo Hondo Hydrologic endpoint(s) in: Cold Springs Creek Tributary (34.9464, –120.0309); Sub-area 331510. Outlet(s) = Alegria (34.4794, –119.6604); Montecito Creek Unnamed Tributary (34.7544, Creek (Lat 34.4688, Long –120.2720); (34.4594, –119.6542); Romero Creek –119.9476); Unnamed Tributary Arroyo Hondo Creek (34.4735, (34.4452, –119.5924); San Ysidro Creek (34.7466, –119.9047); Unnamed –120.1415); Cojo Creek (34.4531, (34.4686, –119.6229); Unnamed Tributary (34.7646, –119.8673); –120.4165); Dos Pueblos Creek (34.4407, Tributary (34.4753, –119.6437). Unnamed Tributary (34.8726, –119.9646); El Capitan Creek (34.4577, (v) Carpinteria Hydrologic Sub-area –119.9525); Unnamed Tributary –120.0225); Gato Creek (34.4497, 331534. Outlet(s) = Arroyo Paredon (Lat (34.8884, –119.9325); Unnamed –119.9885); Gaviota Creek (34.4706, 34.4146, Long –119.5561); Carpenteria Tributary (34.8659, –119.8982); –120.2267); Jalama Creek (34.5119, Lagoon (Carpenteria Creek) (34.3904, Unnamed Tributary (34.8677, –120.5023); Refugio Creek (34.4627, –119.5204); Rincon Lagoon (Rincon –119.8513); Unnamed Tributary –120.0696); Sacate Creek (34.4708, Creek) (34.3733, –119.4769) upstream to (34.8608, –119.8541); Unnamed –120.2942); San Augustine Creek endpoint(s) in: Arroyo Paredon Tributary (34.8784, –119.8458); (34.4588, –120.3542); San Onofre Creek (34.4371, –119.5481); Carpinteria Creek Unnamed Tributary (34.8615, (34.4699, –120.1872); Santa Anita Creek (34.4429, –119.4964); El Dorado Creek –119.8159); Unnamed Tributary (34.4669, –120.3066); Tecolote Creek (34.4682, –119.4809); Gobernador Creek (34.8694, –119.8229); Unnamed (34.4306, –119.9173) upstream to (34.4249, –119.4746); Rincon Lagoon Tributary (34.7931, –119.8485); endpoint(s) in: Alegria Creek (34.4713, (Rincon Creek) (34.3757, –119.4777); Unnamed Tributary (34.7846, –120.2714); Arroyo Hondo Creek Steer Creek (34.4687, –119.4596); –119.8337); Unnamed Tributary (34.5112, –120.1704); Cojo Creek Unnamed Tributary (34.4481, (34.7872, –119.7684); Unnamed (34.4840, –120.4106); Dos Pueblos Creek –119.5112). Tributary (34.7866, –119.7552); (34.5230, –119.9249); El Capitan Creek (4) Ventura River Hydrologic Unit Unnamed Tributary (34.8129, (34.5238, –119.9806); Escondido Creek 4402—(i) Ventura Hydrologic Sub-area –119.7714); Unnamed Tributary (34.5663, –120.4643); Gato Creek 440210. Outlet(s) = Ventura Estuary (34.7760, –119.7448); Unnamed (34.5203, –119.9758); Gaviota Creek (Ventura River) (Lat 34.2742, Long Tributary (34.7579, –119.7999); (34.5176, –120.2179); Jalama Creek –119.3077) upstream to endpoint(s) in: Unnamed Tributary (34.7510, (34.5031, –120.3615); La Olla (34.4836, Canada Larga (34.3675, –119.2377); –119.7921); Unnamed Tributary –120.4071); Refugio Creek (34.5109, Hammond Canyon (34.3903,
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00094 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52581
–119.2230); Sulphur Canyon (34.3727, 34.4509, Long –118.9258) upstream to endpoint(s) in: Topanga Creek (34.0838, –119.2362); Unnamed Tributary endpoint(s) in: Abadi Creek (34.6099, –118.5980). (34.3344, –119.2426); Unnamed –119.4223); Alder Creek (34.5691, (ii) Malibu Hydrologic Sub-area Tributary (34.3901, –119.2747). –118.9528); Bear Creek (34.5314, 440421. Outlet(s) = Malibu Creek (Lat (ii) Ventura Hydrologic Sub-area –119.1041); Chorro Grande Creek 34.0322, Long –118.6796) upstream to 440220. Outlet(s) = Ventura River (Lat (34.6285, –119.3245); Fourfork Creek endpoint(s) in: Malibu Creek (34.0648, 34.3517, Long –119.3069) upstream to (34.4735, –118.8893); Howard Creek –118.6987). endpoint(s) in: Coyote Creek (34.3735, (34.5459, –119.2154); Lady Bug Creek (iii) Arroyo Sequit Hydrologic Sub- –119.3337); Matilija Creek (34.4846, (34.5724, –119.3173); Lion Creek area 440444. Outlet(s) = Arroyo Sequit –119.3086); North Fork Matilija Creek (34.5047, –119.1101); Little Sespe Creek (Lat 34.0445, Long –118.9338) upstream (34.5129, –119.2737); San Antonio (34.4598, –118.8938); Munson Creek to endpoint(s) in: Arroyo Sequit Creek (34.4224, –119.2644); Ventura (34.6152, –119.2963); Park Creek (34.0839, –118.9186); West Fork Arroyo River (34.4852, –119.3001). (34.5537, –119.0028); Piedra Blanca Sequit (34.0909, –118.9235). (iii) Lions Hydrologic Sub-area Creek (34.6109, –119.1838); Pine 440231. Outlet(s) = Lion Creek (Lat (7) Calleguas Hydrologic Unit 4408— Canyon Creek (34.4488, –118.9661); (i) Calleguas Estuary Hydrologic Sub- 34.4222, Long –119.2644) upstream to Portrero John Creek (34.6010, endpoint(s) in: Lion Creek (34.4331, area 440813. Outlet(s) = Mugu Lagoon –119.2695); Red Reef Creek (34.5344, –119.2004). (Calleguas Creek) (Lat 34.1093, Long (iv) Thatcher Hydrologic Sub-area –119.0441); Rose Valley Creek (34.5195, –119.0917) upstream to endpoint(s) in: 440232. Outlet(s) = San Antonio Creek –119.1756); Sespe Creek (34.6295, Mugu Lagoon (Calleguas Creek) (Lat (Lat 34.4224, Long –119.2644) upstream –119.4412); Timber Creek (34.5184, 34.1125, Long –119.0816). to endpoint(s) in: San Antonio Creek –119.0698); Trout Creek (34.5869, (ii) [Reserved] (34.4370, –119.2417). –119.1360); Tule Creek (34.5614, (8) San Juan Hydrologic Unit 4901— (5) Santa Clara Calleguas Hydrologic –119.2986); Unnamed Tributary (i) Middle Trabuco Hydrologic Sub-area Unit 4403—(i) Mouth of Santa Clara (34.5125, –118.9311); Unnamed 490123. Outlet(s) = Trabuco Creek (Lat Hydrologic Sub-area 440310. Outlet(s) = Tributary (34.5537, –119.0088); 33.5165, Long –117.6727) upstream to Santa Clara River (Lat 34.2348, Long Unnamed Tributary (34.5537, endpoint(s) in: Trabuco Creek (33.5264, –119.2568) upstream. –119.0048); Unnamed Tributary –117.6700). (34.5757, –119.3051); Unnamed (ii) Santa Clara, Santa Paula (ii) Lower San Juan Hydrologic Sub- Tributary (34.5988, –119.2736); Hydrologic Sub-area 440321. Outlet(s) = area 490127. Outlet(s) = San Juan Creek Unnamed Tributary (34.5691, Santa Clara River (Lat 34.2731, Long (Lat 33.4621, Long –117.6842) upstream –119.3428); West Fork Sespe Creek –119.1474) upstream to endpoint(s) in: to endpoint(s) in: San Juan Creek Santa Paula Creek (34.4500, –119.0563). (34.5106, –119.0502). (33.4929, –117.6610); Trabuco Creek (iii) Sisar Hydrologic Sub-area (vi) Santa Clara, Hopper Canyon, Piru (33.5165, –117.6727). 440322. Outlet(s) = Sisar Creek (Lat Hydrologic Sub-area 440341. Outlet(s) = 34.4271, Long –119.0908) upstream to (iii) San Mateo Hydrologic Sub-area Santa Clara River (Lat 34.3860, Long 490140. Outlet(s) = San Mateo Creek endpoint(s) in: Sisar Creek (34.4615, –118.8711) upstream to endpoint(s) in: –119.1312). (Lat 33.3851, Long –117.5933) upstream Hopper Creek (34.4263, –118.8309); Piru (iv) Sespe, Santa Clara Hydrologic to endpoint(s) in: San Mateo Creek Sub-area 440331. Outlet(s) = Santa Clara Creek (34.4613, –118.7537); Santa Clara (33.4779, –117.4386); San Mateo River (Lat 34.3513, Long –119.0397) River (34.3996, –118.7837). Canyon (33.4957, –117.4522). upstream to endpoint(s) in: Sespe Creek (6) Santa Monica Bay Hydrologic Unit (9) Maps of critical habitat for the (34.4509, –118.9258). 4404—(i) Topanga Hydrologic Sub-area Southern California Steelhead ESU (v) Sespe Hydrologic Sub-area 440411. Outlet(s) = Topanga Creek (Lat follow: 440332. Outlet(s) = Sespe Creek (Lat 34.0397, Long –118.5831) upstream to BILLING CODE 3510–22P
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00095 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52582 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00096 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.028 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52583
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00097 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.029 52584 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00098 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.030 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52585
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00099 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.031 52586 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00100 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.032 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52587
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00101 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.033 52588 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00102 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.034 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52589
BILLING CODE 3510–22–C
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00103 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.035 52590 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(k) Central Valley Spring Run (3) Redding Hydrologic Unit 5508—(i) –121.5838) upstream to endpoint(s) in: Chinook Salmon (O. tshawytscha). Enterprise Flat Hydrologic Sub-area Sacramento Bypass (38.6057, Critical habitat is designated to include 550810. Outlet(s)= Sacramento River –121.5563); Yolo Bypass (38.7627, the areas defined in the following (Lat 40.2526, Long –122.1707) upstream –121.6325). CALWATER Hydrologic Units: to endpoint(s) in: Anderson Creek (ii) [Reserved] (1) Tehama Hydrologic Unit 5504—(i) (40.3910, –122.1984); Ash Creek (7) Marysville Hydrologic Unit 5515— Lower Stony Creek Hydrologic Sub-area (40.4451, –122.1815); Battle Creek (i) Lower Yuba River Hydrologic Sub- 550410. Outlet(s) = Glenn-Colusa Canal (40.4083, –122.1102); Churn Creek area 551510. Outlet(s) = Bear River (Lat (Lat 39.6762, Long –122.0151); Stony (40.5431, –122.3395); Clear Creek 38.9398, Long –121.5790) upstream to Creek (39.7122, –122.0072) upstream to (40.5158, –122.5256); Cow Creek endpoint(s) in: Bear River (38.9783, endpoint(s) in: Glenn-Colusa Canal (40.5438, –122.1318); Olney Creek –121.5166). (39.7122, –122.0072); Stony Creek (40.5262, –122.3783); Paynes Creek (ii) Lower Yuba River Hydrologic Sub- (39.8178, –122.3253). (40.2810, –122.1587); Stillwater Creek area 551530. Outlet(s) = Yuba River (Lat (ii) Red Bluff Hydrologic Sub-area (40.4789, –122.2597). 39.1270, Long –121.5981) upstream to 550420. Outlet(s) = Sacramento River (ii) Lower Cottonwood Hydrologic endpoint(s) in: Yuba River (39.2203, (Lat 39.6998, Long –121.9419) upstream Sub-area 550820. Outlet(s) = –121.3314). to endpoint(s) in: Antelope Creek Cottonwood Creek (Lat 40.3777, Long (iii) Lower Feather River Hydrologic (40.2023, –122.1275); Big Chico Creek –122.1991) upstream to endpoint(s) in: Sub-area 551540. Outlet(s) = Feather (39.7757, –121.7525); Blue Tent Creek Cottonwood Creek (40.3943, –122.5254); River (Lat 39.1270, Long –121.5981) (40.2284, –122.2551); Burch Creek Middle Fork Cottonwood Creek upstream to endpoint(s) in: Feather (39.8526, –122.1502); Butler Slough (40.3314, –122.6663); South Fork River (39.5203, –121.5475). (8) Yuba River Hydrologic Unit (40.1579, –122.1320); Coyote Creek Cottonwood Creek (40.1578, –122.5809). 5517—(i) Browns Valley Hydrologic (40.0929, –122.1621); Craig Creek (4) Eastern Tehama Hydrologic Unit Sub-Area 551712. Outlet(s) = Dry Creek (40.1617, –122.1350); Deer Creek 5509—(i) Big Chico Creek Hydrologic (Lat 39.2207, Long –121.4088); Yuba (40.0144, –121.9481); Dibble Creek Sub-area 550914. Outlet(s) = Big Chico River (39.2203, –121.3314) upstream to (40.2003, –122.2420); Dye Creek Creek (Lat 39.7757, Long –121.7525) endpoint(s) in: Dry Creek (39.3201, (40.0904, –122.0767); Elder Creek upstream to endpoint(s) in: Big Chico –121.3117); Yuba River (39.2305, (40.0526, –122.1717); Jewet Creek Creek (39.8873, –121.6979). (ii) Deer Creek Hydrologic Sub-area –121.2813). (39.8913, –122.1005); Kusal Slough 550920. Outlet(s) = Deer Creek (Lat (ii) Englebright Hydrologic Sub-area (39.7577, –121.9699); Lindo Channel 40.0144, Long –121.9481) upstream to 551714. Outlet(s) = Yuba River (Lat (39.7623, –121.7923); McClure Creek endpoint(s) in: Deer Creek (40.2019, 39.2305, Long –121.2813) upstream to (40.0074, –122.1729); Mill Creek –121.5130). endpoint(s) in: Yuba River (39.2388, (40.0550, –122.0317); Mud Creek (iii) Upper Mill Creek Hydrologic Sub- –121.2698). (39.7931, –121.8865); New Creek area 550942. Outlet(s) = Mill Creek (Lat (9) Valley-American Hydrologic Unit (40.1873, –122.1350); Oat Creek 40.0550, Long –122.0317) upstream to 5519—(i) Lower American Hydrologic (40.0847, –122.1658); Pine Creek endpoint(s) in: Mill Creek (40.3997, Sub-area 551921. Outlet(s) = American (39.8760, –121.9777); Red Bank Creek –121.5131). River (Lat 38.5971, Long –121.5088) (40.1391, –122.2157); Reeds Creek (iv) Antelope Creek Hydrologic Sub- upstream to endpoint(s) in: American (40.1687, –122.2377); Rice Creek area 550963. Outlet(s) = Antelope Creek River (38.5669, –121.3827). (39.8495, –122.1626); Rock Creek (Lat 40.2023, Long –122.1272) upstream (ii) Pleasant Grove Hydrologic Sub- (39.8189, –121.9124); Salt Creek to endpoint(s) in: Antelope Creek area 551922. Outlet(s) = Sacramento (40.1869, –122.1845); Singer Creek (40.2416, –121.8630); North Fork River (Lat 38.5965, Long –121.5086) (39.9200, –121.9612); Thomes Creek Antelope Creek (40.2691, –121.8226); upstream to endpoint(s) in: Feather (39.8822, –122.5527); Toomes Creek South Fork Antelope Creek (40.2309, River (39.1270, –121.5981). (39.9808, –122.0642); Unnamed –121.8325). (10) Colusa Basin Hydrologic Unit Tributary (39.8532, –122.1627); (5) Sacramento Delta Hydrologic Unit 5520—(i) Sycamore-Sutter Hydrologic Unnamed Tributary (40.1682, 5510—(i) Sacramento Delta Hydrologic Sub-area 552010. Outlet(s) = –122.1459); Unnamed Tributary Sub-area 551000. Outlet(s) = Sacramento River (Lat 38.7604, Long (40.1867, –122.1353). Sacramento River (Lat 38.0612, Long –121.6767) upstream to endpoint(s) in: (2) Whitmore Hydrologic Unit 5507— –121.7948) upstream to endpoint(s) in: Tisdale Bypass (39.0261, –121.7456). (i) Inks Creek Hydrologic Sub-area Cache Slough (38.3086, –121.7633); (ii) Sutter Bypass Hydrologic Sub-area 550711. Outlet(s) = Inks Creek (Lat Delta Cross Channel (38.2433, 552030. Outlet(s) = Sacramento River 40.3305, Long –122.1520) upstream to –121.4964); Elk Slough (38.4140, (Lat 38.7849, Long –121.6219) upstream endpoint(s) in: Inks Creek 40.3418, –121.5212); Elkhorn Slough (38.2898, to endpoint(s) in: Butte Creek (39.1987, –122.1332). –121.6271); Georgiana Slough (38.2401, –121.9285); Butte Slough (39.1987, (ii) Battle Creek Hydrologic Sub-area –121.5172); Miners Slough (38.2864, –121.9285); Nelson Slough (38.8901, 550712 Outlet(s) = Battle Creek (Lat –121.6051); Prospect Slough (38.1477, –121.6352); Sacramento Slough 40.4083, Long –122.1102) upstream to –121.6641); Sevenmile Slough (38.1171, (38.7843, –121.6544); Sutter Bypass endpoint(s) in: Battle Creek (40.4228, –121.6298); Steamboat Slough (38.3052, (39.1417, –121.8196; 39.1484, –121.9975); North Fork Battle Creek –121.5737); Sutter Slough (38.3321, –121.8386); Tisdale Bypass (39.0261, (40.4746, –121.8436); South Fork Battle –121.5838); Threemile Slough (38.1155, –121.7456); Unnamed Tributary Creek (40.3549, –121.6861). –121.6835); Yolo Bypass (38.5800, (39.1586, –121.8747). (iii) Inwood Hydrologic Sub-area –121.5838). (iii) Butte Basin Hydrologic Sub-area 550722. Outlet(s) = Bear Creek (Lat (ii) [Reserved] 552040. Outlet(s) = Butte Creek (Lat 40.4352, Long –122.2039) upstream to (6) Valley-Putah-Cache Hydrologic 39.1990, Long –121.9286); Sacramento endpoint(s) in: Bear Creek (40.4859, Unit 5511—(i) Lower Putah Creek River (39.4141, –122.0087) upstream to –122.1529); Dry Creek (40.4574, Hydrologic Sub-area 551120. Outlet(s) = endpoint(s) in: Butte creek (39.7095, –122.1993). Yolo Bypass (Lat 38.5800, Long –121.7506); Colusa Bypass (39.2276,
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00104 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52591
–121.9402); Unnamed Tributary Cottonwood Creek (Lat 40.3314, (iii) Kanaka Peak Hydrologic Sub-area (39.6762, –122.0151). –122.6663) upstream to endpoint(s) in 552462. Outlet(s) = Clear Creek (Lat (11) Butte Creek Hydrologic Unit Beegum Creek (40.3066, –122.9205); 40.5158, Long –122.5256) upstream to 5521—Upper Little Chico Hydrologic Middle Fork Cottonwood Creek endpoint(s) in: Clear Creek (40.5992, Sub-area 552130. Outlet(s) = Butte (40.3655, –122.7451). –122.5394). Creek (Lat 39.7096, –121.7504) upstream to endpoint(s) in Butte Creek (ii) Spring Creek Hydrologic Sub-area (13) Maps of critical habitat for the (39.8665, –121.6344). 552440. Outlet(s) = Sacramento River Central Valley Spring Run Chinook ESU (12) Shasta Bally Hydrologic Unit (Lat 40.5943, Long –122.4343) upstream follow: 5524—(i) Platina Hydrologic Sub-area to endpoint(s) in: Sacramento River BILLING CODE 3510–22–P 552436. Outlet(s) = Middle Fork (40.6116, –122.4462)
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00105 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52592 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00106 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.036 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52593
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00107 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.037 52594 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00108 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.038 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52595
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00109 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.039 52596 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00110 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.040 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52597
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00111 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.041 52598 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00112 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.042 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52599
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00113 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.043 52600 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00114 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.044 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52601
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00115 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.045 52602 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00116 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.046 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52603
BILLING CODE 3510–22–C
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00117 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.047 52604 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(l) Central Valley steelhead (O. (iii) Ash Creek Hydrologic Sub-area (4) Eastern Tehama Hydrologic Unit mykiss). Critical habitat is designated to 550721. Outlet(s) = Ash Creek (Lat 5509—(i) Big Chico Creek Hydrologic include the areas defined in the 40.4401, Long –122.1375) upstream to Sub-area 550914. Outlet(s) = Big Chico following CALWATER Hydrologic endpoint(s) in: Ash Creek (40.4628, Creek (Lat 39.7757, Long –121.7525) Units: –122.0066). upstream to endpoint(s) in: Big Chico (1) Tehama Hydrologic Unit 5504—(i) (iv) Inwood Hydrologic Sub-area Creek (39.8898, –121.6952). Lower Stony Creek Hydrologic Sub-area 550722. Outlet(s) = Ash Creek (Lat (ii) Deer Creek Hydrologic Sub-area 550410. Outlet(s) = Stony Creek (Lat 40.4628, Long –122.0066); Bear Creek 550920. Outlet(s) = Deer Creek (Lat 39.6760, Long –121.9732) upstream to (40.4352, –122.2039) upstream to 40.0142, Long –121.9476) upstream to endpoint(s) in: Stony Creek (39.8199, endpoint(s) in: Ash Creek (40.4859, endpoint(s) in: Deer Creek (40.2025, –122.3391). –121.8993); Bear Creek (40.5368, –121.5130). (ii) Red Bluff Hydrologic Sub-area –121.9560); North Fork Bear Creek (iii) Upper Mill Creek Hydrologic Sub- 550420. Outlet(s) = Sacramento River (40.5736, –121.8683). area 550942. Outlet(s) = Mill Creek (Lat (Lat 39.6998, Long –121.9419) upstream (v) South Cow Creek Hydrologic Sub- 40.0550, Long –122.0317) upstream to to endpoint(s) in: Antelope Creek area 550731. Outlet(s) = South Cow endpoint(s) in: Mill Creek (40.3766, (40.2023, –122.1272); Big Chico Creek Creek (Lat 40.5438, Long –122.1318) –121.5098); Rocky Gulch Creek (39.7757, –121.7525); Blue Tent Creek upstream to endpoint(s) in: South Cow (40.2888, –121.5997). (40.2166, –122.2362); Burch Creek Creek (40.6023, –121.8623). (iv) Dye Creek Hydrologic Sub-area (39.8495, –122.1615); Butler Slough (vi) Old Cow Creek Hydrologic Sub- 550962. Outlet(s) = Dye Creek (Lat (40.1579, –122.1320); Craig Creek area 550732. Outlet(s) = Clover Creek 40.0910, Long –122.0719) upstream to (40.1617, –122.1350); Deer Creek (Lat 40.5788, Long –122.1252); Old Cow endpoint(s) in: Dye Creek (40.0996, (40.0144, –121.9481); Dibble Creek Creek (40.5442, –122.1317) upstream to –121.9612). (40.2002, –122.2421); Dye Creek endpoint(s) in: Clover Creek (40.6305, (v) Antelope Creek Hydrologic Sub- (40.0910, –122.0719); Elder Creek –122.0304); Old Cow Creek (40.6295, area 550963. Outlet(s) = Antelope Creek (40.0438, –122.2133); Lindo Channel –122.9619). (Lat 40.2023, Long –122.1272) upstream (39.7623, –121.7923); McClure Creek (vii) Little Cow Creek Hydrologic Sub- to endpoint(s) in: Antelope Creek (40.0074, –122.1723); Mill Creek area 550733. Outlet(s) = Little Cow (40.2416, –121.8630); Middle Fork (40.0550, –122.0317); Mud Creek Creek (Lat 40.6148, –122.2271); Oak Antelope Creek (40.2673, –121.7744); (39.7985, –121.8803); New Creek Run Creek (40.6171, –122.1225) North Fork Antelope Creek (40.2807, (40.1873, –122.1350); Oat Creek upstream to endpoint(s) in: Little Cow –121.7645); South Fork Antelope Creek (40.0769, –122.2168); Red Bank Creek Creek (40.7114, –122.0850); Oak Run (40.2521, –121.7575). (40.1421, –122.2399); Rice Creek Creek (40.6379, –122.0856). (5) Sacramento Delta Hydrologic Unit (39.8495, –122.1615); Rock Creek (3) Redding Hydrologic Unit 5508—(i) 5510—Sacramento Delta Hydrologic (39.8034, –121.9403); Salt Creek Enterprise Flat Hydrologic Sub-area Sub-area 551000. Outlet(s) = (40.1572, –122.1646); Thomes Creek 550810. Outlet(s) = Sacramento River Sacramento River (Lat 38.0653, Long (39.8822, –122.5527); Unnamed (Lat 40.2526, Long –122.1707) upstream –121.8418) upstream to endpoint(s) in: Tributary (40.1867, –122.1353); to endpoint(s) in: Ash Creek (40.4401, Cache Slough (38.2984, –121.7490); Elk Unnamed Tributary (40.1682, –122.1375); Battle Creek (40.4083, Slough (38.4140, –121.5212); Elkhorn –122.1459); Unnamed Tributary –122.1102); Bear Creek (40.4360, Slough (38.2898, –121.6271); Georgiana (40.1143, –122.1259); Unnamed –122.2036); Calaboose Creek (40.5742, Slough (38.2401, –121.5172); Horseshoe Tributary (40.0151, –122.1148); –122.4142); Canyon Creek (40.5532, Bend (38.1078, –121.7117); Lindsey Unnamed Tributary (40.0403, –122.3814); Churn Creek (40.5986, Slough (38.2592, –121.7580); Miners –122.1009); Unnamed Tributary –122.3418); Clear Creek (40.5158, Slough (38.2864, –121.6051); Prospect (40.0514, –122.0851); Unnamed –122.5256); Clover Creek (40.5788, Slough (38.2830, –121.6641); Putah Tributary (40.0530, –122.0769). –122.1252); Cottonwood Creek (40.3777, Creek (38.5155, –121.5885); Sevenmile (2) Whitmore Hydrologic Unit 5507— –122.1991); Cow Creek (40.5437, Slough (38.1171, –121.6298); (i) Inks Creek Hydrologic Sub-area –122.1318); East Fork Stillwater Creek Streamboat Slough (38.3052, 550711. Outlet(s) = Inks Creek (Lat (40.6495, –122.2934); Inks Creek –121.5737); Sutter Slough (38.3321, 40.3305, Long –122.1520) upstream to (40.3305, –122.1520); Jenny Creek –121.5838); Threemile Slough (38.1155, endpoint(s) in: Inks Creek (40.3418, (40.5734, –122.4338); Little Cow Creek –121.6835); Ulatis Creek (38.2961, –122.1332). (40.6148, –122.2271); Oak Run (40.6171, –121.7835); Unnamed Tributary (ii) Battle Creek Hydrologic Sub-area –122.1225); Old Cow Creek (40.5442, (38.2937, –121.7803); Unnamed 550712. Outlet(s) = Battle Creek (Lat –122.1317); Olney Creek (40.5439, Tributary (38.2937, –121.7804); Yolo 40.4083, Long –122.1102) upstream to –122.4687); Oregon Gulch (40.5463, Bypass (38.5800, –121.5838). endpoint(s) in: Baldwin Creek (40.4369, –122.3866); Paynes Creek (40.3024, (6) Valley-Putah-Cache Hydrologic –121.9885); Battle Creek (40.4228, –122.1012); Stillwater Creek (40.6495, Unit 5511—Lower Putah Creek –121.9975); Brush Creek (40.4913, –122.2934); Sulphur Creek (40.6164, Hydrologic Sub-area 551120. Outlet(s) = –121.8664); Millseat Creek (40.4808, –122.4077). Sacramento Bypass (Lat 38.6057, Long –121.8526); Morgan Creek (40.3654, (ii) Lower Cottonwood Hydrologic –121.5563); Yolo Bypass (38.5800, –121.9132); North Fork Battle Creek Sub-area 550820. Outlet(s) = –121.5838) upstream to endpoint(s) in: (40.4877, –121.8185); Panther Creek Cottonwood Creek (Lat 40.3777, Long Sacramento Bypass (38.5969, (40.3897, –121.6106); South Ditch –122.1991) upstream to endpoint(s) in: –121.5888); Yolo Bypass (38.7627, (40.3997, –121.9223); Ripley Creek Cold Fork Cottonwood Creek (40.2060, –121.6325). (40.4099, –121.8683); Soap Creek –122.6608); Cottonwood Creek (40.3943, (7) American River Hydrologic Unit (40.3904, –121.7569); South Fork Battle –122.5254); Middle Fork Cottonwood 5514—Auburn Hydrologic Sub-area Creek (40.3531, –121.6682); Unnamed Creek (40.3314, –122.6663); North Fork 551422. Outlet(s) = Auburn Ravine (Lat Tributary (40.3567, –121.8293); Cottonwood Creek (40.4539, –122.5610); 38.8921, Long –121.2181); Coon Creek Unnamed Tributary (40.4592, South Fork Cottonwood Creek (40.1578, (38.9891, –121.2556); Doty Creek –121.8671). –122.5809). (38.9401, –121.2434) upstream to
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00118 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52605
endpoint(s) in: Auburn Ravine (38.8888, River (39.4141, –1122.0087) upstream to Mokelumne River (Lat 38.2104, Long –121.1151); Coon Creek (38.9659, endpoint(s) in: Butte Creek (39.7096, –1121.3804) upstream to endpoint(s) in: –121.1781); Doty Creek (38.9105, –1121.7504); Colusa Bypass (39.2276, Mokelumne River (38.2263, –121.1244). –1121.9402); Little Chico Creek –1121.0241); Murphy Creek (38.2491, (8) Marysville Hydrologic Unit 5515— (39.7380, –1121.7490); Little Dry Creek –1121.0119). (i) Lower Bear River Hydrologic Sub- (39.6781, –1121.6580). (ii) Lower Calaveras Hydrologic Sub- area 551510. Outlet(s) = Bear River (Lat (12) Butte Creek Hydrologic Unit area 553130. Outlet(s) = Calaveras River 39.9398, Long –121.5790) upstream to 5521—(i) Upper Dry Creek Hydrologic (Lat 37.9836, Long –1121.3110); endpoint(s) in: Bear River (39.0421, Sub-area 552110. Outlet(s) = Little Dry Mormon Slough (37.9456,-121.2907) –121.3319). Creek (Lat 39.6781, –1121.6580) upstream to endpoint(s) in: Calaveras (ii) Lower Yuba River Hydrologic Sub- upstream to endpoint(s) in: Little Dry River (38.1025, –1120.8503); Mormon area 551530. Outlet(s) = Yuba River (Lat Creek (39.7424, –1121.6213). Slough (38.0532, –1121.0102); Stockton 39.1270, Long –121.5981) upstream to (ii) Upper Butte Creek Hydrologic Diverting Canal (37.9594, –1121.2024). endpoint(s) in: Yuba River (39.2203, Sub-area 552120. Outlet(s) = Little (16) Upper Calaveras Hydrologic Unit –121.3314). Chico Creek (Lat 39.7380, Long 5533—New Hogan Reservoir Hydrologic (iii) Lower Feather River Hydrologic –1121.7490) upstream to endpoint(s) in: Sub-area 553310. Outlet(s) = Calaveras Sub-area 551540. Outlet(s) = Feather Little Chico Creek (39.8680, River (Lat 38.1025, Long –1120.8503) River (Lat 39.1264, Long –121.5984) –1121.6660). upstream to endpoint(s) in: Calaveras upstream to endpoint(s) in: Feather (iii) Upper Little Chico Hydrologic River (38.1502, –1120.8143). River (39.5205, –121.5475). Sub-area 552130. Outlet(s) = Butte (17) Stanislaus River Hydrologic Unit (9) Yuba River Hydrologic Unit Creek (Lat 39.7096, Long –1121.7504) 5534—Table Mountain Hydrologic Sub- 5517—(i) Browns Valley Hydrologic upstream to endpoint(s) in: Butte Creek area 553410. Outlet(s) = Stanislaus Sub-area 551712. Outlet(s) = Dry Creek (39.8215, –1121.6468); Little Butte River (Lat 37.8355, Long –1120.6513) (Lat 39.2215, Long –1121.4082); Yuba Creek (39.8159, –1121.5819). upstream to endpoint(s) in: Stanislaus (13) Ball Mountain Hydrologic Unit River (39.2203, –1121.3314) upstream to River (37.8631, –1120.6298). 5523—Thomes Creek Hydrologic Sub- endpoint(s) in: Dry Creek (39.3232, Long (18) San Joaquin Valley Floor area 552310. Outlet(s) = Thomes Creek –1121.3155); Yuba River (39.2305, Hydrologic Unit 5535—(i) Riverbank (39.8822, –1122.5527) upstream to –1121.2813). Hydrologic Sub-area 553530. Outlet(s) = (ii) Englebright Hydrologic Sub-area endpoint(s) in: Doll Creek (39.8941, Stanislaus River (Lat 37.6648, Long 551714. Outlet(s) = Yuba River (Lat –1122.9209); Fish Creek (40.0176, –1121.2414) upstream to endpoint(s) in: 39.2305, Long –1121.2813) upstream to –1122.8142); Snake Creek (39.9945, Stanislaus River (37.8355, –1120.6513). endpoint(s) in: Yuba River (39.2399, –1122.7788); Thomes Creek (39.9455, (ii) Turlock Hydrologic Sub-area –1121.2689). –1122.8491); Willow Creek (39.8941, 553550. Outlet(s) = Tuolumne River (Lat (10) Valley American Hydrologic Unit –1122.9209). 5519—(i) Lower American Hydrologic (14) Shasta Bally Hydrologic Unit 37.6059, Long –1121.1739) upstream to Sub-area 551921. Outlet(s) = American 5524—(i) South Fork Hydrologic Sub- endpoint(s) in: Tuolumne River River (Lat 38.5971, –1121.5088) area 552433. Outlet(s) = Cold Fork (37.6401, –1120.6526). upstream to endpoint(s) in: American Cottonwood Creek (Lat 40.2060, Long (iii) Montpelier Hydrologic Sub-area River (38.6373, –1121.2202); Dry Creek –1122.6608); South Fork Cottonwood 553560. Outlet(s) = Tuolumne River (Lat (38.7554, –1121.2676); Miner’s Ravine Creek (40.1578, –1122.5809) upstream 37.6401, Long –1120.6526) upstream to (38.8429, –1121.1178); Natomas East to endpoint(s) in: Cold Fork Cottonwood endpoint(s) in: Tuolumne River Main Canal (38.6646, –1121.4770); Creek (40.1881, –1122.8690); South Fork (37.6721, –1120.4445). Secret Ravine(38.8541, –1121.1223). Cottonwood Creek (40.1232, (iv) El Nido-Stevinson Hydrologic (ii) Pleasant Grove Hydrologic Sub- –1122.8761). Sub-area 553570. Outlet(s) = Merced area 551922. Outlet(s) = Sacramento (ii) Platina Hydrologic Sub-area River (Lat 37.3505, Long –1120.9619) River (Lat 38.6026, Long –1121.5155) 552436. Outlet(s) = Middle Fork upstream to endpoint(s) in: Merced upstream to endpoint(s) in: Auburn Cottonwood Creek (Lat 40.3314, Long River (37.3620, –1120.8507). Ravine (38.8913, –1121.2424); Coon –1122.6663) upstream to endpoint(s) in: (v) Merced Hydrologic Sub-area Creek (38.9883, –1121.2609); Doty Creek Beegum Creek (40.3149, –1122.9776): 553580. Outlet(s) = Merced River (Lat (38.9392, –1121.2475); Feather River Middle Fork Cottonwood Creek 37.3620, Long –1120.8507) upstream to (39.1264, –1121.5984). (40.3512, –1122.9629). endpoint(s) in: Merced River (37.4982, (11) Colusa Basin Hydrologic Unit (iii) Spring Creek Hydrologic Sub-area –1120.4612). 5520—(i) Sycamore-Sutter Hydrologic 552440. Outlet(s) = Sacramento River (vi) Fahr Creek Hydrologic Sub-area Sub-area 552010. Outlet(s) = (Lat 40.5943, Long –1122.4343) 553590. Outlet(s) = Merced River (Lat Sacramento River (Lat 38.7604, Long upstream to endpoint(s) in: Middle 37.4982, Long –1120.4612) upstream to –1121.6767) upstream to endpoint(s) in: Creek (40.5904, –1121.4825); Rock endpoint(s) in: Merced River (37.5081, Tisdale Bypass (39.0261, –1121.7456). Creek (40.6155, –1122.4702); –1120.3581). (ii) Sutter Bypass Hydrologic Sub-area Sacramento River (40.6116, (19) Delta-Mendota Canal Hydrologic 552030. Outlet(s) = Sacramento River –1122.4462); Salt Creek (40.5830, Unit 5541—(i) Patterson Hydrologic (Lat 38.7851, Long –1121.6238) –1122.4586); Unnamed Tributary Sub-area 554110. Outlet(s) = San upstream to endpoint(s) in: Butte Creek (40.5734, –1122.4844). Joaquin River (Lat 37.6763, Long (39.1990, –1121.9286); Butte Slough (iv) Kanaka Peak Hydrologic Sub-area –1121.2653) upstream to endpoint(s) in: (39.1987, –1121.9285); Nelson Slough 552462. Outlet(s) = Clear Creek (Lat San Joaquin River (37.3491, (38.8956, –1121.6180); Sacramento 40.5158, Long –1122.5256) upstream to –1120.9759). Slough (38.7844, –1121.6544); Sutter endpoint(s) in: Clear Creek (40.5998, (ii) Los Banos Hydrologic Sub-area Bypass (39.1586, –1121.8747). 122.5399). 554120. Outlet(s) = Merced River (Lat (iii) Butte Basin Hydrologic Sub-area (15) North Valley Floor Hydrologic 37.3490, Long –1120.9756) upstream to 552040. Outlet(s) = Butte Creek (Lat Unit 5531—(i) Lower Mokelumne endpoint(s) in: Merced River (37.3505, 39.1990, Long –1121.9286); Sacramento Hydrologic Sub-area 553120. Outlet(s) = –1120.9619).
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00119 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52606 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(20) North Diablo Range Hydrologic –1121.4201); Dutch Slough (38.0088, –1121.5332); Paradise Cut (37.7605, Unit 5543—North Diablo Range –1121.6281); Empire Cut (37.9714, –1121.3085); Pixley Slough (38.0443, Hydrologic Sub-area 554300. Outlet(s) = –1121.4762); False River (38.0479, –1121.3868); Potato Slough (38.0440, San Joaquin River (Lat 38.0247, Long –1121.6232); Frank’s Tract (38.0220, –1121.4997); Rock Slough (37.9754, –1121.8218) upstream to endpoint(s) in: –1121.5997); Frank’s Tract (38.0300, –1121.5795); Sand Mound Slough San Joaquin River (38.0246, –1121.5830); Holland Cut (37.9939, (38.0220, –1121.5997); Stockton Deep –1121.7471). –1121.5757); Honker Cut (38.0680, Water Channel (37.9957, –1121.4201); (21) San Joaquin Delta Hydrologic –1121.4589); Kellog Creek (37.9158, Turner Cut (37.9972, –1121.4434); Unit 5544—San Joaquin Delta –1121.6051); Latham Slough (37.9716, Unnamed Tributary (38.1165, Hydrologic Sub-area 554400. Outlet(s) = –1121.5122); Middle River (37.8216, –1121.4976); Victoria Canal (37.8891, San Joaquin River (Lat 38.0246, Long –1121.3747); Mokelumne River –1121.4895); White Slough (38.0818, –1121.7471) upstream to endpoint(s) in: (38.2104, –1121.3804); Mormon Slough –1121.4156); Woodward Canal (37.9037, Big Break (38.0160, –1121.6849); Bishop (37.9456,-121.2907); Mosher Creek Cut (38.0870, –1121.4158); Calaveras (38.0327, –1121.3650); North –1121.4973). River (37.9836, –1121.3110); Cosumnes Mokelumne River (38.2274, (22) Maps of critical habitat for the River (38.2538, –1121.4074); –1121.4918); Old River (37.8086, Central Valley Steelhead ESU follow: Disappointment Slough (38.0439, –1121.3274); Orwood Slough (37.9409, BILLING CODE 3510–22–P
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00120 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52607
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00121 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.048 52608 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00122 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.049 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52609
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00123 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.050 52610 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00124 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.051 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52611
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00125 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.052 52612 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00126 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.053 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52613
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00127 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.054 52614 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00128 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.055 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52615
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00129 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.056 52616 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00130 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.057 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52617
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00131 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.058 52618 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00132 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.059 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52619
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00133 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.060 52620 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00134 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.061 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52621
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00135 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.062 52622 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00136 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.063 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52623
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00137 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.064 52624 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00138 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.065 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52625
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00139 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.066 52626 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00140 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.067 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52627
[FR Doc. 05–16389 Filed 9–1–05; 8:45 am] BILLING CODE 3510–22–C
VerDate Aug<18>2005 17:17 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00141 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 ER02SE05.068 Friday, September 2, 2005
Part III
Department of Commerce National Oceanic and Atmospheric Administration
50 CFR Part 226 Endangered and Threatened Species; Designation of Critical Habitat for 12 Evolutionarily Significant Units of West Coast Salmon and Steelhead in Washington, Oregon, and Idaho; Final Rule
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02SER3.SGM 02SER3 52630 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
DEPARTMENT OF COMMERCE v. NMFS (Civ. No. 03–1883)). In the Exclusions Based on ‘‘Other Relevant proposed rule, we identified a number Impacts’’ National Oceanic and Atmospheric of potential exclusions we were Impacts to Tribes Administration considering including exclusions for Impacts to Landowners With Contractual federal lands subject to the Pacific Commitments to Conservation 50 CFR Part 226 Exclusions Based on National Security Northwest Forest Plan, PACFISH and Impacts [Docket No. 030716175–5203–04; I.D. No. INFISH. We are continuing to analyze Exclusions Based on Economic Impacts 070303A] whether exclusion of those federal lands VI. Critical Habitat Designation is appropriate. VII. Effects of Critical Habitat Designation RIN 0648–AQ77 DATES: This rule becomes effective Section 7 Consultation January 2, 2006. Activities Affected by Critical Habitat Endangered and Threatened Species; Designation ADDRESSES: Comments and materials Designation of Critical Habitat for 12 VIII. Required Determinations Evolutionarily Significant Units of West received, as well as supporting IX. References Cited Coast Salmon and Steelhead in documentation used in the preparation I. Background and Previous Federal Washington, Oregon, and Idaho of this final rule, are available for public inspection by appointment, during Action AGENCY: National Marine Fisheries normal business hours, at the National Service (NMFS), National Oceanic and Marine Fisheries Service, NMFS, We are responsible for determining Atmospheric Administration, Protected Resources Division, 1201 NE whether species, subspecies, or distinct Commerce. Lloyd Blvd., Suite 1100, Portland, OR population segments of West Coast salmon and steelhead (Oncorhynchus ACTION: Final rule. 97232–1274. The final rule, maps, and other materials relating to these spp.) are threatened or endangered, and SUMMARY: We, the National Marine designations can be found on our for designating critical habitat for them Fisheries Service (NMFS), are issuing a website at http://www.nwr.noaa.gov/ under the ESA (16 U.S.C. 1531 et seq). final rule designating critical habitat for 1salmon/salmesa/crithab/CHsite.htm. To qualify as a distinct population segment, a West Coast salmon or 12 Evolutionarily Significant Units FOR FURTHER INFORMATION CONTACT: steelhead population must be (ESUs) of West Coast salmon (chum, Steve Stone at the above address, at substantially reproductively isolated Oncorhynchus keta; sockeye, O. nerka; (503) 231–2317, or Marta Nammack at from other conspecific populations and chinook, O. tshawytscha) and steelhead (301) 713–1401 ext. 180. represent an important component in (O. mykiss) listed as of the date of this SUPPLEMENTARY INFORMATION: designation under the Endangered the evolutionary legacy of the biological Species Act of 1973, as amended (ESA). Organization of the Final Rule species. According to agency policy, a The specific areas designated in the rule This Federal Register notice describes population meeting these criteria is text set out below include the final critical habitat designations for considered to be an Evolutionarily approximately 20,630 mi (33,201 km) of 12 ESUs of West Coast salmon and Significant Unit (ESU) (56 FR 58612; lake, riverine, and estuarine habitat in steelhead under the ESA. The pages that November 20, 1991). Washington, Oregon, and Idaho, as well follow summarize the comments and We are also responsible for as approximately 2,312 mi (3,721 km) of information received in response to designating critical habitat for species marine nearshore habitat in Puget proposed designations published on listed under our jurisdiction. Section 3 Sound, Washington. Some of the areas December 14, 2004 (69 FR 74572), of the ESA defines critical habitat as (1) designated are occupied by two or more describe any changes from the proposed specific areas within the geographical ESUs. The annual net economic impacts designations, and detail the final area occupied by the species at the time of changes to Federal activities as a designations for 12 ESUs. To assist the of listing, on which are found those result of critical habitat designation reader, the content of this document is physical or biological features that are (regardless of whether those activities organized as follows: essential to the conservation of the would also change as a result of the I. Background and Previous Federal Action listed species and that may require ESA’s jeopardy requirement) are II. Summary of Comments and special management considerations or estimated to be approximately $201.2 Recommendations protection, and (2) specific areas outside million. Fish and wildlife conservation Notification and General Comments the geographical area occupied by the actions for the Federal Columbia River Identification of Critical Habitat Areas species at the time of listing that are Power System and other major Economics Methodology essential for the conservation of a listed hydropower projects in the Pacific Weighing the Benefits of Designation vs. species. Our regulations direct us to Northwest are expected to generate Exclusion focus on ‘‘primary constituent another $500–700 million in annual Effects of Designating Critical Habitat elements,’’ or PCEs, in identifying these ESU-Specific Issues costs, including forgone power III. Summary of Revisions physical or biological features. Section revenues. While these hydropower IV. Methods and Criteria Used To Identify 7(a)(2) of the ESA requires that each projects are covered by ESA section 7, Critical Habitat Federal agency shall, in consultation the conservation actions that generate Salmon Life History with and with the assistance of NMFS, these costs are imposed by a wide Identifying the Geographical Area ensure that any action authorized, variety of laws. We solicited Occupied by the Species and Specific funded or carried out by such agency is information and comments from the Areas Within the Geographical Area not likely to jeopardize the continued public in an Advance Notice of Primary Constituent Elements (PCEs) existence of an endangered or Proposed Rulemaking (ANPR) and on Special Management Considerations or threatened salmon or steelhead ESU or Protections all aspects of the proposed rule. This Unoccupied Areas result in the destruction or adverse rule is being issued to meet the timeline Lateral Extent of Critical Habitat modification of critical habitat. Section established in litigation between NMFS Military Lands 4 of the ESA requires us to consider the and Pacific Coast Federation of Critical Habitat Analytical Review Teams economic impacts, impacts on national Fishermen’s Associations (PCFFA et. al V. Application of ESA Section 4(b)(2) security, and other relevant impacts of
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52631
specifying any particular area as critical announced that we would reassess the species at the time of listing? What habitat. listing status of these and other ESUs physical and biological features are The timeline for completing the (67 FR 6215; February 11, 2002). We essential to the species’ conservation? critical habitat designations described in recently published final listing Are those essential features ones that this Federal Register document was decisions for seven of the 13 ESUs and may require special management established pursuant to litigation extended the deadline for the Oregon considerations or protection? Are areas between NMFS and the Pacific Coast Coast coho salmon ESU and the five outside those currently occupied Federation of Fishermen’s Associations, ESUs of O. mykiss (70 FR 37160; June ‘essential for conservation’? What are Institute for Fisheries Resources, the 28, 2005). Final listing determinations the benefits to the species of critical Center for Biological Diversity, the for these six ESUs are expected by habitat designation? What economic and Oregon Natural Resources Council, the December 2005 (70 FR 37217 and other relevant impacts would result Pacific Rivers Council, and the 37219, June 28, 2005). However, the from a critical habitat designation, even Environmental Protection Information Consent Decree governing the schedule if coextensive with other causes such as Center (PCFFA et al.) and is subject to for our final critical habitat designations listing? What is the appropriate a Consent Decree and Stipulated Order requires that we complete final geographic scale for weighing the of Dismissal (Consent Decree) approved designations for those of the 13 ESUs benefits of exclusion and benefits of by the D.C. District Court. A complete identified above that are listed as of designation? What is the best way to summary of previous court action August 15, 2005. We are not issuing a determine if the failure to designate an regarding these designations can be final critical habitat designation for the area as critical habitat will result in the found in the proposed rule (69 FR Oregon Coast coho salmon ESU because extinction of the species concerned?’’ 74578; December 14, 2004). it is only proposed for listing at this We recognized that ‘‘[a]nswering these In keeping with the Consent Decree, time (70 FR 37217; June 28, 2005). In questions involves a variety of on December 14, 2004 (69 FR 74572), contrast, because anadromous forms biological and economic we published proposed critical habitat (i.e., ‘‘steelhead’’) of the five O. mykiss considerations’’ and therefore were designations for eight ESUs of salmon ESUs have been listed since 1997–1999 seeking public input before issuing a and five ESUs of O. mykiss. (For the (see summary in June 14, 2004 Federal proposed rule. As we stated in the latter ESUs we used the species’ Register notice, 69 FR 33103), we are proposed rule that followed: ‘‘We scientific name rather than ‘‘steelhead’’ now issuing final critical habitat received numerous comments in because at the time they were being designations for them in this notice in response to the ANPR and considered proposed for revision to include both accordance with the Consent Decree. them during development of this anadromous (steelhead) and resident We are able to do so because in proposed rulemaking. Where applicable, (rainbow/redband) forms of the developing critical habitat designations we have referenced these comments in species—see 69 FR 33101; June 14, for this species we have focused on the this Federal Register notice as well as 2004). The 13 ESUs addressed in the co-occurring range of both anadromous in other documents supporting this proposed rule were: (1) Puget Sound and resident forms. Therefore, both the proposed rule.’’ In the proposed rule, Chinook salmon; (2) Lower Columbia proposed and final designations were we described the methods and criteria River Chinook salmon; (3) Upper restricted to the species’ anadromous we applied to address these questions, Willamette River Chinook salmon; (4) range, although we did consider (but relying upon the unique life history Upper Columbia River spring-run did not propose to designate) some areas traits and habitat requirements of Chinook salmon; (5) Hood Canal occupied solely by resident fish (for salmon and steelhead. summer-run chum salmon; (6) Columbia In issuing the final rule, we example, areas above Dworshak Dam in River chum salmon; (7) Ozette Lake considered the comments we received Idaho). We focused on the co-occurring sockeye salmon; (8) Oregon Coast coho to determine whether a change in our range due to uncertainties about (1) the salmon; (9) Upper Columbia River O. proposed approach to designating distribution of resident fish outside the mykiss; (10) Snake River Basin O. critical habitat for salmon and steelhead range of co-occurrence, (2) the location mykiss; (11) Middle Columbia River O. was warranted. In some instances, we of natural barriers impassable to mykiss; (12) Lower Columbia River O. concluded based on comments received steelhead and upstream of habitat areas mykiss; and (13) Upper Willamette that a change was warranted. For proposed for designation, and (3) the River O. mykiss. The comment period example, in this final rule we have for the proposed critical habitat final listing status of the resident form. revised our approach to allow us to designations was originally open until Section 4(a)(3)(B) of the ESA provides consider excluding areas covered by February 14, 2005. On February 7, 2005 for the revision of critical habitat habitat conservation plans in those (70 FR 6394), we announced a court- designations as appropriate, and we will cases where the benefits of exclusion approved Amendment to the Consent do so if necessary after making final outweigh the benefits of designation. Decree which revised the schedule for listing determinations for those five O. In other instances, we believe the completing the designations and mykiss ESUs. Moreover, we intend to approach taken is supported by the best extended the comment period until actively review critical habitat and make available scientific information, and that March 14, 2005, and the date to submit revisions as needed for all 12 ESUs to given the time and additional analyses final rules to the Federal Register as keep them as up-to-date as possible. required, changes to the methods and August 15, 2005. Parties are encouraged to contact NMFS criteria we applied in the proposed rule In the critical habitat proposed rule if they have questions or need were not feasible. We recognize there we stated that ‘‘the final critical habitat additional information regarding these are other equally valid approaches to designations will be based on the final designations (see ADDRESSES). designating critical habitat and for listing decisions for these 13 ESUs due In an ANPR (68 FR 55926; September answering the myriad questions by June 2005 and thus will reflect 29, 2003), we noted that the ESA and its described above. Nevertheless, issuance occupancy ‘at the time of listing’ as the supporting regulations require the of the final rule for designating critical ESA requires.’’ All of these ESUs had agency to address a number of issues habitat for these ESUs is subject to a been listed as threatened or endangered before designating critical habitat: Court Order that requires us to submit between 1997–1999, but in 2002 we ‘‘What areas were occupied by the the final regulation to the Federal
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52632 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
Register no later than August 15, 2005, assessments (for example, revised fish plaintiffs as well as private citizens, less than five months after the close of distribution as well as conservation counties, farm bureaus, and state the public comment period. Taking value ratings) and helped to ensure that legislators in Washington—the original alternative approaches to designating the CHARTs’ revised findings (NMFS, 60-day public comment period was critical habitat would have required a 2005a) incorporated the best available extended by 30 days (70 FR 6394; retooling of multiple interrelated scientific data. We later solicited February 7, 2005) to allow additional analyses and undertaking additional technical review of the entire critical time for the public to submit comments new analyses in support of the final habitat proposal (biological, economic, on the critical habitat proposals. As rule, and was not possible given the and policy bases) from 45 independent required by the ESA, we also provided time available to us. We will continue experts selected from the academic and notice of these proposals to affected to study alternative methods and criteria scientific community, Native American Federal agencies, states, counties, and and may apply them in future tribal groups, Federal and state agencies, tribal governments. Further, we rulemakings designating critical habitat and the private sector. We also solicited provided notice of these proposals to for these or other species. opinions from three individuals with professional scientific organizations and economics expertise to review the draft media sources in Washington, Oregon, II. Summary of Comments and economics analysis supporting the and Idaho. Recommendations proposed rule. All three of the Additionally, we realize that the As described in agency regulations at economics reviewers and three of the statutory scheme provides a short time 50 CFR 424.16 (c) (1), in the critical biological reviewers submitted written frame for designating critical habitat. habitat proposed rule we requested that opinions on our proposal. We have Congress amended the ESA in 1982 to all interested parties submit written determined that the independent expert establish the current time frame for comments on the proposals. We also review and comments received designation. In doing so Congress struck contacted the appropriate Federal, state, regarding the science involved in this a balance between the recognition that and local agencies, scientific rulemaking constitute adequate prior critical habitat designations are based organizations, and other interested review under section II.2 of the OMB upon information that may not be parties and invited them to comment on Peer Review Bulletin (NMFS, 2005b). determinable at the time of listing and the proposed rule. To facilitate public We reviewed all comments received the desire to ensure that designations participation we made the proposed from the peer reviewers and the public occur in a timely fashion. Additionally, rule available via the internet as soon as for substantive issues and new the ESA and supporting regulations it was signed (approximately 2 weeks information regarding critical habitat for provide that designations may be prior to actual publication) and the various ESUs, and we address them revised as new data become available to accepted comments by standard mail in the following summary. Peer the Secretary. We recognize that where and fax as well as via e-mail and the reviewer comments were sufficiently the designation covers a large internet (e.g., www.regulations.gov). In similar to public comments that we geographic area, as is the case here, the addition, we held four public hearings have responded to their comments short statutory time frame provides a between January 11, 2005, and January through our general responses below. short period for the public to consider 25, 2005, in the following locations: For readers’ convenience we have a great deal of factual information. We Kennewick and Seattle, WA; Boise, ID; assigned comments to major issue also recognize that this designation and Portland, OR. We received a total of categories and where possible have takes a new approach by considering 5,230 written comments (5,111 of these combined similar comments into single relative conservation value of different in the form of e-mail with nearly comments and responses. areas and applying a cost-effectiveness identical verbiage) during the comment framework. In this notice we are Notification and General Comments period on the proposed rule. Three announcing our intention to consider comments dealt solely with Oregon Comment 1: Several commenters revising the designations as new habitat Coast coho salmon and are not raised concerns/complaints regarding conservation plans and other addressed in this rule. the adequacy of public notification and management plans are developed, and In December 2004, the Office of time to comment. as other new information becomes Management and Budget (OMB) issued Response: We made all reasonable available. Through that process we a Final Information Quality Bulletin for attempts to communicate our anticipate continuing to engage the Peer Review establishing minimum peer rulemaking process and the critical interested public and affected review standards, a transparent process habitat proposal to the affected public. landowners in an ongoing dialogue for public disclosure, and opportunities Prior to the proposed rule we published regarding critical habitat designations. for public input (70 FR 2664; January an ANPR in which we identified issues Comment 2: One commenter 14, 2005). The OMB Peer Review for consideration and evaluation, and disapproved of our decision to vacate Bulletin, implemented under the solicited comments regarding these the February 2000 critical habitat Information Quality Act (Pub. L. 106– issues and information regarding the designations for these ESUs. Another 554), is intended to provide public areas and species under consideration expressed the view that we should have oversight on the quality of agency (68 FR 55926; September 29, 2003). We focused only on completing an information, analyses, and regulatory considered comments on the ANPR economic analysis (which was lacking activities, and applies to information during our development of the proposed in the 2000 designations) rather than disseminated on or after June 16, 2005. rule. As soon as the proposed rule was revising the entire approach to Prior to publishing the proposed rule we signed on November 29, 2004 (2 weeks designation. submitted the initial biological before actual publication in the Federal Response: We believe that the issues assessments of our Critical Habitat Register), we posted it and supporting identified in a legal challenge to our Analytical Review Teams (CHARTs) to information on the agency’s internet site February 2000 designations warranted state and tribal comanagers and asked to facilitate public review, and we have withdrawing that rule. Moreover, we them to review those findings. These co- provided periodic updates to that site believe a new approach was needed, manager reviews resulted in several (see ADDRESSES). In response to unless we were to simply disregard the changes to the CHARTs’ preliminary numerous requests—in particular from economic analysis once it was
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52633
completed. Developing a cost- One commenter disagreed with our essential for the conservation of the effectiveness approach, designed to inclusion of hatchery fish in an ESU and species’’ (emphasis added). As achieve the greatest conservation at the argued that Congress had no intention of described in the proposed rule, and least cost, is in keeping with long- using critical habitat to afford protection documented in the reports supporting it, standing Executive direction on to artificial breeding facilities such as we have strictly applied this definition rulemaking and is a responsible and hatchery raceways. One commenter did and made the requisite findings. We conservation-oriented approach to not support the inclusion of resident requested and received comments on implementing section 4(b)(2) of the and anadromous O. mykiss in the same various aspects of our identification of ESA. In addition, we had new and better ESU. areas meeting this definition and information in 2004 than we had in Response: For reasons described address those here. Only those areas 2000, such as the state fish and wildlife above, we are subject to a Consent meeting the definition were considered agency data on fish distribution. The Decree to issue these final critical in the designation process. Comments ESA requires that we use the best habitat designations. Comments regarding the section 4(b)(2) process, in available information, and the regarding whether hatchery fish should which we considered the impacts of distribution data are the best be considered as part of an ESU are not designation and whether areas should information currently available. Finally, addressed in this document but are be excluded, are addressed in a the litigation challenging our 2000 related to issues discussed in our subsequent section. designation also challenged the lack of hatchery listing policy published on Comment 6: In the proposed rule we specificity in our designation of the June 28, 2005 (70 FR 37204), as well as considered occupied streams within a riparian area, leading us to consider a concurrent listing determination fifth field watershed (as delineated by whether there was a better approach notice (70 FR 37160, June 28, 2005). the U.S. Geological Survey) as the that was more consistent with our With respect to concerns about the ‘‘specific area’’ in which the physical or regulations and with the best available possible designation of hatchery biological features essential to information. This issue is discussed in raceways as critical habitat, we do not conservation of the ESUs were found. greater detail in a later response. believe that these and other manmade We also used these watershed Comment 3: Some commenters stated structures associated with the hatchery delineations as the ‘‘particular areas’’— that we should wait to publish final environment (such as rearing ponds, egg the analytical unit—for purposes of the critical habitat designations until after incubation trays, etc.) contain the section 4(b)(2) analysis. In the proposed final listing determinations have been requisite PCEs. rule we requested public comment on made and the final hatchery listing Comments regarding inclusion of whether considering exclusions on a policy is published. resident trout in O. mykiss ESUs are not stream-by-stream approach would be Response: The ESA states that the addressed in this document but are more appropriate. Two commenters Secretary shall designate critical habitat, related to issues discussed in our believed that the watershed scale was defined as areas within or outside the hatchery listing policy published on too broad for making critical habitat geographical area occupied by the June 28, 2005 (70 FR 37160). However, designations and suggested that a sixth species at the time of listing and using for reasons described earlier in this field watershed or a stream-by-stream the best available information (emphasis document, we are making final critical approach was more appropriate. One added). These designations follow that habitat designations for the anadromous commenter believed that we should statutory mandate and have been form of O. mykiss in five steelhead ESUs conduct a reach-by-reach assessment in completed on a schedule established because this life history form has been their particular watershed. under a Consent Decree. Also, the final listed since as early as 1997 (depending Response: Our ESA section 4(b)(2) hatchery listing policy and final listing on the ESU). This action is in keeping report (NMFS, 2005c) acknowledges determinations for several salmon ESUs with the Consent Decree which requires that the delineation of both specific were published on June 28, 2005 (70 FR us to designate critical habitat for all areas and particular areas should be as 37160 and 37204) in advance of the ESUs listed as threatened or endangered small as practicable, to ensure our completion of this final critical habitat as of August 15, 2005. We will revise designations are not unnecessarily designation. For reasons described the designations if appropriate broad and to carry out congressional above in the ‘‘Background and Previous following the final listing intent that we fully consider the impacts Federal Action’’ section, we are now determinations for these five ESUs. of designation. For reasons described in making final designations for those the section below on ‘‘Methods and listed salmon and steelhead ESUs in the Identification of Critical Habitat Areas Criteria Used to Identify Critical Northwest Region that are subject to the Comment 5: Several commenters Habitat,’’ we continue to believe that the Consent Decree and listed as of the date contended that we can only designate specific facts of salmon biology and life of this designation. areas that are essential for species history make the fifth field watershed an Comment 4: One peer reviewer conservation. appropriate scale to use in delineating disagreed with the agency’s approach to Response: Section 3(5)(A) of the ESA the ‘‘specific’’ areas in which physical identifying ESUs and, consequently, has a two-pronged definition of critical or biological features are found. We also found it very difficult to comment habitat: ‘‘(i) The specific areas within believe consideration of the impacts of objectively on the substance of the the geographical area occupied by the designation on a fifth field watershed critical habitat designations because species, at the time it is listed * * * on scale results in a meaningful section how NMFS identifies ESUs affects the which are found those physical or 4(b)(2) balancing process. Moreover, criteria one would develop to address biological features (I) essential to the congressional direction requires that critical habitat. Another commenter conservation of the species and (II) designations be completed in a very requested clarification regarding which may require special management short time frame by a specified whether listed hatchery fish will be considerations or protection; and (ii) deadline, ‘‘based on such data as may be considered genetically the same as wild specific areas outside the geographical available at that time.’’ Given that short fish and suggested a change in the ESU area occupied by the species, at the time time frame and the geographic extent of boundary between Lower Columbia and it is listed * * * upon a determination salmon critical habitat (approximately Middle Columbia River O. mykiss ESUs. by the Secretary that such areas are 29,000 stream miles), the fifth field
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52634 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
watershed was the smallest practicable 2000) while other commenters felt that limits’’ for the designation. The area we were able to analyze. our reference to habitat linkages with approach we used in 2000 used Comment 7: Some commenters upslope and upstream areas was vague subbasin boundaries to delineate believed we applied the definition of and wondered whether we were ‘‘specific areas,’’ which arguably met the ‘‘specific areas within the geographical actually using the old approach anyway. requirement to use ‘‘specific limits,’’ but area occupied by the species at the time Other commenters believed that using we believe using latitude-longitude it is listed’’ too narrowly. In their views, the line of ordinary high water or endpoints in stream reaches, as we have this led to two errors—failure to bankfull width was appropriate and done here, better adheres to the letter designate all ‘‘accessible’’ stream noted that this would remove prior and spirit of our regulations. reaches and failure to designate riparian ambiguities about which areas were With respect to our approach of and upstream areas. The argument designated. The U.S. Forest Service limiting the designation to the occupied raised in support of the first assertion is (USFS) commented that regardless of stream itself, not extending the that the ‘‘best scientific data available’’ the lateral extent designated, they designation into the riparian zone or support a conclusion that salmon and would continue to protect and restore upstream areas, we acknowledge that steelhead will occupy all accessible riparian and upslope areas in occupied our regulations contemplate situations streams in a watershed during a period and unoccupied watersheds. Other in which areas that are not literally of time that can be reasonably construed commenters supported the approach occupiable may nevertheless be as ‘‘at the time it is listed.’’ One taken in this designation, to identify designated. Section (d) of 50 CFR 424.12 commenter stated that ‘‘[w]hether a specific areas occupied by the species gives as an example a situation in which particular stream reach is occupied and not broadly designate ‘‘all areas areas upland of a pond or lake may be cannot be determined with certainty accessible,’’ some commenting that this designated if it is determined that ‘‘the based on ‘occupation’ data alone, was a more rigorous assessment and upland areas were essential to the especially for fragmented, declining, or more in keeping with the ESA. conservation of an aquatic species depressed populations of fish.’’ The located in the ponds and lakes.’’ For this Response: The approach we took in commenter pointed to the rationale designation, however, given the vast the proposed designation is different provided in our 2000 rule for amount of habitat under consideration from the approach we took in the identifying occupied areas as all areas (nearly 30,000 stream miles) and the vacated 2000 designation for a variety of accessible within a subbasin (a 4th field short statutory time frames in which to reasons. The ESA directs that we will watershed, using U.S. Geological Survey complete the designation, we could not terminology): ‘‘NMFS believes that use the best scientific data available in determine ‘‘specific limits’’ that would adopting a more inclusive, watershed designating critical habitat. Our allow us to map with accuracy what based description of critical habitat is regulations also provide direction: part of the riparian zone or upstream appropriate because it (1) recognizes the ‘‘[e]ach critical habitat will be defined area could be considered to contain species’ use of diverse habitats and by specific limits using reference points PCEs. As an alternative, we considered underscores the need to account for all and lines as found on standard the approach we used in 2000, which of the habitat types supporting the topographic maps of the area. * * * was to designate riparian areas that species’ freshwater and estuarine life Ephemeral reference points (e.g., trees, provide function, but concluded that stages, from small headwater streams to sand bars) shall not be used in defining approach may not have been entirely migration corridors and estuarine critical habitat.’’ (50 CFR 424.12(c)) consistent with the regulatory rearing areas; (2) takes into account the With respect to our approach for requirement to use ‘‘specific limits.’’ We natural variability in habitat use that identifying ‘‘the geographical area believe limiting the designation to makes precise mapping problematic occupied by the species,’’ we recognize streams will not compromise the ability (e.g. some streams may have fish present that the state fish and wildlife of an ESA section 7 consultation to only in years with abundant rainfall) (65 distribution data are limited to areas provide for conservation of the species. FR 7764; February 16, 2000).’’ that have been surveyed or where Section 7 requires Federal agencies to The argument raised in support of the professional judgment has been applied ensure their actions are not likely to second assertion is that in delineating to infer distribution, and that large areas destroy or adversely modify critical ‘‘specific areas within the geographical of watersheds containing fish may not habitat. Actions occurring in the area occupied by the species,’’ we need have been observed or considered. We riparian zone, upstream areas, or upland not confine ourselves to areas that are also recognize there have been many areas all have the potential to destroy or literally ‘‘occupiable’’ by the species. If instances in which previously adversely modify the critical habitat in there are physical or biological features unobserved areas are found to be the stream. Although these areas are not essential to conservation to be found occupied once they are surveyed themselves designated, Federal agencies within a broadly defined ‘‘geographical (NMFS, 2005a). Nevertheless, we must nevertheless meet their section 7 area occupied by the species,’’ we have believe the extensive data compiled by obligations if they are taking actions in the duty to delineate specific areas in a the state fish and wildlife agencies, these areas that ‘‘may affect’’ the way that encompasses them. Some which was not available when we designated critical habitat in the stream. argued that limiting the designation to completed the 2000 designations, Thus, although this designation is the stream channel fails to recognize the represents the best scientific data that is restricted to the stream itself, we will biological and hydrological connections currently available regarding the continue to be concerned about the between streams and riparian areas and geographical area occupied by the same activities we have emphasized in would lead to further degradation of the species. Moreover, the CHARTs the past decade of consultations. latter. Two commenters suggested that reviewed the data and had an Comment 8: Several commenters we use a fixed distance (e.g., 300 ft opportunity to interact with the state believed we incorrectly applied the (91.4m)) if a functional description is fish and wildlife biologists to confirm definition of ‘‘specific areas outside the not used. Some requested that we adopt the accuracy of the data. We also believe geographical area occupied by the the ‘‘functional zone’’ description for the approach we have taken in this species.’’ In the view of some, we failed lateral extent used in the 2000 designation better conforms to the our duty under the ESA by not making designations (65 FR 7764; February 16, regulatory direction to use ‘‘specific a determination that we had identified
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52635
as critical habitat enough areas our findings that these unoccupied areas considered their complex life cycle. As (occupied and unoccupied) to support proposed for designation are essential described in the ANPR and proposed conservation. In the view of others, it for conservation. We anticipate revising rule, ‘‘[t]his complex life cycle gives rise was this failure that led to one of the our critical habitat designations in the to complex habitat needs, particularly errors described in the previous future as additional information during the freshwater phase (see review comment—the failure to designate all becomes available through recovery by Spence et al., 1996).’’ We considered ‘‘accessible stream reaches.’’ Many planning processes (see Comment 12). these habitat needs in light of our commenters, without identifying the Regarding the concern about changing regulations regarding criteria for analytical flaw, expressed concern about the designation from ‘‘all areas designating critical habitat. Those statements made in the press that the accessible’’ to the delineation of stream criteria state that the requirements change from ‘‘all areas accessible’’ to reaches actually occupied, when we essential to species’ conservation areas documented as occupied led to a announced the proposal we stated that include such things as ‘‘space * * * 90-percent reduction in critical habitat. it represented a 90 percent reduction in [f]ood, water, air, light, minerals, or Other commenters supported the stream miles designated. The facts are other nutritional or physiological approach taken in this designation, to more complicated. In those subbasins requirements. * * * cover or shelter.’’ identify specific areas occupied by the where we designated all areas accessible They further state that we are to focus species and not broadly designate ‘‘all below dams and long-standing natural on the ‘‘primary constituent elements’’ areas accessible,’’ some commenting barriers, there are approximately such as ‘‘spawning sites, feeding sites, that this was a more rigorous assessment 127,000 miles (204,400 km) of streams. * * * water quality or quantity,’’ etc. In and more in keeping with the ESA. A large proportion of these stream miles the ANPR and proposed rule we Response: Section 3(5)(A)(i) of the are not and have never been identified the features of the habitat that ESA requires us to identify specific ‘‘accessible’’ to salmon and steelhead. In are essential for the species to complete areas within the geographical area 2000, when we designated all areas each life stage and are therefore occupied by the species that contain accessible, however, we created an essential to its conservation. We physical or biological features that may impression that every mile of stream in described the features in terms of sites require special management these subbasins was designated. We did (spawning, rearing, migration) that considerations or protection. Section not have information at that time, nor contain certain elements. We disagree 3(5)(A)(ii) requires that specific areas do we presently have information, that with the peer reviewer that rearing and outside the geographical area occupied allows us to quantify exactly how many migration habitat is not ‘‘essential to the by the species only fall within the stream miles may be ‘‘accessible’’ and conservation of the species’’ or that it is definition of critical habitat if the therefore how much of a reduction this not possible to determine where those Secretary determines that the area is rule represents over what may have areas are. The peer reviewer’s essential for conservation. Our been designated in the 2000 rule. contention that rearing and migration regulations further provide that we will Although we acknowledge it is a sites do not require ‘‘additional designate unoccupied areas ‘‘only when reduction, it is far less than a 90-percent protections’’ is discussed in a separate a designation limited to [the species’] reduction and we regret any confusion comment and response. present range would be inadequate to our statements may have created. Regarding one commenter’s point, we ensure the conservation of the species Comment 9: Some commenters have sought to verify the presence of (50 CFR 424.12(e)).’’ The ESA requires (including one peer reviewer) the Secretary to designate critical questioned the adequacy of our fish and of PCEs with the relevant state, habitat at the time of listing. If critical identification of PCEs, in particular the tribal, or Federal biologists for each habitat is not then determinable, the lack of specificity. The peer reviewer specific area. Before publishing the Secretary may extend the period by 1 agreed that spawning areas were proposed rule we provided the CHART year, ‘‘but not later than the close of essential habitat features but did not reports to the state fish and wildlife such additional year the Secretary must believe that the others were because agencies for review, and again during publish a final regulation, based on such they are large and spread out or it is the comment period. We held further data as may be available at that time, unclear what additional protections are discussions with them where questions designating, to the maximum extent needed. One commenter noted that it is were raised. Also to clarify the point prudent, such habitat.’’ difficult using the state fish and wildlife raised by this commenter regarding our At the present time, we do not have agency data to pinpoint PCEs with description of the nearshore PCE, by information allowing us to determine accuracy and that ‘‘[s]ome of this free of obstruction we were referring to that the specific areas within the information may require additional various manmade in-water structures geographical area occupied by the review, field verification, or placed in nearshore areas (such as species are inadequate for conservation, confirmation by local sources such as seawalls, jetties, tide gates) that modify such that unoccupied areas are essential Oregon Department of Fish and Wildlife or simplify the habitat and restrict or for conservation, aside from the three biologists.’’ With respect to one impede the nearshore movements of areas designated for Hood Canal particular PCE, this commenter pointed salmon. In contrast, natural features summer-run chum. In this case, we were out: ‘‘For example, PCE 5 (nearshore identified with this PCE, such as aquatic able to determine that these specific marine areas free of obstruction) vegetation, large wood and rocks, areas are essential for conservation includes an element of ‘‘natural cover provide important cover to salmon and because summer-run chum have such a such as submerged and overhanging steelhead migrating and foraging in the restricted geographic area, there is a large wood, aquatic vegetation, large nearshore area. local recovery plan that has been in rocks and boulders and side channels. It Comment 10: Some commenters place for several years, and conservation is not clear how nearshore marine areas believed it was inappropriate to hatchery fish are currently being free of obstruction would possess these designate critical habitat in irrigation released in these areas in an effort the features.’’ returns, drains, or wasteways because recovery plan finds is essential for Response: To determine the physical these are not natural waterbodies and conservation of this ESU. We received or biological features essential to were not historically occupied. They no comments specifically questioning conservation of these ESUs, we first argue that critical habitat must be
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52636 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
limited to areas that were historically aware of any published scientific discussed previously, made such an occupied by the species. studies or other convincing evidence approach impractical for this Response: The ESA defines critical indicating bull trout predation is the rulemaking, as noted in Section I above. habitat as ‘‘(i) the specific areas within leading cause in the decline of other While there are other equally valid the geographical area occupied by the native or introduced species.’’ If methods for identifying areas as critical species, at the time it is listed *** on evidence to the contrary becomes habitat, we believe that the watershed which are found those physical or available then we will work with the scale is an appropriate scale for biological features * * * essential to the USFWS to assess and address the identifying specific areas for salmon and conservation of the species’’ (emphasis conservation risks. steelhead, and for then determining added). The statute does not limit Comment 12: In the proposed rule we whether the PCEs in these areas may designation to areas that were requested comments on the extent to require special management historically occupied. In some cases the which specific areas may require special considerations or protections. We will historically occupied habitat may be management considerations or continue to study this issue and unavailable or too degraded to support protection in light of existing alternative approaches in future the species, in which case newly created management plans. Several commenters rulemakings designating critical habitat. habitat may be the most suitable habitat stated that lands covered by habitat Comment 13: One commenter stated available. Moreover, some of these conservation plans or other management that we could not designate any comments were directed at waterways or regulatory schemes do not require unoccupied areas if we had excluded that were historically occupied, have special management considerations or any occupied areas, relying on the not been occupied in recent decades protection. Others commented that even regulatory provision cited in a previous because of habitat degradation, but now where management plans are present, comment and response. The commenter may be occupied because of habitat there still may be ‘‘methods or also asserted that reducing harvest of restoration or increased water quantity. procedures useful’’ for protecting the listed species would allow more habitat In light of comments received on habitat features. to be fully seeded and thereby also specific waterways, we asked the Response: The statutory definition reduce the amount of habitat needed for CHARTs to review them and confirm and our regulations (50 CFR 424.02; designation as critical habitat. their determination that the areas were 424.12) require that specific areas Response: The first comment assumes occupied and contained the PCEs, and within the geographical area occupied that all habitat areas are equivalent and that the PCEs may require special by the species must contain ‘‘physical or exchangeable, which they are not. An management considerations or biological features’’ that are ‘‘essential to area may be essential for conservation protection. During our final review of the conservation of the species,’’ and because it was historically the most occupied stream reaches we found areas that ‘‘may require special management productive spawning area for an ESU in four watersheds where the PCEs were considerations or protection.’’ As and unless access to it is restored, the either entirely lacking or were so described in the proposed rule, and ESU will not fully recover to the point degraded as to be functionally documented in the reports supporting it, that the protections of the ESA are no nonexistent, and so removed them from we first identified the physical or longer necessary. This area will be consideration as critical habitat. biological features essential to essential regardless of whether some Comment 11: One peer reviewer conservation (described in our other specific area has been excluded. noted that introduced predatory fishes regulations at 50 CFR 424.12(b)(5) as The second comment reflects the view should be identified as having a ‘‘primary constituent elements’’ or that if mortality of listed fish can be significant impact on critical habitat. PCEs). We next determined the ‘‘specific reduced in some life stage outside the Another wondered how we were areas’’ in which those PCEs are found spawning grounds, then less spawning dealing with listed bull trout eating based on the occupied stream reaches habitat will be needed to support listed steelhead. within a fifth field watershed. We used recovery. This comment could apply Response: We agree that predators, this watershed-scale approach to equally to any activity that affects fish both exotic and native, can have an delineating specific areas because it is survival, not just harvest in fisheries (for impact on listed salmon and steelhead relevant to the spatial distribution of example, mortality of fish passing and initially considered the absence of salmon and steelhead, whose innate through dams). An increased number of predators as a potential PCE. However, homing behavior brings them back to returning adults would not necessarily after reviewing our regulations at 50 spawn in the watersheds where they result in a decreased need for critical CFR 424.12 we concluded that they are were born (Washington Department of habitat. Healthy salmon ESUs rely for not one of the ‘‘principal biological or Fisheries et al., 1992; Kostow, 1995; their long-term survival on the physical constituent elements within McElhany et al., 2000). We then abundance, productivity, spatial the defined area that are essential to the considered whether the PCEs in each distribution and diversity of their conservation of the species.’’ We specific area (watershed) ‘‘may require constituent populations. Well- recognize that these predators can have special management considerations or distributed habitat of high enough negative impacts on native fishes and in protection.’’ quality to ensure productivity across 1998 co-chaired a workshop to assess We recognize there are many ways in cycles of varying ocean survival will these impacts (NMFS and Oregon which ‘‘specific areas’’ may be remain important to salmon Department of Fish and Wildlife delineated, depending upon the biology conservation, regardless of whether (ODFW), 1998). As a result, we have of the species, the features of its habitat fewer salmon are harvested or suffer been working with state and Federal co- and other considerations. In addressing from other forms of human-induced managers to address this issue, in these comments, we considered whether mortality (McElhany et al., 2003). particular via harvest regulations for to change the approach described in our Comment 14: Several commenters introduced fishes. Regarding predation proposed rule and instead delineate supported the designation of by bull trout (a native species), we specific areas based on ownership. The unoccupied areas above dams and some concur with conclusions made by the myriad ownerships and state and local believed that by not designating these U.S. Fish and Wildlife Service (USFWS) regulatory regimes present in any areas we will make it more difficult to in a recent final rule: ‘‘[W]e are not watershed, as well as the timing issues achieve fish passage in the future. They
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52637
further noted that excluding these natural population fluctuations and commenter was accurate, we accepted it presently blocked areas now may habitat alterations that affect as the best available information and promote habitat degradation that will accessibility or condition (e.g., de- adjusted our designation. We view hinder conservation efforts should watering stream reaches). These designation of critical habitat as an passage be provided in the future. commenters also argued that defining ongoing process and expect to adjust the Several commenters identified areas occupied reaches should be based on a designations as necessary as new above specified dams as being essential broad time scale that takes into account information or improved methods for conservation. metapopulation processes such as local become available. Response: At the present time, we do extinction and recolonization, adding Comment 16: Several comments not have information allowing us to along with other commenters that many addressed the proposed designation of determine that the specific areas within streams have not been adequately nearshore habitats in Puget Sound, the geographical area occupied by the surveyed and species may frequent including the lateral extent of these species are inadequate for conservation, stream reaches but not actually be areas. In the proposed rule we described such that we can make a determination observed by a biologist at the time that this extent as the area inundated by that currently unoccupied areas above critical habitat is being assessed. extreme high tide but requested dams are essential for conservation. Response: We relied on data provided comments on whether ordinary high With respect to the particular dams by state fish and wildlife agencies as water line may be more appropriate to identified by the commenters, the well as the USFS and Bureau of Land use in estuarine and nearshore marine areas. We also noted that these zones Northwest region is actively involved in Management to determine which a multi-year, large-scale recovery may be excluded from critical habitat if specific stream reaches were occupied planning effort that involves scientific the benefits of exclusion outweigh the by each ESU. The data sets we relied on teams (called technical recovery teams benefits of designation. Most to define occupancy reported or TRTs), which identify biological commenters on this issue supported the distribution based on two general recovery goals, and policy teams, who designation of nearshore areas (in categories: (1) Field observations based actively work with local planning particular the shoreline of Vashon and on stream surveys or (2) professional groups to identify actions to achieve Maury islands) and using the line of judgment based on the expert opinion of those goals. These local recovery efforts extreme high water as the lateral extent, area biologists. We reviewed other are developing information which will although one commenter requested that classifications used in these data sets, be important to inform decisions about we extend the lateral extent landward to whether unoccupied habitat will be such as ‘‘potential,’’ suitable habitat include riparian and other areas, such as needed to facilitate conservation beyond blocked, disputed, unknown, and backshores and bluffs, affecting the what is currently occupied, and this historic, but determined that areas nearshore zone. One commenter noted work is part of our ongoing effort to classified as such were not suitable for that flooding events cause vegetation work with and seek input from those defining occupancy. Depending on the changes and debris movement stakeholders directly affected by the source, each used similar criteria for the important to salmon, and some salmon listings. We accepted the first judgment that an unobserved area had commented that development in this partial local recovery plan developed fish present. For example, in Oregon zone (bulkheads, seawalls, levees, etc.) under this effort in March and there are streams considered occupied needs to be addressed. Others noted that anticipate receiving several more by the based on ‘‘strong’’ or ‘‘modest’’ this zone is also important spawning end of the year. Until those processes professional opinion, while in habitat for forage fishes and provides are more fully developed, we cannot Washington similar data are classified both aquatic and terrestrial invertebrate make the specific determinations as ‘‘presumed’’ (NMFS, 2005a). In all prey. One commenter requested that we required under the ESA to designate cases the exercise of professional extend the designated nearshore zone critical habitat in ‘‘unoccupied’’ areas judgment included the consideration of westward to include all shallow waters except for in the few noted instances habitat suitability for the particular in the Strait of Juan de Fuca while (see Comment 7). We use our authorities species. Each agency’s data set was another requested that we continue to under the ESA and other statutes to compiled using input principally from research whether other marine areas advocate for salmon passage above state, Federal, and tribal biologists. In a warrant designation. One commenter impassible dams where there is few cases the data identify streams noted that excluding these nearshore evidence such passage would promote where local biologists (e.g., private zones would contradict the CHART conservation. This is not the same, consultants for a county or watershed findings which identified them as high however, as making the determinations group) had survey data or expertise, and conservation value rearing and required by the statute and our the state incorporated the data after its migration areas. In contrast, one regulations to support designation. own review. Federal biologists on the commenter asserted that there is a lack Comment 15: In the proposed rule we CHARTs reviewed these data, relying on of science to support designating requested comments regarding the use their first-hand knowledge and nearshore zones as critical habitat. of professional judgment as a basis for experience with the watersheds as well Response: We believe that the best identifying areas occupied by the as a variety of published and available scientific data support a species. One commenter indicated that unpublished reports (e.g., watershed designation of nearshore zones in Puget it was appropriate to accept the analyses and recent field survey Sound. This unique, fjord-like professional judgment of fish biologists reports). When questions arose about a ecosystem contains a variety of habitats who are most familiar with fish habitat particular site, we reconfirmed the data with physical or biological features within a watershed. Others believed that with the state, tribal, or Federal essential to Chinook and chum salmon limiting the definition of occupied biologist(s) familiar with the area. We conservation, ranging from deep water stream reaches to only those where fish received several comments on our habitats used by subadult and adults for presence has been observed and proposed rule regarding the accuracy of migration and foraging to shallow documented is overly narrow and fails the distribution data in specific nearshore areas important for juvenile to consider a number of conditions that locations and, where we could confirm rearing and for migration. In the 2000 affect species distribution, including that the information provided by the critical habitat designations we
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52638 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
designated all marine areas of Puget high tide (e.g., bluffs) have a major connectivity, etc. We recognize that Sound (as well as a lateral extent influence on the high intertidal zone salmon habitat is dynamic and that our defined by riparian function) adopting and that activities in this zone could present understanding of areas an approach that mirrored our adversely modify adjacent designated important for conservation will likely designation of all areas accessible in areas. However, for the reasons change as recovery planning sheds light fresh water. However, since then we described in our response to riparian on areas that can and should be have revised our approach to be more zones we have not designated areas protected and restored. We intend to definite about which specific areas beyond extreme high tide. actively update these designations as contain physical or biological features Comment 17: Several comments needed so that they reflect the best essential to conservation, and that may addressed the CHART process although available scientific data and require special management few recommended changes to the understanding. considerations or protection and thus CHARTs’ ratings of watershed Comment 18: Two commenters warrant designation as critical habitat. conservation values. Several questioned why only Federal biologists While all waters of Puget Sound can commenters supported the process served on the CHARTs, one noting that be occupied by salmon, we have far used, in particular the recognition that including other non-Federal biologists greater certainty that the nearshore areas not all habitats have the same would have increased the CHARTs’ associated with the photic zone are both conservation value for an ESU and that knowledge base. One commenter also occupied and contain essential features this in turn allows for a more suggested improving the CHART that may require special management meaningful exclusion assessment under process by assembling multiple teams of considerations or protection. In terms of section 4(b)(2) of the ESA. One peer independent scientists and comparing occupation, it is well documented that reviewer agreed with the CHART’s their results with the existing CHART juvenile salmon leaving their natal recognition of the importance of conclusions. streams typically stay in nearshore areas connectivity when identifying critical Response: The CHARTs consisted of where they depend on a photic-based habitat, and emphasized that protecting over 65 Federal biologists from NMFS, food web of plankton and other upstream areas accrues benefits to USFWS, and BLM, and were all well- invertebrates (Pacific Fishery downstream areas. One commenter qualified to conduct critical habitat Management Council, 1999). While the contended that the CHART assessments assessments. Nearly all of the biologists photic zone layer is present throughout were compromised by restricting them have had first hand experience with Puget Sound, it only penetrates to the to consider only the stream channel ESA, in particular implementation of bottom in nearshore areas to a depth of rather than upslope areas as well. One section 7 in the areas evaluated and approximately 30 meters (Williams et commenter and a peer reviewer noted have knowledge of the existing al., 2001). We have defined the PCEs for the lack of emphasis on the dynamic, management plans and protections. We nearshore marine areas as being free of process-based character of salmonid recognize that numerous other non- obstruction with water quality and habitat and suggested that we adopt a Federal biologists have great experience; quantity conditions and forage, model of species persistence across the however, including them would have including aquatic invertebrates and landscape and incorporating potentially triggered the requirements of fishes, supporting growth and metapopulation considerations to the Federal Advisory Committee Act maturation; and natural cover such as identify critical habitat. (FACA), which include chartering a submerged and overhanging large wood, Response: The CHART process was an committee. We were concerned that the aquatic vegetation, large rocks and important part of our analytical FACA’s procedural requirements would boulders, and side channels. This area framework in that it allowed us to have prevented our timely compliance is also the zone containing important improve our analysis of the best with the existing Consent Decree. As marine vegetation and cover (e.g., available scientific data and to provide noted in the proposed rule, we sought eelgrass meadows and kelp forests) and watershed-specific conservation ratings state and tribal co-manager review of the in which salmon forage species reside useful for the Secretary’s exercise of initial CHART findings and believe that (e.g., surf smelt and sand lance) (Puget discretion in balancing whether the opportunity for notice and comment on Sound Water Quality Action Team, benefits of exclusion outweigh the our proposed rule has provided the 2000 and 2002). Activities potentially benefits of designation under section opportunity for all biologists interested affecting PCEs in this zone include the 4(b)(2) of the ESA. We do not believe in these designations to provide their construction of overwater structures that designating only the stream channel expertise. (e.g., docks and piers), dredging and compromised the CHARTs’ ability to Comment 19: Some commenters bank armoring (Puget Sound Water assess watershed conservation values. wondered whether the CHARTs Quality Action Team, 2002). As noted in the CHART report (NMFS, considered the work of the various Similarly, we believe that the lateral 2005a), the CHARTs employed a scoring Technical Recovery Teams (TRTs), and extent of critical habitat in nearshore system to assess—among other area one commenter contended that the marine areas is best described in terms characteristics—the quality, quantity, CHART assessments should be reviewed of tidal fluctuations that govern the and distribution of PCEs within a by the TRTs. One commenter asked how areas occupied by salmon. We believe watershed. The PCEs we have defined conservation genetic concepts were that the area inundated by extreme high for these ESUs are found within incorporated into the designations. tide is an appropriate delineation for the occupied stream channels and therefore Response: We solicited participation landward extent of critical habitat it is appropriate to focus our assessment and input from the various TRTs and because it represents a regularly- on those areas. That said, the CHART salmon recovery coordinators. Given occurring intertidal fringe that is scoring did include a factor related to their priorities (i.e., providing crucial recognizable (e.g., vegetation and the potential improvement of existing recovery planning criteria and landform changes), and contains and PCEs and thereby allowed the CHARTs guidance), and the time constraints influences PCE elements such as large to consider the ability of the watershed under which we needed to complete the wood, rocks and boulders, and aquatic to contribute PCEs via natural processes critical habitat assessments, not all of vegetation. We recognize that other such as recruitment of large wood and the TRT members were able to areas landward of the line of extreme substrate, flow regulation, floodplain participate on the CHARTs. However,
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52639
each CHART did receive valuable overestimates the actual costs of the rule uncertain, we considered it as an ESA support and input from at least one TRT by including costs that should be section 7 impact and examined the scientist or recovery coordinator both attributed to the baseline. For example, record of consultations with the affected during the course of CHART commenters asserted that costs agencies and based our analysis on the deliberations as well as informally on associated with listing and application habitat protection measures routinely numerous occasions where we needed of the jeopardy requirement should not incorporated into the consultations. The up-to-date information to support be included in the analysis. economic analysis therefore assumes CHART assessments. Therefore we Commenters also asserted that costs that that the impacts of these types of habitat believe that we have been able to would have occurred under PACFISH, protection measures are attributable to integrate much of the TRT findings into INFISH, or the Northwest Forest Plan the implementation of section 7. In our final critical habitat designations. should be excluded from the analysis. these instances, to the extent that These findings include population One commenter also stated that costs conservation burdens on economic identification and viability criteria associated with existing critical habitat activity are not, in fact, resulting from (McElhany et al., 2000; NMFS, 2001; designations for salmon or other section 7 consultation, the economic Interior Columbia Basin Technical endangered species should be analysis may overstate costs of the Recovery Team, 2003; McElhany et al., considered baseline impacts. designation. We took this possibility 2003; Myers et al., 2003; McClure et al., Response: Regarding costs associated into account in conducting the 4(b)(2) 2005) which incorporate conservation with listing and application of ESA balancing of benefits. Conservation genetic concepts and in turn aided the section 7’s jeopardy requirement, the efforts clearly engendered by other CHART’s assignment of watershed economic analysis follows the direction regulations are included in the conservation values. We recognize that of the New Mexico Cattlegrowers regulatory baseline. For example, recovery planning is an ongoing process decision, in which the Court of Appeals Federal lands management activities in and that new information from the TRTs for the Tenth Circuit called for ‘‘a full the Northwest Forest Plan planning area and recovery planning stakeholders may analysis of all of the economic impacts are affected by PACFISH. As a result, result in changes to our critical habitat of a critical habitat designation, some projects that would have affected assessments and we can and will make regardless of whether those impacts are salmon habitat will not be proposed, needed adjustments in the future. attributable coextensively to other and therefore will not be subject to Comment 20: Two commenters causes (New Mexico Cattle Growers’ section 7 consultation. These changes in requested that we provide maps that Association v. U.S. Fish and Wildlife projects are considered baseline and are show both designated and excluded Service, 248 F.3d 1277, 10th Cir. 2001). not included as a cost of section 7 in the areas. Another noted that it would be Consistent with this decision, the economic analysis. helpful to provide the stream length economic analysis includes incremental Commenters correctly note that there mileages to describe the areas impacts, those that are solely are designations currently in place designated. attributable to critical habitat protecting critical habitat for salmon, Response: To avoid confusion in this designation and would not occur specifically those in the Snake River Federal Register notice—which is without the designation, as well as Basin. We acknowledged this in our limited to black and white graphics—we coextensive impacts, or those that are proposed rule, but also noted that the have only depicted designated stream associated with habitat-modifying presence of those existing designations reaches in this document. However, we actions covered by both the jeopardy weighs equally on both sides of the have made color maps depicting and adverse modification standards 4(b)(2) balance—that is, the existing designated and excluded reaches under section 7 of the ESA. This designations also could be considered as available in documents via the internet overestimate of costs does not bias our part of the baseline for determining the (see ADDRESSES). Also, while we 4(b)(2) balancing for two reasons. On the benefit of designation for the ESUs recognize the utility of providing stream ‘‘benefit of designation’’ side of the addressed in the present rule. This mileages, we have instead relied on balance, we consider the benefit of concern is also addressed by the cost- defining designated stream reaches designation to be the entire benefit that effectiveness approach we have adopted using endpoints (i.e., latitude and results from application of section 7’s since it relies on relative benefits of longitude coordinates) because they are requirements regarding adverse designation and exclusion rather than not subject to the potentially large errors modification of critical habitat, absolute benefits. associated with estimating mileages at regardless of whether application of the Comment 22: One commenter and one varying map scales. However, the jeopardy requirement would result in peer reviewer noted that the economic CHART report (NMFS, 2005a) does the same impact. Moreover, the cost- analysis assigns costs to all activities contain larger scale maps that may be effectiveness approach we have adopted within the geographic boundary of the easier for estimating stream mileages, allows us to consider relative benefits of watersheds, though not all activities in and we have also made geographic designation or exclusion and prioritize this area will lead to an ESA section 7 information systems (GIS) data available for exclusion areas with a relatively low consultation or are equally likely to via the internet (see ADDRESSES) to conservation value and a relatively high have economic impacts. By doing this, further facilitate viewing the geographic economic cost. With such an approach the agency assumed that if the stream extent of these designations. it is most important that we are reaches currently occupied by salmon Landowners can (and did in the course confident our analysis has accurately were designated as critical habitat, then of evaluating our proposal) use these captured the relative economic impacts. activities throughout the watershed resources to determine if their land is We believe it has. would be affected, whether or not they designated critical habitat or can contact In many cases, the protections are adjacent to critical habitat stream us for assistance (see FOR FURTHER afforded by PACFISH, the Northwest reaches. INFORMATION CONTACT). Forest Plan and other regulations are Response: It is possible for activities intertwined with those of section 7. In not directly adjacent to the proposed Economics Methodology cases in which the specific regulation or streambanks to affect salmon and Comment 21: Several commenters initiative driving the salmon and steelhead or their habitat, for example, stated that the economic analysis steelhead conservation efforts is by increasing risk of erosion or
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52640 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
decreased water quality, and may nearby watersheds, and exclusion of the analysis of all of the economic impacts therefore be subject to consultation and impact-causing watershed would of a critical habitat designation, modification. Thus, the watersheds remove those economic impacts from regardless of whether those impacts are represent a reasonable proxy for the the region, the economic analysis attributable coextensively to other potential boundary of consultation appropriately assigns the total cost causes.’’ (emphasis added) The activities. In some cases the revised impact to the impact-causing watershed. economic analysis conducted for this economic analysis applies costs less This method of assigning impacts is rule evaluates direct costs associated broadly by refining the geographic scale most useful to us in deciding the with the designation of critical habitat for certain activities. For example, the relative cost-effectiveness of excluding and includes: (1) Direct coextensive analysis of pesticide impacts and the particular areas from critical habitat impacts, or those that are associated analysis of potential impacts on Federal designation. As we acknowledge in with habitat-modifying actions covered lands management activities and NMFS 2005d, the economic analysis by both the jeopardy (listing) and Federal grazing activities have been does not explicitly analyze the potential adverse modification (critical habitat) refined and are now calculated based on for these regional interactions to standards; and (2) direct incremental stream mile estimates within a introduce cumulative economic impacts, or those that are solely watershed. impacts. Data are not available to attributable to critical habitat Comment 23: One commenter support such an effort, nor would the designation. asserted that the draft report inflates its results necessarily be applicable at the We acknowledge that designation of cost estimates by repeatedly choosing level of a particular watershed. If these critical habitat may also trigger the high-end of a range of costs, while impacts in fact exist, our results are economic impacts outside of the direct a peer reviewer suggested that using the likely to be biased downward, in that effects of section 7 or outside of the mid-range as a representative cost we have likely underestimated the costs watersheds subject to the economic estimate was problematic. of critical habitat designation at the analysis. For example, state Response: In determining likely costs level of the ESU. At the level of a environmental laws may contain associated with modifications to watershed, however, the potential error provisions that are triggered if a state- activities to benefit salmon and is smaller. For this reason, we do not regulated activity occurs in Federally- steelhead, the economic analysis believe the lack of a regional modeling designated critical habitat. Another identifies a range of costs using framework introduces a significant bias possibility is that critical habitat available data from, for example, agency into the results for particular designation could have ‘‘stigma’’ effects, budgets, documented conversations watersheds. or impacts on the economic value of with stakeholders, and published Comment 25: Several commenters private land not attributable to any literature. The full range of costs of stated that the economic analysis direct restrictions on the use of the land. these activities is presented in the underestimates the actual costs of the Our economic analysis did not reveal economic analysis and individual rule by excluding several categories of significant economic impacts from watersheds are generally ranked in costs from the estimates. One stigma effects for the designation of terms of cost impact by the midpoint of commenter stated that the New Mexico salmon and steelhead. Further, the cost range, as opposed to the high Cattlegrowers decision specifically significant impacts of critical habitat on end. While we recognize that a formal requires a full analysis of all impacts, an industry may lead to broader regional sample of projects costs based on the including those resulting from the economic impacts. All of these types of consultation record or other sources is species’ listing. One commenter impacts are considered in the analysis, a better approach in theory, available requested that assessment of impacts although it was not possible to estimate data did not allow such an approach. In stemming from activities occurring quantitative impacts in every case. We gathering the cost information that was outside the designated area should be took these considerations into account available, we avoided using outliers and included, including indirect and in balancing benefits under section sought to construct a typical range of regional impacts. Another commenter 4(b)(2). costs. stated that the analysis should consider We acknowledge that designation of Comment 24: Some commenters direct, indirect, and induced economic critical habitat may also trigger impacts asserted that the economic analysis fails impacts including: Changes in property on customs, culture, or other wildlife to account for regional economic values, property takings, water rights species. We concluded that data were interactions between watersheds. One impacts, business activity and potential not presently available that would allow commenter stated that this would result economic growth, commercial values, us to quantify these impacts, at the scale in an overstatement of the costs, while county and state tax base, public works of this designation, for the economic other comments state that this would project impacts, disproportionate analysis. Our analysis was further underestimate the costs. One peer economic burdens on society sections, circumscribed by the short time frames reviewer suggested using regional impacts to custom and culture, impacts available, and our primary focus on economic models to address these to other endangered species, conservation benefits to the listed interactions. environmental impacts to other types of species that are the subject of this Response: We acknowledge that wildlife, and any other relevant impact. designation. We took this limitation into modifications to economic activities One comment more specifically noted account in the balancing of benefits within one watershed may affect that the economic analysis of impacts under section 4(b)(2). economic activities in other watersheds. on dredging activities did not take into Comment 26: Some commenters The economic analysis discusses the account the potential impact on the expressed concern that the economic potential for regional economic impacts barging industry, or how the nation’s analysis does not address cumulative associated with each of the potentially trade balance would be impacted if costs of multiple layers of regulation on affected activities. Impacts are assigned farmers lose or have less ability to ship economic activities. to particular areas (watersheds) based grain and other products on barges. Response: Our economic analysis on where they are generated as opposed Response: As noted in a previous estimates costs associated with to felt. That is, if the designation of a response, the Court in the New Mexico conducting an ESA section 7 watershed causes impacts in multiple Cattlegrowers decision called for ‘‘a full consultation to ensure Federal agency
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52641
actions are not likely to destroy or on activities that were subject to costs in any given watersheds will not adversely modify critical habitat. We previous consultation to ensure that the likely result in the same relative did not have information available at adverse modification requirement is economic burden to residents of those the scale of this designation to addressed in addition to the jeopardy watersheds. This is because the ratio of determine the marginal cost or benefit of requirement. The economic analysis costs of the designation to income may such a consultation, in addition to any estimates the level of administrative vary across watersheds. In lower income state or local review that may occur, nor effort associated with section 7 areas, the cost of implementing did the commenter provide data that consultations, whether those modifications to projects for the benefit would allow us to make such a consultations concern a new activity or of the salmon may be more burdensome determination. readdress the impacts of a previously relative to higher income areas. We did Comment 27: One commenter stated reviewed activity. The revised economic consider the extent to which costs of that the economic analysis fails to factor analysis includes a refined estimate of designation within a watershed are in subsidies given to industries such as administrative costs associated with likely to be borne locally. In addition, livestock grazing, hydropower consultations on West Coast salmon and information on distribution of wealth operations, and irrigation activities, steelhead. across the designation is provided which minimizes true costs to the Comment 29: One commenter and contextually in the economic analysis, public. Another commenter further two peer reviewers stated that the and this information is weighed in stated that the analysis does not economic analysis should include a considering the benefits of exclusion of distinguish between several discussion of flow change impacts to particular areas. countervailing cost elements, including irrigation and other activities. Excluding Comment 31: One commenter stated ‘‘socialized costs’’ (costs Congress has these costs underestimates total that the analysis makes no attempt to decided that the public should bear, economic impact. A commenter pointed explain or quantify with any level of such as costs to Federal activities), out that low flow years and drought precision what the additional costs of actual costs to private entities, incentive years are not discussed in the economic design and operation modification and costs, subsidies, and offsetting costs. As impacts, and consideration of these mitigation measures required by ESA a result, for Federal programs, the events is especially relevant to section 7 consultation are. analysis miscategorizes activities that estimating impacts of instream flow Response: The economic analysis benefit a small but favored sector of augmentation. Similarly, another focuses on the impacts of section 7 society, but that cause costs to the larger commenter stated that the analysis consultation on economic activities by society. The analysis assumes that costs should include an analysis of impacts of first identifying the types of activities to these activities are costs to society in increased spill at hydropower dams on occurring that may be subject to section general. the cost of power in the region. 7 consultation. The analysis then Response: The analysis attempts to Response: The amount of water estimates the regulatory burden placed measure true social costs associated within particular areas that may be upon these activities as a result of these with implementing the critical habitat diverted from activities such as consultations. The burden estimate is rule. To accomplish this, the analysis irrigation, flood control, municipal based upon a review of past uses the measurement of the direct costs water supply, and hydropower, for the modifications to those activities associated with meeting the regulatory purposes of salmon and steelhead undertaken for the benefit of West Coast burden imposed by the rule as the best conservation is uncertain. As a result, a salmon and steelhead, interviews with available proxy for the measurement of comprehensive prospective analysis of NMFS’ consulting biologists, affected true social costs. We agree that it is the impacts of potential water diversion parties, and available documents and relevant to consider appropriate from these activities would be highly literature. This research on the potential countervailing or net cost impacts, speculative. In addition, the interrelated costs of these modifications then where possible, in determining the nature of dam and diversion projects, determined a typical range of costs for benefit of exclusion. Where data are and hydrology, across river systems potential project modifications that may available, our analysis attempts to makes it impossible to attribute flow- be associated with section 7 capture the net economic impact (i.e., related impacts from salmon and consultation in the future. the increased regulatory burden less any steelhead conservation to specific Comment 32: One commenter stated discernable offsetting market gains) of watersheds. We acknowledge this that the economic analysis assumes that section 7 efforts imposed on regulated limitation of the economic analysis. The the population growth and economy of entities and the regional economy. For revised economic analysis, however, the impact areas is stagnant, and example, in the economic analysis, the includes an expanded discussion of the asserted that the analysis should revised impact estimates for pesticide potential impacts of changes in flow evaluate population and economic use restrictions explicitly net out regimes on hydropower production and growth on a regional, state, and county agriculture subsidy payments in the prices and water diversions on irrigation basis, and evaluate the degree to which estimation of lost agricultural profits. based on historical examples. This the listing of salmon and steelhead may Comment 28: One commenter stated broader context will assist us in our have contributed to any population and that the increase in paperwork as a decision making. economic decline. Another commenter result of re-initiating consultation on Comment 30: Some commenters asserted that past costs are not good potential impacts to critical habitat for stated that the economic analysis indicators of future costs due to projects that have already been through estimates impacts using a constant per- streamlining of the consultation process, section 7 consultation is a major capita income basis and that doing so is for example, for fire management on concern. likely to underestimate the impacts on Federal lands. One peer reviewer Response: We do consider that all rural communities. suggested using the consultation record activities may be subject to future Response: Per-capita income is not to forecast trends in consultations for consultation, regardless of whether past explicitly factored into the per- particular types of projects. consultation occurred on these watershed quantitative impact estimates Response: The economic analysis activities. Designation of critical habitat in the economic analysis. The does not uniformly assume that all may result in reinitiating consultation commenter is highlighting that equal activities and associated consultations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52642 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
will occur at the same rate in future recovery efforts should be considered in underestimates the impacts of the years as past, but projects the most the economic analysis. Commenters Washington Toxics litigation likely level of future activity using specifically cited the lack of (Washington Toxics Coalition et. al. v. information available at the watershed consideration in the economic analysis EPA, No. 04–35138) limiting pesticide level. Further, the economic analysis of the potential benefits of critical use around salmon-supporting waters does not quantify retrospective impacts habitat designation on: (1) Decreased and suggests that the economic analysis of West Coast salmon and steelhead risk of extinction; (2) benefits to other should analyze the impact of this conservation as the focus of the analysis aquatic and riparian species; (3) water injunction. is the impact associated with the future quality; (4) flood control values; (5) Response: Regarding impacts to critical habitat designation. Finally, recreation; (6) commercial fishing; (7) agricultural communities, we while the consultation record may fish harvest for tribal uses; and (8) considered impacts to small businesses reveal some short-term trends for increased public education. in our Regulatory Flexibility Act individual or groups of ESUs, it is not Response: As described in the analysis, and also took account of adequate to estimate trends for economic analysis (NMFS, 2005e) and disparate impacts by considering per particular types of activities at a ESA section 4(b)(2) report (NMFS, capita impacts as a basis for exclusion watershed level. 2005b), we did not have information in the ESA section 4(b)(2) balancing. We Comment 33: Some commenters available at the scale of this designation did not otherwise separately consider stated that the economic analysis uses that would allow us to quantify the economic impacts to various data that are overly broad or makes benefits of designation in terms of economically or culturally defined assumptions across geographic areas increased fisheries. Such an estimate communities in the economic analysis that are too far reaching. For example, would have required us to determine or in the section 4(b)(2) balancing. For one commenter states that the economic the additional number of fish likely to example, we also did not separately analysis assumes that the necessity and be produced as a result of the consider impacts of designation or scope of modifications will be constant designation, and would have required exclusion on coastal fishing across ESUs for most activities, when in us to determine how to allocate the communities. As with the consideration reality, these are actually likely to vary economic benefit from those additional of ancillary unquantifiable benefits of substantially. fish to a particular watershed. Instead, designation described above, we were Response: For each activity, the we considered the ‘‘benefits of concerned that including a economic analysis examines the designation’’ in terms of conservation consideration of these ancillary benefits probability of consultation and the value ratings for each particular area of exclusion would inject an likelihood of modification. A variety of (see ‘‘Methods and Criteria Used to unacceptable level of uncertainty into activity-specific information sources Designate Critical Habitat’’ section). We our analysis. were used to forecast the frequency and also lacked information to quantify and We agree that the draft economic geographic distribution of potentially include in the economic analysis the analysis did not adequately consider the affected activities. That is, frequency of economic benefit that might result from impact of pesticide restrictions on the consultation was not always assumed to such things as improved water quality agricultural industry. The revised be uniform across ESUs. The economic or flood control, or improved condition economic analysis (NMFS, 2005d), analysis does not, however, assume that of other species. therefore, includes refined estimates of costs increase in areas of overlapping Moreover, we did not have potential lost profits associated with ESUs. In other words, the presence of information at the scale of this reduced crop yields as a result of critical habitat for multiple ESUs is not designation that would allow us to implementing pesticide restrictions expected to generate a greater impact consider the relative ranking of these across the critical habitat designation. than if the particular area is critical types of benefits on the ‘‘benefits of The analysis assumes that the habitat for only a single ESU. designation’’ side of the 4(b)(2) balance. agricultural net revenue generated by Examination of the consultation history Our primary focus was to determine, land within certain distances of salmon- did not reveal differences in requests for consider, and balance the benefits of supporting waters would be completely modification to projects (reasonable and designating these areas to conservation lost. That is, the analysis assumes that prudent alternatives) among the ESUs. of the listed species. Given the no changes in behavior are undertaken We recognize, however, that the broad uncertainties involved in quantifying or to mitigate the impact of pesticide scope and scale of the analysis required even ranking these ancillary types of restrictions. This assumption may lead us to make simplifying assumptions in benefits, we were concerned that their to overestimated impacts of restricting order to complete the designations in a consideration would interject an pesticide use. On the other hand, the timely fashion (see, for example, the element of uncertainty into our primary analysis may underestimate the impact summary of major assumptions and task. of pesticide restrictions by assuming potential biases of the analysis Comment 35: One commenter that farmers outside the designated described in the final economic analysis asserted that the economic analysis does areas (e.g., upstream) will not be (NMFS, 2005d)). not consider the importance of restricted in their activities. Comment 34: Several commenters and agriculture in Washington and how Comment 36: A few commenters and a peer reviewer expressed concern that many communities rely upon the peer reviewers stated that impacts the economic analysis fails to consider agriculture industry to survive. A associated with changes in the the full range of economic benefits of number of commenters further stated operations of the Federal Columbia salmon habitat conservation and that the analysis should address impacts River Power System (FCRPS) and other therefore provides a distorted picture of on agriculture of a judicially imposed major hydropower dams should be the economic consequences of moratorium on pesticide use near included. One commenter noted that the designating versus excluding each of salmon-bearing streams. The inability to FCRPS is an important issue as salmon- these areas. Similarly, commenters use pesticides on farmland could result related conservation at these sites have expressed concerns that the economic directly in decreases in crop yields. impacted the price of power. impact of not designating particular More specifically, the commenters Conversely, another stated that areas to fishers and investors in believed that the economic analysis modifications to the FCRPS projects and
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52643
operations would result in high costs Comment 38: Another commenter impact, or any other relevant impact, so regardless of the presence of critical stated that the IRFA needs more long as a determination is made that the habitat for these salmon and steelhead citations regarding the applied sources benefits of exclusion outweigh the ESUs due to the listing of the species of information. benefits of designation, and so long as and existing critical habitat for three Response: We have provided the exclusion will not result in Snake River ESUs in this region (Snake appropriate citations in the Final extinction of the species concerned. River spring/summer Chinook, fall Regulatory Flexibility Analysis. Subsequent to publication of this rule, Chinook, and sockeye salmon). This Comment 39: One commenter stated we will undertake a review of the commenter therefore concluded that that the Small Business Regulatory methods and criteria applied in this costs of modifications to FCRPS for the Enforcement Fairness Act (SBREFA) rule. If the Secretary determines the three ESUs with existing critical habitat analysis assumes that most compliance critical habitat designations should be should be part of the baseline. costs would be borne by third parties modified as a result of that review, we Response: The revised economic when, in fact, a significant portion of all will propose a revised designation with analysis includes an expanded section 7 related costs are not borne by appropriate opportunity for notice and discussion of the impacts on the FCRPS those entities, but rather are borne by comment. and other major hydropower projects of the Bureau of Reclamation (BOR). Comment 41: In the proposed rule we section 7 consultations and other Response: In many cases it is identified a number of potential uncertain who will bear the costs of conservation measures. We have exclusions that we were considering but modification. The potentially burdened provided more detailed estimated of were not at that time proposing. These parties associated with modifications to these impacts and find them to be in the potential exclusions included: Federal activities are identified in the economic range of $500–700 million. We do not lands subject to Northwest Forest Plan, analysis. The BOR may, in fact, bear the apportion these costs to a particular PACFISH and INFISH (including cost of modifications to BOR dams, watershed, however, because the FCRPS watersheds where 45 percent or more of Federal land management activities, and and some other major hydropower the land was covered by one of these so forth. Where information is not plans); all critical habitat for four ESUs projects are operated as integrated available on a per-project basis (Snake River O. mykiss, Middle systems that span multiple watersheds. regarding the potentially affected party, Columbia River O. mykiss, Upper As a result, the impacts of section 7 the analysis takes a conservative Columbia River spring-run Chinook consultations on these systems are best approach, assuming that impacts may be salmon, and Oregon Coast coho considered at a spatial scale borne by private entities, a portion of salmon); areas in the mainstem considerably greater than an individual which may be small entities. Columbia River that contain or are watershed. We agree that the impacts directly affected by the operation of the specifically attributable to the listing of Weighing the Benefits of Designation vs. Federal dams on the river, including the three Snake River ESUs are an Exclusion reservoir pools above dams, tail race appropriate part of the baseline, but Comment 40: Several commenters areas below dams, and the navigation available information did not allow us supported the use of a cost-effectiveness locks. to distinguish these impacts from framework, one commenter explicitly Several commenters opposed these impacts specifically attributable to the objected to it, and some commenters potential exclusions. Some disagreed salmon and steelhead ESUs addressed had concerns with the way we applied that designation of critical habitat is in this rule. it. One commenter asserted that the unnecessary or diminished in light of Comment 37: One comment letter economic analysis ‘‘would have been existing management constraints, contended that the Initial Regulatory very different’’ if we had evaluated the contending that such a position is Flexibility Analysis (IRFA) absolute conservation value of an area contrary to the ESA’s conservation mischaracterizes the number of ‘‘with or without [section] 7 purpose and our implementing potential farms that would be affected requirements,’’ rather than relative regulations and citing recent Court by critical habitat designation. The conservation values. One commenter decisions bearing on this issue. Several analysis states that only three farms in asserted that ‘‘[w]ithout any target level noted that because these species are still Adams County, Washington, may be of conservation for designation, the listed, existing regulatory and voluntary affected by critical habitat designation, framework does not guarantee that areas mechanisms are inadequate and noted while U.S. Department of Agriculture necessary for conservation will be that we concluded as such in our 2000 reports that there are 717 farms in the designated.’’ Another commenter designations. Some commenters county. asserted that weighing quantitative believed that the assumptions Response: The IRFA analysis economic costs against qualitative underlying such exclusions were identified potential impacts to small habitat ratings prejudiced the ESA unjustifiable and potentially disastrous entities using data from Dun and section 4(b)(2) analysis in favor of for salmon recovery. Some commenters Bradstreet’s ‘‘Market Identifiers’’ on the excluding areas lacking a high noted that INFISH was incorrectly ratio of small businesses to total conservation value. Several commenters identified in this list since that strategy businesses in potentially affected suggested that the 4(b)(2) process could applies only to non-anadromous industries within counties containing benefit from more explanation regarding watersheds. Several commenters proposed critical habitat. The IRFA how the process was applied. believed that we failed to adequately listed a single type of agricultural Response: We believe the comparison describe the benefits of designation as operation: Beef Cattle Ranching & of benefits provides the Secretary useful they pertain to these potential Farming. The estimated number of these information as to the benefits of any exclusions. One commenter noted that operations in a county was weighted by particular inclusion or exclusion. The the lack of specificity regarding which the proportion of that county covered by Secretary has discretion in balancing the areas might be excluded as well as the the critical habitat designation. The statutory factors, including what weight lack of clear exclusion standards Final Regulatory Flexibility Act analysis to give those factors. The ESA provides seriously hindered the public’s ability to includes three additional types of the Secretary with the discretion to comment on the proposed exclusions. agricultural operations. exclude areas based on the economic This commenter cited agency
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52644 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
regulations at 50 CFR 424.16(b) and steelhead on Federal, state, tribal and commitment to protection or believed that this and other potential private lands would also have appropriate management of the physical exclusions did not contain an adequate significant beneficial impacts to bull or biological features essential to long- ‘‘summary of the data on which the trout. Therefore, the Secretary of the term conservation of ESA-listed salmon proposal is based (including, as Interior determined that the benefits of and steelhead. appropriate, citation of pertinent excluding those areas exceeded the 2. Whether the land manager has information sources), and shall show benefits of including those areas as geographically specific goals for the relationship of such data to the rule critical habitat. The Secretary of protection or appropriate management proposed.’’ Commerce has reviewed the bull trout of the physical or biological features In contrast, several commenters rule and has recognized the merits of essential to long-term conservation of supported the potential exclusions the approach taken by the Secretary of ESA-listed salmon and steelhead. mentioned in the proposed rule. One the Interior to these emerging issues.’’ 3. Whether the land manager has peer reviewer supported the exclusion We acknowledged, in the proposed rule, guidance for land management activities of Federal lands covered by PACFISH however, that we lacked the analysis to designed to achieve goals for protection and the Northwest Forest Plan and propose these potential exclusions for or appropriate management of the believed that critical habitat designation West Coast salmon and steelhead: At physical or biological features essential would have negligible benefit in these this time, the Secretary of Commerce to long-term conservation of ESA-listed areas. Some commenters contended that still ‘‘has not had an opportunity to salmon and steelhead. designating critical habitat on these fully evaluate all of the potential 4. Whether the land manager has an Federal lands was duplicative with exclusions, the geographical extent of effective monitoring system to evaluate existing ESA section 7 consultation such exclusions, or compare the benefits progress toward goals for protection or processes, inefficient (e.g., citing costs of these exclusions to the benefits of appropriate management of the physical of re-initiating consultation), and offers inclusion.’’ Our regulations require that or biological features essential to long- no additional conservation benefit to the our proposed and final rules provide the term conservation of ESA-listed salmon listed species. One commenter believed data upon which the rule is based (50 and steelhead. that excluding Federal lands would be CFR 424.16; 50 CFR 424.18). 5. Whether the land manager has a consistent with our exclusion of lands Recently, in response to the management framework that will adjust subject to Integrated Natural Resource Department of Interior’s request, a ongoing management to respond to Management Plans since existing land District Court has remanded the bull monitoring results and/or external management plans provide similar trout rule to the Department of Interior review and validation of progress protections. This commenter also cited for further rulemaking. Alliance for the toward goals for protection or the USFWS’ exclusion of Federal lands Wild Rockies and Friends of the Wild appropriate management of the physical for bull trout (69 FR 59996; October 6, Swan v. David Allen and United States or biological features essential to long- 2004) and provided information Fish and Wildlife (CV 04–1812). In term conservation of ESA-listed salmon supporting their belief that we should seeking the remand the Department of and steelhead. make the same determination for Interior noted that it intends to 6. Whether the land manager has salmon and steelhead ESUs. Several reconsider the 4(b)(2) exclusions in the effective arrangements in place for commenters and one peer reviewer proposed rule and that it recently issued periodic and timely communications contended that we are obligated to fully a Federal Register notice seeking with NOAA on the effectiveness of the examine the web of private, local, state, comment on those exclusions (70 FR planning and management framework in regional, and Federal protections 29998; May 25, 2005). In response, we reaching mutually agreed goals for already in place and only designate as received extensive comment from those protection or appropriate management critical habitat those areas that are supporting and opposing these potential of the physical or biological features affirmatively in need of additional exclusions. Based on our review of the essential to long-term conservation of management considerations. information received and the short time ESA-listed salmon and steelhead. Response: Section 4(b)(2) provides the between the close of the comment Comment 42: In the proposed rule we Secretary with discretion to exclude period and the court-ordered deadline requested comments on the potential areas from the designation of critical for completing this rulemaking, we are exclusion of lands subject to habitat if the Secretary determines that unable to conclude at this time that the conservation commitments by state and the benefits of exclusion outweigh the benefits of excluding these areas private landowners reflected in habitat benefits of designation, and the outweigh the benefits of designation, conservation plans and cooperative Secretary finds that exclusion of the with the exception of areas covered by agreements approved by NMFS, area will not result in extinction of the three habitat conservation plans, specifically: (1) Land subject to species. In the proposed rule, and the discussed below. Washington state forest practice rules reports supporting it, we explained the Nevertheless, we will continue to referred to as the Forests and Fish policies that guided us and provided study this issue and alternative Agreement; (2) lands covered by a supporting analysis for a number of approaches in future rulemakings Habitat Conservation Plan (HCP) proposed exclusions. We also noted a designating critical habitat. In approved under section 10 of the ESA number of additional potential particular, we intend to analyze the (NMFS, 2004f); and (3) non-Federal exclusions, explaining that we were planning and management framework timber lands covered by the Term Sheet considering them because the Secretary for each of the ownership categories in the Snake River Basin Adjudication. of the Interior had recently made similar proposed for consideration for Several commenters (including three exclusions in designating critical habitat exclusion. In each case, we envision with NMFS-approved HCPs) concurred for the bull trout: ‘‘On October 6, 2004, that the planning and management with the potential exclusion of lands the FWS issued a final rule designating framework would be evaluated against a covered by an HCP, believing that we critical habitat for the bull trout * * * set of criteria, which could include at would not likely secure additional The Secretary of the Interior found that least some or all of the following: conservation benefits by designating a number of conservation measures 1. Whether the land manager has these areas as critical habitat. These and designed to protect salmon and specific written policies that create a other commenters acknowledged the
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52645
potential education benefits of particular the Mid-Columbia HCP and agreements on non-Federal land. If a designation but asserted that uncertainties associated with landowner considers exclusion from designating HCP lands could have an downstream FERC projects at Priest critical habitat as a benefit, exclusion unintended consequence of damaging Rapids and Wanapum Dams. Another may enhance the partnership between existing and future cooperative commenter cited agency regulations at NMFS and the landowner and thus relationships. Some commenters noted 50 CFR 424.16(b) and believed that this enhance the implementation of the HCP that the USFWS had excluded lands and other potential exclusions did not or other agreement. If other landowners addressed in the Washington contain an adequate ‘‘summary of the also consider exclusion from critical Department of Natural Resources’ data on which the proposal is based habitat as a benefit, our willingness to (WDNR) HCP and the Forest and Fish (including, as appropriate, citation of exclude such areas may provide an Agreement in their recent bull trout pertinent information sources),’’ nor did incentive for them to seek conservation critical habitat designation (69 FR they ‘‘show the relationship of such data agreements with us. Improved 59996; October 6, 2004) and requested to the rule proposed.’’ Several implementation of existing that we do the same. These commenters commenters believed that we failed to partnerships, and the creation of new additionally noted that HCPs have adequately describe the benefits of conservation partnerships, would already undergone extensive designation as they pertain to these ultimately benefit conservation of the environmental review and ESA section potential exclusions. species. 7 consultation and been found to not Response: The analysis required for Conservation agreements with non- likely jeopardize the species. With these types of exclusions, as with all Federal landowners enhance species respect to the potential exclusion of others, first requires careful conservation by extending species’ lands subject to the Forest and Fish consideration of the benefits of protections beyond those available Agreement, several commenters asserted designation versus the benefits of through other ESA provisions. Section 7 that Washington Forest Practice exclusion to determine whether benefits applies only to Federal agency actions. regulations already provide adequate of exclusion outweigh benefits of Its requirements protect listed salmon protections and that excluding these designation. The benefit of designating and steelhead on Federal lands and areas would promote keeping them in a critical habitat on non-Federal areas whenever a Federal permit or funding is forested landscape rather than covered by an approved HCP or other involved in non-Federal actions, but its converting them to other land uses and type of conservation agreement depends reach is limited. The vast majority of smaller parcels that are not as good for upon the type and extent of Federal activities occurring in riparian and fish. Several commenters expressed activities expected to occur in that area upland areas on non-Federal lands do support for the Oregon Plan for Salmon in the future. Activities may be initiated not require a Federal permit or funding and Watersheds. One commenter by the landowner, such as when the and are not reached by section 7 (in believed that we should consider landowner seeks a permit for bank contrast to instream activities, most of excluding all basins with water rights armoring, water withdrawal, or which do require a Federal permit). The adjudications. Some commenters dredging. Where the area is covered by ability of the ESA to induce landowners believe that such exclusions should be an HCP, the activity for which a permit to adopt conservation measures lies based on the actual effectiveness of the is sought may or may not be covered by instead in the take prohibitions of habitat conservation strategies and the HCP. For example, an HCP covering sections 9(a) and 4(d). Many landowners forestry activities may include have chosen to put conservation plans plans, including whether they are being provisions governing construction of in place to avoid any uncertainty fully funded and implemented. roads, but may not include provisions regarding whether their actions Several commenters (including one governing bank armoring or pesticide constitute ‘‘take’’. with a NMFS-approved HCP) disagreed application. The activity may be Beginning in 1994, when we released with the potential exclusion of lands initiated by the Federal agency without our draft HCP Handbook for public covered by HCPs, believing it would be any landowner involvement, such as review and comment, we have pursued contrary to the ESA, and some cited when a Federal agency is involved in policies that provide incentives for non- recent litigation bearing on this issue building a road or bridge, dredging a Federal landowners to enter into (e.g., Center for Biological Diversity v. navigation channel, or applying a cooperative partnerships, based on a Norton, 240 F. Supp. 2d 1090 (D. Ariz. pesticide on Federal land upstream of view that we can achieve greater 2003); Gifford Pinchot Task Force v. the HCP-covered area. In analyzing the species’ conservation on non-Federal FWS, 378 F. 3d 1059 (9th Cir. 2004). benefits of designation for these HCP- land through HCPs than we can through One commenter did not support such covered areas, we must consider which coercive methods (61 FR 63854; exclusions because they contended Federal activities are covered by the December 2, 1996). Before we approve there are no guarantees the plans will HCP and which are not. Where activities an HCP and grant an incidental take remain in place, when for example, are covered by the HCP, we must permit, we must conduct a rigorous ownership changes or landowners consider whether an ESA section 7 analysis under ESA section 10. The HCP change their minds. Another commenter consultation on that particular activity must specify the impact likely to result who presently has a NMFS-approved would result in beneficial changes to the from take, what steps the applicant will HCP welcomed the critical habitat proposed action over and above what take to minimize and mitigate such designation and noted that doing so would be obtained under the HCP. impacts, and the funding available to would help ensure that actions by other Designation may also benefit the species implement such steps. The applicant landowners within and adjacent to its by notifying the landowner and the must have considered alternative HCP lands will help ensure public of the importance of an area to actions and explained why other conservation of an area that provides species’ conservation. alternatives are not being pursued, and fish habitat and valuable drinking water. On the other side of the balance are we may require additional actions One commenter believed that we should the benefits of exclusion. We believe the necessary or appropriate for the not exclude areas subject to licenses primary benefits of exclusion are related purposes of the plan. Before an HCP can issued by the Federal Energy Regulatory to the conservation benefits to the be finalized, we must conclude that any Commission (FERC), noting in species that come from conservation take associated with implementing the
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52646 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
plan will be incidental, that the impact and inter-tribal commissions reiterated areas, considering the economic and any of such take will be minimized and their support for the exclusions. One other relevant impact of designating mitigated, that the plan is adequately non-tribal commenter suggested that critical habitat. Further, concurrent with funded, and that the take will not designation was not needed for Indian the economic analysis, we prepared an appreciably reduce the likelihood of the lands in Bellingham Bay. analysis of potential impacts to small survival and recovery of the species in Response: This final rule maintains entities, including small businesses and the wild. The HCP undergoes the exclusion of Indian lands for the government. This analysis identified the environmental analysis under the reasons described in the ‘‘Exclusions number of small businesses and National Environmental Policy Act Based on Impacts to Tribes’’ section governments likely impacted by the (NEPA) and we conduct a section 7 below. proposed critical habitat using county- consultation with ourselves to ensure Comment 44: A few commenters specific data on the ratio of small granting the permit is not likely to addressed our assessment of Integrated businesses to total businesses in each jeopardize the continued existence of Natural Resource Management Plans potentially affected economic sector. the species or destroy or adversely (INRMPs) and the exclusion of Comment 46: Some commenters modify designated critical habitat. Department of Defense (DOD) areas due noted that the success of watershed Based on comments received, we to impacts on national security. One management and restoration efforts is could not conclude that all landowners commenter thought it was reasonable to dependent on critical habitat view designation of critical habitat as exclude military lands while another protections, noting that designations imposing a burden on the land, and commenter asserted that we may not use assist local recovery planning efforts exclusion from designation as removing the general ‘‘national security’’ language and leverage needed money and that burden and thereby strengthening in ESA section 4(b)(2) to remove our cooperation. Several expressed concern the ongoing relationship. Where an HCP obligation to comply with the demand that excluding areas from designation— partner affirmatively requests for adequate INRMPs. One commenter in particular areas identified in existing designation, exclusion is likely to harm wondered whether we considered the recovery efforts as important for rather than benefit the relationship. We protection of U.S. agriculture in the salmon—would undermine ongoing anticipate further rulemaking in the context of national security. regional and local recovery planning near future to refine these designations, Response: Pursuant to section efforts (e.g., Lower Columbia Salmon for example, in response to 4(a)(3)(B)(i) of the ESA (16 U.S.C. Recovery and Fish and Wildlife developments in recovery planning. In 1533(a)(3)(B)(i)), we contacted the DOD Subbasin Plan, WRIA 8, Elwha River order to aide in future revisions, we will and, after evaluating the relevant Restoration Project) by signaling that affirmatively request information from INRMPs, we concluded that, as these areas are not important for those with approved HCPs regarding the implemented, they provide conservation recovery. effect of designation on our ongoing benefits greater than or equal to what Response: We acknowledge that partnership. We did not consider would be expected to result from a critical habitat designations can serve an pending HCPs (e.g., Washington’s Forest section 7 consultation (NMFS, 2005f). important educational role and that they and Fish Agreement) for exclusion, both We also determined that these INRMP can assist local recovery efforts as because we do not want to prejudge the sites as well as 13 additional DOD sites stated. The ESA requires that we use the outcome of the ongoing HCP process, (e.g., Naval security zones and restricted best available scientific data to evaluate and because we expect to have future areas in Puget Sound) should be which areas warrant designation and opportunities to refine the designation excluded from designation due to that we balance the benefits of and consider whether exclusion will potential impacts on national security designation against the benefits of outweigh the benefit of designation in a (NMFS, 2005f). However, we did not excluding particular areas. In so doing, particular case. have information available to draw a it is possible that some areas subject to During the comment period we connection between the possible ongoing restoration activities may have received comments from only three impacts of designation on agriculture been excluded from designation. landowners with current HCPs stating and food supply and whether doing so However, such exclusion does not that they would consider exclusion as a might constitute an impact on ‘‘national indicate that the area is unimportant to benefit to our ongoing relationship— security,’’ nor did the commenter salmon or steelhead, but instead reflects WDNR, Green Diamond Resources provide specific information. the practical result of following the Company, and West Fork Timber ESA’s balancing of benefits as required Company. For those HCPs, we analyzed Effects of Designating Critical Habitat under section 4(b)(2). We are hopeful the activities covered by the HCPs, the Comment 45: One commenter that the information gathered and the protections afforded by the HCP questioned whether there exists an analyses conducted to support these agreement, and the Federal activities acceptable or unacceptable level of final designations (such as species that are likely to occur on the affected negative economic impact to distribution, watershed conservation lands. From this information we communities, landowners, or local value, and economic impacts from determined the benefit of designation, governments and whether the section 7 consultations) will be viewed which we then weighed against the government must consider the impacts as valuable resources for local recovery benefit of exclusion. We concluded that that their decisions will have on local planners. As recovery planning the conservation benefits to the species economies. proceeds and if we find that additional from the HCPs outweigh the Response: The economic analysis or different areas warrant designation or conservation benefits of designation and provides information regarding the exclusion, we can and will make needed therefore have excluded lands covered impact to potentially affected economic revisions using the same rulemaking by these agreements in this final activities of the proposed critical habitat process. designation. The analysis is described in designation. This information is used to Comment 47: Several commenters further detail (NMFS, 2005e). identify the particular areas according to asked for clarification regarding how we Comment 43: Several commenters their relative cost burden. We weighed will make adverse modification addressed the exclusion of Indian this information against the relative determinations in ESA consultations. Lands. All of the commenting Tribes conservation value of the particular One commenter also suggested that a
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52647
finding of adverse modification would involvement and our regular contact than NEPA’s directive. Finally, the need to be contingent on the habitat with Federal, state and tribal court, based upon a review of precedent conditions existing at the time of comanagers (e.g., via section 7 from several circuits including the Fifth designation. They noted that where consultations and other forums) we Circuit, held that an environmental such conditions are the result of past believe we will be able to effectively impact statement is not required for and present management actions, and monitor the effects of these actions that do not change the physical where those existing conditions would designations. Moreover, we intend to environment. not be altered through proposed future actively revise critical habitat (b) Regulatory Flexibility Act—We actions, it is their belief that designations as needed for all 12 ESUs have prepared a final regulatory consultation on such future actions to keep them as up-to-date as possible. flexibility analysis that estimates the would result in a ‘‘no adverse We encourage all parties to contact us number of regulated small entities modification’’ determination. (see ADDRESSES and FOR FURTHER potentially affected by this rulemaking Response: In Gifford Pinchot Task INFORMATION CONTACT) if they have and the estimated coextensive costs of Force v. United States Fish and Wildlife information indicating that these section 7 consultation incurred by small Service, 378 F. 3d 1059 (9th Cir. 2004), designations warrant revision. entities. As described in the analysis, the Court of Appeals for the Ninth Comment 50: Several commenters we considered various alternatives for Circuit Court ruled that the USFWS’ believed that we fail to (or inadequately) designating critical habitat for these 12 regulatory definition of ‘‘destruction or address required determinations related ESUs. After considering these adverse modification’’ of critical habitat, to a number of laws, regulations, and alternatives in the context of the section which is also NMFS’ regulatory executive orders, including the NEPA, 4(b)(2) process of weighing benefits of definition (50 CFR 402.02), is contrary Regulatory Flexibility Act, and Data exclusion against benefits of to law. Pending issuance of a new Quality Act. One commenter requested designation, we determined that our regulatory definition, we are relying on that we name Franklin County, current approach to designation the statutory standard, which relates Washington, as a joint lead or provides an appropriate balance of critical habitat to conservation of the cooperating agency in the development conservation and economic mitigation species. The related point raised by one of an environmental assessment or and that excluding the areas identified commenter regarding the relevance of environmental impact statement in this rulemaking would not result in habitat conditions at the time of listing pursuant to NEPA. extinction of the ESUs. Our final when making an adverse modification Response: Our responses to each of regulatory flexibility analysis estimates determination cannot be answered in a these issues are described below, and how much small entities will save in generic way and would depend on the we also direct the reader to the compliance costs due to the exclusions facts associated with a specific ‘‘Required Determinations’’ section made in these final designations. consultation. below to review our response to each of (c) Data Quality Act—One commenter Comment 48: Some commenters the determinations relevant to this asked if we had complied with the Data objected to the potential land use rulemaking. Quality Act. We have reviewed this rule regulations that critical habitat (a) NEPA—We believe that in Douglas for compliance with that Act and found designation would prompt, citing County v. Babbitt, 48 F.3d 1495 (9th Cir. that it complies with NOAA and OMB specific cases where county and Federal 1995), cert. denied, 116 S.Ct. 698 (1996) guidance. agencies imposed buffers and other the Court correctly interpreted the (d) Negotiated Rulemaking Act (5 restrictions to protect ESA-listed fish. relationship between NEPA and critical U.S.C. 561 et seq.)—One commenter One commenter asked what forms of habitat designation under the ESA. The asserted that we should have engaged in compensation are available for Court of Appeals for the Ninth Circuit negotiated rulemaking to issue this final landowners if their lands are designated rejected the suggestion that critical habitat designation. This is an as critical habitat. One commenter irreconcilable statutory conflict or interesting idea and could be pursued in asserted that specific guidelines should duplicative statutory procedures are the future critical habitat rulemaking. be developed and applied fairly and only exceptions to application of NEPA However, because a court approved consistently in all areas, urban or rural. to Federal actions. The court held that consent decree governs the time frame Response: The ESA requires that we the legislative history of the ESA for completion of this final rule, we do designate critical habitat and these demonstrated that Congress intended to not feel that there was ample time to designations follow that statutory displace NEPA procedures with comply with the numerous processes mandate and have been completed on a carefully crafted procedures specific to defined in the Negotiated Rulemaking schedule established under a Consent critical habitat designation. Further, the Act for this rulemaking. For example, Decree. Whether and if local Douglas County Court held that the the Negotiated Rulemaking Act provides jurisdictions will implement their critical habitat mandate of the ESA that if the agency decides to use this authorities to issue land use regulations conflicts with NEPA in that, although tool, it must follow Federal Advisory is a separate matter and is not under our the Secretary may exclude areas from Committee Act procedures for selection control. critical habitat designation if such of a committee, conduct of committee Comment 49: Several commenters exclusion would be more beneficial activities, as well as specific urged us to commit to monitoring the than harmful, the Secretary has no documentation processes (See effects of the designations and discretion to exclude areas from Negotiated Rulemaking Source Book, exclusions and to describe how we will designation if such exclusion would 1990). respond to new information and make result in extinction. The court noted (e) Intergovernmental Cooperation needed future revisions to critical that the ESA also conflicts with NEPA’s Act—One commenter asserted that we habitat. demand for impact analysis, in that the did not properly and fully coordinate Response: We are actively engaged ESA dictates that the Secretary ‘‘shall’’ with local governments and did not with an array of private and public designate critical habitat for listed comply with the Intergovernmental stakeholders in recovery planning species based upon an evaluation of Cooperation Act. First, the commenter throughout the range of West Coast economic and other ‘‘relevant’’ impacts, did not provide a statutory citation for salmon and steelhead. As a result of this which the Court interpreted as narrower the Intergovernmental Cooperation Act.
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52648 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
Although we are reluctant to speculate solely on public awareness of the ESU-Specific Issues on that Act, we believe the comment is salmon listings. This is not the case. In ESU Specific Comments—Puget Sound in reference to the Intergovernmental the proposed rule, we found that the Chinook Salmon Cooperative Act, Public Law 90–577, 82 designation of critical habitat is not Stat. 1098 (1968) as amended by Public subject to the Unfunded Mandates Comment 51: Several commenters Law 97–258 (1982) (codified at 31 Reform Act (2 U.S.C. 1501 et seq.) We believed that unoccupied areas above the Elwha and Glines Canyon dams U.S.C. section 6501–08 and 40 U.S.C. then explained in detail why this is the should be designated as critical habitat section 531–35 (1988)). This Act case. The commenter does not take issue addresses Federal grants and for this ESU. with these findings and we find nothing Response: The CHART agreed that development assistance. Accordingly in the commenter’s assertions to warrant we do not find it relevant to the these unoccupied areas may be essential changing our original determination. mandatory designation of critical habitat for conservation of this ESU, especially under the ESA. To the extent that the (i) Federalism—One commenter given the relatively limited number of commenter’s concern is assuring that asserted that we failed to properly populations and available habitat for state, local and regional viewpoints be comply with E.O. 13132. them in the North Olympic region. The CHART noted that Elwha Dam is solicited during the designation process, In the proposed rule, we found that scheduled for removal as early as 2007 the ESA and our implementing the designation of critical habitat does regulations provide explicitly for public and has been the subject of not have significant Federalism effects comprehensive environmental studies. outreach. 16 U.S.C. 1533 (b)(3)(A); 50 as defined under that order and, CFR 424.16. As noted in response to Also, recent recovery planning therefore, a Federalism assessment is Comment 1, we actively sought input assessments for this area (Shared not required. We find nothing in the from all sectors beginning with meetings Strategy, 2004a) indicate that the Elwha with many stakeholders to inform an commenter’s assertions to warrant River and Dungeness River Chinook ANPR (68 FR 55926, September 29, changing our original determination. salmon populations must achieve the 2003), and culminating in four public (j) Takings—One commenter disputed planning targets and other viable hearings to facilitate comment from the our conclusion in the proposed rule that salmonid population parameters interested public in response to the the designations would not result in a established by the TRT. However, as proposed rule. In addition we met with taking. The commenter offered no described in the general comments several local governments and made information or analysis that would above (see ‘‘Identification of Critical ourselves available to meet with others. provide a basis for a different Habitat Areas’’ section), at the present time we do not have information (f) National Historic Preservation Act conclusion. (NHPA)—One commenter asserted that allowing us to determine that the we failed to comply with the NHPA (16 (k) Civil Justice Reform—One specific areas within the geographical U.S.C. sections 470–470x–6). The NHPA commenter asserted that we failed to area occupied by the species are does not apply to this designation. The properly conduct and provide a Civil inadequate for conservation, such that NHPA applies to ‘‘undertakings.’’ Justice Reform analysis pursuant to E.O. we can make a determination that ‘‘Undertakings’’ are defined under the 12988. In relevant part, Section 3 of E.O. currently unoccupied areas above dams implementing regulations as ‘‘a project, 12988 requires agencies, within current are essential for conservation. We will activity or program funded in whole or budgetary constraints and existing revise the designation if ongoing in part under the direct or indirect executive branch coordination recovery planning indicates that specific jurisdiction of a Federal agency * * * .’’ procedures such as E.O. 12866, to areas above these dams warrant (emphasis added) (50 CFR 800.16). The review new regulations pursuant to designation as critical habitat. mandatory designation of specific areas certain specified requirements. The Comment 52: One commenter pursuant to the criteria defined in the review is conducted to eliminate requested clarification as to why the Skokomish River watershed was ESA does not constitute an unnecessary litigation over agency rules. designated as critical habitat and asked ‘‘undertaking’’ under the NHPA. As called for by Section (3)(a), we whether occupied areas were based on (g) Farmland Protection Policy reviewed both the proposed and final (FPPA)—One commenter asserted that professional judgment or observation. rules to eliminate drafting errors and we failed to comply with FPPA (7 Another commenter said that the U.S.C. 4201). The FFPA does not apply ambiguity, and we drafted both rules so Skokomish River watershed, including to this designation. The FPPA applies to as to minimize legal issues that would mainstem and tributary spawning areas, Federal programs. Federal programs occasion litigation. This critical habitat should not be excluded from under the Act are defined as ‘‘those designation does not of itself designation. activities or responsibilities of a circumscribe conduct, but we have Response: According to fish department, agency, independent designated critical habitat as clearly as distribution data from Washington commission, or other unit of the Federal possible and, through our Department of Fish and Wildlife Government that involve (A) comprehensive 4(b)(2) analysis, have (WDFW) for this watershed, all but undertaking, financing, or assisting produced the least burdensome critical approximately 1 mile (1.6 km) of habitat construction or improvement projects; habitat designation that is also ESA (in upper Purdy Creek) is identified as or (B) acquiring, managing or disposing compliant. As required by the occupied based on documented of Federal lands and facilities. The applicable portions of Section (3)(b)(2), observation. We agree with comments designation of critical habitat does not we have also described the changes to that this watershed should not be constitute a ‘‘Federal program’’ under the regulatory language and attempted excluded from designation. The CHART the FFPA. to clearly define key terms used in the reviewed these comments and (h) Unfunded Mandates Reform Act— regulation, either explicitly or with maintained that this watershed is of One commenter asserted that we failed reference to other regulations or statutes high conservation value to this ESU, to properly conduct and provide an that explicitly define those terms. especially in light of the relatively unfunded mandates analysis because, limited number of populations and they contend, we based our decision available habitat for them in the Hood
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52649
Canal region as well as the importance CHART concurred with the to other watersheds in the range of this of the early returning life history type commenter’s assessment that a gradient ESU. The CHART also underscored that (Puget Sound TRT, 2004). The CHART barrier likely exists as indicated, and the the medium rating for the Lake noted that recent recovery planning resultant changes are summarized below Washington watershed related to the assessments for this area (Shared under ‘‘Summary of Revisions.’’ tributaries to the lake, but that Lake Strategy, 2004b) indicate that the Comment 56: One commenter Washington itself was of high Skokomish River and Dosewallips River provided information indicating conservation value due to its Chinook salmon populations must mapping errors in our Chinook salmon connectivity with the high-value Cedar achieve the planning targets and other distribution in the Cedar River River watershed and its support of viable salmonid population parameters watershed, noting that distribution rearing and migration habitat for fish established by the TRT. above Landsburg Dam should be from all four watersheds in the Comment 53: One commenter extended to Lower Cedar Falls based on subbasin. The CHART concluded that questioned the exclusion of Bellingham recent fish passage above the dam and excluding the Lake Sammamish and Bay noting that it contains the estuary spawning surveys in the vicinity of the Sammamish River watersheds, and the for two very depressed stocks of falls. tributary habitats to Lake Washington, Chinook salmon. Response: The CHART reviewed the would not significantly impede Response: Our proposed exclusions comments as well as recent spawner conservation of the ESU. This finding were for the freshwater streams, not for survey information (Burton et al., 2005) includes an implicit determination that the nearshore and estuarine areas which and concluded that the species’ exclusion will not lead to extinction of the CHART concluded were of high distribution in the proposed rule was in the species concerned. conservation value to rearing and error. The CHART concurred with the Comment 58: One commenter migrating Chinook salmon. The CHART commenter’s assessment that spawning wondered whether we analyzed the considered this comment and and rearing PCEs and fish distribution potential impacts of proposed maintained that the Bellingham Bay should be extended above Landsburg exclusions on the prospects for watershed is still of low conservation Diversion Dam to the natural barrier achieving recovery of this ESU by value to this ESU, in particular noting falls indicated. Similarly, in reviewing meeting delisting criteria and asked that there is a limited amount of distribution for this and nearby what assurances we can make that the freshwater habitat here, and that subbasins, the CHART also noted that exclusions will not preclude recovery. exclusion of these habitat areas from Chinook salmon distribution in the Response: The CHART was designation would not significantly South Fork Stillaguamish River should specifically tasked with reviewing the impede conservation of the ESU. This extend up to at least RM 67 to near best available scientific data for this finding includes an implicit confluence of Buck and Palmer Creeks ESU and determining the relative determination that exclusion will not as well as farther up Canyon Creek. conservation value of occupied lead to extinction of the species. Sources supporting this correction watersheds. During our consideration of Comment 54: One commenter and a include WDF’s stream catalog (WDF, exclusions, as required by ESA section peer reviewer recommended that critical 1975) and the June 2004 Draft 4(b)(2), the CHARTs provided their best habitat on the Middle Fork Nooksack Stillaguamish Chinook Salmon professional judgment as to whether any River be extended above the City of Recovery Plan (Stillaguamish exclusions being considered due to Bellingham’s diversion dam to include Implementation Review Committee, economic impacts would significantly all areas occupied by Chinook salmon. 2004). The resultant changes are impede conservation. If so, then the area Response: The CHART reviewed the summarized below under ‘‘Summary of was not recommended for exclusion. new data and determined that the areas Revisions.’’ We will revise the designation for this are occupied and contain spawning and Comment 57: Several commenters ESU if ongoing recovery planning efforts rearing PCEs which may require special objected to our rating of North Lake indicate that previously excluded areas management considerations or Washington as medium and the warrant designation as critical habitat. protection (NMFS, 2005a). The CHART resulting proposed exclusion due to Comment 59: One commenter noted that WDFW has been placing fish economic impacts. One commenter provided a minor clarification regarding into this portion of the river annually contended that excluding North Lake the proposed rule’s reference to the since 2001 in order to increase returns Washington tributaries could jeopardize ‘‘White Acclimation Pond,’’ noting that and that plans are underway to allow that population and compromise there are actually four acclimation passage at the diversion dam (Shared recovery of the entire ESU. One ponds for White River spring Chinook Strategy, 2005; WDFW, 2004). The commenter also asked that we in the upper White River basin. Another resultant changes are identified below reconsider the exclusion of the noted that our ESU description under ‘‘Summary of Revisions.’’ Sammamish River watershed. One contained a typographical error in Comment 55: Two commenters commenter asked whether we had defining the boundaries of this ESU. provided information indicating considered data collected by the Response: We appreciate receiving the mapping errors in our Chinook salmon Watershed Resource Inventory clarifications and corrections and have distribution in the Lower Snoqualmie Assessment (WRIA) 8 Technical updated the CHART report for this ESU River watershed, noting that Committee. to reflect these changes. distribution is limited by a canyon and Response: The CHART reviewed these Comment 60: Several commenters gradient barrier at RM 2.5 on the South comments, as well as information objected to the potential exclusion of all Fork Tolt River. prepared by the WRIA 8 Technical nearshore zones for this ESU and noted Response: The CHART reviewed the Committee (WRIA8 Steering Committee, these areas have been identified by comments as well as maps and 2002) and Washington Conservation Puget Sound watershed planners and information in Washington Department Commission’s Limiting Factors Report scientists as crucial for juvenile salmon. of Fisheries’ (WDF) catalog of (Kerwin, 2001), and maintained that the One noted that excluding these zones Washington streams (WDF, 1975) and Lake Sammamish, Sammamish River, would run contrary to our 4(b)(2) concluded that the species’ distribution and Lake Washington watersheds were approach since all of the Puget Sound in the proposed rule was in error. The of medium conservation value relative nearshore areas were identified as high-
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52650 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
conservation value areas. One Yale, and Bull Run Dams. We noted that areas in the Washougal River and commenter requested that we extend the the CHART believed that each of these Germany/Abernethy watersheds, citing designated nearshore zone westward to unoccupied areas may be essential to concerns for fall-run fish in these include all shallow waters in the Strait the conservation of this ESU. Several watersheds and noting that they were of Juan de Fuca commenters supported the designation deemed important in a recent interim Response: We agree with the of areas above Condit Dam on the Big recovery plan for this region of the commenters’ concerns and are going White Salmon River. Several lower Columbia River (Lower Columbia forward with designating nearshore commenters also supported the Fish Recovery Board, 2004). areas as critical habitat for this ESU. The designation of areas above Merwin, Response: The CHART reviewed these CHART also noted that additional Swift, and Yale Dams in the Lewis River comments, as well as information nearshore areas west of the Elwha River Basin while one opposed it and contained in the cited interim recovery may be essential for the conservation of contended that there was no biological plan, and maintained that both this ESU, but based on the best basis for such designation and that even watersheds were of medium information available at this time, we if there were, the benefits of designation conservation value relative to other cannot conclude that the area is either are outweighed by the benefits of watersheds in the range of this ESU. All occupied and contains the PCEs, or is exclusion. This commenter also cited habitat areas in both watersheds had unoccupied and is essential for the USFWS’ exclusion of these areas for been proposed for exclusion due to conservation. If we determine that these bull trout and requested that we do so economic impacts, and they still exceed or other nearshore areas warrant as well. Another commenter believed these economic thresholds (NMFS, designation or revision, we will do so that critical habitat should not be 2005c). After reviewing these and other under subsequent rulemaking. designated above Bull Run Dam, citing comments received on the proposed Comment 61: One commenter recent modeling estimates indicating rule, the CHART now concludes that objected to the exclusion of streams on that these blocked areas are not likely to excluding habitat areas in the Vashon Island based on genetic be as productive as other areas in the Washougal River watershed would concerns or small numbers of fish. This Sandy River Basin and that the costs of significantly impede the conservation of commenter believed that more such designation could be substantial. the ESU, but that excluding areas in the documentation was needed to Response: The CHART maintained Germany/Abernethy watershed would substantiate the assertion that these fish that unoccupied areas above all of these not. The CHART noted that the interim are not part of the ESU. dams, except Bull Run Dam, may be recovery plan (Lower Columbia Fish Response: The CHART considered essential for the conservation of this Recovery Board, 2004) specifies that the these comments and determined that ESU. In the latter case the CHART Washougal River fall-run population is the limited number of habitat areas in concurred with the information targeted to achieve a high viability level, the Puget Sound/East Passage watershed provided by the commenter and while the population in the Germany/ remain of low conservation value to the believed that these areas were not likely Abernethy watershed is proposed to ESU. In addition, the CHART concluded to be as important to the conservation of achieve a reduced goal of medium that exclusion of these areas would not the ESU (especially the spring-run fish) viability. In addition, it believed that significantly impede the conservation of as unoccupied areas in the upper Lewis other watersheds in the coastal region of the ESU. Given these findings and the River above Merwin, Swift and Yale this ESU and adjacent to Germany/ relatively high economic impacts Dams. Moreover, the CHART noted that Abernethy (e.g., Big Creek and associated with these areas, we the recent interim recovery plan for the Skamokawa/Elochoman watersheds) conclude that exclusion is warranted. Washington portion of this ESU had a higher conservation value for the Comment 62: Two commenters supports the reintroduction of fish to ESU because they support fall-run requested that we expand the areas above the Lewis River dams populations identified by the designation for this ESU to include (Lower Columbia Fish Recovery Board, Willamette/Lower Columbia TRT estuarine areas located behind tide gates 2004). The CHART also agreed that the (McElhany et al., 2003) as core in the Skagit River basin. areas above Condit Dam may be populations (historically abundant and Response: The CHART concurred that essential to ESU conservation, given the may offer the most likely path to these and other currently unoccupied unique ecological setting of that recovery). The resultant changes are estuarine areas were historically drainage and the limited number of summarized below under ‘‘Summary of occupied and may be essential to the populations and habitat areas in the Revisions.’’ conservation of this ESU. However, we Columbia River Gorge (Rawding, 2000; Comment 65: One commenter presently lack the information needed to Haring, 2003; McElhany et al., 2003). disagreed with the designation of Riffe prioritize and map the specific areas However, as described in the general Lake in the Cowlitz River Basin, that warrant designation as critical comments above (see ‘‘Identification of contending that it is unoccupied by this habitat. We welcome such information Critical Habitat Areas’’ section), at the ESU because fish are trapped and and will revise our designations if new present time we do not have hauled around the lake and it is not information—in particular, scientific information allowing us to determine essential for recovery of the ESU. assessments accompanying a recovery that the specific areas within the Response: The CHART disagreed that plan(s) involving affected landowners geographical area occupied by the Riffe Lake is unoccupied and noted a and other stakeholders—supports species are inadequate for conservation, recent report (Tacoma Public Utilities, designating these and other unoccupied such that we can make a determination 2003) noting that juvenile fish do escape areas. that currently unoccupied areas above capture at the upstream dam and transit dams are essential for conservation. We the lake on their downstream migration. ESU Specific Comments—Lower will revise the designation if ongoing Furthermore, the CHART underscored Columbia River Chinook Salmon recovery planning indicates that specific that the designation of Riffe Lake Comment 63: In the proposed rule we areas above these dams warrant maintains the connectivity of a high requested comments on the potential designation as critical habitat. value rearing and migration corridor for designation of unoccupied areas Comment 64: Two commenters Chinook salmon spawning in five high- upstream of Condit, Merwin, Swift, disagreed with the exclusion of habitat value watersheds upstream.
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52651
ESU Specific Comments—Upper or steelhead ever occurred upstream of these areas have been identified by Willamette River Chinook Salmon the dam, citing in particular a report by Puget Sound watershed planners and Comment 66: In the proposed rule we Chapman et al. (1995) that did not find scientists as crucial for juvenile salmon. requested comments on the potential evidence of historic occupation. One noted that excluding these zones Response: The CHART maintained designation of unoccupied areas would run contrary to our 4(b)(2) that habitat areas upstream of Enloe upstream of Big Cliff and Detroit dams. approach since all of the Puget Sound Dam may be essential for the We noted that the CHART believed that nearshore areas were identified as high- conservation of this ESU, and noted that each of these unoccupied areas may be conservation value areas. One while there are some uncertainties essential to the conservation of this commenter requested that we extend the regarding the ESU’s historical designated nearshore zone westward to ESU. No comments disputed this distribution in this area, that the include all shallow waters in the Strait conclusion and one commenter noted extensive habitat would likely be of Juan de Fuca. that the Willamette/Lower Columbia productive for this species. However, as Response: We agree with the River TRT’s viability assessments described in the general comments commenters’ concerns and are going indicate a relatively high risk of above (see ‘‘Identification of Critical forward with designating nearshore extinction for this ESU and thereby Habitat Areas’’ section), at the present areas as critical habitat for this ESU. The support designating, and re-gaining time we do not have information CHART also noted that additional access to, unoccupied historical areas allowing us to determine that the nearshore areas west of the Elwha River upstream of these dams as well as Green specific areas within the geographical may be essential for the conservation of Peter Dam on the South Santiam River. area occupied by the species are this ESU, but based on the best Response: The CHART maintained inadequate for conservation, such that information available at this time, we that areas above the North Santiam we can make a determination that cannot conclude that the area is either dams may be essential for the currently unoccupied areas above dams occupied and contains the PCEs, or is conservation of this ESU and agreed that are essential for conservation. We will unoccupied and is essential for the TRT’s viability assessment revise the designation if ongoing conservation. If we determine that these (McElhany et al., 2003) strongly recovery planning indicates that specific or other nearshore areas warrant suggests that these areas may warrant areas above this dam warrant designation or revision we will do so designation. The CHART also noted that designation as critical habitat. under subsequent rulemaking. recent reintroduction efforts underscore Comment 70: One commenter the importance of these areas and, if ESU Specific Comments—Hood Canal Summer-Run Chum Salmon questioned whether areas above Elwha continued, may warrant considering Dam had been proposed for designation, them as occupied habitat areas. The Comment 68: One commenter but believed that we should nonetheless CHART also agreed that areas upstream strongly supported our designation of designate these unoccupied areas for of Green Peter Dam may be essential for several creeks and streams in Hood this ESU. the conservation of this ESU, especially Canal, but they and another commenter Response: The areas above Elwha given the limited number of populations disagreed with the exclusion of the Dam were not proposed for designation in this ESU (Myers et al., 2003) and the Skokomish River and noted that this and the CHART did not identify these likely productivity of that historical large stream likely has the highest areas as essential for the conservation of habitat. However, as described in the production potential of any Hood Canal the ESU. general comments above (see summer-run chum stream. Comment 71: One commenter ‘‘Identification of Critical Habitat Areas’’ Response: The CHART reviewed these provided an update and edits pertaining section), at the present time we do not comments and maintained that this to three hatchery programs that have have information allowing us to watershed is of medium conservation been discontinued consistent with the determine that the specific areas within value to this ESU relative to other provisions of the Hood Canal Summer the geographical area occupied by the occupied watersheds. All habitat areas Chum Restoration Initiative (WDFW and species are inadequate for conservation, in the Skokomish River watershed had PNPTT, 2000). such that we can make a determination been proposed for exclusion due to Response: We appreciate receiving the that currently unoccupied areas above economic impacts, and they still exceed updates and have made corrections to dams are essential for conservation. We these economic thresholds (NMFS, the CHART report for this ESU to reflect will revise the designation if ongoing 2005c). However, after reviewing these this information. recovery planning indicates that specific comments the CHART now concludes areas above these dams warrant that excluding habitat areas in this ESU Specific Comments—Columbia designation as critical habitat. watershed would significantly impede River Chum Salmon the conservation of the ESU. The Comment 72: One commenter ESU Specific Comments—Upper CHART noted that the watershed believed that we should designate Columbia River Spring-Run Chinook contains the largest intact estuary in unoccupied areas for this ESU above Salmon Hood Canal and that designation was Condit Dam on the Big White Salmon Comment 67: In the proposed rule we warranted given the limited amount of River. Two commenters believed that requested comments on the potential habitat available to these fish we should designate unoccupied areas designation of unoccupied areas throughout the ESU’s range and our for this ESU on the Wind River up to upstream of Enloe Dam. We noted that earlier determination that several Shipherd Falls. the CHART believed that these unoccupied streams/reaches in other Response: The CHART agreed that unoccupied areas may be essential for watersheds were essential for the ESU’s each of these unoccupied areas may be the conservation of this ESU. One conservation. The resultant changes are essential for the conservation of this commenter supported the designation of summarized below under ‘‘Summary of ESU, especially given the limited critical habitat above this dam, citing Revisions.’’ amount of habitat in the Columbia River the area’s historic use and potential Comment 69: Several commenters Gorge region for this ESU (McElhany et recovery opportunities. Another objected to the potential exclusion of all al., 2003). However, as described in the commenter questioned whether salmon nearshore zones for this ESU and noted general comments above (see
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52652 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
‘‘Identification of Critical Habitat Areas’’ occupied and are essential for the factored their condition into the overall section), we did not have information conservation of this ESU. Based on this medium conservation value assigned to presently available to allow us to assessment we believe that the specific each watershed. determine that the currently unoccupied areas identified in this final designation As a result of reviewing the best areas are inadequate to support are those that meet the ESA’s definition available information for these and conservation, such that designation of of critical habitat (see also Comment 7). other areas occupied by this ESU the these unoccupied areas is essential for CHART determined that Henry Creek ESU Specific Comments—Upper conservation. We will revise the was not occupied by the species and Columbia River Steelhead designation for this ESU if ongoing that the Entiat River (Entiat River recovery planning efforts indicate that Comment 75: In the proposed rule we watershed, proposed for designation) specific areas above these dams warrant requested comments on the potential contained spawning PCEs downstream designation as critical habitat. designation of unoccupied areas from the vicinity of Marical Canyon. Comment 73: Two commenters upstream of Enloe Dam. We noted that The resultant changes are summarized believed that we should designate the CHART believed that these below under ‘‘Summary of Revisions.’’ unoccupied areas for this ESU above unoccupied areas may be essential to Comment 77: Three commenters Merwin Dam on the Lewis River while the conservation of this ESU. One asserted that it was inappropriate to one opposed it. commenter supported the designation of designate critical habitat in the Sand Response: The CHART considered critical habitat above this dam, citing Hollow wasteway (Columbia River/Sand these comments but concluded that the area’s historic use and potential Hollow watershed) and in Crab Creek these unoccupied areas are not essential recovery opportunities, while another (Lower Crab Creek watershed). These for conservation of this ESU. They noted commenter cited several references that commenters argued that habitat that there is a significant amount of suggest the areas above Enloe Dam were conditions make these areas unsuitable extant habitat accessible and occupied not historically occupied by steelhead. for salmonids. by this ESU in other major tributaries to Response: The CHART maintained Response: The CHART reviewed these the Lower Columbia River (e.g., that habitat areas upstream of Enloe comments and concluded that these lowermost portions of the Lewis River, Dam may be essential for the areas are occupied based on area and the Cowlitz, Washougal, and Grays conservation of this ESU, and noted that surveys described in NMFS’’ 2000 Rivers) and that the historic areas above while there are some uncertainties FCRPS biological opinion (NMFS, Merwin Dam are presently, and will regarding the ESU’s historical 2000). The CHART acknowledged that likely continue to be, inundated and distribution in this area, the extensive flow and temperature conditions may unsuitable for this species. habitat would likely be productive for occasionally limit access to some habitat this species. However, as described in areas in these watersheds but ESU Specific Comments—Ozette Lake the general comments above (see underscored that the relatively few Sockeye Salmon ‘‘Identification of Critical Habitat Areas’’ remaining tributary habitats are Comment 74: One commenter agreed section), at the present time we do not important to steelhead. The CHART also with the CHART finding that the Ozette have information allowing us to maintained that it was reasonable to Lake watershed was a high conservation determine that the specific areas within conclude that steelhead originating from value, but argued that the assessment the geographical area occupied by the this watershed may be uniquely adapted was incomplete and inaccurate. This species are inadequate for conservation, to the high temperatures cited by the commenter provided data regarding such that we can make a determination commenters. Also, the CHART noted spawning and rearing locations that currently unoccupied areas above that NMFS has maintained that when throughout the watershed. They also dams are essential for conservation. We fish are found here that the BOR should urged us to designate all fluvial waters will revise the designation if ongoing pursue an appropriate course of action in the watershed due to their influence recovery planning indicates that specific when fish are present (i.e. ensuring on sockeye habitat downstream, and, in areas above this dam warrant flows), not necessarily just minimizing particular, feeder streams adjacent to designation as critical habitat. attraction to the area (as suggested by spawning beaches in the lake, and Comment 76: Two commenters the commenter). asserted that restricting the designations questioned whether upper Salmon to only occupied areas will not recover Creek in the Okanogan subbasin was ESU Specific Comments—Snake River this ESU. occupied by steelhead, citing flow Steelhead Response: The CHART reviewed these conditions that they believed may limit Comment 78: In the proposed rule we comments and has updated the access. One of these commenters also requested comments on the potential references and made corrections in its questioned whether upper Chumstick designation of unoccupied areas final report (NMFS, 2005a). These Creek in the Wenatchee subbasin was upstream of Dworshak Dam. We noted corrections include edits to the species’ occupied by steelhead. that the CHART believed that this area life history and habitat use descriptions, Response: The CHART confirmed that (presently unoccupied by anadromous and distribution changes to incorporate both Salmon and Chumstick creeks are O. mykiss) may be essential to the more recent spawning surveys (Makah occupied by steelhead based on conservation of this ESU. One Tribe, 2005). The CHART appreciated information from the Colville commenter did not believe it was the commenter’s concern for the entire Confederated Tribes (2003 and 2005) appropriate to designate these areas to fluvial hydrosystem in this basin and USFWS (2004). The CHART protect resident O. mykiss. (including sediment feeder streams, acknowledged that flow conditions may Response: Dworshak Dam on the riparian zones, floodplains, and alluvial occasionally limit access to some habitat North Fork Clearwater River is a barrier aquifers), but concluded that most of the areas in the lower Okanogan River but to the upstream migration of steelhead. areas identified therein were not underscored that the relatively few The CHART reviewed these areas as occupied at the time of listing nor were remaining tributary habitats in this area part of its habitat assessment for this they likely to have been occupied are crucial for the conservation of this ESU and concluded that they may be historically. In addition, the CHART did ESU. For both watersheds the CHART essential for conservation. Although not identify areas that could be considered the quality of the PCEs and many areas are now inundated, the
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52653
CHART concluded that most of the mainstem Lemhi River for as long as 100 Comment 80: One commenter blocked watersheds are still in good years (due to irrigation dewatering and/ believed that Sweetwater and Webb condition. The CHART also noted that or natural dewatering), were not creeks (Upper Sweetwater Creek the Interior Columbia Basin TRT occupied at the time of listing, and watershed) should be excluded from identified these areas as part of a should not be considered essential for designation. They contended that the historically independent population and the conservation of this ESU. construction and subsequent operation underscored that the resident O. mykiss Response: The areas in question of the Lewiston Orchards Project diverts above Dworshak Dam are genetically consist of the upper Pahsimeroi and flows from most of the habitat that may unique relative to other O. mykiss in the Lemhi Rivers and adjacent tributaries in once have been potentially accessible to Clearwater River Basin. A recently the watersheds identified above. These steelhead in Sweetwater and Webb completed status review update of this areas may support resident O. mykiss, creeks during the summer. The existing ESU (NMFS, 2003) noted that ‘‘recent but this life form (for reasons discussed diversions result in summer/fall genetic data suggest that native resident previously in this document) was not dewatering of these streams and thus O. mykiss above Dworshak Dam on the part of the steelhead ESU listed in 1997. strongly influence the current quality North Fork Clearwater should be Comments received from the USFS and extent of PCEs. considered part of this ESU, but indicate that the upper Pahsimeroi River Response: The CHART maintained hatchery rainbow trout that have been naturally sinks above Furey Lane (near that this watershed warrants a medium introduced to that and other areas river mile 24) for a distance of several conservation value. The CHART noted would not.’’ Given these considerations, miles upstream. In most years this that Sweetwater and Webb creeks flow the CHART concluded that these creates a natural barrier to fish into Lapwai Creek (in a high blocked watersheds may be essential for migration (although upstream areas are conservation value watershed) and ESU conservation, but it was uncertain occasionally accessible to steelhead provide the best spawning and rearing which specific areas within them may during extreme flow events). The habitat for A-run steelhead in the warrant consideration as critical habitat. CHART reviewed the conservation Lapwai Creek drainage. As one of the Because the areas above the dam are value of unoccupied areas within the few remaining drainages in the unoccupied by steelhead (but do Lemhi and Pahsimeroi River subbasins Clearwater River basin that produces A- support resident O. mykiss which were and determined that they may be run steelhead, the CHART concluded not part of the steelhead ESU listed in essential for conservation but that the that these watersheds are of high or 1997), and the status of all proposed O. sporadic access to these areas does not medium conservation value to this ESU. mykiss ESUs is still under review (70 FR support a conclusion that they are Therefore, we found that the benefits of 37219, June 28, 2005), there is occupied or that they are unoccupied exclusion of this area did not outweigh considerable uncertainty regarding but essential for conservation. the benefits of its inclusion. whether these areas will be considered In the case of the Texas Creek Comment 81: One commenter essential for the conservation of this watershed the CHART did review new believed that Big Mallard Creek and ESU and we are not designating critical information from the U.S. Bureau of Wind River should not be excluded habitat in these areas at this time. Land Management (BLM, 2005) from designation. This commenter also In addition, the CHART further identifying occupied habitat areas with contended that the South Fork assessed the occupied stream reaches spawning and rearing PCEs and that Clearwater River and tributaries (e.g., immediately downstream of Dworshak may require special management the Potlatch River) were erroneously Dam (Lower North Fork Clearwater) and consideration or protection (NMFS, classified as unoccupied and excluded. determined that this short 2005a). The CHART noted that this is They concluded that all streams in the (approximately 2 miles (3.2 km)) the only remaining unfragmented Clearwater and Salmon River basins segment does not contain PCEs for headwater stream serving as a primary should be designated critical habitat. steelhead. The CHART cited the fact tributary of origin for the upper Lemhi Response: These watersheds were that this area is primarily a tailrace of River and that steelhead have been classified as occupied and as containing the dam and that juvenile steelhead observed returning to Purcell Springs (a PCEs that may require special probably have little chance of survival spring-fed tributary to Texas Creek) management considerations or in this reach of the river. The resultant about ten miles upstream from the protection, but they received a low changes are summarized below under Lemhi River’s origin at Leadore. This conservation value rating because they ‘‘Summary of Revisions.’’ watershed was considered to be of high have very limited amounts of PCEs Comment 79: In the proposed rule we conservation value to the ESU, and (approximately 2 miles (3.2 km) total). requested comments on the potential occupied habitat areas within this Accordingly they were proposed for designation of unoccupied reaches of watershed are now being designated as exclusion. We received no new the Pahsimeroi River subbasin, critical habitat. The resultant changes information to change the CHART’s specifically in the following watersheds: are summarized below under ‘‘Summary assessment, and the CHART maintained Big Creek, Pahsimeroi River/Goldberg of Revisions.’’ that the exclusion of these watersheds Creek, and Upper Pahsimeroi River. The CHART also noted that the would not significantly impede Similarly, we requested comments on Agency Creek watershed (tributary to conservation of the ESU. This finding unoccupied reaches in the Lemhi River the lower Lemhi River) warranted includes an implicit determination that subbasin in the Big Timber Creek, elevation from a low to a medium exclusion will not lead to extinction of Eighteen Mile Creek, Hawley Creek, and conservation value based on recent the species concerned. Texas Creek watersheds. We noted that model watershed rankings (Upper Comment 82: One commenter the CHART believed that these Salmon Basin Watershed Project, 2002 believed that steelhead occupy the unoccupied areas may be essential to and 2004) that place this as a high mainstem of Morgan Creek (Upper the conservation of this ESU. One priority tributary with important Salmon River subbasin) upstream of the commenter supported the designation of juvenile rearing PCEs and thermal confluence with the West Fork Morgan these streams while another stated that refugia. This watershed was proposed Creek. The commenter noted that a these areas have been disconnected for designation and is designated in this biologist from the Salmon-Challis from the lower Pahsimeroi River and final rule. National Forest has documented the
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52654 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
presence of steelhead in the upstream ESU Specific Comments—Middle areas above these dams warrant habitat areas. Columbia River Steelhead designation as critical habitat. Response: The CHART reviewed Comment 85: In the proposed rule we The CHART agreed with the documentation from the Salmon-Challis requested comments on the potential comments regarding the importance of National Forest and found additional designation of unoccupied upper the habitat areas downstream of Condit occupied habitat areas upstream of the reaches of Wilson and Naneum creeks Dam and these occupied stream reaches areas identified in the proposed rule for and areas upstream of Bumping, Cle are being designated as critical habitat critical habitat (Salmon Challis National Elum, Keechelus, Kachess, and Tieton for this ESU. Comment 86: One commenter noted Forest, 2001–2004). The CHART Dams. We noted that the CHART an error in the base map used to depict reviewed the new data and determined believed that these unoccupied areas the location and confluence of several that the areas are occupied and contain may be essential for the conservation of streams (Caribou Creek, Park Creek, and rearing PCEs (and likely spawning this ESU. One commenter did not Cooke Creek) near their property in the PCEs) which may require special support designating critical habitat Yakima River basin. management considerations or above these dams, citing concerns Response: We note the error, which is protection. All of the streams are either regarding the feasibility of providing based on a separate hydrography data tributary to or upstream extensions of passage and potential habitat set from the State of Washington. The other occupied habitat areas. The limitations. In contrast, another CHART concluded that the extent of resultant changes are summarized below commenter supported designations steelhead distribution in Cooke Creek under ‘‘Summary of Revisions.’’ above all of the dams except Tieton was accurate and noted that the Comment 83: One peer reviewer Dam, citing the recovery potential confluence error cited did not affect the agreed with the designations identified afforded by these habitats. Two delineation of critical habitat in this in the Grande Ronde and Imnaha River commenters believed that unoccupied stream. basins and another identified several areas above Pelton Dam in the Comment 87: One commenter locations where ODFW biologists had Deschutes River basin should be questioned whether areas on the Little recently identified additional occupied designated as critical habitat for this Klickitat River above a waterfall at RM reaches in the Grande Ronde River ESU, citing agency statements regarding 6.1 warrant designation as critical subbasin. FERC relicensing at this project. Several habitat, contending that PCEs are not Response: The CHART reviewed the commenters supported the designation present in this area. new data and determined that the areas of areas above Condit Dam on the Big Response: The CHART reviewed these are occupied and contain rearing PCEs White Salmon River (erroneously comments, as well as its own (and likely spawning PCEs) which may ascribed to the Lower Columbia ESU in observations of the falls, and concluded require special management our proposed rule) while one opposed that it is not impassable to steelhead, considerations or protection. All of the it. One commenter requested that we although it acknowledges that it can be streams are either tributary to or designate critical habitat on the lower a partial barrier under certain flow upstream extensions of other occupied White Salmon River below Condit Dam, conditions (i.e., when flows are habitat areas. The resultant changes are noting that this area provides cold-water extremely low or high). They noted that summarized below under ‘‘Summary of refuge for summer-run steelhead the commenters acknowledge that Revisions.’’ migrating to areas within and upstream steelhead might be able to pass under of this ESU. certain flow conditions and cited Comment 84: During its final Response: The CHART maintained evidence of recent spawning activity deliberations the CHART reviewed their earlier findings that unoccupied above the falls to confirm the CHART’s recent information from the BLM (BLM, areas in the upper reaches of Wilson conclusion (NMFS, 2005a). 2005) that included steelhead survey and Naneum creeks and areas upstream Comment 88: One commenter data for several watersheds in the of Bumping, Cle Elum, Kacheelus, questioned whether areas on Swale following subbasins: Hells Canyon, Kachess, Tieton, and Condit Dams may Creek (a tributary to the Klickitat River) Lower Salmon, Little Salmon River, be essential to the conservation of the warrant designation as critical habitat, South Fork Clearwater, and Clearwater. ESU. The comment that did not support contending that PCEs are not present in These data were not available for review this conclusion did not provide this area due to warm water conditions. prior to issuance of our proposed rule compelling information that the Response: The CHART reviewed the last year. CHART’s conclusion was in error. Also, information submitted by the Response: The CHART reviewed the the CHART agreed with the comments commenter and agreed that at certain new data and determined that the areas that areas upstream of Pelton Dam may times the low flow and thermal are occupied and contain rearing PCEs be essential for this ESU as well, citing conditions in this creek can make the (and likely spawning PCEs) which may recent efforts to re-establish steelhead PCEs unsuitable for steelhead. The require special management into historical habitat above this dam. CHART did not believe that this was considerations or protection. Most of the However, as described in the general always the case throughout the drainage streams are either tributary to or comments above (see ‘‘Identification of but concluded that the PCEs could be upstream extensions of other occupied Critical Habitat Areas’’ section), at the considered nonexistent in the habitat areas. In a few cases the survey present time we do not have uppermost reaches, in particular above data identified occupied stream reaches information allowing us to determine the upper end of Swale Canyon. in three watersheds in the Clearwater that the specific areas within the Therefore, we have removed subbasin previously thought to be geographical area occupied by the approximately 1 stream mile previously unoccupied, specifically Upper Big Bear species are inadequate for conservation, considered for designation. The Creek, Upper Lapwai Creek, and such that we can make a determination resultant changes are summarized below Mission Creek. These areas are that currently unoccupied areas above under ‘‘Summary of Revisions.’’ expanded accordingly and the resultant dams are essential for conservation. We Comment 89: One commenter changes are summarized below under will revise the designation if ongoing requested that we not designate critical ‘‘Summary of Revisions.’’ recovery planning indicates that specific habitat in the Sulphur Creek, Spring
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52655
Creek, Snipes Creek, and Corral Creek Comment 92: One peer reviewer 2004). However, as described in the wasteways in the Yakima River/Spring agreed with the designations identified general comments above (see Creek watershed, contending there is in the John Day River basin, and another ‘‘Identification of Critical Habitat Areas’’ limited fish use and that PCEs are not commenter recommended designating section), at the present time we do not suitable or present in these areas. tributaries to the lower John Day River have information allowing us to Response: The CHART reviewed these and identified several locations where determine that the specific areas within comments and maintained that these ODFW biologists had recently identified the geographical area occupied by the areas are occupied and contain PCEs, additional occupied reaches in the species are inadequate for conservation, noting that the occupied lowermost Upper and North Fork John Day River such that we can make a determination portions of these tributaries provide subbasins. that currently unoccupied areas above important year-round thermal refugia Response: The CHART reviewed these dams are essential for conservation. We for this ESU. However, the CHART also data and determined that the areas are will revise the designation if ongoing noted that PCEs in two of these streams occupied and contain spawning and recovery planning indicates that specific are likely more limited than originally rearing PCEs which may require special areas above these dams warrant proposed for the reasons cited by the management considerations or designation as critical habitat. commenter, e.g., substrate protection (NMFS, 2005a). All of the Comment 94: Two commenters embeddedness and flow conditions. streams are either tributary to or disagreed with the exclusion of the Therefore, we have revised our maps to upstream extensions of other occupied lower Gorge tributaries noting that they reflect the lack of PCEs in Snipes and habitat areas. The CHART also were deemed important in a recent Sulphur creeks. The resultant changes concluded that in light of comments interim recovery plan for this region of are summarized below under ‘‘Summary from ODFW, as well as the importance the lower Columbia River (Lower of Revisions.’’ and uniqueness of low-elevation Columbia Fish Recovery Board, 2004). Comment 90: One commenter spawning habitat in tributaries to the Another commenter identified several questioned the designation of critical lower John Day River, that two locations where ODFW biologists had habitat in the McKay Creek watershed watersheds (Lower John Day River/Ferry recently identified additional occupied in the Umatilla River basin, contending Canyon and Lower John Day River/Scott reaches in the Columbia Gorge there is limited fish use due to lack of Canyon) should be elevated from low to tributaries. fish passage and insufficient flows. This medium conservation value. The Response: The CHART reviewed these commenter also questioned the extent resultant changes are summarized below comments, as well as information and quality of PCEs in the Stanfield under ‘‘Summary of Revisions.’’ Drain (Stage Gulch watershed). The contained in the cited interim recovery commenter also suggested corrections to ESU Specific Comments—Lower plan, and maintained that both the list of management activities Columbia River Steelhead watersheds in this area (i.e., the identified in the CHART report for this Comment 93: In the proposed rule we Columbia Gorge Tributaries and Middle and other watersheds in the range of requested comments on the potential Columbia/Eagle Creek watersheds) were this ESU. designation of unoccupied areas of medium conservation value relative Response: The CHART reviewed and upstream of Bull Run, Condit, Merwin, to other watersheds in the range of this disagreed with these comments, noting Swift, and Yale Dams. We noted that the ESU. All habitat areas in both that a weir at the river mouth is not an CHART believed that each of these watersheds had been proposed for effective barrier for adults (e.g., debris unoccupied areas may be essential to exclusion due to economic impacts, but jams create passage) and cited evidence the conservation of this ESU. One only the former watershed still exceeds in a recent NMFS biological opinion commenter opposed the designation of these thresholds (NMFS, 2005c). After regarding minimum flows in Mckay areas upstream of Bull Run Dam in the reviewing these and other comments for Creek (Confederated Tribes of the Sandy River basin. Four commenters this ESU received on the proposed rule, Umatilla Indian Reservation, 2001). The supported the designation of areas the CHART now concludes that CHART also noted that cold water above Merwin, Swift, and Yale Dams in excluding habitat areas in the Columbia temperatures in this creek underscore the Lewis River basin while one Gorge Tributaries watershed would its classification as a high conservation opposed it. significantly impede the conservation of value HUC5. We appreciate the Response: We note that in the the ESU. As support for this conclusion comments and corrections to the list of proposed rule we erred in identifying the CHART noted that the interim management activities and have made Condit Dam as within the range of this recovery plan (Lower Columbia Fish corresponding changes to the CHART ESU when in fact it should have been Recovery Board, 2004) specifies that the report (NMFS, 2005a). noted for the Middle Columbia River lower Gorge tributaries winter-run Comment 91: One commenter steelhead ESU. The CHART maintained population is targeted to achieve a high questioned whether Bachelor Creek, a that unoccupied areas above all of these viability level, and there are a small side channel/irrigation conveyance to dams, except Bull Run Dam, may be number of demographically Ahtanum Creek, warranted designation essential for the conservation of this independent populations in this region as critical habitat since it had been ESU. In the latter case the CHART and each will be important for recovery screened to prevent fish access. concurred with the information (McElhany et al., 2003). Response: The CHART reviewed this provided by the commenter and The CHART reviewed the data from comment and, based on its own field believed that these areas were not likely ODFW and determined that the areas observations of the site, agreed that this to be as important to the conservation of are occupied and contain spawning and creek is not likely to be occupied by the the ESU as unoccupied areas in the rearing PCEs which may require special ESU and that regardless, the PCEs upper Lewis River above Merwin, Swift management considerations or would not likely be suitable here for and Yale Dams. Moreover, the CHART protection. All of the streams are either steelhead. We have revised our maps noted that a recent interim recovery tributary to or upstream extensions of accordingly and the resultant changes plan supports the reintroduction of fish other occupied habitat areas. The are summarized below under ‘‘Summary to areas above the Lewis River dams resultant changes are summarized below of Revisions.’’ (Lower Columbia Fish Recovery Board, under ‘‘Summary of Revisions.’’
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52656 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
Comment 95: One commenter capture at the upstream dam and transit unoccupied. The CHART acknowledged disagreed with the exclusion of habitat the lake on their downstream migration. that there is some longstanding areas in the Salmon Creek watershed. Furthermore, the CHART underscored uncertainty regarding whether these Response: The CHART reviewed these that the designation of Riffe Lake tributaries ever supported a comments as well as the information in maintains the connectivity of a high demographically independent the interim recovery plan for this area value rearing and migration corridor for population (Fulton, 1970; McElhany et ((Lower Columbia Fish Recovery Board, Chinook salmon spawning in five high- al., 2003; Myers et al., 2003), and this 2004) and maintained that this value watersheds upstream. factored into their conclusion that most watershed still warrants a medium westside watersheds were only of low ESU Specific Comments—Upper conservation value and that exclusion conservation value to the ESU. Willamette River Steelhead would not significantly impede the However, the CHART maintained that conservation of the ESU. The CHART Comment 99: One commenter the areas do contain PCEs that support noted that this population is targeted for believed that unoccupied areas above steelhead (Fulton, 1970; ODFW, 1990 ‘‘stabilizing,’’ which underscores that it Big Cliff, Detroit and Green Peter Dams and 1995; and Busby et al., 1996) and is not presently considered as high a should be designated as critical habitat that the rearing habitat in these conservation concern as others in this for this ESU, noting that the TRT tributaries is important to juvenile fish ESU. Given that finding and the viability assessments indicate a from elsewhere in the Willamette River relatively high economic impacts relatively high risk of extinction for this Basin because of the loss of rearing areas associated with this watershed, we ESU and thereby support designating, in the mainstem Willamette River. The conclude that exclusion is warranted for and regaining access to, unoccupied CHART also noted that westside this watershed. historical areas upstream of these dams tributaries may be important to protect Comment 96: One commenter as well as Green Peter Dam on the South the ESU against catastrophes (e.g., identified several locations where Santiam River. earthquake events, see McElhany et al. ODFW biologists had recently identified Response: The CHART concurred that 2003) that would affect eastside additional occupied reaches in the areas above the North Santiam dams populations. Given that concern, the Lower, Upper and North Fork John Day may be essential for the conservation of CHART maintained that of the westside River subbasins. this ESU and agreed that the tributaries, the Luckiamute River, Upper Response: The CHART reviewed these Willamette/Lower Columbia TRT’s Yamhill, and Gales Creek watersheds data and determined that the areas are viability assessment (McElhany et al., were of higher (medium) conservation occupied and contain spawning and 2003) strongly suggests that these areas value to this ESU, especially since they rearing PCEs which may require special may warrant designation. The CHART had habitat that was relatively management considerations or also agreed that areas upstream of Green widespread compared to other westside protection (NMFS, 2005a). All of the Peter Dam may be essential for the tributaries (NMFS, 2005a). streams are either tributary to or conservation of this ESU, especially Comment 101: One commenter upstream extensions of other occupied given the limited number of populations disagreed with the designation of the habitat areas. The resultant changes are in this ESU and the likely productivity Spring Hill Pumping Station intake summarized below under ‘‘Summary of of that historical habitat. However, as canal off of Gales Creek in the Tualatin Revisions.’’ described in the general comments River subbasin. This commenter Comment 97: One commenter noted above (see ‘‘Identification of Critical contended that there was no biological mapping errors in Boody Creek and that Habitat Areas’’ section), at the present basis for the designation and noted the natural barriers on their property time we do not have information CHART and TRT acknowledged that it prevent fish from occupying some areas allowing us to determine that the was questionable whether this area proposed for designation on their specific areas within the geographical supported a historically independent property. This commenter noted that area occupied by the species are population of steelhead (Myers et al., our data conflict with maps contained inadequate for conservation, such that 2003). The commenter also asserted that in the recent subbasin plan by the we can make a determination that the steelhead present are most likely Lower Columbia River Fish Recovery currently unoccupied areas above dams non-listed hatchery fish. Board (Lower Columbia Fish Recovery are essential for conservation. We will Response: The CHART disagreed and Board, 2004). revise the designation if ongoing maintained that the Gales Creek Response: The CHART reviewed the recovery planning indicates that specific watershed is still of medium comments and maps and information in areas above these dams warrant conservation value to this ESU and the cited report and concluded that the designation as critical habitat. pointed out that data submitted by the species’ distribution was in error. The Comment 100: One peer reviewer commenter demonstrates that listed CHART noted that a gradient barrier agreed with the designations identified steelhead are known to spawn and rear does exist at the site indicated by the in the Willamette River basin. Another in the Tualatin River drainage and to landowner/commenter. The resultant commenter disagreed with the use this canal. changes are summarized below under designations identified in westside Comment 102: The CHART received ‘‘Summary of Revisions.’’ tributaries of the Willamette River basin, and reviewed new information from the Comment 98: One commenter in particular the Luckiamute and Molalla River basin indicating that its disagreed with the designation of Riffe Yamhill Rivers, noting that the CHART initial watershed ratings may need Lake in the Cowlitz River basin, and TRT acknowledged that it was revision. contending that it is unoccupied by this questionable whether these streams Response: The CHART received ESU because fish are trapped and supported a historically independent recent data from a watershed assessment hauled around the lake, and the lake is population of steelhead. underway in this basin (NMFS, 2005a). not essential for recovery of the ESU. Response: The CHART disagreed with As a result, the CHART believed that the Response: The CHART disagreed that these comments, noting that the Abiqua Creek watershed should be Riffe Lake is unoccupied and noted a information cited in the comments does elevated from a low to a medium recent report (Tacoma Public Utilities, not provide compelling evidence that conservation value, and the Butte Creek 2003) noting that juvenile fish do escape these westside tributaries are and Rock Creek watersheds should be
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52657
reduced from a medium to a low Major changes included assessing new confusion with the concept of ‘‘recovery conservation. The CHART believed that impacts associated with pesticide units’’ as described in the agency’s these changes more accurately reflect consultations, revising Federal land section 7 handbook. the best scientific data available consultation costs to take into account The following sections summarize the regarding the distribution, quality, and wilderness areas, and modifying the ESU-specific changes to the proposed utilization of PCEs by steelhead in this analysis of Federal grazing land impacts critical habitat rule. These changes are subbasin. to more accurately reflect the likely also reflected in final agency reports III. Summary of Revisions geographic extent of ESA section 7 pertaining to the biological, economic, implementation. We also documented and policy assessments supporting these We evaluated the comments and new the economic costs of changes in flow designations (NMFS, 2005a; NMFS, information received on the proposed regimes for some hydropower projects. 2005c; and NMFS, 2005d). We conclude rule to ensure that they represented the (3) We conducted a new ESA section that these changes are warranted based best scientific data available and made 4(b)(2) analysis based on economic on new information and analyses that a number of general types of changes to impacts to take into account the above constitute the best scientific data the critical habitat designations, revisions. This resulted in the final available. including: exclusion of many of the same (1) We revised habitat maps and watersheds proposed for exclusion. It ESU Specific Changes—Puget Sound related biological assessments based on also resulted in some areas originally Chinook Salmon a final CHART assessment (NMFS, proposed for exclusion not being 2005a) of information provided by The CHART did not change excluded and some areas proposed for commenters, peer reviewers, and agency conservation value ratings for any designations now being excluded. The biologists (including CHART members). watershed or nearshore zone within the We also evaluated watersheds to analysis is described further in the geographical area occupied by this ESU. determine how well the conservation 4(b)(2) report (NMFS, 2005c). However, based on public comments value rating corresponded to the benefit (4) We conducted a 4(b)(2) analysis of and new information reviewed by the of designation, in particular the lands covered by three approved CHART, we have identified changes to likelihood of a section 7 consultation HCPs—WDNR, Green Diamond the delineation of occupied habitat areas occurring in that area and whether the Resources Company, and West Fork in several watersheds. Also, after consultation would yield conservation Timber Company. Our analysis consulting with the DOD, we are now benefits if it was likely to occur. Where concluded that the benefits of excluding designating a narrow nearshore zone in appropriate, we adjusted our these lands outweigh the benefits of some marine areas within Navy consideration of these ‘‘low section 7 designating them, based in part upon security/restricted zones (see leverage watersheds’’ in the final 4(b)(2) evidence received during the comment ‘‘Exclusions Based on National Security analysis (NMFS, 2005c). In addition, we period that exclusion would strengthen Impacts’’ section). Additionally, as a consulted with the DOD regarding the our relationship with these landowners. result of revised economic data for this delineation of nearshore marine areas in Critical habitat within lands covered by ESU and our final 4(b)(2) assessment, Puget Sound and revised the these HCPs is excluded in the final we are excluding tributaries in one designations to include a narrow designation. We did not receive watershed that were previously nearshore zone within some Navy sufficient information to make similar proposed for designation and excluding security/restricted zones. conclusions about the benefits of habitat areas overlapping with the (2) We revised our economic analysis exclusion for other areas, beyond those WDNR and Green Diamond Company based on information provided by proposed for exclusion in the proposed HCP lands. Table 1 summarizes the commenters and peer reviewers as well rule, with the modifications noted in specific changes made for this ESU (not as our own efforts as referenced in the number 3. including the HCP-related exclusions proposed rule and described in the final (5) In the regulations, we’ve removed which are identified along with all other economic analysis (NMFS, 2005d). reference to ‘‘units’’ to avoid possible types of exclusions in Table 13).
TABLE 1.—ESU SPECIFIC CHANGES—PUGET SOUND CHINOOK SALMON
Watershed Subbasin code Watershed/Area name Changes from Proposed Rule
Nooksack ...... 1711000402 Middle Fork Nooksack ...... Added 12 miles (19.2 km) of occupied habitat areas. Stillaguamish ...... 1711000802 South Fork Stillaguamish ...... Added 47 miles (75.6 km) of occupied habitat areas. Snoqualmie ...... 1711001004 Lower Snoqualmie River ...... Removed 6 miles (9.6 km) of unoccupied stream reaches. Lake Washington ...... 1711001201 Cedar River ...... Added 12 miles (19.2 km) of occupied habitat areas. Lake Washington ...... 1711001203 Lake Washington ...... Excluded tributaries from final designation. Marine Nearshore Zones ...... Included the narrow nearshore zone from extreme high tide to mean lower low tide within several Navy security/re- stricted zones.
ESU Specific Changes—Lower occupied habitat areas. However, as a one watershed that were previously Columbia River Chinook Salmon result of revised economic data for this proposed for exclusion, designating the ESU and our final 4(b)(2) assessment, connectivity corridor in another (North The CHART did not change we are excluding tributary habitat areas Fork Toutle River—erroneously conservation value ratings for any in one watershed and all habitat areas excluded in the proposed rule) and watershed within the geographical area in two watersheds that were previously excluding habitat areas overlapping occupied by this ESU, and there were proposed for designation. Also, we are with the WDNR and West Fork Timber no changes to the delineation of designating occupied habitat areas in Company HCP lands. Table 2
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52658 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
summarizes the specific changes made along with all other types of exclusions for this ESU (not including the HCP- in Table 14). related exclusions which are identified
TABLE 2.—ESU SPECIFIC CHANGES—LOWER COLUMBIA CHINOOK SALMON
Watershed Subbasin code Watershed name Changes from Proposed Rule
Middle Columbia/Hood ...... 1707010512 Middle Columbia/Grays Creek Excluded tributaries from final designation. Lower Columbia/Sandy ...... 1708000106 Washougal River ...... Included all occupied habitat areas in final designation. Cowlitz ...... 1708000501 Tilton River ...... Excluded all habitat areas from final designation. Cowlitz ...... 1708000504 North Fork Toutle River ...... Excluded tributaries only from the final designation.
ESU Specific Changes—Upper ESU, but there were no changes to the habitat areas in four watersheds and all Willamette River Chinook Salmon delineation of occupied habitat areas. habitat areas in two watersheds that The CHART changed the conservation Also, as a result of revised economic were previously proposed for value rating for one watershed within data for this ESU and our final 4(b)(2) designation. Table 3 summarizes the the geographical area occupied by this assessment, we are excluding tributary specific changes made for this ESU.
TABLE 3.—ESU SPECIFIC CHANGES—UPPER WILLAMETTE CHINOOK SALMON
Watershed Subbasin code Watershed name Changes from Proposed Rule
Upper Willamette ...... 1709000304 Oak Creek ...... Excluded tributaries from final designation. Mckenzie ...... 1709000406 Mohawk River ...... Excluded all habitat areas from final designation. Middle Willamette ...... 1709000701 Mill Creek/Willamette River .... Excluded tributaries from final designation. Molalla/Pudding ...... 1709000901 Abiqua Creek/Pudding River .. Changed conservation rating value from Low to Medium. Molalla/Pudding ...... 1709000902 Butte Creek/Pudding River ..... Excluded tributaries from final designation. Molalla/Pudding ...... 1709000903 Rock Creek/Pudding River ..... Excluded all habitat areas from final designation. Molalla/Pudding ...... 1709000904 Senecal Creek/Mill Creek ...... Excluded tributaries from final designation.
ESU Specific Changes—Upper the geographical area occupied by this assessment, we did not make any Columbia River Spring-Run Chinook ESU, but there were no changes to the changes to the areas that were Salmon delineation of occupied habitat areas. previously proposed for designation. The CHART changed the conservation Also, as a result of revised economic Table 4 summarizes the specific changes value rating for one watershed within data for this ESU and our final 4(b)(2) made for this ESU.
TABLE 4.—ESU SPECIFIC CHANGES—UPPER COLUMBIA RIVER SPRING-RUN CHINOOK SALMON
Watershed Subbasin code Watershed name Changes from Proposed Rule
Chief Joseph ...... 1702000505 Upper Columbia/Swamp Changed conservation rating from Medium to High. Creek.
ESU Specific Changes—Hood Canal However, after consulting with the areas in one watershed that were Summer-Run Chum Salmon DOD, we are now designating a narrow previously proposed for exclusion and nearshore zone in some marine areas excluding habitat areas overlapping The CHART did not change within Navy security/restricted zones with the WDNR HCP lands. Table 5 conservation value ratings for any (see ‘‘Exclusions Based on National summarizes the specific changes made watershed or nearshore zone within the Security Impacts’’ section). Also, as a for this ESU (not including the HCP- geographical area occupied by this ESU, result of revised economic data for this related exclusions which are identified and there were no changes to the ESU and our final 4(b)(2) assessment, along with all other types of exclusions delineation of occupied habitat areas. we are designating all occupied habitat in Table 17).
TABLE 5.—ESU SPECIFIC CHANGES—HOOD CANAL SUMMER-RUN CHUM SALMON
Watershed Subbasin code Watershed/Area name Changes from Proposed Rule
Skokomish ...... 1711001701 Skokomish River ...... Included all occupied habitat areas. Marine Nearshore Zones ...... Included the narrow nearshore zone from extreme high tide to mean lower low tide within several Navy security/re- stricted zones.
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52659
ESU Specific Changes—Columbia River no changes to the delineation of habitat areas overlapping with the Chum Salmon occupied habitat areas. However, as a WDNR HCP lands. Table 6 summarizes result of revised economic data for this the specific changes made for this ESU The CHART did not change ESU and our final 4(b)(2) assessment, (not including the HCP-related conservation value ratings for any we are excluding all habitat areas in one exclusions which are identified along watershed within the geographical area watershed that were previously with all other types of exclusions in occupied by this ESU, and there were proposed for designation and excluding Table 18).
TABLE 6.—ESU SPECIFIC CHANGES—COLUMBIA RIVER CHUM SALMON
Watershed Subbasin code Watershed name Changes from Proposed Rule
Cowlitz ...... 1708000505 Green River ...... Excluded all habitat areas from final designation.
ESU Specific Changes—Ozette Lake final 4(b)(2) assessment, we are now comments and new information Sockeye Salmon excluding habitat areas overlapping reviewed by the CHART, we have The CHART did not change the with the WDNR HCP lands (which are identified changes to the delineation of conservation value rating for the lone identified along with all other types of occupied habitat areas in one watershed within the geographical area exclusions in Table 19). watershed. Also, as a result of revised occupied by this ESU, and there were ESU Specific Changes—Upper economic data for this ESU and our only minor changes (approximately 4 Columbia River Steelhead final 4(b)(2) assessment, we are miles (6.6 km)) to the delineation of designating all habitat areas in one occupied habitat areas based on new The CHART changed the conservation watershed that were previously information submitted by the Makah value rating for one watershed within proposed for exclusion. Table 7 Tribe. Also, as a result of revised the geographical area occupied by this summarizes the specific changes made economic data for this ESU and our ESU. Additionally, based on public for this ESU.
TABLE 7.—ESU SPECIFIC CHANGES—UPPER COLUMBIA RIVER STEELHEAD
Watershed Subbasin cod Watershed name Changes from Proposed Rule
Chief Joseph ...... 1702000504 Jordan/Tumwater ...... Included all habitat areas in final designation. Chief Joseph ...... 1702000505 Upper Columbia/Swamp Changed conservation rating from Medium to High. Creek. Wenatchee ...... 1702001103 Nason/Tumwater ...... Removed 1 mile (1.6 km) of unoccupied stream reach.
ESU Specific Changes—Snake River identified changes to the delineation of designating habitat areas in two Steelhead occupied habitat areas (including watersheds that were previously reductions associated with areas lacking proposed for exclusion. Also, we are The CHART changed the conservation PCEs) in numerous watersheds and excluding habitat areas in four value rating for one watershed within identified four watersheds that were watersheds that were previously the geographical area occupied by this previously considered to be proposed for designation. Table 8 ESU. Additionally, based on public unoccupied. As a result of revised summarizes the specific changes made comments and new information economic data for this ESU and our for this ESU. reviewed by the CHART, we have final 4(b)(2) assessment, we are
TABLE 8.—ESU SPECIFIC CHANGES—SNAKE RIVER STEELHEAD
Watershed Subbasin code Watershed name Changes from Proposed Rule
Hells Canyon ...... 1706010101 Snake River/Granite Creek ..... Added 1 mile (1.6 km) of occupied habitat areas. Hells Canyon ...... 1706010102 Snake River/Getta Creek ...... Added 1 mile (1.6 km) of occupied habitat areas. Hells Canyon ...... 1706010104 Snake River/Divide Creek ...... Added 1 mile (1.6 km) of occupied habitat areas. Upper Grande Ronde River .... 1706010408 Phillips Creek/Willow Creek .... Added 10 miles (16.1 km) of occupied habitat areas. Lower Snake/Tucannon ...... 1706010704 Flat Creek ...... Excluded all habitat areas from final designation. Palouse River ...... 1706010808 Lower Palouse River ...... Excluded all habitat areas from final designation. Upper Salmon ...... 1706020118 Salmon River/Fourth of July Added 4 miles (6.4 km) of occupied habitat areas. Creek. Upper Salmon ...... 1706020132 Morgan Creek ...... Added 15 miles (24.1 km) of occupied habitat areas. Middle Salmon-Panther ...... 1706020321 Big Deer Creek ...... Included all habitat areas in final designation. Lemhi ...... 1706020404 Agency Creek ...... Excluded all habitat areas from final designation. Changed conservation rating from Low to Medium. Lemhi ...... 1706020408 Big Eight Mile Creek ...... Added 6 miles (9.6 km) of occupied habitat areas. Lemhi ...... 1706020412 Texas Creek ...... Added 14 miles (22.5 km) of occupied habitat areas. This watershed was considered to be unoccupied in the pro- posed designation.
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52660 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
TABLE 8.—ESU SPECIFIC CHANGES—SNAKE RIVER STEELHEAD—Continued
Watershed Subbasin code Watershed name Changes from Proposed Rule
Middle Salmon-Chamberlain ... 1706020702 Wind River ...... Included all habitat areas in final designation. Lower Salmon ...... 1706020911 Slate Creek ...... Added 1 mile (1.6 km) of occupied habitat areas. Little Salmon ...... 1706021001 Lower Little Salmon River ...... Added 3 miles (4.8 km) of occupied habitat areas. South Fork Clearwater ...... 1706030503 South Fork Clearwater River/ Added 1 mile (1.6 km) of occupied habitat areas. Peasley Creek. South Fork Clearwater ...... 1706030507 Red River ...... Added 3 miles (4.8 km) of occupied habitat areas. South Fork Clearwater ...... 1706030508 Crooked River ...... Added 4 miles (6.4 km) of occupied habitat areas. South Fork Clearwater ...... 1706030510 John’s Creek ...... Added 10 miles (16.1 km) of occupied habitat areas. South Fork Clearwater ...... 1706030511 Mill Creek ...... Added 8 miles (12.9 km) of occupied habitat areas. South Fork Clearwater ...... 1706030513 Cottonwood Creek ...... Added 11 miles (17.7 km) of occupied habitat areas. Clearwater ...... 1706030602 Clearwater River/Lower Pot- Added 11 miles (17.7 km) of occupied habitat areas. latch River. Clearwater ...... 1706030604 Lower Big Bear Creek ...... Added 22 miles (35.4 km) of occupied habitat areas. Clearwater ...... 1706030605 Upper Big Bear Creek ...... Added 12 miles (19.3 km) of occupied habitat areas. This watershed was considered to be unoccupied in the pro- posed designation. Clearwater ...... 1706030606 Potlatch River/Pine Creek ...... Added 5 miles (8.0 km) of occupied habitat areas. Clearwater ...... 1706030607 Upper Potlatch River ...... Added 7 miles (11.3 km) of occupied habitat areas. Clearwater ...... 1706030608 Clearwater River/Bedrock Added 8 miles (12.9 km) of occupied habitat areas. Creek. Clearwater ...... 1706030610 Big Canyon Creek ...... Added 9 miles (14.5 km) of occupied habitat areas. Clearwater ...... 1706030613 Upper Orofino Creek ...... Excluded all habitat areas from final designation. Added 1 mile (1.6 km) of occupied habitat areas. Clearwater ...... 1706030614 Jim Ford Creek ...... Added 6 miles (9.6 km) of occupied habitat areas. Clearwater ...... 1706030615 Lower Lolo Creek ...... Added 1 mile (1.6 km) of occupied habitat areas. Clearwater ...... 1706030620 Clearwater River/Fivemile Added 2 miles (3.2 km) of occupied habitat areas. Creek. Clearwater ...... 1706030623 Lower Lawyer Creek ...... Added 4 miles (6.4 km) of occupied habitat areas. Clearwater ...... 1706030627 Cottonwood Creek ...... Added 2 miles (3.2 km) of occupied habitat areas. Clearwater ...... 1706030628 Upper Lapwai Creek ...... Added 12 miles (19.3 km) of occupied habitat areas. This watershed was considered to be unoccupied in the pro- posed designation. Clearwater ...... 1706030629 Mission Creek ...... Added 14 miles (22.5 km) of occupied habitat areas. This watershed was considered to be unoccupied in the pro- posed designation. Clearwater ...... 1706030630 Upper Sweetwater Creek ...... Added 1 mile (1.6 km) of occupied habitat areas. Clearwater ...... 1706030801 Lower North Fork Clearwater Removed 2 miles (3.2 km) of occupied stream reaches lack- River. ing PCEs. Clearwater ...... 1706030631 Lower Sweetwater ...... Added 2 miles (3.2 km) of occupied habitat areas.
ESU Specific Changes—Middle CHART, we have identified changes to watersheds that were previously Columbia River Steelhead the delineation of occupied habitat areas proposed for exclusion. Additionally, in several watersheds (including we are excluding habitat areas in six The CHART changed the conservation reductions associated with areas lacking watersheds that were previously value rating for two watersheds within PCEs). Also, as a result of revised proposed for designation. Table 9 the geographical area occupied by this economic data for this ESU and our summarizes the specific changes made ESU. Based on public comments and final 4(b)(2) assessment, we are for this ESU. new information reviewed by the including habitat areas in two
TABLE 9.—ESU SPECIFIC CHANGES—MIDDLE COLUMBIA RIVER STEELHEAD
Watershed Subbasin code Watershed name Changes from Proposed Rule
Upper Yakima ...... 1703000102 Teanaway River ...... Added 6 miles (9.6 km) of occupied habitat areas. Upper Yakima ...... 1703000103 Middle Upper Yakima River .... Added 1 mile (1.6 km) of occupied habitat areas. Naches ...... 1703000201 Little Naches ...... Added less than 1 mile (1.6 km) of occupied habitat areas. Lower Yakima ...... 1703000301 Ahtanum Creek ...... Removed 17 miles (27.4 km) of occupied stream reaches lacking PCEs. Lower Yakima ...... 1703000306 Yakima River/Spring Creek .... Removed 23 miles (37.0 km) of occupied stream reaches lacking PCEs. Walla Walla ...... 1707010211 Lower Walla Walla River ...... Excluded tributaries from final designation. Umatilla ...... 1707010308 Stage Gulch ...... Exclude all habitat areas from final designation. Umatilla ...... 1707010310 Lower Butter Creek ...... Excluded all habitat areas from final designation. Middle Columbia/Hood ...... 1707010512 Middle Columbia/Grays Creek Excluded tributaries from final designation. Klickitat ...... 1707010604 Little Klickitat River ...... Removed 1 mile (1.6 km) of occupied stream reaches lack- ing PCEs.
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52661
TABLE 9.—ESU SPECIFIC CHANGES—MIDDLE COLUMBIA RIVER STEELHEAD—Continued
Watershed Subbasin code Watershed name Changes from Proposed Rule
Upper John Day ...... 1707020103 Middle South Fork John Day Added 4 miles (6.4 km) of occupied habitat areas. River. North Fork John Day ...... 1707020201 Upper North Fork John Day Added 2 miles (3.2 km) of occupied habitat areas. River. North Fork John Day ...... 1707020203 North Fork John Day River/Big Added 2 miles (3.2 km) of occupied habitat areas. Creek. North Fork John Day ...... 1707020206 Lower Camas Creek ...... Added 15 miles (24.1 km) of occupied habitat areas. North Fork John Day ...... 1707020207 North Fork John Day River/ Added 3 miles (4.8 km) of occupied habitat areas. Potamus Creek. Middle Fork John Day ...... 1707020305 Lower Middle Fork John Day Excluded tributaries from final designation. River. Lower John Day ...... 1707020409 Lower John Day River/Ferry Included all habitat areas in final designation. Changed con- Canyon. servation rating from Low to Medium. Lower John Day ...... 1707020410 Lower John Day River/Scott Included all habitat areas in final designation. Changed con- Canyon. servation rating from Low to Medium. Trout ...... 1707030704 Mud Springs Creek ...... Excluded all habitat areas from final designation.
ESU Specific Changes—Lower we have identified changes to the watershed that were previously Columbia River Steelhead delineation of occupied habitat areas in proposed for designation and excluding two watersheds. As a result of revised habitat areas overlapping with the The CHART did not change economic data for this ESU and our WDNR and West Fork Timber Company conservation value ratings for any final 4(b)(2) assessment, we are HCP lands. Table 10 summarizes the watershed within the geographical area designating habitat areas in two specific changes made for this ESU (not occupied by this ESU. However, based watersheds that were previously including the HCP-related exclusions on public comments and new proposed for exclusion. Additionally, which are identified along with all other information reviewed by the CHART, we are excluding all habitat areas in one types of exclusions in Table 23).
TABLE 10.—ESU SPECIFIC CHANGES—LOWER COLUMBIA RIVER STEELHEAD
Watershed Subbasin code Watershed name Changes from Proposed Rule
Middle Columbia/Hood ...... 1707010512 Middle Columbia/Grays Creek Added 4 miles (6.4 km) of occupied habitat areas. Middle Columbia/Hood ...... 1707010513 Middle Columbia/Eagle Creek Included all habitat areas in final designation. Lower Columbia/Sandy ...... 1708000107 Columbia Gorge Tributaries ... Included all habitat areas in final designation. Lewis ...... 1708000206 Lower Lewis River ...... Removed 1 mile (1.6 km) of unoccupied stream reach. Cowlitz ...... 1708000501 Tilton River ...... Excluded all habitat areas from final designation.
ESU Specific Changes—Upper comments or new information to watershed that were previously Willamette River Steelhead indicate changes in the delineation of proposed for exclusion. Also, we are occupied habitat areas for this ESU. excluding habitat areas in six The CHART changed conservation However, as a result of revised watersheds that were previously value ratings for three watersheds economic data for this ESU and our proposed for designation. Table 11 within the geographical area occupied final 4(b)(2) assessment, we are summarizes the specific changes made by this ESU. There were no public designating habitat areas in one for this ESU.
TABLE 11.—ESU SPECIFIC CHANGES—UPPER WILLAMETTE RIVER STEELHEAD
Watershed Subbasin code Watershed name Changes from Proposed Rule
Middle Willamette ...... 1709000701 Mill Creek/Willamette River .... Excluded tributaries from final designation. Yamhill ...... 1709000803 Mill Creek/South Yamhill River Excluded all habitat areas from final designation. Yamhill ...... 1709000804 Lower South Yamhill River ..... Excluded tributaries from final designation. Molalla/Pudding ...... 1709000901 Abiqua Creek/Pudding River .. Included all habitat areas in final designation. Changed con- servation rating from Low to Medium. Molalla/Pudding ...... 1709000902 Butte Creek/Pudding River ..... Excluded tributaries from final designation. Changed con- servation rating from Medium to Low. Molalla/Pudding ...... 1709000903 Rock Creek/Pudding River ..... Excluded all habitat areas from final designation. Changed conservation rating from Medium to Low. Molalla/Pudding ...... 1709000904 Senecal Creek/Mill Creek ...... Excluded tributaries from final designation.
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52662 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
IV. Methods and Criteria Used To pollinator, geological formation, gravel nests or ‘‘redds’’ excavated by Designate Critical Habitat vegetation type, tide, and specific soil females. Depending on lake/stream The following sections describe the types.’’ For an area containing PCEs to temperatures, eggs incubate for several relevant definitions and guidance found meet the definition of critical habitat, weeks to months before hatching as in the ESA and our implementing we must conclude that the PCEs in that ‘‘alevins’’ (a larval life stage dependent regulations, and the key methods and area ‘‘may require special management on food stored in a yolk sac). Following criteria we used to make these final considerations or protection.’’ Our yolk sac absorption, alevins emerge critical habitat designations after regulations define special management from the gravel as young juveniles incorporating, as appropriate, comments considerations or protection as ‘‘any called ‘‘fry’’ and begin actively feeding. and information received on the methods or procedures useful in Depending on the species and location, proposed rule. Section 4 of the ESA (16 protecting physical and biological juveniles may spend from a few hours U.S.C. 1533 (b)(2) and our regulations at features of the environment for the to several years in freshwater areas conservation of listed species.’’ Both the 50 CFR 424.12(a) require that we before migrating to the ocean. The ESA and our regulations, in recognition designate critical habitat, and make physiological and behavioral changes of the divergent biological needs of revisions thereto, ‘‘on the basis of the required for the transition to salt water species, establish criteria that are fact best scientific data available.’’ result in a distinct ‘‘smolt’’ stage in most Section 3 of the ESA (16 U.S.C. specific rather than a ‘‘one size fits all’’ species. On their journey juveniles must 1532(5)) defines critical habitat as ‘‘(i) approach. migrate downstream through every Our regulations state that, ‘‘[t]he the specific areas within the riverine and estuarine corridor between Secretary shall designate as critical geographical area occupied by the their natal lake or stream and the ocean. habitat areas outside the geographic area species, at the time it is listed * * * on For example, smolts from Idaho will presently occupied by the species only travel as far as 900 miles (1,448 km) which are found those physical or when a designation limited to its biological features (I) essential to the from the inland spawning grounds. En present range would be inadequate to route to the ocean the juveniles may conservation of the species and (II) ensure the conservation of the species’ which may require special management spend from a few days to several weeks (50 CFR 424.12(e)). Accordingly, when in the estuary, depending on the considerations or protection; and (ii) the best available scientific data do not specific areas outside the geographical species. The highly productive estuarine demonstrate that the conservation needs environment is an important feeding area occupied by the species at the time of the species so require, we will not it is listed upon a determination by the and acclimation area for juveniles designate critical habitat in areas preparing to enter marine waters. Secretary that such areas are essential outside the geographic area occupied by for the conservation of the species.’’ the species. Juveniles and subadults typically Section 3 of the ESA (16 U.S.C. 1532(3)) Section 4 of the ESA (16 U.S.C. 1533 spend from 1 to 5 years foraging over also defines the terms ‘‘conserve,’’ (b)(2)) requires that before designating thousands of miles in the North Pacific ‘‘conserving,’’ and ‘‘conservation’’ to critical habitat we must consider the Ocean before returning to spawn. Some mean ‘‘to use, and the use of, all economic impacts, impacts on national species, such as coho and Chinook methods and procedures which are security and other relevant impacts of salmon, have precocious life history necessary to bring any endangered specifying any particular area as critical types (primarily male fish known as species or threatened species to the habitat, and the Secretary may exclude ‘‘jacks’’) that mature and spawn after point at which the measures provided any area from critical habitat if the only several months in the ocean. pursuant to this chapter are no longer benefits of exclusion outweigh the Spawning migrations known as ‘‘runs’’ necessary.’’ benefits of designation, unless occur throughout the year, varying by Pursuant to our regulations, when excluding an area from critical habitat species and location. Most adult fish identifying physical or biological will result in the extinction of the return or ‘‘home’’ with great fidelity to features essential to conservation, we species. This exercise of discretion must spawn in their natal stream, although consider the following requirements of be based upon the best scientific and some do stray to non-natal streams. the species: (1) Space for individual and commercial data. Once critical habitat Salmon species die after spawning, population growth, and for normal for a salmon or steelhead ESU is except anadromous O. mykiss behavior; (2) food, water, air, light, designated, section 7(a)(2) of the ESA (steelhead), which may return to the minerals, or other nutritional or requires that each Federal agency shall, ocean and make one or more repeat physiological requirements; (3) cover or in consultation with and with the spawning migrations. This complex life shelter; (4) sites for breeding, assistance of NMFS, ensure that any cycle gives rise to complex habitat reproduction, or rearing of offspring; action they authorize, fund or carry out needs, particularly during the and, generally, (5) habitats that are is not likely to result in the destruction freshwater phase (see review by Spence protected from disturbance or are or adverse modification of critical et al., 1996). Spawning gravels must be representative of the historical habitat. of a certain size and free of sediment to geographical and ecological allow successful incubation of the eggs. distributions of the species (see 50 CFR Salmon Life History Eggs also require cool, clean, and well- 424.12(b)). In addition to these factors, Pacific salmon are anadromous fish, oxygenated waters for proper we also focus on the known physical meaning adults migrate from the ocean development. Juveniles need abundant and biological features (primary to spawn in freshwater lakes and food sources, including insects, constituent elements or PCEs) within streams where their offspring hatch and crustaceans, and other small fish. They the occupied areas that are essential to rear prior to migrating back to the ocean need places to hide from predators the conservation of the species. The to forage until maturity. The migration (mostly birds and bigger fish) in the regulations identify PCEs as including, and spawning times vary considerably stream, estuary and nearshore zone, but not limited to: ‘‘roost sites, nesting across and within species and such as under logs, root wads and grounds, spawning sites, feeding sites, populations (Groot and Margolis, 1991). boulders, and beneath overhanging seasonal wetland or dryland, water At spawning, adults pair to lay and vegetation. In the stream they also need quality or quantity, host species or plant fertilize thousands of eggs in freshwater places to seek refuge from periodic high
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52663
flows (side channels and off channel all accessible river reaches within the Department of Fisheries et al., 1992; areas) and from warm summer water current range of the listed species. Kostow, 1995; McElhany et al., 2000). temperatures (coldwater springs and In the proposed rule we described in As noted above regarding our use of deep pools). In the estuary and greater detail that since the previous finer scale data, none of the comments nearshore zone, juveniles need designations in 2000, we can now be received provided us with a specific freshwater mixing that allows them to more precise about the ‘‘geographical alternative methodology that would make the transition from fresh to salt area occupied by the species’’ because yield a better approach than the water. Returning adults generally do not Federal, state, and tribal fishery watershed-scale approach we adopted. feed in fresh water but instead rely on biologists have made progress The USGS maps watershed units as limited energy stores to migrate, mature, documenting and mapping actual polygons, bounding a drainage area and spawn. Like juveniles, they also species distribution at the level of from ridge-top to ridge-top, require cool water and places to rest and stream reaches. Moreover, much of the encompassing streams, riparian areas hide from predators. During all life available data can now be accessed and and uplands. Within the boundaries of stages salmon require cool water that is analyzed using GIS to produce any watershed, there are stream reaches free of contaminants. They also require consistent and fine-scale maps (NMFS, not occupied by the species. Land areas rearing and migration corridors with 2005a; StreamNet, 2005). The current within the HUC5 boundaries are also adequate passage conditions (water mapping documents fish presence by generally not ‘‘occupied’’ by the species quality and quantity available at specific identifying occupied stream reaches (though certain areas such as flood times) to allow access to the various where the species has been observed. It plains or side channels may be occupied habitats required to complete their life also identifies stream reaches where the at some times of some years). We used cycle. species is presumed to occur based on the watershed boundaries as a basis for The homing fidelity of salmon has the professional judgment of biologists aggregating occupied stream reaches, for created a metapopulation structure with familiar with the watershed (although in purposes of delineating ‘‘specific’’ areas distinct populations distributed among some cases there are streams classified at a scale that often corresponds well to watersheds (McElhany et al., 2000). Low as occupied based on professional salmonid population structure and levels of straying result in regular judgment when in fact the species has ecological processes. Although we are genetic exchange among populations, been observed but the GIS data have not designating only the streams and not the creating genetic similarities among been updated). We made use of these entire watershed, our documents populations in adjacent watersheds. finer-scale data for the current critical frequently refer to the ‘‘specific areas’’ Maintenance of the metapopulation habitat designations, and we now as ‘‘watersheds’’ because that is the term structure requires a distribution of believe that they enable a more accurate often used as a convenient shorthand. populations among watersheds where delineation of the ‘‘geographical area We also refer to the stream reaches as environmental risks (e.g., from occupied by the species’’ referred to in ‘‘habitat areas.’’ Each watershed was landslides or floods) are likely to vary. the ESA definition of critical habitat. reviewed by the CHARTs to verify It also requires migratory connections We received some comments on this occupation, PCEs, and special among the watersheds to allow for approach, some in support and some management considerations (see periodic genetic exchange and alternate against it. However, none of the latter ‘‘Critical Habitat Analytical Review spawning sites in the case that natal describe a specific methodology that Teams’’ section below). streams are inaccessible due to natural would yield a better approach than what events such as a drought or landslide. we used. The watershed-scale aggregation of More detailed information describing We are now also able to identify stream reaches also allowed us to life history characteristics of the ESUs ‘‘specific areas’’ (ESA section 3(5)(a)) analyze the impacts of designating a and the requisite habitat needs is and ‘‘particular areas’’ (ESA section ‘‘particular area,’’ as required by ESA contained in the proposed rule (69 FR 4(b)(2)) at a finer scale than in 2000. section 4(b)(2). As a result of watershed 74572; December 14, 2005), agency Since 2000, various Federal agencies processes, many activities occurring in status reviews (Busby et al., 1996; have mapped fifth field hydrologic units riparian or upland areas and in non- Gustafson, et al., 1997; Johnson et al., (referred to as ‘‘HUC5s’’ or fish-bearing streams may affect the 1997; Myers et al., 1998; NMFS, 2003), ‘‘watersheds’’) throughout the Pacific physical or biological features essential technical recovery team products Northwest using U.S. Geological Survey to conservation in the occupied stream (McElhany et al., 2000; NMFS, 2001; (USGS) mapping conventions (Seaber et reaches. The watershed boundary thus Interior Columbia Basin Technical al., 1986). This information is now describes an area in which Federal Recovery Team, 2003; McElhany et al., generally available via the internet activities have the potential to affect 2003; Myers et al., 2003; McClure et al., (NMFS, 2005a), and we have expanded critical habitat (Spence et al., 1996). 2005), and in a biological report our GIS resources to use these data. As Using watershed boundaries for the supporting these designations (NMFS, in the 2000 designations (in which we economic analysis ensured that all 2005a). used larger fourth field hydrologic potential economic impacts were units), we used the HUC5s to organize considered. Section 3(5) defines critical Identifying the Geographical Area critical habitat information habitat in terms of ‘‘specific areas,’’ and Occupied by the Species and Specific systematically and at a scale that is section 4(b)(2) requires the agency to Areas Within the Geographical Area applicable to the spatial distribution of consider certain factors before In past critical habitat designations, salmon. Organizing information at this designating ‘‘particular areas.’’ In the we had concluded that the limited scale is especially relevant to salmonids, case of West Coast salmon and availability of species distribution data since their innate homing ability allows steelhead, the biology of the species, the prevented mapping salmonid critical them to return to the watersheds where characteristics of its habitat, the nature habitat at a scale finer than occupied they were born. Such site fidelity results of the impacts, and the limited river basins (65 FR 7764; February 16, in spatial aggregations of salmonid information currently available at finer 2000). Therefore, the 2000 designations populations that generally correspond to geographic scales made it appropriate to defined the ‘‘geographical area occupied the area encompassed by subbasins or consider ‘‘specific areas’’ and by the species, at the time of listing’’ as HUC5 watersheds (Washington ‘‘particular areas’’ as the same unit.
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52664 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
Occupied estuarine and marine areas that may require special management biological or physical constituent were also considered in the context of considerations or protection. elements * * * that are essential to the defining ‘‘specific areas.’’ In our In previous designations of salmonid conservation of the species,’’ and proposed rule we noted that estuarine critical habitat we did not designate specify that the ‘‘known primary areas are crucial for juvenile salmonids, offshore marine areas (with the constituent elements shall be listed with given their multiple functions as areas exception of deep waters in Puget the critical habitat description.’’ The for rearing/feeding, freshwater-saltwater Sound (65 FR 7764; February 16, 2000). regulations identify primary constituent acclimation, and migration (Simenstad In the Pacific Ocean, we concluded that elements (PCEs) as including, but not et al., 1982; Marriott et al., 2002). In there may be essential habitat features, limited to: ‘‘roost sites, nesting grounds, most cases estuaries fall within the but we could not identify any special spawning sites, feeding sites, seasonal boundaries of a HUC5 and so were management considerations or wetland or dryland, water quality or assessed along with upstream protection associated with them as quantity, host species or plant freshwater habitats within the required under section 3(5)(A)(i) of the pollinator, geological formation, watershed. In the case of the Columbia ESA (65 FR 7776; February 16, 2000). vegetation type, tide, and specific soil River estuary (which was not part of an Since that time we have carefully types.’’ identified HUC5) we assessed it as part considered the best available scientific NMFS biologists developed a list of of a lower Columbia River habitat area information, and related agency actions, PCEs that are essential to the species’ extending from the mouth at the Pacific such as the designation of Essential Fish conservation and based on the unique Ocean upstream to its confluence with Habitat under the Magnuson-Stevens life history of salmon and steelhead and the Sandy and Washougal rivers. In all Fishery Conservation and Management their biological needs (Hart, 1973; occupied estuarine areas we were able Act. We believe that forage species are Beauchamp et al., 1983; Laufle et al., to identify physical or biological a feature in the Pacific Ocean or deep 1986; Pauley et al., 1986, 1988, and features essential to the conservation of water of Puget Sound that are essential 1989; Groot and Margolis, 1991; Spence the species, and that may require special for salmon conservation and that may et al., 1996). Guiding the identification management considerations or require special management of PCEs was a decision matrix we protection. For those estuarine areas considerations or protection, at least for developed for use in ESA section 7 designated as critical habitat we are those forage species that are a target of consultations (NMFS, 1996) which again delineating them in similar terms human harvest. However, because describes general parameters and to our past designations, as being salmonids are opportunistic feeders we characteristics of most of the essential defined by a line connecting the furthest could not identify ‘‘specific areas’’ features under consideration in this land points at the estuary mouth. beyond the nearshore marine zone critical habitat designation. We where these or other essential features identified these PCEs and requested Marine areas also provide important are found within this vast geographic comment on them in the ANPR (68 FR habitat for rearing/feeding and migrating area occupied by salmon and steelhead. 55931; September 29, 2003) and salmon and steelhead. As noted in our Moreover, prey species move or drift proposed rule (69 FR 74636; December proposed rule, Puget Sound is a unique great distances throughout the ocean 14, 2005) but did not receive marine area in that it is a sheltered fjord and would be difficult to link to any information to support changing them. containing abundant nearshore areas ‘‘specific’’ areas. In contrast to estuarine The ESUs addressed in this final rule that are used year round by the listed and nearshore areas, we conclude that it share many of the same rivers and ESUs. Specifically, we reviewed is not possible to identify ‘‘specific estuaries and have similar life history information regarding habitat use by areas’’ in the Pacific Ocean or deep characteristics and, therefore, many of Puget Sound Chinook and Hood Canal water of Puget Sound that contain the same PCEs. These PCEs include sites summer-run chum salmon (Bakkala, essential features for salmonids and, essential to support one or more life 1970; Healey, 1982; Simenstad et al., therefore, we are not designating critical stages of the ESU (sites for spawning, 1982; Salo, 1991, as cited in Johnson et habitat in offshore marine areas. We rearing, migration and foraging). These al., 1997; Beamish et al., 1998; Pacific requested comment on this issue in our sites in turn contain physical or Fishery Management Council, 1999; proposed rule but did not receive biological features essential to the WDFW and Point No Point Treaty comments or information that would conservation of the ESU (for example, Tribes (PNPTT), 2000; Batelle Marine change our conclusion. spawning gravels, water quality and Sciences Laboratory et al., 2001; quantity, side channels, forage species). Primary Constituent Elements Nightingale and Simenstad, 2001; The specific PCEs include: Williams and Thom, 2001; Puget Sound In determining what areas are critical 1. Freshwater spawning sites with Nearshore Ecosystem Restoration habitat, agency regulations at 50 CFR water quantity and quality conditions Program, 2003; Williams et al., 2003; 424.12(b) require that we must and substrate supporting spawning, Brennan et al., 2004; Washington State ‘‘consider those physical or biological incubation and larval development. Conservation Commission, 1999–2003) features that are essential to the These features are essential to within 19 nearshore marine zones (i.e., conservation of a given species * * *, conservation because without them the areas beyond estuary mouths) adjacent including space for individual and species cannot successfully spawn and to water resource inventory areas population growth and for normal produce offspring. defined by the State of Washington behavior; food, water, air, light, 2. Freshwater rearing sites with water (NMFS, 2005a; Washington Department minerals, or other nutritional or quantity and floodplain connectivity to of Ecology, 2004). Based on this review physiological requirements; cover or form and maintain physical habitat we determined that waters adjacent to shelter; sites for breeding, reproduction, conditions and support juvenile growth the shoreline and extending out to the and rearing of offspring; and habitats and mobility; water quality and forage maximum depth of the photic zone (i.e., that are protected from disturbance or supporting juvenile development; and from the line of extreme high tide out are representative of the historical natural cover such as shade, submerged to a depth no greater than 30 m relative geographical and ecological distribution and overhanging large wood, log jams to the mean lower low water) are of a species.’’ The regulations further and beaver dams, aquatic vegetation, occupied and contain essential features direct us to ‘‘focus on the principal large rocks and boulders, side channels,
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52665
and undercut banks. These features are successfully transition from natal environment for the conservation of essential to conservation because streams to offshore marine areas. We listed species.’’ without them juveniles cannot access have focused our designation on As part of the biological assessment and use the areas needed to forage, nearshore areas in Puget Sound because described below under ‘‘Critical Habitat grow, and develop behaviors (e.g., of its unique and relatively sheltered Analytical Review Teams,’’ teams of predator avoidance, competition) that fjord-like setting (as opposed to the biologists examined each habitat area to help ensure their survival. more open coastlines of Washington and determine whether the physical or 3. Freshwater migration corridors free Oregon). biological features may require special of obstruction with water quantity and 6. Offshore marine areas with water management consideration. These quality conditions and natural cover quality conditions and forage, including such as submerged and overhanging aquatic invertebrates and fishes, determinations are identified for each large wood, aquatic vegetation, large supporting growth and maturation. area in the CHART report (NMFS, rocks and boulders, side channels, and These features are essential for 2005a). In the case of salmon and undercut banks supporting juvenile and conservation because without them steelhead, the CHARTs identified a adult mobility and survival. These juveniles cannot forage and grow to variety of activities that threaten the features are essential to conservation adulthood. However, for the reasons physical and biological features because without them juveniles cannot stated previously in this document, it is essential to listed salmon and steelhead use the variety of habitats that allow difficult to identify specific areas (see review by Spence et al., 1996), them to avoid high flows, avoid containing this PCE as well as human including: (1) Forestry; (2) grazing; (3) predators, successfully compete, begin activities that may affect the PCE agriculture; (4) road building/ the behavioral and physiological condition in those areas. Therefore, we maintenance; (5) channel modifications/ changes needed for life in the ocean, have not designated any specific areas diking; (6) urbanization; (7) sand and and reach the ocean in a timely manner. based on this PCE but instead have gravel mining; (8) mineral mining; (9) Similarly, these features are essential for identified it because it is essential to the dams; (10) irrigation impoundments and adults because they allow fish in a non- species’ conservation and specific withdrawals; (11) river, estuary, and feeding condition to successfully swim offshore areas may be identified in the ocean traffic; (12) wetland loss/removal; upstream, avoid predators, and reach future (in which case any designation (13) beaver removal; (14) exotic/invasive spawning areas on limited energy stores. would be subject to separate species introductions. In addition to 4. Estuarine areas free of obstruction rulemaking). these, the harvest of salmonid prey with water quality, water quantity, and The occupied habitat areas designated species (e.g., forage fishes such as salinity conditions supporting juvenile in this final rule contain PCEs required herring, anchovy, and sardines) may and adult physiological transitions to support the biological processes for present another potential habitat-related between fresh-and saltwater; natural which the species use the habitat. The management activity (Pacific Fishery cover such as submerged and CHARTs verified this for each Management Council, 1999). In overhanging large wood, aquatic watershed/nearshore zone by relying on response to our proposed designation vegetation, large rocks and boulders, the best available scientific data we received one set of comments and side channels; and juvenile and (including species distribution maps, specific to the CHART determinations of adult forage, including aquatic watershed analyses, and habitat activities (and based on the list above), invertebrates and fishes, supporting surveys) during their review of occupied and we have incorporated the needed growth and maturation. These features areas and resultant assessment of area revisions into the final CHART report are essential to conservation because conservation values (NMFS, 2005a). The (NMFS, 2005a). without them juveniles cannot reach the contribution of the PCEs varies by site ocean in a timely manner and use the and biological function such that the Unoccupied Areas variety of habitats that allow them to quality of the elements may vary within avoid predators, compete successfully, a range of acceptable conditions. The ESA section 3(5)(A)(ii) defines critical and complete the behavioral and CHARTs took this variation into account habitat to include ‘‘specific areas physiological changes needed for life in when they assessed the conservation outside the geographical area occupied’’ the ocean. Similarly, these features are value of an area. In this final if the areas are determined by the essential to the conservation of adults designation we have identified some Secretary to be ‘‘essential for the because they provide a final source of areas that, while occupied, have PCEs conservation of the species.’’ NMFS abundant forage that will provide the that are so severely degraded as to be regulations at 50 CFR 424.12(e) energy stores needed to make the non-existent. They therefore do not emphasize that we ‘‘shall designate as physiological transition to fresh water, meet the statutory definition of critical critical habitat areas outside the migrate upstream, avoid predators, and habitat and are not being designated as geographical area presently occupied by develop to maturity upon reaching critical habitat (see ‘‘Summary of a species only when a designation spawning areas. Revisions’’). limited to its present range would be 5. Nearshore marine areas free of inadequate to ensure the conservation of obstruction with water quality and Special Management Considerations or the species.’’ With one exception, we quantity conditions and forage, Protections are not designating unoccupied areas at including aquatic invertebrates and An occupied area meets the definition this time. For the Hood Canal summer- fishes, supporting growth and of critical habitat only if it contains run chum salmon ESU, we are maturation; and natural cover such as physical and biological features that proposing approximately 8 miles (12.9 submerged and overhanging large wood, ‘‘may require special management km) of unoccupied (but historically aquatic vegetation, large rocks and considerations or protection.’’ Agency utilized) stream reaches determined to boulders, and side channels. As in the regulations at 50 CFR 424.02(j) define be essential for the conservation of this case with freshwater migration corridors ‘‘special management considerations or ESU. However, the CHARTs did identify and estuarine areas, nearshore marine protection’’ to mean ‘‘any methods or several areas that may be essential for features are essential to conservation procedures useful in protecting physical the conservation of specific ESUs, because without them juveniles cannot and biological features of the including:
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52666 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
• Areas upstream of Elwha Dam in approaches presented difficulties, and perimeter of the water body as Washington’s Elwha River drainage this was highlighted in several displayed on standard 1:24,000 scale (Puget Sound Chinook salmon ESU) comments (most of which requested that topographic maps or the elevation of • Areas upstream of Merwin, Swift, we focus on aquatic areas only) received ordinary high water, whichever is and Yale Dams in Washington’s Lewis in response to the ANPR (68 FR 55926; greater. In estuarine and nearshore River drainage (Lower Columbia River September 29, 2003). Designating a set marine areas we believe that extreme Chinook salmon and steelhead ESUs) riparian zone width will (in some high water is the best descriptor of • Areas upstream of Condit Dam in places) accurately reflect the distance lateral extent. For nearshore marine Washington’s White Salmon River from the stream on which PCEs might areas we focused particular attention on drainage (Lower Columbia River be found, but in other cases may over- the geographical area occupied by the Chinook salmon and Middle Columbia or understate the distance. Designating Puget Sound ESUs (Chinook and Hood River steelhead ESUs) a functional buffer avoids that problem, Canal summer-run chum salmon) • Areas upstream of Keechelus, but makes it difficult for Federal because of the unique ecological setting Kachess, Cle Elum, Bumping, and agencies to know in advance what areas and well-documented importance of the Tieton Dams in Washington’s Yakima are critical habitat. To address these area’s nearshore habitats to these River drainage (Middle Columbia River issues we are proposing to define the species. We are designating the area steelhead ESU) lateral extent of designated critical inundated by extreme high tide because • Areas upstream of Enloe Dam in habitat as the width of the stream it encompasses habitat areas typically Washington’s Similkameen River channel defined by the ordinary high- inundated and regularly occupied drainage (Upper Columbia River water line as defined by the U.S. Army during the spring and summer when steelhead ESU) Corps of Engineers (COE) in 33 CFR juvenile salmon are migrating in the • Areas upstream of Pelton Dam in 329.11. This approach is consistent with nearshore zone and relying heavily on Oregon’s Deschutes River drainage the specific mapping requirements forage, cover, and refuge qualities (Middle Columbia River steelhead ESU) described in agency regulations at 50 provided by these occupied habitats. As • Areas upstream of Big Cliff and CFR 424.12(c). In areas for which noted above for stream habitat areas, Detroit Dams in Oregon’s North Santiam ordinary high-water has not been human activities that occur outside the River drainage (Upper Willamette River defined pursuant to 33 CFR 329.11, the area inundated by extreme or ordinary Chinook salmon and steelhead ESUs) width of the stream channel shall be high water can modify or destroy • Areas upstream of Green Peter Dam defined by its bankfull elevation. physical and biological features of the in Oregon’s South Santiam River Bankfull elevation is the level at which nearshore habitat areas, and Federal drainage (Upper Willamette River water begins to leave the channel and agencies must be aware of these Chinook salmon and steelhead ESUs) move into the floodplain (Rosgen, 1996) important habitat linkages as well. • Historically occupied areas in and is reached at a discharge which Military Lands Washington’s Wind River (Columbia generally has a recurrence interval of 1 River chum salmon ESU) and Wilson to 2 years on the annual flood series The Sikes Act of 1997 (Sikes Act) (16 and Naneum Creeks (Middle Columbia (Leopold et al., 1992). Such an interval U.S.C. 670a) required each military River steelhead ESU) is commensurate with nearly all of the installation that includes land and water • Historically occupied areas in juvenile freshwater life phases of most suitable for the conservation and Idaho’s Lemhi River drainage (Snake salmon and steelhead ESUs. Therefore, management of natural resources to River steelhead ESU) it is reasonable to conclude that for an complete, by November 17, 2001, an While it is not possible to conclude at occupied stream reach this lateral extent INRMP. An INRMP integrates this time that any of these historically is regularly ‘‘occupied’’. Moreover, the implementation of the military mission occupied areas warrant designation, we bankfull elevation can be readily of the installation with stewardship of believe it is useful to signal to the public discerned for a variety of stream reaches the natural resources found there. Each that these specific areas may be and stream types using recognizable INRMP includes: an assessment of the considered for possible designation in water lines (e.g., marks on rocks) or ecological needs on the installation, the future. Throughout the range of vegetation boundaries (Rosgen, 1996). including the need to provide for the these ESUs a number of technical As underscored in previous critical conservation of listed species; a recovery teams are evaluating the habitat designations, the quality of statement of goals and priorities; a conservation needs of these ESUs and aquatic habitat within stream channels detailed description of management providing guidance on what will be is intrinsically related to the adjacent actions to be implemented to provide needed for their conservation. We will riparian zones and floodplain, to for these ecological needs; and a revise critical habitat designations as surrounding wetlands and uplands, and monitoring and adaptive management new information is developed through to non-fish-bearing streams above plan. Among other things, each INRMP this process. Any designation of occupied stream reaches. Human must, to the extent appropriate and unoccupied areas would be based on the activities that occur outside the stream applicable, provide for fish and wildlife required determination that such area is can modify or destroy physical and management, fish and wildlife habitat essential for the conservation of an ESU biological features of the stream. In enhancement or modification, wetland and would be subject to separate addition, human activities that occur protection, enhancement, and rulemaking with the opportunity for within and adjacent to reaches upstream restoration where necessary to support notice and comment. (e.g., road failures) or downstream (e.g., fish and wildlife and enforcement of dams) of designated stream reaches can applicable natural resource laws. Lateral Extent of Critical Habitat also have demonstrable effects on The National Defense Authorization In past designations we have physical and biological features of Act for Fiscal Year 2004 (Pub. L. 108– described the lateral extent of critical designated reaches. 136) amended the ESA to limit areas habitat in various ways, ranging from In the relatively few cases where we eligible for designation as critical fixed distances to ‘‘functional’’ zones are designating lake habitats (e.g., Lake habitat. Specifically, section 4(a)(3)(B)(i) defined by important riparian functions Ozette), we believe that the lateral of the ESA (16 U.S.C. 1533(a)(3)(B)(i)) (65 FR 7764; February 16, 2000). Both extent may best be defined as the now provides: ‘‘The Secretary shall not
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52667
designate as critical habitat any lands or affected sites if designated as critical The CHARTs were next asked to other geographical areas owned or habitat. Our consideration of such determine the relative conservation controlled by the Department of impacts is separate from our assessment value of each area for each ESU. The Defense, or designated for its use, that of INRMPs, but serves as an CHARTs scored each habitat area based are subject to an integrated natural independent and sufficient basis for our on several factors related to the quantity resources management plan prepared determination not to designate critical and quality of the physical and under section 101 of the Sikes Act (16 habitats. biological features. They next U.S.C. 670a), if the Secretary determines considered each area in relation to other Critical Habitat Analytical Review in writing that such plan provides a areas and with respect to the population Teams benefit to the species for which critical occupying that area. Based on a habitat is proposed for designation.’’ To assist in the designation of critical consideration of the raw scores for each To address this new provision we habitat, we convened several CHARTs area, and a consideration of that area’s contacted the DOD and requested organized by major geographic domains contribution in relation to other areas information on all INRMPs that might that roughly correspond to salmon and in relation to the overall population benefit salmon and steelhead. (In recovery planning domains. The structure of the ESU, the CHARTs rated response to the ANPR (68 FR 55926; CHARTs consisted of Federal biologists each habitat area as having a ‘‘high,’’ September 29, 2003) we had already and habitat specialists from NMFS, the ‘‘medium,’’ or ‘‘low’’ conservation received a letter from the U.S. Marine USFWS, USFS, and BLM, with value. The preliminary CHART ratings Corps regarding this and other issues demonstrated expertise regarding were reviewed by several state and associated with a possible critical salmonid habitat and related protective tribal comanagers in advance of the habitat designation on its facilities in efforts within the domain. The CHARTs proposed rule, and the CHARTs made the range of the Southern California were tasked with assessing biological needed changes prior to that rule. State steelhead ESU, which is not addressed information pertaining to areas under and tribal comanagers also evaluated in this notice). The military services consideration for designation as critical our proposed rule and provided identified 16 installations in habitat. The CHARTs also reconvened to comments and new information which Washington, Oregon, and Idaho with review the public comments and any were also reviewed and incorporated as INRMPs in place or under development. new information regarding the ESUs needed by the CHARTs in the We determined that the following 11 and habitat in their domain. Their work preparation of the final designations. facilities with final INRMPs overlap and determinations are documented in The rating of habitat areas as having with habitat areas under consideration a final CHART report (NMFS, 2005a). a high, medium or low conservation for critical habitat designation: (1) Naval The CHARTs examined each habitat value provided information useful to Submarine Base, Bangor; (2) Naval area within the watershed to determine inform the Secretary’s exercise of Undersea Warfare Center, Keyport; (3) whether the stream reaches or lakes discretion in determining whether the Naval Ordnance Center, Port Hadlock occupied by the species contain the benefits of exclusion outweigh the (Indian Island); (4) Naval Radio Station, physical or biological features essential benefits of designation in ESA section Jim Creek; (5) Naval Fuel Depot, to conservation. As noted previously, 4(b)(2). The higher the conservation Manchester; (6) Naval Air Station the CHARTs also relied on their value for an area, the greater the likely Whidbey Island; (7) Naval Air Station, experience conducting ESA section 7 benefit of the ESA section 7 protections. Everett; (8) Bremerton Naval Hospital; consultations and existing management We recognized that the ‘‘benefit of (9) Fort Lewis (Army); (10) Pier 23 plans and protective measures to designation’’ would also depend on the (Army); and (11) Yakima Training determine whether these features may likelihood of a consultation occurring Center (Army). The first ten facilities are require special management and the improvements in species’ located within the range of the Puget considerations or protection.In addition conservation that may result from Sound chinook salmon ESU, and two of to occupied areas, the definition of changes to proposed Federal actions. To these sites—Bangor and Port Hadlock critical habitat also includes address this concern, we asked the (Indian Island)—are also within the unoccupied areas if we determine the CHARTs to develop a profile for a ‘‘low range of the Hood Canal summer-run area is essential for conservation. leverage’’ watershed—that is, a chum salmon ESU. The Army’s Yakima Accordingly, the CHARTs were next watershed where it was unlikely there Training Center is located within the asked whether there were any would be a section 7 consultation, or range of the Upper Columbia River unoccupied areas within the historical where a section 7 consultation, if it did steelhead ESU. range of the ESUs that may be essential occur, would yield few conservation We identified habitat of value to listed for conservation. Where information benefits (cite CHART report). For salmonids in each INRMP and reviewed was currently available to make this watersheds not meeting the ‘‘low these plans, as well as other information determination, the CHARTs identified leverage’’ profile, we considered their available regarding the management of those currently unoccupied areas conservation rating to be a fair these military lands. Our review essential for conservation (i.e., in Hood assessment of the benefit of designation. indicates that each of these INRMPs Canal for the summer-run chum salmon For watersheds meeting the ‘‘low addresses habitat for salmonids, and all ESU). In most cases, the CHARTs did leverage’’ profile, we considered the contain measures that provide benefits not have information available that benefit of designation to be an to ESA-listed salmon and steelhead would allow them to draw that increment lower than the conservation (NMFS, 2005f). Examples of the types of conclusion. Information important to rating. For example, a watershed with a benefits include actions that control making these determinations is ‘‘high’’ conservation value but ‘‘low erosion, protect riparian zones, currently being developed through the leverage’’ was considered to have a minimize stormwater and construction recovery planning processes. The ‘‘medium’’ benefit of designation, and impacts, reduce contaminants, and CHARTs nevertheless identified several so forth (NMFS, 2005a; NMFS, 2005c). monitor listed species and their areas they believe may be determined As discussed earlier, the scale chosen habitats. Also, we have received essential through future recovery for the ‘‘specific area’’ referred to in information from the DOD identifying planning efforts (see ‘‘Unoccupied section 3(5)(a) was a watershed, as national security impacts at all of their Areas’’ section above). delineated by USGS methodology.
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52668 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
There were some complications with In this exercise of discretion, the first whether the jeopardy provision alone this delineation that required us to issue we must address is the scope of would result in the identical impact. adapt the CHARTs’ approach for some impacts relevant to the 4(b)(2) The Tenth Circuit’s opinion only areas. In particular, a large stream or evaluation. As discussed in the addressed ESA section 4(b)(2)’s river might serve as a rearing and Background and Previous Federal requirement that economic impacts be migration corridor to and from many Action section, we are redesignating considered. The court did not address watersheds, yet be embedded itself in a critical habitat for these 12 ESUs how ‘‘other relevant impacts’’ were to be watershed. In any given watershed because the previous designations were considered, nor did it address the through which it passes, the stream may vacated. (National Association of benefits of designation. Because section have a few or several tributaries. For Homebuilders v. Evans, 2002 WL 4(b)(2) requires a consideration of other rearing/migration corridors embedded 1205743 No. 00–CV–2799 (D.D.C.) relevant impacts of designation, and the in a watershed, the CHARTs were asked (NAHB)). The NAHB court had agreed benefits of designation, and because our to rate the conservation value of the with the reasoning of the Court of record did not support a distinction between impacts resulting from watershed based on the tributary Appeals for the Tenth Circuit in New application of the adverse modification habitat. We assigned the rearing/ Mexico Cattle Growers Association v. provision versus the jeopardy provision, migration corridor the rating of the U.S. Fish and Wildlife Service, 248 F.3d we are uniformly considering highest-rated watershed for which it 1277 (10th Cir. 2001). In that decision, served as a rearing/migration corridor. coextensive impacts and coextensive the Tenth Circuit stated ‘‘[t]he statutory benefits, without attempting to The reason for this treatment of language is plain in requiring some kind migration corridors is the role they play distinguish the benefit of a critical of consideration of economic impact in habitat consultation from the benefit in the salmon’s life cycle. Salmon are the critical habitat designation phase.’’ anadromous—born in fresh water, that would otherwise result from a The court concluded that, given the jeopardy consultation that would occur migrating to salt water to feed and grow, USFWS’ failure to distinguish between and returning to fresh water to spawn. even if critical habitat were not ‘‘adverse modification’’ and ‘‘jeopardy’’ Without a rearing/migration corridor to designated. To do otherwise would in its 4(b)(2) analysis, the USFWS must and from the sea, salmon cannot distort the balancing test contemplated analyze the full impacts of critical complete their life cycle. It would be by section 4(b)(2). habitat designation, regardless of illogical to consider a spawning and The principal benefit of designating whether those impacts are coextensive rearing area as having a particular critical habitat is that Federal activities with other impacts (such as the impact conservation value and not consider the that may affect such habitat are subject of the jeopardy requirement). associated rearing/migration corridor as to consultation pursuant to section 7 of the ESA. Such consultation requires having a similar conservation value. In redesignating critical habitat for these salmon ESUs, we have followed every Federal agency to ensure that any V. Application of ESA Section 4(b)(2) the Tenth Circuit Court’s directive action it authorizes, funds or carries out (16 U.S.C. 1533 (b)(2)) regarding the statutory requirement to is not likely to result in the destruction or adverse modification of critical The foregoing discussion describes consider the economic impact of designation. Areas designated as critical habitat. This complements the section 7 those areas that are eligible for provision that Federal agencies ensure designation as critical habitat—the habitat are subject to ESA section 7 requirements, which provide that that their actions are not likely to specific areas that fall within the ESA jeopardize the continued existence of a Federal agencies ensure that their section 3(5)(A) definition of critical listed species. Another benefit is that actions are not likely to destroy or habitat, minus those lands owned or the designation of critical habitat can adversely modify critical habitat. To controlled by the DOD, or designated for serve to educate the public regarding the evaluate the economic impact of critical its use, that are covered by an INRMP potential conservation value of an area habitat we first examined our that we have determined in writing and thereby focus and contribute to provides a benefit to the species. voluminous section 7 consultation conservation efforts by clearly Specific areas eligible for designation record for these as well as other ESUs delineating areas of high conservation are not automatically designated as of salmon. (For thoroughness, we value for certain species. It is unknown critical habitat. Section 4(b)(2) of the examined the consultation record for to what extent this process actually ESA requires the Secretary to first other ESUs to see if it shed light on the occurs, and what the actual benefit is, consider the economic impact, impact issues.) That record includes as there are also concerns, noted above, on national security, and any other consultations on habitat-modifying that a critical habitat designation may relevant impact of designation. The Federal actions both where critical discourage such conservation efforts. Secretary has the discretion to exclude habitat has been designated and where The balancing test in ESA section an area from designation if he it has not. We could not discern a 4(b)(2) contemplates weighing benefits determines the benefits of exclusion distinction between the impacts of that are not directly comparable—the (that is, avoiding the impact that would applying the jeopardy provision versus benefit associated with species result from designation), outweigh the the adverse modification provision in conservation balanced against the benefits of designation based upon best occupied critical habitat. Given our economic benefit, benefit to national scientific and commercial data. The inability to detect a measurable security, or other relevant benefit that Secretary may not exclude an area from difference between the impacts of results if an area is excluded from designation if exclusion will result in applying these two provisions, the only designation. Section 4(b)(2) does not the extinction of the species. Because reasonable alternative seemed to be to specify a method for the weighing the authority to exclude is discretionary, follow the recommendation of the Tenth process. Agencies are frequently exclusion is not required for any areas. Circuit, approved by the NAHB court— required to balance benefits of In this rulemaking, the Secretary has to measure the coextensive impacts; that regulations against impacts; E.O. 12866 applied his statutory discretion to is, measure the entire impact of established this requirement for Federal exclude areas from critical habitat for applying the adverse modification agency regulation. Ideally such a several different reasons (NMFS, 2005c). provision of section 7, regardless of balancing would involve first translating
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52669
the benefits and impacts into a common considered in the exclusion process. resources, and the exercise of tribal metric. Executive branch guidance from Regardless of the analytical approach, rights. Pursuant to these authorities, the OMB suggests that benefits should ESA section 4(b)(2) makes clear that Indian lands are recognized as unique first be monetized (i.e., converted into what weight the agency gives various and have been retained by Indian Tribes dollars). Benefits that cannot be impacts and benefits, and whether the or have been set aside for tribal use. monetized should be quantified (for agency excludes areas from the These lands are managed by Indian example, numbers of fish saved). Where designation, is discretionary. Tribes in accordance with tribal goals benefits can neither be monetized nor and objectives within the framework of Exclusions Based on Impacts to Tribes quantified, agencies are to describe the applicable treaties and laws. expected benefits (OMB, 2003). The principal benefit of designating In addition to the distinctive trust It may be possible to monetize critical habitat is that Federal activities relationship, for salmon and steelhead benefits of critical habitat designation that may affect such habitat are subject in the Northwest, there is a unique for a threatened or endangered species to consultation pursuant to section 7 of partnership between the Federal in terms of willingness-to-pay (OMB, the ESA. There is a broad array of government and Indian tribes regarding 2003). However, we are not aware of any activities on Indian lands that may salmon management. Northwest Indian available data that would support such trigger section 7. For this analysis, we tribes are regarded as ‘‘co-managers’’ of an analysis for salmon. In addition, ESA considered what those activities may be the salmon resource, along with Federal section 4(b)(2) requires analysis of and what the likely effect would be on and state managers. This co- impacts other than economic impacts conservation of each ESU if the management relationship evolved as a that are equally difficult to monetize, activities were not subject to section 7 result of numerous court decisions such as benefits to national security of consultation. (We realize that the clarifying the tribes’ treaty right to take excluding areas from critical habitat. In activities in question would still be fish in their usual and accustomed the case of salmon designations, impacts subject to section 7 consultation and to places. to Northwest tribes are an ‘‘other the requirement that Federal agencies The tribes have stated in letters and relevant impact’’ that also may be not jeopardize species’ continued meetings that designation of Indian difficult to monetize. existence. However, as described above, lands as critical habitat will undermine An alternative approach, approved by because we cannot discern a difference long-term working relationships and OMB (OMB, 2003), is to conduct a cost- in the application of the jeopardy and reduce the capacity of tribes to effectiveness analysis. A cost- adverse modification requirements in participate at current levels in the many effectiveness analysis ideally first our consultations for salmon and and varied forums across four states involves quantifying benefits, for steelhead, we are considering addressing ecosystem management and example, percent reduction in coextensive impacts and coextensive conservation of fisheries resources. extinction risk, percent increase in benefits.) To determine the benefit of The benefits of excluding Indian productivity, or increase in numbers of designation, we considered the number lands from designation include: (1) The fish. Given the state of the science, it of stream miles within Indian lands, furtherance of established national would be difficult to quantify reliably whether those stream miles were policies, our Federal trust obligations the benefits of including particular areas located in high, medium, or low and our deference to the tribes in in the critical habitat designation. conservation value areas, and the management of natural resources on Although it is difficult to monetize or number of expected section 7 their lands; (2) the maintenance of quantify benefits of critical habitat consultations in those areas (NMFS, effective long-term working designation, it is possible to 2005g). relationships to promote the differentiate among habitat areas based In addition, in more than 20 letters to conservation of salmonids on an on their relative contribution to NMFS—several in response to the ecosystem-wide basis across four states; conservation. For example, habitat areas agency’s ANPR (68 FR 55926; (3) the allowance for continued can be rated as having a high, medium, September 29, 2003) and proposed rule meaningful collaboration and or low conservation value. The (69 FR 74572; December 14, 2004)—the cooperation in scientific work to learn qualitative ordinal evaluations can then tribes have documented how they are more about the conservation needs of be combined with estimates of the already working to address the habitat the species on an ecosystem-wide basis; economic costs of critical habitat needs of the species on these lands as and (4) continued respect for tribal designation in a framework that well as in the larger ecosystem, and are sovereignty over management of natural essentially adopts that of cost- fully aware of the conservation value of resources on Indian lands through effectiveness. Individual habitat areas their lands. established tribal natural resource can then be assessed using both their There are several benefits to programs. biological evaluation and economic excluding Indian lands. The We believe that the current co- cost, so that areas with high longstanding and distinctive manager process addressing activities conservation value and lower economic relationship between the Federal and on an ecosystem-wide basis across three cost might be considered to have a tribal governments is defined by states is currently beneficial for the higher priority for designation, while treaties, statutes, executive orders, conservation of the listed ESUs. Because areas with a low conservation value and judicial decisions, and agreements, the co-manager process provides for higher economic cost might have a which differentiate tribal governments coordinated ongoing focused action higher priority for exclusion. While this from the other entities that deal with, or through a variety of forums, we find the approach can provide useful are affected by, the Federal government. benefits of this process to be greater information to the decision-maker, there This relationship has given rise to a than the benefits of applying ESA is no rigid formula through which this special Federal trust responsibility section 7 to Federal activities on Indian information translates into exclusion involving the legal responsibilities and lands (NMFS, 2005g). Additionally, we decisions. Every geographical area obligations of the United States toward have determined that the exclusion of containing habitat eligible for Indian Tribes and the application of tribal lands will not result in the designation is different, with a unique fiduciary standards of due care with extinction of the species concerned. We set of ‘‘relevant impacts’’ that may be respect to Indian lands, tribal trust also believe that maintenance of our
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52670 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
current co-manager relationship the permitted action on covered species During the comment period we consistent with existing policies is an are adequately minimized and received comments from only three important benefit to continuation of our mitigated, and that the action does not landowners with current HCPs that they tribal trust responsibilities and appreciably reduce the survival and would consider exclusion as a benefit to relationship. Based upon our recovery of the species. our ongoing relationship—WDNR, consultation with the Tribes, we believe To date we have not excluded critical Green Diamond Resources Company, that designation of Indian lands as habitat on lands covered by an HCP, but and West Fork Timber Company. For critical habitat would adversely impact we acknowledged in our proposed rule those HCPs, we analyzed the activities our working relationship and the that this was an emerging issue and that covered by the HCPs, the protections benefits resulting from this relationship. the benefits of such exclusions may afforded by the HCP agreement, and the Based upon these considerations, we outweigh the benefits of designation (69 Federal activities that are likely to occur have decided to exercise agency FR 74623; December 14, 2004). As on the affected lands. We considered the discretion under ESA section 4(b)(2) described in greater detail above (see number of stream miles within these and exclude Indian lands from the Comment 42) and in our assessment of lands, whether those stream miles were critical habitat designation for these HCPs associated with this final located in high, medium, or low ESUs of salmonids. The Indian lands rulemaking (NMFS, 2005e), the analysis conservation value areas, and the specifically excluded from critical required for these types of exclusions number of expected section 7 habitat are those defined in the requires careful consideration of the consultations in those areas. From this Secretarial Order, including: (1) Lands benefits of designation versus the information we determined the benefit held in trust by the United States for the benefits of exclusion to determine of designation, which we then weighed benefit of any Indian tribe; (2) land held whether benefits of exclusion outweigh against the benefit of exclusion. We in trust by the United States for any benefits of designation. The benefits of concluded that the conservation benefits Indian Tribe or individual subject to designation typically arise from to the species outweigh the conservation restrictions by the United States against additional section 7 protections as well benefits of designation and therefore alienation; (3) fee lands, either within or as enhanced public awareness once have excluded lands covered by these outside the reservation boundaries, specific areas are identified as critical agreements in this final designation. owned by the tribal government; and (4) habitat. The benefits of exclusion The analysis is described in further fee lands within the reservation generally relate to relieving regulatory detail in NMFS (2005e). We have boundaries owned by individual burdens on existing conservation determined that these exclusions, Indians. We have determined that these partners, maintaining good working together with the other exclusions exclusions, together with the other relationships with them, and described in this rule, will not result in exclusions described in this rule, will encouraging the development of new extinction of the species (NMFS, 2005c). not result in extinction of the species partnerships. (NMFS, 2005c). Based on comments received on our Exclusions Based on National Security proposed rule, we could not conclude Impacts Impacts to Landowners With that all landowners view designation of As noted previously (see Military Contractual Commitments to critical habitat as imposing a burden, Lands section), we evaluated 11 DOD Conservation and exclusion from designation as sites with draft or final INRMPs and Conservation agreements with non- removing that burden and thereby determined that each INRMP provides a Federal landowners (e.g., HCPs) strengthening the ongoing relationship. benefit to the listed salmon or steelhead enhance species conservation by Where an HCP partner affirmatively ESUs under consideration at the site. extending species’ protections beyond requests designation, exclusion is likely Therefore, we conclude that those areas those available through section 7 to harm rather than benefit the subject to final INRMPs are not eligible consultations. In the past decade we relationship. Where an HCP partner has for designation pursuant to section have encouraged non-Federal remained silent on the benefit of 4(a)(3)(B)(i) of the ESA (16 U.S.C. landowners to enter into conservation exclusion of its land, we do not believe 1533(a)(3)(B)(i)). At the request of the agreements, based on a view that we can the record supports a presumption that DOD (and in the case that an INRMP achieve greater species’ conservation on exclusion will enhance the relationship. might not provide a benefit to the non-Federal land through such Similarly, we do not believe it provides species), we also assessed the impacts partnerships than we can through an incentive to other landowners to seek on national security that may result coercive methods (61 FR 63854; an HCP if our exclusions are not in from designating these and other DOD December 2, 1996). response to an expressed landowner sites as critical habitat. Section 10(a)(1)(B) of the ESA preference. We anticipate further We contacted the DOD by letter and authorizes us to issue to non-Federal rulemaking in the near future to refine requested information about the impacts entities a permit for the incidental take these designations, for example, in to national security that may result from of endangered and threatened species. response to developments in recovery designating critical habitat at the This permit allows a non-Federal planning. As part of future revisions, we following 24 military sites in landowner to proceed with an activity will consider information we receive Washington: (1) Naval Submarine Base, that is legal in all other respects, but from those with approved HCPs Bangor; (2) Naval Undersea Warfare that results in the incidental taking of a regarding the effect of designation on Center, Keyport; (3) Naval Ordnance listed species (i.e., take that is incidental our ongoing partnership. We did not Center, Port Hadlock (Indian Island); (4) to, and not the purpose of, the carrying consider pending HCPs for exclusion, Naval Radio Station, Jim Creek; (5) out of an otherwise lawful activity). The both because we do not want to Naval Fuel Depot, Manchester; (6) Naval ESA specifies that an application for an prejudge the outcome of the ongoing Air Station Whidbey Island; (7) Naval incidental take permit must be HCP process, and because we expect to Air Station, Everett; (8) Bremerton Naval accompanied by a conservation plan, have future opportunities to refine the Hospital; (9) Fort Lewis (Army); (10) and specifies the content of such a plan. designation and consider whether Pier 23 (Army); (11) Yakima Training The purpose of such an HCP is to exclusion will outweigh the benefit of Center (Army); (12) Puget Sound Naval describe and ensure that the effects of designation in a particular case. Shipyard; (13) Naval Submarine Base
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52671
Bangor security zone; (14) Strait of Juan Upper Columbia River steelhead, impacts of the ESA section 7 de Fuca naval air-to-surface weapon representing less than one percent of the requirement to avoid jeopardy were not range, restricted area; (15) Hood Canal total freshwater and estuarine habitat considered part of the baseline. Also, we and Dabob Bay naval non-explosive area for these two ESUs. The CHARTs have stated our intention to revisit the torpedo testing area; (16) Strait of Juan assessing conservation values for these existing critical habitat designations for de Fuca and Whidbey Island naval overlap areas concluded that all of them Snake River Chinook and sockeye restricted areas; (17) Admiralty Inlet were of high conservation value to the salmon ESUs (58 FR 68543; December naval restricted area; (18) Port Gardner respective ESUs. However, the overlap 28, 1993), if appropriate, following Naval Base restricted area; (19) Hood areas are a small percentage of the total completion of related rulemaking (67 FR Canal naval restricted areas; (20) Port area for the affected ESUs. Designating 6215; February 11, 2002). Given the Orchard Passage naval restricted area; these DOD sites will likely reduce the uncertainty that these designations will (21) Sinclair Inlet naval restricted areas; readiness capability of the Army and remain in place in their current (22) Carr Inlet naval restricted areas; Navy, both of which are actively configuration, we decided not to (23) Dabob Bay/Whitney Point naval engaged in training, maintaining, and consider them as part of the baseline for restricted area; and (24) Port Townsend/ deploying forces in the current war on the ESA section 4(b)(2) analysis. Indian Island/Walan Point naval terrorism. Therefore we conclude that Next, from the consultation record, restricted area. All of these sites overlap the benefits of exclusion outweigh the we identified Federal activities that with habitat areas occupied by one or benefits of designation and are not might affect habitat and that might more of the 12 ESUs and under designating these DOD sites as critical result in an ESA section 7 consultation. consideration for critical habitat habitat. (We did not consider Federal actions, designation. A number of other sites Between the time of the proposed rule such as the approval of a fishery, that (primarily armories and small Army and this final rule we discussed with might affect the species directly but not facilities) were also assessed and were the DOD the importance of the affect its habitat.) We identified ten determined to be outside the areas nearshore areas to these ESUs types of activities including: under consideration. (especially for juvenile chum and Hydropower dams; non-hydropower In response to our letter, both the Chinook salmon) and asked whether dams and other water supply structures; Army and Navy provided information national security impacts could still be Federal lands management, including clarifying site locations and describing avoided adjacent to Navy security zones grazing (considered separately); the types of military activities that occur in Puget Sound if critical habitat was transportation projects; utility line at these sites. They also listed the confined to a narrow nearshore zone projects; instream activities, including potential changes in these activities and from the line of extreme high tide down dredging (considered separately); consequent national security impacts to the line of mean lower low water activities permitted under EPA’s that critical habitat designation would (except in areas associated with an National Pollution Discharge cause in these areas. Both military approved INRMP or in areas with Elimination System; sand & gravel agencies concluded that critical habitat related DOD easements or right-of- mining; residential and commercial designation at any of these sites would ways). The DOD concurred that limiting development; and agricultural pesticide likely impact national security by the designation in this way will avoid applications. Based on our consultation diminishing military readiness. The the national security concerns record and other available information, possible impacts include: Preventing, associated with these sites while we determined the modifications each restricting, or delaying training or retaining critical habitat in tidal areas type of activity was likely to undergo as testing exercises or access to such sites; important to juvenile salmon in areas a result of section 7 consultation restricting or delaying activities with lesser security restrictions. The (regardless of whether the modification associated with vehicle/vessel/facility final designation accordingly includes might be required by the jeopardy or the maintenance and ordnance loading; these tidal areas. We have determined adverse modification provision). We delaying response times for ship that these exclusions, together with the developed an expected direct cost for deployments and overall operations; other exclusions described in this rule, each type of action and projected the and creating uncertainties regarding will not result in extinction of the likely occurrence of each type of project ESA consultation (e.g., reinitiation species (NMFS, 2005c). in each watershed, using existing spatial requirements) or imposing compliance databases (e.g., the COE 404(d) permit Exclusions Based on Economic Impacts conditions that would divert military database). Finally, we aggregated the resources. Also, both military agencies Our assessment of economic impact costs from the various types of actions cited their ongoing and positive generated considerable interest from and estimated an annual impact, taking consultation history with NMFS and commenters on the ANPR (68 FR 55926; into account the probability of underscored cases where they are September 29, 2003) and the proposed consultation occurring and the likely implementing best management rule (69 FR 74572; December 14, 2004). rate of occurrence of that project type. practices to reduce impacts on listed Based on new information and This analysis allowed us to estimate salmonids. comments received on the proposed the coextensive economic impact of Most of the affected DOD sites overlap rule we have updated our estimates of designating each ‘‘particular area’’ (that habitat areas in nearshore zones economic impacts of designating each of is, each habitat area, or aggregated occupied by Puget Sound Chinook or the particular areas found to meet the occupied stream reaches in a Hood Canal summer-run chum salmon. definition of critical habitat (NMFS, watershed). Expected annual economic The overlap consists of approximately 2005d). This report is available from impacts ranged from zero to $15.3 64 miles (103 km) of shoreline out of the NMFS (see ADDRESSES). million per habitat area, with a median 2,376 miles (3,824 km) of total occupied The first step in the overall economic of $163.3 thousand. Where a watershed shoreline for these two ESUs. analysis was to identify existing legal included both tributaries and a Freshwater and estuarine overlap areas and regulatory constraints on economic migration corridor that served other include approximately 20 miles (32 km) activity that are independent of critical watersheds, we estimated the separate of stream used by Puget Sound Chinook habitat designation, such as Clean Water impacts of designating the tributaries salmon and 10 miles (16 km) used by Act (CWA) requirements. Coextensive and the migration corridor. We did this
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52672 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
by identifying those categories of The circumstances of most of the we nevertheless must acknowledge that activities most likely to affect tributaries listed ESUs seem well suited to a cost- not all of the costs will be avoided by and those most likely to affect larger effectiveness approach. West Coast exclusion from designation. Finally, the migration corridors. salmon are wide-ranging species and cost estimates developed by our Because of the methods we selected occupy numerous habitat areas with economic analysis do not have obvious and the data limitations, portions of our thousands of stream miles. Not all break points that would lead to a logical analysis both under-and over-estimate occupied areas, however, are of equal division between ‘‘high,’’ ‘‘medium,’’ the coextensive economic impact of importance to conserving an ESU. and ‘‘low’’ costs. Given these factors, a ESA section 7 requirements. For Within the currently occupied range judgment that any particular dollar example, we lacked complete data on there are areas that support highly threshold is objectively ‘‘right,’’ would the likely impact on flows at non- productive populations, areas that be neither necessary nor possible. Federal hydropower projects, which support less productive populations, Rather, what economic impact is ‘‘high’’ would increase economic impacts. In and areas that support production in and, therefore, might outweigh the addition, operation and maintenance of only some years. Some populations benefit of designating a medium or low the FCRPS has changed in response to within an ESU may be more important value habitat area is a matter of ESA section 7 requirements. Federal to long-term conservation of the ESU discretion and depends on the policy agencies estimate direct costs of the than other populations. Therefore, in context. The policy context in which we FCRPS fish and wildlife program and many cases it may be possible to carry out this task led us to select dollar other conservation measures have construct different scenarios for thresholds that would likely lead to a averaged almost $250 million annually achieving conservation. Scenarios might cost-effective designation in a limited over the period 1995–2004, while the have more or less certainty of achieving amount of time with a relatively simple power costs during that same period conservation, and more or less process. have averaged approximately $320 economic impact. In the second step of the process, we million annually. Many of these costs Our first step in constructing an asked the CHARTs whether any of the would occur without the requirements exclusion scenario was to identify all habitat areas eligible for exclusion make of section 7, but there is currently no areas we would consider for an an important contribution to estimate available of what portion of economic exclusion, based on dollar conservation. The CHARTs considered these costs are attributable to section 7. thresholds. The next step was to this question in the context of all of the Finally, we did not have information examine the overall picture and areas eligible for exclusion as well as about potential changes in irrigation consider whether any of the areas the information they had developed in flows associated with section 7 eligible for exclusion make an important providing the initial conservation consultation. These impacts would contribution to conservation, in the ratings. The following section describes increase the estimate of coextensive context of what areas remained (that is, the results of applying the two-step costs. On the other hand, we estimated those areas not identified as eligible for process to each ESU. The results are an impact on all activities occurring exclusion). We did not consider habitat discussed in greater detail in a separate within the geographic boundaries of a areas for exclusion if they had a high report that is available for public review watershed, even though in some cases conservation value rating. Based on the and comment (NMFS, 2005c). We have activities would be far removed from rating process used by the CHARTs, we determined that these exclusions, occupied stream reaches and so might judged that all of the high value areas together with the other exclusions not require modification (or even make an important contribution to described in this rule, will not result in consultation). conservation. extinction of the species (NMFS, 2005c). In addition, we were unable to In developing criteria for the first document significant costs of critical step, we chose dollar thresholds that we VI. Critical Habitat Designation habitat designation that occur outside anticipated would lead most directly to We are designating approximately the section 7 consultation process, a cost-effective scenario. We considered 20,630 mi (33,201 km) of lake, riverine, including costs resulting from state or for exclusion low value habitat areas and estuarine habitat in Washington, local regulatory burdens imposed on with an economic impact greater than Oregon, and Idaho, and 2,312 mi (3,721 developers and landowners as a result $85,000 and medium value habitat areas km) of nearshore marine habitat in of a Federal critical habitat designation. with an economic impact greater than Puget Sound within the geographical In determining whether the economic $300,000. (These amounts were adjusted areas presently occupied by the 12 benefit of excluding a habitat area might for habitat areas within the range of the ESUs. Some of the areas designated outweigh the benefit of designation to Snake River steelhead ESU to account overlap with two or more ESUs (Table the species, we took into account the for the smaller-sized watersheds.) 12), and approximately 906 mi (1,458 many data limitations described above. The criteria we selected for km) overlap with Indian lands. Some of The ESA requires that we make critical identifying habitat areas eligible for these areas also overlap with military habitat designations within a short time exclusion do not represent an objective lands (described in the Military Lands frame ‘‘with such data as may be judgment that, for example, a low value section), which are not designated either available’’ at the time. Moreover, the area is worth a certain dollar amount because they are subject to INRMPs that cost-effectiveness approach we adopted and no more. The statute directs us to benefit listed species (NMFS, 2005f) or accommodated many of these data balance dissimilar values with a limited were determined to have national limitations by considering the relative amount of time (and, therefore, security impacts that outweigh the benefits of designation and exclusion, information). It emphasizes the benefit of designation. The annual net giving priority to excluding habitat areas discretionary nature of the balancing economic impacts (coextensive with with a relatively lower benefit of task. Moreover, while our approach ESA section 7) associated with the areas designation and a relatively higher follows the Tenth Circuit’s direction to designated for all ESUs are estimated to economic impact (NMFS, 2005c). consider coextensive economic impacts, be approximately $201.2 million.
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52673
TABLE 12.—APPROXIMATE QUANTITY OF HABITAT* AND OWNERSHIP WITHIN WATERSHEDS CONTAINING HABITAT AREAS DESIGNATED AS CRITICAL HABITAT.
Nearshore Ownership Streams Lakes Marine (percent) ESU (mi) (sq mi) (m) (km) (sq km) (km) Federal Tribal State Private
Puget Sound, Chinook Salmon ...... 1,683 41 2,182 46.4 1.0 10.0 42.6 2,709 106 3,512 Lower Columbia, River Chinook, Salm- on ...... 1,311 33 ...... 37.3 0.0 8.0 54.7 2,110 85 .5 Upper Willamette, River Chinook, Salm- on ...... 1,472 18 ...... 38.6 0.4 0.9 60.1 2,369 46 .6 Upper Columbia, River Spring-run, Chi- nook Salmon ...... 974 4 ...... 53.4 0.0 7.3 39.2 1,568 10 .4 Hood Canal, Summer-run Chum, Salm- on ...... 79 ...... 377 49.1 0.7 11.9 37.6 127 ...... 607 Columbia River, Chum Salmon ...... 708 ...... 15.8 0.0 14.0 69.8 1,139 Ozette Lake, Sockeye Salmon ...... 42 12 ...... 19.0 1.2 7.0 71.5 68 31 Upper Columbia, River Steelhead ...... 1,262 7 ...... 45.3 5.7 8.3 40.7 2,031 18 .1 Snake River Basin, Steelhead ...... 8,049 4 ...... 65.7 3.9 2.1 28.3 12,954 10 Middle Columbia, River Steelhead ...... 5,815 ...... 26.0 13.2 3.7 57.1 9,358 Lower Columbia, River Steelhead ...... 2,324 27 ...... 44.5 0.5 5.9 49.2 3,740 70 Upper Willamette, River Steelhead ...... 1,276 2 ...... 9.7 0.3 1.9 88.1 2,054 5.2 * These estimates are the total amount for each ESU. They do not account for overlapping areas (e.g., the Columbia River corridor) designated for multiple ESUs.
These areas designated, summarized Habitat areas for this ESU include two HCPs because the benefits of below by ESU, are either (1) occupied 2,216 mi (3,566 km) of stream and 2,376 exclusion outweigh the benefits of and contain physical and biological mi (3,824 km) of nearshore marine designation. features essential to the conservation of areas. Of these, 19 stream miles (31 km) As a result of the balancing process the species and that may require special and 48 nearshore miles (175 km) are not for economic impacts described above, management considerations or being designated because they are the Secretary is excluding from the protection, or (2) are not presently within lands controlled by the military designation the habitat areas shown in occupied but are considered essential that contain qualifying INRMPs or they for the conservation of the species. Table 13. Of the habitat areas eligible for would result in national security designation, approximately 377 stream Puget Sound Chinook Salmon impacts that outweigh the benefits of miles (606 km) are being excluded There are 61 watersheds within the designation. Fifty-two miles (85 km) of because the economic benefits of range of this ESU. Twelve watersheds stream and 146 mi (237 km) of exclusion outweigh the benefits of received a low rating, 9 received a nearshore marine areas are being designation. Total potential estimated medium rating, and 40 received a high excluded because they overlap with economic impact, with no exclusions, rating of conservation value to the ESU Indian lands (see Government-to- would be $93.2 million. The exclusions (NMFS, 2005a). Nineteen nearshore Government Relationship With Tribes). identified in Table 13 would reduce the marine areas also received a rating of Also, we are excluding approximately total estimated economic impact to high conservation value. 98 miles (158 km) of stream covered by $71.3 million (NMFS, 2005c).
TABLE 13.—HABITAT AREAS WITHIN THE GEOGRAPHICAL RANGE OF THE PUGET SOUND CHINOOK SALMON ESU AND EXCLUDED FROM CRITICAL HABITAT
Watershed code Watershed name Area excluded
1711000201 ...... Bellingham Bay ...... Entire watershed. 1711000202 ...... Samish River ...... Entire watershed. 1711000204 ...... Birch Bay ...... Entire watershed. 1711000401 ...... Upper North Fork Nooksack River ...... WDNR HCP lands. 1711000402 ...... Middle Fork Nooksack River ...... WDNR HCP lands. 1711000403 ...... South Fork Nooksack River ...... WDNR HCP lands, Indian lands. 1711000404 ...... Lower North Fork Nooksack River ...... WDNR HCP lands, Indian lands. 1711000405 ...... Nooksack River ...... Indian lands.
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52674 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
TABLE 13.—HABITAT AREAS WITHIN THE GEOGRAPHICAL RANGE OF THE PUGET SOUND CHINOOK SALMON ESU AND EXCLUDED FROM CRITICAL HABITAT—Continued
Watershed code Watershed name Area excluded
1711000506 ...... Cascade River ...... WDNR HCP lands. 1711000507 ...... Skagit River/Illabot Creek ...... WDNR HCP lands. 1711000508 ...... Baker River ...... Entire watershed. 1711000603 ...... Lower Suiattle River ...... WDNR HCP lands. 1711000604 ...... Lower Sauk River ...... WDNR HCP lands, Indian lands. 1711000701 ...... Middle Skagit River/Finney Creek ...... WDNR HCP lands. 1711000702 ...... Lower Skagit River/Nookachamps Creek ...... WDNR HCP lands. 1711000801 ...... North Fork Stillaguamish River ...... WDNR HCP lands. 1711000802 ...... South Fork Stillagaumish River ...... DOD lands, WDNR HCP lands. 1711000901 ...... Tye and Beckler Rivers ...... WDNR HCP lands. 1711000903 ...... Skykomish River/Wallace River ...... WDNR HCP lands. 1711000904 ...... Sultan River ...... WDNR HCP lands. 1711000905 ...... Skykomish River/Woods Creek ...... WDNR HCP lands. 1711001003 ...... Middle Fork Snoqualmie River ...... WDNR HCP lands. 1711001004 ...... Lower Snoqualmie River ...... WDNR HCP lands. 1711001101 ...... Pilchuck River ...... WDNR HCP lands. 1711001102 ...... Snohomish River ...... Indian lands. 1711001202 ...... Lake Sammamish ...... Entire watershed. 1711001203 ...... Lake Washington ...... Tributaries only. 1711001204 ...... Sammamish River ...... Entire watershed. 1711001301 ...... Upper Green River ...... WDNR HCP lands. 1711001302 ...... Middle Green River ...... WDNR HCP lands. 1711001303 ...... Lower Green River ...... WDNR HCP lands. 1711001401 ...... Upper White River ...... WDNR HCP lands. 1711001402 ...... Lower White River ...... Indian lands. 1711001405 ...... Lower Puyallup River ...... Indian lands. 1711001503 ...... Lowland ...... DOD lands, Indian lands. 1711001601 ...... Prairie ...... Entire watershed. 1711001602 ...... Prairie ...... Entire watershed. 1711001701 ...... Skokomish River ...... WDNR HCP lands, Green Diamond HCP lands, Indian lands. 1711001802 ...... Lower West Hood Canal Frontal ...... Entire watershed. 1711001804 ...... Duckabush River ...... WDNR HCP lands. 1711001806 ...... Big Quilcene River ...... Entire watershed. 1711001808 ...... West Kitsap ...... Entire watershed. 1711001900 ...... Kennedy/Goldsborough ...... Entire watershed. 1711001901 ...... Puget ...... Entire watershed. 1711001902 ...... Prairie ...... Entire watershed. 1711001904 ...... Puget Sound/East Passage ...... Entire watershed. 1711002003 ...... Dungeness River ...... WDNR HCP lands. 1711002004 ...... Port Angeles Harbor ...... Entire watershed. 1711002007 ...... Elwha River ...... Indian lands. N01 ...... Nearshore Marine Area #1 ...... Indian lands. N03 ...... Nearshore Marine Area #3 ...... Indian lands. N04 ...... Nearshore Marine Area #4 ...... Indian lands. N05 ...... Nearshore Marine Area #5 ...... DOD lands. N06 ...... Nearshore Marine Area #6 ...... DOD lands, Indian lands. N09 ...... Nearshore Marine Area #9 ...... DOD lands, Indian lands. N11 ...... Nearshore Marine Area #11 ...... DOD lands. N13 ...... Nearshore Marine Area #13 ...... Indian lands. N14 ...... Nearshore Marine Area #14 ...... DOD lands, Indian lands. N15 ...... Nearshore Marine Area #15 ...... DOD lands, Indian lands. N17 ...... Nearshore Marine Area #17 ...... Indian lands. N18 ...... Nearshore Marine Area #18 ...... DOD lands.
Lower Columbia River Chinook Salmon value and is the only habitat area outweigh the benefits of designation. ESU designated in one of the high value Also, we are excluding approximately watersheds. 162 miles (261 km) of stream covered by There are 48 watersheds within the As a result of the balancing process one HCP because the benefits of range of this ESU. Four watersheds for economic impacts described above, exclusion outweigh the benefits of received a low rating, 13 received a the Secretary is excluding from the designation. Total potential estimated medium rating, and 31 received a high designation the habitat areas shown in economic impact, with no exclusions, rating of conservation value to the ESU Table 14. Of the 1,655 miles (2,663 km) would be $37.6 million. The exclusions (NMFS, 2005a). The lower Columbia of habitat areas eligible for designation, identified in Table 14 would reduce the River rearing/migration corridor approximately 228 stream miles (367 total estimated economic impact to downstream of the spawning range is km) are being excluded because the $28.2 million (NMFS, 2005c). considered to have a high conservation economic benefits of exclusion
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52675
TABLE 14.—HABITAT AREAS WITHIN THE GEOGRAPHICAL RANGE OF THE LOWER COLUMBIA RIVER CHINOOK SALMON ESU AND EXCLUDED FROM CRITICAL HABITAT
Watershed code Watershed name Area excluded
1707010510 ...... Little White Salmon River ...... Entire watershed. 1707010511 ...... Wind River ...... WDNR HCP lands. 1707010512 ...... Middle Columbia/Grays Creek ...... Tributaries only. 1708000106 ...... Washougal River ...... WDNR HCP lands. 1708000109 ...... Salmon Creek ...... Entire watershed. 1708000302 ...... Beaver Creek/Columbia River ...... Entire watershed. 1708000304 ...... Germany/Abernathy ...... Entire watershed. 1708000305 ...... Skamokawa/Elochoman ...... WDNR HCP lands. 1708000403 ...... Cowlitz Valley Frontal ...... WDNR and West Fork Timber. Company HCP lands. 1708000501 ...... Tilton River ...... Entire watershed. 1708000504 ...... North Fork Toutle River ...... Tributaries only. 1708000506 ...... South Fork Toutle River ...... WDNR HCP lands. 1708000507 ...... East Willapa ...... WDNR HCP lands. 1708000601 ...... Youngs River ...... Entire watershed. 1708000603 ...... Grays Bay ...... WDNR HCP lands. 1709000704 ...... Abernethy Creek ...... Entire watershed. 1709001105 ...... Eagle Creek ...... Entire watershed.
Upper Willamette River Chinook range is also considered to have a high approximately 324 stream miles (521 Salmon ESU conservation value and is the only km) are being excluded because the There are 60 watersheds within the habitat designated in four of the high economic benefits of exclusion range of this ESU. Nineteen watersheds value watersheds. outweigh the benefits of designation. received a low rating, 18 received a As a result of the balancing process Total potential estimated economic medium rating, and 23 received a high for economic impacts described above, impact, with no exclusions, would be rating of conservation value to the ESU the Secretary is excluding from the $32.2 million. The exclusions identified (NMFS, 2005a). The lower Willamette/ designation the habitat areas shown in in Table 15 would reduce the total Columbia River rearing/migration Table 15. Of the 1,796 miles (2,890 km) estimated economic impact to $25.6 corridor downstream of the spawning of habitat areas eligible for designation, million (NMFS, 2005c).
TABLE 15.—HABITAT AREAS WITHIN THE GEOGRAPHICAL RANGE OF THE UPPER WILLAMETTE RIVER CHINOOK SALMON ESU AND EXCLUDED FROM CRITICAL HABITAT
Watershed code Watershed name Area excluded
1709000104 ...... Salmon Creek ...... Entire watershed. 1709000201 ...... Row River ...... Entire watershed. 1709000202 ...... Mosby Creek ...... Entire watershed. 1709000203 ...... Upper Coast Fork Willamette River ...... Entire watershed. 1709000205 ...... Lower Coast Fork Willamette River ...... Entire watershed. 1709000301 ...... Long Tom River ...... Entire watershed. 1709000302 ...... Muddy Creek ...... Tributaries only. 1709000304 ...... Oak Creek ...... Tributaries only. 1709000404 ...... Blue River ...... Entire watershed. 1709000406 ...... Mohawk River ...... Entire watershed. 1709000701 ...... Mill Creek/Willamette River ...... Tributaries only. 1709000702 ...... Rickreall Creek ...... Tributaries only. 0709000703 ...... Willamette River/Chehalem Creek ...... Tributaries only. 1709000704 ...... Abernethy Creek ...... Tributaries only. 1709000804 ...... Lower South Yamhill River ...... Entire watershed. 1709000805 ...... Salt Creek/South Yamhill River ...... Entire watershed. 1709000806 ...... North Yamhill River ...... Entire watershed. 1709000807 ...... Yamhill River ...... Entire watershed. 1709000901 ...... Abiqua Creek/Pudding River ...... Entire watershed. 1709000902 ...... Butter Creek/Pudding River ...... Tributaries only. 1709000903 ...... Rock Creek/Pudding River ...... Entire watershed. 1709000904 ...... Senecal Creek/Mill Creek ...... Tributaries only. 1709001105 ...... Eagle Creek ...... Entire watershed.
Upper Columbia River Spring-Run received a high rating of conservation conservation value and is the only Chinook Salmon ESU value to the ESU (NMFS, 2005a). The habitat area designated in 15 of the high Columbia River rearing/migration value watersheds identified above. There are 31 watersheds within the corridor downstream of the spawning As a result of the balancing process range of this ESU. Five watersheds range is considered to have a high received a medium rating and 26 for economic impacts described above,
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52676 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
the Secretary is excluding from the are being excluded because the $17.6 million. The exclusions identified designation the habitat areas shown in economic benefits of exclusion in Table 16 would reduce the total Table 16. Of the 1,002 miles (1,613 km) outweigh the benefits of designation. estimated economic impact to $14.2 of habitat areas eligible for designation, Total potential estimated economic million (NMFS, 2005c). approximately 28 stream miles (45 km) impact, with no exclusions, would be
TABLE 16.—HABITAT AREAS WITHIN THE GEOGRAPHICAL RANGE OF THE UPPER COLUMBIA RIVER SPRING-RUN CHINOOK SALMON ESU AND EXCLUDED FROM CRITICAL HABITAT
Watershed code Watershed name Area excluded
1702000807 ...... Lower Methow River ...... Tributaries only. 1702001002 ...... Lake Entiat ...... Tributaries only. 1702001104 ...... Icicle/Chumstick ...... Tributaries only. 1702001105 ...... Lower Wenatchee River ...... Tributaries only.
Hood Canal Summer-Run Chum 16 nearshore miles (26 km) are not being of stream covered by one HCP because Salmon ESU designated because they are within the benefits of exclusion outweigh the lands controlled by the military that benefits of designation. There are 12 watersheds within the contain qualifying INRMPs or they As a result of the balancing process range of this ESU. Three watersheds would result in national security for economic impacts described above, received a medium rating and nine impacts that outweigh the benefits of the Secretary is excluding from the received a high rating of conservation designation. Four miles (6 km) of stream designation the habitat areas shown in value to the ESU (NMFS, 2005a). Five and 9 mi (14 km) of nearshore marine Table 17. Total potential estimated nearshore marine areas also received a areas are being excluded because they economic impact, with no exclusions, rating of high conservation value. overlap with Indian lands (see would be $7.1 million. The exclusions Habitat areas for this ESU include 88 Government-to-Government identified in Table 17 would reduce the mi (142 km) of stream and 402 mi (647 Relationship With Tribes). Also, we are total estimated economic impact to $6.8 km) of nearshore marine areas. Of these, excluding approximately 5 miles (8 km) million (NMFS, 2005c).
TABLE 17.—HABITAT AREAS WITHIN THE GEOGRAPHICAL RANGE OF THE HOOD CANAL SUMMER-RUN CHUM SALMON ESU AND EXCLUDED FROM CRITICAL HABITAT
Watershed code Watershed name Area excluded
1711001701 ...... Skokomish River ...... Indian lands. 1711001802 ...... Lower West Hood Canal Frontal ...... WDNR HCP lands. 1711001808 ...... West Kitsap ...... WDNR HCP lands. 1711002003 ...... Dungeness River ...... WDNR HCP lands. N15 ...... Nearshore Marine Area #15 ...... DOD lands, Indian lands. N17 ...... Nearshore Marine Area #17 ...... Indian lands. N18 ...... Nearshore Marine Area #18 ...... DOD lands.
Columbia River Chum Salmon ESU habitat area designated in one of the benefits of designation. Also, we are high value watersheds identified above. excluding approximately 4 miles (6 km) There are 20 watersheds within the As a result of the balancing process of stream covered by one HCP because range of this ESU. Three watersheds for economic impacts described above, the benefits of exclusion outweigh the received a medium rating and 17 the Secretary is excluding from the benefits of designation. Total potential received a high rating of conservation designation the habitat areas shown in estimated economic impact, with no value to the ESU (NMFS, 2005a). The Table 18. Of the 725 miles (1,167 km) exclusions, would be $17.1 million. The lower Columbia River rearing/migration of habitat areas eligible for designation, exclusions identified in Table 18 would corridor downstream of the spawning approximately 3 stream miles (5 km) are reduce the total estimated economic range is considered to have a high being excluded because the economic impact to $16.5 million (NMFS, 2005c). conservation value and is the only benefits of exclusion outweigh the
TABLE 18.—HABITAT AREAS WITHIN THE GEOGRAPHICAL RANGE OF THE COLUMBIA RIVER CHUM SALMON ESU AND EXCLUDED FROM CRITICAL HABITAT
Watershed code Watershed name Area excluded
1708000106 ...... Washougal River ...... WDNR HCP lands. 1708000305 ...... Skamokawa/Elochoman ...... WDNR HCP lands. 1708000504 ...... North Fork Toutle River ...... Entire Watershed. 1708000505 ...... Green River ...... Entire Watershed. 1708000507 ...... East Willapa ...... WDNR HCP lands. 1708000603 ...... Grays Bay ...... WDNR HCP lands.
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52677
Ozette Lake Sockeye Salmon ESU economic impacts. However, we are outweigh the benefits of designation. excluding approximately <1 mile (1.6 Total potential estimated economic There is one watershed supporting the km) of stream because it overlaps with impact, with no exclusions, would be Ozette Lake sockeye ESU and it was Indian lands (see Government-to- $2.7 thousand. The exclusions rated as having a high conservation Government Relationship With Tribes). identified in Table 19 would not reduce value (NMFS, 2005a). As a result of the Also, we are excluding approximately 2 the total estimated economic impact balancing process described above, no miles (3 km) of stream covered by one (NMFS, 2005c). habitat is being excluded due to HCP because the benefits of exclusion
TABLE 19.—HABITAT AREAS WITHIN THE GEOGRAPHICAL RANGE OF THE OZETTE LAKE SOCKEYE SALMON ESU AND EXCLUDED FROM CRITICAL HABITAT
Watershed code Watershed name Area excluded
1710010102 ...... Hoh/Quillayute ...... WDNR HCP lands, Indian Lands.
Upper Columbia River Steelhead ESU Habitat areas for this ESU include stream because they overlap with Indian 1,332 miles (2,144 km) of stream. Of lands (see Government-to-Government There are 42 watersheds within the these, 10 stream miles (17 km) are not Relationship With Tribes). range of this ESU. Three watersheds being designated because they are As a result of the balancing process received a low rating, 8 received a within lands controlled by the military for economic impacts described above, medium rating, and 31 received a high that contain qualifying INRMPs or they the Secretary is excluding from the rating of conservation value to the ESU would result in national security (NMFS, 2005a). The Columbia River impacts that outweigh the benefits of designation the habitat areas shown in rearing/migration corridor downstream designation. Approximately 6 stream Table 20. Total potential estimated of the spawning range is considered to miles (10 km) are being excluded economic impact, with no exclusions, have a high conservation value and is because the economic benefits of would be $27.1 million. The exclusions the only habitat area designated in 11 of exclusion outweigh the benefits of identified in Table 20 would reduce the the high value watersheds identified designation. Also, we are excluding total estimated economic impact to above. approximately 54 miles (87 km) of $20.7 million (NMFS, 2005c).
TABLE 20.—HABITAT AREAS WITHIN THE GEOGRAPHICAL RANGE OF THE UPPER COLUMBIA RIVER STEELHEAD ESU AND EXCLUDED FROM CRITICAL HABITAT
Watershed code Watershed name Area excluded
1702000503 ...... Foster Creek ...... Entire watershed. 1702000504 ...... Jordan/Tumwater ...... Indian lands. 1702000505 ...... Upper Columbia/Swamp Creek ...... Indian lands. 1702000603 ...... Salmon Creek ...... Indian lands. 1702000604 ...... Okanogan River/Omak Creek ...... Indian lands. 1702000605 ...... Lower Okanogan River ...... Indian lands. 1702000903 ...... Lower Chelan ...... Entire watershed. 1702001002 ...... Lake Entiat ...... Tributaries only. 1702001004 ...... Columbia River/Sand Hollow ...... DOD lands. 1702001204 ...... Rattlesnake Creek ...... Entire watershed. 1702001604 ...... Yakima River/Hanson Creek ...... DOD lands.
Snake River Basin Steelhead ESU habitat area designated in 15 of the high Also, we are excluding approximately value watersheds identified above. 39 miles (63 km) of stream because they There are 289 watersheds within the As a result of the balancing process overlap with Indian lands (see range of this ESU. Fourteen watersheds for economic impacts described above, Government-to-Government received a low rating, 44 received a the Secretary is excluding from the Relationship With Tribes). Total medium rating, and 231 received a high designation the habitat areas shown in potential estimated economic impact, rating of conservation value to the ESU Table 21. Of the 8,225 miles (13,237 km) with no exclusions, would be $30.0 (NMFS, 2005a). The lower Snake/ of habitat areas eligible for designation, million. The exclusions identified in Columbia River rearing/migration approximately 134 miles (216 km) of Table 21 would reduce the total corridor downstream of the spawning stream are being excluded because the estimated economic impact to $29.2 range is considered to have a high economic benefits of exclusion million (NMFS, 2005c). conservation value and is the only outweigh the benefits of designation.
TABLE 21.—HABITAT AREAS WITHIN THE GEOGRAPHICAL RANGE OF THE SNAKE RIVER STEELHEAD ESU AND EXCLUDED FROM CRITICAL HABITAT
Watershed code Watershed name Area excluded
1706010402 ...... Meadow Creek ...... Indian lands. 1706010704 ...... Flat Creek ...... Entire watershed.
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52678 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
TABLE 21.—HABITAT AREAS WITHIN THE GEOGRAPHICAL RANGE OF THE SNAKE RIVER STEELHEAD ESU AND EXCLUDED FROM CRITICAL HABITAT—Continued
Watershed code Watershed name Area excluded
1706010705 ...... Pataha Creek ...... Entire watershed. 1706010808 ...... Lower Palouse River ...... Entire watershed. 1706020107 ...... Road Creek ...... Entire watershed. 1706020202 ...... Pahsimeroi River/Falls Creek ...... Entire watershed. 1706020319 ...... Napias Creek ...... Entire watershed. 1706020404 ...... Agency Creek ...... Entire watershed. 1706020707 ...... Big Mallard Creek ...... Entire watershed. 1706020904 ...... Salmon River/Cottonwood Creek ...... Indian lands. 1706020917 ...... Rice Creek ...... Entire watershed. 1706030401 ...... Middle Fork Clearwater River/Maggie Creek ...... Indian lands. 1706030402 ...... Clear Creek ...... Indian lands. 1706030501 ...... Lower South Fork Clearwater River ...... Indian lands. 1706030503 ...... South Fork Clearwater River/Peasley Creek ...... Tributaries only. 1706030512 ...... Three Mile Creek ...... Entire watershed. 1706030513 ...... Cottonwood Creek ...... Indian lands. 1706030601 ...... Lower Clearwater River ...... Tributaries only. 1706030602 ...... Clearwater River/Lower Potlatch River ...... Indian lands. 1706030603 ...... Potlatch River/Middle Potlatch Creek ...... Indian lands. 1706030608 ...... Clearwater River/Bedrock Creek ...... Indian lands. 1706030610 ...... Big Canyon Creek ...... Indian lands. 1706030613 ...... Upper Orofino Creek ...... Entire watershed. 1706030614 ...... Jim Ford Creek ...... Indian lands. 1706030620 ...... Clearwater River/Fivemile Creek ...... Indian lands. 1706030621 ...... Clearwater River/Sixmile Creek ...... Indian lands. 1706030622 ...... Clearwater River/Tom Taha Creek ...... Indian lands. 1706030623 ...... Lower Lawyer Creek ...... Indian lands. 1706030627 ...... Cottonwood Creek ...... Indian lands. 1706030628 ...... Upper Lapwai Creek ...... Indian lands. 1706030629 ...... Mission Creek ...... Indian lands. 1706030630 ...... Upper Sweetwater Creek ...... Indian lands. 1706030631 ...... Lower Sweetwater Creek ...... Indian lands.
Middle Columbia River Steelhead ESU designated in three of the high value Also, we are excluding approximately watersheds identified above. 599 miles (964 km) of stream because There are 114 watersheds within the As a result of the balancing process they overlap with Indian lands (see range of this ESU. Nine watersheds for economic impacts described above, Government-to-Government received a low rating, 24 received a the Secretary is excluding from the Relationship With Tribes). Total medium rating, and 81 received a high designation the habitat areas shown in potential estimated economic impact, rating of conservation value to the ESU Table 22. Of the 6,529 miles (10,507 km) with no exclusions, would be $43.1 (NMFS, 2005a). The lower Columbia of habitat areas eligible for designation, million. The exclusions identified in River rearing/migration corridor approximately 115 miles (185 km) of Table 22 would reduce the total downstream of the spawning range is stream are being excluded because the estimated economic impact to $38.4 considered to have a high conservation economic benefits of exclusion value and is the only habitat area outweigh the benefits of designation. million (NMFS, 2005c).
TABLE 22.—HABITAT AREAS WITHIN THE GEOGRAPHICAL RANGE OF THE MIDDLE COLUMBIA RIVER STEELHEAD ESU AND EXCLUDED FROM CRITICAL HABITAT
Watershed code Watershed name Area excluded
1703000301 ...... Ahtanum Creek ...... Indian lands. 1703000303 ...... Upper Toppenish Creek ...... Indian lands. 1703000304 ...... Lower Toppenish Creek ...... Indian lands. 1703000305 ...... Satus Creek ...... Indian lands. 1703000306 ...... Yakima River/Spring Creek ...... Indian lands. 1707010209 ...... Pine Creek ...... Entire watershed. 1707010211 ...... Lower Walla Walla River ...... Tributaries only. 1707010301 ...... Upper Umatilla River ...... Indian lands. 1707010302 ...... Meacham Creek ...... Indian lands. 1707010303 ...... Umatilla River/Mission Creek ...... Indian lands. 1707010304 ...... Wildhorse Creek ...... Entire watershed. 1707010308 ...... Stage Gulch ...... Entire watershed. 1707010310 ...... Lower Butter Creek ...... Entire watershed. 1707010502 ...... Fifteenmile Creek ...... Indian lands. 1707010510 ...... Little White Salmon River ...... Entire watershed. 1707010512 ...... Middle Columbia/Grays Creek ...... Tributaries only 1707010601 ...... Upper Klickitat River ...... Indian lands.
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52679
TABLE 22.—HABITAT AREAS WITHIN THE GEOGRAPHICAL RANGE OF THE MIDDLE COLUMBIA RIVER STEELHEAD ESU AND EXCLUDED FROM CRITICAL HABITAT—Continued
Watershed code Watershed name Area excluded
1707010602 ...... Middle Klickitat River ...... Indian lands. 1707020305 ...... Lower Middle Fork John Day River ...... Tributaries only. 1707020405 ...... Lower John Day River/Clarno ...... Tributaries only. 1707020410 ...... Lower John Day River/Scott Canyon ...... Indian lands. 1707020414 ...... Lower John Day River/McDonald Ferry ...... Indian lands. 1707030603 ...... Upper Deschutes River ...... Indian lands. 1707030604 ...... Mill Creek ...... Indian lands. 1707030605 ...... Beaver Creek ...... Indian lands. 1707030606 ...... Warm Springs River ...... Indian lands. 1707030607 ...... Middle Deschutes River ...... Indian lands. 1707030610 ...... White River ...... Entire watershed. 1707030704 ...... Mud Springs Creek ...... Entire watershed. 1707030705 ...... Lower Trout Creek ...... Indian lands.
Lower Columbia River Steelhead ESU designated in one of the high value outweigh the benefits of designation. There are 32 watersheds within the watersheds identified above. Also, we are excluding approximately range of this ESU. Two watersheds As a result of the balancing process 110 miles (177 km) of stream covered by received a low rating, 11 received a for economic impacts described above, one HCP because the benefits of medium rating, and 29 received a high the Secretary is excluding from the exclusion outweigh the benefits of rating of conservation value to the ESU designation the habitat areas shown in designation. Total potential estimated (NMFS, 2005a). The lower Columbia Table 23. Of the 2,673 miles (4,302 km) economic impact, with no exclusions, River rearing/migration corridor of habitat areas eligible for designation, would be $36.6 million. The exclusions downstream of the spawning range is approximately 227 stream miles (365 identified in Table 23 would reduce the considered to have a high conservation km) are being excluded because the total estimated economic impact to value and is the only habitat area economic benefits of exclusion $29.3 million (NMFS, 2005c).
TABLE 23.—HABITAT AREAS WITHIN THE GEOGRAPHICAL RANGE OF THE LOWER COLUMBIA RIVER STEELHEAD ESU AND EXCLUDED FROM CRITICAL HABITAT
Watershed code Watershed name Area excluded
1707010511 ...... Wind River ...... WDNR HCP lands. 1707010512 ...... Middle Columbia/Grays Creek ...... Tributaries only. 1707010513 ...... Middle Columbia/Eagle Creek ...... WDNR HCP lands. 1708000105 ...... Bull Run River ...... Entire watershed 1708000106 ...... Washougal River ...... WDNR HCP lands. 1708000107 ...... Columbia Gorge Tributaries ...... WDNR HCP lands. 1708000109 ...... Salmon Creek ...... Entire Watershed. 1708000205 ...... East Fork Lewis River ...... WDNR HCP lands. 1708000206 ...... Lower Lewis River ...... WDNR HCP lands. 1708000301 ...... Kalama River ...... WDNR HCP lands. 1708000402 ...... Upper Cowlitz River ...... WDNR HCP lands. 1708000403 ...... Cowlitz Valley Frontal ...... WDNR HCP and West Fork Timber Company lands. 1708000501 ...... Tilton River ...... Entire Watershed. 1708000503 ...... Jackson Prairie ...... WDNR HCP lands. 1708000504 ...... North Fork Toutle River ...... WDNR HCP lands. 1708000505 ...... Green River ...... WDNR HCP lands. 1708000506 ...... South Fork Toutle River ...... WDNR HCP lands. 1708000507 ...... East Willapa ...... WDNR HCP lands. 1708000508 ...... Coweeman ...... WDNR HCP lands. 1709000704 ...... Abernethy Creek ...... Entire Watershed.
Upper Willamette River Steelhead ESU conservation value and is the only economic benefits of exclusion habitat area designated in four of the outweigh the benefits of designation. There are 38 watersheds within the high value watersheds identified above. Also, we are excluding approximately range of this ESU. Seventeen watersheds As a result of the balancing process 11 miles (18 km) of stream because they received a low rating, 6 received a for economic impacts described above, overlap with Indian lands. (see medium rating, and 15 received a high the Secretary is excluding from the Government-to-Government rating of conservation value to the ESU designation the habitat areas shown in Relationship With Tribes). Total (NMFS, 2005a). The lower Willamette/ Table 24. Of the 1,830 miles (2,945 km) potential estimated economic impact, Columbia River rearing/migration of habitat areas eligible for designation, with no exclusions, would be $15.2 corridor downstream of the spawning approximately 545 stream miles (877 million. The exclusions identified in range is also considered to have a high km) are being excluded because the Table 24 would reduce the total
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52680 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
estimated economic impact to $10.7 million (NMFS, 2005c).
TABLE 24.—HABITAT AREAS WITHIN THE GEOGRAPHICAL RANGE OF THE UPPER WILLAMETTE RIVER STEELHEAD ESU AND EXCLUDED FROM CRITICAL HABITAT
Watershed code Watershed name Area excluded
1709000701 ...... Mill Creek/Willamette River ...... Tributaries only. 1709000702 ...... Rickreall Creek ...... Tributaries only. 1709000703 ...... Willamette River/Chehalem Creek ...... Tributaries only. 1709000704 ...... Abernethy Creek ...... Tributaries only. 1709000801 ...... Upper South Yamhill River ...... Indian lands. 1709000802 ...... Willamina Creek ...... Entire watershed. 1709000803 ...... Mill Creek/South Yamhill River ...... Entire watershed. 1709000804 ...... Lower South Yamhill River ...... Tributaries only. 1709000805 ...... Salt Creek/South Yamhill River ...... Entire watershed. 1709000806 ...... North Yamhill River ...... Entire watershed. 1709000807 ...... Yamhill River ...... Tributaries only. 1709000902 ...... Butte Creek/Pudding River ...... Tributaries only. 1709000903 ...... Rock Creek/Pudding River ...... Entire watershed. 1709000904 ...... Senecal Creek/Mill Creek ...... Tributaries only. 1709001001 ...... Dairy Creek ...... Entire watershed. 1709001003 ...... Scoggins Creek ...... Entire watershed. 1709001004 ...... Rock Creek/Tualatin River ...... Entire watershed. 1709001005 ...... Lower Tualatin River ...... Entire watershed.
VII. Effects of Critical Habitat continued existence of such a species or involvement or control is authorized by Designation to destroy or adversely modify its law. Consequently, some Federal critical habitat. If a Federal action may agencies may request reinitiation of ESA Section 7 Consultation affect a listed species or its critical consultation or conference with us on Section 7(a) of the ESA requires habitat, the responsible Federal agency actions for which formal consultation Federal agencies, including NMFS, to (action agency) must enter into has been completed, if those actions evaluate their actions with respect to consultation with us. Through this may affect designated critical habitat or any species that is proposed or listed as consultation, we would review actions adversely modify or destroy proposed endangered or threatened and with to determine if they would destroy or critical habitat. respect to its critical habitat, if any is adversely modify critical habitat. Activities on Federal lands that may proposed or designated. Regulations If we issue a biological opinion affect these ESUs or their critical habitat implementing this provision of the ESA concluding that a project is likely to will require ESA section 7 consultation. are codified at 50 CFR 402. Section result in the destruction or adverse Activities on private or state lands 7(a)(4) of the ESA requires Federal modification of critical habitat, we will requiring a permit from a Federal agencies to confer with us on any action also provide reasonable and prudent agency, such as a permit from the COE that is likely to jeopardize the continued alternatives to the project, if any are under section 404 of the CWA, a section existence of a proposed species or result identifiable. Reasonable and prudent 10(a)(1)(B) permit from NMFS, or some in the destruction or adverse alternatives are defined at 50 CFR other Federal action, including funding modification of proposed critical 402.02 as alternative actions identified (e.g., Federal Highway Administration habitat. Conference reports provide during consultation that can be (FHA) or Federal Emergency conservation recommendations to assist implemented in a manner consistent Management Agency (FEMA) funding), the agency in eliminating conflicts that with the intended purpose of the action, will also be subject to the section 7 may be caused by the proposed action. that are consistent with the scope of the consultation process. Federal actions The conservation recommendations in a Federal agency’s legal authority and not affecting listed species or critical conference report are advisory. jurisdiction, that are economically and habitat and actions on non-Federal and We may issue a formal conference technologically feasible, and that we private lands that are not Federally report if requested by a Federal agency. believe would avoid destruction or funded, authorized, or permitted do not Formal conference reports include an adverse modification of critical habitat. require section 7 consultation. opinion that is prepared according to 50 Reasonable and prudent alternatives can Activities Affected by Critical Habitat CFR 402.14, as if the species were listed vary from slight project modifications to Designation or critical habitat designated. We may extensive redesign or relocation of the adopt the formal conference report as project. Costs associated with Section 4(b)(8) of the ESA requires the biological opinion when the species implementing a reasonable and prudent that we evaluate briefly and describe, in is listed or critical habitat designated, if alternative are similarly variable. any proposed or final regulation that no substantial new information or Regulations at 50 CFR 402.16 require designates critical habitat, those changes in the action alter the content Federal agencies to reinitiate activities involving a Federal action that of the opinion (see 50 CFR 402.10(d)). consultation on previously reviewed may adversely modify such habitat or If a species is listed or critical habitat actions in instances where critical that may be affected by such is designated, ESA section 7(a)(2) habitat is subsequently designated and designation. A wide variety of activities requires Federal agencies to ensure that the Federal agency has retained may affect critical habitat and, when activities they authorize, fund, or carry discretionary involvement or control carried out, funded, or authorized by a out are not likely to jeopardize the over the action or such discretionary Federal agency, require that an ESA
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52681
section 7 consultation be conducted. decreases in activities such as timber provide for an orderly transition in Generally these include water and land harvest and livestock and crop implementing the rule. management actions of Federal agencies production. The transportation and Regulatory Planning and Review (e.g., USFS, BLM, COE, BOR, the FHA, utilities sectors may need to modify the NRCS, National Park Service (NPS), placement of culverts, bridges and In accordance with E.O. 12866, this Bureau of Indian Affairs (BIA), and the utility conveyances (e.g., water, sewer document is a significant rule and has Federal Energy Regulatory Commission and power lines) to avoid barriers to fish been reviewed by the OMB. As noted (FERC)) and related or similar actions of migration. Developments occurring in or above, we have prepared several reports other Federally regulated projects and near salmon streams (e.g., marinas, to support the exclusion process under lands, including livestock grazing residential, or industrial facilities) that section 4(b)(2) of the ESA. The allotments by the USFS and BLM; require Federal authorization or funding economic costs of the critical habitat hydropower sites licensed by the FERC; may need to be altered or built in a designations are described in our dams built or operated by the COE or manner that ensures that critical habitat economic report (NMFS, 2005d). The BOR; timber sales and other vegetation is not destroyed or adversely modified benefits of the designations are management activities conducted by the as a result of the construction, or described in the CHART report (NMFS, USFS, BLM, and BIA; irrigation subsequent operation, of the facility. 2005a) and the 4(b)(2) report (NMFS, diversions authorized by the USFS and These are just a few examples of 2005c). The CHART report uses a BLM; road building and maintenance potential impacts, but it is clear that the biologically-based ranking system for activities authorized by the FHA, USFS, effects will encompass numerous gauging the benefits of applying section BLM, NPS, and BIA; and mining and sectors of private and public activities. 7 of the ESA to particular watersheds. road building/maintenance activities If you have questions regarding whether Because data are not available to express authorized by the states of Washington, specific activities will constitute these benefits in monetary terms, we Oregon, and Idaho. Other actions of destruction or adverse modification of have adopted a cost-effectiveness concern include dredge and fill, mining, critical habitat, contact NMFS (see framework, as outlined in the 4(b)(2) diking, and bank stabilization activities ADDRESSES and FOR FURTHER report (NMFS, 2005c). This approach is authorized or conducted by the COE, INFORMATION CONTACT). in accord with OMB’s guidance on habitat modifications authorized by the regulatory analysis (U.S. Office of FEMA, and approval of water quality VIII. Required Determinations Management and Budget. Circular A–4, standards and pesticide labeling and use Administrative Procedure Act Regulatory Analysis, September 17, restrictions administered by the EPA. 2003). By taking this approach, we seek The Federal agencies that will most This rulemaking covers over 20,000 to designate sufficient critical habitat to likely be affected by this critical habitat miles of streams across three states. meet the biological goal of the ESA designation include the USFS, BLM, Unlike the previous critical habitat while imposing the least burden on BOR, COE, FHA, NRCS, NPS, BIA, society, as called for by E.O. 12866. FEMA, EPA, and the FERC. This designations it contains several In assessing the overall cost of critical designation will provide these agencies, thousand geographic points identifying habitat designation for the 12 salmon private entities, and the public with the extent of the designations. The and steelhead ESUs addressed in this clear notification of critical habitat proposed rule generated substantial rule, the annual total impact figures designated for listed salmonids and the public interest. In addition to comments boundaries of the habitat. This received during four public hearings we given in the final economic analysis designation will also assist these received a total of 5,230 written (NMFS, 2005d) cannot be added agencies and others in evaluating the comments (5,111 of these in the form of together to obtain an aggregate annual potential effects of their activities on email with nearly identical language). impact. Because some watersheds are listed salmon and their critical habitat Many commenters expressed concerns included in more than one ESU, a and in determining if ESA section 7 about how the rule would be simple summation would entail consultation with NMFS is needed. implemented. Additionally, our duplication, resulting in an As noted above, numerous private experience in implementing the 2000 overestimate. Accounting for this entities also may be affected by this critical habitat designations suggests duplication, the aggregate annual critical habitat designation because of that the Administrative Procedure Act coextensive economic impact of the 12 the direct and indirect linkages to an (APA) and critical habitat regulations’ critical habitat designations is $201.7 array of Federal actions, including minimum 30-day delay in effective date million (in contrast to a $243.6 million Federal projects, permits, and funding. nor the 60-day delay required by the aggregate annual economic impact from For example, private entities may Congressional Review Act for a ‘‘major designating all areas considered in the harvest timber or graze livestock on rule’’ such as this are sufficient for this 4(b)(2) process for these ESUs). These Federal land or have special use permits rule. In view of the geographic scope of amounts include impacts that are to convey water or build access roads this rule, our prior experience with a coextensive with the implementation of across Federal land; they may require rule of this scope, the current level of the jeopardy requirement of section 7 Federal permits to armor stream banks, public interest in this rule, and in order (NMFS, 2005d). construct irrigation withdrawal to provide for efficient administration of In addition, there are approximately facilities, or build or repair docks; they the rule once effective, we are providing $500–700 million in annual costs may obtain water from Federally funded a 120-day delay in effective date. As a related to salmon and steelhead and operated irrigation projects; or they result this rule will be effective on conservation borne by the FCRPS and may apply pesticides that are only January 2, 2006. This will allow us the other major hydropower projects in the available with Federal agency approval. necessary time to provide for outreach Pacific Northwest. The proportion of These activities will need to be analyzed to and interaction with the public, to these costs attributable to ESA section 7 with respect to their potential to destroy minimize confusion and educate the implementation is unknown, but the or adversely modify critical habitat. In public about activities that may be share of incremental costs from critical some cases, proposed activities may affected by the rule, and to work with habitat designation alone is unlikely to require modifications that may result in Federal agencies and applicants to be significant.
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52682 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
Regulatory Flexibility Act (5 U.S.C. 601 from zero to $18.0 million in an enforceable duty upon state, local, et seq.) compliance costs, depending on the tribal governments, or the private sector Under the Regulatory Flexibility Act ESU, due to the exclusions made in and includes both ‘‘Federal (5 U.S.C. 601 et seq., as amended by the these final designations. intergovernmental mandates’’ and Small Business Regulatory Enforcement As noted above, we will continue to ‘‘Federal private sector mandates.’’ Fairness Act (SBREFA) of 1996), study alternative approaches in future These terms are defined in 2 U.S.C. whenever an agency is required to rulemakings designating critical habitat. 658(5)–(7). ‘‘Federal intergovernmental publish a notice of rulemaking for any As part of that assessment, we will mandate’’ includes a regulation that proposed or final rule, it must prepare examine alternative methods for ‘‘would impose an enforceable duty and make available for public comment analyzing the economic impacts of upon State, local, or tribal governments’’ a regulatory flexibility analysis that designation on small business entities, with two exceptions. It excludes ‘‘a describes the effects of the rule on small which will inform our Regulatory condition of Federal assistance.’’ It also entities (i.e., small businesses, small Flexibility Analysis as well as our excludes ‘‘a duty arising from organizations, and small government analysis under section 4(b)(2) of the participation in a voluntary Federal jurisdictions). We have prepared a final ESA. program,’’ unless the regulation ‘‘relates regulatory flexibility analysis, and this E.O. 13211 to a then-existing Federal program document is available upon request (see On May 18, 2001, the President issued under which $500,000,000 or more is ADDRESSES). This analysis estimates that an Executive Order (E.O.) on regulations provided annually to State, local, and the number of regulated small entities that significantly affect energy supply, tribal governments under entitlement potentially affected by this rulemaking distribution, and use. E.O. 13211 authority,’’ if the provision would ranges from zero to 2,945 depending on requires agencies to prepare Statements ‘‘increase the stringency of conditions of the ESU. The estimated coextensive of Energy Effects when undertaking assistance’’ or ‘‘place caps upon, or costs of section 7 consultation incurred certain actions. This rule may be a otherwise decrease, the Federal by small entities is estimated to range significant regulatory action under E.O. Government’s responsibility to provide from $2,375 to $59.4 million depending 12866. We have determined, however, funding’’ and the state, local, or tribal on the ESU. As described in the that the energy effects of the regulatory governments ‘‘lack authority’’ to adjust analysis, we considered various action are unlikely to exceed the energy accordingly. (At the time of enactment, alternatives for designating critical impact thresholds identified in E.O. these entitlement programs were: habitat for these 12 ESUs. We 13211. Medicaid; Aid to Families with considered and rejected the alternative In the final rule we note that nine of Dependent Children work programs; of not designating critical habitat for any the ESUs addressed in these critical Child Nutrition; Food Stamps; Social of the ESUs because such an approach habitat designations occupy the Services Block Grants; Vocational did not meet the legal requirements of Columbia River and four of these Rehabilitation State Grants; Foster Care, the ESA. We also examined and rejected migrate through one or more of the Adoption Assistance, and Independent an alternative in which all the potential hydropower dams comprising the Living; Family Support Welfare critical habitat of the 12 salmon and FCRPS, as well as through other major Services; and Child Support steelhead ESUs is designated (i.e., no hydropower projects on the Columbia Enforcement.) ‘‘Federal private sector areas are excluded) because many of the River. While the annual impacts of mandate’’ includes a regulation that areas considered to have a low salmon and steelhead conservation ‘‘would impose an enforceable duty conservation value also had relatively measures on these projects is in the upon the private sector, except (i) a high economic impacts that might be range of $500–700 million, the proper condition of Federal assistance; or (ii) a mitigated by excluding those areas from focus under E.O. 13211 is on the duty arising from participation in a designation. A third alternative we incremental impacts of critical habitat voluntary Federal program.’’ The examined and rejected would exclude designation. The available data do not designation of critical habitat does not all habitat areas with a low or medium allow us to separate precisely these impose a legally binding duty on non- conservation value. While this incremental impacts from the impacts of Federal government entities or private alternative furthers the goal of reducing all conservation measures on energy parties. Under the ESA, the only economic impacts, we could not make production and costs. There is historical regulatory effect is that Federal agencies a determination that the benefits of evidence, however, that the ESA section must ensure that their actions do not excluding all habitat areas with low and 7 jeopardy standard alone is capable of destroy or adversely modify critical medium conservation value outweighed imposing all of these costs (NMFS, habitat under section 7. While non- the benefits of designation. Moreover, 2005h). While this evidence is indirect, Federal entities who receive Federal for some habitat areas the incremental it is sufficient to draw the conclusion funding, assistance, permits or economic benefit from excluding that that the designation of critical habitat otherwise require approval or area is relatively small. Therefore, after for the 12 West Coast salmon and authorization from a Federal agency for considering these alternatives in the steelhead ESUs does not significantly an action may be indirectly impacted by context of the section 4(b)(2) process of affect energy supply, distribution, or the designation of critical habitat, the weighing benefits of exclusion against use. legally binding duty to avoid benefits of designation, we determined destruction or adverse modification of that the current approach to designation Unfunded Mandates Reform Act (2 critical habitat rests squarely on the (i.e., designating some but not all areas U.S.C. 1501 et seq.) Federal agency. Furthermore, to the with low or medium conservation In accordance with the Unfunded extent that non-Federal entities are value) provides an appropriate balance Mandates Reform Act, we make the indirectly impacted because they of conservation and economic following findings: receive Federal assistance or participate mitigation and that excluding the areas (a) This final rule will not produce a in a voluntary Federal aid program, the identified in this rulemaking would not Federal mandate. In general, a Federal Unfunded Mandates Reform Act would result in extinction of the ESUs. It is mandate is a provision in legislation, not apply; nor would critical habitat estimated that small entities will save statute or regulation that would impose shift the costs of the large entitlement
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52683
programs listed above to state by-case section 7 consultations to or the exercise of tribal rights. Critical governments. occur). habitat shall not be designated in such (b) Due to current public knowledge areas unless it is determined essential to Civil Justice Reform of salmon protection and the conserve a listed species.’’ Pursuant to prohibition against take of these species One commenter asserted that we the Secretarial Order and in response to both within and outside of the failed to properly conduct and provide written and verbal comments provided designated areas, we do not anticipate a Civil Justice Reform analysis pursuant by various tribes in Washington, that this final rule will significantly or to E.O. 12988, the Department of Oregon, and Idaho, we met and uniquely affect small governments. As Commerce has determined that this corresponded with many of the affected such, a Small Government Agency Plan final rule does not unduly burden the tribes concerning the inclusion of is not required. judicial system and meets the Indian lands in final critical habitat requirements of sections 3(a) and 3(b)(2) Takings designations. These discussions resulted of the E.O. We are designating critical in significant clarifications regarding the In accordance with E.O. 12630, this habitat in accordance with the tribes’ general position to exclude their final rule does not have significant provisions of the ESA. This final rule lands, as well as specific issues takings implications. A takings uses standard property descriptions and regarding our interpretation of Indian implication assessment is not required. identifies the PCEs within the lands under the Secretarial Order. The designation of critical habitat designated areas to assist the public in As described above (see Exclusions affects only Federal agency actions. This understanding the habitat needs of the Based on Impacts to Tribes) and in our final rule will not increase or decrease 12 salmon and steelhead ESUs. assessment of Indian lands associated the current restrictions on private with this final rulemaking (NMFS, property concerning take of salmon. As Paperwork Reduction Act of 1995 (44 2005g), we have determined that Indian noted above, due to widespread public U.S.C. 3501 et seq.) lands should be excluded from the final knowledge of salmon protection and the This final rule does not contain new critical habitat designations for these 12 prohibition against take of the species or revised information collection for ESUs of salmon and steelhead. The both within and outside of the which OMB approval is required under Indian lands specifically excluded from designated areas, we do not anticipate the Paperwork Reduction Act. This final critical habitat are those defined in the that property values will be affected by rule will not impose recordkeeping or Secretarial Order, including: (1) Lands these critical habitat designations. reporting requirements on state or local held in trust by the United States for the While real estate market values may governments, individuals, businesses, or benefit of any Indian tribe; (2) land held temporarily decline following organizations. An agency may not in trust by the United States for any designation, due to the perception that conduct or sponsor, and a person is not Indian Tribe or individual subject to critical habitat designation may impose required to respond to, a collection of restrictions by the United States against additional regulatory burdens on land information unless it displays a alienation; (3) fee lands, either within or use, we expect any such impacts to be currently valid OMB control number. outside the reservation boundaries, short term (NMFS, 2005d). owned by the tribal government; and (4) National Environmental Policy Act Additionally, critical habitat fee lands within the reservation designation does not preclude We have determined that we need not boundaries owned by individual development of HCPs and issuance of prepare environmental analyses as Indians. We have determined that these incidental take permits. Owners of areas provided for under the NEPA of 1969 exclusions, together with the other that are included in the designated for critical habitat designations made exclusions described in this rule, will critical habitat will continue to have the pursuant to the ESA. See Douglas not result in extinction of the species opportunity to use their property in County v. Babbitt, 48 F.3d 1495 (9th Cir. (NMFS, 2005c). ways consistent with the survival of 1995), cert. denied, 116 S.Ct. 698 (1996). listed salmon. IX. References Cited Government-to-Government A complete list of all references cited Federalism Relationship With Tribes in this rulemaking can be found on our In accordance with E.O. 13132, this As a means of recognizing the website at http://www.nwr.noaa.gov/ final rule does not have significant responsibilities and relationship 1salmon/salmesa/crithab/CHsite.htm Federalism effects. A Federalism between the United States and Indian and is available upon request from the assessment is not required. In keeping tribes, the Secretaries of Commerce and NMFS office in Portland, OR (see with Department of Commerce policies, Interior issued the June 5, 1997, ADDRESSES section). we requested information from, and Secretarial Order entitled ‘‘American List of Subjects in 50 CFR Part 226 coordinated development of, this Indian Tribal Rights, Federal-Tribal critical habitat designation with Trust Responsibilities, and the Endangered and threatened species. appropriate state resource agencies in Endangered Species Act’’ (Secretarial Dated: August 12, 2005. Washington, Oregon, and Idaho. These Order). The Secretarial Order clarifies William T. Hogarth, designations may have some benefit to the responsibilities of NMFS and the Assistant Administrator for Fisheries, the states and local resource agencies in USFWS when carrying out authorities National Marine Fisheries Service. that the areas essential to the under the ESA and requires that they I For the reasons set out in the conservation of the species are more consult with, and seek participation of, preamble, we amend part 226, title 50 clearly defined, and the PCEs of the the affected Indian tribes to the of the Code of Federal Regulations as set habitat necessary to the survival of the maximum extent practicable. The forth below: species are specifically identified. While Secretarial Order further provides that making these clarifications does not the Services * * * ‘‘shall consult with PART 226–[AMENDED] alter where and what Federally the affected Indian tribe(s) when sponsored activities may occur, it may considering the designation of critical I 1. The authority citation of part 226 assist local governments in long-range habitat in an area that may impact tribal continues to read as follows: planning (rather than waiting for case- trust resources, tribally owned fee lands, Authority: 16 U.S.C. 1533.
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52684 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
I 2. Add § 226.212 to read as follows: paragraph (a) of this section, and as provided at the end of each ESU further described in paragraphs (b) description (paragraphs (i) through (t) of § 226.212 Critical habitat for 12 through (g) of this section. The textual this section) and are provided for Evolutionarily Significant Units (ESUs) of descriptions of critical habitat for each general guidance purposes only, and not salmon and steelhead (Oncorhynchus spp.) in Washington, Oregon and Idaho. ESU are included in paragraphs (i) as a definitive source for determining through (t) of this section, and these critical habitat boundaries. Critical habitat is designated in the descriptions are the definitive source for (a) Critical habitat is designated for following states and counties for the determining the critical habitat the following ESUs in the following following ESUs as described in boundaries. General location maps are states and counties:
ESU State—Counties
(1) Puget Sound chinook salmon ...... WA—Clallam, Jefferson, King, Mason, Pierce, Skagit, Snohomish, Thurston, and Whatcom. (2) Lower Columbia River chinook salmon ...... (i) OR—Clackamas, Clatsop, Columbia, Hood River, and Multnomah. (ii) WA—Clark, Cowlitz, Klickitat, Lewis, Pacific, Skamania, and Wahkiakum. (3) Upper Willamette River chinook salmon ...... (i) OR—Benton, Clackamas, Clatsop, Columbia, Lane, Linn, Marion, Multnomah, Polk, and Yamhill. (ii) WA—Clark, Cowlitz, Pacific, and Wahkiakum. (4) Upper Columbia River spring-run chinook salmon ...... (i) OR—Clatsop, Columbia, Gilliam, Hood River, Morrow, Multnomah, Sherman, Umatilla, and Wasco. (ii) WA—Benton, Chelan, Clark, Cowlitz, Douglas, Franklin, Grant, Kittitas, Klickitat, Okanogan, Pacific, Skamania, Wahkiakum, Walla Walla, and Yakima. (5) Hood Canal summer-run chum salmon ...... WA—Clallam, Jefferson, Kitsap, and Mason. (6) Columbia River chum salmon ...... (i) OR—Clatsop, Columbia, Hood River, and Multnomah. (ii) WA—Clark, Cowlitz, Klickitat, Lewis, Pacific, Skamania, and Wahkiakum. (7) Ozette Lake sockeye salmon ...... WA—Clallam. (8) Upper Columbia River steelhead ...... (i) OR—Clatsop, Columbia, Gilliam, Hood River, Morrow, Multnomah, Umatilla, and Wasco. (ii) WA—Adams, Benton, Chelan, Clark, Cowlitz, Douglas, Franklin, Grant, Kittitas, Klickitat, Okanogan, Pacific, Skamania, Wahkiakum, Walla Walla, and Yakima. (9) Snake River Basin steelhead ...... (i) ID—Adams, Blaine, Clearwater, Custer, Idaho, Latah, Lemhi, Lewis, Nez Perce, and Valley. (ii) OR—Clatsop, Columbia, Gilliam, Hood River, Morrow, Multnomah, Sherman, Umatilla, Union, Wallowa, and Wasco. (iii) WA—Asotin, Benton, Clark, Columbia, Cowlitz, Franklin, Garfield, Klickitat, Pacific, Skamania, Walla Walla, Wahkiakum, and Whitman. (10) Middle Columbia River steelhead ...... (i) OR—Clatsop, Columbia, Crook, Gilliam, Grant, Hood River, Jeffer- son, Morrow, Multnomah, Sherman, Umatilla, Union, Wallowa, Wasco, and Wheeler. (ii) WA—Benton, Clark, Cowlitz, Columbia, Franklin, King, Kittitas, Klickitat, Lewis, Pacific, Pierce, Skamania, Wahkiakum, Walla Walla, and Yakima. (11) Lower Columbia River steelhead ...... (i) OR—Clackamas, Clatsop, Columbia, Hood River, Marion, and Mult- nomah. (ii) WA—Clark, Cowlitz, Klickitat, Lewis, Pacific, Skamania, and Wahkiakum. (12) Upper Willamette River steelhead ...... (i) OR—Benton, Clackamas, Clatsop, Columbia, Linn, Marion, Mult- nomah, Polk, Tillamook, Washington, and Yamhill. (ii) WA—Clark, Cowlitz, Pacific, and Wahkiakum.
(b) Critical habitat boundaries. the water body as displayed on standard support one or more life stages, Critical habitat includes the stream 1:24,000 scale topographic maps or the including: channels within the designated stream elevation of ordinary high water, (1) Freshwater spawning sites with reaches, and includes a lateral extent as whichever is greater. In estuarine and water quantity and quality conditions defined by the ordinary high-water line nearshore marine areas critical habitat and substrate supporting spawning, (33 CFR 319.11). In areas where includes areas contiguous with the incubation and larval development; ordinary high-water line has not been shoreline from the line of extreme high (2) Freshwater rearing sites with: defined, the lateral extent will be water out to a depth no greater than 30 (i) Water quantity and floodplain defined by the bankfull elevation. meters relative to mean lower low connectivity to form and maintain Bankfull elevation is the level at which water. physical habitat conditions and support water begins to leave the channel and (c) Primary constituent elements. juvenile growth and mobility; move into the floodplain and is reached Within these areas, the primary (ii) Water quality and forage at a discharge which generally has a constituent elements essential for the supporting juvenile development; and recurrence interval of 1 to 2 years on the conservation of these ESUs are those (iii) Natural cover such as shade, annual flood series. Critical habitat in submerged and overhanging large wood, sites and habitat components that lake areas is defined by the perimeter of log jams and beaver dams, aquatic
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52685
vegetation, large rocks and boulders, the line of extreme high tide down to (1) Nooksack Subbasin 17110004—(i) side channels, and undercut banks. the line of mean lower low water. The Upper North Fork Nooksack River (3) Freshwater migration corridors specific sites addressed include: Watershed 1711000401. Outlet(s) = free of obstruction and excessive (1) Naval Submarine Base, Bangor; North Fork Nooksack River (Lat predation with water quantity and (2) Naval Undersea Warfare Center, 48.9055, Long –121.9886) upstream to quality conditions and natural cover Keyport; endpoint(s) in: Boyd Creek (48.8998, such as submerged and overhanging (3) Naval Ordnance Center, Port –121.8640); Canyon Creek (48.9366, large wood, aquatic vegetation, large Hadlock (Indian Island); –121.9451); Cascade Creek (48.8996, rocks and boulders, side channels, and (4) Naval Radio Station, Jim Creek; –121.8621); Cornell Creek (48.8882, undercut banks supporting juvenile and (5) Naval Fuel Depot, Manchester; –121.9594); Deadhorse Creek (48.9024, adult mobility and survival; (6) Naval Air Station Whidbey Island; –121.8359); Gallop Creek (48.8849, (4) Estuarine areas free of obstruction (7) Naval Air Station, Everett; –121.9447); Glacier Creek (48.8197, and excessive predation with: (8) Bremerton Naval Hospital; –121.8931); Hedrick Creek (48.8953, (i) Water quality, water quantity, and (9) Fort Lewis (Army); –121.9705); Thompson Creek (48.8837, salinity conditions supporting juvenile (10) Pier 23 (Army); –121.9028); Wells Creek (48.8940, and adult physiological transitions (11) Yakima Training Center (Army); –121.7976). between fresh- and saltwater; (12) Puget Sound Naval Shipyard; (ii) Middle Fork Nooksack River (ii) Natural cover such as submerged (13) Naval Submarine Base Bangor Watershed 1711000402. Outlet(s) = and overhanging large wood, aquatic security zone; Middle Fork Nooksack River (Lat vegetation, large rocks and boulders, (14) Strait of Juan de Fuca naval air- 48.8342, Long –122.1540) upstream to side channels; and to-surface weapon range, restricted area; endpoint(s) in: Canyon Creek (48.8374, (iii) Juvenile and adult forage, (15) Hood Canal and Dabob Bay naval –122.1198); Clearwater Creek (48.7841, including aquatic invertebrates and non-explosive torpedo testing area; –122.0293); Middle Fork Nooksack fishes, supporting growth and (16) Strait of Juan de Fuca and River (48.7249, –121.8999); Porter Creek maturation. Whidbey Island naval restricted areas; (48.7951, –122.1098); Sister Creek (5) Nearshore marine areas free of (17) Admiralty Inlet naval restricted (48.7492, –121.9736); Unnamed obstruction and excessive predation area; (48.7809, –122.1157); Unnamed with: (18) Port Gardner Naval Base (48.7860, –122.1214); Warm Creek (i) Water quality and quantity restricted area; (48.7559, –121.9741). conditions and forage, including aquatic (19) Hood Canal naval restricted (iii) South Fork Nooksack River invertebrates and fishes, supporting areas; Watershed 1711000403. Outlet(s) = growth and maturation; and (20) Port Orchard Passage naval South Fork Nooksack River (Lat (ii) Natural cover such as submerged restricted area; 48.8095, Long –122.2026) upstream to and overhanging large wood, aquatic (21) Sinclair Inlet naval restricted endpoint(s) in: Black Slough (48.7715, vegetation, large rocks and boulders, areas; –122.1931); Cavanaugh Creek (48.6446, and side channels. (22) Carr Inlet naval restricted areas; –122.1094); Deer Creek (48.6041, (6) Offshore marine areas with water (23) Dabob Bay/Whitney Point naval –122.0912); Edfro Creek (48.6607, quality conditions and forage, including restricted area; and –122.1206); Fobes Creek (48.6230, aquatic invertebrates and fishes, (24) Port Townsend/Indian Island/ –122.1139); Hard Scrabble Falls Creek supporting growth and maturation. Walan Point naval restricted area. (48.7601, –122.2273); Howard Creek (d) Exclusion of Indian lands. Critical (f) Land subject to the Washington (48.6118, –121.9639); Hutchinson Creek habitat does not include habitat areas on Department of Natural Resources (48.7056, –122.1663); Jones Creek Indian lands. The Indian lands Habitat Conservation Plan. Critical (48.7186, –122.2130); McCarty Creek specifically excluded from critical habitat is excluded on lands covered by (48.7275, –122.2188); Plumbago Creek habitat are those defined in the the incidental take permit issued by (48.6088, –122.0949); Pond Creek Secretarial Order, including: NMFS under section 10(a)(1)(B) of the (48.6958, –122.1651); Skookum Creek (1) Lands held in trust by the United ESA to the Washington Department of (48.6871, –122.1029); South Fork States for the benefit of any Indian tribe; Natural Resources. Nooksack River (48.6133, –121.9000); (2) Land held in trust by the United (g) Land subject to the Green Standard Creek (48.7444, –122.2191); States for any Indian Tribe or individual Diamond Company Habitat Sygitowicz Creek (48.7722, –122.2269); subject to restrictions by the United Conservation Plan. Critical habitat is Unnamed (48.6048, –121.9143); States against alienation; excluded on lands covered by the Unnamed (48.6213, –122.1039); (3) Fee lands, either within or outside incidental take permit issued by NMFS Unnamed (48.7174, –122.1815); the reservation boundaries, owned by under section 10(a)(1)(B) of the ESA to Unnamed (48.7231, –122.1968); the tribal government; and the Green Diamond Resources Company Unnamed (48.7843, –122.2188). (4) Fee lands within the reservation (formerly Simpson Timber Company). (iv) Lower North Fork Nooksack River boundaries owned by individual (h) Land subject to the West Fork Watershed 1711000404. Outlet(s) = Indians. Timber Company Habitat Conservation Nooksack River (Lat 48.8711, Long (e) Land owned or controlled by the Plan. Critical habitat is excluded on –122.3227) upstream to endpoint(s) in: Department of Defense. Critical habitat lands covered by the incidental take Anderson Creek (48.8088, –122.3410); does not include any areas subject to an permit issued by NMFS under section Boulder Creek (48.9314, –122.0258); approved Integrated Natural Resource 10(a)(1)(B) of the ESA to the West Fork Coal Creek (48.8889, –122.1506); Management Plan or associated with Timber Company (formerly Murray Kendall Creek (48.9251, –122.1455); Department of Defense easements or Pacific Corporation). Kenney Creek (48.8510, –122.1368); right-of-ways. In areas within Navy (i) Puget Sound Chinook Salmon Macaulay Creek (48.8353, –122.2345); security zones identified at 33 CFR 334 (Oncorhynchus tshawytscha). Critical Maple Creek (48.9262, –122.0751); that are outside the areas described habitat is designated to include the Mitchell Creek (48.8313, –122.2174); above, critical habitat is only designated areas defined in the following North Fork Nooksack River (48.9055, within a narrow nearshore zone from subbasins: –121.9886); Racehorse Creek (48.8819,
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52686 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
–122.1272); Smith Creek (48.8439, (3) Sauk Subbasin 17110006—(i) Skagit River (48.2920, –122.3670); –122.2544); Unnamed (48.8103, Upper Sauk River Watershed Unnamed (48.3085, –122.3868); –122.1855); Unnamed (48.9002, 1711000601. Outlet(s) = Sauk River (Lat Unnamed (48.3831, –122.4842) –122.1205); Unnamed (48.9040, 48.1731, Long –121.4714) upstream to upstream to endpoint(s) in: Britt Slough –122.0875); Unnamed (48.9131, endpoint(s) in: Camp Creek (48.1559, (48.3935, –122.3571); Browns Slough –122.0127); Unnamed (48.9158, –121.2909); North Fork Sauk River (48.3411, –122.4127); East Fork –122.0091); Unnamed (48.9162, (48.0962, –121.3710); Owl Creek Nookachamps Creek (48.4044, –122.0615); Unnamed (48.9200, (48.1623, –121.2948); South Fork Sauk –122.1790); Hall Slough (48.3437, –122.0463); Wildcat Creek (48.9058, River (48.0670, –121.4088); Swift Creek –122.4376); Mundt Creek (48.4249, –121.9995); Deer Creek (48.8439, (48.1011, –121.3975); Unnamed –122.2007); Skagit River (48.4891, –122.4839). (48.1653, –121.3288); White Chuck –122.2178); Unnamed (48.3703, (v) Nooksack River Watershed River (48.1528, –121.2645). –122.3081); Unnamed (48.3827, 1711000405. Outlet(s) = Lummi River (ii) Upper Suiattle River Watershed –122.1893); Unnamed (48.3924, (Lat 48.8010, Long –122.6582); 1711000602. Outlet(s) = Suiattle River –122.4822); Walker Creek (48.3778, Nooksack River (48.7737, –122.5986); (Lat 48.2586, Long –121.2237) upstream –122.1899). Silver Creek (48.7786, –122.5635); Slater to endpoint(s) in: Downey Creek (5) Stillaguamish Subbasin Slough (48.7759, –122.6029); Unnamed (48.2828, –121.2083); Milk Creek 17110008—(i) North Fork Stillaguamish (48.7776, –122.5708); Unnamed (48.2207, –121.1634); Suiattle River River Watershed 1711000801. Outlet(s) (48.7786, –122.5677); Unnamed (48.2211, –121.1609); Sulphur Creek = North Fork Stillaguamish River (Lat (48.7973, –122.6717); Unnamed (48.2560, –121.1773); Unnamed 48.2037, Long –122.1256) upstream to (48.8033, –122.6771) upstream to (48.2338, –121.1792). endpoint(s) in: Ashton Creek (48.2545, endpoint(s) in: Fishtrap Creek (49.0025, (iii) Lower Suiattle River Watershed –121.6708); Boulder River (48.2624, –122.4053); Fourmile Creek (48.8890, 1711000603. Outlet(s) = Suiattle River –121.8090); Deer Creek (48.2835, –122.4213); Lummi River (48.8198, (Lat 48.3384, Long –121.5482) upstream –121.9255); French Creek (48.2534, –122.6049); Nooksack River (48.8711, to endpoint(s) in: Big Creek (48.3435, –121.7856); Furland Creek (48.2624, –122.3227); Pepin Creek (49.0024, –121.4416); Buck Creek (48.2753, –121.6749); Grant Creek (48.2873, –122.4724); Slater Slough (48.7778, –121.3268); Circle Creek (48.2555, –122.0118); North Fork Stillaguamish –121.3395); Lime Creek (48.2445, –122.6041); Tenmile Creek (48.8457, River (48.3041, –121.6360); Rollins –121.2933); Straight Creek (48.2594;– –122.3661); Unnamed (48.8191, Creek (48.2908, –121.8441); Squire 121.4009); Suiattle River (48.2586, –122.5705); Unnamed (48.8453, Creek (48.2389, –121.6374); Unnamed –121.2237); Tenas Creek (48.3371, –122.6071); Unnamed (48.8548, (48.2393, –121.6285); Unnamed –121.4304). –122.4749); Unnamed (48.9609, (48.2739, –121.9948). (iv) Lower Sauk River Watershed (ii) South Fork Stillaguamish River –122.5312); Unnamed (48.9634, 1711000604. Outlet(s) = Sauk River (Lat Watershed 1711000802. Outlet(s) = –122.3928); Unnamed (49.0024, 48.4821, Long –121.6060) upstream to South Fork Stillaguamish River (Lat –122.4730); Unnamed (49.0025, endpoint(s) in: Dan Creek (48.2702, 48.2037, Long –122.1256) upstream to –122.5218). –121.5473); Sauk River (48.1731, endpoint(s) in: Jim Creek (48.2230, (2) Upper Skagit Subbasin –121.4714); Unnamed (48.2247, –121.9483); North Fork Canyon Creek 17110005—(i) Skagit River/Gorge Lake –121.5826); Unnamed (48.3187, (48.1697, –121.8194); Siberia Creek Watershed 1711000504. Outlet(s) = –121.5480). (48.1731, –122.0377); South Fork Skagit River (Lat 48.6725, Long (4) Lower Skagit Subbasin Canyon Creek (48.1540, –121.7840); –121.2633) upstream to endpoint(s) in: 17110007—(i) Middle Skagit River/ South Fork Stillaguamish River Goodell Creek (48.6890, –121.2718); Finney Creek Watershed 1711000701. (48.0454, –121.4819); Unnamed Skagit River (48.6763, –121.2404). Outlet(s) = Skagit River (Lat 48.4891, (48.1463, –122.0162). (ii) Skagit River/Diobsud Creek Long –122.2178) upstream to (iii) Lower Stillaguamish River Watershed 1711000505. Outlet(s) = endpoint(s) in: Alder Creek (48.5280, Waterhed 1711000803. Outlet(s) = Skagit River (Lat 48.5218, Long –121.9498); Day Creek (48.4689, Stillaguamish River (Lat 48.2385, Long –121.4315) upstream to endpoint(s) in: –122.0216); Finney Creek (48.4655, –122.3749); Unnamed (48.1983, Bacon Creek (48.6456, –121.4244); –121.6858); Grandy Creek (48.5510, –122.3579) upstream to endpoint(s) in: Diobsud Creek (48.5761, –121.4309); –121.8621); Hansen Creek (48.5600, Armstrong Creek (48.2189, –122.1347); Falls Creek (48.6334, –121.4258); Skagit –122.2069); Jims Slough (48.5274, Pilchuck Creek (48.2983, –122.1672); River (48.6725, –121.2633). –122.0227); Jones Creek (48.5418, Stillaguamish River (48.2037, (iii) Cascade River Watershed –122.0494); Mannser Creek (48.5260, –122.1256). 1711000506. Outlet(s) = Cascade River –122.0430); Muddy Creek (48.5278, (6) Skykomish Subbasin 17110009— (Lat 48.5218, Long –121.4315) upstream –122.0007); Pressentin Creek (48.5099, (i) Tye and Beckler River Watershed to endpoint(s) in: Found Creek (48.4816, –121.8449); Skagit River (48.5333, 1711000901. Outlet(s) = South Fork –121.2437); Kindy Creek (48.4613, –121.7370); Sorenson Creek (48.4875, Skykomish River (Lat 47.7147, Long –121.2094); Marble Creek (48.5398, –122.1029); Unnamed (48.4887, –121.3393) upstream to endpoint(s) in: –121.2612); North Fork Cascade River –122.0747); Unnamed (48.5312, East Fork Foss River (47.6522, (48.4660, –121.1641); South Fork –122.0149); Wiseman Creek (48.5160, –121.2792); Rapid River (47.8131, Cascade River (48.4592, –121.1494). –122.1286). –121.2470) Tye River (47.7172, (iv) Skagit River/Illabot Creek (ii) Lower Skagit River/Nookachamps –121.2254) Unnamed (47.8241, Watershed 1711000507. Outlet(s) = Creek Watershed 1711000702. Outlet(s) –121.2979); West Fork Foss River Skagit River (Lat 48.5333, Long = Browns Slough (Lat 48.3305, Long (47.6444, –121.2972). –121.7370) upstream to endpoint(s) in: –122.4194); Freshwater Slough (ii) Skykomish River Forks Watershed Illabot Creek (48.4498, –121.4551); (48.3109, –122.3883); Hall Slough 1711000902. Outlet(s) = North Fork Jackman Creek (48.5294, –121.6957); (48.3394, –122.4426); Isohis Slough Skykomish River (Lat 47.8133, Long Skagit River (48.5218, –121.4315); (48.2975, –122.3711); North Fork Skagit –121.5782) upstream to endpoint(s) in: Unnamed (48.5013, –121.6598). River (48.3625, –122.4689); South Fork Bridal Veil Creek (47.7987, –121.5597);
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52687
Lewis Creek (47.8223, –121.5160); (ii) Snohomish River Watershed (47.2303, –121.9518); Unnamed Miller River (47.7018, –121.3950); 1711001102. Outlet(s) = Quilceda Creek (47.2765, –121.9730); Unnamed Money Creek (47.7208, –121.4062); (Lat 48.0556, Long –122.1908); (47.2891, –122.1557); Unnamed North Fork Skykomish River (47.9183, Skykomish River (48.0173, –122.1877); (47.3007, –122.1774); Unnamed –121.3073); South Fork Skykomish Steamboat Slough (48.0365, –122.1814); (47.3250, –122.1961); Unnamed River (47.7147, –121.3393); Unnamed Union Slough (48.0299, –122.1794); (47.3464, –122.2397); Unnamed (47.7321, –121.4176); Unnamed Unnamed (48.0412, –122.1723) (47.3751, –122.2648); Unnamed (47.8002, –121.5548). upstream to endpoint(s) in: Allen Creek (47.4046, –122.2134); Unnamed (iii) Skykomish River/Wallace River (48.0767, –122.1404); Quilceda Creek (47.4525, –122.2354); Unnamed Watershed 1711000903. Outlet(s) = (48.1124, –122.1540); Skykomish River (47.4618, –122.2315); Unnamed Skykomish River (Lat 47.8602, Long– (47.8303, –122.0451); Unnamed (47.4619, –122.2554); Unnamed 121.8190) upstream to endpoint(s) in: (47.9545, –122.1969); Unnamed (47.4876, –122.2781). Deer Creek (47.8191, –121.5805); Olney (47.9777, –122.1632); Unnamed (11) Puyallup Subbasin 17110014—(i) Creek (47.8796, –121.7163); Proctor (48.0019, –122.1283); Unnamed Upper White River Watershed Creek (47.8216, –121.6460); Skykomish (48.0055, –122.1303); Unnamed 1711001401. Outlet(s) = White River River (47.8133, –121.5782); Unnamed (48.1330, –122.1472). (Lat 47.1588, Long –121.6587) upstream (47.8507, –121.8010); Wagleys Creek (9) Lake Washington Subbasin to endpoint(s) in: Greenwater River (47.8674, –121.7972); Wallace River 17110012—(i) Cedar River Watershed (47.1204, –121.5055); Huckleberry Creek (47.8736, –121.6491). 1711001201. Outlet(s) = Cedar River (47.0612, –121.6033); Pinochle Creek (iv) Sultan River Watershed (Lat 47.5003, Long –122.2146) upstream (47.0478, –121.7043); Unnamed 1711000904. Outlet(s) = Sultan River to endpoint(s) in: Cedar River (47.4192, (46.9935, –121.5295); West Fork White (Lat 47.8602, Long –121.8190) upstream –121.7805); Rock Creek (47.3673, River (47.0483, –121.6916); Wrong to endpoint(s) in: Sultan River (47.9598, –122.0132); Unnamed (47.4092, Creek (47.0403, –121.6999). –121.7951). –122.0358); Webster Creek (47.3857, (ii) Lower White River Watershed (v) Skykomish River/Woods Creek –121.9845). 1711001402. Outlet(s) = White River Watershed 1711000905. Outlet(s) = (ii) Lake Washington Watershed (Lat 47.2001, Long –122.2579) upstream Skykomish River (Lat 47.8303, Long 1711001203. Outlet(s) = Lake to endpoint(s) in: Boise Creek (47.1958, –122.0451) upstream to endpoint(s) in: Washington (Lat 47.6654, Long –121.9467); Camp Creek (47.1430, Elwell Creek (47.8038, –121.8524); –122.3960) upstream to endpoint(s) in: –121.7012); Clearwater River (47.0852, Skykomish River (47.8602, –121.8190); Cedar River (47.5003, –122.2146); –121.7823); Unnamed (47.1509, Unnamed (47.8890, –121.8637); West Sammamish River (47.7543, –122.2465). Fork Woods Creek (47.9627, –121.9707); (10) Duwamish Subbasin 17110013— –121.7236); Unnamed (47.2247, Woods Creek (47.8953, –121.8742); (i) Upper Green River Watershed –122.1072); Unnamed (47.2307, Youngs Creek (47.8081, –121.8332). 1711001301. Outlet(s) = Green River –122.1079); Unnamed (47.2383, (7) Snoqualmie Subbasin 17110010— (Lat 47.2234, Long –121.6081) upstream –122.2234); Unnamed (47.2498, (i) Middle Fork Snoqualmie River to endpoint(s) in: Friday Creek (47.2204, –122.2346); White River (47.1588, Watershed 1711001003. Outlet(s) = –121.4559); Intake Creek (47.2058, –121.6587). Snoqualmie River (Lat 47.6407, Long –121.4049); McCain Creek (47.2093, (iii) Carbon River Watershed –121.9261) upstream to endpoint(s) in: –121.5292); Sawmill Creek (47.2086, 1711001403. Outlet(s) = Carbon River Canyon Creek (47.5837, –121.9623); –121.4675); Smay Creek (47.2508, (Lat 47.1308, Long –122.2315) upstream Deep Creek (47.4764, –121.8905); Griffin –121.5872); Snow Creek (47.2607, to endpoint(s) in: Carbon River Creek (47.6164, –121.9014); Lake Creek –121.4046); Sunday Creek (47.2587, (46.9965, –121.9198); South Fork South (47.5036, –121.9035); Patterson Creek –121.3659); Tacoma Creek (47.1875, Prairie Creek (47.1203, –121.9963); (47.6276, –121.9855); Raging River –121.3630); Unnamed (47.2129, Voight Creek (47.0751, –122.1285); (47.4795, –121.8691); Snoqualmie River –121.4579). Wilkeson Creek (47.0972, –122.0245). (47.5415, –121.8362); Tokul Creek (ii) Middle Green River Watershed (iv) Upper Puyallup River Watershed (47.5563, –121.8285). 1711001302. Outlet(s) = Green River 1711001404. Outlet(s) = Puyallup River (ii) Lower Snoqualmie River (Lat 47.2911, Long –121.9714) upstream (Lat 47.1308, Long –122.2315) upstream Watershed 1711001004. Outlet(s) = to endpoint(s) in: Bear Creek (47.2774, to endpoint(s) in: Deer Creek (46.8547, Snoqualmie River (Lat 47.8303, Long –121.7990); Cougar Creek (47.2439, –121.9680); Kapowsin Creek (46.9854, –122.0451) upstream to endpoint(s) in: –121.6442); Eagle Creek (47.3051, –122.2008); Kellog Creek (46.9164, Cherry Creek (47.7465, –121.8953); –121.7219); Gale Creek (47.2644, –122.0652); Mowich River (46.9209, Margaret Creek (47.7547, –121.8933); –121.7085); Green River (47.2234, –121.9739); Rushingwater Creek North Fork Tolt River (47.7060, –121.6081); Piling Creek (47.2820, (46.8971, –121.9439); Unnamed –121.7957); Snoqualmie River (47.6407, –121.7553); Sylvester Creek (47.2457, (46.8867, –122.0194); Unnamed –121.9261); South Fork Tolt River –121.6537); Unnamed (47.2360, (46.8899, –121.9657). (47.6969, –121.7861); Tuck Creek –121.6333). (v) Lower Puyallup River Watershed (47.7442, –122.0032); Unnamed (iii) Lower Green River Watershed 1711001405. Outlet(s) = Hylebos Creek (47.6806, –121.9730); Unnamed 1711001303. Outlet(s) = Duwamish (Lat 47.2611, Long –122.3591); Puyallup (47.6822, –121.9770); Unnamed River (Lat 47.5113, Long –122.2951) River (47.2501, –122.4131) upstream to (47.7420, –122.0084); Unnamed upstream to endpoint(s) in: Big Soos endpoint(s) in: Canyonfalls Creek (47.7522, –121.9745); Unnamed Creek (47.4191, –122.1599); Burns Creek (47.1421, –122.2186); Clarks Creek (47.7581, –121.9586). (47.2779, –122.1087); Covington Creek (47.1757.–122.3168); Clear Creek (8) Snohomish Subbasin 17110011— (47.3341, –122.0399); Crisp Creek (47.2187, –122.3727); Fennel Creek (i) Pilchuck River Watershed (47.2897, –122.0590); Green River (47.1495, –122.1849); Puyallup River 1711001101. Outlet(s) = Pilchuck River (47.2911, –121.9714); Jenkins Creek (47.1308, –122.2315); Unnamed (Lat 47.9013, Long –122.0917) upstream (47.3791, –122.0899); Little Soos Creek (47.1779, –122.1992); Unnamed to endpoint(s) in: Pilchuck River (47.4031, –122.1235); Mill Creek (47.1799, –122.3066); Unnamed (48.0052, –121.7718). (47.3263, –122.2455); Newaukum Creek (47.1928, –122.3371); Unnamed
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52688 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(47.2723, –122.3216); West Hylebos Unnamed (47.3420, –123.1092); River (47.7289, –123.1111); Rocky Brook Creek (47.2736, –122.3289). Unnamed (47.3471, –123.1275); (47.7212, –122.9405); Unnamed (12) Nisqually Subbasin 17110015— Unnamed (47.3509, –123.1101) (47.6886, –122.8977). (i) Mashel/Ohop Watershed upstream to endpoint(s) in: Brown (15) Dungeness/Elwha 17110020—(i) 1711001502. Outlet(s) = Nisqually River Creek (47.4238, –123.3052); Fir Creek Dungeness River Watershed (Lat 46.8646, Long –122.4776) upstream (47.3363, –123.3016); McTaggert Creek 1711002003. Outlet(s) = Dungeness to endpoint(s) in: Little Mashel River (47.3749, –123.2318); North Fork River (Lat 48.1506, Long –123.1311); (46.8504, –122.2724); Lynch Creek Skokomish River (47.5197, –123.3329); Unnamed (48.1537, –123.1267) (46.8760, –122.2625); Mashel River Purdy Canyon (47.3021, –123.1803); upstream to endpoint(s) in: Dungeness (46.8431, –122.1205); Nisqually River Unnamed (47.3048, –123.1528); River (47.9386, –123.0885); Gray Wolf (46.8303, –122.3225); Ohop Creek Unnamed (47.3077, –123.2012); River (47.9168, –123.2409); Matriotti (46.9264, –122.2603); Powell Creek Unnamed (47.3146, –123.1353); Creek (48.1368, –123.1428); Unnamed (46.8528, –122.4505); Tanwax Creek Unnamed (47.3209, –123.2212); (48.1514, –123.1216). (46.8630, –122.4549); Twentyfive Mile Unnamed (47.3222, –123.3060); Creek (46.9274, –122.2558). Unnamed (47.3237, –123.1467); (ii) Elwha River Watershed (ii) Lowland Watershed 1711001503. Unnamed (47.3250, –123.1250); Vance 1711002007. Outlet(s) = Elwha River Outlet(s) = McAllister Creek (Lat Creek (47.3300, –123.3137); Weaver (Lat 48.1466, Long –123.5671); 47.1120, Long –122.7215); Nisqually Creek (47.3097, –123.2384). Unnamed (48.1483, –123.5599) River (47.1110, –122.7026); Unnamed (14) Hood Canal Subbasin 17110018— upstream to endpoint(s) in: Elwha River (47.0071, –122.6556); Yelm Creek (i) Hamma Hamma River Watershed (48.0927, –123.5614). (46.9712, –122.6263) upstream to 1711001803. Outlet(s) = Hamma Hamma (16) Nearshore Marine Areas—Except endpoint(s) in: Horn Creek (46.9042, River (Lat 47.5471, Long –123.0440) as provided in paragraph (e) of this –122.4776); McAllister Creek (47.0299, upstream to endpoint(s) in: Hamma section, critical habitat includes all –122.7236); Nisqually River (46.8646, Hamma River (47.5590, –123.0632); nearshore marine areas (including areas –122.4776); Unnamed (46.9108, North Fork John Creek (47.5442, adjacent to islands) of the Strait of –122.5032); Unnamed (47.0001, –123.0696) Georgia (south of the international –122.6510); Unnamed (47.0055, (ii) Duckabush River Watershed border), Puget Sound, Hood Canal, and –122.6520); Yelm Creek (46.9629, 1711001804. Outlet(s) = Duckabush the Strait of Juan de Fuca (to the –122.6194). Excluded is that segment of River (Lat 47.6502, Long –122.9348) western end of the Elwha River delta) the Nisqually River from Lat 47.0703, upstream to endpoint(s) in: Duckabush from the line of extreme high tide out Long –122.7017, to Lat 46.9668, Long River (47.6825, –123.0675). to a depth of 30 meters. –122.5640. (iii) Dosewallips River Watershed (13) Skokomish Subbasin 17110017— 1711001805. Outlet(s) = Dosewallips (17) Maps of critical habitat for the Skokomish River Watershed River (Lat 47.6881, Long –122.8945); Puget Sound chinook salmon ESU 1711001701. Outlet(s) = Skokomish Unnamed (47.6857, –122.8967) follow: River (Lat 47.3543, Long –123.1122); upstream to endpoint(s) in: Dosewallips BILLING CODE 3510–22–P
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52689
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.069 52690 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.070 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52691
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.071 52692 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.072 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52693
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.073 52694 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.074 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52695
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.075 52696 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.076 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52697
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.077 52698 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.078 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52699
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00071 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.079 52700 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.080 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52701
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00073 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.081 52702 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00074 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.082 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52703
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00075 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.083 52704 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00076 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.084 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52705
BILLING CODE 3510–22–C
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00077 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.085 52706 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(j) Lower Columbia River Chinook Unnamed (45.6674, –121.8487); McCord Creek (45.6115, –121.9929); Salmon (Oncorhynchus tshawytscha). Unnamed (45.6689, –121.8444); Moffett Creek (45.6185, –121.9662); Critical habitat is designated to include Unnamed (45.6762, –121.9350); Multnomah Creek (45.5761, –122.1143), the areas defined in the following Unnamed (45.6902, –121.9034); Oneonta Creek (45.5821, –122.0718); subbasins: Unnamed (45.6948, –121.9424). Tanner Creek (45.6264, –121.9522); (1) Middle Columbia/Hood Subbasin (2) Lower Columbia/Sandy Subbasin Turnaft Creek (45.6101, –122.0284); 17070105—(i) East Fork Hood River 17080001—(i) Salmon River Watershed Unnamed (45.5421, –122.2624); Watershed 1707010506. Outlet(s) = 1708000101. Outlet(s) = Salmon River Unnamed (45.5488, –122.3504); Hood River (Lat 45.6050, Long (Lat 45.3768, Long –122.0293) upstream Unnamed (45.6025, –122.0443); –121.6323) upstream to endpoint(s) in: to endpoint(s) in: Cheeney Creek Unnamed (45.6055, –122.0392); Dog River (45.4655, –121.5656); East (45.3104, –121.9561); Copper Creek Unnamed (45.6083, –122.0329); Fork Hood River (45.4665, –121.5669); (45.2508, –121.9053); Salmon River Unnamed (45.6118, –122.0216); Pinnacle Creek (45.4595, –121.6568); (45.2511, –121.9025); South Fork Unnamed (45.6124, –122.0172); Tony Creek (45.5435, –121.6411). Salmon River (45.2606, –121.9474); Unnamed (45.6133, –122.0055); (ii) West Fork Hood River Watershed Unnamed (45.3434, –121.9920). Wahkeena Creek (45.5755, –122.1266); 1707010507. Outlet(s) = West Fork (ii) Zigzag River Watershed Young Creek (45.5480, –122.1997). Hood River (Lat 45.6050, Long 1708000102. Outlet(s) = Zigzag River (viii) Lower Sandy River Watershed –121.6323) upstream to endpoint(s) in: (Lat 45.3489, Long –121.9442) upstream 1708000108. Outlet(s) = Sandy River Divers Creek (45.5457, –121.7447); Elk to endpoint(s) in: Henry Creek (45.3328, (Lat 45.5680, Long –122.4023) upstream Creek (45.4277, –121.7889); Indian –121.9110); Still Creek (45.2755, to endpoint(s) in: Beaver Creek Creek (45.5375, –121.7857); Jones Creek –121.8413); Unnamed (45.3019, (45.5258, –122.3822); Gordon Creek (45.4629, –121.7942); Lake Branch –121.8202); Zigzag River (45.3092, (45.4915, –122.2423); Sandy River (45.5083, –121.8485); McGee Creek –121.8642). (45.4464, –122.2459); Trout Creek (45.4179, –121.7675); No Name Creek (iii) Upper Sandy River Watershed (45.4844, –122.2785); Unnamed (45.5347, –121.7929); Red Hill Creek 1708000103. Outlet(s) = Sandy River (45.5542, –122.3768); Unnamed (45.4720, –121.7705), Unnamed (Lat 45.3489, Long –121.9442) upstream (45.5600, –122.3650). (45.5502, –121.7014). to endpoint(s) in: Clear Creek (45.3712, (3) Lewis Subbasin 17080002—(i) East (iii) Hood River Watershed –121.9246); Clear Fork Sandy River Fork Lewis River Watershed 1707010508. Outlet(s) = Hood River (Lat (45.3994, –121.8525); Horseshoe Creek 1708000205. Outlet(s) = East Fork Lewis 45.7205, Long –121.5055) upstream to (45.3707, –121.8936); Lost Creek River (Lat 45.8664, Long –122.7189) endpoint(s) in: Hood River (45.6050, (45.3709, –121.8150); Sandy River upstream to endpoint(s) in: East Fork –121.6323). (45.3899, –121.8620). Lewis River (45.8395, –122.4463). (iv) White Salmon River Watershed (iv) Middle Sandy River Watershed (ii) Lower Lewis River Watershed 1707010509. Outlet(s) = White Salmon 1708000104. Outlet(s) = Sandy River 1708000206. Outlet(s) = Lewis River River (Lat 45.7226, Long –121.5214) (Lat 45.4464, Long –122.2459) upstream (Lat 45.8519, Long –122.7806) upstream upstream to endpoint(s) in: White to endpoint(s) in: Alder Creek (45.3776, to endpoint(s) in: Cedar Creek (45.9049, Salmon River (45.7677, –121.5374). –122.0994); Bear Creek (45.3368, –122.3684); Chelatchie Creek (45.9169, (v) Wind River Watershed –121.9265); Cedar Creek (45.4087, –122.4130); Johnson Creek (45.9385, 1707010511. Outlet(s) = Wind River (Lat –122.2617); North Boulder Creek –122.6261); Lewis River (45.9570, 45.7037, Long –121.7946) upstream to (45.3822, –122.0168); Sandy River –122.5550); Pup Creek (45.9391, endpoint(s) in: Bear Creek (45.7620, (45.3489, –121.9442). –122.5440); Unnamed (45.8882, –121.8293); Big Hollow Creek (45.9399, (v) Bull Run River Watershed –122.7412); Unnamed (45.9153, –121.9996); Dry Creek (45.9296, 1708000105. Outlet(s) = Bull Run River –122.4362). –121.9721); Falls Creek (45.9105, (Lat 45.4464, Long –122.2459) upstream (4) Lower Columbia/Clatskanie –121.9222); Little Wind River (45.7392, to endpoint(s) in: Bull Run River Subbasin 17080003—(i) Kalama River –121.7772); Ninemile Creek (45.8929, (45.4455, –122.1561); Little Sandy Creek Watershed 1708000301. Outlet(s) = –121.9526); Paradise Creek (45.9527, (45.4235, –122.1975). Burris Creek (45.8926, –122.7892); –121.9408); Trapper Creek (45.8887, (vi) Washougal River (1708000106). Kalama River (46.0340, –122.8695) –122.0065); Trout Creek (45.8021, Outlet(s) = Washougal River (Lat upstream to endpoint(s) in: Arnold –121.9313); Wind River (45.9732, 45.5795, Long –122.4022) upstream(s) to Creek (46.0463, –122.5938); Burris –121.9031). endpoint(s) in: Cougar Creek (45.6265, Creek (45.9391, –122.7780); Elk Creek (vi) Middle Columbia/Grays Creek –122.2987); Dougan Creek (45.6770, (46.0891, –122.5117); Gobar Creek Watershed 1707010512. Outlet(s) = –122.1522); Lacamas Creek (45.5972, (46.0963, –122.6042); Hatchery Creek Columbia River (Lat 45.7044, Long –122.3933); Little Washougal River (46.0459, –122.8027); Kalama River –121.7980) upstream to endpoint(s) in: (45.6315, –122.3767); Washougal River (46.1109, –122.3579); Little Kalama Columbia River (45.7205, –121.5056). (45.6729, –122.1524); West Fork River (45.9970, –122.6939); North Fork (vii) Middle Columbia/Eagle Creek Washougal River (45.6205, –122.2149). Kalama River (46.1328, –122.4118); Watershed 1707010513. Outlet(s) = (vii) Columbia Gorge Tributaries Wild Horse Creek (46.0626, –122.6367). Columbia River (Lat 45.6447, Long Watershed 1708000107. Outlet(s) = (ii) Clatskanie River Watershed –121.9395) upstream to endpoint(s) in: Columbia River (Lat 45.5735, Long 1708000303. Outlet(s) = Clatskanie Camp Creek (45.6676, –121.8167); –122.3945) upstream to endpoint(s) in: River (Lat 46.1398, Long –123.2303) Carson Creek (45.7206, –121.8184); Bridal Veil Creek (45.5542, –122.1793); upstream to endpoint(s) in: Clatskanie Columbia River (45.7044, –121.7980); Columbia River (45.6447, –121.9395); River (46.0435, –123.0829); Merrill Dry Creek (45.6717, –121.8732); Eagle Coopey Creek (45.5656, –122.1671); Creek (46.0916, –123.1727); Perkins Creek (45.6365, –121.9171); East Fork Government Cove (45.5948, –122.0630); Creek (46.0826, –123.1678). Herman Creek (45.6538, –121.8122); Hamilton Creek (45.6414, –121.9764); (iii) Skamokawa/Elochoman Herman Creek (45.6749, –121.8477); Hardy Creek (45.6354, –121.9987); Watershed 1708000305. Outlet(s) = Rock Creek (45.6958, –121.8915); Horsetail Creek (45.5883, –122.0675); Elochoman River (Lat 46.2269, Long Unnamed (45.6654, –121.8164); Latourell Creek (45.5388, –122.2173); –123.4040); Skamokawa Creek (46.2677,
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00078 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52707
–123.4562); Unnamed (46.2243, –122.8400); Skook Creek (46.5035, (46.2011, –123.5822); John Day River –123.3975) upstream to endpoint(s) in: –122.7556). (46.1820, –123.7392) upstream to Beaver Creek (46.2256, –123.3071); (iii) North Fork Toutle River endpoint(s) in: Bear Creek (46.1181, Elochoman River (46.3503, –123.2428); Watershed 1708000504. Outlet(s) = –123.6388); Big Creek (46.1475, Falk Creek (46.2954, –123.4413); Left North Fork Toutle River (Lat 46.3669, –123.5819); Gnat Creek (46.1614, Fork Skamokawa Creek (46.3249, Long –122.5859) upstream to –123.4813); John Day River (46.1763, –123.4538); McDonald Creek (46.3398, endpoint(s) in: North Fork Toutle River –123.7474). –123.4116); Standard Creek (46.3292, (46.3718, –122.5847). (ii) Grays Bay Watershed 1708000603. –123.3999); West Fork Elochoman River (iv) Green River Watershed Outlet(s) = Crooked Creek (Lat 46.2962, (46.3211, –123.2605); West Fork 1708000505. Outlet(s) = Green River Long –123.6795); Deep River (46.3035, Skamokawa Creek (46.2871, –123.4654); (Lat 46.3718, Long –122.5847) upstream –123.7092); Grays River (46.3035, Wilson Creek (46.2970, –123.3434). to endpoint(s) in: Cascade Creek –123.6867); Sisson Creek (46.3011, (iv) Plympton Creek Watershed (46.3924, –122.3530); Devils Creek –123.7237); Unnamed (46.3042, 1708000306. Outlet(s) = Westport (46.3875, –122.5113); Elk Creek –123.6870) upstream to endpoint(s) in: Slough (Lat 46.1434, Long –123.3816) (46.3929, –122.3224); Green River Crooked Creek (46.3033, –123.6222); upstream to endpoint(s) in: Plympton (46.3857, –122.1815); Miners Creek East Fork Grays River (46.4425, Creek (46.1261, –123.3842); Westport (46.3871, –122.2091); Shultz Creek –123.4081); Fossil Creek (46.3628, Slough (46.1195, –123.2797). (46.3744, –122.2987); Unnamed –123.5530); Grays River (46.4910, (5) Upper Cowlitz Subbasin (46.3796, –122.3632). –123.4334); Hull Creek (46.3725, 17080004—(i) Headwaters Cowlitz River (v) South Fork Toutle River Watershed –123.5866); Johnson Canyon (46.3699, 1708000401. Outlet(s) = Cowlitz River 1708000506. Outlet(s) = South Fork –123.6659); Klints Creek (46.3562, (Lat 46.6580, Lat –121.6032) upstream Toutle River (Lat 46.3282, Long –123.5675); Malone Creek (46.3280, to endpoint(s) in: Clear Fork Cowlitz –122.7215) upstream to endpoint(s) in: –123.6545); Mitchell Creek (46.4512, River (46.6858, –121.5668); Muddy Fork Johnson Creek (46.3100, –122.6338); –123.4371) South Fork Grays River Cowlitz River (46.6994, –121.6169); South Fork Toutle River (46.2306, (46.3813, –123.4581); Sweigiler Creek Ohanapecosh River (46.6883, –122.4439); Studebaker Creek (46.3044, (46.4195, –123.5375); Unnamed –121.5809). –122.6777). (46.3283, –123.7376); Unnamed (ii) Upper Cowlitz River Watershed (vi) East Willapa Watershed (46.3651, –123.6839); Unnamed 1708000402. Outlet(s) = Cowlitz River 1708000507. Outlet(s) = Cowlitz River (46.4701, –123.4515); West Fork Grays (Lat 46.5763, Long –121.7051) upstream (Lat 46.2660, Long –122.9154) upstream River (46.4195, –123.5530). to endpoint(s) in: Cowlitz River to endpoint(s) in: Arkansas Creek (8) Clackamas Subbasin 17090011—(i) (46.6580, –121.6032). (46.3275, –123.0123); Baxter Creek Lower Clackamas River Watershed (iii) Cowlitz Valley Frontal Watershed (46.3034, –122.9709); Brim Creek 1709001106. Outlet(s) = Clackamas 1708000403. Outlet(s) = Cowlitz River (46.4263, –123.0139); Campbell Creek River (Lat 45.3719, Long –122.6071) (Lat 46.4765, Long –122.0952) upstream (46.3756, –123.0401); Cowlitz River upstream to endpoint(s) in: Clackamas to endpoint(s) in: Cowlitz River (46.3678, –122.9337); Delameter Creek River (45.2440, –122.2798); Clear Creek (46.5763, –121.7051); Silver Creek (46.2495, –122.9916); Hemlock Creek (45.3568, –122.4781); Deep Creek (46.5576, –121.9178). (46.2585, –122.7269); Hill Creek (45.3916, –122.4028); Richardson Creek (iv) Upper Cispus River Watershed (46.3724, –122.9211); King Creek (45.3971, –122.4712); Rock Creek 1708000404. Outlet(s) = Cispus River (46.5076, –122.9885); Monahan Creek (45.4128, –122.5043). (Lat 46.4449, Long –121.7954) upstream (46.2954, –123.0286); North Fork Toutle (ii) [Reserved] to endpoint(s) in: Cispus River (46.3410, River (46.3669, –122.5859); Olequa (9) Lower Willamette Subbasin –121.6709); East Canyon Creek (46.3454, Creek (46.5174, –122.9042); Stillwater 17090012—(i) Johnson Creek Watershed –121.7031); North Fork Cispus River Creek (46.3851, –123.0478); Sucker 1709001201. Outlet(s) = Willamette (46.4355, –121.654). Creek (46.2628, –122.8116); Unnamed River (Lat 45.4423, Long –122.6453) (v) Lower Cispus River Watershed (46.5074, –122.9585); Unnamed upstream to endpoint(s) in: Crystal 1708000405. Outlet(s) = Cispus River (46.5405, –122.9090); Wyant Creek Springs Creek (45.4770, –122.6403); (Lat 46.4765, Long –122.0952) upstream (46.3424, –122.6302). Kellogg Creek (45.4344, –122.6314); to endpoint(s) in: Cispus River (46.4449, (vii) Coweeman Watershed Tryon Creek (45.4239, –122.6595); –121.7954); McCoy Creek (46.3892, 1708000508. Outlet(s) = Cowlitz River Unnamed (45.4002, –122.6423); –121.8190); Yellowjacket Creek (Lat 46.0977, Long –122.9141); Owl Willamette River (45.3719, –122.6071). (46.3871, –121.8335). Creek (46.0771, –122.8676) upstream to (ii) Scappoose Creek Watershed (6) Cowlitz Subbasin 17080005—(i) endpoint(s) in: Baird Creek (46.1704, 1709001202. Outlet(s) = Multnomah Riffe Reservoir Watershed 1708000502. –122.6119); Coweeman River (46.1505, Channel (Lat 45.8577, Long –122.7919) Outlet(s) = Cowlitz River (Lat 46.5033, –122.5792); Cowlitz River (46.2660, upstream to endpoint(s) in: Long –122.5870) upstream to –122.9154); Leckler Creek (46.2092, Cunningham Slough (45.8250, endpoint(s) in: Cowlitz River (46.4765, –122.9206); Mulholland Creek (46.1932, –122.8069); Multnomah Channel –122.0952). –122.6992); North Fork Goble Creek (45.6188, –122.7921); North Scappoose (ii) Jackson Prairie Watershed (46.1209, –122.7689); Ostrander Creek Creek (45.8014, –122.9340). 1708000503. Outlet(s) = Cowlitz River (46.2095, –122.8623); Owl Creek (iii) Columbia Slough/Willamette (Lat 46.3678, Long –122.9337) upstream (46.0914, –122.8692); Salmon Creek River Watershed 1709001203. Outlet(s) to endpoint(s) in: Bear Creek (46.4215, (46.2547, –122.8839); South Fork = Willamette River (Lat 45.6530, Long –122.9224); Blue Creek (46.4885, Ostrander Creek (46.1910, –122.8600); –122.7646) upstream to endpoint(s) in: –122.7253); Cowlitz River (46.5033, Unnamed (46.0838, –122.7264). Bybee/Smith Lakes (45.6189, –122.5870); Lacamas Creek (46.5118, (7) Lower Columbia Subbasin –122.7333); Columbia Slough (45.5979, –122.8113); Mill Creek (46.4701, 17080006—(i) Big Creek Watershed –122.7137); Willamette River (45.4423, –122.8557); Mill Creek (46.5176;– 1708000602. Outlet(s) = Bear Creek (Lat –122.6453). 122.6209); Otter Creek (46.4800, 46.1719; Long –123.6642); Big Creek (10) Lower Columbia River Corridor— –122.6996); Salmon Creek (46.4237, (46.1847, –123.5943); Blind Slough Lower Columbia River Corridor.
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00079 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52708 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
Outlet(s) = Columbia River (Lat 46.2485, (11) Maps of critical habitat for the Long –124.0782) upstream to Lower Columbia River chinook salmon endpoint(s) in: Columbia River ESU follow: (45.5709, –122.4021). BILLING CODE 3510–22–P
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00080 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52709
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00081 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.086 52710 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00082 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.087 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52711
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00083 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.088 52712 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00084 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.089 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52713
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00085 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.090 52714 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00086 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.091 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52715
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00087 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.092 52716 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00088 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.093 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52717
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00089 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.094 52718 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00090 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.095 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52719
BILLING CODE 3510–22–C
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00091 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.096 52720 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(k) Upper Willamette River Chinook –122.8498); Bannister Creek (43.8743, River (44.5088, –123.1101); Willamette Salmon (Oncorhynchus tshawytscha). –122.6538); Buckhead Creek (43.7753, River (44.6400, –123.1096). Critical habitat is to include the areas –122.5253); Burnt Bridge Creek (iv) Marys River Watershed defined in the following subbasins: (43.7900, –122.5334); Carr Creek 1709000305. Outlet(s) = Marys River (1) Middle Fork Willamette Subbasin (43.8558, –122.8177); Deception Creek (Lat 44.5566, Long –123.2597) upstream 17090001—(i) Upper Middle Fork (43.7551, –122.5541); East Fork Minnow to endpoint(s) in: Beaver Creek Willamette River Watershed Creek (43.8902, –122.7342); Goodman (44.4554, –123.3748); Marys River 1709000101. Outlet(s) = Middle Fork Creek (43.8309, –122.6940); Gosage (44.5373, –123.3762); Oak Creek Willamette River (Lat 43.4961, Long Creek (43.8446, –122.8129); Guiley (44.5636, –123.2932). –122.3989) upstream to endpoint(s) in: Creek (43.8419, –122.7962); Hazel Creek (v) Luckiamute River Watershed Echo Creek (43.4670, –122.3172); Found (43.8637, –122.6891); Lost Creek 1709000306. Outlet(s) = Luckiamute Creek (43.5048, –122.2831); Middle (43.8427, –122.7781); Middle Creek River (Lat 44.7561, Long –123.1468) Fork Willamette River (43.4801, (43.8624, –122.8323); Middle Fork upstream to endpoint(s) in: Soap Creek –122.2534); Noisy Creek (43.5083, Willamette River (43.7589, –122.5242); (44.7317, –123.2151); Unnamed –122.3016); Simpson Creek (43.5031, Minnow Creek (43.8872, –122.7458); (44.7661, –123.2011). –122.3801); Skunk Creek (43.5069, North Creek (43.8247, –122.6236); (3) McKenzie Subbasin 17090004—(i) –122.2866); Staley Creek (43.4527, Rolling Riffle Creek (43.8750, Upper McKenzie River Watershed –122.3650); Swift Creek (43.5438, –122.7052); School Creek (43.8604, 1709000401. Outlet(s) = McKenzie River –122.2431); Tumblebug Creek (43.4740, –122.6099); South Creek (43.8230, (Lat 44.1721, Long –122.2058) upstream –122.2549); Unnamed (43.4967, –122.6216); Unnamed (43.8329, to endpoint(s) in: Deer Creek (44.2677, –122.2645); Unnamed (43.4986, –122.6775); Unnamed (43.8427, –122.0712); Frissell Creek (44.2288, –122.2686); Unnamed (43.5020, –122.6643); Unnamed (43.8433, –122.0699); Lost Creek (44.1729, –122.2764). –122.6950). –122.0401); McKenzie River (44.3109, –122.0199); Scott Creek (44.1981, (ii) Hills Creek Watershed (vii) Little Fall Creek Watershed –122.0195); Smith River (44.2824, 1709000102. Outlet(s) = Hills Creek (Lat 1709000108. Outlet(s) = Little Fall Creek –122.0506). 43.7071, Long –122.4195) upstream to (Lat 43.9577, Long –122.8166) upstream endpoint(s) in: Hills Creek (43.6718, (ii) Horse Creek Watershed to endpoint(s) in: Little Fall Creek 1709000402. Outlet(s) = West Fork –122.3502). (44.0579, –122.5440); Norton Creek (iii) Salt Creek/Willamette River Horse Creek (Lat 44.1721, Long (44.0006, –122.7044); Sturdy Creek Watershed 1709000103. Outlet(s) = Salt –122.2058) upstream to endpoint(s) in: (44.0196, –122.6475). Creek (Lat 43.7261, Long –122.4381) Cedar Swamp Creek (44.1563, upstream to endpoint(s) in: Coyote (viii) Fall Creek Watershed –122.1132); Horse Creek (44.0602, Creek (43.6682, –122.2378); Eagle Creek 1709000109. Outlet(s) = Fall Creek (Lat –122.0087); King Creek (44.1635, (43.6795, –122.2293); Salt Creek 43.9707, Long –122.8677) upstream to –122.1693); Separation Creek (44.1274, (43.6204, –122.1413); South Fork Salt endpoint(s) in: Alder Creek (44.0000, –122.0077). Creek (43.6518, –122.2261). –122.4993); Fall Creek (43.9922, (iii) South Fork McKenzie River (iv) Hills Creek Reservoir Watershed –122.3758); Gold Creek (43.9772, Watershed 1709000403. Outlet(s) = 1709000105. Outlet(s) = Middle Fork –122.4051); Logan Creek (43.9447, South Fork McKenzie River (Lat Willamette River (Lat 43.7589, Long –122.4504); Nelson Creek (43.9285, 44.1595, Long –122.2946) upstream to –122.5242) upstream to endpoint(s) in: –122.6850); Portland Creek (43.9331, endpoint(s) in: Augusta Creek (43.9562, Big Willow Creek (43.6341, –122.4139); –122.4655); Sunshine Creek (43.9943, –122.1632); Cougar Creek (44.1397, Buck Creek (43.5945, –122.4272); Bull –122.4672); Winberry Creek (43.9142, –122.2437); East Fork South Fork Creek (43.6598, –122.4014); Coal Creek –122.6890). McKenzie (44.0850, –122.0997); Elk (43.4882, –122.4246); Coffeepot Creek (ix) Lower Middle Fork Willamette Creek (43.9455, –122.0384); French Pete (43.6182, –122.4160); Gold Creek River Wateshed 1709000110. Outlet(s) = Creek (44.0402, –122.1854); Hardy (43.5860, –122.4768); Indian Creek Middle Fork Willamette River (Lat Creek (44.0345, –122.2047); Rebel Creek (43.5034, –122.4638); Larison Creek 44.0226, Long –123.0169) upstream to (44.0167, –122.1505); Roaring River (43.6851, –122.4760); Middle Fork endpoint(s) in: Hills Creek (43.9945, (43.9479, –122.0811); South Fork Willamette River (43.4961, –122.3989); –122.8651); Middle Fork Willamette McKenzie River (43.9533, –121.9995). Packard Creek (43.6516, –122.4904); River (43.9495, –122.8471); Mill Race (iv) McKenzie River/Quartz Creek Snake Creek (43.5388, –122.4554) Snow (44.0407, –123.0004); Pudding Creek Watershed 1709000405. Outlet(s) = Creek (43.6061, –122.4585); Windfall (44.0173, –122.9501); Rattlesnake Creek McKenzie River (Lat 44.1112, Long Creek (43.5984, –122.4638). (43.9352, –122.8608); Wallace Creek –122.4209) upstream to endpoint(s) in: (v) North Fork of Middle Fork (44.0074, –122.8984). Cone Creek (44.1528, –122.3649); Willamette River Watershed (2) Upper Willamette Subbasin McKenzie River (44.1721, –122.2058); 1709000106. Outlet(s) = North Fork 17090003—(i) Muddy Creek Watershed Quartz Creek (44.0188, –122.3015); Middle Fork Willamette River (Lat 1709000302. Outlet(s) = Willamette Wycoff Creek (44.0846, –122.3143). 43.7589, Long –122.5242) upstream to River (Lat 44.6400, Long –123.1096) (v) Lower McKenzie River Watershed endpoint(s) in: Cayuse Creek (43.8651, upstream to endpoint(s) in: Willamette 1709000407. Outlet(s) = McKenzie River –122.1856); Chalk Creek (43.8750, River (44.0226, –123.0169). (Lat 44.1255, Long –123.1059) upstream –122.4044); Christy Creek (43.9079, (ii) Calapooia River Watershed to endpoint(s) in: Boulder Creek –122.3796); Fisher Creek (43.8699, 1709000303. Outlet(s) = Calapooia River (44.0601, –122.7825); Camp Creek –122.1551); North Fork Middle Fork (Lat 44.5088, Long –123.1101) upstream (44.0896, –122.8544); Deer Creek Willamette River (43.8671, –122.0711). to endpoint(s) in: Calapooia River (44.0895, –122.4234); Ennis Creek (vi) Middle Fork Willamette/Lookout (44.2354, –122.4128). (44.0804, –122.3754); Finn Creek Point Watershed 1709000107. Outlet(s) (iii) Oak Creek Watershed (44.1471, –122.5972); Forest Creek = Middle Fork Willamette River (Lat 1709000304. Outlet(s) = Willamette (44.0861, –122.7153); Haagen Creek 43.9495, Long –122.8471) upstream to River (Lat 44.7504, Long –123.1421) (44.0880, –122.7126); Hatchery Creek endpoint(s) in: Anthony Creek (43.8799, upstream to endpoint(s) in: Calapooia (44.1449, –122.6056); Holden Creek
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00092 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52721
(44.1056, –122.7061); Indian Creek (iii) Thomas Creek Watershed (iv) Lower Molalla River Watershed (44.1526, –122.5816); Lane Creek 1709000603. Outlet(s) = Thomas Creek 1709000906. Outlet(s) = Molalla River (44.0928, –122.7323); Marten Creek (Lat 44.6778, Long –122.9654) upstream (Lat 45.2979, Long –122.7141) upstream (44.1075, –122.5046); McKenzie River to endpoint(s) in: Jordan Creek (44.7531, to endpoint(s) in: Gribble Creek (45. (44.1112, –122.4209); North Fork Gate –122.6595); Mill Creek (44.7055, 2146, –122.6988); Milk Creek (45.2278, Creek (44.1718, –122.5248); Osborn –122.7842); Neal Creek (44.7101, –122.5670); Molalla River (45.1196, Creek (44.0565, –122.7880); Ritchie –122.6912); South Fork Neal Creek –122.5342). Creek (44.1028, –122.6567); South Fork (44.7033, –122.7078); Thomas Creek (8) Clackamas Subbasin 17090011—(i) Gate Creek (44.1667, –122.4980); Taylor (44.6776, –122.4650). Collawash River Watershed Creek (44.0783, –122.7481); Toms Creek (iv) South Santiam River Watershed 1709001101. Outlet(s) = Collawash (44.1316, –122.5586); Unnamed 1709000606. Outlet(s) = South Santiam River (Lat 45.0321, Long –122.0600) (44.0646, –122.9399); Walterville Canal River (Lat 44.3977, Long –122.4491) upstream to endpoint(s) in: Blister Creek (44.0765, –122.7537). upstream to endpoint(s) in: Falls Creek (44.9594, –122.1590); Collawash River (4) North Santiam Subbasin (44.4007, –122.3828); South Santiam (44.9507, –122.0350); Hot Springs Fk 17090005—(i) Middle North Santiam River (44.3980, –122.2610). Collawash River (44.9385, –122.1721); River Watershed 1709000504. Outlet(s) (v) South Santiam River/Foster Nohorn Creek (44.9442, –122.1957). = North Santiam River (Lat 44.7852, Reservoir Watershed 1709000607. Long –122.6079) upstream to Outlet(s) = South Santiam River (Lat (ii) Upper Clackamas River endpoint(s) in: Mad Creek (44.7453, 44.4163, Long –122.6693) upstream to 1709001102. Outlet(s) = Clackamas –122.3898); North Santiam River endpoint(s) in: Middle Santiam River River (Lat 45.0321, Long –122.0600) (44.7510, –122.2821); Rock Creek (44.4498, –122.5479); South Santiam upstream to endpoint(s) in: Cabin Creek (44.7077, –122.4171); Snake Creek River (44.3977, –122.4491). (45.0087, –121.8958); Clackamas River (44.7477, –122.4905). (vi) Wiley Creek Watershed (44.8966, –121.8800); Cub Creek (ii) Little North Santiam River 1709000608. Outlet(s) = Wiley Creek (44.8969, –121.8876); Granite Creek Watershed 1709000505. Outlet(s) = (Lat 44.4140, Long –122.6752) upstream (45.0184, –121.9885); Hunter Creek Little North Santiam River (Lat 44.7852, to endpoint(s) in: Little Wiley Creek (44.9086, –121.8929); Last Creek Long –122.6079) upstream to (44.3673, –122.5916); Wiley Creek (44.9715, –121.8547); Lowe Creek endpoint(s) in: Elkhorn Creek (44.8134, (44.3488, –122.5900). (44.9487, –121.8983); Pot Creek –122.3561); Little North Santiam River (6) Middle Willamette Subbasin (45.0149, –121.9084); Unnamed (44.8390, –122.3364); Little Sinker 17090007—(i) Mill Creek/Willamette (44.9469, –121.8691); Wall Creek Creek (44.8191, –122.4111); Sinker River Watershed 1709000701. Outlet(s) (44.9555, –121.8843). Creek (44.8166, –122.4174). = Mill Creek (Lat 44.9520, Long (iii) Oak Grove Fork Clackamas River (iii) Lower North Santiam River Watershed 1709001103. Outlet(s) = Oak Watershed 1709000506. Outlet(s) = –123.0381) upstream to endpoint(s) in: Mill Creek (44.8255, –122.8226). Grove Fork Clackamas River (Lat Santiam River (Lat 44.7504, Long 45.0746, Long –122.0520) upstream to –123.1421) upstream to endpoint(s) in: (ii) Rickreall Creek Watershed endpoint(s) in: Oak Grove Fork Bear Branch (44.7559, –122.7974); Cold 1709000702. Outlet(s) = Willamette Clackamas River (45.0822, –121.9859). Creek (44.7522, –122.8848); Morgan River (Lat 44.9288, Long –123.1124) Creek (44.7500, –123.0376); North upstream to endpoint(s) in: Willamette (iv) Middle Clackamas River Santiam River (44.7852, –122.6079); River (44.7504, –123.1421). Watershed 1709001104. Outlet(s) = Salem Ditch (44.8000, –122.8120); (iii) Willamette River/Chehalem Creek Clackamas River (Lat 45.2440, Long Smallman Creek (44.7300, –122.9098); Watershed 1709000703. Outlet(s) = –122.2798) upstream to endpoint(s) in: Stout Creek (44.7930, –122.6177); Trask Willamette River (Lat 45.2552, Long Clackamas River (45.0321, –122.0600); Creek (44.7725, –122.6152); Unnamed –122.8806) upstream to endpoint(s) in: Fish Creek (45.0962, –122.1683); North (44.7672, –123.0517); Valentine Creek Willamette River (44.9288, –123.1124). Fork Clackamas River (45.2361, (44.8013, –122.7176). (iv) Abernethy Creek Watershed –122.2186); Roaring River (45.1773, (5) South Santiam Subbasin 1709000704. Outlet(s) = Willamette –122.0650); South Fork Clackamas River 17090006—(i) Hamilton Creek/South River (Lat 45.3719, Long –122.6071) (45.1939, –122.2257); Tag Creek Santiam River Watershed 1709000601. upstream to endpoint(s) in: Willamette (45.0607, –122.0512); Tar Creek Outlet(s) = South Santiam River (Lat River (45.2552, –122.8806). (45.0494, –122.0570). 44.6869, Long –123.0052) upstream to (7) Molalla/Pudding Subbasin (v) Lower Clackamas River Watershed endpoint(s) in: Hamilton Creek 17090009—(i) Butte Creek/Pudding 1709001106. Outlet(s) = Clackamas (44.5037, –122.7667); McDowell Creek River Watershed 1709000902. Outlet(s) River (Lat 45.3719, Long –122.6071) (44.4580, –122.7128); Mill Creek = Pudding River (Lat 45.1907, Long upstream to endpoint(s) in: Clackamas (44.6750, –122.9721); Noble Creek –122.7527) upstream to endpoint(s) in: River (45.2440, –122.2798); Clear Creek (44.4519, –122.7976); South Santiam Pudding River (45.0740, –122.8525). (45.3568, –122.4781); Deep Creek River (44.4163, –122.6693); Spring (ii) Senecal Creek/Mill Creek (45.3937, –122.4095); Richardson Creek Branch (44.6821, –122.9811); Unnamed Watershed 1709000904. Outlet(s) = (45.3971, –122.4712). (44.6703, –122.9870); Unnamed Pudding River (Lat 45.2843, Long (44.6801, –122.9786). –122.7149) upstream to endpoint(s) in: (9) Lower Willamette/Columbia River (ii) Crabtree Creek Watershed Pudding River (45.1907, –122.7527). Corridor—Lower Willamette/Columbia 1709000602. Outlet(s) = Crabtree Creek (iii) Upper Molalla River Watershed River Corridor. Outlet(s) = Columbia (Lat 44.6756, Long –122.9557) upstream 1709000905. Outlet(s) = Molalla River River (Lat 46.2485, Long –124.0782) to endpoint(s) in: Bald Peter Creek (Lat 45.1196, Long –122.5342) upstream upstream to endpoint(s) in: Willamette (44.5682, –122.5825); Beaver Creek to endpoint(s) in: Molalla River River (45.3719, –122.6071). (44.6271, –122.8504); Crabtree Creek (44.9124, –122.3228); North Fork (10) Maps of critical habitat for the (44.6058, –122.5405); Roaring River Molalla River (45.0872, –122.3849); Upper Willamette River chinook salmon (44.6251, –122.7283); South Fork Table Rock Fork Molalla River (44.9876, ESU follow: Crabtree Creek (44.5741, –122.5744). –122.2741). BILLING CODE 3510–22–P
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00093 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52722 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00094 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.097 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52723
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00095 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.098 52724 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00096 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.099 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52725
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00097 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.100 52726 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00098 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.101 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52727
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00099 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.102 52728 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00100 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.103 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52729
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00101 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.104 52730 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00102 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.105 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52731
BILLING CODE 3510–22–C (l) Upper Columbia River Spring tshawytscha). Critical habitat is to Chinook Salmon (Oncorhynchus
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00103 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.106 52732 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
include the areas defined in the (v) Twisp River Watershed Long –120.7159) upstream to following subbasins: 1702000805. Outlet(s) = Twisp River endpoint(s) in: Little Wenatchee River (1) Chief Joseph Subbasin 17020005— (Lat 48.3682, Long –120.1176) upstream (47.8526, –120.9541); Napeequa River Upper Columbia/Swamp Creek to endpoint(s) in: Buttermilk Creek (47.9285, –120.8829); Panther Creek Watershed 1702000505. Outlet(s) = (48.3528, –120.3239); Eagle Creek (47.9355, –120.9482); White River Columbia River (Lat 47.8077, Long (48.3584, –120.3914); North Creek (47.9535, –120.9380). –119.9754) upstream to endpoint(s) in: (48.4587, –120.5595); Poorman Creek (ii) Chiwawa River Watershed Columbia River (48.0502, –119.8942). (48.3674, –120.1997); South Creek 1702001102. Outlet(s) = Chiwawa River (2) Methow Subbasin 17020008—(i) (48.4330, –120.5431); Twisp River (Lat 47.7880, Long –120.6589) upstream Lost River Watershed 1702000801 (48.4615, –120.5764); War Creek to endpoint(s) in: Alder Creek (47.8483, Outlet(s) = Lost River Gorge (Lat (48.3649, –120.4030). –120.6587); Chikamin Creek (47.9785, 48.6501, Long –120.5103) upstream to (vi) Middle Methow River Watershed –120.7194); Chiwawa River (48.1048, endpoint(s) in: Eureka Creek (48.7020, 1702000806. Outlet(s) = Methow River –120.8773); Goose Creek (47.8392, –120.4986); Lost River Gorge (48.7324, (Lat 48.2495, Long –120.1156) upstream –120.6461); Minnow Creek (47.9137, –120.4475). to endpoint(s) in: Bear Creek (48.4527, –120.7182); Phelps Creek (48.0794, (ii) Upper Methow River Watershed –120.1423); Goat Creek (48.5888, –120.8400); Unnamed (48.0366, 1702000802. Outlet(s) = Methow River –120.3705); Little Boulder Creek –120.7615). (Lat 48.6015, Long –120.4376) upstream (48.5700, –120.3797); Methow River (iii) Nason/Tumwater Watershed to endpoint(s) in: Early Winters Creek (48.6015, –120.4376); Wolf Creek 1702001103. Outlet(s) = Wenatchee (48.5999, –120.5840); Methow River (48.4776, –120.2840) Unnamed River (Lat 47.5801, Long –120.6660) (48.6417, –120.6150); Rattlesnake Creek (48.4896, –120.2116). upstream to endpoint(s) in: Chiwaukum (48.6523, –120.5733); Robinson Creek (vii) Lower Methow River Watershed Creek (47.7039, –120.7791); Nason (48.6680, –120.5394); South Fork Trout 1702000807. Outlet(s) = Methow River Creek (47.7769, –120.9103); Skinney Creek (48.6448, –120.6030). (Lat 48.0502, Long –119.8942) upstream Creek (47.6894, –120.7351). (iii) Upper Chewuch River Watershed to endpoint(s) in: Methow River (iv) Icicle/Chumstick Watershed 1702000803. Outlet(s) = Chewuch River (48.2495, –120.1156). 1702001104. Outlet(s) = Wenatchee (Lat 48.7501, Long –120.1356) upstream (3) Upper Columbia/Entiat Subbasin River (Lat 47.5575, Long –120.5729) to endpoint(s) in: Andrews Creek 17020010—(i) Entiat River Watershed upstream to endpoint(s) in: Wenatchee (48.7855, –120.1087); Chewuch River 1702001001. Outlet(s) = Entiat River River (47.5801, –120.6660). (48.8614, –120.0288); Dog Creek (Lat 47.6585, Long –120.2194) upstream (v) Lower Wenatchee River Watershed (48.8218, –120.0151); Lake Creek to endpoint(s) in: Entiat River (47.9855, 1702001105. Outlet(s) = Wenatchee (48.8258, –120.1996); Thirtymile Creek –120.5749); Hornet Creek (47.7714, River (Lat 47.4553, Long –120.3185) (48.8109, –120.0199). –120.4403); Mad River (47.7804, upstream to endpoint(s) in: Wenatchee (iv) Lower Chewuch River Watershed –120.4403); Tillicum Creek (47.7295, River (47.5575, –120.5729). 1702000804. Outlet(s) = Chewuch River –120.4304). (5) Columbia River Corridor— (Lat 48.4751, Lat –120.1790) upstream (ii) Lake Entiat Watershed Columbia River Corridor Outlet(s) = to endpoint(s) in: Boulder Creek 1702001002. Outlet(s) = Columbia River Columbia River (Lat 46.2485, Long (48.5797, –120.1538); Chewuch River (Lat 47.3438, Long –120.0929) upstream –124.0782) upstream to endpoint(s) in: (48.7501, –120.1356); Cub Creek to endpoint(s) in: Columbia River Columbia River (47.3438, –120.0929). (48.5513, –120.1899); Eightmile Creek (47.8077, –119.9754). (6) Maps of critical habitat for the (48.6071, –120.1775); Lake Creek (4) Wenatchee Subbasin 17020011— Upper Columbia River Spring-run (48.4926, –120.1629); Twentymile Creek (i) White River Watershed 1702001101. chinook salmon ESU follow: (48.7029, –120.1117). Outlet(s) = White River (Lat 47.8088, BILLING CODE 3510–22–P
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00104 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52733
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00105 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.107 52734 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00106 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.108 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52735
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00107 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.109 52736 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00108 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.110 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52737
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00109 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.111 52738 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
BILLING CODE 3510–22–C
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00110 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.112 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52739
(m) Hood Canal Summer-run Chum (iv) Dosewallips River Watershed Unnamed (47.4971, –122.8315); Salmon (Oncorhynchus keta). Critical 1711001805. Outlet(s) = Dosewallips Unnamed (47.6600, –122.7559); habitat is designated to include the River (Lat 47.6880, Long –122.8949) Unnamed (47.6642, –122.7534). areas defined in the following upstream to endpoint(s) in: Dosewallips (3) Puget Sound Subbasin 17110019— subbasins: River (47.7157, –122.9396). Port Ludlow/Chimacum Creek (1) Skokomoish Subbasin 17110017— (v) Big Quilcene River Watershed Watershed 1711001908. Outlet(s) = Skokomish River 1711001701. Outlet(s) 1711001806. Outlet(s) = Big Quilcene Chimacum Creek (Lat 48.0507, Long = Skokomish River (Lat 47.3543, Long River (Lat 47.8188, Long –122.8605) –122.7832) upstream to endpoint(s) in: –123.1122), Unnamed (47.3420, upstream to endpoint(s) in: Big Chimacum Creek (47.9743, –122.7764). –123.1092), Unnamed (47.3471, Quilcene River (47.8102, –122.9119). (4) Dungeness/Elwha Subbasin –123.1275), Unnamed (47.3509. (vi) Upper West Hood Canal Frontal 17110020—(i) Discovery Bay Watershed –123.1101) upstream to endpoint(s) in: Watershed 1711001807. Outlet(s) = 1711002001. Outlet(s) = Salmon Creek Mussel Sheel Creek (47.3039, Little Quilcene River (Lat 47.8266; Long (Lat 47.9895, Long –122.8879); Snow –123.1590); Skokomish (47.3199, –122.8608) upstream to endpoint(s) in: Creek (47.9900, –122.8834) upstream to –123.2198); Unnamed (47.3209, Little Quilcene River (47.8374, endpoint(s) in: Salmon Creek (47.9775, –123.2211). –122.8854). –122.9191); Snow Creek (47.9638, (vii) West Kitsap Watershed –122.8827). (2) Hood Canal Subbasin 17110018— 1711001808. Outlet(s) = Anderson Creek (ii) Sequim Bay Watershed (i) Lower West Hood Canal Frontal (Lat 47.5670, Long –122.9664); Big Beef 1711002002. Outlet(s) = Watershed 1711001802. Outlet(s)= Eagle Creek (47.6521, –122.7823); Dewatto Jimmycomelately Creek (Lat 48.0235, Creek (Lat 47.4849, Long –123.0766); River (47.4538, –123.0474); Little Long –123.0039) upstream to Finch Creek (47.4067, –123.1377); Anderson Creek (47.6653, –122.7554); endpoint(s) in: Jimmycomelately Creek Fulton Creek (47.6183, –122.9736); Tahuya River (47.3767, –123.0355); (48.0125, –123.0026). Jorsted Creek (47.5263, –123.0489); Union River (47.4484, –122.8368); (iii) Dungeness River Watershed Lilliwaup Creek (47.4689, –123.1136); Unnamed (47.3767, –123.0372); 1711002003. Outlet(s) = Dungeness Unnamed (47.4576, –123.1117) Unnamed (47.4537, –123.0474) River (Lat 48.1506, Long –123.1311); upstream to endpoint(s) in: Eagle Creek upstream to endpoint(s) in: Anderson Unnamed (48.1537, –123.1267) (47.4905, –123.0830); Finch Creek Creek (47.5596, –122.9354); Bear Creek upstream to endpoint(s) in: Dungeness (47.4076, –123.1586); Fulton Creek (47.4980, –122.8074); Big Beef Creek River (48.0258, –123.1358); Matriotti (47.6275, –122.9805); Jorsted Creek (47.6385, –122.7868); Dewatto River Creek (48.1369, –123.1488); Unnamed (47.5246, –123.0649); Lilliwaup Creek (47.4937, –122.9914); East Fork Union (48.1167, –123.1403); Unnamed (47.4704, –123.1166); Unnamed River (47.5056, –122.7897); Hazel Creek (48.1514, –123.1216). (47.4585, –123.1186). (47.5170, –122.7945); Little Anderson (5) Nearshore Marine Areas—Except (ii) Hamma Hamma River Watershed Creek (47.6606, –122.7543); North East as provided in paragraph (e) of this 1711001803. Outlet(s) = Hamma Hamma Fork Union River (47.4954, –122.7819); section, critical habitat includes all River (Lat 47.5471, Long –123.0440) Tahuya River (47.4510, –122.9597); nearshore marine areas (including areas upstream to endpoint(s) in: Hamma Union River (47.5273, –122.7846); adjacent to islands) of Hood Canal and Hamma River (47.5547, –123.0623); Unnamed (47.4492, –122.9229); the Strait of Juan de Fuca (to Dungeness John Creek (47.5369, –123.0619). Unnamed (47.4527, –122.8294); Bay) from the line of extreme high tide (iii) Duckabush River Watershed Unnamed (47.4553, –122.8301); out to a depth of 30 meters. 1711001804. Outlet(s) = Duckabush Unnamed (47.4594, –122.8396); (6) Maps of critical habitat for the River (Lat 47.6502, Long –122.9348) Unnamed (47.4700, –122.8300); Hood Canal summer-run chum salmon upstream to endpoint(s) in: Duckabush Unnamed (47.4852, –122.8313); ESU follow: River (47.6654, –122.9728). Unnamed (47.4966, –122.8393); BILLING CODE 3510–22–P
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00111 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52740 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00112 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.113 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52741
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00113 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.114 52742 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00114 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.115 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52743
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00115 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.116 52744 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00116 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.117 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52745
BILLING CODE 3510–22–C
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00117 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.118 52746 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(n) Columbia River Chum Salmon Creek (45.8622, –122.6667); East Fork (5) Lower Cowlitz Subbasin (Oncorhynchus keta). Critical habitat is Lewis River (45.8395, –122.4463); Gee 17080005—(i) Jackson Prairie designated to include the areas defined Creek (45.8264, –122.7458); Lockwood Watershed 1708000503. Outlet(s) = in the following subbasins: Creek (45.8578, –122.6259); Mason Cowlitz River (Lat 46.3678, Long (1) Middle Columbia/Hood Subbasin Creek (45.8410, –122.5919); McCormick –122.9337) upstream to endpoint(s) in: 17070105—(i) White Salmon River Creek (45.8521, –122.6907); Riley Creek Bear Creek (46.4544, –122.9187); Blue Watershed 1707010509. Outlet(s) = (45.8663, –122.6349); Unnamed Creek (46.4885, –122.7253); Coon Creek White Salmon River (Lat 45.7267, Long (45.8076, –122.5878); Unnamed (46.4272, –122.9109); Cowlitz River –121.5209) upstream to endpoint(s) in: (45.8076, –122.6286); Unnamed (46.5033, –122.5871); Lacamas Creek White Salmon River (45.7677, (45.8090, –122.6089); Unnamed (46.5564, –122.6878); Mill Creek –121.5374). (45.8111, –122.5860); Unnamed (46.5025, –122.8017); Salmon Creek (ii) Middle Columbia/Grays Creek (45.8149, –122.5654); Unnamed (46.4130, –122.8165); Skook Creek Watershed 1707010512. Outlet(s) = (45.8201, –122.5991); Unnamed (46.4708, –122.7594); Unnamed Columbia River (Lat 45.7074, Long (45.8241, –122.6380); Unnamed (46.4191, –122.8205); Unnamed –121.7965) upstream to endpoint(s) in: (45.8280, –122.6431); Unnamed (46.4205, –122.8662); Unnamed Columbia River (45.7267, –121.5209). (45.8292, –122.6040); Unnamed (46.4280, –122.8380); Unnamed (iii) Middle Columbia/Eagle Creek (45.8389, –122.6456); Unnamed (46.4707, –122.7713); Unnamed 1707010513. Outlet(s) = Columbia River (45.8439, –122.6478); Unnamed (46.4885, –122.8068); Unnamed (Lat 45.6453, Long –121.9395) upstream (45.8439, –122.6605). (46.5076, –122.6675); Unnamed to endpoint(s) in: Columbia River (ii) Lower Lewis River Watershed (46.5311, –122.8194); Unnamed (45.7074, –121.7965). 1708000206. Outlet(s) = Lewis River (46.5432, –122.7466). (2) Lower Columbia/Sandy Subbasin (Lat 45.8519, Long –122.7806) upstream (ii) South Fork Toutle River 17080001—(i) Washougal River to endpoint(s) in: Cedar Creek (45.9383, Watershed 1708000506. Outlet(s) = Watershed 1708000106. Outlet(s) = –122.5818); Colvin Creek (45.9400, South Fork Toutle River (Lat 46.3282, Unnamed (Lat 45.5812, Long –122.6081); Houghton Creek (45.9395, Long –122.7215) upstream to –122.4077); Washougal River (45.5795, –122.6478); Johnson Creek (45.9385, endpoint(s) in: Johnson Creek (46.3102, –122.4023) upstream to endpoint(s) in: –122.6261); Lewis River (45.9570, –122.6444); South Fork Toutle River Lacamas Creek (45.5972, –122.3933); –122.5550); Ross Creek (45.9340, (46.2817, –122.6420). Little Washougal River (45.6210, –122.7076). (iii) East Willapa Watershed –122.3750); Unnamed (45.5861, (4) Lower Columbia/Clatskanie 1708000507. Outlet(s) = Cowlitz River –122.4083); Washougal River (45.6232, Subbasin 17080003—(i) Kalama River (Lat 46.2660, Long –122.9154) upstream –122.2738). Watershed 1708000301. Outlet(s) = to endpoint(s) in: Arkansas Creek (ii) Columbia Gorge Tributaries Kalama River (Lat 46.0340, Long (46.3032, –122.9801); Cowlitz River Watershed 1708000107. Outlet(s) = –122.8696) upstream to endpoint(s) in: (46.3678, –122.9337); Delameter Creek Columbia River (Lat 45.5709, Long Kalama River (46.0449, –122.8034). (46.2598, –122.9679); Hill Creek –122.4020) upstream to endpoint(s) in: (ii) Germany/Abernathy Watershed (46.3704, –122.9267); McMurphy Creek Columbia River (45.6453, –121.9395); 1708000304. Outlet(s) = Abernethy (46.4082, –122.9520); Monahan Creek Duncan Creek (45.6136, –122.0539); Creek (Lat 46.1908, Long –123.1661); (46.2636, –122.9727); North Fork Toutle Gibbons Creek (45.5710, –122.3147); Germany Creek (46.1895, –123.1244); River (46.3669, –122.5859); Olequa Greenleaf Creek (45.6548, –121.9569); Mill Creek (46.1888, –123.1745) Creek (46.4324, –122.9688); Unnamed Hamilton Creek (45.6535, –121.9879); upstream to endpoint(s) in: Abernethy (46.2606, –122.9551); Unnamed Hardy Creek (45.6354, –121.9987); Creek (46.2263, –123.1467); Germany (46.2642, –122.9291); Unnamed Indian Mary Creek (45.6066, –122.0716); Creek (46.2221, –123.1353); Mill Creek (46.2689, –122.9589); Unnamed Lawton Creek (45.5746, –122.2501); (46.1932, –123.1834). (46.2880, –122.9051); Unnamed Unnamed (45.5673, –122.3033); (iii) Skamokawa/Elochoman (46.2892, –122.9626); Unnamed Unnamed (45.6017, –122.1106); Watershed 1708000305. Outlet(s) = (46.3294, –122.9085); Unnamed Unnamed (45.6017, –122.1087); Elochoman River (Lat 46.2269, Long (46.3371, –122.8922); Unnamed Unnamed (45.6483, –121.9725); –123.4039); Jim Crow Creek (46.2662, (46.3491, –122.7052); Unnamed Unnamed (45.6509, –121.9502); Walton –123.5511); Skamokawa Creek (46.2677, (46.3571, –122.7684); Unnamed Creek (45.5757, –122.2618). –123.4562); Unnamed (46.2243, (46.3587, –122.7478); Unnamed (iii) Salmon Creek Watershed –123.3975) upstream to endpoint(s) in: (46.3683, –122.7503); Unnamed 1708000109. Outlet(s) = Lake River (Lat Beaver Creek (46.2262, –123.3239); (46.3814, –122.6091); Wyant Creek 45.8437, Long –122.7800); Love Creek Brooks Slough (46.2502, –123.4094); (46.3314, –122.6768). (45.5976, –122.5443); Unnamed Clear Creek (46.2611, –123.2996); Duck (iv) Coweeman Watershed (45.5867, –122.5015); Unnamed Creek (46.2517, –123.3159); Eggman 1708000508. Outlet(s) = Cowlitz River (45.5919, –122.5241); Unnamed Creek (46.3248, –123.4951); Elochoman (Lat 46.0977, Long –122.9141); Owl (45.5952, –122.5366) upstream to River (46.2615, –123.2965); Indian Jack Creek (46.0768, –122.8679) upstream to endpoint(s) in: Love Creek (45.5981, Slough (46.2371, –123.3955); Jim Crow endpoint(s) in: Baird Creek (46.1789, –122.5444); Salmon Creek (45.7089, Creek (46.2891, –123.5553); Kelly Creek –122.5822); Butler Creek (46.1491, –122.6480); Unnamed (45.5873, (46.3109, –123.4797); Left Fork –122.5170); Cowlitz River (46.2660, –122.5015); Unnamed (45.5924, Skamokawa Creek (46.3331, –123.4610); –122.9154); Goble Creek (46.1074, –122.5242); Unnamed (45.5955, Quarry Creek (46.3292, –123.4241); –122.7068);Leckler Creek (46.2164, –122.5360). Skamokawa Creek (46.3277, –123.4236); –122.9325); Mulholland Creek (46.2004, (3) Lewis Subbasin 17080002—(i) East Unnamed (46.2338, –123.3282); –122.6484); Nineteen Creek (46.1593, Fork Lewis River Watershed Unnamed (46.3293, –123.4534); West –122.6095); North Fork Goble Creek 1708000205. Outlet(s) = East Fork Lewis Fork Skamokawa Creek (46.3119, (46.1208, –122.7691); Owl Creek River (Lat 45.8664, Long –122.7189); –123.4889); West Valley Creek (46.2981, (46.0914, –122.8692); Salmon Creek Gee Creek (45.8462, –122.7803) –123.4698); Wilson Creek (46.3006, (46.2547, –122.8839); Sandy Bend Creek upstream to endpoint(s) in: Brezee –123.3787). (46.2318, –122.9143); Skipper Creek
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00118 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52747
(46.1625, –122.5915); Turner Creek –123.5820); Little Creek (46.1510, River (46.3836, –123.4592); Thadbar (46.1167, –122.8150); Unnamed –123.6007). Creek (46.3331, –123.6092); Unnamed (46.0719, –122.8607); Unnamed (ii) Grays Bay Watershed 1708000603. (46.2502, –123.8833); Unnamed (46.0767, –122.8604); Unnamed Outlet(s) = Deep River (Lat 46.3035, (46.2847, –123.9402); Unnamed (46.0897, –122.7355); Unnamed Long –123.7092); Grays River (46.3035, (46.2901, –123.9368); Unnamed (46.1295, –122.8993); Unnamed –123.6867); Unnamed (46.2419, (46.3605, –123.5228); Unnamed (46.1369, –122.8034); Unnamed –123.8842); Unnamed (46.3026, (46.3838, –123.5454); Unnamed (46.1441, –122.5816); Unnamed –123.9702) upstream to endpoint(s) in: (46.4328, –123.4444); West Fork Grays Alder Creek (46.4279, –123.4621); (46.1478, –122.8649); Unnamed River (46.3942, –123.5611). (46.1516, –122.8749); Unnamed Blaney Creek (46.3957, –123.4607); (46.1558, –122.7803); Unnamed Campbell Creek (46.3435, –123.7087); (7) Lower Columbia River Corridor— (46.1727, –122.7716); Unnamed Chinook River (46.2685, –123.9233); Lower Columbia River Corridor (46.1753, –122.7657); Unnamed Deep River (46.3480, –123.6865); East Outlet(s) = Columbia River (Lat (46.1940, –122.7068); Unnamed Fork Grays River (46.4424, –123.4120); 46.2485, Long –124.0782) upstream to (46.2021, –122.6941); Unnamed Fossil Creek (46.3612, –123.5217); Grays endpoint(s) in: Columbia River (46.2416, –122.8869). River (46.4628, –123.4602); Johnson (45.5709, –122.4020). (6) Lower Columbia Subbasin Creek (46.4544, –123.4732); Kessel 17080006—(i) Big Creek Watershed Creek (46.3336, –123.5850); King Creek (8) Maps of critical habitat for the 1708000602. Outlet(s) = Big Creek (Lat (46.3444, –123.5774); Lassila Creek Columbia River chum salmon ESU 46.1848, Long –123.5943) upstream to (46.3343, –123.7108); Mitchell Creek follow: endpoint(s) in: Big Creek (46.1476, (46.4512, –123.4269); South Fork Grays BILLING CODE 3510–22–P
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00119 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52748 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00120 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.119 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52749
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00121 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.120 52750 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00122 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.121 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52751
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00123 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.122 52752 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00124 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.123 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52753
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00125 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.124 52754 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00126 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.125 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52755
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00127 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.126
(o) Ozette Lake Sockeye Salmon to endpoints in: Big River (48.1844, –124.5787); Unnamed (48.1771, (Oncorhynchus nerka). Critical habitat –124.4987); Coal Creek (48.1631, –124.5967); Unnamed (48.1740, is designated to include the areas –124.6612); East Branch Umbrella Creek –124.6005); Unnamed (48.1649, defined in the following subbasin: (48.1835, –124.5659); North Fork –124.5208). (1) Hoh/Quillayute Subbasin Crooked Creek (48.1020, –124.5507); (ii) [Reserved] 17100101—(i) Ozette Lake Watershed Ozette River (48.0370, –124.6218); (2) A map of critical habitat for the 1710010102. Outlet(s) = Ozette River South Fork Crooked Creek (48.0897, Ozette Lake sockeye salmon ESU (Lat 48.1818, Long –124.7076) upstream –124.5597); Umbrella Creek (48.2127, follows:
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00128 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52757
BILLING CODE 3510–22–P
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00129 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.128 52758 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(p) Upper Columbia River Steelhead (Lat 48.7501, Long –120.1356) upstream Tarpiscan Creek (47.2264, –120.0922); (Oncorhynchus mykiss). Critical habitat to endpoint(s) in: Andrews Creek Tekison Creek (47.1816, –120.0206). is designated to include the areas (48.7855, –120.1087); Chewuch River (iv) Columbia River/Sand Hollow defined in the following subbasins: (48.8614, –120.0288); Lake Creek Watershed 1702001004. Outlet(s) = (1) Chief Joseph Subbasin 17020005— (48.8258, –120.1996). Columbia River (Lat 46.8159, Long Upper Columbia/Swamp Creek (iv) Lower Chewuch River Watershed –119.9255) upstream to endpoint(s) in: Watershed 1702000505. Outlet(s) = 1702000804. Outlet(s) = Chewuch River Columbia River (47.0494, –120.0241); Columbia River (Lat 47.8077, Long (Lat 48.4751, Long –120.1790) upstream Sand Hollow (46.9296, –119.9365); –119.9754) upstream to endpoint(s) in: to endpoint(s) in: Boulder Creek Whiskey Dick Creek (47.0302, Columbia River (48.0828, –119.7062). (48.5804, –120.1521); Chewuch River –120.0331). (2) Okanogan Subbasin 17020006—(i) (48.7501, –120.1356); Eightmile Creek (6) Wenatchee Subbasin 17020011— Upper Okanogan River Watershed (48.6167, –120.1975); Twentymile Creek (i) White River Watershed 1702001101. 1702000601. Outlet(s) = Okanogan River (48.7025, –120.1087). Outlet(s) = White River (Lat 47.8088, (Lat 48.7350, Long –119.4280) upstream (v) Twisp River Watershed Long –120.7159) upstream to to endpoint(s) in: Antoine Creek 1702000805. Outlet(s) = Twisp River endpoint(s) in: Little Wenatchee River (48.7474, –119.3655); Ninemile Creek (Lat 48.3682, Long –120.1176) upstream (47.8526, –120.9541); Napeequa River (48.9755, –119.3834); Okanogan River to endpoint(s) in: Buttermilk Creek (47.9359, –120.8712); Panther Creek (49.0002, –119.4409); Similkameen 48.3414, –120.3034); Eagle Creek (47.9375, –120.9408); White River River (48.9345, –119.4411); Tomasket (48.3579, –120.3953); Little Bridge (47.9535, –120.9380). Creek (48.9502, –119.3618); Whitestone Creek (48.4289, –120.3552); South Creek (ii) Chiwawa River Watershed Creek (48.7773, –119.4170). (48.4329, –120.5434); Twisp River 1702001102. Outlet(s) = Chiwawa River (ii) Okanogan River/Bonaparte Creek (48.4545, –120.5621); War Creek (Lat 47.7880, Long –120.6589) upstream Watershed 1702000602. Outlet(s) = (48.3626, –120.4106). to endpoint(s) in: Alder Creek (47.8565, Okanogan River (Lat 48.5612, Long (vi) Middle Methow River Watershed –120.6564); Alpine Creek (48.0823, –119.4863) upstream to endpoint(s) in: 1702000806. Outlet(s) = Methow River –120.8683); Buck Creek (48.1045, Aeneas Creek (48.6629, –119.4953); (Lat 48.2495, Long –120.1156) upstream –120.8815); Chikamin Creek (47.9111, Bonaparte Creek (48.6824, –119.3947); to endpoint(s) in: Goat Creek (48.6101, –120.7165); Chiwawa River (48.1140, Okanogan River (48.7350, –119.4280); –120.3692); Hancock Creek (48.5338, –120.8775); Clear Creek (47.8016, Tunk Creek (48.5644, –119.4718). –120.3310); Little Boulder Creek –120.6210); James Creek (48.0748, (iii) Salmon Creek Watershed (48.5569, –120.3847); Methow River –120.8598); Phelps Creek (48.0743, 1702000603. Outlet(s) = Salmon Creek (48.6015, –120.4376); North Fork Beaver –120.8484); Unnamed (47.9727, (Lat 48.3593, Long –119.5805) upstream Creek (48.4340, –120.0228); Wolf Creek –120.7878). to endpoint(s) in: Salmon Creek (48.4777, –120.2844). (iii) Nason/Tumwater Watershed (48.5374, –119.7465). (vii) Lower Methow River Watershed 1702001103. Outlet(s) = Wenatchee (iv) Okanogan River/Omak Creek 1702000807. Outlet(s) = Methow River River (Lat 47.5801, Long –120.6660) Watershed 1702000604. Outlet(s) = (Lat 48.0502, Long –119.8942) upstream upstream to endpoint(s) in: Beaver Okanogan River (Lat 48.3593, Long to endpoint(s) in: Black Canyon Creek Creek (47.7649, –120.6553); Chiwaukum –119.5805) upstream to endpoint(s) in: (48.0721, –120.0168); Foggy Dew Creek Creek (47.7038, –120.7788); Coulter Okanogan River (48.5612, –119.4863); (48.1869, –120.2344); Gold Creek Creek (47.7594, –120.7969); Gill Creek Omak Creek (48.3698, –119.4365); (48.2113, –120.2021); Libby Creek (47.7716, –120.8237); Kahler Creek Unnamed (48.3802, –119.4915). (48.2548, –120.1653); Methow River (47.7691, –120.7558); Mill Creek (v) Lower Okanogan River Watershed (48.2495, –120.1156); South Fork Gold (47.7744, –121.0117); Nason Creek 1702000605. Outlet(s) = Okanogan River Creek (48.1468, –120.1650). (47.7825, –121.0464); Roaring Creek (Lat 48.0976, Long –119.7352) upstream (5) Upper Columbia/Entiat Subbasin (47.7572, –120.8203); Skinney Creek to endpoint(s) in: Chiliwist Creek 17020010—(i) Entiat River Watershed (47.7247, –120.7370). (48.2643, –119.7304); Loup Loup Creek 1702001001. Outlet(s) = Entiat River (iv) Icicle/Chumstick Watershed (48.3080, –119.7128); Okanogan River (Lat 47.6585, Long –120.2194) upstream 1702001104. Outlet(s) = Wenatchee (48.3593, –119.5805). to endpoint(s) in: Entiat River (47.9855, River (Lat 47.5575, Long –120.5729) (3) Similkameen Subbasin –120.5749); Mad River (47.8254, upstream to endpoint(s) in: Chumstick 17020007—Lower Similkameen River –120.5301); Potato Creek (47.7944, Creek (47.6785, –120.6385); Derby Watershed 1702000704. Outlet(s) = –120.3889); Roaring Creek (47.6795, Canyon (47.6036, –120.5623); Eagle Similkameen River (Lat 48.9345, Long –120.4163); Stormy Creek (47.8246, Creek (47.6342, –120.6261); Icicle Creek –119.4411) upstream to endpoint(s) in: –120.4125); Tamarack Creek (47.6699, (47.6460, –120.9833); Wenatchee River Similkameen River (48.9657, –120.4041); Tillicum Creek (47.7295, (47.5801, –120.6660). –119.5009). –120.4303). (v) Lower Wenatchee River Watershed (4) Methow Subbasin 17020008—(i) (ii) Lake Entiat Watershed 1702001105. Outlet(s) = Wenatchee Lost River Watershed 1702000801. 1702001002. Outlet(s) = Columbia River River (Lat 47.4553, Long –120.3185) Outlet(s) = Lost River Gorge (Lat (Lat 47.3539, Long –120.1105) upstream upstream to endpoint(s) in: Brender 48.6501, Long –120.5103) upstream to to endpoint(s) in: Columbia River Creek (47.5214, –120.4844); Ingalls endpoint(s) in: Lost River Gorge (47.8077, –119.9754). Creek (47.4612, –120.6776); King (48.7324, –120.4475). (iii) Columbia River/Lynch Coulee Canyon (47.3522, –120.4423); Mill (ii) Upper Methow River Watershed Watershed 1702001003. Outlet(s) = Creek (47.5139, –120.6724); Mission 1702000802. Outlet(s) = Methow River Columbia River (Lat 47.0494, Long Creek (47.3289, –120.4771); Peshastin (Lat 48.6015, Long –120.4376) upstream –120.0241) upstream to endpoint(s) in: Creek (47.4380, –120.6590); Sand Creek to endpoint(s) in: Early Winters Creek Brushy Creek (47.1316, –120.1493); (47.4321, –120.5307); Wenatchee River (48.5889, –120.4711); Methow River Colockum Creek (47.2919, –120.1592); (47.5575, –120.5729). (48.6597, –120.5368). Columbia River (47.3539, –120.1105); (7) Lower Crab Subbasin 17020015— (iii) Upper Chewuch River Watershed Lynch Coulee (47.2320, –119.9943); Lower Crab Creek Watershed 1702000803. Outlet(s) = Chewuch River Quilomene Creek (47.1105, –120.0379); 1702001509. Outlet(s) = Lower Crab
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00130 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52759
Creek (Lat 46.8159, Long –119.9255) Outlet(s) = Columbia River (Lat 46.7159, –119.2268) upstream to endpoint(s) in: upstream to endpoint(s) in: Hayes Creek Long –119.5294) upstream to Columbia River (46.5091, –119.2661). (46.8821, –119.2703); Lower Crab Creek endpoint(s) in: Columbia River (9) Columbia River Corridor— (46.9028, –119.2785); Unnamed (46.8159, –119.9255). Columbia River Corridor (46.8157, –119.4326); Unnamed (ii) Middle Columbia/Priest Rapids Outlet(s) = Columbia River (Lat (46.8243, –119.4429); Unnamed Watershed 1702001605. Outlet(s) = 46.2485, Long –124.0782) upstream to (46.8353, –119.3750); Unnamed Columbia River (Lat 46.5091, Long endpoint(s) in: Columbia River (46.8658, –119.3757); Unnamed –119.2661) upstream to endpoint(s) in: (46.2534, –119.2268). (46.8770, –119.5863). Columbia River (46.7159, –119.5294). (10) Maps of critical habitat for the (8) Upper Columbia/Priest Rapids (iii) Columbia River/Zintel Canyon Upper Columbia River Steelhead ESU Subbasin 17020016—(i) Yakima River/ Watershed 1702001606. Outlet(s) = follow: Hanson Creek Watershed 1702001604. Columbia River (Lat 46.2534, Long BILLING CODE 3510–22–P
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00131 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52760 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00132 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.129 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52761
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00133 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.130 52762 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00134 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.131 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52763
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00135 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.132 52764 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00136 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.133 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52765
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00137 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.134 52766 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00138 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.135 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52767
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00139 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.136 52768 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00140 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.137 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52769
BILLING CODE 3510–22–C (q) Snake River Basin Steelhead is designated to include the areas (Oncorhynchus mykiss). Critical habitat defined in the following subbasins:
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00141 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.138 52770 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(1) Hells Canyon Subbasin Crazyman Creek (45.190, –116.811); Dry –116.834); Lightning Creek (45.447, 17060101—(i) Snake River/Granite Creek (45.123, –116.867); Gumboot –116.682); Prong (45.589, –116.592); Creek Watershed 1706010101. Outlet(s) Creek (45.147, –116.968); Mahogany Pumpkin Creek (45.517, –116.758); = Snake River (Lat 45.467, Long Creek (45.201, –116.905); North Fork Sleepy Creek (45.604, –116.666); –116.554) upstream to endpoint(s) in: Dry Creek (45.143, –116.850); North Stubblefield Fork (45.711, –116.815); Battle Creek (45.307, –116.697); Bernard Fork Gumboot Creek (45.184, –116.928); Tulley Creek (45.743, –116.766). Creek (45.387, –116.569); Brush Creek North Fork Imnaha River (45.118, (3) Lower Snake/Asotin Subbasin (45.275, –116.657); Bull Creek (45.329, –117.129); Skookum Creek (45.117, 17060103—(i) Snake River/Rogersburg –116.673); Deep Creek (45.237, –116.938); South Fork Imnaha River Watershed 1706010301. Outlet(s) = –116.674); Devils Farm Creek (45.301, (45.111, –117.230); Unnamed (45.188, Snake River (Lat 46.080, Long –116.978) –116.611); Granite Creek (45.277, –116.923); Unnamed (45.208, –116.890). upstream to endpoint(s) in: Cache Creek –116.630); Hells Canyon (45.254, (ii) Middle Imnaha River Watershed (45.976, –116.928); Cave Gulch (46.023, –116.698); Lightning Creek (45.440, 1706010202. Outlet(s) = Imnaha River –116.840); Cook Creek (45.901, –116.500); Little Granite Creek (45.335, (Lat 45.557, Long –116.834) upstream to –116.865); Corral Creek (46.055, –116.636); North Fork Battle Creek endpoint(s) in: Freezeout Creek (45.352, –116.875); Cottonwood Creek (45.944, (45.316, –116.687); Rattlesnake Creek –116.761); Grouse Creek (45.179, –116.860); Garden Creek (45.972, (45.457, –116.610); Rough Creek –116.976); Imnaha River (45.232, –116.903); Snake River (45.857, (45.397, –116.638); Rush Creek (45.468, –116.844); Morgan Creek (45.261, –116.794). –116.596); Saddle Creek (45.375, –116.948); Rich Creek (45.243, (ii) Asotin River Watershed –116.721); Sheep Creek (45.406, –116.869); Road Creek (45.279, 1706010302. Outlet(s) = Asotin Creek –116.523); Sluice Creek (45.445, –116.932); Shadow Canyon (45.295, (Lat 46.345, Long –117.053) upstream to –116.622); Snake River (45.243, –116.860); Summit Creek (45.228, endpoint(s) in: Ayers Gulch (46.278, –116.700); Stud Creek (45.267, –116.793); Unnamed (45.203, –116.978); –117.094); Charley Creek (46.271, –116.693); Three Creek (45.353, Unnamed (45.203, –116.943); Unnamed –117.460); Coombs Canyon (46.128, –116.610); Unnamed (45.468, –116.610); (45.250, –116.923). –117.276); George Creek (46.144, Unnamed (45.4787, –116.4799); Wild (iii) Big Sheep Creek Watershed –117.303); Hefflefinger Gulch (46.151, Sheep Creek (45.326, –116.676). 1706010203. Outlet(s) = Big Sheep –117.231); Huber Gulch (46.155, (ii) Snake River/Getta Creek Creek (Lat 45.520, Long –116.859) –117.188); Kelly Creek (46.251, Watershed 1706010102. Outlet(s) = upstream to endpoint(s) in: Big Sheep –117.114); Lick Creek (46.260, Snake River (Lat 45.747, Long –116.543) Creek (45.171, –117.086); Carrol Creek –117.358); Middle Branch North Fork upstream to endpoint(s) in: Big Canyon (45.240, –117.063); Griffith Creek Asotin Creek (46.195, –117.439); Nims Creek (45.689, –116.467); Corral Creek (45.273, –117.061); Lick Creek (45.133, Gulch (46.178, –117.121); North Fork (45.588, –116.433); Cove Creek (45.553, –117.056); Marr Creek (45.299, Asotin Creek (46.207, –117.478); Pintler –116.574); Durham Creek (45.595, –116.949); North Fork Carrol Creek Creek (46.194, –117.153); South Fork –116.472); Getta Creek (45.736, (45.295, –116.993); South Fork Squaw Asotin Creek (46.174, –117.341); South –116.421); Highrange Creek (45.738, Creek (45.354, –116.872); Tyee Creek Fork North Fork Asotin Creek (46.192, –116.518); Indian Creek (45.744, (45.188, –116.991); Unnamed (45.164, –117.425). –116.449); Jones Creek (45.703, –117.023); Unnamed (45.239, –117.045); (iii) Snake River/Captain John Creek –116.526); Kirby Creek (45.575, Unnamed (45.297, –116.940). Watershed 1706010303. Outlet(s) = –116.454); Kirkwood Creek (45.548, (iv) Little Sheep Creek Watershed Snake River (Lat 46.428, Long –117.038) –116.457); Klopton Creek (45.627, 1706010204. Outlet(s) = Big Sheep upstream to endpoint(s) in: Captain –116.434); Kurry Creek (45.656, Creek (Lat 45.557, Long –116.834) John Creek (46.145, –116.821); Couse –116.426); Lookout Creek (45.713, upstream to endpoint(s) in: Bear Gulch Creek (46.157, –117.032); Edeburn –116.542); Lost Valley Creek (45.550, (45.379, –116.955); Big Sheep Creek Gulch (46.142, –117.008); Mill Creek –116.482); Pleasant Valley Creek (45.520, –116.859); Camp Creek (45.544, (46.157, –117.078); Redbird Creek (45.647, –116.492); Salt Creek (45.576, –116.959); Canal Creek (45.256, (46.220, –116.898); Snake River (46.080, –116.554); SCreek (45.491, –116.574); –117.103); Devils Gulch (45.428, –116.978); South Fork Captain John Snake River (45.468, –116.554); Somers –116.962); Downey Gulch (45.405, Creek (46.123, –116.864); Tammany Creek (45.645, –116.553); Temperance –116.958); Ferguson Creek (45.267, Creek (46.362, –117.052); Tenmile Creek (45.537, –116.571); Tryon Creek –117.106); Lightning Creek (45.475, Canyon (46.284, –116.976); Tenmile (45.694, –116.540); Two Corral Creek –117.020); Little Sheep Creek (45.236, Creek (46.123, –117.086); Unnamed (45.561, –116.526); Unnamed (45.5817, –117.083); McCully Creek (45.295, (46.119, –117.100); Unnamed (46.124, –116.5098); West Creek (45.664, –117.107); Redmont Creek (45.250, –117.111). –116.453); West Fork West Creek –117.099); South Fork Lightning Creek (4) Upper Grande Ronde River (45.669, –116.463). (45.473, –117.019); Summit Creek Subbasin 17060104—(i) Upper Grande (iii) Snake River/Divide Creek (45.390, –116.930); Threebuck Creek Ronde River Watershed 1706010401. Watershed 1706010104. Outlet(s) = (45.395, –117.012); Trail Creek (45.563, Outlet(s) = Grande Ronde River (Lat Snake River (Lat 45.857 Long –116.794) –116.898). 45.264, Long –118.376) upstream to upstream to endpoint(s) in: Divide (v) Lower Imnaha River Watershed endpoint(s) in: Chicken Creek (44.987, Creek (45.859, –116.741); Dry Creek 1706010205. Outlet(s) = Imnaha River –118.378); Clear Creek (45.014, (45.842, –116.598); Snake River (45.747, (Lat 45.817, Long –116.764) upstream to –118.329); Dry Creek (45.052, –118.380); –116.543); Unnamed (45.7599, endpoint(s) in: Corral Creek (45.708, East Fork Grande Ronde River (45.060, –116.6456); Wolf Creek (45.776, –116.815); Cottonwood Creek (45.659, –118.237); East Sheep Creek (44.987, –116.567). –116.865); Cow Creek (45.573, –118.425); Fly Creek (45.125, –118.596); (2) Imnaha River Subbasin –116.628); Dodson Fork (45.725, Grande Ronde River (44.998, –118.273); 17060102—(i) Upper Imnaha River –116.821); East Fork Fence Creek Limber Jim Creek (45.107, –118.270); Watershed 1706010201. Outlet(s) = (45.652, –116.855); Fence Creek (45.655, Little Clear Creek (45.038, –118.300); Imnaha River (Lat 45.232, Long –116.875); Horse Creek (45.421, Little Fly Creek (45.062, –118.504); –116.844) upstream to endpoint(s) in: –116.725); Imnaha River (45.557, Lookout Creek (45.065, –118.543); Muir
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00142 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52771
Creek (45.066, –118.297); North Fork Creek (45.430, –118.192); Middle Fork –117.787); Unnamed (45.375, –117.739); Limber Jim Creek (45.125, –118.308); Five Points Creek (45.485, –118.129); Mt Unnamed (45.476, –117.757). Sheep Creek (45.016, –118.507); South Emily Creek (45.465, –118.125); Pelican (x) Lookingglass Creek Watershed Fork Limber Jim Creek (45.088, Creek (45.438, –118.318); Tie Creek 1706010410. Outlet(s) = Lookingglass –118.304); Squaw Creek (45.103, (45.420, –118.129); Unnamed (45.385, Creek (Lat 45.707, Long –117.841) –118.554); Umapine Creek (45.116, –118.043); Unnamed (45.423, –118.243). upstream to endpoint(s) in: Buzzard –118.571); Unnamed (45.042, –118.269); (v) Catherine Creek Watershed Creek (45.845, –117.939); Eagle Creek Unnamed (45.045, –118.417); West 1706010405. Outlet(s) = Catherine Creek (45.723, –118.005); Jarboe Creek (45.776, Chicken Creek (45.025, –118.404); (Lat 45.219, Long –117.915) upstream to –117.855); Little Lookingglass Creek Winter Canyon (45.215, –118.361). endpoint(s) in: Buck Creek (45.132, (45.848, –117.901); Lookingglass Creek (ii) Meadow Creek Watershed –117.606); Camp Creek (45.100, (45.777, –118.070); Mottet Creek 1706010402. Outlet(s) = Meadow Creek –117.596); Collins Creek (45.100, (45.827, –117.958); Unnamed (45.835, (Lat 45.264, Long –118.376) upstream to –117.531); Corral Creek (45.113, –117.869); Unnamed (45.844, –117.893). endpoint(s) in: Battle Creek (45.216, –117.575); Little Catherine Creek (xi) Grande Ronde River/Cabin Creek –118.507); Bear Creek (45.210, (45.148, –117.716); Middle Fork Watershed 1706010411. Outlet(s) = –118.577); Burnt Corral Creek (45.159, Catherine Creek (45.155, –117.567); Grande Ronde River (Lat 45.726, Long –118.524); Dark Canyon (45.382, Milk Creek (45.092, –117.717); North –117.784) upstream to endpoint(s) in: –118.394); East Burnt Corral Creek Fork Catherine Creek (45.221, Buck Creek (45.662, –117.919); Duncan (45.173, –118.498); Ensign Creek –117.610); Pole Creek (45.123, Canyon (45.654, –117.776); East Phillips (45.361, –118.554); Little Dark Canyon –117.544); Prong Creek (45.096, Creek (45.669, –118.066); Gordon Creek (45.322, –118.418); Marley Creek –117.565); SPass Creek (45.115, (45.665, –118.001); Grande Ronde River (45.177, –118.476); McCoy Creek –117.528); Scout Creek (45.105, (45.560, –117.910); Little Phillips Creek (45.322, –118.628); McIntyre Creek –117.644); South Fork Catherine Creek (45.668, –118.036); North Fork Cabin (45.345, –118.459); Meadow Creek (45.116, –117.503); Unnamed (45.104, Creek (45.721, –117.929); Pedro Creek (45.286, –118.716); Peet Creek (45.233, –117.685). (45.676, –118.051); Phillips Creek (45.666, –118.089); Rysdam Canyon –118.611); Smith Creek (45.295, (vi) Ladd Creek Watershed (45.633, –117.812); South Fork Cabin –118.594); Sullivan Gulch (45.200, 1706010406. Outlet(s) = Ladd Creek (Lat Creek (45.698, –117.963); Unnamed –118.515); Syrup Creek (45.296, 45.282, Long –117.936) upstream to (45.661, –117.930); Unnamed (45.672, –118.543); Tybow Canyon (45.214, endpoint(s) in: Catherine Creek (45.219, –117.941); Unnamed (45.682, –117.974); –118.467); Unnamed (45.206, –118.552); –117.915); Ladd Creek (45.215, Unnamed (45.695, –117.927); Unnamed Unnamed (45.275, –118.695); Unnamed –118.024); Little Creek (45.210, (45.295, –118.718); Unnamed (45.330, (45.707, –117.916). –117.784); Mill Creek (45.263, –118.551); Waucup Creek (45.243, (5) Wallowa River Subbasin –118.083); Unnamed (45.259, –118.039). –118.660). 17060105—(i) Upper Wallowa River (iii) Grande Ronde River/Beaver Creek (vii) Grande Ronde River/Mill Creek Watershed 1706010501. Outlet(s) = Watershed 1706010403. Outlet(s) = Watershed 1706010407. Outlet(s) = Wallowa River (Lat 45.427, Long Grande Ronde River (Lat 45.347, Long Grande Ronde River (Lat 45.408, Long –117.310) upstream to endpoint(s) in: –118.221) upstream to endpoint(s) in: –117.930) upstream to endpoint(s) in: Hurricane Creek (45.337, –117.291); Bear Creek (45.283, –118.270); Beaver Catherine Creek (45.282, –117.936); Little Hurricane Creek (45.407, Creek (45.146, –118.206); Dry Beaver McAlister Slough (45.315, –117.973); –117.276); Prairie Creek (45.394, Creek (45.168, –118.316); East Fork Mill Creek (45.278, –117.728); Unnamed –117.189); Spring Creek (45.406, Rock Creek (45.166, –118.111); Grande (45.297, –117.806). –117.287); Trout Creek (45.455, Ronde River (45.264, –118.376); Graves (viii) Phillips Creek/Willow Creek –117.281); Unnamed (45.387, –117.215); Creek (45.245, –118.161); Hoodoo Creek Watershed 1706010408. Outlet(s) = Unnamed (45.392, –117.214); Unnamed (45.154, –118.259); Jordan Creek Willow Creek (Lat 45.492, Long (45.411, –117.264); Unnamed (45.412, (45.162, –118.187); Little Beaver Creek –117.931) upstream to endpoint(s) in: –117.156); Unnamed (45.424, –117.313); (45.185, –118.333); Little Whiskey Creek Dry Creek (45.640, –118.114); End Creek Wallowa River (45.335, –117.222). (45.209, –118.178); Rock Creek (45.172, (45.4622, –118.0316); Finley Creek (ii) Lostine River Watershed –118.139); Sheep Creek (45.281, (45.625, –118.099); Fir Creek (45.5171, 1706010502. Outlet(s) = Lostine River –118.130); South Fork Spring Creek –118.0568); Little Dry Creek (45.5348, (Lat 45.552, Long –117.489) upstream to (45.346, –118.363); Spring Creek –118.0393); McDonald Creek (45.5348, endpoint(s) in: Lostine River (45.245, (45.396, –118.372); Unnamed (45.167, –118.0393); Mill Creek (45.568, –117.375); Silver Creek (45.394, –118.144); Unnamed (45.227, –118.262); –118.025); Slide Creek (45.422, –117.420). Unnamed (45.231, –118.279); Unnamed –118.028); Smith Creek (45.5256, (iii) Middle Wallowa River Watershed (45.232, –118.091); Unnamed (45.240, –118.0537); Unnamed (45.525, 1706010503. Outlet(s) = Wallowa River –118.257); Watermelon Creek (45.195, –118.014). (Lat 45.584, Long –117.540) upstream to –118.277); Whiskey Creek (45.198, (ix) Grande Ronde River/Indian Creek endpoint(s) in: Middle Fork Whisky –118.181). Watershed 1706010409. Outlet(s) = Creek (45.590, –117.342); North Fork (iv) Grande Ronde River/Five Points Grande Ronde River (Lat 45.560, Long Whisky Creek (45.614, –117.331); Creek Watershed 1706010404. Outlet(s) –117.910) upstream to endpoint(s) in: Parsnip Creek (45.533, –117.419); South = Grande Ronde River (Lat 45.408, Long Camp Creek (45.386, –117.720); Clark Fork Whisky Creek (45.590, –117.413); –117.930) upstream to endpoint(s) in: Creek (45.409, –117.728); East Fork Straight Whisky Creek (45.622, California Gulch (45.406, –118.335); Indian Creek (45.363, –117.737); Grande –117.396); Wallowa River (45.427, Conley Creek (45.406, –118.084); Ronde River (45.408, –117.930); Indian –117.310); Whisky Creek (45.608, Dobbin Ditch (45.377, –118.017); Dry Creek (45.332, –117.717); Little Indian –117.397). Creek (45.426, –118.379); Fiddlers Hell Creek (45.375, –117.785); Middle Fork (iv) Bear Creek Watershed (45.443, –118.145); Five Points Creek Clark Creek (45.462, –117.764); North 1706010504. Outlet(s) = Bear Creek (Lat (45.482, –118.143); Grande Ronde River Fork Clark Creek (45.502, –117.733); 45.584, Long –117.540) upstream to (45.347, –118.221); Little John Day North Fork Indian Creek (45.419, endpoint(s) in: Bear Creek (45.347,
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00143 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52772 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
–117.500); Doc Creek (45.449, Creek (45.765, –117.528); Wildcat Creek –116.962); Joseph Creek (45.823, –117.572); Fox Creek (45.447, –117.562); (45.732, –117.489). –117.231); Peavine Creek (45.879, Goat Creek (45.413, –117.519); Little (iii) Wenaha River Watershed –117.162); Rush Creek (45.899, Bear Creek (45.456, –117.500). 1706010603. Outlet(s) = Wenaha River –117.150); Tamarack Creek (45.964, (v) Minam River Watershed (Lat 45.946, Long –117.450) upstream to –117.127); Unnamed (45.826, –116.957); 1706010505. Outlet(s) = Minam River endpoint(s) in: Beaver Creek (46.002, West Fork Broady Creek (45.862, (Lat 45.621, Long –117.720) upstream to –117.815); Crooked Creek (46.046, –117.102). endpoint(s) in: Cougar Creek (45.517, –117.624); First Creek (46.071, (vii) Lower Grande Ronde River/ –117.672); Elk Creek (45.157, –117.480); –117.519); Melton Creek (46.060, Menatchee Creek Watershed Little Minam River (45.338, –117.643); –117.566); Milk Creek (45.973, 1706010607. Outlet(s) = Grande Ronde Minam River (45.149, –117.392); –117.902); North Fork Wenaha River River (Lat 46.080, Long –116.978) Murphy Creek (45.414, –117.644); North (46.064, –117.912); Rock Creek (45.999, upstream to endpoint(s) in: Bear Creek Minam River (45.275, –117.520); Patrick –117.766); Second Creek (46.065, (45.973, –117.455); Buford Creek Creek (45.426, –117.645); Squaw Creek –117.595); Slick Ear Creek (45.983, (45.975, –117.276); Cottonwood Creek (45.576, –117.706); Trout Creek (45.471, –117.784); South Fork Wenaha River (46.071, –117.301); Cougar Creek –117.652). (45.872, –117.897); Third Creek (46.089, (46.049, –117.327); Deer Creek (45.992, (vi) Lower Wallowa River Watershed –117.627); Weller Creek (45.989, –117.191); East Bear Creek (45.960, 1706010506. Outlet(s) = Wallowa River –117.648); West Fork Butte Creek –117.307); Grande Ronde River (45.946, (Lat 45.726, Long –117.784) upstream to (46.064, –117.759). –117.450); Grouse Creek (46.031, endpoint(s) in: Deer Creek (45.452, (iv) Chesnimnus Creek Watershed –117.460); Menatchee Creek (46.018, –117.606); Dry Creek (45.650, –117.439); 1706010604. Outlet(s) = Chesnimnus –117.371); Rattlesnake Creek (46.079, Fisher Creek (45.666, –117.750); Creek (Lat 45.715, Long –117.155) –117.204); Shumaker Creek (46.049, Howard Creek (45.735, –117.695); upstream to endpoint(s) in: Alder Creek –117.117); West Bear Creek (45.951, Reagin Gulch (45.670, –117.559); Rock (45.702, –116.997); Billy Creek (45.815, –117.337); West Branch Rattlesnake Creek (45.679, –117.620); Sage Creek –117.032); Butte Creek (45.641, Creek (46.086, –117.258). (45.486, –117.590); Tamarack Canyon –117.096); Chesnimnus Creek (45.718, (7) Lower Snake/Tucannon Subbasin (45.656, –117.518); Unnamed (45.618, –116.906); Deadman Gulch (45.659, 17060107—(i) Alpowa Creek Watershed –117.629); Unnamed (45.654, –117.442); –117.049); Devils Run Creek (45.775, 1706010701. Outlet(s) = Alpowa Creek Unnamed (45.678, –117.556); Wallowa –116.882); Doe Creek (45.751, (Lat 46.422, Long –117.203) upstream to River (45.584, –117.540); Water Canyon –117.029); Dry Salmon Creek (45.663, endpoint(s) in: Kidwell Gulch (46.338, (45.589, –117.614); Wise Creek (45.671, –117.051); East Fork Peavine Creek –117.480); Page Creek (46.402, –117.705). (45.830, –117.061); Gooseberry Creek –117.210); Pow Wah Kee Creek (46.389, (6) Lower Grande Ronde Subbasin (45.681, –117.110); McCarty Gulch –117.288). 17060106—(i) Grande Ronde River/ (45.749, –117.064); Peavine Creek (ii) Snake River/Steptoe Canyon Rondowa Watershed 1706010601. (45.795, –117.084); Pine Creek (45.673, Watershed 1706010702. Outlet(s) = Outlet(s) = Grande Ronde River (Lat –117.029); Poison Creek (45.791, Snake River (Lat 46.660, Long –117.433) 45.896, Long –117.493) upstream to –116.979); Salmon Creek (45.662, upstream to endpoint(s) in: Offield endpoint(s) in: Alder Creek (45.844, –117.038); South Fork Chesnimnus Canyon (46.648, –117.420); Snake River –117.750); Bear Creek (45.885, Creek (45.743, –116.861); Sterling Gulch (46.428, –117.038); Steptoe Canyon –117.752); Clear Creek (45.775, (45.712, –117.000); Summit Creek (46.455, –117.192); Truax Canyon –117.714); Deep Creek (45.817, (45.794, –116.947); Telephone Gulch (46.565, –117.348); Wawawai Canyon –117.651); East Grossman Creek (45.819, (45.767, –117.076); TNT Gulch (45.754, (46.636, –117.375). –117.625); Elbow Creek (45.927, –116.919); Unnamed (45.694, –117.013); (iii) Deadman Creek Watershed –117.630); Grande Ronde River (45.726, Unnamed (45.709, –116.878); Unnamed 1706010703. Outlet(s) = Deadman Creek –117.784); Grossman Creek (45.732, (45.724, –116.867); Unnamed (45.742, (Lat 46.626, Long –117.799) upstream to –117.614); Meadow Creek (45.825, –117.090); Unnamed (45.825, –117.004); endpoint(s) in: Deadman Gulch (46.574, –117.760); Sheep Creek (45.756, Unnamed (45.838, –117.009); Unnamed –117.565); Lynn Gulch (46.628, –117.797); Sickfoot Creek (45.842, (45.846, –117.029); West Fork Peavine –117.597); North Deadman Creek –117.567); Unnamed (45.746, –117.656). Creek (45.805, –117.100). (46.578, –117.457); North Meadow (ii) Grande Ronde River/Mud Creek (v) Upper Joseph Creek Watershed Creek (46.517, –117.489); South Watershed 1706010602. Outlet(s) = 1706010605. Outlet(s) = Joseph Creek Meadow Creek (46.507, –117.508). Grande Ronde River (Lat 45.946, Long (Lat 45.823, Long –117.231) upstream to (iv) Upper Tucannon River Watershed –117.450) upstream to endpoint(s) in: endpoint(s) in: Alford Gulch (45.729, 1706010706. Outlet(s) = Tucannon River Bishop Creek (45.747, –117.555); Bobcat –117.165); Cougar Creek (45.806, (Lat 46.509, Long –117.995) upstream to Creek (45.853, –117.370); Buck Creek –117.150); Crow Creek (45.536, endpoint(s) in: Cummings Creek (45.758, –117.298); Burnt Creek (45.769, –117.115); Davis Creek (45.658, (46.235, –117.610); Little Tucannon –117.283); Courtney Creek (45.857, –117.257); Elk Creek (45.598, –117.167); River (46.221, –117.758); Meadow Creek –117.314); Grande Ronde River (45.896, Gould Gulch (45.657, –117.181); Little (46.163, –117.728); Panjab Creek –117.493); Little Courtney Canyon Elk Creek (45.694, –117.199); Sumac (46.171, –117.709); Sheep Creek (46.196, (45.903, –117.385); McAllister Creek Creek (45.753, –117.148); Swamp Creek –117.623); Tucannon River (46.168, (45.683, –117.361); McCubbin Creek (45.543, –117.218); Unnamed (45.597, –117.559); Tumalum Creek (46.315, (45.700, –117.294); Mud Creek (45.633, –117.141). –117.585). –117.291); Unnamed (45.867, –117.329); (vi) Lower Joseph Creek Watershed (v) Lower Tucannon River Watershed Shamrock Creek (45.828, –117.335); 1706010606. Outlet(s) = Joseph Creek 1706010707. Outlet(s) = Tucannon River Simmons Draw (45.730, –117.514); Sled (Lat 46.053, Long –117.005) upstream to (Lat 46.558, Long –118.174) upstream to Creek (45.730, –117.278); Teepee Creek endpoint(s) in: Basin Creek (45.910, endpoint(s) in: Kellogg Creek (46.430, (45.694, –117.349); Tope Creek (45.634, –117.057); Broady Creek (45.882, –118.067); Smith Hollow (46.463, –117.330); Unnamed (45.710, –117.283); –117.076); Cottonwood Creek (45.832, –118.017); Tucannon River (46.509, Unnamed (45.856, –117.312); Wallupa –116.950); Horse Creek (45.945, –117.995).
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00144 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52773
(vi) Snake River/Penawawa Creek (ix) Salmon River/Slate Creek Creek (44.137, –114.966); Redfish Lake Watershed 1706010708. Outlet(s) = Watershed 1706020113. Outlet(s) = Creek (44.097, –114.959). Snake River (Lat 46.589, Long –118.215) Salmon River (Lat 44.249, Long (xvii) Valley Creek/Iron Creek upstream to endpoint(s) in: Almota –114.454) upstream to endpoint(s) in: Watershed 1706020122. Outlet(s) = Creek (46.706, –117.363); Little Almota Holman Creek (44.250, –114.529); Valley Creek (Lat 44.225, Long Creek (46.715, –117.465); Penawawa Salmon River (44.254, –114.675); Silver –114.927) upstream to endpoint(s) in: Creek (46.728, –117.625); Snake River Rule Creek (44.198, –114.588); Slate Crooked Creek (44.214, –115.034); Goat (46.660, –117.433); Unnamed (46.698, Creek (44.168, –114.626); Thompson Creek (44.179, –115.008); Iron Creek –117.381). Creek (44.318, –114.588). (44.191, –115.025); Job Creek (44.242, (8) Upper Salmon Subbasin (x) Warm Springs Creek Watershed –115.027); Meadow Creek (44.190, 17060201—(i) Salmon River/Challis 1706020114. Outlet(s) = Warm Springs –114.961); Park Creek (44.281, Watershed 1706020101. Outlet(s) = Creek (Lat 44.254, Long –114.675) –115.036); Stanley Creek (44.276, Salmon River (Lat 44.692, Long upstream to endpoint(s) in: Warm –114.938); Valley Creek (44.291, –114.049) upstream to endpoint(s) in: Springs Creek (44.151, –114.718). –115.018). Challis Creek (44.563, –114.246); (xi) Salmon River/Big Casino Creek (xviii) Upper Valley Creek Watershed Salmon River (44.470, –114.192). Watershed 1706020115. Outlet(s) = 1706020123. Outlet(s) = Valley Creek (ii) Salmon River/Bayhorse Creek Salmon River (Lat 44.254, Long (Lat 44.291, Long –115.018); Stanley Watershed 1706020104. Outlet(s) = –114.675) upstream to endpoint(s) in: Lake Creek (44.2535, –115.0040) Salmon River (Lat 44.470, Long Big Casino Creek (44.216, –114.830); upstream to endpoint(s) in: East Fork –114.192) upstream to endpoint(s) in: Little Casino Creek (44.224, –114.861); Valley Creek (44.347, –114.999); Elk Bayhorse Creek (44.395, –114.308); Lower Harden Creek (44.274, –114.778); Creek (44.227, –115.145); Hanna Creek Salmon River (44.268, –114.326). Nip Tuck Creek (44.234, –114.929); (44.314, –115.041); Meadow Creek (44.291, –115.119); Stanley Lake Creek (iii) East Fork Salmon River/ Salmon River (44.169, –114.898); Upper (44.248, –115.045); Trap Creek (44.311, McDonald Creek Watershed Harden Creek (44.272, –114.791). –115.121); Valley Creek (44.392, 1706020105. Outlet(s) = East Fork (xii) Salmon River/Fisher Creek –114.980). Salmon River (Lat 44.268, Long Watershed 1706020117. Outlet(s) = (xix) Basin Creek Watershed –114.326) upstream to endpoint(s) in: Salmon River (Lat 44.169, Long 1706020124. Outlet(s) = Basin Creek Big Lake Creek (44.165, –114.394); East –114.898) upstream to endpoint(s) in: (Lat 44.264, Long –114.817) upstream to Fork Salmon River (44.147, –114.378); Decker Creek (44.072, –114.879); Gold endpoint(s) in: Basin Creek (44.361, McDonald Creek (44.091, –114.318); Creek (44.114, –114.846); Huckleberry –114.902); East Basin Creek (44.314, Pine Creek (44.136, –114.367). Creek (44.061, –114.875); Salmon River –114.823). (iv) Herd Creek Watershed (44.032, –114.836); Williams Creek (xx) Yankee Fork/Jordan Creek 1706020108. Outlet(s) = Herd Creek (Lat (44.096, –114.852). Watershed 1706020125. Outlet(s) = 44.154, Long –114.300) upstream to (xiii) Salmon River/Fourth of July Yankee Fork (Lat 44.270, Long endpoint(s) in: East Fork Herd Creek Creek Watershed 1706020118. Outlet(s) –114.734) upstream to endpoint(s) in: (44.037, –114.203); East Pass Creek = Salmon River (Lat 44.032, Long Eightmile Creek (44.448, –114.639); (44.009, –114.369); Lake Creek (44.103, –114.836) upstream to endpoint(s) in: Fivemile Creek (44.355, –114.615); –114.194); Taylor Creek (44.067, Champion Creek (44.019, –114.825); Jordan Creek (44.457, –114.752); Ramey –114.317); West Fork Herd Creek Fourth of July Creek (44.035, –114.784); Creek (44.355, –114.641); Sevenmile (44.032, –114.248). Hell Roaring Creek (44.0268, Creek (44.423, –114.608); Sixmile Creek (v) East Fork Salmon River/Big –114.9252); Salmon River (44.004, (44.394, –114.585); Yankee Fork Boulder Creek Watershed 1706020109. –114.836); Unnamed (44.017, –114.879). (44.426, –114.619). Outlet(s) = East Fork Salmon River (Lat (xiv) Upper Salmon River Watershed (xxi) West Fork Yankee Fork 44.147, Long –114.378) upstream to 1706020119. Outlet(s) = Salmon River Watershed 1706020126. Outlet(s) = endpoint(s) in: Big Boulder Creek (Lat 44.004, Long –114.836) upstream to West Fork Yankee Fork (Lat 44.351, (44.131, –114.518); East Fork Salmon endpoint(s) in: Beaver Creek (43.919, Long –114.727) upstream to endpoint(s) River (44.039, –114.461); Little Boulder –114.813); Camp Creek (43.876, in: Cabin Creek (44.428, –114.881); Creek (44.065, –114.542). –114.738); Frenchman Creek (43.822, Deadwood Creek (44.356, –114.834); (vi) Upper East Fork Salmon River –114.792); Pole Creek (43.940, Lightning Creek (44.466, –114.787); Watershed 1706020110. Outlet(s) = East –114.686); Salmon River (43.837, Sawmill Creek (44.341, –114.765); West Fork Salmon River (Lat 44.039, Long –114.759); Smiley Creek (43.829, Fork Yankee Fork (44.386, –114.919). –114.461) upstream to endpoint(s) in: –114.823); Twin Creek (43.935, (xxii) Upper Yankee Fork Watershed Bowery Creek (44.0316, –114.4587); –114.723); Unnamed (43.843, –114.742); 1706020127. Outlet(s) = Yankee Fork South Fork East Fork Salmon River Unnamed (43.990, –114.803). (Lat 44.426, Long –114.619) upstream to (43.902, –114.562); West Fork East Fork (xv) Alturas Lake Creek Watershed endpoint(s) in: Elevenmile Creek Salmon River (43.929, –114.575); West 1706020120. Outlet(s) = Alturas Lake (44.436, –114.544); McKay Creek Pass Creek (43.922, –114.446). Creek (Lat 44.004, Long –114.836) (44.475, –114.491); Ninemile Creek (vii) Germania Creek Watershed upstream to endpoint(s) in: Alpine (44.439, –114.590); Tenmile Creek 1706020111. Outlet(s) = Germania Creek Creek (43.905, –114.923); Alturas Lake (44.484, –114.646); Twelvemile Creek (Lat 44.039, Long –114.461) upstream to Creek (43.895, –114.910); Cabin Creek (44.497, –114.614); Yankee Fork endpoint(s) in: Germania Creek (44.003, (43.937, –114.856); Pettit Lake Creek (44.510, –114.588). –114.532). (43.961, –114.916); Unnamed (43.952, (xxiii) Squaw Creek Watershed (viii) Salmon River/Kinnikinic Creek –114.858); Vat Creek (43.967, –114.871); 1706020128. Outlet(s) = Squaw Creek Watershed 1706020112. Outlet(s) = Yellowbelly Creek (43.995, –114.847). (Lat 44.249, Long –114.454) upstream to Salmon River (Lat 44.268, Long (xvi) Redfish Lake Creek Watershed endpoint(s) in: Cash Creek (44.353, –114.326) upstream to endpoint(s) in: 1706020121. Outlet(s) = Redfish Lake –114.473); Cinnabar Creek (44.359, Kinnikinic Creek (44.2667, –144.4026); Creek (Lat 44.169, Long –114.898) –114.503); Squaw Creek (44.420, Salmon River (44.249, –114.454). upstream to endpoint(s) in: Fishhook –114.489).
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00145 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52774 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(xxiv) Garden Creek Watershed Moose Creek (45.346, –114.080); Salmon (xv) Upper Panther Creek Watershed 1706020129. Outlet(s) = Garden Creek River (45.320, –113.909); Wagonhammer 1706020315. Outlet(s) = Panther Creek (Lat 44.511, Long –114.203) upstream to Creek (45.395, –113.945). (Lat 45.022, Long –114.313) upstream to endpoint(s) in: Garden Creek (44.468, (vi) North Fork Salmon River endpoint(s) in: Cabin Creek (44.957, –114.325). Watershed 1706020306. Outlet(s) = –114.365); Opal Creek (44.901, (xxv) Challis Creek/Mill Creek North Fork Salmon River (Lat 45.405, –114.307); Panther Creek (44.887, Watershed 1706020130. Outlet(s) = Long –113.994) upstream to endpoint(s) –114.305); Porphyry Creek (45.034, Challis Creek (Lat 44.563, Long in: Anderson Creek (45.577, –113.918); –114.388). –114.246) upstream to endpoint(s) in: Dahlonega Creek (45.559, –113.845); (xvi) Moyer Creek Watershed Challis Creek (44.573, –114.309); Ditch Creek (45.534, –113.994); Hughes 1706020316. Outlet(s) = Moyer Creek Darling Creek (44.572, –114.252). Creek (45.541, –114.069); Hull Creek (Lat 45.024, Long –114.311) upstream to (xxvi) Morgan Creek Watershed (45.471, –114.016); Moose Creek endpoint(s) in: Moyer Creek (44.949, 1706020132. Outlet(s) = Morgan Creek (45.674, –113.951); Pierce Creek (45.640, –114.265); South Fork Moyer Creek (Lat 44.612, Long –114.168) upstream to –113.937); Sheep Creek (45.502, (44.944, –114.305). endpoint(s) in: Blowfly Creek (44.714, –113.889); Smithy Creek (45.575, (xvii) Panther Creek/Woodtick Creek –114.326); Corral Creek (44.8045, –113.889); Threemile Creek (45.577, Watershed 1706020317. Outlet(s) = –114.2239); Lick Creek (44.7371, –113.866); Twin Creek (45.591, Panther Creek (Lat 45.079, Long –114.2948); Morgan Creek (44.8029, –114.081). –114.251) upstream to endpoint(s) in: –114.2561); Van Horn Creek (44.7614, (vii) Salmon River/Tower Creek Copper Creek (45.060, –114.258); Fawn –114.2680); West Fork Morgan Creek Watershed 1706020307. Outlet(s) = Creek (45.073, –114.247); Musgrove (44.710, –114.335). Salmon River (Lat 45.320, Long Creek (45.054, –114.368); Panther Creek (9) Pahsimeroi Subbasin 17060202— –113.909) upstream to endpoint(s) in: (45.022, –114.313); Woodtick Creek (i) Lower Pahsimeroi River Watershed Salmon River (45.250, –113.899); Tower (45.008, –114.235). 1706020201. Outlet(s) = Pahsimeroi Creek (45.367, –113.857); Wallace Creek (xviii) Deep Creek Watershed River (Lat 44.692, Long –114.049) (45.2645, –113.9035). 1706020318. Outlet(s) = Deep Creek (Lat upstream to endpoint(s) in: Pahsimeroi (viii) Carmen Creek Watershed 45.126, Long –114.215) upstream to River (44.559, –113.900); Patterson 1706020308. Outlet(s) = Carmen Creek endpoint(s) in: Deep Creek (45.108, Creek (44.561, –113.897). (Lat 45.250, Long –113.899) upstream to –114.179). (ii) Paterson Creek Watershed endpoint(s) in: Carmen Creek (45.316, (xix) Panther Creek/Spring Creek 1706020203. Outlet(s) = Patterson Creek –113.800); Freeman Creek (45.269, Watershed 1706020320. Outlet(s) = (Lat 44.534, Long –113.837) upstream to –113.752). Panther Creek (45.176, Long –114.314) endpoint(s) in: Patterson Creek (44.566, (ix) Salmon River/Jesse Creek upstream to endpoint(s) in: Little Deer –113.670). Watershed 1706020309. Outlet(s) = Creek (45.156, –114.298); Panther Creek (10) Middle Salmon-Panther Subbasin Salmon River (Lat 45.250, Long (45.079, –114.251); Spring Creek 17060203—(i) Salmon River/Colson –113.899) upstream to endpoint(s) in: (45.088, –114.223). Creek Watershed 1706020301. Outlet(s) Salmon River (45.109, –113.901); (xx) Big Deer Creek Watershed = Salmon River (Lat 45.297, Long Unnamed (45.180, –113.930). 1706020321. Outlet(s) = Big Deer Creek –114.591) upstream to endpoint(s) in: (x) Salmon River/Williams Creek (Lat 45.1763, Long –114.3138) upstream Colson Creek (45.307, –114.531); Owl Watershed 1706020310. Outlet(s) = to endpoint(s) in: Big Deer Creek Creek (45.340, –114.462); Salmon River Salmon River (Lat 45.109, Long (45.1695, –114.3256). (45.316, –114.405). –113.901) upstream to endpoint(s) in: (xxi) Panther Creek/Trail Creek (ii) Owl Creek Watershed 1706020302. Salmon River (45.011, –113.932); Watershed 1706020322. Outlet(s) = Outlet(s) = Owl Creek (Lat 45.340, Long Williams Creek (45.081, –113.935). Panther Creek (Lat 45.316, Long –114.462) upstream to endpoint(s) in: (xi) Salmon River/Twelvemile Creek –114.405) upstream to endpoint(s) in: East Fork Owl Creek (45.367, –114.430); Watershed 1706020311. Outlet(s) = Beaver Creek (45.2816, –114.2744); Owl Creek (45.382, –114.469). Salmon River (Lat 45.011, Long Garden Creek (45.2959, –114.4293); (iii) Salmon River/Pine Creek –113.932) upstream to endpoint(s) in: Trail Creek (45.2318, –114.2663); Watershed 1706020303. Outlet(s) = Lake Creek (45.015, –113.959); Salmon Panther Creek (45.176, –114.314). Salmon River (Lat 45.316, Long River (44.896, –113.963); Twelvemile (xxii) Clear Creek Watershed –114.405) upstream to endpoint(s) in: Creek (45.011, –113.927). 1706020323. Outlet(s) = Clear Creek (Lat Boulder Creek (45.385, –114.297); Pine (xii) Salmon River/Cow Creek 45.295, Long –114.351) upstream to Creek (45.307, –114.186); Salmon River Watershed 1706020312. Outlet(s) = endpoint(s) in: Clear Creek (45.210, (45.399, –114.168); Spring Creek Salmon River (Lat 44.896, Long –114.485). (45.421, –114.278); Squaw Creek –113.963) upstream to endpoint(s) in: (11) Lemhi Subbasin 17060204—(i) (45.449, –114.215). Cow Creek (44.730, –113.940); McKim Lemhi River/Bohannon Creek (iv) Indian Creek Watershed Creek (44.810, –114.008); Poison Creek Watershed 1706020401. Outlet(s) = 1706020304. Outlet(s) = Indian Creek (44.876, –113.934); Salmon River Lemhi River (Lat 45.188, Long –113.889) (Lat 45.400, Long –114.167) upstream to (44.692, –114.049); Warm Spring Creek upstream to endpoint(s) in: Bohannon endpoint(s) in: Indian Creek (45.523, (44.913, –113.914). Creek (45.189, –113.692); Lemhi River –114.151); McConn Creek (45.519, (xiii) Hat Creek Watershed (45.098, –113.720). –114.185); West Fork Indian Creek 1706020313. Outlet(s) = Hat Creek (Lat (ii) Lemhi River/Whimpey Creek (45.481, –114.168). 44.795, Long –114.001) upstream to Watershed 1706020402. Outlet(s) = (v) Salmon River/Moose Creek endpoint(s) in: Hat Creek (44.785, Lemhi River (Lat 45.098, Long –113.720) Watershed 1706020305. Outlet(s) = –114.040). upstream to endpoint(s) in: Lemhi River Salmon River (Lat 45.399, Long (xiv) Iron Creek Watershed (45.032, –113.662); Wimpey Creek –114.168) upstream to endpoint(s) in: 1706020314. Outlet(s) = Iron Creek (Lat (45.131, –113.678); Withington Creek Dump Creek (45.369, –114.035); Fourth 44.887, Long –113.968) upstream to (45.058, –113.750). of July Creek (45.417, –113.857); Little endpoint(s) in: Iron Creek (44.921, (iii) Lemhi River/Kenney Creek Fourth of July Creek (45.396, –113.912); –114.124). Watershed 1706020403. Outlet(s) =
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00146 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52775
Lemhi River (Lat 45.032, Long –113.662) (iv) Little Loon Creek Watershed Creek (44.583, –115.467); Sulphur Creek upstream to endpoint(s) in: Kenney 1706020504. Outlet(s) = Little Loon (44.510, –115.518). Creek (45.087, –113.551); Lemhi River Creek (Lat 44.731, Long –114.940) (x) Pistol Creek Watershed (44.940, –113.639). upstream to endpoint(s) in: Little Loon 1706020510. Outlet(s) = Pistol Creek (iv) Lemhi River/McDevitt Creek Creek (44.615, –114.963). (Lat 44.724, Long –115.149) upstream to Watershed 1706020405. Outlet(s) = (v) Rapid River Watershed endpoint(s) in: Little Pistol Creek Lemhi River (Lat 44.940, Long –113.639) 1706020505. Outlet(s) = Rapid River (44.721, –115.404); Luger Creek (44.636, upstream to endpoint(s) in: Lemhi River (Lat 44.680, Long –115.152) upstream to –115.386); Pistol Creek (44.644, (44.870, –113.626). endpoint(s) in: Float Creek (44.546, –115.442). (v) Lemhi River/Yearian Creek –115.148); North Fork Sheep Creek (xi) Indian Creek Watershed Watershed 1706020406. Outlet(s) = (44.656, –114.997); Rapid River (44.551, 1706020511. Outlet(s) = Indian Creek Lemhi River (Lat 44.867, Long –113.626) –115.007); South Fork Sheep Creek (Lat 44.770, Long –115.089) upstream to upstream to endpoint(s) in: Lemhi River (44.628, –114.988); Vanity Creek endpoint(s) in: Big Chief Creek (44.817, (44.778, –113.535). (44.500, –115.072). –115.368); Indian Creek (44.803, (vi) Peterson Creek Watershed (vi) Marsh Creek Watershed –115.383); Little Indian Creek (44.879, 1706020407. Outlet(s) = Lemhi River 1706020506. Outlet(s) = Marsh Creek –115.226). (Lat 44.778, Long –113.535) upstream to (Lat 44.449, Long –115.230) upstream to (xii) Upper Marble Creek Watershed endpoint(s) in: Lemhi River (44.739, endpoint(s) in: Asher Creek (44.374, 1706020512. Outlet(s) = Marble Creek –113.459). –115.126); Banner Creek (44.291, (Lat 44.797, Long –114.971) upstream to (vii) Big Eight Mile Creek Watershed –115.187); Bear Creek (44.490, endpoint(s) in: Big Cottonwood Creek 1706020408. Outlet(s) = Lemhi River –115.098); Beaver Creek (44.494, (44.879, –115.206); Canyon Creek (Lat 44.739, Long –113.459) upstream to –114.964); Camp Creek (44.384, (44.822, –114.943); Cornish Creek endpoint(s) in: Lemhi River (44.692, –115.144); Cape Horn Creek (44.333, (44.933, –115.127); Dynamite Creek –115.287); Knapp Creek (44.424, –113.366). (44.871, –115.207); Marble Creek (viii) Canyon Creek Watershed –114.915); Marsh Creek (44.329, (44.983, –115.079); Trail Creek (44.917, 1706020409. Outlet(s) = Lemhi River –115.091); Swamp Creek (44.300, –114.930). (Lat 44.692, Long –113.366) upstream to –115.175); Winnemucca Creek (44.479, (xiii) Middle Fork Salmon River/ endpoint(s) in: Lemhi River (44.682, –114.972). Lower Marble Creek Watershed –113.355). (vii) Middle Fork Salmon River/ (ix) Texas Creek Watershed Soldier Creek Watershed 1706020507. 1706020513. Outlet(s) = Middle Fork 1706020412. Outlet(s) = Texas Creek Outlet(s) = Middle Fork Salmon River Salmon River (Lat 44.808, Long (Lat 44.6822, Long –113.3545) upstream (Lat 44.680, Long –115.152) upstream to –114.811) upstream to endpoint(s) in: to endpoint(s) in: Purcell Creek endpoint(s) in: Boundary Creek (44.507, Marble Creek (44.797, –114.971); (44.5726, –113.3459), Texas Creek –115.328); Dagger Creek (44.498, Middle Fork Salmon River (44.680, (44.5348, –113.3018). –115.307); Elkhorn Creek (44.582, –115.152). (x) Hayden Creek Watershed –115.369); Greyhound Creek (44.626, (13) Lower Middle Fork Salmon 1706020414. Outlet(s) = Hayden Creek –115.158); Middle Fork Salmon River Subbasin 17060206—(i) Lower Middle (Lat 44.870, Long –113.626) upstream to (44.449, –115.230); Soldier Creek Fork Salmon River Watershed endpoint(s) in: Bear Valley Creek (44.528, –115.201). 1706020601. Outlet(s) = Middle Fork (44.796, –113.790); East Fork Hayden (viii) Bear Valley Creek Watershed Salmon River (Lat 45.297, Long Creek (44.708, –113.661); Hayden Creek 1706020508. Outlet(s) = Bear Valley –114.591) upstream to endpoint(s) in: (44.726, –113.769); Kadletz Creek Creek (Lat 44.449, Long –115.230) Middle Fork Salmon River (45.095, (44.761, –113.767); West Fork Hayden upstream to endpoint(s) in: Ayers Creek –114.732); Roaring Creek (45.186, Creek (44.706, –113.768); Wright Creek (44.454, –115.330); Bear Valley Creek –114.574); Stoddard Creek (45.244, (44.759, –113.794). (44.236, –115.499); Bearskin Creek –114.702). (12) Upper Middle Fork Salmon (44.331, –115.528); Cache Creek (44.286, (ii) Wilson Creek Watershed Subbasin 17060205—(i) Lower Loon –115.409); Cold Creek (44.371, 1706020602. Outlet(s) = Wilson Creek Creek Watershed 1706020501. Outlet(s) –115.317); Cook Creek (44.389, (Lat 45.033, Long –114.723) upstream to = Loon Creek (Lat 44.808, Long –115.438); East Fork Elk Creek (44.481, endpoint(s) in: Wilson Creek (45.032, –114.811) upstream to endpoint(s) in: –115.359); Fir Creek (44.354, –115.296); –114.659). Cabin Creek (44.742, –114.708); Loon Little Beaver Creek (44.415, –115.504); (iii) Middle Fork Salmon River/Brush Creek (44.552, –114.849). Little East Fork Elk Creek (44.479, Creek Watershed 1706020603. Outlet(s) (ii) Warm Springs Watershed –115.407); Mace Creek (44.289, = Middle Fork Salmon River (Lat 1706020502. Outlet(s) = Warm Spring –115.443); North Fork Elk Creek 45.095, Long –114.732) upstream to Creek (Lat 44.653, Long –114.736) (44.527, –115.458); Poker Creek (44.444, endpoint(s) in: Brush Creek (44.955, upstream to endpoint(s) in: Trapper –115.345); Pole Creek (44.361, –114.733); Middle Fork Salmon River Creek (44.504, –114.617); Warm Spring –115.366); Porter Creek (44.466, (44.958, –114.747). Creek (44.609, –114.481). –115.529); Sack Creek (44.320, (iv) Yellow Jacket Creek Watershed (iii) Upper Loon Creek Watershed –115.351); Sheep Trail Creek (44.360, 1706020604. Outlet(s) = Yellowjacket 1706020503. Outlet(s) = Loon Creek (Lat –115.451); West Fork Elk Creek (44.485, Creek (Lat 44.892, Long –114.644) 44.552, Long –114.849) upstream to –115.499); Wyoming Creek (44.362, upstream to endpoint(s) in: Beagle Creek endpoint(s) in: Cottonwood Creek –115.335). (44.993, –114.466); Hoodoo Creek (44.593, –114.679); East Fork Mayfield (ix) Sulphur Creek Watershed (44.993, –114.568); Lake Creek (44.967, Creek (44.494, –114.700); Loon Creek 1706020509. Outlet(s) = Sulphur Creek –114.603); Little Jacket Creek (44.931, (44.469, –114.923); Pioneer Creek (Lat 44.555, Long –115.297) upstream to –114.505); Meadow Creek (44.984, (44.466, –114.873); South Fork endpoint(s) in: Blue Moon Creek –114.481); Shovel Creek (45.006, Cottonwood Creek (44.563, –114.780); (44.572, –115.364); Full Moon Creek –114.463); Trail Creek (44.939, Trail Creek (44.506, –114.959); West (44.535, –115.400); Honeymoon Creek –114.461); Yellowjacket Creek (45.050, Fork Mayfield Creek (44.473, –114.730). (44.605, –115.399); North Fork Sulphur –114.480).
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00147 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52776 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(v) Silver Creek Watershed –115.314); Coin Creek (45.218, –115.666) upstream to endpoint(s) in: 1706020605. Outlet(s) = Silver Creek –115.328); HCreek (45.266, –115.270). Indian Creek (45.409, –115.608); Rabbit (Lat 44.830, Long –114.501) upstream to (xv) Big Ramey Creek Watershed Creek (45.416, –115.667); Salmon River endpoint(s) in: Silver Creek (44.856, 1706020615. Outlet(s) = Big Ramey (45.378, –115.512). –114.458). Creek (Lat 45.177, Long –115.159) (vii) Salmon River/Trout Creek (vi) Upper Camas Creek Watershed upstream to endpoint(s) in: Big Ramey Watershed 1706020708. Outlet(s) = 1706020606. Outlet(s) = Camas Creek Creek (45.279, –115.243). Salmon River (Lat 45.378, Long (Lat 44.830, Long –114.501) upstream to (xvi) Big Creek/Crooked Creek –115.512) upstream to endpoint(s) in: endpoint(s) in: Castle Creek (44.825, Watershed 1706020616. Outlet(s) = Big Big Blowout Creek (45.468, –115.432); –114.415); Fly Creek (44.703, –114.509); Creek (Lat 45.127, Long –114.935) Big Elkhorn Creek (45.521, –115.331); Furnace Creek (44.767, –114.421); J Fell upstream to endpoint(s) in: Big Creek Fivemile Creek (45.391, –115.452); Creek (44.669, –114.459); South Fork (45.163, –115.128); Cave Creek (45.219, Jersey Creek (45.494, –115.531); Little Camas Creek (44.731, –114.553); Spider –114.916); Coxey Creek (45.181, Fivemile Creek (45.416, –115.425); Little Creek (44.688, –114.495); White Goat –115.022); East Fork Crooked Creek Mallard Creek (45.538, –115.317); Rhett Creek (44.731, –114.460). (45.250, –114.975); Fawn Creek (45.125, Creek (45.483, –115.410); Richardson (vii) West Fork Camas Creek –115.032); West Fork Crooked Creek Creek (45.499, –115.265); Salmon River Watershed 1706020607. Outlet(s) = (45.251, –115.117). (45.567, –115.191); Trout Creek (45.396, West Fork Camas Creek (Lat 44.831, (xvii) Lower Big Creek Watershed –115.315). Long –114.504) upstream to endpoint(s) 1706020617. Outlet(s) = Big Creek (Lat (viii) Bargamin Creek Watershed in: Flume Creek (44.806, –114.526); 45.095, Long –114.732) upstream to 1706020709. Outlet(s) = Bargamin Creek Martindale Creek (44.822, –114.560); endpoint(s) in: Big Creek (45.127, (Lat 45.567, Long –115.191) upstream to West Fork Camas Creek (44.795, –114.935); Cabin Creek (45.195, endpoint(s) in: Bargamin Creek (45.706, –114.595). –114.837); Canyon Creek (45.087, –115.046); Cache Creek (45.691, (viii) Lower Camas Creek Watershed –114.997); Cliff Creek (45.127, –115.180); Porcupine Creek (45.725, 1706020608. Outlet(s) = Camas Creek –114.857); Cougar Creek (45.138, –115.128); Prospector Creek (45.688, (Lat 44.892, Long –114.722) upstream to –114.813); Pioneer Creek (45.066, –115.153); Rainey Creek (45.617, endpoint(s) in: Camas Creek (44.830, –114.842). –115.210); Salt Creek (45.643, –114.501); Duck Creek (44.852, (14) Middle Salmon-Chamberlain –115.189). –114.521); Woodtick Creek (44.870, Subbasin 17060207—(i) Salmon River/ (ix) Salmon River/Rattlesnake Creek –114.636). Fall Creek Watershed 1706020701. Watershed 1706020710. Outlet(s) = (ix) Middle Fork Salmon River/Sheep Outlet(s) = Salmon River (Lat 45.426, Salmon River (Lat 45.567, Long Creek Watershed 1706020609. Outlet(s) Long –116.025) upstream to endpoint(s) –115.191) upstream to endpoint(s) in: = Middle Fork Salmon River (Lat in: Carey Creek (45.4242, –115.9343); Rattlesnake Creek (45.560, –115.143); 44.955, Long –114.733) upstream to Fall Creek (45.4153, –115.9755); Salmon Salmon River (45.511, –115.041). endpoint(s) in: Middle Fork Salmon River (45.455, –115.941). (x) Sabe Creek Watershed River (44.808, –114.811); Sheep Creek (ii) Wind River Watershed 1706020711. Outlet(s) = Sabe Creek (Lat (44.923, –114.873). 1706020702. Outlet(s) = Wind River (Lat 45.507, Long –115.024) upstream to (x) Rush Creek Watershed 45.4553, Long –115.9411) upstream to endpoint(s) in: Center Creek (45.573, 1706020610. Outlet(s) = Rush Creek (Lat endpoint(s) in: Wind River (45.4657, –115.040); Hamilton Creek (45.544, 45.105, Long –114.861) upstream to –115.9394). –114.826). endpoint(s) in: Rush Creek (44.958, (iii) Salmon River/California Creek (xi) Salmon River/Hot Springs Creek –114.992); South Fork Rush Creek Watershed 1706020703. Outlet(s) = Watershed 1706020712. Outlet(s) = (45.013, –114.972); Two Point Creek Salmon River (Lat 45.455, Long Salmon River (Lat 45.511, Long (45.027, –114.947). –115.941) upstream to endpoint(s) in: –115.041) upstream to endpoint(s) in: (xi) Monumental Creek Watershed Bear Creek (45.435, –115.852); Bull Big Harrington Creek (45.498, –114.895); 1706020611. Outlet(s) = Monumental Creek (45.482, –115.716); California Hot Springs Creek (45.465, –115.135); Creek (Lat 45.160, Long –115.129) Creek (45.341, –115.850); Cottontail Salmon River (45.454, –114.931). upstream to endpoint(s) in: Monumental Creek (45.388, –115.752); Maxwell (xii) Salmon River/Disappointment Creek (44.952, –115.179); Snowslide Creek (45.392, –115.841); Salmon River Creek Watershed 1706020713. Outlet(s) Creek (45.055, –115.266); West Fork (45.434, –115.666). = Salmon River (Lat 45.454, Long Monumental Creek (45.011, –115.244). (iv) Sheep Creek Watershed –114.931) upstream to endpoint(s) in: (xii) Big Creek/Little Marble Creek 1706020704. Outlet(s) = Sheep Creek Salmon River (45.395, –114.732). Watershed 1706020612. Outlet(s) = Big (Lat 45.468, Long –115.810) upstream to (xiii) Horse Creek Watershed Creek (Lat 45.163, Long –115.128) endpoint(s) in: East Fork Sheep Creek 1706020714. Outlet(s) = Horse Creek upstream to endpoint(s) in: Big Creek (45.546, –115.769); Meadow Creek (Lat 45.395, Long –114.732) upstream to (45.153, –115.297); Little Marble Creek (45.544, –115.792); Plummer Creek endpoint(s) in: East Fork Reynolds (45.062, –115.276). (45.531, –115.807); Porcupine Creek Creek (45.541, –114.493); Horse Creek (xiii) Upper Big Creek Watershed (45.506, –115.817); Sheep Creek (45.591, (45.498, –114.421); Reynolds Creek 1706020613. Outlet(s) = Big Creek (Lat –115.705). (45.555, –114.558); West Horse Creek 45.153, Long –115.297) upstream to (v) Crooked Creek Watershed (45.494, –114.754). endpoint(s) in: Big Creek (45.075, 1706020705. Outlet(s) = Crooked Creek (xiv) Salmon River/Kitchen Creek –115.342); Jacobs Ladder Creek (45.063, (Lat 45.434, Long –115.666) upstream to Watershed 1706020715. Outlet(s) = –115.322); Middle Fork Smith Creek endpoint(s) in: Arlington Creek (45.491, Salmon River (Lat 45.395, Long (45.166, –115.411); Smith Creek (45.170, –115.678); Crooked Creek (45.515, –114.732) upstream to endpoint(s) in: –115.380); Unnamed (45.129, –115.422). –115.554); Lake Creek (45.616, Corn Creek (45.370, –114.681); Kitchen (xiv) Beaver Creek Watershed –115.686). Creek (45.295, –114.752); Salmon River 1706020614. Outlet(s) = Beaver Creek (vi) Salmon River/Rabbit Creek (45.297, –114.591). (Lat 45.163, Long –115.242) upstream to Watershed 1706020706. Outlet(s) = (xv) Cottonwood Creek Watershed endpoint(s) in: Beaver Creek (45.242, Salmon River (Lat 45.434, Long 1706020716. Outlet(s) = Cottonwood
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00148 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52777
Creek (Lat 45.394, Long –114.802) (v) Lower Johnson Creek Watershed (44.981, –115.768); South Fork Salmon upstream to endpoint(s) in: Cottonwood 1706020805. Outlet(s) = Johnson Creek River (44.898, –115.715). Creek (45.354, –114.823). (Lat 44.963, Long –115.501) upstream to (xiv) Lower Secesh River Watershed (xvi) Lower Chamberlain/McCalla endpoint(s) in: Johnson Creek (44.803, 1706020813. Outlet(s) = Secesh River Creek Watershed 1706020717. Outlet(s) –115.518); Riordan Creek (44.898, (Lat 45.025, Long –115.706) upstream to = Chamberlain Creek (Lat 45.454, Long –115.472); Trapper Creek (44.829, endpoint(s) in: Cly Creek (45.031, –114.931) upstream to endpoint(s) in: –115.508). –115.911); Hum Creek (45.070, McCalla Creek (45.321, –115.115); (vi) Burntlog Creek Watershed –115.903); Lick Creek (45.049, Unnamed (45.433, –114.935); 1706020806. Outlet(s) = Burntlog Creek –115.906); Secesh River (45.183, Whimstick Creek (45.241, –115.053). (Lat 44.803, Long –115.518) upstream to –115.821); Split Creek (45.109, (xvii) Upper Chamberlain Creek endpoint(s) in: Burntlog Creek (44.718, –115.805); Zena Creek (45.057, Watershed 1706020718. Outlet(s) = –115.419). –115.732). Chamberlain Creek (Lat 45.414, Long (vii) Upper Johnson Creek Watershed (xv) Middle Secesh River Watershed –114.981) upstream to endpoint(s) in: 1706020807. Outlet(s) = Johnson Creek 1706020814. Outlet(s) = Secesh River Flossie Creek (45.384, –115.248); (Lat 44.803, Long –115.518) upstream to (Lat 45.183, Long –115.821) upstream to Lodgepole Creek (45.305, –115.254); endpoint(s) in: Boulder Creek (44.565, endpoint(s) in: Grouse Creek (45.289, Moose Creek (45.283, –115.292); South –115.595); Johnson Creek (44.550, –115.835); Secesh River (45.257, Fork Chamberlain Creek (45.288, –115.590); Landmark Creek (44.630, –115.895); Victor Creek (45.186, –115.342). –115.574); Rock Creek (44.600, –115.831). (xviii) Warren Creek Watershed –115.592); SCreek (44.609, –115.413); (xiv) Upper Secesh River Watershed 1706020719. Outlet(s) = Warren Creek Whiskey Creek (44.563, –115.486). 1706020815. Outlet(s) = Secesh River (viii) Upper South Fork Salmon River (Lat 45.397, Long –115.592) upstream to (Lat 45.257, Long –115.895) upstream to Watershed 1706020808. Outlet(s) = endpoint(s) in: Richardson Creek endpoint(s) in: Lake Creek (45.374, South Fork Salmon River (Lat 44.652, (45.372, –115.625); Slaughter Creek –115.867); Threemile Creek (45.334, Long –115.703) upstream to endpoint(s) (45.269, –115.648); Steamboat Creek –115.891). in: Bear Creek (44.607, –115.600); Camp (16) Lower Salmon Subbasin (45.259, –115.722); Warren Creek Creek (44.605, –115.633); Curtis Creek 17060209—(i) Salmon River/China (45.248, –115.653). (44.593, –115.752); Lodgepole Creek Creek Watershed 1706020901. Outlet(s) (15) South Fork Salmon Subbasin (44.576, –115.610); Mormon Creek = Salmon River (Lat 45.857, Long 17060208—(i) Lower South Fork Salmon (44.499, –115.654); Rice Creek (44.510, –116.794) upstream to endpoint(s) in: River Watershed 1706020801. Outlet(s) –115.644); South Fork Salmon River China Creek (46.004, –116.817); Flynn = South Fork Salmon River (Lat 45.378, (44.480, –115.688); Tyndall Creek Creek (45.911, –116.714); Salmon River Long –115.512) upstream to endpoint(s) (44.568, –115.736). (45.999, –116.695); Wapshilla Creek in: Big Buck Creek (45.253, –115.554); (ix) South Fork Salmon River/Cabin (45.945, –116.766). Pony Creek (45.209, –115.663); Creek Watershed 1706020809. Outlet(s) (ii) Eagle Creek Watershed Porphyry Creek (45.255, –115.462); = South Fork Salmon River (Lat 44.759, 1706020902. Outlet(s) = Eagle Creek (Lat Smith Creek (45.265, –115.550); South Long –115.684) upstream to endpoint(s) 45.997, Long –116.700) upstream to Fork Salmon River (45.156, –115.585). in: Cabin Creek (44.713, –115.638); endpoint(s) in: Eagle Creek (46.057, (ii) South Fork Salmon River/Sheep Dollar Creek (44.759, –115.751); North –116.814). Creek Watershed 1706020802. Outlet(s) Fork Dollar Creek (44.755, –115.745); (iii) Deer Creek Watershed = South Fork Salmon River (Lat 45.156, Six-Bit Creek (44.684, –115.724); South 1706020903. Outlet(s) = Deer Creek (Lat Long –115.585) upstream to endpoint(s) Fork Salmon River (44.652, –115.703); 45.999, Long –116.695) upstream to in: Bear Creek (45.124, –115.643); Two-bit Creek (44.655, –115.747); Warm endpoint(s) in: Deer Creek (46.051, Contux Creek (45.155, –115.620); Deer Lake Creek (44.653, –115.662). –116.702). Creek (45.162, –115.606); Elk Creek (x) South Fork Salmon River/ (iv) Salmon River/Cottonwood Creek (45.149, –115.506); Sheep Creek (45.039, Blackmare Creek Watershed Watershed 1706020904. Outlet(s) = –115.583); South Fork Salmon River 1706020810. Outlet(s) = South Fork Salmon River (Lat 45.999, Long (45.025, –115.706). Salmon River (Lat 44.898, Long –116.695) upstream to endpoint(s) in: (iii) Lower East Fork South Fork –115.715) upstream to endpoint(s) in: Billy Creek (45.990, –116.643); Salmon River Watershed 1706020803. Blackmare Creek (44.809, –115.795); Cottonwood Creek (45.932, –116.598); Outlet(s) = East Fork South Fork Salmon Camp Creek (44.889, –115.691); Cougar Maloney Creek (46.068, –116.625); River (Lat 45.015, Long –115.713) Creek (44.823, –115.804); Phoebe Creek Salmon River (46.038, –116.625); West upstream to endpoint(s) in: Caton Creek (44.910, –115.705); South Fork Salmon Fork Maloney Creek (46.061, –116.632). (44.900, –115.584); East Fork South Fork River (44.759, –115.684). (v) Salmon River/Deep Creek Salmon River (44.963, –115.501); (xi) [Reserved] Watershed 1706020905. Outlet(s) = Loosum Creek (44.918, –115.529); Parks (xii) Buckhorn Creek Watershed Salmon River (Lat 46.038, Long Creek (44.969, –115.530). 1706020811. Outlet(s) = Buckhorn Creek –116.625) upstream to endpoint(s) in: (iv) Upper East Fork South Fork (Lat 44.922, Long –115.736) upstream to Burnt Creek (45.966, –116.548); Deep Salmon River Watershed 1706020804. endpoint(s) in: Buckhorn Creek (44.881, Creek (46.005, –116.547); Round Spring Outlet(s) = East Fork South Fork Salmon –115.856); Little Buckhorn Creek Creek (45.972, –116.501); Salmon River River (Lat 44.963, Long –115.501) (44.902, –115.756); West Fork Buckhorn (45.911, –116.410); Telcher Creek upstream to endpoint(s) in: East Fork Creek (44.909, –115.832). (45.978, –116.443). South Fork Salmon River (44.934, (xiii) South Fork Salmon River/Fitsum (vi) Rock Creek Watershed –115.336); Profile Creek (45.035, Creek Watershed 1706020812. Outlet(s) 1706020906. Outlet(s) = Rock Creek (Lat –115.409); Quartz Creek (45.048, = South Fork Salmon River (Lat 45.025, 45.905, Long –116.396) upstream to –115.496); Salt Creek (44.962, Long –115.706) upstream to endpoint(s) endpoint(s) in: Grave Creek (45.978, –115.329); Sugar Creek (44.975, in: Fitsum Creek (44.996, –115.784); –116.359); Johns Creek (45.930, –115.245); Tamarack Creek (44.995, North Fork Fitsum Creek (44.992, –116.245); Rock Creek (45.919, –115.318). –115.870); South Fork Fitsum Creek –116.245).
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00149 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52778 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(vii) Salmon River/Hammer Creek Creek (45.457, –116.184); West Fork (45.369, –116.409); West Fork Rapid Watershed 1706020907. Outlet(s) = Lake Creek (45.370, –116.241). River (45.306, –116.425). Salmon River (Lat 45.911, Long (xiv) Salmon River/Van Creek (18) Upper Selway Subbasin –116.410) upstream to endpoint(s) in: Watershed 1706020914. Outlet(s) = 17060301—(i) Selway River/Pettibone Salmon River (45.752, –116.322). Salmon River (Lat 45.418, Long Creek Watershed 1706030101. Outlet(s) (viii) White Bird Creek Watershed –116.162) upstream to endpoint(s) in: = Selway River (Lat 46.122, Long 1706020908. White Bird Creek (Lat Robbins Creek (45.430, –116.026); –114.935) upstream to endpoint(s) in: 45.752, Long –116.322) upstream to Salmon River (45.426, –116.025); Van Ditch Creek (46.022, –114.900); Elk endpoint(s) in: Asbestos Creek (45.722, Creek (45.431, –116.138). Creek (45.987, –114.872); Pettibone –116.050); Cabin Creek (45.842, (xv) French Creek Watershed Creek (46.105, –114.745); Selway River –116.110); Chapman Creek (45.841, 1706020915. Outlet(s) = French Creek (45.962, –114.828). –116.216); Cold Springs Creek (45.716, (Lat 45.425, Long –116.030) upstream to (ii) Bear Creek Watershed –116.037); Fish Creek (45.865, endpoint(s) in: French Creek (45.375, 1706030102. Outlet(s) = Bear Creek (Lat –116.084); Jungle Creek (45.739, –116.040). 46.019, Long –114.844) upstream to –116.063); Little White Bird Creek (xvi) Partridge Creek Watershed endpoint(s) in: Bear Creek (46.104, (45.740, –116.087); North Fork White 1706020916. Outlet(s) = Elkhorn Creek –114.588); Brushy Fork Creek (45.978, Bird Creek (45.797, –116.089); Pinnacle (Lat 45.4043, Long –116.0941); Partridge –114.602); Cub Creek (46.021, Creek (45.779, –116.086); South Fork Creek (45.408, –116.126) upstream to –114.662); Granite Creek (46.102, White Bird Creek (45.772, –116.028); endpoint(s) in: Elkhorn Creek (45.369, –114.619); Paradise Creek (46.036, Twin Cabins Creek (45.782, –116.048); –116.092); Partridge Creek (45.369, –114.710); Wahoo Creek (46.104, Unnamed (45.809, –116.086); Unnamed –116.146). –114.633). (45.841, –116.114); Unnamed (45.858, (17) Little Salmon Subbasin (iii) Selway River/Gardner Creek –116.105). 17060210—(i) Lower Little Salmon River Watershed 1706030103. Outlet(s) = (ix) Salmon River/McKinzie Creek Watershed 1706021001. Outlet(s) = Selway River (Lat 45.962, Long Watershed 1706020909. Outlet(s) = Little Salmon River (Lat 45.417, Long –114.828) upstream to endpoint(s) in: Salmon River (Lat 45.752, Long –116.313) upstream to endpoint(s) in: Bad Luck Creek (45.899, –114.752); –116.322) upstream to endpoint(s) in: Denny Creek (45.306, –116.359); Elk Crooked Creek (45.865, –114.764); Deer Creek (45.706, –116.332); Creek (45.218, –116.311); Hat Creek Gardner Creek (45.937, –114.772); McKinzie Creek (45.676, –116.260); (45.313, –116.354); Little Salmon River Magruder Creek (45.702, –114.795); Salmon River (45.640, –116.284); Sotin (45.204, –116.310); Lockwood Creek North Star Creek (45.950, –114.806); Creek (45.725, –116.341). (45.254, –116.366); North Fork Squaw Selway River (45.707, –114.719); Sheep (x) Skookumchuck Creek Watershed Creek (45.4234, –116.4320); Papoose Creek (45.821, –114.741); Snake Creek 1706020910. Outlet(s) = Skookumchuck Creek (45.4078, –116.3920); Rattlesnake (45.855, –114.728). Creek (Lat 45.700, Long –116.317) Creek (45.268, –116.339); Sheep Creek (iv) White Cap Creek Watershed upstream to endpoint(s) in: North Fork (45.344, –116.336); South Fork Squaw 1706030104. Outlet(s) = White Cap Skookumchuck Creek (45.728, Creek (45.4093, –116.4356). Creek (Lat 45.860, Long –114.744) –116.114); South Fork Skookumchuck (ii) Little Salmon River/Hard Creek upstream to endpoint(s) in: Barefoot Creek (45.711, –116.197). Watershed 1706021002. Outlet(s) = Creek (45.886, –114.639); Canyon Creek (xi) Slate Creek Watershed Little Salmon River (Lat 45.204, Long (45.878, –114.422); Cedar Creek (45.895, 1706020911. Outlet(s) = Slate Creek (Lat –116.310) upstream to endpoint(s) in: –114.668); Cooper Creek (45.861, 45.640, Long –116.284) upstream to Bascum Canyon (45.145, –116.248); –114.557); Elk Creek (45.928, –114.574); endpoint(s) in: Deadhorse Creek Hard Creek (45.125, –116.239); Little Fox Creek (45.898, –114.597); Granite (45.603, –116.093); Little Slate Creek Salmon River (45.123, –116.298); Trail Creek (45.931, –114.506); Lookout Creek (45.587, –116.075); North Fork Slate Creek (45.164, –116.338). (45.959, –114.626); Paloma Creek Creek (45.671, –116.095); Slate Creek (iii) Hazard Creek Watershed (45.918, –114.592); Peach Creek (45.868, (45.634, –116.000); Slide Creek (45.662, 1706021003. Outlet(s) = Hazard Creek –114.607); South Fork Lookout Creek –116.146); Unnamed (45.5959, (Lat 45.183, Long –116.283) upstream to (45.929, –114.649); Unnamed (45.855, –116.1061); Waterspout Creek (45.631, endpoint(s) in: Hazard Creek (45.201, –114.557); White Cap Creek (45.947, –116.115). –116.248). –114.534). (xii) Salmon River/John Day Creek (iv) Boulder Creek Watershed (v) Indian Creek Watershed Watershed 1706020912. Outlet(s) = 1706021006. Outlet(s) = Boulder Creek 1706030105. Outlet(s) = Indian Creek Salmon River (Lat 45.640, Long (Lat 45.204, Long –116.310) upstream to (Lat 45.792, Long –114.764) upstream to –116.284) upstream to endpoint(s) in: endpoint(s) in: Ant Basin Creek (45.128, endpoint(s) in: Indian Creek (45.786, China Creek (45.547, –116.310); Cow –116.447); Boulder Creek (45.103, –114.581); Jack Creek (45.789, Creek (45.539, –116.330); East Fork John –116.479); Bull Horn Creek (45.159, –114.681); Saddle Gulch (45.766, Day Creek (45.575, –116.221); Fiddle –116.407); Pollock Creek (45.168, –114.641); Schofield Creek (45.818, Creek (45.495, –116.269); John Day –116.395); Pony Creek (45.190, –114.586). Creek (45.564, –116.220); Race Creek –116.374); Squirrel Creek (45.198, (vi) Upper Selway River Watershed (45.437, –116.316); South Fork Race –116.368); Star Creek (45.152, 1706030106. Outlet(s) = Selway River Creek (45.440, –116.403); West Fork –116.418); Unnamed (45.095, –116.461); (Lat 45.707, Long –114.719) upstream to Race Creek (45.464, –116.352). Unnamed (45.116, –116.455); Yellow endpoint(s) in: Cayuse Creek (45.752, (xiii) Salmon River/Lake Creek Jacket Creek (45.141, –116.426). –114.572); Deep Creek (45.703, Watershed 1706020913. Outlet(s) = (v) Rapid River Watershed –114.517); French Creek (45.609, Salmon River (Lat 45.437, Long 1706021007. Outlet(s) = Rapid River –114.561); Gabe Creek (45.714, –116.316) upstream to endpoint(s) in: (Lat 45.375, Long –116.355) upstream to –114.666); Hells Half Acre Creek Allison Creek (45.507, –116.156); Berg endpoint(s) in: Granite Fork Lake Fork (45.689, –114.708); Lazy Creek (45.670, Creek (45.426, –116.244); Lake Creek Rapid River (45.179, –116.526); Paradise –114.553); Line Creek (45.590, (45.294, –116.219); Salmon River Creek (45.223, –116.550); Rapid River –114.585); Mist Creek (45.561, (45.418, –116.162); West Fork Allison (45.157, –116.489); Shingle Creek –114.629); Pete Creek (45.720,
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00150 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52779
–114.557); Selway River (45.502, –115.164); Wounded Doe Creek (46.299, Creek (46.215, –115.464); Deadman –114.702); Slow Gulch Creek (45.678, –115.078). Creek (46.262, –115.517); East Fork –114.520); Storm Creek (45.641, (vi) North Fork Moose Creek Deadman Creek (46.275, –115.505); Fire –114.596); Surprise Creek (45.533, Watershed 1706030207. Outlet(s) = Creek (46.203, –115.411); Kerr Creek –114.672); Swet Creek (45.516, North Fork Moose Creek (Lat 46.165, (46.162, –115.579); Lochsa River –114.804); Three Lakes Creek (45.620, Long –114.897) upstream to endpoint(s) (46.338, –115.314); Nut Creek (46.180, –114.803); Unnamed (45.569, –114.642); in: North Fork Moose Creek (46.305, –115.601); Pete King Creek (46.182, Vance Creek (45.681, –114.594); –114.853); West Moose Creek (46.322, –115.697); Placer Creek (46.196, Wilkerson Creek (45.561, –114.601). –114.970). –115.631); South Fork Canyon Creek (vii) Little Clearwater River Watershed (vii) East Fork Moose Creek/Trout (46.211, –115.556); Split Creek (46.207, 1706030107. Outlet(s) = Little Creek Watershed 1706030208. Outlet(s) –115.364); Walde Creek (46.193, Clearwater River (Lat 45.754, Long = Selway River (Lat 46.098, Long –115.662). –114.775) upstream to endpoint(s) in: –115.071) upstream to endpoint(s) in: (ii) Fish Creek Watershed Burnt Knob Creek (45.697, –114.950); Double Creek (46.230, –114.837); East 1706030302. Outlet(s) = Fish Creek (Lat FCreek (45.644, –114.847); Little Fork Moose Creek (46.204, –114.722); 46.33337703, Long –115.3449332) Clearwater River (45.740, –114.949); Elbow Creek (46.200, –114.716); Fitting upstream to endpoint(s) in: Alder Creek Lonely Creek (45.727, –114.865); Creek (46.231, –114.861); Maple Creek (46.319, –115.460); Ceanothus Creek Salamander Creek (45.655, –114.883); (46.218, –114.785); Monument Creek (46.341, –115.470); Fish Creek (46.341, Short Creek (45.759, –114.859); Throng (46.189, –114.728); Selway River –115.575); Frenchman Creek (46.330, Creek (45.736, –114.904). (46.122, –114.935); Trout Creek (46.141, –115.544); Gass Creek (46.390, (viii) Running Creek Watershed –114.861). –115.511); Ham Creek (46.391, 1706030108. Outlet(s) = Running Creek (viii) Upper East Fork Moose Creek –115.365); Hungery Creek (46.377, (Lat 45.919, Long –114.832) upstream to Watershed 1706030209. Outlet(s) = East –115.542); Myrtle Creek (46.343, endpoint(s) in: Eagle Creek (45.844, Fork Moose Creek (Lat 46.204, Long –115.569); Poker Creek (46.346, –114.886); Lynx Creek (45.794, –114.722) upstream to endpoint(s) in: –115.447); Willow Creek (46.396, –114.993); Running Creek (45.910, Cedar Creek (46.291, –114.708); East –115.369). –115.027); South Fork Running Creek Fork Moose Creek (46.253, –114.700). (iii) Lochsa River/Stanley Creek (ix) Marten Creek Watershed (45.820, –115.024). Watershed 1706030303. Outlet(s) = 1706030210. Outlet(s) = Marten Creek (ix) Goat Creek Watershed Lochsa River (Lat 46.33815653, Long (Lat 46.099, Long –115.052) upstream to 1706030109. Outlet(s) = Goat Creek (Lat –115.3141495) upstream to endpoint(s) endpoint(s) in: Marten Creek (45.988, 45.962, Long –114.828) upstream to in: Bald Mountain Creek (46.406, –115.029). endpoint(s) in: Goat Creek (45.940, (x) Upper Meadow Creek Watershed –115.254); Dutch Creek (46.377, –115.038). 1706030211. Outlet(s) = Meadow Creek –115.211); Eagle Mountain Creek (19) Lower Selway Subbasin (Lat 45.88043738, Long –115.1034371) (46.428, –115.130); Indian Grave Creek 17060302—(i) Selway River/Goddard upstream to endpoint(s) in: Butter Creek (46.472, –115.103); Indian Meadow Creek Watershed 1706030201. Outlet(s) (45.804, –115.149); Meadow Creek Creek (46.450, –115.060); Lochsa River = Selway River (Lat 46.140, Long (45.698, –115.217); Three Prong Creek (46.466, –114.985); Lost Creek (46.432, –115.599) upstream to endpoint(s) in: (45.790, –115.062). –115.116); Sherman Creek (46.352, Boyd Creek (46.092, –115.431); Glover (xi) Middle Meadow Creek Watershed –115.320); Stanley Creek (46.387, Creek (46.082, –115.361); Goddard 1706030212. Outlet(s) = Meadow Creek –115.144); Unnamed (46.453, –115.028); Creek (46.059, –115.610); Johnson Creek (Lat 45.88157325, Long –115.2178401) Unnamed (46.460, –115.006); Unnamed (46.139, –115.514); Rackliff Creek upstream to endpoint(s) in: East Fork (46.502, –115.050); Weir Creek (46.490, (46.110, –115.494); Selway River Meadow Creek (45.868, –115.067); –115.035). (46.046, –115.295). Meadow Creek (45.880, –115.103); Sable (iv) Lochsa River/Squaw Creek (ii) Gedney Creek Watershed Creek (45.853, –115.219); Schwar Creek Watershed 1706030304. Outlet(s) = 1706030202. Outlet(s) = Gedney Creek (45.905, –115.108); Simmons Creek Lochsa River (Lat 46.4656626, Long (Lat 46.056, Long –115.313) upstream to (45.856, –115.247). –114.9848623) upstream to endpoint(s) endpoint(s) in: Gedney Creek (46.111, (xii) Lower Meadow Creek Watershed in: Badger Creek (46.535, –114.833); –115.268). 1706030213. Outlet(s) = Meadow Creek Bear Mtn. Creek (46.471, –114.962); Cliff (iii) Selway River/Three Links Creek (Lat 46.04563958, Long –115.2953459) Creek (46.482, –114.708); Colgate Creek Watershed 1706030203. Outlet(s) = upstream to endpoint(s) in: Buck Lake (46.455, –114.914); Doe Creek (46.534, Selway River (Lat 46.046, Long Creek (45.992, –115.084); Butte Creek –114.914); East Fork Papoose Creek –115.295) upstream to endpoint(s) in: (45.878, –115.248); Fivemile Creek (46.555, –114.743); Jay Creek (46.513, Mink Creek (46.041, –115.087); Otter (45.953, –115.310); Little Boulder Creek –114.739); Lochsa River (46.508, Creek (46.042, –115.216); Pinchot Creek (45.935, –115.293); Meadow Creek –114.681); Postoffice Creek (46.529, (46.120, –115.108); Selway River (45.882, –115.218). –114.948); Squaw Creek (46.567, (46.098, –115.071); Three Links Creek (xiii) O’Hara Creek Watershed –114.859); Unnamed (46.463, –114.923); (46.143, –115.093). 1706030214. Outlet(s) = OHara Creek Wendover Creek (46.521, –114.788); (iv) Upper Three Links Creek (Lat 46.08603027, Long –115.5170987) West Fork Papoose Creek (46.576, Watershed 1706030204. Outlet(s) = upstream to endpoint(s) in: East Fork –114.758); West Fork Postoffice Creek Three Links Creek (Lat 46.143, Long OHara Creek (45.995, –115.521); West (46.493, –114.985); West Fork Squaw –115.093) upstream to endpoint(s) in: Fork O’Hara Creek (45.995, –115.543). Creek (46.545, –114.884). Three Links Creek (46.155, –115.100). (20) Lochsa Subbasin 17060303—(i) (v) Lower Crooked Fork Watershed (v) Rhoda Creek Watershed Lower Lochsa River Watershed 1706030305. Outlet(s) = Crooked Fork 1706030205. Outlet(s) = Rhoda Creek 1706030301. Outlet(s) = Lochsa River Lochsa River (Lat 46.50828495, Long (Lat 46.234, Long –114.960) upstream to (Lat 46.14004554, Long –115.5986467) –114.680785) upstream to endpoint(s) endpoint(s) in: Lizard Creek (46.220, upstream to endpoint(s) in: Canyon in: Crooked Fork Lochsa River (46.578, –115.136); Rhoda Creek (46.252, Creek (46.227, –115.580); Coolwater –114.612).
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00151 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52780 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(vi) Upper Crooked Fork Watershed –115.9797) upstream to endpoint(s) in: –115.580); Beaver Creek (45.943, 1706030306. Outlet(s) = Crooked Fork Maggie Creek (46.195, –115.801); –115.568); Haysfork Creek (45.953, Lochsa River (Lat 46.57831788, Long Middle Fork Clearwater River (46.140, –115.678); Mule Creek (45.985, –114.6115072) upstream to endpoint(s) –115.599). –115.606); Newsome Creek (45.972, in: Boulder Creek (46.636, –114.703); (ii) Clear Creek Watershed –115.654); Nuggett Creek (45.897, Crooked Fork Lochsa River (46.653, 1706030402. Outlet(s) = Clear Creek (Lat –115.600); Pilot Creek (45.939, –114.670); Haskell Creek (46.605, 46.1349, Long –115.9515) upstream to –115.716); Sawmill Creek (45.904, –114.596); Shotgun Creek (46.601, endpoint(s) in: Browns Spring Creek –115.701); Sing Lee Creek (45.898, –114.667). (46.067, –115.658); Clear Creek (46.056, –115.677); West Fork Newsome Creek (vii) Brushy Fork Watershed –115.659); Kay Creek (46.005, (45.880, –115.661). 1706030307. Outlet(s) = Brushy Fork –115.725); Middle Fork Clear Creek (vi) American River Watershed (Lat 46.57831788, Long –114.6115072) (46.030, –115.739); Pine Knob Creek 1706030506. Outlet(s) = American River upstream to endpoint(s) in: Brushy Fork (46.093, –115.702); South Fork Clear (Lat 45.8082, Long –115.4740) upstream (46.619, –114.450); Pack Creek (46.580, Creek (45.941, –115.769); West Fork to endpoint(s) in: American River –114.588); Spruce Creek (46.609, Clear Creek (46.013, –115.821). (45.996, –115.445); Big Elk Creek –114.433). (22) South Fork Clearwater Subbasin (45.902, –115.513); Box Sing Creek (viii) Lower White Sands Creek 17060305—(i) Lower South Fork (45.850, –115.386); Buffalo Gulch Watershed 1706030308. Outlet(s) = Clearwater River Watershed (45.873, –115.522); East Fork American White Sands Creek (Lat 46.50828495, 1706030501. Outlet(s) = South Fork River (45.905, –115.381); Flint Creek Long –114.680785) upstream to Clearwater River (Lat 46.1459, Long (45.913, –115.423); Kirks Fork American endpoint(s) in: Beaver Creek (46.509, –115.9797) upstream to endpoint(s) in: River (45.842, –115.385); Lick Creek –114.619); Cabin Creek (46.518, Butcher Creek (45.945, –116.064); Castle (45.945, –115.477); Little Elk Creek –114.641); Walton Creek (46.500, Creek (45.834, –115.966); Earthquake (45.894, –115.476); Monroe Creek –114.673); White Sands Creek (46.433, Creek (45.853, –116.005); Green Creek (45.871, –115.495); Unnamed (45.884, –114.540). (45.957, –115.937); Lightning Creek –115.510); West Fork American River (ix) Storm Creek Watershed (45.936, –115.946); Mill Creek (45.934, (45.934, –115.510); West Fork Big Elk 1706030309. Outlet(s) = Storm Creek –116.010); Rabbit Creek (46.028, Creek (45.883, –115.515). (Lat 46.46307502, Long –114.5482819) –115.877); Sally Ann Creek (46.019, (vii) Red River Watershed upstream to endpoint(s) in: Maud Creek –115.893); Schwartz Creek (45.914, 1706030507. Outlet(s) = Red River (Lat (46.495, –114.511); Storm Creek (46.540, –116.000); South Fork Clearwater River 45.8082, Long –115.4740) upstream to –114.424). (45.830, –115.931); Wall Creek (45.998, endpoint(s) in: Bridge Creek (45.814, (x) Upper White Sands Creek –115.926). –115.163); Campbell Creek (45.792, Watershed 1706030310. Outlet(s) = (ii) South Fork Clearwater River/ –115.486); Dawson Creek (45.728, White Sands Creek (Lat 46.4330966, Meadow Creek Watershed 1706030502. –115.393); Deadwood Creek (45.794, Long –114.5395027) upstream to Outlet(s) = South Fork Clearwater River –115.471); Ditch Creek (45.7941, endpoint(s) in: Big FCreek (46.401, (Lat 45.8299, Long –115.9312) upstream –115.2923); Jungle Creek (45.710, –114.475); Big SCreek (46.407, to endpoint(s) in: Covert Creek (45.890, –115.286); Little Campbell Creek –114.534); Colt Creek (46.403, –115.933); North Meadow Creek (45.801, –115.478); Little Moose Creek –114.726); White Sands Creek (46.422, (45.923, –115.890); South Fork (45.710, –115.399); Moose Butte Creek –114.462). Clearwater River (45.824, –115.889); (45.695, –115.365); Otterson Creek (xi) Warm Springs Creek Watershed Storm Creek (45.952, –115.848); (45.803, –115.222); Red Horse Creek 1706030311. Outlet(s) = Warm Springs Whitman Creek (45.914, –115.919). (45.822, –115.355); Red River (45.788, Creek (Lat 46.4733796, Long (iii) South Fork Clearwater River/ –115.174); Siegel Creek (45.800, –114.8872254) upstream to endpoint(s) Peasley Creek Watershed 1706030503. –115.323); Soda Creek (45.741, in: Cooperation Creek (46.453, Outlet(s) = South Fork Clearwater River –115.257); South Fork Red River –114.866); Warm Springs Creek (46.426, (Lat 45.8239, Long –115.8892) upstream (45.646, –115.407); Trail Creek (45.784, –114.868). to endpoint(s) in: South Fork Clearwater –115.265); Trapper Creek (45.672, (xii) Fish Lake Creek Watershed River (45.795, –115.763). –115.311); Unnamed (45.788, –115.199); 1706030312. Outlet(s) = Fish Lake Creek (iv) South Fork Clearwater River/ West Fork Red River (45.662, –115.447). (Lat 46.46336343, Long –114.9957028) Leggett Creek Watershed 1706030504. (viii) Crooked River Watershed upstream to endpoint(s) in: Fish Lake Outlet(s) = South Fork Clearwater River 1706030508. Outlet(s) = Crooked River Creek (46.405, –115.000); Heslip Creek (Lat 45.7952, Long –115.7628) upstream (Lat 45.8241, Long –115.5291) upstream (46.393, –115.027); Sponge Creek to endpoint(s) in: Allison Creek (45.832, to endpoint(s) in: American Creek (46.384, –115.048). –115.588); Buckhorn Creek (45.807, (45.7159, –115.9679); East Fork Crooked (xiii) Boulder Creek Watershed –115.658); Fall Creek (45.833, River (45.655, –115.562); East Fork 1706030313. Outlet(s) = Boulder Creek –115.696); Leggett Creek (45.862, Relief Creek (45.7363, –115.4511); (Lat 46.33815653, Long –115.3141495) –115.685); Maurice Creek (45.856, Fivemile Creek (45.721, –115.568); upstream to endpoint(s) in: Boulder –115.514); Moose Creek (45.835, Quartz Creek (45.702, –115.536); Relief Creek (46.320, –115.199). –115.578); Rabbit Creek (45.822, Creek (45.712, –115.472); Silver Creek (xiv) Old Man Creek Watershed –115.603); Santiam Creek (45.811, (45.713, –115.535); Trout Creek 1706030314. Outlet(s) = Old Man Creek –115.624); South Fork Clearwater River (45.6876, –115.9463); West Fork (Lat 46.2524595, Long –115.3988563) (45.808, –115.474); Twentymile Creek Crooked River (45.666, –115.596). upstream to endpoint(s) in: Old Man (45.791, –115.765); Whiskey Creek (ix) Ten Mile Creek Watershed Creek (46.256, –115.343). (45.869, –115.544). 1706030509. Outlet(s) = Tenmile Creek (21) Middle Fork Clearwater Subbasin (v) Newsome Creek Watershed (Lat 45.8064, Long –115.6833) upstream 17060304—(i) Middle Fork Clearwater 1706030505. Outlet(s) = Newsome Creek to endpoint(s) in: Mackey Creek (45.754, River/Maggie Creek Watershed (Lat 45.8284, Long –115.6147) upstream –115.683); Morgan Creek (45.731, 1706030401. Outlet(s) = Middle Fork to endpoint(s) in: Baldy Creek (45.944, –115.672); Sixmile Creek (45.762, Clearwater River (Lat 46.1459, Long –115.681); Bear Creek (45.887, –115.641); Tenmile Creek (45.694,
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00152 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52781
–115.694); Williams Creek (45.703, Pine Creek (46.706, –116.554); Potlatch endpoint(s) in: Crocker Creek (46.254, –115.636). River (46.699, –116.504). –115.859); Lolo Creek (46.381, (x) John’s Creek Watershed (vii) Upper Potlatch River Watershed –115.708); Mud Creek (46.274, 1706030510. Outlet(s) = Johns Creek 1706030607. Outlet(s) = Potlatch River –115.759); Nevada Creek (46.322, (Lat 45.8239, Long –115.8892) upstream (Lat 46.6987, Long –116.5036) upstream –115.735); Pete Charlie Creek (46.289, to endpoint(s) in: American Creek to endpoint(s) in: Corral Creek (46.8012, –115.823); Yakus Creek (46.238, (45.750, –115.961); Frank Brown Creek –116.4746); East Fork Potlatch River –115.763). (45.708, –115.785); Gospel Creek (46.876, –116.247); Feather Creek (xvi) Musselshell Creek Watershed (45.637, –115.915); Johns Creek (45.665, (46.938, –116.411); Head Creek (46.942, 1706030617. Outlet(s) = Jim Brown –115.827); Trout Creek (45.750, –116.366); Little Boulder Creek (46.768, Creek (Lat 46.3098, Long –115.7531) –115.909); West Fork Gospel Creek –116.414); Nat Brown Creek (46.911, upstream to endpoint(s) in: Gold Creek (45.657, –115.949). –116.375); Pasture Creek (46.940, (46.376, –115.735); Jim Brown Creek (xi) Mill Creek Watershed –116.371); Porcupine Creek (46.937, (46.357, –115.790); Musselshell Creek 1706030511. Outlet(s) = Mill Creek (Lat –116.379); Potlatch River (46.941, (46.394, –115.744). 45.8299, Long –115.9312) upstream to –116.359); Ruby Creek (46.7992, (xvii) Upper Lolo Creek Watershed endpoint(s) in: Adams Creek (45.6556, –116.3037); Unnamed (46.8938, 1706030618. Outlet(s) = Lolo Creek (Lat –116.0408); Camp Creek (45.6613, –116.3617); Unnamed (46.922, 46.3815, Long –115.7078) upstream to –115.9820); Corral Creek (45.6719, –116.449); West Fork Potlatch River endpoint(s) in: Camp Creek (46.416, –115.9779); Hunt Creek (45.6768, (46.931, –116.458). –115.624); Lolo Creek (46.425, –115.9640); Mill Creek (45.641, (viii) Clearwater River/Bedrock Creek –115.648); Max Creek (46.384, –116.008); Unnamed (45.6964, Watershed 1706030608. Outlet(s) = –115.679); Relaskon Creek (46.394, –115.9641). Clearwater River (Lat 46.4741, Long –115.647); Siberia Creek (46.384, (xii) Cottonwood Creek Watershed –116.7652) upstream to endpoint(s) in: –115.707); Yoosa Creek (46.408, 1706030513. Outlet(s) = Cottonwood Bedrock Creek (46.5738, –116.5000); –115.589). Creek (Lat 46.0810, Long –115.9764) Clearwater River (46.516, –116.590); (xviii) Eldorado Creek Watershed upstream to endpoint(s) in: Cottonwood Louse Creek ( 46.5380, –116.4411); Pine 1706030619. Outlet(s) = Eldorado Creek Creek (46.0503, –116.1109); Red Rock Creek (46.579, –116.615). (Lat 46.2947, Long –115.7500) upstream Creek (46.0807, –116.1579). (ix) Clearwater River/Jack’s Creek to endpoint(s) in: Cedar Creek (46.298, (23) Clearwater Subbasin 17060306— Watershed 1706030609. Outlet(s) = –115.711); Dollar Creek (46.301, (i) Lower Clearwater River Watershed Clearwater River (Lat 46.5159, Long –115.640); Eldorado Creek (46.300, 1706030601. Outlet(s) = Clearwater –116.5903) upstream to endpoint(s) in: –115.645); Four Bit Creek (46.294, River (Lat 46.4281, Long –117.0380) Clearwater River (46.498, –116.433); –115.644). upstream to endpoint(s) in: Clearwater Jacks Creek (46.435, –116.462). (xix) Clearwater River/Fivemile Creek River (46.447, –116.837). (x) Big Canyon Creek Watershed Watershed 1706030620. Outlet(s) = (ii) Clearwater River/Lower Potlatch 1706030610. Outlet(s) = Big Canyon Clearwater River (Lat 46.4759, Long River Watershed 1706030602. Outlet(s) Creek (Lat 46.4984, Long –116.4326) –116.2543) upstream to endpoint(s) in: = Clearwater River (Lat 46.4467, Long upstream to endpoint(s) in: Big Canyon Clearwater River (46.350, –116.154); –116.8366) upstream to endpoint(s) in: Creek (46.2680, –116.5396); Cold Fivemile Creek (46.3473, –116.1859). Catholic Creek (46.489, –116.841); Springs Creek (46.2500, –116.5210); (xx) Clearwater River/Sixmile Creek Clearwater River (46.474, –116.765); Posthole Canyon (46.318, –116.450); Watershed 1706030621. Outlet(s) = Howard Gulch (46.4976, –116.7791); Sixmile Canyon (46.372, –116.441); Clearwater River (Lat 46.3500, Long Little Potlatch Creek (46.6322, Unnamed (46.3801, –116.3750). –116.8320); Potlatch River (46.523, (xi) Little Canyon Creek Watershed –116.1541) upstream to endpoint(s) in: –116.728). 1706030611. Outlet(s) = Little Canyon Clearwater River (46.257, –116.067); (iii) Potlatch River/Middle Potlatch Creek (Lat 46.4681, Long –116.4172) Sixmile Creek (46.269, –116.213). Creek Watershed 1706030603. Outlet(s) upstream to endpoint(s) in: Little (xxi) Clearwater River/Tom Taha = Potlatch River (Lat 46.5231, Long Canyon Creek (46.295, –116.279). Creek Watershed 1706030622. Outlet(s) –116.7284) upstream to endpoint(s) in: (xii) Clearwater River/Lower Orofino = Clearwater River (Lat 46.2565, Long Middle Potlatch Creek (46.669, Creek Watershed 1706030612. Outlet(s) –116.067) upstream to endpoint(s) in: –116.796); Potlatch River (46.583, = Clearwater River (Lat 46.4984, Long Clearwater River (46.146, –115.980); –116.700). –116.4326) upstream to endpoint(s) in: Tom Taha Creek (46.244, –115.993). (iv) Lower Big Bear Creek Watershed Clearwater River (46.476, –116.254); (xxii) Lower Lawyer Creek Watershed 1706030604. Outlet(s) = Big Bear Creek Orofino Creek (46.485, –116.196); 1706030623. Outlet(s) = Lawyer Creek (Lat 46.6180, Long –116.6439) upstream Whiskey Creek (46.5214, –116.1753). (Lat 46.2257, Long –116.0116) upstream to endpoint(s) in: Big Bear Creek (xiii) Jim Ford Creek Watershed to endpoint(s) in: Lawyer Creek (46.155, (46.7145, –116.6632); Little Bear Creek 1706030614. Outlet(s) = Jim Ford Creek –116.190), Sevenmile Creek (46.1498, (46.7360, –116.7010), West Fork Little (Lat 46.4394, Long –116.2115) upstream –116.0838). Bear Creek (46.7413, –116.7789). to endpoint(s) in: Jim Ford Creek (xxiii) Middle Lawyer Creek (v) Upper Big Bear Creek 1706030605. (46.3957, –115.9570). Watershed 1706030624. Outlet(s) = Outlet(s) = Big Bear Creek (Lat 46.7145, (xiv) Lower Lolo Creek Watershed Lawyer Creek (Lat 46.1546, Long Long –116.6632) upstream to 1706030615. Outlet(s) = Lolo Creek (Lat –116.1899) upstream to endpoint(s) in: endpoint(s) in: East Fork Big Bear Creek 46.3718, Long –116.1697) upstream to Lawyer Creek (46.188, –116.380). (46.8141, –116.5984). endpoint(s) in: Big Creek (46.392, (xxiv) Cottonwood Creek Watershed (vi) Potlatch River/Pine Creek –116.118); Lolo Creek (46.284, 1706030627. Outlet(s) = Cottonwood Watershed 1706030606. Outlet(s) = –115.882), Schmidt Creek (46.3617, Creek (Lat 46.5023, Long –116.7127) Potlatch River (Lat 46.5830, Long –116.0426). upstream to endpoint(s) in: Cottonwood –116.6998) upstream to endpoint(s) in: (xv) Middle Lolo Creek Watershed Creek (46.387, –116.622), Coyote Creek Boulder Creek (46.711, –116.450); 1706030616. Outlet(s) = Lolo Creek (Lat (46.4622, –116.6377), Magpie Creek Leopold Creek (46.6547, –116.4407); 46.2844, Long –115.8818) upstream to (46.4814, –116.6643).
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00153 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52782 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(xxv) Upper Lapwai Creek Watershed (xxvii) Upper Sweetwater Creek Sweetwater Creek (46.331, –116.837); 1706030628. Outlet(s) = Lapwai Creek Watershed 1706030630. Outlet(s) = Tom Beall Creek (46.4240, –116.7822). (Lat 46.3674, Long –116.7352) upstream Webb Creek (Lat 46.3310, Long (24) Lower Snake/Columbia River to endpoint(s) in: Lapwai Creek –116.8369) upstream to endpoint(s) in: Corridor—Lower Snake/Columbia River (46.2961, –116.5955); Unnamed Sweetwater Creek (46.2751, –116.8513); Corridor. Outlet(s) = Columbia River (46.3346, –116.5794). Webb Creek (46.2338, –116.7500). mouth (Lat 46.2485, Long –124.0782) (xxvi) Mission Creek Watershed upstream to endpoint at the confluence (xxviii) Lower Sweetwater Creek 1706030629. Outlet(s) = Mission Creek of the Palouse River (46.589, –117.215). (Lat 46.3674, Long –116.73525) Watershed 1706030631. Outlet(s) = (25) Maps of critical habitat for the upstream to endpoint(s) in: Mission Lapwai Creek (Lat 46.4512, Long Snake River Basin Steelhead ESU Creek (46.2724, –116.6949); Rock Creek –116.8182) upstream to endpoint(s) in: follow: (46.3048, –116.6250). Lapwai Creek (46.364, –116.750); BILLING CODE 3510–22–P
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00154 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52783
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00155 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.139 52784 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00156 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.140 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52785
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00157 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.141 52786 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00158 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.142 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52787
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00159 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.143 52788 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00160 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.144 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52789
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00161 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.145 52790 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00162 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.146 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52791
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00163 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.147 52792 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00164 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.148 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52793
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00165 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.149 52794 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00166 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.150 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52795
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00167 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.151 52796 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00168 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.152 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52797
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00169 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.153 52798 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00170 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.154 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52799
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00171 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.155 52800 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00172 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.156 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52801
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00173 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.157 52802 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00174 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.158 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52803
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00175 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.159 52804 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00176 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.160 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52805
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00177 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.161 52806 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00178 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.162 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52807
BILLING CODE 3510–22–C
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00179 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.163 52808 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(r) Middle Columbia River Steelhead 1703000201. Outlet(s) = Little Naches Watershed 1703000301. Outlet(s) = (Oncorhynchus mykiss). Critical habitat River (Lat 46.9854, Long –121.0915) Ahtanum Creek (Lat 46.5283, Long is designated to include the areas upstream to endpoint(s) in: American –120.4732) upstream to endpoint(s) in: defined in the following subbasins: River (46.9008, –121.4194); Barton Foundation Creek (46.5349, –121.0134); (1) Upper Yakima Subbasin Creek (46.8645, –121.2869); Bear Creek Middle Fork Ahtanum Creek (46.5075, 17030001—(i) Upper Yakima River (47.0793, –121.2415); Blowout Creek –121.0225); Nasty Creek (46.5718, Watershed 1703000101. Outlet(s) = (47.0946, –121.3046); Crow Creek –120.9721); North Fork Ahtanum Creek Yakima River (Lat 47.1770, Long (47.0147, –121.3241); Goat Creek (46.5217, –121.0917); South Fork –120.9964) upstream to endpoint(s) in: (46.9193, –121.2269); Kettle Creek Ahtanum Creek (46.4917, –120.9590); Big Creek (47.1951, –121.1181); Cabin (46.9360, –121.3262); Mathew Creek Unnamed (46.5811, –120.6390). Creek (47.2140, –121.2400); Cle Elum (47.0829, –121.1944); Miner Creek (ii) Upper Lower Yakima River River (47.2457, –121.0729); Kachess (46.9542, –121.3074); Morse Creek Watershed 1703000302. Outlet(s) = River (47.2645, –121.2062); Little Creek (46.9053, –121.4131); North Fork Little Yakima River (Lat 46.5283, Long (47.2002, –121.0842); Peterson Creek Naches River (47.0958, –121.3141); –120.4732) upstream to endpoint(s) in: (47.1765, –121.0592); Tucker Creek Parker Creek (46.9589, –121.2900); Unnamed (46.5460, –120.4383); Yakima (47.2202, –121.1639); Yakima River Pinus Creek (46.9682, –121.2766); River (46.6309, –120.5130). (47.3219, –121.3371). Quartz Creek (47.0382, –121.1128); Scab (iii) Upper Toppenish Creek (ii) Teanaway River Watershed Creek (46.8969, –121.2459); South Fork Watershed 1703000303. Outlet(s) = 1703000102. Outlet(s) = Yakima River Little Naches River (47.0574, Toppenish Creek (Lat 46.3767, Long (Lat 47.1673, Long –120.8338) upstream –121.2760); Sunrise Creek (46.9041, –120.6172) upstream to endpoint(s) in: to endpoint(s) in: Bear Creek (47.3684, –121.2448); Survey Creek (46.9435, Agency Creek (46.3619, –120.9646); –120.7902); DeRoux Creek (47.4202, –121.3296); Timber Creek (46.9113, Branch Creek (46.2958, –120.9969); –120.9477); Dickey Creek (47.2880, –121.3822); Union Creek (46.9366, North Fork Simcoe Creek (46.4548, –120.8322); Indian Creek (47.3216, –121.3596); Unnamed (46.8705, –120.9307); North Fork Toppenish –120.8145); Jack Creek (47.3414, –121.2809); Unnamed (46.8741, Creek (46.3217, –120.9985); Old Maid –120.8130); Jungle Creek (47.3453, –121.2956); Unnamed (46.8872, Canyon (46.4210, –120.9349); South –120.8951); Mason Creek (47.2528, –121.2811); Unnamed (46.8911, Fork Toppenish Creek (46.2422, –120.7889); Middle Creek (47.2973, –121.2816); Unnamed (46.9033, –121.0885); Toppenish Creek (46.3180, –120.8204); Middle Fork Teanaway –121.4162); Unnamed (46.9128, –121.1387); Unnamed (46.3758, River (47.3750, –120.9800); Standup –121.2286); Unnamed (46.9132, –120.9336); Unnamed (46.4555, Creek (47.3764, –120.8362); Tillman –121.4058); Unnamed (46.9158, –120.8436); Wahtum Creek (46.3942, Creek (47.1698, –120.9798); Unnamed –121.3710); Unnamed (46.9224, –120.9146); Willy Dick Canyon (47.2809, –120.8995); West Fork –121.2200); Unnamed (46.9283, (46.2952, –120.9021). Teanaway River (47.3040, –121.0179); –121.3484); Unnamed (46.9302, (iv) Lower Toppenish Creek Yakima River (47.1770, –120.9964). –121.2103); Unnamed (46.9339, Watershed 1703000304. Outlet(s) = (iii) Middle Upper Yakima River –121.1970); Unnamed (46.9360, Yakima River (Lat 46.3246, Long Watershed 1703000103. Outlet(s) = –121.3482); Unnamed (46.9384, –120.1671) upstream to endpoint(s) in: Yakima River (Lat 46.8987, Long –121.3200); Unnamed (46.9390, Toppenish Creek (46.3767, –120.6172); –120.5035) upstream to endpoint(s) in: –121.1898); Unnamed (46.9396, Unnamed (46.3224, –120.4464); Badger Creek (46.9305, –120.4805); –121.3404); Unnamed (46.9431, Unnamed (46.3363, –120.5891); Coleman Creek (46.9636, –120.4764); –121.3088); Unnamed (46.9507, Unnamed (46.3364, –120.2288); Cooke Creek (46.9738, –120.4381); Dry –121.2894); Unnamed (47.0774, Unnamed (46.3679, –120.2801); Creek (47.0366, –120.6122); First Creek –121.3092); Wash Creek (46.9639, Unnamed (46.4107, –120.5582); (47.2082, –120.6732); Iron Creek –121.2810). (47.3495, –120.7032); Manastash Creek (ii) Naches River/Rattlesnake Creek Unnamed (46.4379, –120.4258); Yakima (46.9657, –120.7347); Naneum Creek Watershed 1703000202. Outlet(s) = River (46.5283, –120.4732). (46.9561, –120.4987); North Fork Naches River (Lat 46.7467, Long (v) Satus Creek Watershed Taneum Creek (47.1224, –121.0396); –120.7858) upstream to endpoint(s) in: 1703000305. Outlet(s) = Satus Creek Reecer Creek (47.0066, –120.5817); Glass Creek (46.8697, –121.0974); Gold (Lat 46.2893, Long –120.1972) upstream South Fork Taneum Creek (47.0962, Creek (46.9219, –121.0464); Hindoo to endpoint(s) in: Bull Creek (46.0314, –120.9713); Swauk Creek (47.3274, Creek (46.7862, –121.1689); Little –120.5147); Kusshi Creek (46.0994, –120.6586); Unnamed (46.9799, Rattlesnake Creek (46.7550, –121.0543); –120.6094); Logy Creek (46.1357, –120.5407); Unnamed (47.0000, Lost Creek (46.9200, –121.0568); Naches –120.6389); Mule Dry Creek (46.0959, –120.5524); Unnamed (47.0193, River (46.9854, –121.0915); North Fork –120.3186); North Fork Dry Creek –120.5676); Williams Creek (47.2638, Rattlesnake Creek (46.8340, –121.1439); (46.1779, –120.7669); Satus Creek –120.6513); Wilson Creek (46.9931, Rattlesnake Creek (46.7316, –121.2339); (46.0185, –120.7268); Unnamed –120.5497); Yakima River (47.1673, Rock Creek (46.8847, –120.9718). (46.0883, –120.5278); Wilson Charley –120.8338). (iii) Naches River/Tieton River Canyon (46.0419, –120.6479). (iv) Umtanum/Wenas Watershed Watershed 1703000203. Outlet(s) = (vi) Yakima River/Spring Creek 1703000104. Outlet(s) = Yakima River Naches River (Lat 46.6309, Long Watershed 1703000306. Outlet(s) = (Lat 46.6309, Long –120.5130) upstream –120.5130) upstream to endpoint(s) in: Yakima River (Lat 46.3361, Long to endpoint(s) in: Burbank Creek Naches River (46.7467, –120.7858); Oak –119.4817) upstream to endpoint(s) in: (46.7663, –120.4238); Lmuma Creek Creek (46.7295, –120.9348); South Fork Corral Creek (46.2971, –119.5302); Satus (46.8224, –120.4510); Umtanum Creek Cowiche Creek (46.6595, –120.7601); Creek (46.2893, –120.1972); Snipes (46.8928, –120.6130); Wenas Creek Tieton River (46.6567, –121.1287); Creek (46.2419, –119.6802); Spring (46.7087, –120.5179); Yakima River Unnamed (46.6446, –120.5923); Wildcat Creek (46.2359, –119.6952); Unnamed (46.8987, –120.5035). Creek (46.6715, –121.1520). (46.2169, –120.0189); Unnamed (2) Naches Subbasin 17030002—(i) (3) Lower Yakima Subbasin (46.2426, –120.0993); Unnamed Little Naches River Watershed 17030003—(i) Ahtanum Creek (46.2598, –120.1322); Unnamed
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00180 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52809
(46.2514, –120.0190); Yakima River Cabin Gulch (45.8056, –118.0593); Touchet River (46.3196, –117.9841); (46.3246, –120.1671). Couse Creek (45.8035, –118.2032); Whisky Creek (46.2438, –118.0785). (vii) Yakima River/Cold Creek Elbow Creek (45.7999, –118.1462); Kees (v) Lower Touchet River Watershed Watershed 1703000307. Outlet(s) = Canyon (45.8262, –118.0927); Little 1707010207. Outlet(s) = Touchet River Yakima River (Lat 46.2534, Long Meadow Canyon (45.9094, –118.1333); (Lat 46.0340, Long –118.6828) upstream –119.2268) upstream to endpoint(s) in: North Fork Walla Walla River (45.9342, to endpoint(s) in: Touchet River Yakima River (46.3361, –119.4817). –118.0169); Reser Creek (45.8840, (46.2952, –118.3320). (4) Middle Columbia/Lake Wallula –117.9950); Rodgers Gulch (45.8513, (vi) Cottonwood Creek Watershed Subbasin 17070101—(i) Upper Lake –118.0839); Skiphorton Creek (45.8892, 1707010208. Outlet(s) = Walla Walla Wallula Watershed 1707010101. –118.0255); South Fork Walla Walla River (Lat 46.0391, Long –118.4779) Outlet(s) = Columbia River (Lat 46.0594, River (45.9512, –117.9647); Swede upstream to endpoint(s) in: Birch Creek Long –118.9445) upstream to Canyon (45.8506, –118.0640); Table (45.9489, –118.2541); Caldwell Creek endpoint(s) in: Columbia River Creek (45.8540, –118.0546); Unnamed (46.0493, –118.3022); East Little Walla (46.1776, –119.0183). (45.8026, –118.1412); Unnamed Walla River (46.0009, –118.4069); (ii) Lower Lake Wallula Watershed (45.8547, –117.9915); Unnamed Garrison Creek (46.0753, –118.2726); 1707010102. Outlet(s) = Columbia River (45.8787–118.0387); Unnamed (45.8868, Middle Fork Cottonwood Creek (Lat 45.9376, Long –119.2969) upstream –117.9629); Unnamed (45.9095, (45.9566, –118.1776); North Fork to endpoint(s) in: Columbia River –117.9621). Cottonwood Creek (45.9738, –118.1533); (46.0594, –118.9445). (ii) Mill Creek Watershed 1707010202. Reser Creek (46.0370, –118.3085); (iii) Glade Creek Watershed Outlet(s) = Mill Creek (Lat 46.0391, Russell Creek (46.0424, –118.2488); 1707010105. Outlet(s) = Glade Creek Long –118.4779) upstream to South Fork Cottonwood Creek (45.9252, (Lat 45.8895, Long –119.6809) upstream endpoint(s) in: Blue Creek (46.0188, –118.1798); Stone Creek (46.0618, to endpoint(s) in: Glade Creek (45.8978, –118.0519); Broken Creek (45.9745, –118.3081); Unnamed (45.9525, –119.6962). –117.9899); Cold Creek (46.0540, –118.2513); Unnamed (46.0022, (iv) Upper Lake Umatilla Watershed –118.4097); Deadman Creek (46.0421, –118.4070); Walla Walla River (45.9104, 1707010106. Outlet(s) = Columbia River –117.9503); Doan Creek (46.0437, –118.3696); Yellowhawk Creek (Lat 45.8895, Long –119.6809) upstream –118.4353); Green Fork (46.0298, (46.0753, –118.2726). to endpoint(s) in: Columbia River –117.9389); Henry Canyon (45.9554, (vii) Dry Creek Watershed (45.9376, –119.2969). –118.1104); Low Creek (45.9649, 1707010210. Outlet(s) = Dry Creek (Lat (v) Middle Lake Umatilla Watershed –117.9980); Mill Creek (46.0112, 46.0507, Long –118.5932) upstream to 1707010109. Outlet(s) = Columbia River –117.9406); North Fork Mill Creek endpoint(s) in: Dry Creek (46.0725, (Lat 45.8318, Long –119.9069) upstream (46.0322, –117.9937); Paradise Creek –118.0268); Mud Creek (46.1414, to endpoint(s) in: Columbia River (46.0005, –117.9900); Tiger Creek –118.1313); South Fork Dry Creek (45.8895, –119.6809). (45.9588, –118.0253); Unnamed (46.0751, –118.0514); Unnamed (vi) Alder Creek Watershed (46.0253, –117.9320); Unnamed (46.1122, –118.1141). 1707010110. Outlet(s) = Alder Creek (46.0383, –117.9463); Webb Creek (viii) Lower Walla Walla River (Lat 45.8298, Long –119.9277) upstream (45.9800, –118.0875). Watershed 1707010211. Outlet(s) = to endpoint(s) in: Alder Creek (45.8668, (iii) Upper Touchet River Watershed Walla Walla River (Lat 46.0594, Long –119.9224). 1707010203. Outlet(s) = Touchet River –118.9445) upstream to endpoint(s) in: (vii) Pine Creek Watershed (Lat 46.3196, Long –117.9841) upstream Walla Walla River (46.0391, –118.4779). 1707010111. Outlet(s) = Pine Creek (Lat to endpoint(s) in: Burnt Fork (46.0838, (6) Umatilla Subbasin 17070103—(i) 45.7843, Long –120.0823) upstream to –117.9311); Coates Creek (46.1585, Upper Umatilla River Watershed endpoint(s) in: Pine Creek (45.8234, –117.8431); Green Fork (46.0737, 1707010301. Outlet(s) = Umatilla River –120.1396). –117.9712); Griffin Fork (46.1100, (Lat 45.7024, Long –118.3593) upstream (viii) Wood Gulch Watershed –117.9336); Ireland Gulch (46.1894, to endpoint(s) in: Bear Creek (45.7595, 1707010112. Outlet(s) = Wood Creek –117.8070); Jim Creek (46.2156, –118.1942); Bobsled Creek (45.7268, (Lat 45.7443, Long –120.1930) upstream –117.7959); Lewis Creek (46.1855, –118.2503); Buck Creek (45.7081, to endpoint(s) in: Big Horn Canyon –117.7791); North Fork Touchet River –118.1059); East Fork Coyote Creek (45.8322, –120.2467); Wood Gulch (46.0938, –117.8460); North Patit Creek (45.7553, –118.1263); Johnson Creek #4 (45.8386, –120.3006). (46.3418, –117.7538); Robinson Fork (45.7239, –118.0797); Lake Creek #2 (ix) Rock Creek Watershed (46.1200, –117.9006); Rodgers Gulch (45.7040, –118.1297); Lick Creek 1707010113. Outlet(s) = Rock Creek (Lat (46.2813, –117.8411); Spangler Creek (45.7400, –118.1880); North Fork 45.6995, Long –120.4597) upstream to (46.1156, –117.7934); Unnamed Umatilla River (45.7193, –118.0244); endpoint(s) in: Rock Creek (45.8835, (46.1049, –117.9351); Unnamed Rock Creek (45.7629, –118.2377); Ryan –120.5557); Squaw Creek (45.8399, (46.1061, –117.9544); Unnamed Creek (45.6362, –118.2963); –120.4935). (46.1206, –117.9386); Unnamed Shimmiehorn Creek (45.6184, (x) Lower Lake Umatilla Watershed (46.1334, –117.9512); Unnamed –118.1908); South Fork Umatilla River 1707010114. Outlet(s) = Columbia River (46.1604, –117.9018); Unnamed (45.6292, –118.2424); Spring Creek #2 (Lat 45.7168, Long –120.6927) upstream (46.2900, –117.7339); Weidman Gulch (45.6288, –118.1525); Swamp Creek to endpoint(s) in: Chapman Creek (46.2359, –117.8067); West Patit Creek (45.6978, –118.1356); Thomas Creek (45.7293, –120.3148); Columbia River (46.2940, –117.7164); Whitney Creek (45.6546, –118.1435); Unnamed (45.8318, –119.9069). (46.1348, –117.8491); Wolf Fork (45.6548, –118.1371); Unnamed (5) Walla Walla Subbasin 17070102— (46.1035, –117.8797). (45.6737, –118.1616); Unnamed (i) Upper Walla Walla River Watershed (iv) Middle Touchet River Watershed (45.6938, –118.3036); Unnamed 1707010201. Outlet(s) = Walla Walla 1707010204. Outlet(s) = Touchet River (45.7060, –118.2123); Unnamed River (Lat 45.9104, Long –118.3696) (Lat 46.2952, Long –118.3320) upstream (45.7200, –118.3092); Unnamed upstream to endpoint(s) in: Bear Creek to endpoint(s) in: North Fork Coppei (45.7241, –118.3197); Unnamed (45.8528, –118.0991); Big Meadow Creek (46.1384, –118.0181); South Fork (45.7281, –118.1604); Unnamed Canyon (45.900, –118.1116); Burnt Coppei Creek (46.1302, –118.0608); (45.7282, –118.3372); Unnamed
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00181 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52810 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(45.7419, –118.1586); West Fork Coyote –118.7518); Little Pearson Creek (45.6826, –121.3896); Rock Creek Creek (45.7713, –118.1513); Woodward (45.3852, –118.7415); Merle Gulch (45.6649, –121.4352). Creek (45.7484, –118.0760). (45.3450, –118.8136); Owings Creek (vi) White Salmon River Watershed (ii) Meacham Creek Watershed (45.3864, –118.9600); Pearson Creek 1707010509. Outlet(s) = White Salmon 1707010302. Outlet(s) = Meacham Creek (45.2901, –118.7985); South Canyon #2 River (Lat 45.7267, Long –121.5209) (Lat 45.7024, Long –118.3593) upstream (45.3444, –118.6949); Unnamed upstream to endpoint(s) in: Unnamed to endpoint(s) in: Bear Creek #3 (45.2703, –118.7624); Unnamed (45.7395, –121.5500); White Salmon (45.4882, –118.1993); Beaver Creek (45.3016, –118.7705); Unnamed River (45.7676, –121.5374). (45.4940, –118.4411); Boston Canyon (45.3232, –118.7264); Unnamed (vii) Middle Columbia/Grays Creek (45.6594, –118.3344); Butcher Creek (45.3470, –118.7984); Unnamed Watershed 1707010512. Outlet(s) = (45.4558, –118.3737); Camp Creek (45.3476, –118.6703); Unnamed Columbia River (Lat 45.7070, Long (45.5895, –118.2800); Duncan Canyon (45.3511, –118.6328); Unnamed –121.7943) upstream to endpoint(s) in: (45.5674, –118.3244); East Meacham (45.4628, –118.7491); West Birch Creek Catherine Creek (45.7448, –121.4206); Creek (45.4570, –118.2212); Hoskins (45.2973, –118.8341); Willow Spring Columbia River (45.6920, –121.2937); Creek (45.5188, –118.2059); Line Creek Canyon (45.3426, –118.9833). Dog Creek (45.7200, –121.6804); East (45.6303, –118.3291); Meacham Creek (vi) Umatilla River/Alkali Canyon Fork Major Creek (45.8005, –121.3449); (45.4364, –118.3963); North Fork Watershed 1707010307. Outlet(s) = Hanson Creek (45.7472, –121.3143); Meacham Creek (45.5767, –118.1721); Umatilla River (Lat 45.7831, Long Jewett Creek (45.7524, –121.4704); Owsley Creek (45.4349, –118.2434); Pot –119.2372) upstream to endpoint(s) in: Rowena Creek (45.6940, –121.3122); Creek (45.5036, –118.1438); Sheep Umatilla River (45.6559, –118.8804). Unnamed (45.7238, –121.7227); Creek (45.5121, –118.3945); Twomile (vii) Lower Umatilla River Watershed Unnamed (45.7248, –121.7322); Creek (45.5085, –118.4579); Unnamed 1707010313. Outlet(s) = Umatilla River Unnamed (45.7303, –121.3095); (45.4540, –118.2192); Unnamed (Lat 45.9247, Long –119.3575) upstream Unnamed (45.7316, –121.3094); (45.5585, –118.2064); Unnamed to endpoint(s) in: Umatilla River Unnamed (45.7445, –121.3309); (45.6019, –118.2971); Unnamed (45.7831, –119.2372); Unnamed Unnamed (45.7486, –121.3203); Unnamed (45.7530, –121.4697); (45.6774, –118.3415). (45.8202, –119.3305). (iii) Umatilla River/Mission Creek Unnamed (45.7632, –121.4795); (7) Middle Columbia/Hood Subbasin Watershed 1707010303. Outlet(s) = Unnamed (45.7954, –121.3863); 17070105—(i) Upper Middle Columbia/ Umatilla River (Lat 45.6559, Long Unnamed (45.8003, –121.4062); West Hood Watershed 1707010501. Outlet(s) –118.8804) upstream to endpoint(s) in: Fork Major Creek (45.8117, –121.3929). = Columbia River (Lat 45.6426, Long Bachelor Canyon (45.6368, –118.3890); (8) Klickitat Subbasin 17070106—(i) –120.9142) upstream to endpoint(s) in: Buckaroo Creek (45.6062, –118.5000); Upper Klickitat River Watershed Columbia River (45.7168, –120.6927); Coonskin Creek (45.6556, –118.5239); 1707010601. Outlet(s) = Klickitat River Cottonwood Creek (45.6122, –118.5704); Frank Fulton Canyon (45.6244, (Lat 46.1263, Long –121.2881) upstream Little Squaw Creek (45.5969, –120.8258); Spanish Hollow Creek to endpoint(s) in: Cedar Creek (46.2122, –118.4095); Mission Creek (45.6256, (45.6469, –120.8069); Unnamed –121.2042); Coyote Creek (46.4640, –118.6133); Moonshine Creek (45.6166, (45.6404, –120.8654). –121.1839); Cuitin Creek (46.4602, –118.5392); Patawa Creek (45.6424, (ii) Fifteenmile Creek Watershed –121.1662); Diamond Fork (46.4794, –118.7125); Red Elk Canyon (45.6773, 1707010502. Outlet(s) = Fifteenmile –121.2284); Huckleberry Creek (46.4273, –118.4431); Saddle Hollow (45.7067, Creek (Lat 45.6197, Long –121.1265) –121.3720); Klickitat River (46.4439, –118.3968); South Patawa Creek upstream to endpoint(s) in: Cedar Creek –121.3756); McCreedy Creek (46.3319, (45.6250, –118.6919); Squaw Creek (45.3713, –121.4153); Dry Creek –121.2529); Piscoe Creek (46.3708, (45.5584, –118.4389); Stage Gulch (45.4918, –121.0479); Fifteenmile Creek –121.1436); Surveyors Creek (46.2181, (45.6533, –118.4481); Thorn Hollow (45.3658, –121.4390); Ramsey Creek –121.1838); Unnamed (46.4476, Creek (45.6957, –118.4530); Umatilla (45.3979, –121.4454); Unnamed –121.2575); Unnamed (46.4585, River (45.7024, –118.3593); Unnamed (45.3768, –121.4410). –121.2565); West Fork Klickitat River (45.5649, –118.4221); Unnamed (iii) Fivemile Creek Watershed (46.2757, –121.3267). (45.6092, –118.7603); Unnamed 1707010503. Outlet(s) = Eightmile Creek (ii) Middle Klickitat River Watershed (45.6100, –118.4046); Unnamed (Lat 45.6064, Long –121.0854) upstream 1707010602. Outlet(s) = Klickitat River (45.6571, –118.7473); Unnamed to endpoint(s) in: Eightmile Creek (Lat 45.9858, Long –121.1233) upstream (45.6599, –118.4641); Unnamed (45.3944, –121.4983); Middle Fork to endpoint(s) in: Bear Creek (46.0770, (45.6599, –118.4711); Unnamed Fivemile Creek (45.4502, –121.4324); –121.2262); Klickitat River (46.1263, (45.6676, –118.6176); Unnamed South Fork Fivemile Creek (45.4622, –121.2881); Outlet Creek (46.0178, (45.6688, –118.5575); Unnamed –121.3641). –121.1740); Summit Creek (46.0035, (45.6745, –118.5859). (iv) Middle Columbia/Mill Creek –121.0918); Trout Creek (46.1166, (iv) McKay Creek Watershed Watershed 1707010504. Outlet(s) = –121.1968); White Creek (46.1084, 1707010305. Outlet(s) = McKay Creek Columbia River (Lat 45.6920, Long –121.0730). (Lat 45.6685, Long –118.8400) upstream –121.2937) upstream to endpoint(s) in: (iii) Little Klickitat River Watershed to endpoint(s) in: McKay Creek Brown Creek (45.5911, –121.2729); 1707010603. Outlet(s) = Little Klickitat (45.6077, –118.7917). Chenoweth Creek (45.6119, –121.2658); River (Lat 45.8452, Long –121.0625) (v) Birch Creek Watershed Columbia River (45.6426, –120.9142); upstream to endpoint(s) in: Blockhouse 1707010306. Outlet(s) = Birch Creek North Fork Mill Creek (45.4999, Creek (45.8188, –120.9813); Butler (Lat 45.6559, Long –118.8804) upstream –121.4537); South Fork Mill Creek Creek (45.9287, –120.7005); Canyon to endpoint(s) in: Bear Creek (45.2730, (45.5187, –121.3367); Threemile Creek Creek (45.8833, –121.0504); East Prong –118.8939); Bridge Creek (45.3603, (45.5598, –121.1747). Little Klickitat River (45.9279, –118.9039); California Gulch (45.3950, (v) Mosier Creek Watershed –120.6832); Mill Creek (45.8374, –118.8149); Dark Canyon (45.3119, 1707010505. Outlet(s) = Mosier Creek –121.0001); Unnamed (45.8162, –118.7572); East Birch Creek (45.3676, (Lat 45.6950, Long –121.3996) upstream –120.9288); West Prong Little Klickitat –118.6085); Johnson Creek #2 (45.3931, to endpoint(s) in: Mosier Creek River (45.9251, –120.7202).
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00182 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52811
(iv) Lower Klickitat River Watershed (iv) Upper John Day River Watershed (44.5409, –119.0207); Hog Creek 1707010604. Outlet(s) = Klickitat River 1707020106. Outlet(s) = John Day River (44.5484, –119.0379); Little Beech Creek (Lat 45.6920, Long –121.2937) upstream (Lat 44.4534, Long –118.6711) upstream (44.4676, –118.9733); McClellan Creek to endpoint(s) in: Dead Canyon to endpoint(s) in: Bogue Gulch (44.3697, #2 (44.5570, –118.9490); Tinker Creek (45.9473, –121.1734); Dillacort Canyon –118.5200); Call Creek (44.2973, (44.5550, –118.8892); Unnamed (45.7349, –121.1904); Klickitat River –118.5169); Crescent Creek (44.2721, (44.5349, –119.0827). (45.9858, –121.1233); Logging Camp –118.5473); Dads Creek (44.5140, (viii) Laycock Creek Watershed Canyon (45.7872, –121.2260); Snyder –118.6463); Dans Creek (44.4989, 1707020110. Outlet(s) = John Day River Canyon (45.8431, –121.2152); Swale –118.5920); Deardorff Creek (44.3665, (Lat 44.4155, Long –119.2230) upstream Creek (45.7218, –121.0475); Wheeler –118.4596); Eureka Gulch (44.4801, to endpoint(s) in: Birch Creek #2 Canyon (45.7946, –121.1615). –118.5912); Graham Creek (44.3611, (44.4353, –119.2148); East Fork Dry (9) Upper John Day Subbasin –118.6084); Isham Creek (44.4649, Creek (44.4896, –119.1817); Fall Creek 17070201—(i) Middle South Fork John –118.5626); Jeff Davis Creek (44.4813, #2 (44.3551, –119.0420); Hanscombe Day Watershed 1707020103. Outlet(s) = –118.6370); John Day River (44.2503, Creek (44.3040, –119.0513); Harper South Fork John Day River (Lat 44.1918, –118.5256); Mossy Gulch (44.4641, Creek (44.3485, –119.1259); Ingle Creek Long –119.5261) upstream to –118.5211); North Reynolds Creek (44.3154, –119.1153); John Day River endpoint(s) in: Blue Creek (44.2183, (44.4525, –118.4886); Rail Creek #2 (44.4225, –118.9584); Laycock Creek –119.3679); Corral Creek (44.1688, (44.3413, –118.5017); Reynolds Creek (44.3118, –119.0842); McClellan Creek –119.3573); North Fork Deer Creek (44.4185, –118.4507); Roberts Creek (44.3510, –119.2004); Moon Creek (44.2034, –119.3009); South Fork Deer (44.3060, –118.5815); Thompson Creek (44.3483, –119.2389); Riley Creek Creek (44.1550, –119.3457); South Fork (44.3581, –118.5395); Unnamed (44.3450, –119.1664). John Day River (44.1822, –119.5243) (44.2710, –118.5412). (ix) Fields Creek Watershed Unnamed (44.1824, –119.4210); Vester (v) Canyon Creek Watershed 1707020111. Outlet(s) = John Day River Creek (44.1794, –1193872). 1707020107. Outlet(s) = Canyon Creek (Lat 44.4740, Long –119.5344) upstream (Lat 44.4225, Long –118.9584) upstream (ii) Murderers Creek Watershed to endpoint(s) in: Belshaw Creek to endpoint(s) in: Berry Creek (44.3084, 1707020104. Outlet(s) = Murderers (44.5460, –119.2025); Bridge Creek –118.8791); Brookling Creek (44.3042, Creek (Lat 44.3146, Long –119.5383) (44.4062, –119.4180); Buck Cabin Creek –118.8363); Canyon Creek (44.2368, upstream to endpoint(s) in: Bark Cabin (44.3412, –119.3313); Cummings Creek –118.7775); Crazy Creek #2 (44.2165, Creek (44.2481, –119.3967); Basin Creek (44.5043, –119.3250); Fields Creek –118.7751); East Brookling Creek (44.2700, –119.1711); Cabin Creek (44.3260, –119.2828); Flat Creek (44.3029, –118.8082); East Fork Canyon (44.3420, –119.4403); Charlie Mack (44.3930, –119.4386); John Day River Creek (44.2865, –118.7939); Middle Creek (44.2708, –119.2344); Crazy Creek (44.4155, –119.2230); Marks Creek Fork Canyon Creek (44.2885, (44.2421, –119.4282); Dans Creek (44.5162, –119.3886); Wickiup Creek –118.7500); Skin Shin Creek (44.3036, (44.3713, –119.3239); Widows Creek (44.2500, –119.2774); Duncan Creek –118.8488); Tamarack Creek #2 (44.3752, –119.3819); Wiley Creek (44.3219, –119.3555); Lemon Creek (44.2965, –118.8611); Unnamed (44.4752, –119.3784). (44.2528, –119.2500); Miner Creek (44.2500, –118.8298); Unnamed (44.3237, –119.2416); Orange Creek (44.2717, –118.7500); Unnamed (x) Upper Middle John Day Watershed (44.2524, –119.2613); Oregon Mine (44.2814, –118.7620); Vance Creek 1707020112. Outlet(s) = John Day River Creek (44.2816, –119.2945); South Fork (44.2929, –118.9989); Wall Creek (Lat 44.5289, Long –119.6320) upstream Murderers Creek (44.2318, –119.3221); (44.2543, –118.8308). to endpoint(s) in: Back Creek (44.4164, Sugar Creek (44.2914, –119.2326); (vi) Strawberry Creek Watershed –119.6858); Battle Creek (44.4658, Tennessee Creek (44.3041, –119.3029); 1707020108. Outlet(s) = John Day River –119.5863); Cottonwood Creek (44.3863, Thorn Creek (44.3113, –119.3157); Todd (Lat 44.4225, Long –118.9584) upstream –119.7376); Cougar Creek (44.4031, Creek (44.3291, –119.3976); Unnamed to endpoint(s) in: Bear Creek (44.5434, –119.7056); East Fork Cottonwood Creek (44.3133, –119.3533); Unnamed –118.7508); Dixie Creek (44.5814, (44.3846, –119.6177); Ferris Creek (44.3250, –119.3476); White Creek –118.7257); Dog Creek (44.3635, (44.5446, –119.5250); Franks Creek (44.2747, –119.1866). –118.8890); Grub Creek (44.5189, (44.5067, –119.4903); John Day River (iii) Lower South Fork John Day –118.8050); Hall Creek (44.5479, (44.4740, –119.5344); Rattlesnake Creek Watershed 1707020105. Outlet(s) = –118.7894); Indian Creek #3 (44.3092, (44.4673, –119.6953); Unnamed South Fork John Day River (Lat 44.4740, –118.7438); John Day River (44.4534, (44.3827, –119.6479); Unnamed Long –119.5344) upstream to –118.6711); Little Pine Creek (44.3771, (44.3961, –119.7403); Unnamed endpoint(s) in: Cougar Gulch (44.2279, –118.9103); Onion Creek (44.3151, (44.4082, –119.6916). –119.4898); Frazier Creek (44.2200, –118.6972); Overholt Creek (44.3385, (xi) Mountain Creek Watershed –119.5745); Jackass Creek (44.3564, –118.7196); Pine Creek (44.3468, 1707020113. Outlet(s) = Mountain Creek –119.4958); North Fork Wind Creek –118.8345); Slide Creek (44.2988, (Lat 44.5214, Long –119.7138) upstream (44.3019, –119.6632); Payten Creek –118.6583); Standard Creek (44.5648, to endpoint(s) in: Badger Creek (44.3692, –119.6185); Smoky Creek –118.6468); Strawberry Creek (44.3128, (44.4491, –120.1186); Fopiano Creek (44.3893, –119.4791); South Fork Black –118.6772); West Fork Little Indian (44.5899, –119.9429); Fort Creek Canyon Creek (44.3789, –119.7293); Creek (44.3632, –118.7918). (44.4656, –119.9253); Fry Creek South Fork John Day River (44.1918, (vii) Beech Creek Watershed (44.4647, –119.9940); Keeton Creek –119.5261); South Fork Wind Creek 1707020109. Outlet(s) = Beech Creek (44.4632, –120.0195); Mac Creek (44.2169, –119.6192); South Prong Creek (Lat 44.4116, Long –119.1151) upstream (44.4739, –119.9359); Milk Creek (44.3093, –119.6558); Squaw Creek to endpoint(s) in: Bear Creek (44.5268, (44.4649, –120.1526); Unnamed (44.3000, –119.6143); Unnamed –119.1002); Beech Creek (44.5682, (44.4700, –119.9427); Unnamed (44.2306, –119.6095); Unnamed –119.1170); Clear Creek (44.5522, (44.4703, –120.0328); Unnamed (44.2358, –119.6013); Unnamed –118.9942); Cottonwood Creek (44.5758, (44.4703, –120.0597); Unnamed (44.3052, –119.6332); Wind Creek –119.0694); East Fork Beech Creek (44.4827, –119.8970); Willow Creek (44.2793, –119.6515). (44.5248, –118.9023); Ennis Creek (44.6027, –119.8746).
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00183 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52812 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(xii) Rock Creek Watershed (44.8503, –118.5065); Lightning Creek (v) Upper Camas Creek Watershed 1707020114. Outlet(s) = Rock Creek (Lat (44.7256, –118.5011); Lost Creek 1707020205. Outlet(s) = Camas Creek 44.5289, Long –119.6320) upstream to (44.7620, –118.5822); North Fork Ruby (Lat 45.1576, Long –118.8411) upstream endpoint(s) in: Baldy Creek (44.3906, Creek (44.7898, –118.5073); Olive Creek to endpoint(s) in: Bear Wallow Creek –119.7651); Bear Creek (44.3676, (44.7191, –118.4677); Rabbit Creek (45.2501, –118.7502); Bowman Creek –119.8401); Fir Tree Creek (44.3902, (44.7819, –118.5616); Ruby Creek (45.2281, –118.7028); Butcherknife –119.7893); First Creek (44.4086, (44.7797, –118.5237); South Fork Beaver Creek (45.1495, –118.6913); Camas –119.8120); Fred Creek (44.4602, Creek (44.7432, –118.4272); Squaw Creek (45.1751, –118.5548); Dry Camas –119.8549); Little Windy Creek Creek #5 (44.8552, –118.4705); Creek (45.1582, –118.5846); Frazier (44.3751, –119.7595); Pine Hollow #2 Unnamed (44.8427, –118.4233); West Creek (45.1196, –118.6152); Hidaway (44.5007, –119.8559); Rock Creek Fork Clear Creek (44.7490, –118.5440); Creek (45.0807, –118.5788); Lane Creek (44.3509, –119.7636); Second Creek West Ten Cent Creek (44.8709, (45.2429, –118.7749); Line Creek (44.3984, –119.8075); Unnamed –118.4377); Wolesy Creek (44.7687, (45.1067, –118.6562); North Fork Cable (44.4000, –119.8501); Unnamed –118.5540). Creek (45.0535, –118.6569); Rancheria (44.4232, –119.7271); West Fork Birch (iii) North Fork John Day River/Big Creek (45.2144, –118.6552); Salsbury Creek (44.4365, –119.7500). Creek Watershed 1707020203. Outlet(s) Creek (45.2022, –118.6206); South Fork (xiii) John Day River/Johnson Creek = North Fork John Day River (Lat Cable Creek (45.0077, –118.6942); Watershed 1707020115. Outlet(s) = John 44.9976, Long –118.9444) upstream to Unnamed (45.0508, –118.6536); Day River (Lat 44.7554, Long –119.6382) endpoint(s) in: Backout Creek (44.8560, Unnamed (45.0579, –118.6705); upstream to endpoint(s) in: Buckhorn –118.6289); Basin Creek (44.9081, Unnamed (45.0636, –118.6198); Creek (44.6137, –119.7382); Burnt –118.6671); Big Creek (45.0115, Unnamed (45.0638, –118.5908); Corral Creek (44.6987, –119.5733); –118.6041); Bismark Creek (44.9548, Unnamed (45.0823, –118.6579); Frank Creek (44.6262, –119.7177); –118.7020); Corral Creek (44.9592, Unnamed (45.1369, –118.6771); Indian Creek (44.5925, –119.7636); John –118.6368); Cougar Creek (44.9288, Unnamed (45.1513, –118.5966); Day River (44.5289, –119.6320); Johnny –118.6653); Meadow Creek (44.9856, Unnamed (45.1854, –118.6842); Creek (44.6126, –119.5534); Johnson –118.4664); North Fork John Day River Unnamed (45.1891, –118.6110); Creek (44.6766, –119.7363). (44.8661, –118.5605); Oregon Gulch Unnamed (45.2429, –118.7575); Warm (10) North Fork John Day Subbasin (44.8694, –118.6119); Oriental Creek Spring Creek (45.1386, –118.6561). 17070202—(i) Upper North Fork John (45.0000, –118.7255); Otter Creek (vi) Lower Camas Creek Watershed Day River Watershed 1707020201. (44.9634, –118.7567); Paradise Creek 1707020206. Outlet(s) = Camas Creek Outlet(s) = North Fork John Day River (44.9168, –118.5850); Raspberry Creek (Lat 45.0101, Long –118.9950) upstream (Lat 44.8661, Long –118.5605) upstream (44.9638, –118.7356); Ryder Creek to endpoint(s) in: Bridge Creek (45.0395, to endpoint(s) in: Baldy Creek (44.8687, (44.9341, –118.5943); Silver Creek –118.8633); Camas Creek (45.1576, –118.3172); Bear Gulch (44.8978, (44.9077, –118.5580); Simpson Creek –118.8411); Cooper Creek (45.2133, –118.5400); Bull Creek (44.8790, (44.9383, –118.6794); South Fork –118.9881); Deerlick Creek (45.1489, –118.2753); Crane Creek (44.8715, Meadow Creek (44.9303, –118.5481); –119.0229); Dry Fivemile Creek –118.3539); Crawfish Creek (44.9424, South Martin Creek (44.9479, (45.1313, –119.0898); Fivemile Creek –118.2608); Cunningham Creek –118.5281); Trough Creek (44.9960, (45.1804, –119.2259); Middle Fork (44.9172, –118.2478); Davis Creek –118.8499); Unnamed (44.8594, Wilkins Creek (45.1193, –119.0439); (44.9645, –118.4156); First Gulch –118.6432); Unnamed (44.9073, North Fork Owens Creek (45.1872, (44.8831, –118.5588); Hoodoo Creek –118.5690); Unnamed (45.0031, –118.9705); Owens Creek (45.2562, (44.9763, –118.3673); Long Meadow –118.7060); Unnamed (45.0267, –118.8305); Silver Creek (45.1066, Creek (44.9490, –118.2932); McCarty –118.7635); Unnamed (45.0413, –119.1268); Snipe Creek (45.2502, Gulch (44.9131, –118.5114); Middle –118.8089); White Creek (45.0000, –118.9707); South Fork Wilkins Creek Trail Creek (44.9513, –118.3185); North –118.5617); Winom Creek (44.9822, (45.1078, –119.0312); Sugarbowl Creek Fork John Day River (44.8691, –118.6766). (45.1986, –119.0999); Taylor Creek –118.2392); North Trail Creek (44.9675, (iv) Desolation Creek Watershed (45.1482, –119.1820); Tribble Creek –118.3219); South Trail Creek (44.9434, 1707020204. Outlet(s) = Desolation (45.1713, –119.1617); Unnamed –118.2930); Trout Creek (44.9666, Creek (Lat 44.9977, Long –118.9352) (45.0797, –118.7878); Unnamed –118.4656); Unnamed (44.8576, upstream to endpoint(s) in: Battle Creek (45.1198, –118.8514); Unnamed –118.3169); Unnamed (44.8845, (44.8895, –118.7010); Beeman Creek (45.1993, –118.9062); Unnamed –118.3421); Unnamed (44.9221, (44.8230, –118.7498); Bruin Creek (45.2000, –118.8236); Unnamed –118.5000); Unnamed (44.9405, (44.8936, –118.7600); Howard Creek (45.2141, –118.8079); Unnamed –118.4093); Unnamed (44.9471, (44.8513, –118.7004); Junkens Creek (45.1773, –119.0753); Unnamed –118.4797); Wagner Gulch (44.9390, (44.8482, –118.7994); Kelsay Creek (45.2062, –119.0717); Wilkins Creek –118.5148). (44.9203, –118.6899); Little Kelsay (45.1239, –119.0094). (ii) Granite Creek Watershed Creek (44.9127, –118.7124); North Fork (vii) North Fork John Day River/ 1707020202. Outlet(s) = Granite Creek Desolation Creek (44.7791, –118.6231); Potamus Creek Watershed 1707020207. (Lat 44.8661, Long –118.5605) upstream Park Creek (44.9109, –118.7839); Peep Outlet(s) = North Fork John Day River to endpoint(s) in: Beaver Creek Creek (44.9488, –118.8069); South Fork (Lat 44.8832. Long –119.4090) upstream (44.7425, –118.3940); Boulder Creek Desolation Creek (44.7890, –118.6732); to endpoint(s) in: Buckaroo Creek (44.8368, –118.3631); Boundary Creek Sponge Creek (44.8577, –118.7165); (45.0245, –119.1187); Butcher Bill Creek (44.8106, –118.3420); Bull Run Creek Starveout Creek (44.8994, –118.8220); (45.1290, –119.3197); Cabin Creek (44.7534, –118.3154); Corral Creek #2 Unnamed (44.8709, –118.7130); (44.9650, –119.3628); Deep Creek (44.8186, –118.3565); Deep Creek #2 Unnamed (44.9058, –118.7689); (45.0977, –119.2021); Deerhorn Creek (44.8017, –118.3200); East Ten Cent Unnamed (44.9163, –118.8384); (45.0513, –119.0542); Ditch Creek Creek (44.8584, –118.4253); Granite Unnamed (44.9203, –118.8315); (45.1584, –119.3153); East Fork Meadow Creek (44.8578, –118.3736); Lake Creek Unnamed (44.9521, –118.8141); Brook Creek (44.9634, –118.9575); Ellis (44.7875, –118.5929); Lick Creek Unnamed (44.9735, –118.8707). Creek (45.1197, –119.2167); Graves
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00184 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52813
Creek (44.9927, –119.3171); Hinton (44.5938, –119.1756); Murphy Creek –118.7437); Tincup Creek (44.6489, Creek (44.9650, –119.0025); Hunter (44.6062, –119.1114); Smith Creek –118.6320); Trail Creek (44.6249, Creek (45.0114, –119.0896); Jericho (44.6627, –119.0808); Squaw Creek #3 –118.8469); Unnamed (44.5535, Creek (45.0361, –119.0829); Little (44.5715, –119.4069); Unnamed –118.8139); Unnamed (44.5697, Potamus Creek (45.0462, –119.2579); (44.6176, –119.0806). –118.5975); Unnamed (44.6041, Mallory Creek (45.1030, –119.3112); (x) Lower North Fork John Day River –118.6051); Unnamed (44.6471, Martin Creek (45.1217, –119.3538); Watershed 1707020210. Outlet(s) = –118.6869); Unnamed (44.6559, Matlock Creek (45.0762, –119.1837); No North Fork John Day River (Lat 44.7554, –118.5777); Vincent Creek (44.6663, Name Creek (45.0730, –119.1459); North Long –119.6382) upstream to –118.5345); Vinegar Creek (44.6861, Fork John Day River (44.9976, endpoint(s) in: East Fork Deer Creek –118.5378); West Fork Lick Creek –118.9444); Pole Creek (45.1666, (44.7033, –119.2753); Gilmore Creek (44.6021, –118.7891); Whiskey Creek –119.2533); Rush Creek (45.0498, (44.6744, –119.4875); North Fork John (44.6776, –118.8659); Windlass Creek –119.1219); Skull Creek (44.9726, Day River (44.8832, –119.4090); Rudio (44.6653, –118.6030); Wray Creek –119.2035); Smith Creek (44.9443, Creek (44.6254, –119.5026); Straight (44.6978, –118.6588). –118.9687); Stalder Creek (45.0655, Creek (44.6759, –119.4687); West Fork (iii) Big Creek Watershed 1707020303. –119.2844); Stony Creek (45.0424, Deer Creek (44.6985, –119.3372). Outlet(s) = Middle Fork John Day River –119.1489); West Fork Meadow Brook (11) Middle Fork John Day Subbasin (Lat 44.8363, Long –119.0306) upstream (44.9428, –119.0319); Wickiup Creek 17070203—(i) Upper Middle Fork John to endpoint(s) in: Barnes Creek (45.0256, –119.2776); Wilson Creek Day River Watershed 1707020301. (44.8911, –118.9974); Bear Creek (45.1372, –119.2673). Outlet(s) = Middle Fork John Day River (44.7068, –118.8742); Big Creek (viii) Wall Creek Watershed (Lat 44.5946, Long –118.5163) upstream (44.7726, –118.6831); Deadwood Creek 1707020208. Outlet(s) = Big Wall Creek to endpoint(s) in: Bridge Creek (44.5326, (44.7645, –118.7499); Deep Creek (Lat 44.8832, Long –119.4090) upstream –118.5746); Clear Creek (44.4692, (44.7448, –118.7591); East Fork Big to endpoint(s) in: Alder Creek (45.1049, –118.4615); Crawford Creek (44.6381, Creek (44.7923, –118.7783); Elk Creek –119.4170); Bacon Creek (45.0137, –118.3887); Dry Fork Clear Creek (44.7167, –118.7721); Granite Creek –119.4800); Bear Creek (45.0551, (44.5339, –118.4484); Fly Creek (44.8893, –119.0103); Huckleberry Creek –119.4170); Big Wall Creek (44.9369, (44.6108, –118.3810); Idaho Creek (44.8045, –118.8605); Indian Creek –119.6055); Bull Prairie Creek (44.9753, (44.6113, –118.3856); Middle Fork John (44.8037, –118.7498); Lick Creek –119.6604); Colvin Creek (44.9835, Day River (44.5847, –118.4286); Mill (44.8302, –118.9613); Little Indian –119.6911); East Fork Alder Creek Creek (44.6106, –118.4809); North Fork Creek (44.8743, –118.8862); Lost Creek (45.1028, –119.3929); East Fork Indian Bridge Creek (44.5479, –118.5663); (44.7906, –118.7970); Middle Fork John Creek (44.9009, –119.4918); Happy Jack North Fork Summit Creek (44.5878, Day River (44.6934, –118.7947); Creek (44.8997, –119.5730); Hog Creek –118.3560); Squaw Creek (44.5303, Mosquito Creek (44.7504, –118.8021); (45.0507, –119.4821); Indian Creek –118.4089); Summit Creek (44.5831, North Fork Elk Creek (44.7281, (44.8810, –119.5260); Johnson Creek –118.3585). –118.7624); Onion Gulch (44.7622, (45.0097, –119.6282); Little Bear Creek (ii) Camp Creek Watershed –118.7846); Pizer Creek (44.7805, (45.0433, –119.4084); Little Wall Creek 1707020302. Outlet(s) = Middle Fork –118.8102); Slide Creek (44.6950, (45.0271, –119.5235); Little Wilson John Day River (Lat 44.6934, Long –118.9124); Swamp Gulch (44.7606, Creek (44.8979, –119.5531); Lovlett –118.7947) upstream to endpoint(s) in: –118.7641); Unnamed (44.8249, Creek (44.9675, –119.5105); Skookum Badger Creek (44.7102, –118.6738); –118.8718); Unnamed (44.8594, Creek (45.0894, –119.4725); South Fork Balance Creek (44.6756, –118.7661); –118.9018). Big Wall Creek (44.9315, –119.6167); Beaver Creek (44.6918, –118.6467); (iv) Long Creek Watershed Swale Creek (45.1162, –119.3836); Bennett Creek (44.6095, –118.6432); Big 1707020304. Outlet(s) = Long Creek (Lat Three Trough Creek (44.9927, Boulder Creek (44.7332, –118.6889); 44.8878, Long –119.2338) upstream to –119.5318); Two Spring Creek (45.0251, Blue Gulch (44.6952, –118.5220); Butte endpoint(s) in: Basin Creek (44.7458, –119.3938); Unnamed (44.9000, Creek (44.5913, –118.6481); Camp Creek –119.2452); Everett Creek (44.7106, –119.6213); Unnamed (44.9830, (44.5692, –118.8041); Caribou Creek –119.1063); Jonas Creek (44.6307, –119.7364); Unnamed (44.9883, (44.6581, –118.5543); Charlie Creek –118.9118); Long Creek (44.6076, –119.7248); Unnamed (45.0922, (44.5829, –118.8277); Cottonwood Creek –118.9402); Pass Creek (44.7681, –119.4374); Unnamed (45.1079, (44.6616, –118.8919); Cougar Creek –119.0414); Paul Creek (44.7243, –119.4359); Willow Spring Creek (44.6014, –118.8261); Coxie Creek –119.1304); Pine Creek (44.8125, (44.9467, –119.5921); Wilson Creek (44.5596, –118.8457); Coyote Creek –119.0859); South Fork Long Creek (44.9861, –119.6623). (44.7040, –118.7436); Davis Creek (44.6360, –118.9756). (ix) Cottonwood Creek Watershed (44.5720, –118.6026); Deerhorn Creek (v) Lower Middle Fork John Day River 1707020209. Outlet(s) = Cottonwood (44.5984, –118.5879); Dry Creek Watershed 1707020305. Outlet(s) = Creek (Lat 44.8141, Long –119.4183) (44.6722, –118.6962); Eagle Creek Middle Fork John Day River (Lat upstream to endpoint(s) in: BecK Creek (44.5715, –118.8269); Granite Boulder 44.9168, Long –119.3004) upstream to (44.5795, –119.2664); Board Creek Creek (44.6860, –118.6039); Lemon endpoint(s) in: Middle Fork John Day (44.5841, –119.3763); Boulder Creek Creek (44.6933, –118.6169); Lick Creek River (44.8363, –119.0306). (44.5876, –119.3006); Camp Creek #3 (44.6102, –118.7504); Little Boulder (12) Lower John Day Subbasin (44.6606, –119.3283); Cougar Creek #2 Creek (44.6661, –118.5807); Little Butte 17070204—(i) Lower John Day River/ (44.6230, –119.4133); Day Creek Creek (44.6093, –118.6188); Middle Kahler Creek 1707020401. Outlet(s) = (44.5946, –119.0235); Donaldson Creek Fork John Day River (44.5946, John Day River (Lat 44.8080, Long (44.5919, –119.3480); Dunning Creek –118.5163); Myrtle Creek (44.7336, –119.9585) upstream to endpoint(s) in: (44.6416, –119.0628); Fox Creek –118.7187); Placer Gulch (44.5670, Alder Creek (44.9575, –119.8621); Camp (44.6163, –119.0078); Indian Creek #3 –118.5593); Ragged Creek (44.6366, Creek (44.9005, –119.9505); East (44.6794, –119.2196); McHaley Creek –118.7048); Ruby Creek (44.6050, Bologna Canyon (44.8484, –119.5842); (44.5845, –119.2234); Mill Creek –118.6897); Sulphur Creek (44.6119, Henry Creek (44.9609, –119.7683); (44.6080, –119.0878); Mine Creek –118.6672); Sunshine Creek (44.6424, Horseshoe Creek (44.7076, –119.9465);
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00185 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52814 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
John Day River (44.7554, –119.6382); –120.2928); West Fork Butte Creek (45.0698, –119.5329); Unnamed Kahler Creek (44.9109, –119.7030); Lake (44.9883, –120.3332). (45.0714, –119.5227); West Fork Juniper Creek (44.9012, –119.9806); Left Hand (vii) Pine Hollow Watershed Creek (45.0192, –119.7786). Creek (44.7693, –119.7613); Parrish 1707020407. Outlet(s) = Pine Hollow (xii) Lower Rock Creek Watershed Creek (44.7207, –119.8369); Tamarack (Lat 45.1531, Long –120.4757) upstream 1707020412. Outlet(s) = Rock Creek (Lat Butte #2 (44.6867, –119.7898); to endpoint(s) in: Big Pine Hollow 45.5769, Long –120.4041) upstream to Tamarack Creek (44.9107, –119.7026); (44.9968, –120.7342); Brush Canyon endpoint(s) in: Dry Creek (45.3238, Unnamed (44.9334, –119.9164); (45.0255, –120.6329); Eakin Canyon –119.9709); Rock Creek (45.2190, Unnamed (44.9385, –119.9088); (45.1608, –120.5863); Hannafin Canyon –119.9597); Sixmile Canyon (45.2448, Unnamed (44.9451, –119.8932); (45.1522, –120.6158); Long Hollow –120.0283); South Fork Rock Creek Unnamed (44.9491, –119.8696); Creek (44.9922, –120.5565); West Little (45.2770, –120.1232). Unnamed (44.9546, –119.8739); Pine Hollow (44.9921, –120.7324). (xiii) Grass Valley Canyon Watershed Unnamed (44.9557, –119.7561); West (viii) Thirtymile Creek Watershed 1707020413. Outlet(s) = Grass Valley Bologna Canyon (44.8338, –119.6422); 1707020408. Outlet(s) = Thirtymile Canyon (Lat 45.5974, Long –120.4232) Wheeler Creek (44.9483, –119.8447); Creek (Lat 45.1626, Long –120.4681) upstream to endpoint(s) in: Grass Valley William Creek (44.7458, –119.9027). upstream to endpoint(s) in: Condon Canyon (45.4071, –120.7226); Hay (ii) Lower John Day River/Service Canyon (45.1870, –120.1829); Dry Fork Canyon (45.5104, –120.6085); Rosebush Creek Watershed 1707020402. Outlet(s) Thirtymile Creek (45.1858, –120.1338); Creek (45.3395, –120.7159). = John Day River (Lat 44.7368, Long East Fork Thirtymile Creek (45.1575, (xiv) Lower John Day River/McDonald –120.3054) upstream to endpoint(s) in: –120.0556); Lost Valley Creek (45.1062, Ferry Watershed 1707020414. Outlet(s) Big Service Creek (44.9286, –120.0428); –119.9916); Patill Canyon (45.1252, = John Day River (Lat 45.7389, Long Girds Creek (44.6681, –120.1234); John –120.1870); Thirtymile Creek (44.9852, –120.6520) upstream to endpoint(s) in: Day River (44.8080, –119.9585); Rowe –120.0375); Unnamed (44.9753, John Day River (45.5769, –120.4041). –120.0469); Wehrli Canyon (45.1539, Creek (44.8043, –120.1751); Service (13) Lower Deschutes Subbasin Creek (44.8951, –120.0892); Shoofly –120.2137). (ix) Lower John Day River/Ferry 17070306—(i) Upper Deschutes River Creek (44.6510, –120.0207). Canyon Watershed 1707020409. Watershed 1707030603. Outlet(s) = (iii) Bridge Creek Watershed Outlet(s) = John Day River (Lat 45.3801, Deschutes River (Lat 44.8579, Long 1707020403. Outlet(s) = Bridge Creek Long –120.5117) upstream to –121.0668) upstream to endpoint(s) in: (Lat 44.7368, Long –120.3054) upstream endpoint(s) in: Ferry Canyon (45.3424, Deschutes River (44.7243, –121.2465); to endpoint(s) in: Bear Creek (44.5585, –120.4388); Jackknife Creek (45.2490, Shitike Creek (44.7655, –121.5835); –120.4198); Bridge Creek (44.4721, –120.6106); John Day River (45.1626, Unnamed (44.7934, –121.3715). –120.2009); Carroll Creek (44.5460, –120.4681); Lamberson Canyon (ii) Mill Creek Watershed 1707030604. –120.3322); Dodds Creek (44.5329, (45.3099, –120.4147); Little Ferry Outlet(s) = Mill Creek (Lat 44.8792, –120.3867); Gable Creek (44.5186, Canyon (45.3827, –120.5913). Long –121.3711) upstream to –120.2384); Johnson Creek #2 (44.5193, (x) Lower John Day River/Scott endpoint(s) in: Boulder Creek (44.8261, –120.0949); Slide Creek (44.4956, Canyon Watershed 1707020410. –121.4924); Mill Creek (44.8343, –120.3023); Thompson Creek (44.5270, Outlet(s) = John Day River (Lat 45.5769, –121.6737); Unnamed (44.8330, –120.2489); West Branch Bridge Creek Long –120.4041) upstream to –121.6756). (44.4911, –120.3098). endpoint(s) in: Cottonwood Canyon (iii) Beaver Creek Watershed (iv) Lower John Day River/Muddy (45.4143, –120.4490); Cottonwood 1707030605. Outlet(s) = Beaver Creek Creek Watershed 1707020404. Outlet(s) Canyon (45.4898, –120.5118); Dry Fork (Lat 44.8730, Long –121.3405) upstream = John Day River (Lat 44.9062, Long Hay Creek (45.3093, –120.1612); John to endpoint(s) in: Beaver Butte Creek –120.4460) upstream to endpoint(s) in: Day River (45.3801, –120.5117); Scott (45.0786, –121.5746); Beaver Creek Cherry Creek (44.6344, –120.4543); Canyon (45.4124, –120.1957); Unnamed (45.1306, –121.6468); Indian Creek Clubfoot Hollow (44.8865, –120.1929); (45.3407, –120.2299). (45.0835, –121.5113). Cove Creek (44.9299, –120.3791); Dry (xi) Upper Rock Creek Watershed (iv) Warm Springs River Watershed Creek (44.6771, –120.5367); John Day 1707020411. Outlet(s) = Rock Creek (Lat 1707030606. Outlet(s) = Warm Springs River (44.7368, –120.3054); Little 45.2190, Long –119.9597) upstream to River (Lat 44.8579, Long –121.0668) Muddy Creek (44.7371, –120.5575); endpoint(s) in: Allen Canyon (45.1092, upstream to endpoint(s) in: Badger Muddy Creek (44.7491, –120.5071); Pine –119.5976); Allen Spring Canyon Creek #2 (44.9352, –121.5569); South Creek (44.8931, –120.1797); Robinson (45.0471, –119.6468); Board Creek Fork Warm Springs River (44.9268, Canyon (44.8807, –120.2678); Steers (45.1120, –119.5390); Brown Creek –121.6995); Warm Springs River Canyon (44.9247, –120.2013). (45.0365, –119.8296); Buckhorn Creek (44.9812, –121.7976). (v) Lower John Day River/Clarno (45.0272, –119.9186); Chapin Creek (v) Middle Deschutes River Watershed Watershed 1707020405. Outlet(s) = John (45.0538, –119.6727); Davidson Canyon 1707030607. Outlet(s) = Deschutes River Day River (Lat 45.1626, Long –120.4681) (45.0515, –119.5952); Hahn Canyon (Lat 45.2642, Long –121.0232) upstream upstream to endpoint(s) in: Pine Creek (45.1491, –119.8320); Harris Canyon to endpoint(s) in: Cove Creek (44.9673, (44.9062, –120.4460); Sorefoot Creek (45.0762, –119.5856); Hollywood Creek –121.0430); Deschutes River (44.8579, (44.9428, –120.5481). (45.0964, –119.5174); Indian Creek –121.0668); Eagle Creek (44.9999, (vi) Butte Creek Watershed (45.0481, –119.6476); John Z Canyon –121.1688); Nena Creek (45.1030, 1707020406. Outlet(s) = Butte Creek (Lat (45.0829, –119.6058); Juniper Creek –121.1653); Oak Creek (44.9336, 45.0574, Long –120.4831) upstream to (45.0504, –119.7730); Middle Fork Rock –121.0981); Paquet Gulch (45.0676, endpoint(s) in: Butte Creek (44.9266, Creek (45.0818, –119.7404); Rock Creek –121.2911); Skookum Creek (44.9171, –120.1142); Cottonwood Creek (44.9816, (45.0361, –119.5989); Stahl Canyon –121.1251); Stag Canyon (45.1249, –120.2136); Deep Creek (45.0166, (45.0071, –119.8683); Tree Root Canyon –121.0563); Unnamed (45.0186, –120.4165); Hunt Canyon (45.1050, (45.0626, –119.6314); Tupper Creek –121.0464); Unnamed (45.0930, –120.2838); Straw Fork (44.9536, (45.0903, –119.4999); Unnamed –121.1511); Wapinitia Creek (45.1177, –120.1024); Unnamed (45.0952, (45.0293, –119.5907); Unnamed –121.3025).
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00186 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52815
(vi) Bakeoven Creek Watershed Canyon (45.3460, –120.9960); Sixteen endpoint(s) in: Antelope Creek (44.8564, 1707030608. Outlet(s) = Bakeoven Creek Canyon (45.4050, –120.8529). –120.8574); Boot Creek (44.9086, (Lat 45.1748, Long –121.0728) upstream (14) Trout Subbasin 17070307—(i) –120.8864); Pole Creek (44.9023, to endpoint(s) in: Bakeoven Creek Upper Trout Creek Watershed –120.9108); Ward Creek (44.9513, (45.1261, –120.9398); Booten Creek 1707030701. Outlet(s) = Trout Creek –120.8341). (45.1434, –121.0131); Cottonwood Creek (Lat 44.8229, Long –120.9193) upstream (iii) Lower Trout Creek Watershed (45.0036, –120.8720); Deep Creek to endpoint(s) in: Amity Creek (44.6447, 1707030705. Outlet(s) = Trout Creek (44.9723, –120.9480); Robin Creek –120.5854); Auger Creek (44.5539, (Lat 44.8214, Long –121.0876) upstream (45.1209, –120.9652); Trail Hollow –120.5381); Beaver Creek (44.6390, to endpoint(s) in: Brocher Creek Creek (45.1481, –121.0423). –120.7034); Big Log Creek (44.5436, (44.8357, –121.0330); Hay Creek (vii) Buck Hollow Creek Watershed –120.6997); Big Whetstone Creek (44.7824, –120.9652); Trout Creek 1707030611. Outlet(s) = Buck Hollow (44.6761, –120.7645); Board Hollow (44.8229, –120.9193). Creek (Lat 45.2642, Long –121.0232) (44.6064, –120.7405); Cartwright Creek (15) Upper Columbia/Priest Rapids upstream to endpoint(s) in: Buck (44.5404, –120.6535); Clover Creek Subbasin 17020016—Columbia River/ Hollow Creek (45.0663, –120.7095); (44.6523, –120.7358); Dutchman Creek Zintel Canyon Watershed 1702001606. Finnegan Creek (45.2231, –120.8472); (44.5320, –120.6704); Foley Creek Outlet(s) = Columbia River (Lat 46.1776, Macken Canyon (45.1093, –120.7011); (44.5861, –120.6801); Little Trout Creek Long –119.0183) upstream to Thorn Hollow (45.0450, –120.7386). (44.7816, –120.7237); Opal Creek endpoint(s) in: Columbia River (viii) Lower Deschutes River (44.5792, –120.5446); Potlid Creek (46.2534, –119.2268). Watershed 1707030612. Outlet(s) = (44.5366, –120.6207); Trout Creek (16) Columbia River Corridor- Deschutes River (Lat 45.6426, Long (44.5286, –120.5805); Tub Springs Columbia River Corridor Outlet(s) = –120.9142) upstream to endpoint(s) in: Canyon (44.8155, –120.7888); Unnamed Columbia River (Lat 46.2485, Long Bull Run Canyon (45.4480, –120.8655); (44.5428, –120.5848); Unnamed –124.0782) upstream to endpoint(s) in: Deschutes River (45.2642, –121.0232); (44.6043, –120.7403); Unnamed Columbia River (45.7070, –121.7943). Fall Canyon (45.5222, –120.8538); Ferry (44.6510, –120.7337). (17) Maps of critical habitat for the Canyon (45.3854, –120.9373); Jones (ii) Antelope Creek Watershed Middle Columbia River Steelhead ESU Canyon (45.3011, –120.9404); Macks 1707030702. Antelope Creek (Lat follow: Canyon (45.3659, –120.8524); Oak 44.8229, Long –120.9193) upstream to BILLING CODE 3510–22–P
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00187 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52816 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00188 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.164 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52817
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00189 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.165 52818 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00190 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.166 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52819
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00191 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.167 52820 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00192 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.168 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52821
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00193 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.169 52822 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00194 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.170 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52823
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00195 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.171 52824 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00196 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.172 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52825
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00197 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.173 52826 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00198 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.174 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52827
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00199 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.175 52828 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00200 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.176 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52829
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00201 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.177 52830 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00202 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.178 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52831
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00203 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.179 52832 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
BILLING CODE 3510–22–C
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00204 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.180 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52833
(s) Lower Columbia River Steelhead (45.8616, –121.8966); Falls Creek (45.3225, –121.9609); Unnamed (Oncorhynchus mykiss). Critical habitat (45.9107, –121.9151); Hollis Creek (45.3254, –121.9582); Unnamed is designated to include the areas (45.8524, –121.9304); Jimmy Creek (45.3277, –121.9635); Unnamed defined in the following subbasins: (45.7886, –121.8409); Layout Creek (45.3336, –121.9538); Unnamed (1) Middle Columbia/Hood Subbasin (45.8096, –122.0475); Little Wind River (45.3383, –121.9768); Unnamed 17070105—(i) East Fork Hood River (45.7763, –121.7222); Martha Creek (45.3398, –121.9954). Watershed 1707010506. Outlet(s) = (45.7846, –121.9482); Mouse Creek (ii) Zigzag River Watershed Hood River (Lat 45.6050, Long (45.8415, –121.8428); Ninemile Creek 1708000102. Outlet(s) = Zigzag River –121.6323) upstream to endpoint(s) in: (45.8942, –121.9023); Oldman Creek (Lat 45.3489, Long –121.9442) upstream Baldwin Creek (45.5618, –121.5585); (45.9856, –121.9369); Panther Creek to endpoint(s) in: Camp Creek (45.3070, Bear Creek (45.4894, –121.6516); Cat (45.8605, –121.8422); Pass Creek –121.7921); Cool Creek (45.2867, Creek (45.4708, –121.5591); Clark Creek (45.8555, –122.0133); Planting Creek –121.8849); Devil Canyon (45.3186, (45.3335, –121.6420); Coe Branch (45.8071, –122.0010); Proverbial Creek –121.8587); Henry Creek (45.3241, (45.4342, –121.6673); Cold Spring Creek (45.9816, –121.9654); Tenmile Creek –121.8869); Lady Creek (45.3199, (45.4020, –121.5873);Culvert Creek (45.8760, –121.8694); Trapper Creek –121.8225); Little Zigzag Canyon (45.3770, –121.5660); Dog River (45.9113, –122.0470); Trout Creek (45.3138, –121.8035); Still Creek (45.4404, –121.5623); East Fork Hood (45.8679, –122.0477); Unnamed (45.3167, –121.7228); Unnamed River (45.3172, –121.6390); Eliot (45.7862, –121.9097); Unnamed (45.2647, –121.8342); Unnamed Branch, Middle Fork Hood River (45.8008, –121.9881); Unnamed (45.2706, –121.8194); Unnamed (45.4534, –121.6362); Emil Creek (45.8025, –121.9678); Unnamed (45.2793, –121.8529); Unnamed (45.5223, –121.5886); Evans Creek (45.8142, –122.0204); Unnamed (45.2801, –121.8537); Wind Creek (45.4872, –121.5894); Graham Creek (45.8149, –122.0532); Unnamed (45.2961, –121.8515); Zigzag River (45.5463, –121.5639); Meadows Creek (45.8161, –121.8437); Unnamed (45.3270, –121.7786). (45.3195, –121.6279); Newton Creek (45.8206, –121.8111); Unnamed (iii) Upper Sandy River Watershed (45.3370, –121.6261); Pinnacle Creek (45.8218, –121.9470); Unnamed 1708000103. Outlet(s) = Sandy River (45.4595, –121.6568); Pocket Creek (45.8242, –122.0295); Unnamed (Lat 45.3489, Long –121.9442) upstream (45.3025, –121.5969); Polallie Creek (45.8427, –121.9180); Unnamed to endpoint(s) in: Cast Creek (45.3794, (45.4132, –121.5826); Tony Creek (45.8509, –121.9190); Unnamed –121.8538); Clear Creek (45.3998, (45.5254, –121.6584); Unnamed (45.8529, –122.0406); Unnamed –121.8936); Clear Fork (45.4256, (45.3470, –121.5843); Unnamed (45.8551, –122.0638); Unnamed –121.8006); Horseshoe Creek (45.3664, (45.4661, –121.5627); Unnamed (45.8610, –121.9635); Unnamed –121.8680); Little Clear Creek (45.3854, (45.5208, –121.6198); Unnamed (45.8637, –122.0625); Unnamed –121.9190); Lost Creek (45.3670, (45.5445, –121.5738). (45.8640, –121.9764); Unnamed –121.8091); Muddy Fork (45.3920, (ii) West Fork Hood River Watershed (45.8682, –121.9714); Unnamed –121.7577); Sandy River (45.3719, 1707010507. Outlet(s) = West Fork (45.8940, –122.0348); Unnamed –121.7560); Unnamed (45.3813, Hood River (Lat 45.6050, Long (45.8965, –122.0035); Unnamed –121.8954); Unnamed (45.3904, –121.6323) upstream to endpoint(s) in: (45.9652, –121.9517); Unnamed –121.7979); Unnamed (45.4090, Divers Creek (45.5457, –121.7447); Elk (45.9798, –121.8873); Unnamed –121.8056); Unnamed (45.4164, Creek (45.4294, –121.7884); Green Point (45.9844, –121.9171); Wind River –121.8342). Creek (45.5915, –121.6981); Indian (45.9964, –121.9000). (iv) Middle Sandy River Watershed Creek (45.5375, –121.7857); Jones Creek (v) Middle Columbia/Grays Creek 1708000104. Outlet(s) = Sandy River (45.4673, –121.8020); Lake Branch Watershed 1707010512. Outlet(s) = (Lat 45.4464, Long –122.2459) upstream (45.5083, –121.8485); McGee Creek Columbia River (Lat 45.7070, Long to endpoint(s) in: Alder Creek (45.3459, (45.4120, –121.7598); No Name Creek –121.7943) upstream to endpoint(s) in: –122.0875); Bear Creek #2 (45.3368, (45.5347, –121.7929); Red Hill Creek Columbia River (45.7237, –121.5049). –121.9265); Cedar Creek (45.4046, (45.4720, –121.7705); Unnamed (vi) Middle Columbia/Eagle Creek –122.2513); Hackett Creek (45.3525, (45.5502, –121.7014). Watershed 1707010513. Outlet(s) = –121.9504); North Boulder Creek (iii) Hood River Watershed Columbia River (Lat 45.6453, Long (45.3900, –122.0037); Sandy River 1707010508. Outlet(s) = Hood River (Lat –121.9395) upstream to endpoint(s) in: (45.3489, –121.9442); Unnamed 45.7237, Long –121.5049) upstream to Columbia River (45.7070, –121.7943). (45.3469, –122.0673); Unnamed endpoint(s) in: Hood River (45.6050, (2) Lower Columbia/Sandy Subbasin (45.3699, –122.0764); Unnamed –121.6323); Lenz Creek (45.6291, 17080001—(i) Salmon River Watershed (45.3808, –122.0325); Unnamed –121.5220); Neal Creek (45.5787, 17080001. Outlet(s) = Salmon River (Lat (45.3864, –122.0355); Whisky Creek –121.4875); West Fork Neal Creek 45.3768, Long –122.0293) upstream to (45.3744, –122.1202). (45.5751, –121.5215); Whiskey Creek endpoint(s) in: Bighorn Creek (45.2582, (v) Washougal River Watershed (45.6827, –121.5064). –121.9204); Boulder Creek (45.3027, 1708000106. Outlet(s) = Unnamed (Lat (iv) Wind River Watershed –122.0209); Cheeney Creek (45.2919, 45.5812, Long –122.4077); Washougal 1707010511. Outlet(s) = Wind River (Lat –121.9710); Copper Creek (45.2454, River (45.5795, –122.4023) upstream to 45.7067, Long –121.7929) upstream to –121.9051); Mack Hall Creek (45.2391, endpoint(s) in: Bear Creek (45.7732, endpoint(s) in: Bear Creek (45.7619, –121.9508); Salmon River (45.2511, –122.1468); Bluebird Creek (45.7486, –121.8295); Big Hollow Creek (45.9408, –121.9025); South Fork Salmon River –122.1717); Cougar Creek (45.6514, –122.0075); Bourbon Creek (45.9246, (45.2500, –121.9770); Unnamed –122.2677); Dougan Creek (45.7080, –121.9982); Brush Creek (45.7720, (45.2576, –121.9068); Unnamed –122.1817); East Fork Little Washougal –121.7528); Cedar Creek (45.8388, (45.2600, –121.9093); Unnamed River (45.6722, –122.2827); Grouse –121.7956); Compass Creek (45.8372, (45.2633, –121.9153); Unnamed Creek (45.7574, –122.1352); Hagen –122.0633); Crater Creek (45.8637, (45.2646, –121.9175); Unnamed Creek (45.7154, –122.2518); Jackson –122.0639); Dry Creek (45.9551, (45.2708, –121.9246); Unnamed Creek (45.6755, –122.2530); Jones Creek –121.9924); East Fork Trout Creek (45.2946, –121.9388); Unnamed (45.6913, –122.2870); Lacamas Creek (45.8503, –122.0096); Eightmile Creek (45.3161, –121.9565); Unnamed (45.5972, –122.3933); Little Washougal
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00205 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52834 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
River (45.7006, –122.3212); Lookout (45.4985, –122.2671); Gordon Creek (45.8368, –122.6498); Unnamed Creek (45.7806, –122.1006); Meander (45.5021, –122.1805); Kelly Creek (45.8381, –122.4685); Unnamed Creek (45.7708, –122.0848); Prospector (45.5134, –122.3953); Sandy River (45.8427, –122.3708); Unnamed Creek (45.7590, –122.0890); Silver Creek (45.4464, –122.2459); Smith Creek (45.8432, –122.1480); Unnamed (45.7343, –122.1694); Stebbins Creek (45.5136, –122.3339); Trout Creek (45.8434, –122.2292); Unnamed (45.7285, –122.0683); Texas Creek (45.4819, –122.2769); Unnamed (45.8439, –122.6478); Unnamed (45.6946, –122.1873); Timber Creek (45.4889, –122.3513); Unnamed (45.8471, –122.7486); Unnamed (45.7236, –122.1001); Unnamed (45.5557, –122.3715); Unnamed (45.8475, –122.6486); Unnamed (45.5873, –122.4121); Unnamed (45.5600, –122.3650). (45.8484, –122.4401); Unnamed (45.6002, –122.3312); Unnamed (3) Lewis Subbasin 17080002—(i) East (45.8498, –122.7300); Unnamed (45.6132, –122.3238); Unnamed Fork Lewis River Watershed (45.8502, –122.5228); Unnamed (45.6177, –122.2425); Unnamed 1708000205. Outlet(s) = Allen Creek (45.8513, –122.1323); Unnamed (45.6206, –122.3449); Unnamed (Lat 45.8641, Long –122.7499); East Fork (45.8537, –122.5973); Unnamed (45.6213, –122.2807); Unnamed Lewis River (45.8664, –122.7189); Gee (45.8600, –122.6112); Unnamed (45.6243, –122.2283); Unnamed Creek (45.8462, –122.7803) upstream to (45.8604, –122.3831); Unnamed (45.6251, –122.3419); Unnamed endpoint(s) in: Allen Creek (45.8279, (45.8606, –122.3981); Unnamed (45.6279, –122.2549); Unnamed –122.6968); Anaconda Creek (45.8208, (45.8662, –122.5772); Unnamed (45.6297, –122.2463); Unnamed –122.2652); Basket Creek (45.8327, (45.8667, –122.5744); Unnamed (45.6321, –122.2753); Unnamed –122.4579); Big Tree Creek (45.8572, (45.8689, –122.4227); Unnamed (45.6328, –122.2574); Unnamed –122.3728); Brezee Creek (45.8625, (45.8698, –122.6777); Unnamed (45.6382, –122.2915); Unnamed –122.6637); Cedar Creek (45.7226, (45.8756, –122.4795); Unnamed (45.6477, –122.3665); Unnamed –122.3290); Cold Creek (45.7493, (45.8813, –122.4772); Unnamed (45.6487, –122.3336); Unnamed –122.3252); Copper Creek (45.8177, (45.8899, –122.6256); Unnamed (45.6507, –122.1562); Unnamed –122.2637); Coyote Creek (45.7554, (45.8986, –122.5742); Unnamed (45.6531, –122.2739); Unnamed –122.2641); East Fork Lewis River (45.8988, –122.6123); Unnamed (45.9055, –122.5187); Yacolt Creek (45.6594, –122.2062); Unnamed (45.8380, –122.0948); Gee Creek (45.6622, –122.3015); Unnamed (45.8761, –122.4220). (45.7920, –122.6679); Green Fork (45.6625, –122.3446); Unnamed (ii) Lower Lewis River Watershed (45.8462, –122.1274); Grouse Creek (45.6675, –122.3415); Unnamed 1708000206. Outlet(s) = Lewis River (45.7214, –122.2709); King Creek (45.6694, –122.1553); Unnamed (Lat 45.8519, Long –122.7806) upstream (45.7802, –122.2552); Little Creek (45.6703, –122.3399); Unnamed to endpoint(s) in: Bitter Creek (45.9133, (45.8417, –122.1779); Lockwood Creek (45.6721, –122.1725); Unnamed –122.4593); Brush Creek (45.9280, (45.8986, –122.5953); Mason Creek (45.6749, –122.3370); Unnamed –122.4674); Cedar Creek (45.9019, (45.8661, –122.5430); McCormick Creek (45.6798, –122.2905); Unnamed –122.3655); Chelatchie Creek (45.9357, (45.8521, –122.6907); McKinley Creek (45.6835, –122.3336); Unnamed –122.3784); Colvin Creek (45.9400, (45.8026, –122.1797); Niccolls Creek (45.6836, –122.1146); Unnamed –122.6081); Houghton Creek (45.9559, (45.6871, –122.2996); Unnamed (45.8148, –122.3093); Poison Gulch –122.6348); John Creek (45.9291, (45.6934, –122.1063); Unnamed (45.7898, –122.1617); Riley Creek –122.4964); Johnson Creek (45.9536, (45.6949, –122.3305); Unnamed (45.8936, –122.6175); Rock Creek –122.6183); Lewis River (45.9570, (45.6959, –122.3149); Unnamed (45.7375, –122.2571); Roger Creek –122.5550); Pup Creek (45.9486, (45.6965, –122.0837); Unnamed (45.8183, –122.3426); Slide Creek –122.5245); Robinson Creek (45.9362, (45.7074, –122.1566); Unnamed (45.8477, –122.2090); Unnamed –122.7243); Ross Creek (45.9536, (45.7080, –122.2600); Unnamed (45.7212, –122.3389); Unnamed –122.7043); Staples Creek (45.9423, (45.7092, –122.2510); Unnamed (45.7623, –122.2727); Unnamed –122.6665); Unnamed (45.8696, (45.7179, –122.0744); Unnamed (45.7697, –122.3157); Unnamed –122.7658); Unnamed (45.8878, (45.7201, –122.1360); Unnamed (45.7726, –122.6651); Unnamed –122.3688); Unnamed (45.8928, (45.7249, –122.1067); Unnamed (45.7770, –122.3539); Unnamed –122.4209); Unnamed (45.8940, (45.7285, –122.1965); Unnamed (45.7802, –122.6068); Unnamed –122.4371); Unnamed (45.9001, (45.7303, –122.1126); Unnamed (45.7858, –122.3283); Unnamed –122.7226); Unnamed (45.9136, (45.7458, –122.1328); Unnamed (45.7916, –122.3780); Unnamed –122.6836); Unnamed (45.9141, (45.7476, –122.0518); Unnamed (45.7919, –122.2780); Unnamed –122.5565); Unnamed (45.9172, (45.7482, –122.1594); Unnamed (45.7961, –122.1312); Unnamed –122.3591); Unnamed (45.9202, (45.7624, –122.1308); Unnamed (45.7980, –122.5650); Unnamed –122.5339); Unnamed (45.9203, (45.7841, –122.1211); Washougal River (45.8033, –122.6667); Unnamed –122.4557); Unnamed (45.9245, (45.7798, –122.1403); West Fork (45.8038, –122.3545); Unnamed –122.3731); Unnamed (45.9258, Washougal River (45.7382, –122.2173); (45.8075, –122.1120); Unnamed –122.5964); Unnamed (45.9294, Wildboy Creek (45.6712, –122.2172); (45.8076, –122.6285); Unnamed –122.6225); Unnamed (45.9396, Winkler Creek (45.6377, –122.2588). (45.8079, –122.2942); Unnamed –122.4097); Unnamed (45.9417, (vi) Columbia Gorge Tributaries (45.8146, –122.4818); Unnamed –122.7035); Unnamed (45.9436, Watershed 1708000107. Outlet(s) = (45.8147, –122.3144); Unnamed –122.6417); Unnamed (45.9438, Columbia River (Lat 45.5710, Long (45.8149, –122.5653); Unnamed –122.6190); Unnamed (45.9446, –122.4021) upstream to endpoint(s) in: (45.8172, –122.5742); Unnamed –122.6437); Unnamed (45.9457, Columbia River (45.6453, –121.9395). (45.8207, –122.4916); Unnamed –122.3926); Unnamed (45.9474, (vii) Lower Sandy River Watershed (45.8230, –122.7069); Unnamed –122.6695); Unnamed (45.9549, 1708000108. Outlet(s) = Sandy River (45.8242, –122.6390); Unnamed –122.6967). (Lat 45.5679, Long –122.4023) upstream (45.8292, –122.6040); Unnamed (4) Lower Columbia/Clatskanie to endpoint(s) in: Beaver Creek (45.8306, –122.3769); Unnamed Subbasin 17080003—Kalama River (45.4959, –122.3643); Big Creek (45.8353, –122.4842); Unnamed Watershed 1708000301. Outlet(s) = (45.5068, –122.2966); Buck Creek (45.8363, –122.1252); Unnamed Burris Creek (Lat 45.8926, Long
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00206 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52835
–122.7892); Bybee Creek (45.9667, –122.4255); Unnamed (46.1355, –121.9473); Yellowjacket Creek –122.8150); Kalama River (46.0340, –122.4413); Unnamed (46.1451, (46.3869, –121.8342). –122.8695); Mill Creek (45.9579, –122.4279); Unnamed (46.1543, (6) Cowlitz Subbasin 17080005—(i) –122.8030); Schoolhouse Creek –122.4131); Unnamed (46.1559, Riffe Reservoir Watershed 1708000502. (45.9785, –122.8282); Unnamed –122.4254); Wild Horse Creek (46.1018, Outlet(s) = Cowlitz River (Lat 46.5033, (46.0001, –122.8438); Unnamed –122.6755); Wolf Creek (46.0523, Long –122.5870) upstream to (46.0075, –122.8455) upstream to –122.4334). endpoint(s) in: Cowlitz River (46.4765, endpoint(s) in: Arnold Creek (46.0206, (5) Upper Cowlitz Subbasin –122.0952). –122.5638); Bear Creek (46.0951, 17080004—(i) Headwaters Cowlitz River (ii) Jackson Prairie Watershed –122.5772); Burris Creek (45.9506, Watershed 1708000401. Outlet(s) = 1708000503. Outlet(s) = Cowlitz River –122.7428); Bush Creek (46.0828, Cowlitz River (Lat 46.6580, Long (Lat 46.3678, Long –122.9337) upstream –122.4611); Bybee Creek (45.9695, –121.6032) upstream to endpoint(s) in: to endpoint(s) in: Bear Creek (46.4538, –122.8135); Canyon Creek (45.9540, Clear Fork Cowlitz River (46.6846, –122.9192); Blue Creek (46.4885, –122.7925); Cedar Creek (46.0333, –121.5668); Muddy Fork Cowlitz River –122.7253); Brights Creek (46.5015, –122.8110); Dee Creek (45.9953, (46.6973, –121.6177); Ohanapecosh –122.6247); Cedar Creek (46.4110, –122.6525); Elk Creek (46.1154, River (46.6909, –121.5809); Purcell –122.7316); Coon Creek (46.4371, –122.9065); Cougar Creek (46.3937, –122.4796); Hatchery Creek (46.0673, Creek (46.6722, –121.5877). (ii) Upper Cowlitz River Watershed –122.7945); Cowlitz River (46.5033, –122.7548); Indian Creek (46.0516, 1708000402. Outlet(s) = Cowlitz River –122.5870); Foster Creek (46.4073, –122.7502); Jacks Creek (46.0400, (Lat 46.5742, Long –121.7059) upstream –122.8897); Hopkey Creek (46.4587, –122.5014); Kalama River (46.1109, to endpoint(s) in: Butter Creek (46.6451, –122.5533); Jones Creek (46.5125, –122.3579); Knowlton Creek (46.0245, –121.6749); Coal Creek (46.6438, –122.6825); Lacamas Creek (46.5246, –122.6454); Langdon Creek (46.1137, –121.6108); Cowlitz River (46.6580, –122.7923); Little Salmon Creek –122.4364); Little Kalama River –121.6032); Hall Creek (46.6044, (46.4402, –122.7458); Mill Creek (45.9745, –122.6604); Lost Creek –121.6609); Johnson Creek (46.5546, (46.5024, –122.8013); Mill Creek (46.0692, –122.5292); Mill Creek –121.6373); Lake Creek (46.6227, (46.5175, –122.6209); Otter Creek (45.9741, –122.7756); North Fork Elk –121.6093); Skate Creek (46.6850, (46.4801, –122.7000); Pin Creek Creek (46.1086, –122.5284); North Fork –121.8052); Unnamed (46.6930, (46.4133, –122.8321); Rapid Creek Kalama River (46.1550, –122.4007); –121.8024). (46.4320, –122.5465); Skook Creek Schoolhouse Creek (45.9810, (iii) Cowlitz Valley Frontal Watershed (46.5031, –122.7561); Unnamed –122.8217); Spencer Creek (46.0253, 1708000403. Outlet(s) = Cowlitz River (46.3838, –122.7243); Unnamed –122.8285); Summers Creek (46.0357, (Lat 46.4765, Long –122.0952) upstream (46.3841, –122.6789); Unnamed –122.6529); Unnamed (45.9034, to endpoint(s) in: Burton Creek (46.3849, –122.7043); Unnamed –122.7792); Unnamed (45.9423, (46.5423, –121.7505); Cowlitz River (46.3857, –122.9224); Unnamed –122.7761); Unnamed (45.9683, (46.5742, –121.7059); Davis Creek (46.3881, –122.6949); Unnamed –122.7751); Unnamed (45.9772, (46.5410, –121.8084); Kilborn Creek (46.3900, –122.7368); Unnamed –122.6534); Unnamed (45.9820, (46.5081, –121.8007); Oliver Creek (46.3998, –122.8974); Unnamed –122.7123); Unnamed (45.9830, (46.5450, –121.9928); Peters Creek (46.4001, –122.7437); Unnamed –122.8249); Unnamed (45.9957, (46.5386, –121.9830); Siler Creek (46.4015, –122.7327); Unnamed –122.6742); Unnamed (46.0023, (46.4931, –121.9085); Silver Creek (46.4097, –122.5887); Unnamed –122.8001); Unnamed (46.0034, (46.5909, –121.9253); Smith Creek (46.4102, –122.6787); Unnamed –122.8330); Unnamed (46.0059, (46.5620, –121.6923); Unnamed (46.4106, –122.7075); Unnamed –122.7350); Unnamed (46.0064, (46.4913, –122.0820); Unnamed (46.4115, –122.9091); Unnamed –122.7377); Unnamed (46.0238, (46.5657, –122.0489); Willame Creek (46.4117, –122.7554); Unnamed –122.5834); Unnamed (46.0257, (46.5805, –121.7319). (46.4143, –122.7823); Unnamed –122.5913); Unnamed (46.0389, (iv) Upper Cispus River Watershed (46.4174, –122.6365); Unnamed –122.6305); Unnamed (46.0437, 1708000404. Outlet(s) = Cispus River (46.4241, –122.8170); Unnamed –122.5713); Unnamed (46.0440, (Lat 46.4449, Long –121.7954) upstream (46.4269, –122.6124); Unnamed –122.8548); Unnamed (46.0462, to endpoint(s) in: Cispus River (46.3450, (46.4291, –122.6418); Unnamed –122.5097); Unnamed (46.0473, –121.6833); East Canyon Creek (46.3472, (46.4293, –122.8354); Unnamed –122.7668); Unnamed (46.0611, –121.7028); North Fork Cispus River (46.4412, –122.5192); Unnamed –122.5514); Unnamed (46.0618, (46.4362, –121.6479); Timonium Creek (46.4454, –122.8662); Unnamed –122.4290); Unnamed (46.0634, (46.4318, –121.6548); Twin Creek (46.4496, –122.5281); Unnamed –122.5630); Unnamed (46.0645, (46.3748, –121.7297); Yozoo Creek (46.4514, –122.8699); Unnamed –122.3953); Unnamed (46.0861, (46.4363, –121.6637). (46.4703, –122.7959); Unnamed –122.6708); Unnamed (46.0882, (v) Lower Cispus River Watershed (46.4708, –122.7713); Unnamed –122.5729); Unnamed (46.0982, 1708000405. Outlet(s) = Cispus River (46.4729, –122.6850); Unnamed –122.4887); Unnamed (46.0986, (Lat 46.4765, Long –122.0952) upstream (46.4886, –122.8067); Unnamed –122.6384); Unnamed (46.0998, to endpoint(s) in: Ames Creek (46.4654, (46.5172, –122.6534); Unnamed –122.6089); Unnamed (46.1031, –121.9233); Camp Creek (46.4513, (46.5312, –122.8196). –122.3851); Unnamed (46.1076, –121.8301); Cispus River (46.4449, (iii) North Fork Toutle River –122.5965); Unnamed (46.1086, –121.7954); Covell Creek (46.4331, Watershed 1708000504. Outlet(s) = –122.4399); Unnamed (46.1088, –121.8516); Crystal Creek (46.4454, North Fork Toutle River (Lat 46.3669, –122.3440); Unnamed (46.1124, –122.0234); Greenhorn Creek (46.4217, Long –122.5859) upstream to –122.6411); Unnamed (46.1153, –121.9042); Iron Creek (46.3887, endpoint(s) in: Alder Creek (46.2813, –122.5646); Unnamed (46.1159, –121.9702); McCoy Creek (46.3891, –122.4964); Bear Creek (46.3085, –122.5728); Unnamed (46.1169, –121.8190); Quartz Creek (46.4250, –122.3504); Coldwater Creek (46.2884, –122.3397); Unnamed (46.1242, –122.0519); Unnamed (46.4633, –122.2675); Cow Creek (46.3287, –122.5932); Unnamed (46.1244, –121.9548); Woods Creek (46.4741, –122.4616); Hoffstadt Creek (46.3211,
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00207 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52836 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
–122.3324); Maratta Creek (46.2925, (46.2265, –122.3906); Unnamed (46.3173, –122.8950); Unnamed –122.2845); Unnamed (46.3050, (46.2271, –122.3367); Unnamed (46.3229, –122.8152); Unnamed –122.5416); Unnamed (46.3346, (46.2277, –122.3719); Unnamed (46.3245, –122.8609); Unnamed –122.5460); Unnamed (46.3394, (46.2309, –122.3828); Unnamed (46.3248, –123.0292); Unnamed –122.3314). (46.2357, –122.4802); Unnamed (46.3252, –122.9238); Unnamed (iv) Green River Watershed (46.2365, –122.4402); Unnamed (46.3294, –122.9084); Unnamed 1708000505. Outlet(s) = Green River (46.2424, –122.4860); Unnamed (46.3309, –123.0046); Unnamed (Lat 46.3718, Long –122.5847) upstream (46.2444, –122.5427); Unnamed (46.3316, –122.8257); Unnamed to endpoint(s) in: Beaver Creek (46.2457, –122.6283); Unnamed (46.3346, –123.0167); Unnamed (46.4056, –122.5671); Cascade Creek (46.2523, –122.5147); Unnamed (46.3378, –122.9398); Unnamed (46.3924, –122.3529); Devils Creek (46.2587, –122.5333); Unnamed (46.3393, –122.9402); Unnamed (46.4017, –122.4089); Elk Creek (46.2591, –122.5240); Unnamed (46.3415, –122.9208); Unnamed (46.4178, –122.2477); Green River (46.2608, –122.5493); Unnamed (46.3456, –122.6405); Unnamed (46.3857, –122.1815); Jim Creek (46.2618, –122.5705); Unnamed (46.3472, –122.9457); Unnamed (46.3885, –122.5256); Miners Creek (46.2693, –122.5763); Unnamed (46.3488, –123.0519); Unnamed (46.3483, –122.1932); Shultz Creek (46.2707, –122.6094); Unnamed (46.3510, –123.0079); Unnamed (46.3684, –122.2848); Tradedollar Creek (46.2932, –122.5890); Unnamed (46.3511, –122.7678); Unnamed (46.3769, –122.2411); Unnamed (46.2969, –122.6718); Unnamed (46.3584, –122.7902); Unnamed (46.3271, –122.2978); Unnamed (46.2976, –122.6129); Unnamed (46.3585, –123.0369); Unnamed (46.3467, –122.2092); Unnamed (46.3035, –122.5952); Unnamed (46.3586, –122.7477); Unnamed (46.3602, –122.3257); Unnamed (46.3128, –122.7032); Unnamed (46.3599, –123.0992); Unnamed (46.3655, –122.4774); Unnamed (46.3217, –122.6473); Whitten Creek (46.3623, –122.6910); Unnamed (46.3683, –122.3454); Unnamed (46.2328, –122.4944). (46.3665, –122.6334); Unnamed (46.3695, –122.4132); Unnamed (vi) East Willapa Watershed (46.3667, –122.8953); Unnamed (46.3697, –122.4705); Unnamed 1708000507. Outlet(s) = Cowlitz River (46.3683, –122.8930); Unnamed (46.3707, –122.5175); Unnamed (Lat 46.2660, Long –122.9154) upstream (46.3683, –122.7502); Unnamed (46.3734, –122.3883); Unnamed to endpoint(s) in: Arkansas Creek (46.3718, –122.6202); Unnamed (46.3817, –122.2348); Unnamed (46.3345, –123.0567); Baxter Creek (46.3720, –123.0933); Unnamed (46.3844, –122.4335); Unnamed (46.3748, –122.6167); Unnamed (46.3876, –122.4870); Unnamed (46.3367, –122.9841); Brim Creek (46.4446, –123.0395); Campbell Creek (46.3818, –122.8822); Unnamed (46.3931, –122.3726); Unnamed (46.3824, –122.6090); Unnamed (46.4023, –122.5543); Unnamed (46.3436, –123.0700); Cline Creek (46.3397, –122.8550); Cowlitz River (46.3942, –122.9794); Unnamed (46.4060, –122.5415); Unnamed (46.4015, –123.0272); Unnamed (46.4087, –122.5061); Unnamed (46.3678, –122.9337); Delameter Creek (46.2705, –123.0143); Ferrier Creek (46.4045, –123.0194); Unnamed (46.4106, –122.4300); Unnamed (46.4177, –122.9611); Unnamed (46.4143, –122.4463); Unnamed (46.4646, –122.9374); Hemlock Creek (46.2586.–122.7270); Hill Creek (46.4200, –123.0403); Unnamed (46.4173, –122.2910); Unnamed (46.4286, –123.0467); Unnamed (46.4196, –122.2850); Unnamed (46.3861, –122.8864); King Creek (46.5304, –123.0203); McMurphy Creek (46.4362, –123.0451); Unnamed (46.4226, –122.3029); Unnamed (46.4379, –122.9985); Unnamed (46.4285, –122.2662). (46.4113, –122.9469); Monahan Creek (46.4571, –122.9604); Unnamed (v) South Fork Toutle River Watershed (46.3041, –123.0614); North Fork Brim (46.4606, –123.0166); Unnamed 1708000506. Outlet(s) = South Fork Creek (46.4627, –123.0222); North Fork Toutle River (Lat 46.3282, Long Toutle River (46.3669, –122.5859); (46.4724, –122.9989); Unnamed –122.7215) upstream to endpoint(s) in: Owens Creek (46.3994, –123.0457); (46.4907, –122.9352); Unnamed Bear Creek (46.2219, –122.4620); Big Rock Creek (46.3479, –122.8144); Rock (46.5074, –122.8877); Unnamed Wolf Creek (46.2259, –122.5662); Creek (46.3531, –122.9368); Snow Creek (46.5089, –122.9291); Unnamed Disappointment Creek (46.2138, (46.4486, –122.9805); Stankey Creek (46.5228, –122.8539); Unnamed –122.3080); Eighteen Creek (46.2453, (46.3259, –122.8266); Stillwater Creek (46.5336, –122.9793); Unnamed –122.5989); Harrington Creek (46.2508, (46.3583, –123.1144); Sucker Creek (46.5371, –122.8214); Unnamed –122.4126); Johnson Creek (46.3047, (46.2600, –122.7684); Tucker Creek (46.5439, –122.8538); Whittle Creek –122.5923); Sheep Canyon (46.2066, (46.2565, –123.0162); Unnamed (46.3122, –122.9501); Wyant Creek –122.2672); South Fork Toutle River (46.2413, –122.9887); Unnamed (46.3381, –122.6117). (46.2137, –122.2347); Studebaker Creek (46.2480, –123.0169); Unnamed (vii) Coweeman River Watershed (46.2825, –122.6805); Thirteen Creek (46.2480, –122.7759); Unnamed 1708000508. Outlet(s) = Cowlitz River (46.2374, –122.6230); Trouble Creek (46.2517, –123.0173); Unnamed (Lat 46.0977, Long –122.9141); Owl (46.1999, –122.3774); Twenty Creek (46.2606, –122.9549); Unnamed Creek (46.0771, –122.8676) upstream to (46.2508, –122.5738); Unnamed (46.2629, –123.0188); Unnamed endpoint(s) in: Baird Creek (46.1942, (46.1858, –122.2983); Unnamed (46.2663, –122.9804); Unnamed –122.5483); Coweeman River (46.1505, (46.1953, –122.2881); Unnamed (46.2709, –122.7687); Unnamed –122.5172); Cowlitz River (46.2660, (46.2068, –122.3301); Unnamed (46.2711, –122.8159); Unnamed –122.9154); Goble Creek (46.1103, (46.2075, –122.3267); Unnamed (46.2840, –122.8128); Unnamed –122.6789); Hill Creek (46.1784, (46.2082, –122.2591); Unnamed (46.2878, –123.0286); Unnamed –122.5990); Leckler Creek (46.2317, (46.2107, –122.4301); Unnamed (46.2883, –122.9051); Unnamed –122.9470); Little Baird Creek (46.1905, (46.2115, –122.2786); Unnamed (46.2892, –122.9625); Unnamed –122.5709); Martin Creek (46.1394, (46.2117, –122.2378); Unnamed (46.2900, –122.8124); Unnamed –122.5519); Mulholland Creek (46.2013, (46.2121, –122.5188); Unnamed (46.3030, –123.0645); Unnamed –122.6450); Nineteen Creek (46.1437, (46.2157, –122.3467); Unnamed (46.3092, –122.9826); Unnamed –122.6146); North Fork Goble Creek (46.2215, –122.5318); Unnamed (46.3160, –122.7783); Unnamed (46.1363, –122.6769); Nye Creek (46.2234, –122.3265); Unnamed (46.3161, –123.0123); Unnamed (46.1219, –122.8040); O’Neil Creek
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00208 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52837
(46.1760, –122.5422); Ostrander Creek –122.2015); Thunder Creek (44.9740, (45.3142, –122.1135); Trout Creek (46.2103, –122.7623); Owl Creek –122.1230). (45.3305, –122.1187). (46.0913, –122.8644); Salmon Creek (ii) Upper Clackamas River Watershed (vi) Lower Clackamas River (46.2547, –122.8839); Sandy Bend Creek 1709001102. Outlet(s) = Clackamas 1709001106. Outlet(s) = Clackamas (46.2319, –122.9140); Skipper Creek River (Lat 45.0321, Long –122.0600) River (Lat 45.3719, Long –122.6071) (46.1639, –122.5887); South Fork upstream to endpoint(s) in: Berry Creek upstream to endpoint(s) in: Bargfeld Ostrander Creek (46.1875, –122.8240); (44.8291, –121.9176); Cabin Creek Creek (45.3195, –122.4398); Clackamas Turner Creek (46.1167, –122.8149); (45.0087, –121.8958); Clackamas River River (45.2440, –122.2798); Clear Creek Unnamed (46.0719, –122.8607); (44.8723, –121.8470); Cub Creek (45.2022, –122.3121); Deep Creek Unnamed (46.0767, –122.8605); (44.8288, –121.8863); Fawn Creek (45.3421, –122.2799); Foster Creek Unnamed (46.0824, –122.7200); (44.9089, –121.9226); Hunter Creek (45.3512, –122.4082); Goose Creek Unnamed (46.0843, –122.7195); (44.8926, –121.9285); Kansas Creek (45.3621, –122.3549); Little Clear Creek Unnamed (46.1185, –122.7253); (44.9820, –121.8999); Last Creek (45.2803, –122.4055); Mosier Creek Unnamed (46.1289, –122.8968); (44.9759, –121.8424); Lost Creek (45.2683, –122.4516); North Fork Deep Unnamed (46.1390, –122.5709); (45.0180, –121.9070); Lowe Creek Creek (45.4271, –122.3094); Richardson Unnamed (46.1430, –122.8125); (44.9636, –121.9457); Pinhead Creek Creek (45.4097, –122.4484); Rock Creek Unnamed (46.1433, –122.8084); (44.9421, –121.8359); Pot Creek (45.4157, –122.5013); Tickle Creek Unnamed (46.1478, –122.8649); (45.0201, –121.9014); Rhododendron (45.3932, –122.2775); Unnamed Unnamed (46.1546, –122.6376); Creek (44.9358, –121.9154); Sisi Creek (45.3502, –122.4861); Unnamed Unnamed (46.1562, –122.7808); (44.9110, –121.8875); Unnamed (45.3626, –122.2858); Unnamed Unnamed (46.1579, –122.6476); (44.8286, –121.9225); Unnamed (45.3816, –122.3721); Unnamed Unnamed (46.1582, –122.5332); (44.8343, –121.8778); Unnamed (45.4057, –122.3223); Unnamed Unnamed (46.1605, –122.6681); (44.8944, –121.9028); Unnamed (45.4102, –122.2987); Wade Creek Unnamed (46.1620, –122.5885); (44.9355, –121.8735); Unnamed (45.2922, –122.3237). Unnamed (46.1671, –122.6284); (44.9661, –121.8894); Unnamed (8) Lower Willamette Subbasin Unnamed (46.1688, –122.9215); (44.9687, –121.8920); Unnamed 17090012—(i) Johnson Creek Watershed Unnamed (46.1724, –122.6118); (45.0000, –121.8910). 1709001201. Outlet(s) = Willamette Unnamed (46.1735, –122.8282); (iii) Oak Grove Fork Clackamas River River (Lat 45.4423, Long –122.6453) Unnamed (46.1750, –122.8428); Watershed 1709001103. Outlet(s) = Oak upstream to endpoint(s) in: Crystal Unnamed (46.1750, –122.7557); Grove Fork Clackamas River (Lat Springs Creek (45.4811, –122.6381); Unnamed (46.1797, –122.7746); 45.0746, Long –122.0520) upstream to Crystal Springs Lake (45.4799, Unnamed (46.1803, –122.7801); endpoint(s) in: Oak Grove Fork –122.6361); Johnson Creek (45.4610, Unnamed (46.1811, –122.7631); Clackamas River (45.0823, –121.9861); –122.3432); Kellogg Creek (45.4083, Unnamed (46.1814, –122.7656); Pint Creek (45.0834, –122.0355). –122.5925); Kelly Creek (45.4661, Unnamed (46.1840, –122.8191); (iv) Middle Clackamas River –122.4655); Mount Scott Creek (45.4306, Unnamed (46.1955, –122.9082); Watershed 1709001104. Outlet(s) = –122.5556); Oswego Creek (45.4105, Unnamed (46.1966, –122.5542); Clackamas River (Lat 45.2440, Long –122.6666); Phillips Creek (45.4328, Unnamed (46.1971, –122.7118); –122.2798) upstream to endpoint(s) in: –122.5763); Tryon Creek (45.4472, Unnamed (46.2014, –122.8241); Big Creek (45.0694, –122.0848); Calico –122.6863); Unnamed (45.4793, Unnamed (46.2021, –122.6941); Creek (45.0682, –122.1627); Clackamas –122.4165); Willamette River (45.3719, River (45.0321, –122.0600); Cripple –122.6071). Unnamed (46.2027, –122.5593); Creek (45.1149, –122.0618); Fish Creek (ii) Scappoose Creek Watershed Unnamed (46.2172, –122.9516); (45.0634, –122.1597); Mag Creek 1709001202. Outlet(s) = Multnomah Unnamed (46.2192, –122.6663); (45.0587, –122.0488); North Fork Channel (Lat 45.8577, Long –122.7919) Unnamed (46.2199, –122.8375); Clackamas River (45.2371, –122.2181); upstream to endpoint(s) in: Multnomah Unnamed (46.2208, –122.8887); Pick Creek (45.0738, –122.1994); Pup Channel (45.6188, –122.7921). Unnamed (46.2231, –122.9509); Creek (45.1451, –122.1055); Roaring (iii) Columbia Slough/Willamette Unnamed (46.2257, –122.7667); River (45.1773, –122.0650); Sandstone River Watershed 1709001203. Outlet(s) Unnamed (46.2261, –122.8023); Creek (45.0862, –122.0845); Second = Willamette River (Lat 45.6530, Long Unnamed (46.2379, –122.8859); Creek (45.1081, –122.1601); South Fork –122.7646) upstream to endpoint(s) in: Unnamed (46.2430, –122.8842). Clackamas River (45.1912, –122.2261); Bybee Lake (45.6266, –122.7523); (7) Clackamas Subbasin 17090011—(i) Tag Creek (45.0605, –122.0475); Tar Bybee/Smith Lakes (45.6105, Collawash River Watershed Creek (45.0494, –122.0569); Third Creek –122.7285); Columbia Slough #1 1709001101. Outlet(s) = Collawash (45.0977, –122.1649); Trout Creek (45.6078, –122.7447); Swan Island Basin River (Lat 45.0321, Long –122.0600) (45.0379, –122.0720); Wash Creek (45.5652, –122.7120); Unnamed upstream to endpoint(s) in: Blister Creek (45.0473, –122.1893); Whale Creek (45.6253, –122.7568); Willamette River (44.9594, –122.1590); Dickey Creek (45.1102, –122.0849). (45.4423, –122.6453). (44.9335, –122.0469); East Fork (v) Eagle Creek Watershed (9) Lower Columbia River Corridor— Collawash River (44.8789, –121.9850); 1709001105. Outlet(s) = Eagle Creek (Lat Lower Columbia River Corridor Outlet(s) Elk Lake Creek (44.8886, –122.0128); 45.3535, Long –122.3823) upstream to = Columbia River (Lat 46.2485, Long Fan Creek (44.9926, –122.0735); Farm endpoint(s) in: Bear Creek (45.3369, –124.0782) upstream to endpoint(s) in: Creek (44.9620, –122.0604); Hot Springs –122.2331); Currin Creek (45.3369, Columbia River (45.5710, –122.4021). Fork Collawash River (44.9005, –122.3555); Delph Creek (45.2587, (10) Maps of critical habitat for the –122.1616); Hugh Creek (44.9226, –122.2098); Eagle Creek (45.2766, Lower Columbia River Steelhead ESU –122.1978); Pansy Creek (44.9463, –122.1998); Little Eagle Creek (45.3003, follow: –122.1420); Skin Creek (44.9477, –122.1682); North Fork Eagle Creek BILLING CODE 3510–22–P
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00209 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52838 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00210 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.181 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52839
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00211 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.182 52840 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00212 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.183 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52841
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00213 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.184 52842 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00214 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.185 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52843
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00215 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.186 52844 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00216 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.187 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52845
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00217 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.188 52846 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00218 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.189 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52847
BILLING CODE 3510–22–C
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00219 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.190 52848 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
(t) Upper Willamette River Steelhead endpoint(s) in: Cedar Creek (44.8439, River (Lat 44.3977, Long –122.4473) (Oncorhynchus mykiss). Critical habitat –122.2682); Elkhorn Creek (44.8139, upstream to endpoint(s) in: Canyon is designated to include the areas –122.3451); Evans Creek (44.8412, Creek (44.3074, –122.3300); Falls Creek defined in the following subbasins: –122.3601); Fish Creek (44.8282, (44.4007, –122.3828); Harter Creek (1) Upper Willamette Subbasin –122.3915); Little North Santiam River (44.4166, –122.2605); Keith Creek 17090003—(i) Calapooia River (44.8534, –122.2887); Little Sinker (44.4093, –122.2847); Moose Creek Watershed 1709000303. Outlet(s) = Creek (44.8235, –122.4163); Sinker (44.4388, –122.3671), Owl Creek Calapooia River (Lat 44.5088, Long Creek (44.8211, –122.4210). (44.2999, –122.3686); Shuttle Camp –123.1101) upstream to endpoint(s) in: (iii) Lower North Santiam River Creek (44.4336, –122.2597); Soda Fork Bigs Creek (44.2883, –122.6133); Butte Watershed 1709000506. Outlet(s) = South Santiam River (44.4410, Creek (44.4684, –123.0488); Calapooia Santiam River (Lat 44.7504, Long –122.2466); South Santiam River River (44.2361, –122.3664); Hands Creek –123.1421) upstream to endpoint(s) in: (44.3980, –122.2610); Trout Creek (44.2559, –122.5127); King Creek Bear Branch (44.7602, –122.7942); (44.3993, –122.3464); Two Girls Creek (44.2458, –122.4452); McKinley Creek Chehulpum Creek (44.7554, –122.9898); (44.3248, –122.3346). (44.2569, –122.5621); North Fork Cold Creek (44.7537, –122.8812); (v) South Santiam River/Foster Calapooia River (44.2497, –122.4094); Morgan Creek (44.7495, –123.0443); Reservoir Watershed 1709000607. Potts Creek (44.2581, –122.4756); Spoon North Santiam River (44.7852, Outlet(s) = South Santiam River (Lat Creek (44.4379, –123.0877); United –122.6079); Salem Ditch (44.8000, 44.4163, Long –122.6693) upstream to States Creek (44.2244, –122.3825). –122.8120); Santiam River (44.6869, endpoint(s) in: Lewis Creek (44.4387, (ii) Oak Creek Watershed 1709000304. –123.0052); Smallman Creek (44.7293, –122.6223); Middle Santiam River Outlet(s) = Willamette River (Lat –122.9139); Stout Creek (44.8089, (44.4498, –122.5479); South Santiam 44.7504, Long –123.1421) upstream to –122.5994); Trask Creek (44.7725, River (44.3977, –122.4473). endpoint(s) in: Calapooia River –122.6152); Unnamed (44.7972, (vi) Wiley Creek Watershed (44.5088, –123.1101); Cox Creek –122.7328); Valentine Creek (44.7999, 1709000608. Outlet(s) = Wiley Creek (44.6417, –123.0680); Periwinkle Creek –122.7311). (Lat 44.4140, Long –122.6752) upstream (44.6250, –123.0814); Truax Creek (3) South Santiam Subbasin to endpoint(s) in: Farmers Creek (44.6560, –123.0598). 17090006—(i) Hamilton Creek/South (44.3383, –122.5812); Jackson Creek (iii) Luckiamute River Watershed Santiam River Watershed 1709000601. (44.3669, –122.6344); Little Wiley Creek 1709000306. Outlet(s) = Luckiamute Outlet(s) = South Santiam River (Lat (44.3633, –122.5228); Unnamed River (Lat 44.7561, Long –123.1468) 44.6869, Long –123.0052) upstream to (44.3001, –122.4579); Unnamed upstream to endpoint(s) in: Bonner endpoint(s) in: Albany—Santiam Canal (44.3121, –122.5197); Unnamed Creek (44.6735, –123.4849); Burgett (44.5512, –122.9032); Hamilton Creek (44.3455, –122.5934); Unnamed Creek (44.6367, –123.4574); Clayton (44.5392, –122.7018); Johnson Creek (44.3565, –122.6051); Wiley Creek Creek (44.7749, –123.4870); Cooper (44.4548, –122.7080); McDowell Creek (44.2981, –122.4318). Creek (44.8417, –123.3246); Grant Creek (44.4640, –122.6803); Mill Creek (4) Middle Willamette Subbasin (44.8389, –123.4098); Little Luckiamute (44.6628, –122.9575); Morgan Creek 17090007—(i) Mill Creek/Willamette River (44.8673, –123.4375); Luckiamute (44.4557, –122.7058); Noble Creek River Watershed 1709000701. Outlet(s) River (44.7970, –123.5270); Maxfield (44.4513, –122.7974); South Santiam = Mill Creek (Lat 44.9520, Long Creek (44.6849, –123.3427); River (44.4163, –122.6693). –123.0381) upstream to endpoint(s) in: McTimmonds Creek (44.7622, (ii) Crabtree Creek Watershed Mill Creek (44.8268, –122.8249). –123.4125); North Fork Pedee Creek 1709000602. Outlet(s) = Crabtree Creek (ii) Rickreall Creek Watershed (44.7866, –123.4511); Plunkett Creek (Lat 44.6756, Long –122.9557) upstream 1709000702. Outlet(s) = Willamette (44.6522, –123.4241); Price Creek to endpoint(s) in: Bald Barney Creek River (Lat 44.9288, Long –123.1124) (44.6677, –123.3732); Sheythe Creek (44.5469, –122.5959); Bald Peter Creek upstream to endpoint(s) in: Willamette (44.7683, –123.5027); Soap Creek (44.5325, –122.6024); Beaver Creek River (44.7504, –123.1421). (44.6943, –123.2488); South Fork Pedee (44.6337, –122.8537); Camp Creek (iii) Willamette River/Chehalem Creek Creek (44.7798, –123.4667); Teal Creek (44.5628, –122.5768); Crabtree Creek Watershed 1709000703. Outlet(s) = (44.8329, –123.4582); Unnamed (44.6208, –122.5055); Cruiser Creek Willamette River (Lat 45.2552, Long (44.7562, –123.5293); Unnamed (44.5543, –122.5831); Green Mountain –122.8806) upstream to endpoint(s) in: (44.7734, –123.2027); Unnamed Creek (44.5777, –122.6258); Roaring Willamette River (44.9288, –123.1124). (44.7902, –123.6211); Vincent Creek River (44.6281, –122.7148); Rock Creek (iv) Abernethy Creek Watershed (44.6380, –123.4327); Waymire Creek (44.5883, –122.6000); South Fork 1709000704. Outlet(s) = Willamette (44.8725, –123.4128); Woods Creek Crabtree Creek (44.5648, –122.5441); River (Lat 45.3540, Long –122.6186) (44.6564, –123.3905). White Rock Creek (44.6050, –122.5209). upstream to endpoint(s) in: Willamette (2) North Santiam Subbasin (iii) Thomas Creek Watershed River (45.2552, –122.8806). 17090005—(i) Middle North Santiam 1709000603. Outlet(s) = Thomas Creek (5) Yamhill Subbasin 17090008—(i) River Watershed 1709000504. Outlet(s) (Lat 44.6778, Long –122.9654) upstream Upper South Yamhill River Watershed = North Santiam River (Lat 44.7852, to endpoint(s) in: Criminal Creek 1709000801. Outlet(s) = South Yamhill Long –122.6079) upstream to (44.7122, –122.5709); Ella Creek River (Lat 45.0784, Long –123.4753) endpoint(s) in: Little Rock Creek (44.6815, –122.5228); Hortense Creek upstream to endpoint(s) in: Agency (44.7330, –122.3927); Mad Creek (44.6756, –122.5017); Jordan Creek Creek (45.1799, –123.6976); Cedar Creek (44.7373, –122.3735); North Santiam (44.7527, –122.6519); Mill Creek (45.0892, –123.6969); Cockerham Creek River (44.7512, –122.2825); Rock Creek (44.7060, –122.7849); Neal Creek (45.0584, –123.5077); Cosper Creek (44.7011, –122.4080); Snake Creek (44.6923, –122.6484); South Fork Neal (45.1497, –123.6178); Cow Creek (44.7365, –122.4870). Creek (44.7016, –122.7049); Thomas (45.0410, –123.6165); Crooked Creek (ii) Little North Santiam River Creek (44.6776, –122.4650); West Fork (45.0964, –123.6611); Doane Creek Watershed 1709000505. Outlet(s) = Ella Creek (44.6805, –122.5288). (45.0449, –123.4929); Ead Creek Little North Santiam River (Lat 44.7852, (iv) South Santiam River Watershed (45.1214, –123.6969); Elmer Creek Long –122.6079) upstream to 1709000606. Outlet(s) = South Santiam (45.0794, –123.6714); Gold Creek
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00220 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52849
(45.0108, –123.5496); Jackass Creek to endpoint(s) in: South Yamhill River Molalla River (45.0131, –122.2986); Pine (45.0589, –123.6495); Joe Creek (45.1616, –123.2190). Creek (45.0153, –122.4560); Table Rock (45.1216, –123.6216); Joe Day Creek (6) Molalla/Pudding Subbasin Fork Molalla River (44.9731, (45.0285, –123.6660); Kitten Creek 17090009-(i) Abiqua Creek/Pudding –122.2629); Trout Creek (45.0577, (45.1110, –123.7266); Klees Creek River Watershed 1709000901. Outlet(s) –122.4657). (45.0784, –123.5496); Lady Creek = Pudding River (Lat 45.0740, Long (vi) Lower Molalla River Watershed (45.0404, –123.5269); Little Rowell –122.8525) upstream to endpoint(s) in : 1709000906. Outlet(s) = Molalla River Creek (45.0235, –123.5792); Mule Tail Abiqua Creek (44.9264, –122.5666); (Lat 45.2979, Long –122.7141) upstream Creek (45.0190, –123.5547); Pierce Little Abiqua Creek (44.9252, to endpoint(s) in: Buckner Creek Creek (45.1152, –123.7203); Rock Creek –122.6204); Little Pudding River (45.2382, –122.5399); Canyon Creek (45.0130, –123.6344); Rogue River (45.0435, –122.8965); Powers Creek (45.1317, –122.3858); Cedar Creek (45.0613, –123.6550); Rowell Creek (44.9552, –122.6796); Pudding (44.9998, (45.2037, –122.5327); Gribble Creek (45.0187, –123.5699); Unnamed –122.8412); Silver Creek (44.8981, (45.2004, –122.6867); Jackson Creek (45.0318, –123.5421); Unnamed –122.6799). (45.1822, –122.3898); Milk Creek (45.0390, –123.4620); Unnamed (ii) Butte Creek/Pudding River (45.2036, –122.3761); Molalla River (45.0431, –123.5541); Unnamed Watershed 1709000902. Outlet(s) = (45.1196, –122.5342); Woodcock Creek (45.0438, –123.4721); Unnamed Pudding River (Lat 45.1907, Long (45.1508, –122.5075). (45.0493, –123.6044); Unnamed –122.7527) upstream to endpoint(s) in: (7) Tualatin Subbasin 17090010— (45.0599, –123.4661); Unnamed Pudding River (45.0740, –122.8525). Gales Creek Watershed 1709001002. (45.0945, –123.6110); Unnamed (iii) Rock Creek/Pudding River Outlet(s) = Tualatin River (Lat 45.5019, (45.0994, –123.6276); Unnamed Watershed 1709000903. Outlet(s) = Long –122.9946) upstream to (45.1151, –123.6566); Unnamed Rock Creek (Lat 45.1907, Long endpoint(s) in: Bateman Creek (45.6350, (45.1164, –123.6717); Unnamed –122.7527) upstream to endpoint(s) in: –123.2966); Beaver Creek (45.6902, (45.1412, –123.6705); West Fork Agency Rock Creek (45.0876, –122.5916). –123.2889); Clear Creek (45.5705, Creek (45.1575, –123.7032); Wind River (iv) Senecal Creek/Mill Creek –123.2567); Gales Creek (45.6428, (45.1367, –123.6392); Yoncalla Creek Watershed 1709000904. Outlet(s) = –123.3576); Iler Creek (45.5900, (45.1345, –123.6614). Pudding River (Lat 45.2843, Long –123.2582); North Fork Gales Creek (ii) Mill Creek/South Yamhill River –122.7149) upstream to endpoint(s) in: (45.6680, –123.3394); Roaring Creek Watershed 1709000803. Outlet(s) = Mill Pudding River (45.1907, –122.7527). (45.5620, –123.2574); Roderick Creek Creek (Lat 45.0908, Long –123.4434) (v) Upper Molalla River Watershed (45.5382, –123.2013); South Fork Gales upstream to endpoint(s) in: Mill Creek 1709000905. Outlet(s) = Molalla River Creek (45.6059, –123.2978); Tualatin (45.0048, –123.4184). (Lat 45.1196, Long –122.5342) upstream River (45.4917, –123.1012). to endpoint(s) in: Camp Creek (44.9630, (8) Lower Willamette/Columbia River (iii) Lower South Yamhill River –122.2928); Cedar Creek (45.0957, Corridor—Lower Willamette/Columbia Watershed 1709000804. Outlet(s) = –122.5257); Copper Creek (44.8877, River Corridor. Outlet(s) = Columbia South Yamhill River (Lat 45.1616, Long –122.3704); Cougar Creek (45.0421, River (Lat 46.2485, Long –124.0782) –123.2190) upstream to endpoint(s) in: –122.3145); Dead Horse Canyon Creek upstream to endpoint(s) in: Willamette South Yamhill River (45.0784, (45.0852, –122.3146); Gawley Creek River (45.3540, –122.6186). –123.4753). (44.9320, –122.4304); Lost Creek (9) Maps of critical habitat for the (iv) Yamhill River Watershed (44.9913, –122.2444); Lukens Creek Upper Willamette River Steelhead ESU 1709000807. Outlet(s) = Yamhill River (45.0498, –122.2421); Molalla River follow: (Lat 45.2301, Long –122.9950) upstream (44.9124, –122.3228); North Fork BILLING CODE 3510–22–P
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00221 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 52850 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00222 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.191 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52851
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00223 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.192 52852 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00224 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.193 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52853
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00225 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.194 52854 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00226 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.195 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52855
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00227 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.196 52856 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00228 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.197 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52857
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00229 Fmt 4701 Sfmt 4725 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.198 52858 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
[FR Doc. 05–16391 Filed 9–1–05; 8:45 am] BILLING CODE 3510–22–C
VerDate Aug<18>2005 17:43 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00230 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER3.SGM 02SER3 ER02SE05.199 Friday, September 2, 2005
Part IV
Department of Housing and Urban Development Federal Property Suitable as Facilities To Assist the Homeless; Notice
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02SEN2.SGM 02SEN2 52860 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
DEPARTMENT OF HOUSING AND property is described as for ‘‘off-site use Engineers, Civil Division, Directorate of URBAN DEVELOPMENT only’’ recipients of the property will be Real Estate, 441 G Street, NW., required to relocate the building to their Washington, DC 20314–1000; (202) 761– [Docket No. FR–4980–N–35] own site at their own expense. 7425; Coast Guard: Commandant, Federal Property Suitable as Facilities Homeless assistance providers United States Coast Guard, Attn: Teresa To Assist the Homeless interested in any such property should Sheinberg, 2100 Second St., SW., Room send a written expression of interest to 6109, Washington, DC 20593; (202) 267– AGENCY: Office of the Assistant HHS, addressed to Heather Ranson, 6142; Energy: Mr. Andy Duran, Secretary for Community Planning and Division of Property Management, Department of Energy, Office of Development, HUD. Program Support Center, HHS, room Engineering & Construction ACTION: Notice. 5B–17, 5600 Fishers Lane, Rockville, Management, ME–90, 1000 MD 20857; (301) 443–2265. (This is not Independence Ave, SW., Washington, SUMMARY: This Notice identifies a toll-free number.) HHS will mail to the DC 20585: (202) 586–4548; GSA: Mr. unutilized, underutilized, excess, and interested provider an application Brian K. Polly, Assistant Commissioner, surplus Federal property reviewed by packet, which will include instructions General Services Administration, Office HUD for suitability for possible use to for completing the application. In order of Property Disposal, 18th and F Streets, assist the homeless. to maximize the opportunity to utilize a NW., Washington, DC 20405; (202) 501– FOR FURTHER INFORMATION CONTACT: suitable property, providers should 0084; Navy: Mr. Warren Meekins, Kathy Ezzell, room 7266, Department of submit their written expressions of Department of the Navy, Real Estate Housing and Urban Development, 451 interest as soon as possible. For Services, Naval Facilities Engineering Seventh Street SW., Washington, DC complete details concerning the Command, Washington Navy Yard, 20410; telephone (202) 708–1234; TTY processing of applications, the reader is 1322 Patterson Ave., SE., Suite 1000, number for the hearing- and speech- encouraged to refer to the interim rule Washington, DC 20374–5065; (202) 685– impaired (202) 708–2565 (these governing this program, 24 CFR part 9305; VA: Ms. Amelia E. McLellan, telephone numbers are not toll-free), or 581. Director, Real Property Service, call the toll-free Title V information line For properties listed as suitable/to be Department of Veterans Affairs, 810 at 1–800–927–7588. excess, that property may, if Vermont Avenue, NW., Room 419, subsequently accepted as excess by SUPPLEMENTARY INFORMATION: In Washington, DC 20420; (202) 565–5398; GSA, be made available for use by the (These are not toll-free numbers). accordance with 24 CFR part 581 and homeless in accordance with applicable section 501 of the Stewart B. McKinney law, subject to screening for other Dated: August 25, 2005. Homeless Assistance Act (42 U.S.C. Federal use. At the appropriate time, Mark R. Johnston, 11411), as amended, HUD is publishing HUD will publish the property in a Director, Office of Special Needs Assistance this Notice to identify Federal buildings Notice showing it as either suitable/ Programs. and other real property that HUD has available or suitable/unavailable. Title V, Federal Surplus Property reviewed for suitability for use to assist For properties listed as suitable/ the homeless. The properties were Program Federal Register Report For unavailable, the landholding agency has September 2, 2005 reviewed using information provided to decided that the property cannot be HUD by Federal landholding agencies declared excess or made available for Suitable/Available Properties regarding unutilized and underutilized use to assist the homeless, and the Buildings (by State) buildings and real property controlled property will not be available. by such agencies or by GSA regarding Properties listed as unsuitable will Alaska its inventory of excess or surplus not be made available for any other Bldg. 7525 Federal property. This Notice is also purpose for 20 days from the date of this Elmendorf AFB published in order to comply with the Notice. Homeless assistance providers Elmendorf AFB AK 99506– December 12, 1988 Court Order in interested in a review by HUD of the Landholding Agency: Air Force National Coalition for the Homeless v. determination of unsuitability should Property Number: 18200230009 Veterans Administration, No. 88–2503– call the toll free information line at 1– Status: Unutilized OG (D.D.C.). 800–927–7588 for detailed instructions Comment: 26,226 sq. ft., need rehab, Properties reviewed are listed in this or write a letter to Mark Johnston at the possible asbestos/lead paint, most Notice according to the following address listed at the beginning of this recent use—dormitory, off-site use categories: Suitable/available, suitable/ Notice. Included in the request for only. unavailable, suitable/to be excess, and review should be the property address unsuitable. The properties listed in the (including zip code), the date of California three suitable categories have been publication in the Federal Register, the Federal Building reviewed by the landholding agencies, landholding agency, and the property 1125 I Street and each agency has transmitted to number. Modesto Co: Stanislaus CA 95354– HUD: (1) Its intention to make the For more information regarding Landholding Agency: GSA property available for use to assist the particular properties identified in this Property Number: 54200510002 homeless, (2) its intention to declare the Notice (i.e., acreage, floor plan, existing Status: Surplus property excess to the agency’s needs, or sanitary facilities, exact street address), Comment: 23,770 sq. ft., needs upgrade, (3) a statement of the reasons that the providers should contact the presence of asbestos/lead paint, listed property cannot be declared excess or appropriate landholding agencies at the on Natl Register of Historic Places, made available for use as facilities to following addresses: Air Force: Ms. Federal tenants occupy a portion of assist the homeless. Kathryn M. Halvorson, Director, Air bldg. Properties listed as suitable/available Force Real Property Agency, 1700 North GSA Number: 9–G–CA–1576 will be available exclusively for Moore St., Suite 2300, Arlington, VA homeless use for a period of 60 days 22209–2802; (703) 696–5502; COE: Ms. Colorado from the date of this Notice. Where Shirley Middleswarth, Army Corps of Bldg. 2
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52861
VAMC Bldg. 10 N. Indiana Health Care System 2121 North Avenue VA Northern Indiana Health Care Marion Co: Grant IN 46952– Grand Junction Co: Mesa CO 81501– System Landholding Agency: VA Landholding Agency: VA Marion Campus, 1700 East 38th Street Property Number: 97200310003 Property Number: 97200430001 Marion Co: Grant IN 46953– Status: Unutilized Status: Unutilized Landholding Agency: VA Comment: 20,550 sq .ft., needs extensive Comment: 3298 sq. ft., needs major Property Number: 97199810002 repairs, presence of asbestos, most rehab, presence of asbestos/lead paint. Status: Underutilized recent use—patient ward. Bldg. 3 Comment: 16,361 sq. ft., presence of Bldg. 13 VAMC asbestos, most recent use—psychiatric N. Indiana Health Care System 2121 North Avenue ward, National Register of Historic Marion Co: Grant IN 46952– Grand Junction Co: Mesa CO 81501– Places. Landholding Agency: VA Landholding Agency: VA Bldg. 11 Property Number: 97200310004 Property Number: 97200430002 VA Northern Indiana Health Care Status: Unutilized Status: Unutilized System Comment: 8971 sq. ft., needs extensive Comment: 7275 sq. ft., needs major Marion Campus, 1700 East 38th Street repairs, presence of asbestos, most rehab, presence of asbestos/lead paint. Marion Co: Grant IN 46953– recent use—office. Georgia Landholding Agency: VA Bldg. 19 Property Number: 97199810003 N. Indiana Health Care System Bldg. W0–3 Status: Underutilized Marion Co: Grant IN 46952– West Point Lake Comment: 16,361 sq. ft., presence of Landholding Agency: VA West Point Co: GA 31833– Property Number: 97200310005 Landholding Agency: COE asbestos, most recent use—psychiatric ward, National Register of Historic Status: Unutilized Property Number: 31200520001 Comment: 12,237 sq. ft., needs extensive Status: Unutilized Places. Bldg. 18 repairs, presence of asbestos, most Comment: 7 x 7 gatehouse, off-site use recent use—office. only. VA Northern Indiana Health Care System Bldg. 20 Hawaii Marion Campus, 1700 East 38th Street N. Indiana Health Care System Bldg. 849 Marion Co: Grant IN 46953– Marion Co: Grant IN 46952– Bellows AFS Landholding Agency: VA Landholding Agency: VA Bellows AFS HI Property Number: 97199810004 Property Number: 97200310006 Landholding Agency: Air Force Status: Underutilized Status: Unutilized Property Number: 18200330008 Comment: 13,802 sq. ft., presence of Comment: 14,039 sq. ft., needs extensive Status: Unutilized asbestos, most recent use—psychiatric repairs, presence of asbestos, most Comment: 462 sq. ft., concrete storage ward, National Register of Historic recent use—office/storage. facility. Places. Bldg. 42 N. Indiana Health Care System Indiana Bldg. 25 VA Northern Indiana Health Care Marion Co: Grant IN 46952– Bldg. 105, VAMC System Landholding Agency: VA East 38th Street Marion Campus, 1700 East 38th Street Property Number: 97200310007 Marion Co: Grant IN 46952– Marion Co: Grant IN 46953– Status: Unutilized Comment: 5025 sq. ft., needs extensive Landholding Agency: VA Landholding Agency: VA Property Number: 97199230006 repairs, presence of asbestos, most Property Number: 97199810005 Status: Excess recent use—office. Status: Unutilized Comment: 310 sq. ft., 1 story stone Comment: 32,892 sq. ft., presence of Bldg. 60 structure, no sanitary or heating asbestos, most recent use—psychiatric N. Indiana Health Care System facilities, Natl Register of Historic ward, National Register of Historic Marion Co: Grant IN 46952– Places. Places. Landholding Agency: VA Bldg. 140, VAMC Property Number: 97200310008 Bldg. 1 East 38th Street Status: Unutilized Marion Co: Grant IN 46952– N. Indiana Health Care System Comment: 18,126 sq. ft., needs extensive Landholding Agency: VA Marion Co: Grant IN 46952– repairs, presence of asbestos, most Property Number: 97199230007 Landholding Agency: VA recent use—office. Status: Excess Property Number: 97200310001 Status: Unutilized Bldg. 122 Comment: 60 sq. ft., concrete block N. Indiana Health Care System bldg., most recent use—trash house. Comment: 20,287 sq. ft., needs extensive repairs, presence of asbestos, most Marion Co: Grant IN 46952– Bldg. 7 recent use—patient ward. Landholding Agency: VA VA Northern Indiana Health Care Property Number: 97200310009 System Bldg. 3 Status: Unutilized Marion Campus, 1700 East 38th Street N. Indiana Health Care System Comment: 37,135 sq. ft., needs extensive Marion Co: Grant IN 46953– Marion Co: Grant IN 46952– repairs, presence of asbestos, most Landholding Agency: VA Landholding Agency: VA recent use—dining hall/kitchen. Property Number: 97199810001 Property Number: 97200310002 Status: Underutilized Status: Unutilized Kansas Comment: 16,864 sq. ft., presence of Comment: 20,550 sq. ft., needs extensive Dwelling asbestos, most recent use—psychiatric repairs, presence of asbestos, most Admin Area ward, National Register of Historic recent use—patient ward. Wilson Lake Places. Bldg. 4 Sylvan Grove Co: KS 67481–
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 52862 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Landholding Agency: COE Butte Natl Guard Bldg. 302 Property Number: 31200440001 Butte Co: Silverbow MT 59701– Rome Lab Status: Excess Landholding Agency: COE Rome Co: Oneida NY 13441– Comment: 1600 sq. ft. residence, off-site Property Number: 31200040010 Landholding Agency: Air Force use only. Status: Unutilized Property Number: 18200340026 Dwelling Comment: 22799 sq. ft., presence of Status: Unutilized Admin Area asbestos, most recent use—cold Comment: 10288 sq. ft., presence of Wilson Lake storage, off-site use only. asbestos, most recent use— Sylvan Grove Co: KS 67481– Bldg. 2 communications facility. Landholding Agency: COE Butte Natl Guard Thaddeus J. Dulski Property Number: 31200440002 Butte Co: Silverbow MT 59701– Federal Building Status: Excess Landholding Agency: COE 111 West Huron Street Comment: 1600 sq. ft., storage, off-site Property Number: 31200040011 Buffalo Co: Erie NY 14202– use only. Status: Unutilized Landholding Agency: GSA Comment: 3292 sq. ft., most recent Kentucky Property Number: 54200530011 use—cold storage, off-site use only. Status: Excess Green River Lock & Dam #3 Bldg. 3 Comment: 17-story, 470,000 gross sq. ft., Rochester Co: Butler KY 42273– Butte Natl Guard presence of widespread asbestos, Location: SR 70 west from Morgantown, Butte Co: Silverbow MT 59701– abatement recommended. KY., approximately 7 miles to site. Landholding Agency: COE GSA Number: 1–G–NY–0911. Landholding Agency: COE Property Number: 31200040012 Bldg. 3 Property Number: 31199010022 Status: Unutilized VA Medical Center Status: Unutilized Comment: 964 sq. ft., most recent use— Batavia Co: Genesee NY 14020– Comment: 980 sq. ft.; 2 story wood cold storage, off-site use only. Landholding Agency: VA frame; two story residence; potential Bldg. 4 Property Number: 97200520001 utilities; needs major rehab. Butte Natl Guard Status: Unutilized Butte Co: Silverbow MT 59701– Minnesota Comment: 5840 sq. ft., needs rehab, Landholding Agency: COE presence of asbestos, most recent Lakes Project Office Property Number: 31200040013 307 Main Street East Status: Unutilized use—offices, eligible for Natl Register Remer Co: Cass MN Comment: 72 sq. ft., most recent use— of Historic Places. Landholding Agency: GSA cold storage, off-site use only. Ohio Property Number: 54200410015 Bldg. 5 Barker Historic House Status: Surplus Butte Natl Guard Comment: Office bldg/oil shed/ Willow Island Locks and Dam Butte Co: Silverbow MT 59701– Newport Co: Washington OH 45768– maintenance garage, minor water Landholding Agency: COE 9801 damage. Property Number: 31200040014 Location: Located at lock site, GSA Number: 5–D–MN–548–A Status: Unutilized Comment: 1286 sq. ft., most recent downstream of lock and dam Missouri use—cold storage, off-site use only. structure Bldgs. 90A/B, 91A/B, 92A/B Landholding Agency: COE Jefferson Barracks Housing New York Property Number: 31199120018 Status: Unutilized St. Louis MO 63125– Bldg. 240 Comment: 1600 sq. ft. bldg. with 1⁄2 acre Landholding Agency: Air Force Rome Lab of land, 2 story brick frame, needs Property Number: 18200220002 Rome Co: Oneida NY 13441– Status: Excess Landholding Agency: Air Force rehab, on Natl Register of Historic Comment: 6450 sq. ft., needs repair, Property Number: 18200340023 Places, no utilities, off-site use only. includes 2 acres. Status: Unutilized Structure Trailer Comment: 39108 sq. ft., presence of Deer Creek Lake Gasconade Harbor Facility asbestos, most recent use—Electronic Mt. Sterling Co: Pickaway OH 43143– Gasconade Co: MO 65036– Research Lab. Landholding Agency: COE Landholding Agency: COE Bldg. 247 Property Number: 31200530001 Property Number: 31200430002 Rome Lab Status: Unutilized Status: Unutilized Rome Co: Oneida NY 13441– Comment: 1321 sq. ft., brick, off-site use Comment: 55 ft. x 12 ft., most recent Landholding Agency: Air Force only. use—office, off-site use only. Property Number: 18200340024 Bldg. 402 Social Security Building Status: Unutilized VA Medical Center 806 N. Jefferson Comment: 13199 sq. ft., presence of Dayton Co: Montgomery OH 45428– Springfield Co: Greene MO 65802– asbestos, most recent use—Electronic Landholding Agency: VA Landholding Agency: GSA Research Lab. Property Number: 97199920004 Property Number: 54200530006 Bldg. 248 Status: Unutilized Status: Excess Rome Lab Comment: 4 floors, potential utilities, Comment: 17,346 sq. ft., needs repair, Rome Co: Oneida NY 13441– needs major rehab, presence of possible asbestos/lead paint, to be Landholding Agency: Air Force asbestos/lead paint, historic property. vacant approx. 12/2006. Property Number: 18200340025 Pennsylvania GSA Number: 7–G–MO–0675 Status: Unutilized Comment: 4000 sq. ft., presence of Mahoning Creek Reservoir Montana asbestos, most recent use—Electronic New Bethlehem Co: Armstrong PA Bldg. 1 Research Lab. 16242–
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52863
Landholding Agency: COE Landholding Agency: COE Property Number: 18200430011 Property Number: 31199210008 Property Number: 31199740006 Status: Excess Status: Unutilized Status: Excess Comment: 1624 sq. ft., needs extensive Comment: 1015 sq. ft., 2 story brick Comment: 1996 sq. ft., most recent repair, presence of asbestos/lead residence, off-site use only. use—residential, good condition, off- paint, most recent use—residential, Dwelling site use only. off-site use only. Lock & Dam 6, Allegheny River, 1260 Dwelling #2 6 Bldgs. River Rd. Loyalhanna Lake Hunley Park/Charleston AFB Freeport Co: Armstrong PA 16229–2023 Saltsburg Co: Westmoreland PA 15681– N. Charleston Co: SC 29404– Landholding Agency: COE 9302 Location: 3510, 3514, 3517, 3528, 3533, Property Number: 31199620008 Landholding Agency: COE 3538 Status: Unutilized Property Number: 31199740007 Landholding Agency: Air Force Comment: 2652 sq. ft., 3-story brick Status: Excess Property Number: 18200430012 house, in close proximity to Lock and Comment: 1996 sq. ft., most recent Status: Excess Dam, available for interim use for use—residential, good condition, off- Comment: 1684 sq. ft., needs extensive nonresidential purposes. site use only. repair, presence of asbestos/lead Govt. Dwelling Dwelling #1 paint, most recent use—residential, Youghiogheny River Lake Woodcock Creek Lake off-site use only. Confluence Co: Fayette PA 15424–9103 Saegertown Co: Crawford PA 16433– Bldg. 3601 Landholding Agency: COE 0629 Hunley Park/Charleston AFB Property Number: 31199640002 Landholding Agency: COE N. Charleston Co: SC 29404– Status: Unutilized Property Number: 31199740008 Landholding Agency: Air Force Comment: 1421 sq. ft., 2-story brick w/ Status: Excess Property Number: 18200430013 basement, most recent use— Comment: 2106 sq. ft., most recent Status: Excess residential. use—residential, good condition, off- Comment: 1902 sq. ft., needs extensive Dwelling site use only. repair, presence of asbestos/lead Lock & Dam 4, Allegheny River Dwelling #2 paint, most recent use—residential, Natrona Co: Allegheny PA 15065–2609 Lock & Dam 6, 1260 River Road off-site use only. Landholding Agency: COE Freeport Co: Armstrong PA 16229–2023 5 Bldgs. Property Number: 31199710009 Landholding Agency: COE Hunley Park/Charleston AFB Status: Unutilized Property Number: 31199740009 N. Charleston Co: SC 29404– Status: Excess Comment: 1664 sq. ft., 2-story brick Location: 3524, 3603, 3605, 3607, 3608 Comment: 2652 sq. ft., most recent residence, needs repair, off-site use Landholding Agency: Air Force use—residential, good condition, off- only. Property Number: 18200430014 site use only. Dwelling #1 Status: Excess Crooked Creek Lake Dwelling #2 Comment: 1788 sq. ft., needs extensive Ford City Co: Armstrong PA 16226– Youghiogheny River Lake repair, presence of asbestos/lead 8815 Confluence Co: Fayette PA 15424–9103 paint, most recent use—residential, Landholding Agency: COE Landholding Agency: COE off-site use only. Property Number: 31199830003 Property Number: 31199740002 5 Bldgs. Status: Excess Status: Excess Comment: 1421 sq. ft., 2-story + Hunley Park/Charleston AFB Comment: 2030 sq. ft., most recent Unit Type 4J use—residential, good condition, off- basement, most recent use— residential. N. Charleston Co: SC 29404– site use only. Landholding Agency: Air Force Dwelling #2 Residence A Property Number: 18200430022 2045 Pohopoco Drive Crooked Creek Lake Status: Excess Lehighton Co: Carbon PA 18235– Ford City Co: Armstrong PA 16226– Comment: 3423 sq. ft., needs extensive Landholding Agency: COE 8815 repair, presence of asbestos/lead Property Number: 31200410007 Landholding Agency: COE paint, most recent use—residential, Status: Unutilized Property Number: 31199740003 Comment: 1200 sq. ft., presence of off-site use only. Status: Excess asbestos, off-site use only. 7 Bldgs. Comment: 3045 sq. ft., most recent Bldg. 3, VAMC Charleston AFB use—residential, good condition, off- Floor Plan 1 site use only. 1700 South Lincoln Avenue Lebanon Co: Lebanon PA 17042– N. Charleston Co: SC 29404–4827 Govt Dwelling Landholding Agency: VA Landholding Agency: Air Force East Branch Lake Property Number: 97199230012 Property Number: 18200430023 Wilcox Co: Elk PA 15870–9709 Status: Underutilized Status: Excess Landholding Agency: COE Comment: portion of bldg. (4046 sq. ft.), Comment: 2135 sq. ft., presence of Property Number: 31199740005 most recent use—storage, second asbestos/lead paint, most recent use— Status: Underutilized floor—lacks elevator access. residential, off-site use only. Comment: approx. 5299 sq. ft., 1-story, 11 Bldgs. most recent use—residence, off-site South Carolina Charleston AFB use only. 24 Bldgs. Floor Plan 4AR Dwelling #1 Hunley Park/Charleston AFB N. Charleston Co: SC 29404– Loyalhanna Lake Idaho Ave., Unit Type 3S Landholding Agency: Air Force Saltsburg Co: Westmoreland PA 15681– N. Charleston Co: SC 29404–4827 Property Number: 18200430024 9302 Landholding Agency: Air Force Status: Excess
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 52864 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Comment: 2652 sq. ft., presence of Location: 2346, 2354, 2363, 2382, 2389, 7 Bldgs. asbestos/lead paint, most recent use— 2396 Charleston AFB residential, off-site use only. Landholding Agency: Air Force Floor Plan E6 4 Bldgs. Property Number: 18200430031 N. Charleston Co: SC 29204– Charleston AFB Status: Excess Landholding Agency: Air Force N. Charleston Co: SC 29404– Comment: 1394 sq. ft., presence of Property Number: 18200430040 Location: 2314A/B, 2327A/B, 2339A/B, asbestos/lead paint, most recent use— Status: Excess Comment: 1249 sq. ft., presence of 2397A/B residential, off-site use only. asbestos/lead paint, most recent use— Landholding Agency: Air Force 15 Bldgs. residential, off-site use only. Property Number: 18200430025 Charleston AFB Status: Excess Floor Plan 6A 11 Bldgs. Comment: 2722 sq. ft., presence of N. Charleston Co: SC 29404– Charleston AFB asbestos/lead paint, most recent use— Landholding Agency: Air Force Floor Plan F6 residential, off-site use only. Property Number: 18200430032 N. Charleston Co: SC 29404– Landholding Agency: Air Force 5 Bldgs. Status: Excess Property Number: 18200430041 Charleston AFB Comment: 1378 sq. ft., presence of Status: Excess N. Charleston Co: SC 29404– asbestos/lead paint, most recent use— Comment: 1249 sq. ft., presence of Location: 2311A/B, 2322A/B, 2329A/B, residential, off-site use only. asbestos/lead paint, most recent use— 2385A/B, 2399A/B 12 Bldgs. residential, off-site use only. Landholding Agency: Air Force Charleston AFB Property Number: 18200430026 11 Bldgs. Floor Plan 6B Charleston AFB Status: Excess N. Charleston Co: SC 29404– Floor Plan G6 Comment: 2642 sq. ft., presence of Landholding Agency: Air Force N. Charleston Co: SC 29404– asbestos/lead paint, most recent use— Property Number: 18200430033 Landholding Agency: Air Force residential, off-site use only. Status: Excess Property Number: 18200430042 4 Bldgs. Comment: 1387 sq. ft., presence of Status: Excess Charleston AFB asbestos/lead paint, most recent use— Comment: 1390 sq. ft., presence of N. Charleston Co: SC 29404– residential, off-site use only. asbestos/lead paint, most recent use— Location: 2315A/B, 2323A/B, 2330A/B, 13 Bldgs. residential, off-site use only. 2387A/B Charleston AFB 9 Bldgs. Landholding Agency: Air Force Floor Plan 1–1 Charleston AFB Property Number: 18200430027 N. Charleston Co: SC 29404– Floor Plan GV Status: Excess Landholding Agency: Air Force N. Charleston Co: SC 29404– Comment: 2756 sq. ft., presence of Property Number: 18200430034 Landholding Agency: Air Force asbestos/lead paint, most recent use— Status: Excess Property Number: 18200430043 residential, off-site use only. Comment: 2305 sq. ft., presence of Status: Excess 3 Bldgs. asbestos/lead paint, most recent use— Comment: 1390 sq. ft., presence of Charleston AFB residential, off-site use only. asbestos/lead paint, most recent use— N. Charleston Co: SC 29404– Bldg. 2377 residential, off-site use only. Location: 2321A/B, 2326A/B, 2336A/B Charleston AFB 8 Bldgs. Landholding Agency: Air Force N. Charleston Co: SC 29404– Charleston AFB Property Number: 18200430028 Landholding Agency: Air Force Floor Plan H6 Status: Excess Property Number: 18200430035 N. Charleston Co: SC 29404– Comment: 2766 sq. ft., presence of Status: Excess Landholding Agency: Air Force Property Number: 18200430044 asbestos/lead paint, most recent use— Comment: 1662 sq. ft., presence of Status: Excess residential, off-site use only. asbestos/lead paint, most recent use— Comment: 1396 sq. ft., presence of Bldg. 2331A/B residential, off-site use only. asbestos/lead paint, most recent use— Charleston AFB 10 Bldgs. residential, off-site use only. N. Charleston Co: SC 29494– Charleston AFB Landholding Agency: Air Force Bldgs. 1841A/B, 1849A/B Floor Plan D6 Charleston AFB Property Number: 18200430029 N. Charleston Co: SC 29204– Status: Excess N. Charleston Co: SC 29404– Landholding Agency: Air Force Landholding Agency: Air Force Comment: 2803 sq. ft., presence of Property Number: 18200430036 Property Number: 18200430045 asbestos/lead paint, most recent use— Status: Excess Status: Excess residential, off-site use only. Comment: 1241 sq. ft., presence of Comment: 2249 sq. ft., presence of Bldg. 2341A/B asbestos/lead paint, most recent use— asbestos/lead paint, most recent use— Charleston AFB residential, off-site use only. residential, off-site use only. N. Charleston Co: SC 29404– 7 Bldgs. 9 Bldgs. Landholding Agency: Air Force Charleston AFB Charleston AFB Property Number: 18200430030 Floor Plan DIV Floor Plan I6 Status: Excess N. Charleston Co: SC 29404– N. Charleston Co: SC 29404– Comment: 2715 sq. ft., presence of Landholding Agency: Air Force Landholding Agency: Air Force asbestos/lead paint, most recent use— Property Number: 18200430038 Property Number: 18200430046 residential, off-site use only. Status: Excess Status: Excess 6 Bldgs. Comment: 1250 sq. ft., presence of Comment: 1400 sq. ft., presence of Charleston AFB asbestos/lead paint, most recent use— asbestos/lead paint, most recent use— N. Charleston Co: SC 29404– residential, off-site use only. residential, off-site use only.
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52865
7 Bldgs. South Dakota VA Medical Center Charleston AFB West Communications Annex County Highway E Floor Plan IV Ellsworth Air Force Base Tomah Co: Monroe WI 54660– N. Charleston Co: SC 29404– Ellsworth AFB Co: Meade SD 57706– Landholding Agency: VA Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 97199010056 Property Number: 18200430047 Property Number: 18199340051 Status: Underutilized Status: Excess Status: Unutilized Comment: 2200 sq. ft., 2-story wood Comment: 1400 sq. ft., presence of Comment: 2 bldgs. on 2.37 acres, remote frame, possible asbestos, potential asbestos/lead paint, most recent use— area, lacks infrastructure, road utilities, structural deficiencies, needs residential, off-site use only. hazardous during winter storms, most rehab. 4 Bldgs. recent use—industrial storage. Land (by State) Charleston AFB Residence, Tract 139 N. Charleston Co: SC 29404– 101 Laurel Avenue Alabama Location: 1846A/B, 1853A/B, 1862A/B, Oahe Dam/Lake Oahe Proj. VA Medical Center 2203A/B Pierre Co: SD 57501– Landholding Agency: Air Force VAMC Landholding Agency: COE Tuskegee Co: Macon AL 36083– Property Number: 18200430048 Property Number: 31200520008 Status: Excess Landholding Agency: VA Status: Excess Property Number: 97199010053 Comment: 2363 sq. ft., presence of Comment: 996 sq. ft., off-site use only. Status: Underutilized asbestos/lead paint, most recent use— Residence, Tract 302 residential, off-site use only. Comment: 40 acres, buffer to VA 107 E. Main Street Medical Center, potential utilities, 40 Bldgs. Oahe Dam/Lake Oahe Proj. undeveloped. Charleston AFB Pierre Co: SD 57532– Floor Plan 2A Landholding Agency: COE Arkansas N. Charleston Co: SC 29404– Property Number: 31200520009 Parcel 01 Landholding Agency: Air Force Status: Excess DeGray Lake Property Number: 18200430049 Comment: 1096 sq. ft., off-site use only. Status: Excess Section 12 Residence, Tract 525 Arkadelphia Co: Clark AR 71923–9361 Comment: 2387 sq. ft., presence of 108 East 7th Ave. asbestos/lead paint, most recent use— Landholding Agency: COE Oahe Dam/Lake Oahe Proj. Property Number: 31199010071 residential, off-site use only. Pierre Co: SD 57532– Status: Unutilized Bldg. 1765A/B Landholding Agency: COE Charleston AFB Property Number: 31200520010 Comment: 77.6 acres. N. Charleston Co: SC 29404– Status: Excess Parcel 02 Landholding Agency: Air Force Comment: 1568 sq. ft., off-site use only. DeGray Lake Property Number: 18200430050 Section 13 Status: Excess Virginia Arkadelphia Co: Clark AR 71923–9361 Comment: 2558 sq. ft., presence of Metal Bldg. Landholding Agency: COE asbestos/lead paint, most recent use— John H. Kerr Dam & Reservoir Property Number: 31199010072 residential, off-site use only. Co: Boydton VA Status: Unutilized 42 Bldgs. Landholding Agency: COE Comment: 198.5 acres. Charleston AFB Property Number: 31199620009 Parcel 03 Floor Plan 2R Status: Excess DeGray Lake N. Charleston Co: SC 29404– Comment: 800 sq. ft., most recent use— Section 18 Landholding Agency: Air Force storage, off-site use only. Arkadelphia Co: Clark AR 71923–9361 Property Number: 18200430051 Washington Landholding Agency: COE Status: Excess Property Number: 31199010073 Comment: 2558 sq. ft., presence of INS Federal Building 815 Airport Way SO Status: Unutilized asbestos/lead paint, most recent use— Comment: 50.46 acres. residential, off-site use only. Seattle Co: King WA 98134– Landholding Agency: GSA Parcel 04 Bldg. 1828A/B Property Number: 54200530010 DeGray Lake Charleston AFB Status: Excess Section 24, 25, 30 and 31 N. Charleston Co: SC 29404– Comment: 9660 sq. ft., presence of Arkadelphia Co: Clark AR 71923–9361 Landholding Agency: Air Force asbestos/lead paint, historic property. Landholding Agency: COE Property Number: 18200430052 GSA Number: 9–G–WA–1226 Property Number: 31199010074 Status: Excess Status: Unutilized Comment: 2330 sq. ft., presence of West Virginia Comment: 236.37 acres. asbestos/lead paint, most recent use— Army Reserve Center residential, off-site use only. Parcel 05 4200 Emerson Ave. DeGray Lake 3 Bldgs. Parkersburg Co: Wood WV 21203– Section 16 Charleston AFB Landholding Agency: GSA Arkadelphia Co: Clark AR 71923–9361 N. Charleston Co: SC 29404– Property Number: 54200530009 Location: 2309A/B, 2320A/B, 2335A/B Status: Excess Landholding Agency: COE Landholding Agency: Air Force Comment: 28,880 sq. ft., current tenant Property Number: 31199010075 Property Number: 18200430053 will vacate. Status: Unutilized Status: Excess GSA Number: 4–D–WV–550 Comment: 187.30 acres. Comment: 2766 sq. ft., presence of Parcel 06 asbestos/lead paint, most recent use— Wisconsin DeGray Lake residential, off-site use only. Bldg. 8 Section 13
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 52866 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Arkadelphia Co: Clark AR 71923–9361 Access Site off Rt. 50 Landholding Agency: COE Landholding Agency: COE Lawrenceburg Co: IN Property Number: 31199010027 Property Number: 31199010076 Landholding Agency: GSA Status: Excess Status: Unutilized Property Number: 54200430022 Comment: 3.59 acres; rolling and Comment: 13.0 acres. Status: Excess wooded; no utilities. Parcel 07 Comment: 8.45 acres, boat launch, Tract 2800 DeGray Lake flowage easement. Barkley Lake, Kentucky and Tennessee Section 34 GSA Number: 1–D–IN–571–C Cadiz Co: Trigg KY 42211– Arkadelphia Co: Hot Spring AR 71923– Patriot Boat Ramp Location: 41⁄2 miles in a southeasterly 9361 Rt 156 direction from the village of Landholding Agency: COE Switzerland Co: IN Rockcastle. Property Number: 31199010077 Landholding Agency: GSA Landholding Agency: COE Status: Unutilized Property Number: 54200440009 Property Number: 31199010028 Comment: 0.27 acres. Status: Excess Status: Excess Parcel 08 Comment: 34.11 acres, parking and boat Comment: 5.44 acres; steep and DeGray Lake launch, flowage easement. wooded. Section 13 GSA Number: 1–D–IN–571–B Tract 2915 Arkadelphia Co: Clark AR 71923–9361 Iowa Barkley Lake, Kentucky and Tennessee Landholding Agency: COE Cadiz Co: Trigg KY 42211– Property Number: 31199010078 40.66 acres Location: 61⁄2 miles west of Cadiz. Status: Unutilized VA Medical Center 1515 West Pleasant Landholding Agency: COE Comment: 14.6 acres. St. Property Number: 31199010029 Parcel 09 Knoxville Co: Marion IA 50138– Status: Excess DeGray Lake Landholding Agency: VA Comment: 5.76 acres; steep and Section 12 Property Number: 97199740002 wooded; no utilities. Arkadelphia Co: Hot Spring AR 71923– Status: Unutilized Tract 2702 9361 Comment: Golf course, easement Barkley Lake, Kentucky and Tennessee Landholding Agency: COE requirements. Cadiz Co: Trigg KY 42211– Property Number: 31199010079 Kansas Location: 1 mile in a southerly direction Status: Unutilized from the village of Rockcastle. Parcel 1 Comment: 6.60 acres. Landholding Agency: COE El Dorado Lake Parcel 10 Property Number: 31199010031 Section 13, 24, and 18 (See County) Co: DeGray Lake Status: Excess Butler KS Section 12 Comment: 4.90 acres; wooded; no Landholding Agency: COE Arkadelphia Co: Hot Spring AR 71923– utilities. Property Number: 31199010064 9361 Tract 4318 Landholding Agency: COE Status: Unutilized Barkley Lake, Kentucky and Tennessee Property Number: 31199010080 Comment: 61 acres; most recent use— Canton Co: Trigg KY 42212– Status: Unutilized recreation. Location: Trigg Co. adjoining the city of Comment: 4.5 acres. Kentucky Canton, KY. on the waters of Hopson Parcel 11 Tract 2625 Creek. DeGray Lake Landholding Agency: COE Section 19 Barkley Lake, Kentucky, and Tennessee Cadiz Co: Trigg KY 42211– Property Number: 31199010032 Arkadelphia Co: Hot Spring AR 71923– Status: Excess 9361 Location: Adjoining the village of Rockcastle. Comment: 8.24 acres; steep and Landholding Agency: COE wooded. Property Number: 31199010081 Landholding Agency: COE Status: Unutilized Property Number: 31199010025 Tract 4502 Comment: 19.50 acres. Status: Excess Barkley Lake, Kentucky and Tennessee Comment: 2.57 acres; rolling and Canton Co: Trigg KY 42212– Lake Greeson wooded. Location: 31⁄2 miles in a southerly Section 7, 8 and 18 direction from Canton, KY. Murfreesboro Co: Pike AR 71958–9720 Tract 2709–10 and 2710–2 Landholding Agency: COE Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Property Number: 31199010033 Property Number: 31199010083 Cadiz Co: Trigg KY 42211– 1 Status: Excess Status: Unutilized Location: 2 ⁄2 miles in a southerly Comment: 4.26 acres; steep and Comment: 46 acres. direction from the village of Rockcastle. wooded. California Landholding Agency: COE Tract 4611 Land 4150 Clement Street Property Number: 31199010026 Barkley Lake, Kentucky and Tennessee San Francisco Co: San Francisco CA Status: Excess Canton Co: Trigg KY 42212– 94121– Comment: 2.00 acres; steep and Location: 5 miles south of Canton, KY. Landholding Agency: VA wooded. Landholding Agency: COE Property Number: 97199240001 Tract 2708–1 and 2709–1 Property Number: 31199010034 Status: Underutilized Barkley Lake, Kentucky and Tennessee Status: Excess Comment: 4 acres; landslide area. Cadiz Co: Trigg KY 42211– Comment: 10.51 acres; steep and Location: 21⁄2 miles in a southerly wooded; no utilities. Indiana direction from the village of Tract 4619 Tanner’s Creek Rockcastle. Barkley Lake, Kentucky and Tennessee
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52867
Canton Co: Trigg KY 42212– Tract 2005 Status: Excess Location: 41⁄2 miles south from Canton, Barkley Lake, Kentucky and Tennessee Comment: 1.26 acres; steep and KY. Eddyville Co: Lyon KY 42030– wooded; no utilities. Landholding Agency: COE Location: Approximately 51⁄2 miles east Tracts 306, 311, 315 and 325 Property Number: 31199010035 of Eddyville, KY. Barkley Lake, Kentucky and Tennessee Status: Excess Landholding Agency: COE Grand Rivers Co: Lyon KY 42045– Comment: 2.02 acres; steep and Property Number: 31199010048 Location: 2.5 miles southwest of wooded; no utilities. Status: Excess Kuttawa, KY. on the waters of Cypress Tract 4817 Comment: 4.62 acres; steep and Creek. Barkley Lake, Kentucky and Tennessee wooded; no utilities. Landholding Agency: COE Canton Co: Trigg KY 42212– Tract 2307 Property Number: 31199010055 Location: 61⁄2 miles south of Canton, Barkley Lake, Kentucky and Tennessee Status: Excess KY. Eddyville Co: Lyon KY 42030– Comment: 38.77 acres; steep and Landholding Agency: COE Location: Approximately 71⁄2 miles wooded; no utilities. Property Number: 31199010036 southeasterly of Eddyville, KY. Tracts 2305, 2306, and 2400–1 Status: Excess Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Comment: 1.75 acres; wooded. Property Number: 31199010049 Eddyville Co: Lyon KY 42030– Tract 1217 Status: Excess Location: 61⁄2 miles southeasterly of Barkley Lake, Kentucky and Tennessee Comment: 11.43 acres; steep; rolling and Eddyville, KY. Eddyville Co: Lyon KY 42030– wooded; no utilities. Landholding Agency: COE Location: On the north side of the Tract 2403 Property Number: 31199010056 Illinois Central Railroad. Barkley Lake, Kentucky and Tennessee Status: Excess Landholding Agency: COE Eddyville Co: Lyon KY 42030– Comment: 97.66 acres; steep rolling and Property Number: 31199010042 Location: 7 miles southeasterly of wooded; no utilities. Status: Excess Eddyville, KY. Tracts 5203 and 5204 Comment: 5.80 acres; steep and Landholding Agency: COE Barkley Lake, Kentucky and Tennessee wooded. Property Number: 31199010050 Linton Co: Trigg KY 42212– Tract 1906 Status: Excess Location: Village of Linton, KY state Barkley Lake, Kentucky and Tennessee Comment: 1.56 acres; steep and highway 1254. Eddyville Co: Lyon KY 42030– wooded; no utilities. Landholding Agency: COE Location: Approximately 4 miles east of Tract 2504 Property Number: 31199010058 Eddyville, KY. Barkley Lake, Kentucky and Tennessee Status: Excess Landholding Agency: COE Eddyville Co: Lyon KY 42030– Comment: 0.93 acres; rolling, partially Property Number: 31199010044 Location: 9 miles southeasterly of wooded; no utilities. Status: Excess Eddyville, KY. Tract 5240 Comment: 25.86 acres; rolling steep and Landholding Agency: COE Barkley Lake, Kentucky and Tennessee partially wooded; no utilities. Property Number: 31199010051 Linton Co: Trigg KY 42212– Tract 1907 Status: Excess Location: 1 mile northwest of Linton, Barkley Lake, Kentucky and Tennessee Comment: 24.46 acres; steep and KY. Eddyville Co: Lyon KY 42038– wooded; no utilities. Landholding Agency: COE Location: On the waters of Pilfen Creek, Tract 214 Property Number: 31199010059 4 miles east of Eddyville, KY Barkley Lake, Kentucky and Tennessee Status: Excess Landholding Agency: COE Grand Rivers Co: Lyon KY 42045– Comment: 2.26 acres; steep and Property Number: 31199010045 Location: South of the Illinois Central wooded; no utilities. Status: Excess Railroad, 1 mile east of the Tract 4628 Comment: 8.71 acres; rolling steep and Cumberland River. Barkley Lake, Kentucky and Tennessee wooded; no utilities. Landholding Agency: COE Canton Co: Trigg KY 42212– Tract 2001 #1 Property Number: 31199010052 Location: 41⁄2 miles south from Canton, Barkley Lake, Kentucky and Tennessee Status: Excess KY. Eddyville Co: Lyon KY 42030– Comment: 5.5 acres; wooded; no Landholding Agency: COE Location: Approximately 41⁄2 miles east utilities. Property Number: 31199011621 of Eddyville, KY. Tract 215 Status: Excess Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Comment: 3.71 acres; steep and Property Number: 31199010046 Grand Rivers Co: Lyon KY 42045– wooded; subject to utility easements. Status: Excess Location: 5 miles southwest of Kuttawa Tract 4619–B Comment: 47.42 acres; steep and Landholding Agency: COE Barkley Lake, Kentucky and Tennessee wooded; no utilities. Property Number: 31199010053 Canton Co: Trigg KY 42212– Tract 2001 #2 Status: Excess Location: 41⁄2 miles south from Canton, Barkley Lake, Kentucky and Tennessee Comment: 1.40 acres; wooded; no KY. Eddyville Co: Lyon KY 42030– utilities. Landholding Agency: COE Location: Approximately 41⁄2 miles east Tract 241 Property Number: 31199011622 of Eddyville, KY. Barkley Lake, Kentucky and Tennessee Status: Excess Landholding Agency: COE Grand Rivers Co: Lyon KY 42045– Comment: 1.73 acres; steep and Property Number: 31199010047 Location: Old Henson Ferry Road, 6 wooded; subject to utility easements. Status: Excess miles west of Kuttawa, KY. Tract 2403–B Comment: 8.64 acres; steep and Landholding Agency: COE Barkley Lake, Kentucky and Tennessee wooded; no utilities. Property Number: 31199010054 Eddyville Co: Lyon KY 42038–
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 52868 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Location: 7 miles southeasterly from Property Number: 31200240001 Grenada Co: Grenada MS 38901–0903 Eddyville, KY. Status: Unutilized Landholding Agency: COE Landholding Agency: COE Comment: 0.64 acres, encroachments, Property Number: 31199011023 Property Number: 31199011623 most recent use—flood control Status: Underutilized Status: Unutilized purposes. Comment: 60 acres; no utilities; most Comment: 0.70 acres, wooded; subject recent use—wildlife and forestry Louisiana to utility easements. management. Tract 241–B Wallace Lake Dam and Reservoir Parcel 3 Barkley Lake, Kentucky and Tennessee Shreveport Co: Caddo LA 71103– Grenada Lake Grand Rivers Co: Lyon KY 42045– Landholding Agency: COE Section 4, T23N, R5E Location: South of Old Henson Ferry Property Number: 31199011009 Grenada Co: Yalobusha MS 38901–0903 Road, 6 miles west of Kuttawa, KY. Status: Unutilized Landholding Agency: COE Comment: 10.81 acres; wildlife/forestry; Landholding Agency: COE Property Number: 31199011024 no utilities. Property Number: 31199011624 Status: Underutilized Status: Excess Bayou Bodcau Dam and Reservoir Comment: 120 acres; no utilities; most Comment: 11.16 acres; steep and Haughton Co: Caddo LA 71037–9707 recent use—wildlife and forestry wooded; subject to utility easements. Location: 35 miles Northeast of management; (13.5 acres/agriculture Tracts 212 and 237 Shreveport, La. lease). Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Parcel 4 Property Number: 31199011010 Grand Rivers Co: Lyon KY 42045– Grenada Lake Status: Unutilized Location: Old Henson Ferry Road, 6 Section 2 and 3. T23N, R5E Comment: 203 acres; wildlife/forestry; miles west of Kuttawa, KY. Grenada Co: Yalobusha MS 38901–0903 no utilities. Landholding Agency: COE Landholding Agency: COE Property Number: 31199011625 Mississippi Property Number: 31199011025 Status: Excess Parcel 7 Status: Underutilized Comment: 2.44 acres; steep and Grenada Lake Comment: 60 acres; no utilities; most wooded; subject to utility easements. Sections 22, 23, T24N recent use—wildlife and forestry Tract 215–B Grenada Co: Yalobusha MS 38901–0903 management. Barkley Lake, Kentucky and Tennessee Landholding Agency: COE Parcel 5 Grand Rivers Co: Lyon KY 42045– Property Number: 31199011019 Grenada Lake Location: 5 miles southwest of Kuttawa Status: Underutilized Section 7, T24N, R6E Landholding Agency: COE Comment: 100 acres; no utilities; Grenada Co: Yalobusha MS 38901–0903 Property Number: 31199011626 intermittently used under lease— Landholding Agency: COE Status: Excess expires 1994. Property Number: 31199011026 Comment: 1.00 acres; wooded; subject Parcel 8 Status: Underutilized to utility easements. Grenada Lake Comment: 20 acres; no utilities; most Tract 233 Section 20, T24N recent use—wildlife and forestry Barkley Lake, Kentucky and Tennessee Grenada Co: Yalobusha MS 38901–0903 management; (14 acres/agriculture Grand Rivers Co: Lyon KY 42045– Landholding Agency: COE lease). Location: 5 miles southwest of Kuttawa Property Number: 31199011020 Parcel 6 Landholding Agency: COE Status: Underutilized Grenada Lake Property Number: 31199011627 Comment: 30 acres; no utilities; Section 9, T24N, R6E Status: Excess intermittently used under lease— Grenada Co: Yalobusha MS 38903–0903 Comment: 1.00 acres; wooded; subject expires 1994. Landholding Agency: COE to utility easements. Parcel 9 Property Number: 31199011027 Tract N–819 Grenada Lake Status: Underutilized Dale Hollow Lake & Dam Project Section 20, T24N, R7E Comment: 80 acres; no utilities; most Illwill Creek, Hwy 90 Grenada Co: Yalobusha MS 38901–0903 recent use—wildlife and forestry Hobart Co: Clinton KY 42601– Landholding Agency: COE management. Landholding Agency: COE Property Number: 31199011021 Parcel 11 Property Number: 31199140009 Status: Underutilized Grenada Lake Status: Underutilized Comment: 23 acres; no utilities; Section 20, T24N, R8E Comment: 91 acres, most recent use— intermittently used under lease— Grenada Co: Calhoun MS 38901–0903 hunting, subject to existing expires 1994. Landholding Agency: COE easements. Parcel 10 Property Number: 31199011028 Portion of Lock & Dam No. 1 Grenada Lake Status: Underutilized Kentucky River Sections 16, 17, 18 T24N R8E Comment: 30 acres; no utilities; most Carrolton Co: Carroll KY 41008–0305 Grenada Co: Calhoun MS 38901–0903 recent use—wildlife and forestry Landholding Agency: COE Landholding Agency: COE management. Property Number: 31199320003 Property Number: 31199011022 Parcel 12 Status: Unutilized Status: Underutilized Grenada Lake Comment: approx. 3.5 acres (sloping), Comment: 490 acres; no utilities; Section 25, T24N, R7E access monitored. intermittently used under lease— Grenada Co: Yalobusha MS 38390– Tract No. F–610 expires 1994. 10903 Buckhorn Lake Project Parcel 2 Landholding Agency: COE Buckhorn KY 41721– Grenada Lake Property Number: 31199011029 Landholding Agency: COE Section 20 and T23N, R5E Status: Underutilized
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52869
Comment: 30 acres; no utilities; most Grenada Co: Grenada MS 38901–0903 Property Number: 31199011011 recent use—wildlife and forestry Landholding Agency: COE Status: Unutilized management. Property Number: 31199011036 Comment: 7.59 acres; potential for Parcel 13 Status: Underutilized utilities. Grenada Lake Comment: 20 acres; no utilities; most Portion of Tract L–21A Section 34, T24N, R7E recent use—wildlife and forestry Crooked Creek Lake, LR 03051 Grenada Co: Yalobusha MS 38903–0903 management. Ford City Co: Armstrong PA 16226– Landholding Agency: COE Missouri Landholding Agency: COE Property Number: 31199011030 Property Number: 31199430012 Status: Underutilized Harry S Truman Dam & Reservoir Status: Unutilized Comment: 35 acres; no utilities; most Warsaw Co: Benton MO 65355– Comment: Approximately 1.72 acres of recent use—wildlife and forestry Location: Triangular shaped parcel undeveloped land, subject to gas management; (11 acres/agriculture southwest of access road ‘‘B’’, part of rights. lease). Bledsoe Ferry Park Tract 150. Landholding Agency: COE South Dakota Parcel 14 Property Number: 31199030014 S. Nike Ed. Annex Land Grenada Lake Status: Underutilized Ellsworth AFB Section 3, T23N, R6E Comment: 1.7 acres; potential utilities. Pennington SD 57706– Grenada Co: Yalobusha MS 38901–0903 Landholding Agency: Air Force Landholding Agency: COE Ohio Property Number: 18200220010 Property Number: 31199011031 Plats 9–72, 9–73 Status: Unutilized Status: Underutilized Davis Street Comment: 7 acres w/five foundations Comment: 15 acres; no utilities; most Niles Co: OH 44446– from demolished bldgs. remain on recent use—wildlife and forestry Landholding Agency: GSA site; with a road and a parking lot. management. Property Number: 54200530007 Parcel 15 Status: Excess Tennessee Grenada Lake Comment: 12,082 sq. ft., narrow right of Tract 6827 Section 4, T24N, R6E way, no utilities. Barkley Lake Grenada Co: Yalobusha MS 38901–0903 GSA Number: 1–1–OH–826 Dover Co: Stewart TN 37058– Landholding Agency: COE Oklahoma Location: 21⁄2 miles west of Dover, TN. Property Number: 31199011032 Landholding Agency: COE Status: Underutilized Pine Creek Lake Property Number: 31199010927 Comment: 40 acres; no utilities; most Section 27 Status: Excess recent use—wildlife and forestry (See County) Co: McCurtain OK Comment: .57 acres; subject to existing management. Landholding Agency: COE easements. Property Number: 31199010923 Parcel 16 Status: Unutilized Tracts 6002–2 and 6010 Grenada Lake Comment: 3 acres; no utilities; subject to Barkley Lake Section 9, T23N, R6E right of way for Oklahoma State Dover Co: Stewart TN 37058– 1 Grenada Co: Yalobusha MS 38901–0903 Highway 3. Location: 3 ⁄2 miles south of village of Landholding Agency: COE Tabaccoport. Property Number: 31199011033 Pennsylvania Landholding Agency: COE Status: Underutilized Mahoning Creek Lake Property Number: 31199010928 Comment: 70 acres; no utilities; most New Bethlehem Co: Armstrong PA Status: Excess recent use—wildlife and forestry 16242–9603 Comment: 100.86 acres; subject to management. Location: Route 28 north to Belknap, existing easements. Parcel 17 Road #4 Tract 11516 Grenada Lake Landholding Agency: COE Barkley Lake Section 17, T23N, R7E Property Number: 31199010018 Ashland City Co: Dickson TN 37015– Grenada Co: Grenada MS 28901–0903 Status: Excess Location: 1⁄2 mile downstream from Landholding Agency: COE Comment: 2.58 acres; steep and densely Cheatham Dam Property Number: 31199011034 wooded. Landholding Agency: COE Status: Underutilized Tracts 610, 611, 612 Property Number: 31199010929 Comment: 35 acres; no utilities; most Shenango River Lake Status: Excess recent use—wildlife and forestry Sharpsville Co: Mercer PA 16150– Comment: 26.25 acres; subject to management. Location: I–79 North, I–80 West, Exit existing easements. Parcel 18 Sharon. R18 North 4 miles, left on Tract 2319 Grenada Lake R518, right on Mercer Avenue. J. Percy Priest Dam and Resorvoir Section 22, T23N, R7E Landholding Agency: COE Murfreesboro Co: Rutherford TN 37130– Grenada Co: Grenada MS 28902–0903 Property Number: 31199011001 Location: West of Buckeye Bottom Road Landholding Agency: COE Status: Excess Landholding Agency: COE Property Number: 31199011035 Comment: 24.09 acres; subject to Property Number: 31199010930 Status: Underutilized flowage easement. Status: Excess Comment: 10 acres; no utilities; most Tracts L24, L26 Comment: 14.48 acres; subject to recent use—wildlife and forestry Crooked Creek Lake existing easements. management. Co: Armstrong PA 03051– Tract 2227 Parcel 19 Location: Left bank—55 miles J. Percy Priest Dam and Resorvoir Grenada Lake downstream of dam. Murfreesboro Co: Rutherford TN 37130– Section 9, T22N, R7E Landholding Agency: COE Location: Old Jefferson Pike
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 52870 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Landholding Agency: COE Location: 2 miles downstream from Canoe Ridge, State Hwy 52 Property Number: 31199010931 Cheatham Dam. Celina Co: Clay TN 38551– Status: Excess Landholding Agency: COE Landholding Agency: COE Comment: 2.27 acres; subject to existing Property Number: 31199010939 Property Number: 31199140006 easements. Status: Excess Status: Underutilized Tract 2107 Comment: 1.1 acres; subject to existing Comment: 351 acres, most recent use— J. Percy Priest Dam and Reservoir easements. hunting, subject to existing Murfreesboro Co: Rutherford TN 37130– Tracts 11523, 11524 easements. Location: Across Fall Creek near Fall Barkley Lake Tract A–120 Creek camping area. Ashland City Co: Cheatham TN 37015– Dale Hollow Lake & Dam Project Landholding Agency: COE Location: 21⁄2 miles downstream from Swann Ridge, State Hwy No. 53 Property Number: 31199010932 Cheatham Dam. Celina Co: Clay TN 38551– Status: Excess Landholding Agency: COE Landholding Agency: COE Comment: 14.85 acres; subject to Property Number: 31199010940 Property Number: 31199140007 existing easements. Status: Excess Status: Underutilized Comment: 883 acres, most recent use— Tracts 2601, 2602, 2603, 2604 Comment: 19.5 acres; subject to existing hunting, subject to existing Cordell Hull Lake and Dam Project easements. easements. Doe Row Creek Tract 6410 Gainesboro Co: Jackson TN 38562– Barkley Lake Tract D–185 Location: TN Highway 56 Bumpus Mills Co: Stewart TN 37028– Dale Hollow Lake & Dam Project Landholding Agency: COE Location: 41⁄2 miles SW. of Bumpus Ashburn Creek, Hwy No. 53 Property Number: 31199010933 Mills. Livingston Co: Clay TN 38570– Status: Unutilized Landholding Agency: COE Landholding Agency: COE Comment: 11 acres; subject to existing Property Number: 31199010941 Property Number: 31199140010 easements. Status: Excess Status: Underutilized Comment: 97 acres, most recent use— Tract 1911 Comment: 17 acres; subject to existing easements. hunting, subject to existing J. Percy Priest Dam and Reservoir easements. Murfreesboro Co: Rutherford TN 37130– Tract 9707 Location: East of Lamar Road Barkley Lake Texas Palmyer Co: Montgomery TN 37142– Landholding Agency: COE Land Location: 3 miles NE of Palmyer, TN. Property Number: 31199010934 Olin E. Teague Veterans Center 1901 Highway 149 Status: Excess South 1st Street Landholding Agency: COE Comment: 6.92 acres; subject to existing Temple Co: Bell TX 76504– Property Number: 31199010943 easements. Landholding Agency: VA Status: Excess Tract 7206 Property Number: 97199010079 Comment: 6.6 acres; subject to existing Barkley Lake Status: Underutilized easements. Dover Co: Stewart TN 37058– Comment: 13 acres, portion formerly Location: 21⁄2 miles SE of Dover, TN. Tract 6949 landfill, portion near flammable Landholding Agency: COE Barkley Lake materials, railroad crosses property, Property Number: 31199010936 Dover Co: Stewart TN 37058– potential utilities. Status: Excess Location: 11⁄2 miles SE of Dover, TN. Comment: 10.15 acres; subject to Landholding Agency: COE Wisconsin existing easements. Property Number: 31199010944 VA Medical Center Tracts 8813, 8814 Status: Excess County Highway E Barkley Lake Comment: 29.67 acres; subject to Tomah Co: Monroe WI 54660– Cumberland Co: Stewart TN 37050– existing easements. Landholding Agency: VA Location: 11⁄2 miles East of Cumberland Tracts 6005 and 6017 Property Number: 97199010054 City. Barkley Lake Status: Underutilized Landholding Agency: COE Dover Co: Stewart TN 37058– Comment: 12.4 acres, serves as buffer Property Number: 31199010937 Location: 3 miles south of Village of between center and private property, Status: Excess Tobaccoport. no utilities. Comment: 96 acres; subject to existing Landholding Agency: COE Suitable/Unavailable Properties easements. Property Number: 31199011173 Buildings (by State) Tract 8911 Status: Excess Barkley Lake Comment: 5 acres; subject to existing Colorado Cumberland City Co: Montgomery TN easements. Bldg. 100 37050– Tracts K–1191, K–1135 La Junta Strategic Range Location: 4 miles east of Cumberland Old Hickory Lock and Dam La Junta Co: Otero CO 81050–9501 City. Hartsville Co: Trousdale TN 37074– Landholding Agency: Air Force Landholding Agency: COE Landholding Agency: COE Property Number: 18200230001 Property Number: 31199010938 Property Number: 31199130007 Status: Excess Status: Excess Status: Underutilized Comment: 7760 sq. ft., most recent Comment: 7.7 acres; subject to existing Comment: 54 acres, (portion in use—admin/electronic equip. easements. floodway), most recent use— maintenance. Tract 11503 recreation. Bldg. 101 Barkley Lake Tract A–102 La Junta Strategic Range Ashland City Co: Cheatham TN 37015– Dale Hollow Lake & Dam Project La Junta Co: Otero CO 81050–9501
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52871
Landholding Agency: Air Force Bldg. 4 Status: Unutilized Property Number: 18200230002 Ohio River Locks & Dam No. 53 Comment: 7500 sq. ft., most recent Status: Excess Grand Chain Co: Pulaski IL 62941–9801 use—storage. Comment: 336 sq. ft., most recent use— Location: Ohio River Locks and Dam Bldg. 1227 storage. No. 53 at Grand Chain Verona Text Annex Bldg. 102 Landholding Agency: COE Verona Co: Oneida NY 13478– La Junta Strategic Range Property Number: 31199010004 Landholding Agency: Air Force La Junta Co: Otero CO 81050–9501 Status: Unutilized Property Number: 18200220016 Landholding Agency: Air Force Comment: 900 sq. ft.; one floor wood Status: Unutilized Property Number: 18200230003 frame; most recent use—residence. Comment: 1152 sq. ft., presence of Status: Excess Bldg. 3 asbestos/lead paint, most recent use— Comment: 1056 sq. ft., most recent Ohio River Locks & Dam No. 53 power station. use—storage. Grand Chain Co: Pulaski IL 62941–9801 Bldg. 1231 Bldg. 103 Location: Ohio River Locks and Dam Verona Test Annex La Junta Strategic Range No. 53 at Grand Chain Verona Co: Oneida NY 13478– La Junta Co: Otero CO 81050–9501 Landholding Agency: COE Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 31199010005 Property Number: 18200220017 Property Number: 18200230004 Status: Unutilized Status: Unutilized Status: Excess Comment: 900 sq. ft.; one floor wood Comment: 3865 sq. ft., presence of Comment: 784 sq. ft., most recent use— frame. asbestos/lead paint/volatile organic storage. Bldg. 2 compounds, access requirements, Bldg. 104 Ohio River Locks & Dam No. 53 most recent use—research lab. La Junta Strategic Range Grand Chain Co: Pulaski IL 62941–9801 Bldg. 1233 La Junta Co: Otero CO 81050–9501 Location: Ohio River Locks and Dam Verona Test Annex Landholding Agency: Air Force No. 53 at Grand Chain Verona Co: Oneida NY 13478– Property Number: 18200230005 Landholding Agency: COE Landholding Agency: Air Force Status: Excess Property Number: 18200220018 Comment: 312 sq. ft., most recent use— Property Number: 31199010006 Status: Unutilized Status: Unutilized storage. Comment: 900 sq. ft.; one floor wood Comment: 1152 sq. ft., needs repair, Bldg. 106 frame; most recent use—residence. presence of asbestos/lead paint/ La Junta Strategic Range volatile organic compounds, access La Junta Co: Otero CO 81050–9501 Bldg. 1 Ohio River Locks & Dam No. 53 requirements, most recent use—power Landholding Agency: Air Force station. Property Number: 18200230006 Grand Chain Co: Pulaski IL 62941–9801 Bldgs. 1235, 1239 Status: Excess Location: Ohio River Locks and Dam Verona Test Annex Comment: 100 sq. ft., most recent use— No. 53 at Grand Chain Verona Co: Oneida NY 13478– storage. Landholding Agency: COE Property Number: 31199010007 Landholding Agency: Air Force Illinois Status: Unutilized Property Number: 18200220019 Bldg. 7 Comment: 900 sq. ft.; one floor wood Status: Unutilized Ohio River Locks & Dam No. 53 frame; most recent use—residence. Comment: 144/825 sq. ft., need repairs, presence of lead paint, most recent Grand Chain Co: Pulaski IL 62941–9801 Montana Location: Ohio River Locks and Dam use—electric switch station. No. 53 at Grand Chain VA MT Healthcare Bldg. 1241 Landholding Agency: COE 210 S. Winchester Verona Test Annex Property Number: 31199010001 Miles City Co: Custer MT 59301– Verona Co: Oneida NY 13478– Status: Unutilized Landholding Agency: VA Landholding Agency: Air Force Comment: 900 sq. ft.; 1 floor wood Property Number: 97200030001 Property Number: 18200220020 frame; most recent use—residence. Status: Underutilized Status: Unutilized Bldg. 6 Comment: 18 buildings, total sq. ft. = Comment: 159 sq. ft., presence of lead Ohio River Locks & Dam No. 53 123,851, presence of asbestos, most paint, most recent use—sewage pump Grand Chain Co: Pulaski IL 62941–9801 recent use—clinic/office/food station. Location: Ohio River Locks and Dam production. Bldg. 1243 No. 53 at Grand Chain New York Verona Test Annex Landholding Agency: COE Verona Co: Oneida NY 13478– Property Number: 31199010002 Bldg. 1225 Landholding Agency: Air Force Status: Unutilized Verona Text Annex Property Number: 18200220021 Comment: 900 sq. ft.; one floor wood Verona Co: Oneida NY 13478– Status: Unutilized frame; most recent use—residence. Landholding Agency: Air Force Comment: 25 sq. ft., most recent use— Bldg. 5 Property Number: 18200220014 waste treatment. Ohio River Locks & Dam No. 53 Status: Unutilized Bldg. 1245 Grand Chain Co: Pulaski IL 62941–9801 Comment: 3865 sq. ft., needs repair, Verona Test Annex Location: Ohio River Locks and Dam presence of asbestos/lead paint, most Verona Co: Oneida NY 13478– No. 53 at Grand Chain recent use—research lab. Landholding Agency: Air Force Landholding Agency: COE Bldg. 1226 Property Number: 18200220022 Property Number: 31199010003 Verona Test Annex Status: Unutilized Status: Unutilized Verona Co: Oneida NY 13478– Comment: 3835 sq. ft., needs repair, Comment: 900 sq. ft.; one floor wood Landholding Agency: Air Force presence of asbestos/lead paint, most frame; most recent use—residence. Property Number: 18200220015 recent use—research lab.
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 52872 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Bldg. 1247 Verona Test Annex Property Number: 54200310013 Verona Test Annex Verona Co: Oneida NY 13478– Status: Excess Verona Co: Oneida NY 13478– Landholding Agency: Air Force Comment: 3 bunker-style structures and Landholding Agency: Air Force Property Number: 18200220030 several small outbuildings, presence Property Number: 18200220023 Status: Unutilized of asbestos, possible lead paint, most Status: Unutilized Comment: 1152 sq. ft., needs repair, recent use—admin/training/storage. Comment: 576 sq. ft., needs repair, presence of lead paint, most recent GSA Number: 1–D–NY–803 presence of asbestos/lead paint, most use—power station. Ohio recent use—power station. Bldg. 1273 Bldg. 1250 + land Verona Test Annex Bldg.—Berlin Lake 7400 Bedell Road Verona Test Annex Verona Co: Oneida NY 13478– Berlin Center Co: Mahoning OH 44401– Verona Co: Oneida NY 13478– Landholding Agency: Air Force 9797 Landholding Agency: Air Force Property Number: 18200220031 Landholding Agency: COE Property Number: 18200220024 Status: Unutilized Property Number: 31199640001 Status: Unutilized Comment: 87 sq. ft., presence of Status: Unutilized Comment: 11,766 sq. ft. offices/lab with asbestos, most recent use—sewage Comment: 1420 sq. ft., 2-story brick w/ 495 acres, presence of asbestos/lead pump station. garage and basement, most recent use—residential, secured w/alternate paint/wetlands. Bldg. 1277 access. Bldg. 1253 Verona Test Annex Verona Test Annex Verona Co: Oneida NY 13478– Bldg. 116 Verona Co: Oneida NY 13478– Landholding Agency: Air Force VA Medical Center Landholding Agency: Air Force Property Number: 18200220032 Dayton Co: Montgomery OH 45428– Property Number: 18200220025 Status: Unutilized Landholding Agency: VA Status: Unutilized Comment: 3865 sq. ft., needs repair, Property Number: 97199920002 Comment: 3835 sq. ft., needs repair, presence of asbestos/lead paint, most Status: Unutilized presence of asbestos/lead paint/ recent use—research lab. Comment: 3 floors, potential utilities, volatile organic compounds, access Bldg. 1279 needs major rehab, presence of requirements, most recent use— Verona Test Annex asbestos/lead paint, historic property. research lab. Verona Co: Oneida NY 13478– Pennsylvania Bldg. 1255 Landholding Agency: Air Force Tract 403A Verona Test Annex Property Number: 18200220033 Grays Landing Lock & Dam Project Verona Co: Oneida NY 13478– Status: Unutilized Greensboro Co: Greene PA 15338– Landholding Agency: Air Force Comment: 1152 sq. ft., needs repair, Landholding Agency: COE Property Number: 18200220026 presence of lead paint, most recent Property Number: 31199430021 Status: Unutilized use—power station. Status: Unutilized Comment: 576 sq. ft., needs repair, Bldg. 1285 Comment: 620 sq. ft., 2-story, needs presence of lead paint/volatile organic Verona Test Annex repair, most recent use—residential, if compounds, access requirement, most Verona Co: Oneida NY 13478– used for habitation must be flood recent use—power station. Landholding Agency: Air Force proofed or removed off-site. Bldg. 1261 Property Number: 18200220034 Tract 403B Verona Test Annex Status: Unutilized Grays Landing Lock & Dam Project Verona Co: Oneida NY 13478– Comment: 4690 sq. ft., needs repair, Greensboro Co: Greene PA 15338– Landholding Agency: Air Force presence of asbestos/lead paint, most Landholding Agency: COE Property Number: 18200220027 recent use—research lab. Property Number: 31199430022 Status: Unutilized Bldg. 1287 Status: Unutilized Comment: 3835 sq. ft., needs repair, Verona Test Annex Comment: 1600 sq. ft., 2-story, brick presence of asbestos/lead paint, most Verona Co: Oneida NY 13478– structure, needs repair, most recent recent use—research lab. Landholding Agency: Air Force use—residential, if used for habitation Bldg. 1263 Property Number: 18200220035 must be flood proofed or removed off- Verona Test Annex Status: Unutilized site. Verona Co: Oneida NY 13478– Comment: 1152 sq. ft., needs repair, Tract 403C Landholding Agency: Air Force presence of lead paint, most recent Grays Landing Lock & Dam Project Property Number: 18200220028 use—power station. Greensboro Co: Greene PA 15338– Status: Unutilized Social Sec. Admin. Bldg. Landholding Agency: COE Comment: 576 sq. ft. needs repair, 517 N. Barry St. Property Number: 31199430023 presence of lead paint, most recent Olean NY 10278–0004 Status: Unutilized use—power station. Landholding Agency: GSA Comment: 672 sq. ft., 2-story carriage Bldgs. 1266, 1269 Property Number: 54200230009 house/stable barn type structure, Verona Test Annex Status: Excess needs repair, most recent use— Verona Co: Oneida NY 13478– Comment: 9174 sq. ft., poor condition, storage/garage, if used for habitation Landholding Agency: Air Force most recent use—office. must be flood proofed or removed. Property Number: 18200220029 GSA Number: 1–G–NY–0895 Status: Unutilized Hancock Army Complex Tennessee Comment: 3730/3865 sq. ft., need Track 4 3 Facilities, Guard Posts repairs, presence of asbestos/lead Stewart Drive West Volunteer Army Ammunition Plant paint, most recent use—research lab. Cicero Co: Onondaga NY 13039– Chattanooga Co: Hamilton TN 37421– Bldg. 1271 Landholding Agency: GSA Landholding Agency: GSA
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52873
Property Number: 54199930011 Status: Unutilized Michigan Status: Surplus Comment: 2574 sq. ft., possible IOM Site Comment: 48–64 sq. ft., most recent asbestos/lead paint, most recent use— Chesterfield Road use—access control, property was residential. Chesterfield Co: Macomb MI– published in error as available on 2/ Bldg. 402/Geiger Heights Landholding Agency: GSA 11/00. Fairchild AFB Property Number: 54200340008 GSA Number: 4–D–TN–594F Spokane WA 99224– Status: Excess Washington Landholding Agency: Air Force Comment: approx. 17.4 acres w/ Property Number: 18200420008 concrete block bldg. in poor 22 Bldgs./Geiger Heights Status: Unutilized condition, most recent use—radio Fairchild AFB Comment: 2451 sq. ft., possible antenna field, narrow right-of-way. Spokane WA 99224– asbestos/lead paint, most recent use— GSA Number: 1–D–MI–0603F Landholding Agency: Air Force residential. Property Number: 18200420001 VA Medical Center 5 Bldgs./Geiger Heights Status: Unutilized 5500 Armstrong Road Fairchild AFB Comment: 1625 sq. ft., possible Battle Creek Co: Calhoun MI 49016– 222, 224, 271, 295, 260 asbestos/lead paint, most recent use— Landholding Agency: VA Spokane WA 99224– Property Number: 97199010015 residential. Landholding Agency: Air Force Bldg. 404/Geiger Heights Status: Underutilized Property Number: 18200420009 Comment: 20 acres, used as exercise Fairchild AFB Status: Unutilized Spokane WA 99224– trails and storage areas, potential Comment: 3043 sq. ft., possible utilities. Landholding Agency: Air Force asbestos/lead paint, most recent use— Property Number: 18200420002 residential. New Mexico Status: Unutilized 5 Bldgs./Geiger Heights Comment: 1996 sq. ft., possible Sites 69 & 70 Fairchild AFB asbestos/lead paint, most recent use— Conchas Lake 102, 183, 118, 136, 113 San Miguel Co: NM residential. Spokane WA 99224– Landholding Agency: COE 11 Bldgs./Geiger Heights. Landholding Agency: Air Force Property Number: 31200520006 Fairchild AFB Property Number: 18200420010 Status: Excess Spokane WA 99224– Status: Unutilized Comment: 1/2 acre lots, closest town is Landholding Agency: Air Force Comment: 2599 sq. ft., possible approximately 32 miles away. Property Number: 18200420003 asbestos/lead paint, most recent use— New York Status: Unutilized residential. Comment: 2134 sq. ft., possible VA Medical Center asbestos/lead paint, most recent use— Wisconsin Fort Hill Avenue residential. Bldg. 2 Canandaigua Co: Ontario NY 14424– Bldg. 297/Geiger Heights VA Medical Center Landholding Agency: VA Fairchild AFB 5000 West National Ave. Property Number: 97199010017 Spokane WA 99224– Milwaukee WI 53295– Status: Underutilized Landholding Agency: Air Force Landholding Agency: VA Comment: 27.5 acres, used for school Property Number: 18200420004 Property Number: 97199830002 ballfield and parking, existing utilities Status: Unutilized Status: Underutilized easements, portion leased. Comment: 1425 sq. ft., possible Comment: 133,730 sq. ft., needs rehab, asbestos/lead paint, most recent use— presence of asbestos/lead paint, most Pennsylvania residential. recent use—storage. East Branch Clarion River Lake 9 Bldgs./Geiger Heights Wilcox Co: Elk PA Land (by State) Fairchild AFB Location: Free camping area on the right Spokane WA 99224– Illinois bank off entrance roadway. Landholding Agency: COE Landholding Agency: Air Force Lake Shelbyville Property Number: 31199011012 Property Number: 18200420005 Shelbyville Co: Shelby & Moultrie IL Status: Unutilized Status: Underutilized 62565–9804 Comment: 1620 sq. ft., possible Comment: 1 acre; most recent use—free Landholding Agency: COE asbestos/lead paint, most recent use— campground. Property Number: 31199240004 residential. Status: Unutilized Dashields Locks and Dam 22 Bldgs./Geiger Heights Comment: 5 parcels of land equalling (Glenwillard, PA) Fairchild AFB 0.70 acres, improved w/4 small Crescent Twp. Co: Allegheny PA 15046– Spokane WA 99224– equipment storage bldgs. and a small 0475 Landholding Agency: Air Force access road, easement restrictions. Landholding Agency: COE Property Number: 18200420006 Property Number: 31199210009 Status: Unutilized Iowa Status: Unutilized Comment: 2850 sq. ft., possible 38 acres Comment: 0.58 acres, most recent use— asbestos/lead paint, most recent use— VA Medical Center baseball field. residential. 1515 West Pleasant St. VA Medical Center 51 Bldgs./Geiger Heights Knoxville Co: Marion IA 50138– New Castle Road Fairchild AFB Landholding Agency: VA Butler Co: Butler PA 16001– Spokane WA 99224– Property Number: 97199740001 Landholding Agency: VA Landholding Agency: Air Force Status: Unutilized Property Number: 97199010016 Property Number: 18200420007 Comment: golf course. Status: Underutilized
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 52874 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Comment: Approx. 9.29 acres, used for Landholding Agency: COE Status: Underutilized patient recreation, potential utilities. Property Number: 31199010065 Reason: Secured Area. Status: Unutilized Land No. 645 Alaska VA. Medical Center Comment: 126.69 acres; most recent Highland Drive use—recreation and leased cottage Bldg. 15532 Pittsburgh Co: Allegheny PA 15206– sites. Elmendorf AFB Location: Between Campania and Parcel No. 2, El Dorado Lake Elmendorf AFB AK 99506– Wiltsie Streets. Approx. 1 mi east of the town of El Landholding Agency: Air Force Landholding Agency: VA Dorado Property Number: 18200220001 Property Number: 97199010080 Co: Butler KS Status: Unutilized Status: Unutilized Landholding Agency: COE Reasons: Within airport runway clear Comment: 90.3 acres, heavily wooded, Property Number: 31199210005 zone; Secured Area. property includes dump area and Status: Unutilized Bldg. 8354 numerous site storm drain outfalls. Comment: 11 acres, part of a relocated Elmendorf AFB Land—34.16 acres railroad bed, rural area. Elmendorf AFB AK 99506– Landholding Agency: Air Force VA Medical Center Massachusetts 1400 Black Horse Hill Road Property Number: 18200240001 Coatesville Co: Chester PA 19320– Buffumville Dam Status: Unutilized Landholding Agency: VA Flood Control Project Reason: Extensive deterioration. Property Number: 97199340001 Gale Road Bldg. 11827 Status: Underutilized Carlton Co: Worcester MA 01540–0155 Elmendorf AFB Comment: 34.16 acres, open field, most Location: Portion of tracts B–200, B– Elmendorf AFB AK 99506– recent use—recreation/buffer. 248, B–251, B–204, B–247, B–200 and Landholding Agency: Air Force B–256 Property Number: 18200240002 South Dakota Landholding Agency: COE Status: Unutilized Tract 133 Property Number: 31199010016 Reasons: Within 2000 ft. of flammable Ellsworth AFB Status: Excess or explosive material; Secured Area. Box Elder Co: Pennington SD 57706– Comment: 1.45 acres. Bldg. 7537 Landholding Agency: Air Force Tennessee Elmendorf Air Force Base Property Number: 18200310004 Elmendorf AFB AK 99506– Status: Unutilized Tract D–456 Landholding Agency: Air Force Comment: 53.23 acres. Cheatham Lock and Dam Property Number: 18200320001 Tract 67 Ashland Co: Cheatham TN 37015– Status: Unutilized Ellsworth AFB Location: Right downstream bank of Reason: Extensive deterioration. Sycamore Creek. Box Elder Co: Pennington SD 57706– Bldg. 9340 Landholding Agency: Air Force Landholding Agency: COE Elmendorf Air Force Base Property Number: 18200310005 Property Number: 31199010942 Elmendorf AFB AK 99506– Status: Unutilized Status: Excess Landholding Agency: Air Force Comment: 121 acres, bentonite layer in Comment: 8.93 acres; subject to existing Property Number: 18200320002 soil, causes movement. easements. Status: Unutilized Suitable/To Be Excessed Land (by State) Texas Reason: Extensive deterioration. Georgia Corpus Christi Ship Channel Bldg. 9342 Corpus Christi Co: Neuces TX Elmendorf Air Force Base Lake Sidney Lanier Location: East side of Carbon Plant Elmendorf AFB AK 99506– Co: Forsyth GA 30130– Road, approx. 14 miles NW of Landholding Agency: Air Force Location: Located on Two Mile Creek downtown Corpus Christi Property Number: 18200320003 adj. to State Route 369. Landholding Agency: COE Status: Unutilized Landholding Agency: COE Property Number: 31199240001 Reason: Extensive deterioration. Property Number: 31199440010 Status: Unutilized Status: Unutilized Bldg. 12737 Comment: 4.4 acres, most recent use— Elmendorf Air Force Base Comment: 0.25 acres, endangered plant farm land. species. Elmendorf AFB AK 99506– Landholding Agency: Air Force Lake Sidney Lanier—3 parcels Unsuitable Properties—Buildings (by State) Property Number: 18200320004 Gainesville Co: Hall GA 30503– Status: Unutilized Location: Between Gainesville H.S. and Alabama Reason: Extensive deterioration. State Route 53 By-Pass. Landholding Agency: COE Bldg. 7 Bldg. 13251 Property Number: 31199440011 VA Medical Center Elmendorf Air Force Base Status: Unutilized Tuskegee Co: Macon AL 36083– Elemendorf AFB AK 99506– Comment: 3 parcels totalling 5.17 acres, Landholding Agency: VA Landholding Agency: Air Force most recent use—buffer zone, Property Number: 97199730001 Property Number: 18200320005 endangered plant species. Status: Underutilized Status: Unutilized Reason: Secured Area. Reason: Extensive deterioration. Kansas Bldg. 8 Bldg. 29453 Parcel #1 VA Medical Center Elmendorf Air Force Base Fall River Lake Tuskegee Co: Macon AL 36083– Elmendorf AFB AK 99506– Section 26 Landholding Agency: VA Landholding Agency: Air Force Co: Greenwood KS Property Number: 97199730002 Property Number: 18200320006
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52875
Status: Unutilized Helena Casting Plant Landholding Agency: Air Force Reason: Extensive deterioration. Helena Co: Phillips AR 72342– Property Number: 18200210026 Bldg. 6527 Landholding Agency: COE Status: Unutilized Elmendorf AFB Property Number: 31200220001 Reason: Secured Area. Elmendorf AFB AK 99506– Status: Unutilized Bldg. 30447 Landholding Agency: Air Force Reason: Extensive deterioration. Vandenberg AFB Property Number: 18200330001 Vandenberg Co: Santa Barbara CA California Status: Unutilized 93437– Reason: Extensive deterioration. Bldg. 30101 Landholding Agency: Air Force Bldg. 12739 Vandenberg AFB Property Number: 18200210027 Elmendorf AFB Vandenberg Co: Santa Barbara CA Status: Unutilized Elmendorf AFB AK 99506– 93437– Reason: Secured Area. Landholding Agency: Air Force Landholding Agency: Air Force Bldg. 30524 Property Number: 18200330002 Property Number: 18200210019 Vandenberg AFB Status: Unutilized Status: Unutilized Vandenberg Co: Santa Barbara CA Reason: Extensive deterioration. Reason: Secured Area. 93437– Bldg. 4314 Bldgs. 30131, 30709 Landholding Agency: Air Force Elmendorf AFB Vandenberg AFB Property Number: 18200210028 Elmendorf AFB AK 99506– Vandenberg Co: Santa Barbara CA Status: Unutilized Landholding Agency: Air Force 93437– Reason: Secured Area. Property Number: 18200340001 Landholding Agency: Air Force Bldg. 30647 Status: Unutilized Property Number: 18200210020 Vandenberg AFB Reason: Extensive deterioration. Status: Unutilized Vandenberg Co: Santa Barbara CA Reason: Secured Area. Bldg. 6527 93437– Elmendorf AFB Bldgs. 30137, 30701 Landholding Agency: Air Force Elmendorf AFB AK 99506– Vandenberg AFB Property Number: 18200210029 Landholding Agency: Air Force Vandenberg Co: Santa Barbara CA Status: Unutilized Property Number: 18200340002 93437– Reason: Secured Area. Status: Unutilized Landholding Agency: Air Force Bldgs. 30710, 30717 Reason: Extensive deterioration. Property Number: 18200210021 Vandenberg AFB Status: Unutilized Bldg. 7541 Vandenberg Co: Santa Barbara CA Reason: Secured Area. Elmendorf AFB 93437– Elmendorf AFB AK 99506– Bldg. 30235 Landholding Agency: Air Force Landholding Agency: Air Force Vandenberg AFB Property Number: 18200210030 Property Number: 18200340003 Vandenberg Co: Santa Barbara CA Status: Unutilized Status: Unutilized 93437– Reason: Secured Area. Reason: Extensive deterioration. Landholding Agency: Air Force Bldgs. 30718, 30607 Property Number: 18200210022 Bldg. 8111 Vandenberg AFB Status: Unutilized Elmendorf AFB Vandenberg Co: Santa Barbara CA Reason: Secured Area. Elmendorf AFB AK 99506– 93437– Landholding Agency: Air Force Bldgs. 30238, 30446 Landholding Agency: Air Force Property Number: 18200340004 Vandenberg AFB Property Number: 18200210031 Status: Unutilized Vandenberg Co: Santa Barbara CA– Status: Unutilized Reason: Extensive deterioration. Landholding Agency: Air Force Reason: Secured Area. Property Number: 18200210023 Bldg. 9489 Bldgs. 30722, 30735 Status: Unutilized Elmendorf AFB Vandenberg AFB Reason: Secured Area. Elmendorf AFB AK 99506– Vandenberg Co: Santa Barbara CA Landholding Agency: Air Force Bldgs. 30239, 30444 93437– Property Number: 18200340005 Vandenberg AFB Landholding Agency: Air Force Status: Unutilized Vandenberg Co: Santa Barbara CA Property Number: 18200210032 Reason: Extensive deterioration. 93437– Status: Unutilized Landholding Agency: Air Force Reason: Secured Area. Bldg. 10547 Property Number: 18200210024 Elmendorf AFB Bldgs. 30775, 30777 Status: Unutilized Elmendorf AFB AK 99506– Vandenberg AFB Reason: Secured Area. Landholding Agency: Air Force Vandenberg Co: Santa Barbara CA Property Number: 18200340006 Bldgs. 30306, 30335, 30782 93437– Status: Unutilized Vandenberg AFB Landholding Agency: Air Force Reason: Extensive deterioration. Vandenberg Co: Santa Barbara CA Property Number: 18200210033 93437– Status: Unutilized Arkansas Landholding Agency: Air Force Reason: Secured Area. Dwelling Property Number: 18200210025 Bldgs. 30830, 30837 Bull Shoals Lake/Dry Run Road Status: Unutilized Vandenberg AFB Oakland Co: Marion AR 72661– Reason: Secured Area. Vandenberg Co: Santa Barbara CA Landholding Agency: COE Bldgs. 30339, 30340, 30341 93437– Property Number: 31199820001 Vandenberg AFB Landholding Agency: Air Force Status: Unutilized Vandenberg Co: Santa Barbara CA Property Number: 18200210034 Reason: Extensive deterioration. 93437– Status: Unutilized
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 52876 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Reason: Secured Area. Vandenberg AFB Property Number: 18200510004 Bldgs. 30839, 30844, 30854 Santa Barbara Co: CA 93437– Status: Unutilized Vandenberg AFB Landholding Agency: Air Force Reason: Secured Area. Vandenberg Co: Santa Barbara CA Property Number: 18200430006 Bldg. 737 93437– Status: Unutilized Vandenberg AFB Landholding Agency: Air Force Reasons: Secured Area, Extensive Lompoc Co: Santa Barbara CA 93437– Property Number: 18200210035 deterioration. Landholding Agency: Air Force Status: Unutilized Bldg. 1205 Property Number: 18200510005 Reason: Secured Area. Vandenberg AFB Status: Unutilized Bldg. 06522 Santa Barbara Co: CA 93437– Reason: Secured Area. Vandenberg AFB Landholding Agency: Air Force Bldg. 742 Vandenberg AFB Co: Santa Barbara CA Property Number: 18200430007 Vandenberg AFB 93437– Status: Unutilized Lompoc Co: Santa Barbara CA 93437– Landholding Agency: Air Force Reasons: Secured Area, Extensive Landholding Agency: Air Force Property Number: 18200330004 deterioration. Property Number: 18200510006 Status: Unutilized 36 Bldgs. Status: Unutilized Reasons: Secured Area, Extensive Edwards AFB Reason: Secured Area. deterioration. Area F Housing Bldg. 746 23 Bldgs. Kern Co: CA 93524– Vandenberg AFB Edwards AFB Landholding Agency: Air Force Lompoc Co: Santa Barbara CA 93437– Edwards AFB Co: Kern CA 93524– Property Number: 18200430008 Landholding Agency: Air Force Location: 7022–7037, 7039–7040, 7042, Status: Unutilized Property Number: 18200510007 7044, 7046–7048 Reasons: Secured Area, Extensive Status: Unutilized Landholding Agency: Air Force deterioration. Reason: Secured Area. Property Number: 18200410002 Bldgs. 7105, 7106 87 Buildings Status: Unutilized Edwards AFB Edwards AFB Reason: Secured Area. Area C Area ‘‘F’’ Bldg. 98 Kern Co: CA 93524– Kern Co: CA 93524– Vandenberg AFB Landholding Agency: Air Force Landholding Agency: Air Force Oak Mountain Annex Property Number: 18200430009 Property Number: 18200510008 Santa Barbara Co: CA 93437– Status: Unutilized Status: Unutilized Landholding Agency: Air Force Reasons: Secured Area, Extensive Reasons: Secured Area, Extensive Property Number: 18200430001 deterioration. deterioration. Status: Unutilized 28 Bldgs. 7 Buildings Reasons: Secured Area, Extensive Edwards AFB Edwards AFB deterioration. Area C Area ‘‘C’’ Bldg. 488 Kern Co: CA 93524– Kern Co: CA 93524– Vandenberg AFB Landholding Agency: Air Force Landholding Agency: Air Force Santa Barbara Co: CA 93437– Property Number: 18200440001 Property Number: 18200510009 Landholding Agency: Air Force Status: Excess Status: Unutilized Property Number: 18200430002 Reasons: Secured Area, Extensive Reasons: Secured Area, Extensive Status: Unutilized deterioration. deterioration. Reasons: Secured Area, Extensive Bldg. 719 Bldg. 11237 deterioration. Vandenberg AFB Vandenberg AFB Bldg. 535 Lompoc Co: Santa Barbara CA 93437– Lompoc Co: Santa Barbara CA 93437– Vandenberg AFB Landholding Agency: Air Force Landholding Agency: Air Force Santa Barbara Co: CA 93437– Property Number: 18200510001 Property Number: 18200520001 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 18200430003 Reason: Secured Area. Reason: Secured Area. Status: Unutilized Bldg. 725 Bldg. 02423 Reasons: Secured Area, Extensive Vandenberg AFB Edwards AFB deterioration. Lompoc Co: Santa Barbara CA 93437– Kern Co: CA 93524– Bldgs. 734, 738–739 Landholding Agency: Air Force Landholding Agency: Air Force Vandenberg AFB Property Number: 18200510002 Property Number: 18200530001 Santa Barbara Co: CA 93437– Status: Unutilized Status: Unutilized Landholding Agency: Air Force Reason: Secured Area. Reason: Secured Area. Property Number: 18200430004 Bldg. 729 205 Bldgs., Area F Status: Unutilized Vandenberg AFB Edwards AFB Reason: Secured Area. Lompoc Co: Santa Barbara CA 93437– Kern Co: CA 93524– Bldg. 946 Landholding Agency: Air Force Landholding Agency: Air Force Vandenberg AFB Property Number: 18200510003 Property Number: 18200530002 Santa Barbara Co: CA 93437– Status: Unutilized Status: Excess Landholding Agency: Air Force Reason: Secured Area. Reasons: Secured Area, Extensive Property Number: 18200430005 Bldg. 734 deterioration. Status: Unutilized Vandenberg AFB Soil & Materials Testing Lab Reason: Secured Area. Lompoc Co: Santa Barbara CA 93437– Sausalito CA 00000– Bldgs. 1200, 1201 Landholding Agency: Air Force Landholding Agency: COE
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52877
Property Number: 31199920002 Status: Unutilized Peterson AFB Status: Excess Reason: Extensive deterioration. Colorado Springs Co: El Paso CO 80914– Reason: contamination. Bldgs. 1370, 1371, 1372 Landholding Agency: Air Force Facility 35 Naval Base Property Number: 18200310003 Naval Weapons Station Port Hueneme Co: Ventura CA 93042– Status: Underutilized Seal Beach Detachment Landholding Agency: Navy Reasons: Within airport runway clear Pittsburgh Co: CA Property Number: 77200530011 zone, Secured Area. Landholding Agency: GSA Status: Unutilized Bldg. 106 Property Number: 54200520016 Reason: Extensive deterioration. Peterson AFB Status: Excess Bldg. 115 Colorado Springs Co: El Paso CO 80914– Reason: Within 2000 ft. of flammable or Naval Base 8090 explosive material. San Diego Co: CA – Landholding Agency: Air Force GSA Number: 9–N–CA–1630. Landholding Agency: Navy Property Number: 18200340010 Bldgs. 8902–8905 Property Number: 77200530012 Status: Underutilized Naval Weapons Station Status: Excess Reasons: Within 2000 ft. of flammable Seal Beach Co: CA 90740– Reason: Extensive deterioration. or explosive material, Within airport Landholding Agency: Navy Bldg. 1674 runway clear zone, Secured Area. Property Number: 77200530003 Marine Corps Base Bldg. 107 Status: Excess Camp Pendleton Co: CA 92055– Peterson AFB Reason: Extensive deterioration. Landholding Agency: Navy Colorado Springs Co: El Paso CO 80914– Bldgs. 8915, 8931 Property Number: 77200530027 8090 Naval Weapons Station Status: Excess Landholding Agency: Air Force Seal Beach Co: CA 90740– Reasons: Secured Area, Extensive Property Number: 18200340011 Landholding Agency: Navy deterioration. Status: Underutilized Property Number: 77200530004 Bldgs. 2636, 2651, 2658 Reasons: Within 2000 ft. of flammable Status: Excess Marine Corps Base or explosive material, Within airport Reason: Extensive deterioration. Camp Pendleton Co: CA 92055– runway clear zone, Secured Area. Landholding Agency: Navy Bldgs. 11, 112 Bldg. 108 Property Number: 77200530028 Peterson AFB Naval Weapons Station Status: Excess Seal Beach Co: CA 90740– Colorado Springs Co: El Paso CO 80914– Reasons: Secured Area, Extensive 8090 Landholding Agency: Navy deterioration. Property Number: 77200530005 Landholding Agency: Air Force Status: Unutilized 4 Bldgs. Property Number: 18200340012 Reason: Extensive deterioration. Marine Corps Base Status: Underutilized Camp Pendleton Co: CA 92055– Reasons: Within 2000 ft. of flammable Bldg. 805 Location: 26053, 26054, 26056, 26059 Naval Weapons Station or explosive material, Within airport Landholding Agency: Navy runway clear zone, Secured Area. Seal Beach Co: CA 90740– Property Number: 77200530029 Landholding Agency: Navy Status: Excess Connecticut Property Number: 77200530006 Reasons: Secured Area, Extensive Hezekiah S. Ramsdell Farm Status: Unutilized deterioration. West Thompson Lake Reason: Extensive deterioration. Bldgs. 53333, 53334 North Grosvenordale Co: Windham CT Bldgs. 810 thru 823 Marine Corps Base 06255–9801 Naval Weapons Station Camp Pendleton Co: CA 92055– Landholding Agency: COE Seal Beach Co: CA 90740– Landholding Agency: Navy Property Number: 31199740001 Landholding Agency: Navy Property Number: 77200530030 Status: Unutilized Property Number: 77200530007 Status: Excess Reasons: Floodway, Extensive Status: Unutilized Reasons: Secured Area, Extensive deterioration. Reason: Extensive deterioration. deterioration. Florida Bldgs. 851, 859, 864 Bldgs. 53507, 53569 Naval Weapons Station Marine Corps Base Bldg. 1345 Seal Beach Co: CA 90740– Camp Pendleton Co: CA 92055– Cape Canaveral AFS Landholding Agency: Navy Landholding Agency: Navy Cape Canaveral Co: Brevard FL 32907– Property Number: 77200530008 Property Number: 77200530031 Landholding Agency: Air Force Status: Unutilized Status: Excess Property Number: 18200210016 Reason: Extensive deterioration. Reasons: Secured Area, Extensive Status: Unutilized Bldg. 1146 deterioration. Reasons: Within 2000 ft. of flammable Naval Base Bldg. 170111 or explosive material, Secured Area. Port Hueneme Co: Ventura CA 93042– Marine Corps Base Bldg. 55122 Landholding Agency: Navy Camp Pendleton Co: CA 92055– Cape Canaveral AFS Property Number: 77200530009 Landholding Agency: Navy Cape Canaveral Co: Brevard FL 32907– Status: Unutilized Property Number: 77200530032 Landholding Agency: Air Force Reason: Extensive deterioration. Status: Excess Property Number: 18200210018 Bldg. 1358 Reasons: Secured Area, Extensive Status: Unutilized Naval Base deterioration. Reasons: Within 2000 ft. of flammable Port Hueneme Co: Ventura CA 93042– or explosive material, Secured Area. Landholding Agency: Navy Colorado Bldg. 1705 Property Number: 77200530010 Bldg. 105 Cape Canaveral AFS
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 52878 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Cape Canaveral Co: Brevard FL 32907– Status: Unutilized Hickam AFB HI– Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable Landholding Agency: Air Force Property Number: 18200330005 or explosive material, Secured Area, Property Number: 18200330012 Status: Unutilized Extensive deterioration. Status: Unutilized Reasons: Within 2000 ft. of flammable Gatehouse #W03 Reason: Secured Area. or explosive material, Secured Area, West Point Lake Bldg. 1035 Extensive deterioration. West Point Co: GA 31833–9517 Hickam AFB Bldg. 70500 V.I.B. Landholding Agency: COE Hickam AFB HI– Cape Canaveral Property Number: 31200510001 Landholding Agency: Air Force Brevard Co: FL 32907– Status: Unutilized Property Number: 18200330013 Landholding Agency: Air Force Reason: Extensive deterioration. Status: Unutilized Property Number: 18200510010 WRSH14, WRSH15, WRSH18 Reason: Secured Area. Status: Underutilized West Point Lake Bldgs. 1709, 1721 Reason: Secured Area West Point Co: GA 31833–9517 Hickam AFB Bldg. SF–15 Landholding Agency: COE Hickam AFB HI– Sub-Office Operations Property Number: 31200510002 Landholding Agency: Air Force Clewiston Co: Hendry FL 33440– Status: Unutilized Property Number: 18200330014 Landholding Agency: COE Reason: Extensive deterioration. Status: Unutilized Property Number: 31200430003 Reasons: Secured Area, Extensive Pumphouse deterioration. Status: Unutilized Carters Lake Bldg. 2041 Reasons: Secured Area, Extensive Oakman Co: GA 30732– Hickam AFB deterioration. Landholding Agency: COE Hickam AFB HI– Bldg. SF–16 Property Number: 31200520002 Landholding Agency: Air Force Sub-Office Operations Status: Unutilized Property Number: 18200330015 Clewiston Co: Hendry FL 33440– Reason: Extensive deterioration. Status: Unutilized Landholding Agency: COE Bldgs. ASBC01, ASBC02 Reasons: Secured Area, Extensive Property Number: 31200430004 Asbury Park deterioration. Status: Unutilized Hartwell Co: GA 30643– Reason: Secured Area. Bldg. 2044 Landholding Agency: COE Hickam AFB Bldg. SF–17 Property Number: 31200520003 Hickam AFB HI– Sub-Office Operations Status: Unutilized Landholding Agency: Air Force Clewiston Co: Hendry FL 33440– Reason: Extensive deterioration. Property Number: 18200330016 Landholding Agency: COE Hawaii Status: Unutilized Property Number: 31200430005 Reasons: Secured Area, Extensive Status: Unutilized Bldg. 503 deterioration. Bellows AFS Reasons: Secured Area, Extensive Bldg. 2104 Bellows AFS HI– deterioration. Hickam AFB Landholding Agency: Air Force Bldgs. V1221 A&B Hickam AFB HI– Property Number: 18200330007 Naval Air Station Landholding Agency: Air Force Status: Unutilized Sigsbee Park Property Number: 18200330017 Key West Co: Monroe FL 33040– Reasons: Secured Area, Extensive Status: Unutilized Landholding Agency: Navy deterioration. Reason: Secured Area. Property Number: 77200530013 Bldg. 907 Bldg. 3018 Status: Unutilized Hickam AFB Hickam AFB Reasons: Secured Area, Extensive Hickam AFB HI Hickam AFB HI– deterioration. Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 18200330009 Georgia Property Number: 18200330018 Status: Unutilized Status: Unutilized Bldg. 340 Reasons: Secured Area, Extensive Reasons: Secured Area, Extensive Savannah IAP deterioration. deterioration. Garden City Co: Chatham GA 31418– Bldg. 954 Bldg. 3202 Landholding Agency: Air Force Hickam AFB Hickam AFB Property Number: 18200430010 Hickam AFB HI– Hickam AFB HI– Status: Excess Landholding Agency: Air Force Landholding Agency: Air Force Reason: Secured Area. Property Number: 18200330010 Property Number: 18200330019 Bldg. #WRSH18 Status: Unutilized Status: Unutilized West Point Lake Reasons: Secured Area, Extensive Reasons: Within 2000 ft. of flammable West Point Co: GA 31833– deterioration. or explosive material, Secured Area, Landholding Agency: COE Bldg. 980 Extensive deterioration. Property Number: 31200430006 Hickam AFB Bldgs. 3338, 3356 Status: Unutilized Hickam AFB HI– Hickam AFB Reason: Secured Area. Landholding Agency: Air Force Hickam AFB HI– Bldg. W03 Property Number: 18200330011 Landholding Agency: Air Force West Point Lake Status: Unutilized Property Number: 18200330020 West Point Co: GA 31833– Reason: Secured Area. Status: Unutilized Landholding Agency: COE Bldg. 992 Reasons: Secured Area, Extensive Property Number: 31200430007 Hickam AFB deterioration.
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52879
Bldg. 3432 Hickam AFB Great Lakes Co: IL 60088– Hickam AFB Hickam Co: HI Landholding Agency: Navy Hickam AFB HI– Landholding Agency: Air Force Property Number: 77200530014 Landholding Agency: Air Force Property Number: 18200510016 Status: Excess Property Number: 18200330021 Status: Unutilized Reasons: Secured Area, Extensive Status: Unutilized Reasons: Floodway, Secured Area, deterioration. Reasons: Secured Area, Extensive Extensive deterioration. Indiana deterioration. Bldgs. 12, 14 Bldg. 3375 Kokee AFB Bldgs. 1871, 2636 Hickam AFB Kokee Co: HI– Naval Support Activity Hickam AFB HI– Landholding Agency: Air Force Crane Co: Martin IN 47522– Landholding Agency: Air Force Property Number: 18200510017 Landholding Agency: Navy Property Number: 18200330031 Status: Unutilized Property Number: 77200530015 Status: Unutilized Reasons: Secured Area, Extensive Status: Unutilized Reason: Secured Area. deterioration. Reasons: Within 2000 ft. of flammable Bldgs. 743, 1002, 6100 Bldg. 3389 or explosive material, Secured Area, Johnston Atoll Airfield Hickam AFB Extensive deterioration. Honolulu HI– Hickam Co: HI– Bldg. 21, VA Medical Center Landholding Agency: Air Force Landholding Agency: Air Force East 38th Street Property Number: 18200340013 Property Number: 18200520002 Marion Co: Grant IN 46952– Status: Unutilized Status: Unutilized Landholding Agency; VA Reasons: Within 2000 ft. of flammable Reasons: Secured Area, Extensive Property Number: 97199230001 or explosive material, Within airport deterioration. Status: Excess runway clear zone, Extensive Bldg. 4027 Reason: Extensive deterioration. deterioration. Hickam AFB Bldg. 22, VA Medical Center Bldgs. 1091, 1092 Hickam Co: HI– East 38th Street Hickam AFB Landholding Agency: Air Force Marion Co: Grant IN 46952– Hickam Co: HI– Property Number: 18200530003 Landholding Agency: VA Landholding Agency: Air Force Status: Unutilized Property Number: 97199230002 Property Number: 18200510011 Reasons: Secured Area, Extensive Status: Excess Status: Unutilized deterioration. Reason: Extensive deterioration. Reasons: Within airport runway clear Bldg. 62, VA Medical Center zone, Secured Area, Extensive Idaho East 38th Street deterioration. Bldg. 1328 Marion Co: Grant IN 46952– Bldg. 1864 Mountain Home AFB Landholding Agency: VA Hickam AFB Mountain Home Co: Elmore ID 83648– Property Number: 97199230003 Hickam Co: HI– Landholding Agency: Air Force Status: Excess Landholding Agency: Air Force Property Number: 18200240003 Reason: Extensive deterioration. Property Number: 18200510012 Status: Excess Status: Unutilized Reason: Within 2000 ft. of flammable or Iowa Reasons: Secured Area, Extensive explosive material. Bldg. B275 deterioration. Bldg. AFD0070 Sioux Gateway Airport Bldg. 2074 Albeni Falls Dam Sioux Co: Woodbury IA 51111– Hickam AFB Oldtown Co: Bonner ID 83822– Landholding Agency: Air Force Hickam Co: HI– Landholding Agency: COE Property Number: 18200530004 Landholding Agency: Air Force Property Number: 31199910001 Status: Excess Property Number: 18200510013 Status: Unutilized Reasons: Within 2000 ft. of flammable Status: Unutilized Reason: Extensive deterioration. or explosive material, Secured Area. Reasons: Secured Area, Extensive Treatment Plant deterioration. Illinois South Fork Park Bldg. 2174 Bldg. 3101 Mystic Co: Appanoose IA 52574– Hickam AFB Capital MAP, DCFT Landholding Agency: COE Hickam Co: HI– Springfield Co: Sangamon IL 62707– Property Number: 31200220002 Landholding Agency: Air Force Landholding Agency: Air Force Status: Excess Property Number: 18200510014 Property Number: 18200520003 Reason: Extensive deterioration. Status: Unutilized Status: Excess Storage Bldg. Reasons: Within 2000 ft. of flammable Reasons: Within 2000 ft. of flammable Rathbun Project or explosive material, Secured Area. or explosive material, Secured Area. Moravia Co: Appanoose IA 52571– Bldg. 3426 Bldg. 947 Landholding Agency: COE Hickam AFB FERMILAB Property Number: 31200330001 Hickam Co: HI– Batavia Co: DuPage IL 60510– Status: Excess Landholding Agency: Air Force Landholding Agency: Energy Reason: Extensive deterioration. Property Number: 18200510015 Property Number: 41200530004 Bldg. Status: Unutilized Status: Excess Island View Park Reasons: Floodway, Secured Area, Reason: Extensive deterioration. Rathbun Project Extensive deterioration. Bldg. 42 Centerville Co: Appanoose IA 52544– Bldg. 3431 Naval Station Landholding Agency: COE
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 52880 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Property Number: 31200330002 Reason: Extensive deterioration. Burlington Co: Coffey KS 66839–8911 Status: Excess Comfort Station Landholding Agency: COE Reason: Extensive deterioration. Clinton Lake Project Property Number: 31200340002 Tract 137 Lawrence Co: Douglas KS 66049– Status: Excess Camp Dodge Landholding Agency: COE Reason: Extensive deterioration. Johnston Co: Polk IA 50131–1902 Property Number: 31200220006 2 Bldgs. Landholding Agency: COE Status: Excess Canning Creek/Richey Cove Property Number: 31200410001 Reason: Extensive deterioration. Council Grove Co: Morris KS 66846– Status: Excess Privie 9322 Reason: Extensive deterioration. Perry Lake Landholding Agency: COE Rathbun 29369, 29368 Perry Co: Jefferson KS 66074– Property Number: 31200340003 Island View park Landholding Agency: COE Status: Excess Centerville Co: Appanoose IA 52544– Property Number: 31200310004 Reason: Extensive deterioration. Landholding Agency: COE Status: Unutilized 6 Bldgs. Property Number: 31200510003 Reason: Extensive deterioration. Santa Fe Trail/Outlet Channel Status: Excess Shower Council Grove Co: Morris KS 66846– Reason: Extensive deterioration. Perry Lake Landholding Agency: COE RTHBUN–79326 Perry Co: Jefferson KS 66073– Property Number: 31200340004 Buck Creek Park Landholding Agency: COE Status: Excess Centerville Co: Appanoose IA 52544– Property Number: 31200310005 Reason: Extensive deterioration. Landholding Agency: COE Status: Unutilized Residence Property Number: 31200520004 Reason: Extensive deterioration. Melvern Lake Project Status: Excess Tool Shed Melvern Co: Osage KS 66510– Reason: Extensive deterioration. Perry Lake Landholding Agency: COE Perry Co: Jefferson KS 66073– Property Number: 31200340005 Kansas Landholding Agency: COE Status: Excess No. 01017 Property Number: 31200310006 Reason: Extensive deterioration. Kanopolis Project Status: Unutilized 2 Bldgs. Marquette Co: Ellsworth KS 67456– Reason: Extensive deterioration. Management Park Landholding Agency: COE Bldg. M37 Vassar KS 66543– Property Number: 31200210001 Minooka Park Landholding Agency: COE Status: Unutilized Sylvan Grove Co: Russell KS 67481– Property Number: 31200340006 Reason: Extensive deterioration. Landholding Agency: COE Status: Excess No. 01020 Property Number: 31200320002 Reason: Extensive deterioration. Kanopolis Project Status: Excess Bldg. Marquette Co: Ellsworth KS 67456– Reason: Extensive deterioration. Hickory Campground Landholding Agency: COE Bldg. M38 Lawrence KS 66049– Property Number: 31200210002 Minooka Park Landholding Agency: COE Status: Unutilized Sylvan Grove Co: Russell KS 67481– Property Number: 31200340007 Reason: Extensive deterioration. Landholding Agency: COE Status: Excess No. 61001 Property Number: 31200320003 Reason: Extensive deterioration. Kanopolis Project Status: Excess Bldg. Marquette Co: Ellsworth KS 67456– Reason: Extensive deterioration. Rockhaven Park Area Landholding Agency: COE Bldg. L19 Lawrence KS 66049– Property Number: 31200210003 Lucas Park Landholding Agency: COE Status: Unutilized Sylvan Grove Co: Russell KS 67481– Property Number: 31200340008 Reason: Extensive deterioration. Landholding Agency: COE Status: Excess Bldg. #1 Property Number: 31200320004 Reason: Extensive deterioration. Kanopolis Project Status: Unutilized Bldg. Marquette Co: Ellsworth KS 67456– Reason: Extensive deterioration. Overlook Park Area Landholding Agency: COE 2 Bldgs. Lawrence KS 66049– Property Number: 31200220003 Tuttle Creek Lake Landholding Agency: COE Status: Excess Near Shelters #3 & #4 Property Number: 31200340009 Reason: Extensive deterioration. Riley KS 66502– Status: Excess Bldg. #2 Landholding Agency: COE Reason: Extensive deterioration. Kanopolis Project Property Number: 31200330003 Bldg. Marquette Co: Ellsworth KS 67456– Status: Excess Walnut Campground Landholding Agency: COE Reason: Extensive deterioration. Lawrence KS 66049– Property Number: 31200220004 6 Bldgs. Landholding Agency: COE Status: Excess Cottonwood Point/Hillsboro Cove Property Number: 31200340010 Reason: Extensive deterioration. Marion Co: Coffey KS 66861– Status: Excess Bldg. #4 Landholding Agency: COE Reason: Extensive deterioration. Kanopolis Project Property Number: 31200340001 Bldg. Marquette Co: Ellsworth KS 67456– Status: Excess Cedar Ridge Campground Landholding Agency: COE Reason: Extensive deterioration. Lawrence KS 66049– Property Number: 31200220005 20 Bldgs. Landholding Agency: COE Status: Excess Riverside Property Number: 31200340011
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52881
Status: Excess Junction City Co: KS 66441– Property Number: 31200530005 Reason: Extensive deterioration. Landholding Agency: COE Status: Excess Bldg. Property Number: 31200430012 Reason: Extensive deterioration. Woodridge Park Area Status: Excess Bldgs. L05, L06 Lawrence KS 66049– Reason: Extensive deterioration. Lucas Park Overlook Landholding Agency: COE 3 Vault Toilets Sylvan Grove Co: KS 67481– Property Number: 31200340012 West Rolling Hills Landholding Agency: COE Status: Excess Milford Lake Property Number: 31200530006 Reason: Extensive deterioration. Junction City Co: KS 66441– Status: Excess 8 Bldgs. Landholding Agency: COE Reason: Extensive deterioration. Tuttle Cove Park Property Number: 31200440003 Kentucky Manhattan Co: Riley KS 66502– Status: Excess Spring House Landholding Agency: COE Reason: Extensive deterioration. Kentucky River Lock and Dam No. 1 Property Number: 31200410002 Vault Toilet Highway 320 Status: Unutilized East Rolling Hills Carrollton Co: Carroll KY 41008– Reason: Extensive deterioration. Milford Lake Landholding Agency: COE 2 Bldgs. Junction City Co: KS 66441 Property Number: 21199040416 Old Garrison Campground Landholding Agency: COE Status: Unutilized Pottawatomie KS– Property Number: 31200440004 Reason: Spring House. Landholding Agency: COE Status: Excess 6-Room Dwelling Property Number: 31200410003 Reason: Extensive deterioration. Green River Lock and Dam No. 3 Status: Unutilized Bldgs. 25002, 35012 Rochester Co: Butler KY 42273– Reason: Extensive deterioration. Lucas Park Location: Off State Hwy 369, which 2 Bldgs. Sylvan Grove Co: KS 67481– runs off of Western Ky. Parkway School Creek ORV Area Landholding Agency: COE Landholding Agency: COE Junction City KS 66441– Property Number: 31200510004 Property Number: 31199120010 Landholding Agency: COE Status: Excess Status: Unutilized Property Number: 31200410004 Reason: Extensive deterioration. Reason: Floodway. Status: Excess Bldgs. 25006, 25038 2-Car Garage Reason: Extensive deterioration. Lucas Group Camp Green River Lock and Dam No. 3 Bldg. Sylvan Grove Co: KS 67481– Rochester Co: Butler KY 42273– Slough Creek Park Landholding Agency: COE Location: Off State Hwy 369, which Perry Co: Jefferson KS 66073– Property Number: 31200510005 runs off of Western Ky. Parkway Landholding Agency: COE Status: Excess Landholding Agency: COE Property Number: 31200410005 Reason: Extensive deterioration. Property Number: 31199120011 Status: Excess Bldgs. L37, L38 Status: Unutilized Reason: Extensive deterioration. Lucas Park Reason: Floodway. Bldg. Sylvan Grove Co: KS 67481– Office and Warehouse Spillway Boat Ramp Landholding Agency: COE Green River Lock and Dam No. 3 Sylvan Grove Co: KS 67481– Property Number: 31200520005 Rochester Co: Butler KY 42273– Landholding Agency: COE Status: Excess Location: Off State Hwy 369, which Property Number: 31200430008 Reason: Extensive deterioration. runs off of Western Ky. Parkway Status: Excess 2 Bldgs. Landholding Agency: COE Reason: Extensive deterioration. Mann’s Cove PUA Property Number: 31199120012 Bldg. Fall River Co: Greenwood KS 67047– Status: Unutilized Minooka Park Area Landholding Agency: COE Reason: Floodway. Sylvan Grove Co: KS 67481– Property Number: 31200530002 2 Pit Toilets Landholding Agency: COE Status: Excess Green River Lock and Dam No. 3 Property Number: 31200430009 Reason: Extensive deterioration. Rochester Co: Butler KY 42273– Status: Excess 16 Bldgs. Landholding Agency: COE Reason: Extensive deterioration. Cottonwood Point Property Number: 31199120013 Bldg. Marion Co: KS– Status: Unutilized Lucas Park Area Landholding Agency: COE Reason: Floodway. Sylvan Grove Co: KS 67481– Property Number: 31200530003 Tract 1379 Landholding Agency: COE Status: Excess Barkley Lake & Dam Property Number: 31200430010 Reason: Extensive deterioration. Eddyville Co: Lyon KY 42038– Status: Excess 3 Bldgs. Landholding Agency: COE Reason: Extensive deterioration. Damsite PUA Property Number: 31200420001 Bldg. Fall River Co: Greenwood KS 67047– Status: Unutilized Sylvan Park Area Landholding Agency: COE Reason: landlocked. Sylvan Grove Co: KS 67481– Property Number: 31200530004 Tract 4300 Landholding Agency: COE Status: Excess Barkley Lake & Dam Property Number: 31200430011 Reason: Extensive deterioration. Cadiz Co: Trigg KY 42211– Status: Excess 2 Bldgs. Landholding Agency: COE Reason: Extensive deterioration. Damsite PUA Property Number: 31200420002 Bldg. Fall River Co: Greenwood KS 6047– Status: Unutilized North Outlet Area Landholding Agency: COE Reason: Floodway.
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 52882 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Tracts 317, 318, 319 Kent MD Reasons: Within 2000 ft. of flammable Barkley Lake & Dam Landholding Agency: GSA or explosive material Grand Rivers Co: Lyon KY 42045– Property Number: 54200330002 Secured Area. Landholding Agency: COE Status: Excess Bldgs. 19–22 Property Number: 31200420003 Reason: not accessible ANG CRTC Status: Unutilized GSA Number: 4–U–MD–0612. Gulfport Co: Harrison MS 39507– Reason: Floodway. Bldgs. 146B, 146C, 146D, 146E Landholding Agency: Air Force Comfort Station U.S. Naval Academy Property Number: 18200520005 Holmes Bend Access Annapolis Co: Anne Arundel MD Status: Unutilized Green River Lake 21402– Reasons: Within 2000 ft. of flammable Adair Co: KY– Landholding Agency: Navy or explosive material Landholding Agency: COE Property Number: 77200530016 Secured Area. Property Number: 31200440005 Status: Excess Bldg. 38 Status: Excess Reason: Extensive deterioration. ANG CRTC Reason: Extensive deterioration. Gulfport Co: Harrison MS 39507– Massachusetts Steel Structure Landholding Agency: Air Force Mcalpine Locks & Dam Annex 2 Bldg. Property Number: 18200520006 Louisville Co: KY 40212– MIT Labs 246 Wood Street Status: Unutilized Landholding Agency: COE Lexington Co: MA Reasons: Within 2000 ft. of flammable Property Number: 31200440006 Landholding Agency: GSA or explosive material Status: Excess Property Number: 54200530008 Secured Area. Reasons: Within 2000 ft. of flammable Status: Excess Bldg. 6, Boiler Plant or explosive material, Floodway. Reason: Secured Area Biloxi VA Medical Center GSA Number: 1–D–MA094. Comfort Station Gulfport Co: Harrison MS 39531– Mcalpine Locks & Dam Westview Street Wells Landholding Agency: VA Louisville Co: KY 40212– Lexington MA 02173– Property Number: 97199410001 Landholding Agency: COE Landholding Agency: VA Status: Unutilized Property Number: 31200440007 Property Number: 97199920001 Reason: Floodway. Status: Excess Status: Unutilized Bldg. 67 Reasons: Within 2000 ft. of flammable Reason: Extensive deterioration. Biloxi VA Medical Center or explosive material, Floodway. Michigan Gulfport Co: Harrison MS 39531– Shelter Landholding Agency: VA U.S. Coast Guard Station Property Number: 97199410008 Mcalpine Locks & Dam 101 South Lakeshore Drive Louisville Co: KY 40212– Status: Unutilized Ludington Co: Mason MI 49431– Reason: Extensive deterioration. Landholding Agency: COE Landholding Agency: GSA Bldg. 68 Property Number: 31200440008 Property Number: 54200510012 Biloxi VA Medical Center Status: Excess Status: Surplus Gulfport Co: Harrison MS 39531– Reasons: Within 2000 ft. of flammable Reason: Within 2000 ft. of flammable or Landholding Agency: VA or explosive material, Floodway. explosive material GSA Number: 1– Property Number: 97199410009 Parking Lot U–MI–537–D. Mcalpine Locks & Dam Status: Unutilized Admin. Bldg. Reason: Extensive deterioration. Louisville Co: KY 40212– Station Saginaw River Landholding Agency: COE Essexville Co: Bay MI 48732– Missouri Property Number: 31200440009 Landholding Agency: Coast Guard Status: Excess Rec Office Property Number: 88200510001 Harry S. Truman Dam & Reservoir Reasons: Within 2000 ft. of flammable Status: Unutilized or explosive material, Floodway. Osceola Co: St. Clair MO 64776– Reasons: Secured Area, Extensive Landholding Agency: COE Sewage Treatment Plant deterioration. Property Number: 31200110001 Holmes Bend Recreation Minnesota Status: Unutilized Campbellsville Co: KY 42718–9805 Reason: Extensive deterioration. Landholding Agency: COE Parcel B Privy/Nemo Park Property Number: 31200510006 Twin Cities Army Ammunition Plant Pomme de Terre Lake Status: Unutilized Arden Hills MN 55112–3938 Hermitage MO 65668– Reason: Extensive deterioration. Landholding Agency: GSA Landholding Agency: COE Property Number: 54200240015 Property Number: 31200120001 Louisiana Status: Excess Status: Excess Weeks Island Facility Reason: Within 2000 ft. of flammable or Reason: Extensive deterioration. New Iberia Co: LA 70560– explosive material Landholding Agency: GSA GSA Number: 1–D–MN–0578B. Privy No. 1/Bolivar Park Property Number: 54200530005 Pomme de Terre Lake Mississippi Status: Excess Hermitage MO 65668– Reason: Extensive deterioration Bldg. 6 Landholding Agency: COE GSA Number: 7–B–LA–0563. ANG CRTC Property Number: 31200120002 Gulfport Co: Harrison MS 39507– Status: Excess Maryland Landholding Agency: Air Force Reason: Extensive deterioration. Bloody Pt Bar Lighthouse Property Number: 18200520004 Privy No. 2/Bolivar Park Chesapeake Bay Status: Unutilized Pomme de Terre Lake
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52883
Hermitage MO 65668– Thurnau Mitigation Site Property Number: 31200510008 Landholding Agency: COE Craig Co: Holt MO 64437– Status: Excess Property Number: 31200120003 Landholding Agency: COE Reason: Extensive deterioration. Status: Excess Property Number: 31200420010 Bldgs. 34016, 34017 Reason: Extensive deterioration. Status: Unutilized Orleans Trail Park #07004, 60006, 60007 Reason: Extensive deterioration. Stockton Co: MO 65785– Crabtree Cove/Stockton Area Tract 1111 Landholding Agency: COE Stockton MO 65785– Thurnau Mitigation Site Property Number: 31200510009 Landholding Agency: COE Craig Co: Holt MO 64437– Status: Excess Property Number: 31200220007 Landholding Agency: COE Reason: Extensive deterioration. Status: Excess Property Number: 31200420011 Bldg. 3 Reason: Extensive deterioration. Status: Excess VA Medical Center Bldg. Reason: Extensive deterioration. Jefferson Barracks Division Old Mill Park Area Shower St. Louis MO 63125– Stockton MO 65785– Pomme de Terre Lake Landholding Agency: VA Landholding Agency: COE Hermitage Co: Polk MO 65668– Property Number: 97200340001 Property Number: 31200310007 Landholding Agency: COE Status: Underutilized Status: Excess Property Number: 31200420012 Reason: Secured Area. Reason: Extensive deterioration. Status: Unutilized Bldg. 4 Stockton Lake Proj. Ofc. Reason: Extensive deterioration. VA Medical Center Stockton Co: Cedar MO 65785– 11 Bldgs. Jefferson Barracks Division Landholding Agency: COE Warsaw Co: MO 65355– St. Louis MO 63125 Property Number: 31200330004 Location: Fairfield, Tally Bend, Cooper Landholding Agency: VA Status: Unutilized Creek, Shawnee Bend Property Number: 97200340002 Reason: Extensive deterioration. Landholding Agency: COE Status: Underutilized House Property Number: 31200430013 Reason: Secured Area. Tract 1105 Status: Excess Bldg. 27 Thurnau Mitigation Site Reason: Extensive deterioration. VA Medical Center Craig Co: Holt MO 64437– 2 Storage Bldgs. Jefferson Barracks Division Landholding Agency: COE District Service Base St. Louis MO 63125– Property Number: 31200420005 St. Louis Co: MO – Landholding Agency: VA Status: Unutilized Landholding Agency: COE Property Number: 97200340003 Reason: Extensive deterioration. Property Number: 31200430014 Status: Underutilized 30x36 Barn Status: Excess Reason: Secured Area. Tract 1105 Reason: Extensive deterioration. Bldg. 28 Thurnau Mitigation Site Privy VA Medical Center Craig Co: Holt MO 64437– Pomme de Terre Lake Jefferson Barracks Division Landholding Agency: COE Wheatland Co: Hickory MO St. Louis MO 63125– Property Number: 31200420006 Landholding Agency: COE Landholding Agency: VA Status: Unutilized Property Number: 31200440010 Property Number: 97200340004 Reason: Extensive deterioration. Status: Underutilized Status: Underutilized 30x26 Barn Reason: Floodway. Reason: Secured Area. Tract 1105 Vault Toilet Bldg. 29 Thurnau Mitigation Site Ruark Bluff VA Medical Center Craig Co: Holt MO 64437– Stockton Co: MO Jefferson Barracks Division Landholding Agency: COE Landholding Agency: COE St. Louis MO 63125– Property Number: 31200420007 Property Number: 31200440011 Landholding Agency: VA Status: Unutilized Status: Excess Property Number: 97200340005 Reason: Extensive deterioration. Reason: Extensive deterioration. Status: Underutilized 30x10 Shed Comfort Station Reason: Secured Area. Tract 1105 Overlook Area Bldg. 50 Thurnau Mitigation Site Stockton Co: MO VA Medical Center Craig Co: Holt MO 64437– Landholding Agency: COE Jefferson Barracks Division Landholding Agency: COE Property Number: 31200440012 St. Louis MO 63125– Property Number: 31200420008 Status: Excess Landholding Agency: VA Status: Unutilized Reason: Extensive deterioration. Property Number: 97200340006 Reason: Extensive deterioration. Maintenance Building Status: Underutilized 30x26 Shed Missouri River Area Reason: Secured Area. Tract 1105 Napoleon Co: Lafayette MO 64074– Thurnau Mitigation Site Landholding Agency: COE Montana Craig Co: Holt MO 64437– Property Number: 31200510007 Bldg. 547 Landholding Agency: COE Status: Excess Malmstrom AFB Property Number: 31200420009 Reason: Floodway. Malmstrom AFB Co: Cascade MT Status: Unutilized Bldg. 34001 59402– Reason: Extensive deterioration. Orleans Trail Park Landholding Agency: Air Force 9x9 Shed Stockton Co: MO 65785– Property Number: 18200240004 Tract 1105 Landholding Agency: COE Status: Unutilized
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 52884 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Reasons: Within 2000 ft. of flammable Property Number: 31200210007 Property Number: 18200230011 or explosive material, Secured Area. Status: Unutilized Status: Unutilized Bldg. 1084 Reason: Extensive deterioration. Reason: Secured Area. Malmstrom AFB #30004 Bldg. 14270 Malmstrom AFB Co: Cascade MT Harlan County Project Cannon AFB 59402– Republican Co: Harlan NE 68971– Cannon AFB Co: Curry NM Landholding Agency: Air Force Landholding Agency: COE Landholding Agency: Air Force Property Number: 18200240006 Property Number: 31200220008 Property Number: 18200230012 Status: Unutilized Status: Unutilized Status: Unutilized Reasons: Within 2000 ft. of flammable Reason: Extensive deterioration. Reason: Secured Area. or explosive material, Secured Area. #3005, 3006 Bldg. 14330 Bldg. 2025 Harlan County Project Cannon AFB Malmstrom AFB Republican Co: Harlan NE 68971– Cannon AFB Co: Curry NM Malmstrom AFB Co: Cascade MT Landholding Agency: COE Landholding Agency: Air Force 59402– Property Number: 31200220009 Property Number: 18200230013 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 18200240007 Reason: Extensive deterioration. Reason: Secured Area. Status: Unutilized Bldgs. 70001, 70002 Bldg. 14350 Reason: Secured Area. South Outlet Park Cannon AFB Bldg. 1700 Republican City Co: NE – Cannon AFB Co: Curry NM Malmstrom AFB Landholding Agency: COE Landholding Agency: Air Force Malmstrom AFB Co: Cascade MT Property Number: 31200510010 Property Number: 18200230014 59402– Status: Excess Status: Unutilized Landholding Agency: Air Force Reason: Extensive deterioration. Reason: Secured Area. Property Number: 18200330022 Nevada Bldg. 14370 Status: Unutilized Cannon AFB Reasons: Within 2000 ft. of flammable 6 Bldgs. Cannon AFB Co: Curry NM or explosive material, Secured Area, Dale Street Complex 300, 400, 500, 600, Landholding Agency: Air Force Extensive deterioration. Block Bldg, Valve House Property Number: 18200230015 Boulder City NV 89005– Bldg. 546 Status: Unutilized Landholding Agency: GSA Malmstrom AFB Reason: Secured Area. Property Number: 54200020017 Cascade Co: MT 59402– Bldg. 14390 Status: Excess Landholding Agency: Air Force Cannon AFB Reason: Extensive deterioration. Property Number: 18200520007 Cannon AFB Co: Curry NM GSA Number: LC–00–01–RP Status: Unutilized Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable New Hampshire Property Number: 18200230016 or explosive material, Secured Area. Status: Unutilized CRREL Greenhouse Reason: Secured Area. Bldg. 33 Lyme Road Great Falls IAP Hanover Co: Grafton NH 03755– Bldg. 524 Cascade Co: MT 59404– Landholding Agency: GSA Holloman AFB Landholding Agency: Air Force Property Number: 54200520009 Otero NM 88330– Property Number: 18200530005 Status: Excess Landholding Agency: Air Force Status: Underutilized Reason: Extensive deterioration. Property Number: 18200330024 Reasons: Within 2000 ft. of flammable GSA Number: 1–D–NH–496. Status: Unutilized or explosive material, Secured Area. Reasons: Within 2000 ft. of flammable Bldg. 314 New Jersey or explosive material Secured Area. Great Falls IAP Former NIKE Missile Battery Bldg. 1076 Cascade Co: MT 59404– Site PH–58 Holloman AFB Landholding Agency: Air Force Woolwich Co: Gloucester NJ Otero NM 88330– Property Number: 18200530006 Landholding Agency: GSA Landholding Agency: Air Force Status: Underutilized Property Number: 54200310012 Property Number: 18200330025 Reasons: Status: Excess Status: Unutilized Within 2000 ft. of flammable or Reason: Extensive deterioration. Reasons: Secured Area Extensive explosive material, Secured Area. GSA Number: 1–GR–NJ–0538. deterioration. Bldg. 1190 Nebraska New Mexico Holloman AFB Vault Toilets Bldg. 14170 Otero NM 88330– Harlan County Project Cannon AFB Landholding Agency: Air Force Republican NE 68971– Cannon AFB Co: Curry NM. Property Number: 18200330026 Landholding Agency: COE Landholding Agency: Air Force Status: Unutilized Property Number: 31200210006 Property Number: 18200230010 Reasons: Secured Area Extensive Status: Unutilized Status: Unutilized deterioration. Reason: Extensive deterioration. Reason: Secured Area. Bldg. 1264 Patterson Treatment Plant Bldg. 14240 Holloman AFB Harlan County Project Cannon AFB Otero NM 88330– Republican NE 68971– Cannon AFB NM Landholding Agency: Air Force Landholding Agency: COE Landholding Agency: Air Force Property Number: 18200330027
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52885
Status: Unutilized Kirtland AFB Property Number: 18200220007 Reason: Secured Area. Kirtland AFB Co: Bernalillo NM 87117– Status: Unutilized Bldg. 5001 5663 Reason: Extensive deterioration. Holloman AFB Landholding Agency: Air Force Bldg. 109 Otero NM 88330– Property Number: 18200340020 Youngstown Test Annex Landholding Agency: Air Force Status: Unutilized Porter Co: Niagara NY Property Number: 18200330028 Reasons: Secured Area Extensive Landholding Agency: Air Force Status: Unutilized deterioration. Property Number: 18200220008 Reason: Secured Area. Bldg. 57005 Status: Unutilized Bldg. 5012 Kirtland AFB Reason: Extensive deterioration. Holloman AFB Kirtland AFB Co: Bernalillo NM 87117– Bldg. 116 Otero NM 88330– 5663 Youngstown Test Annex Landholding Agency: Air Force Landholding Agency: Air Force Porter Co: Niagara NY Property Number: 18200330029 Property Number: 18200340021 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 18200220009 Reason: Secured Area. Reasons: Secured Area Extensive Status: Unutilized Bldg. 615 deterioration. Reason: Extensive deterioration. Kirtland AFB Bldgs. 57006, 57013 Bldg. 276 Kirtland AFB Co: Bernalillo NM 87117– Kirtland AFB 106th RQW 5663 Kirtland AFB Co: Bernalillo NM 87117– Westhamton Beach Co: Suffolk NY Landholding Agency: Air Force 5663 11978– Property Number: 18200340014 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 18200340022 Property Number: 18200520008 Reasons: Secured Area Extensive Status: Unutilized Status: Excess deterioration. Reasons: Secured Area Extensive Reason: Secured Area. Bldg. 736 deterioration. Bldgs. 442, 465, 466 Kirtland AFB Bldgs. 10, 11 Hancock Field Kirtland AFB Co: Bernalillo NM 87117– Holloman AFB Syracuse Co: Onondaga NY 13211– 5663 Holloman Co: Otero NM 88330– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 18200530007 Property Number: 18200340015 Property Number: 18200410005 Status: Unutilized Status: Unutilized Status: Unutilized Reasons: Secured Area Extensive Reason: Secured Area. Reason: Secured Area. deterioration. Warehouse Bldg. 1013 New York Kirtland AFB Whitney Lake Project Kirtland AFB Co: Bernalillo NM 87117– 6 UG Missile Silos Whitney Point Co: Broome NY 13862– 5663 Youngstown Test Annex 0706 Landholding Agency: Air Force Porter Co: Niagara NY Landholding Agency: COE Property Number: 18200340016 Landholding Agency: Air Force Property Number: 31199630007 Status: Unutilized Property Number: 18200220003 Status: Unutilized Reason: Secured Area. Status: Unutilized Reason: Extensive deterioration. Bldg. 20419 Reason: Extensive deterioration. Bldgs/Pier/Field Kirtland AFB Bldg. 100 USCG/Ft. Totten Kirtland AFB Co: Bernalillo NM 87117– Youngstown Test Annex Borough of Queens Co: Flushing NY 5663 Porter Co: Niagara NY Landholding Agency: GSA Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 54200320015 Property Number: 18200340017 Property Number: 18200220004 Status: Surplus Status: Unutilized Status: Unutilized Reason: contamination. Reason: Secured Area. Reason: Extensive deterioration. GSA Number: 1–U–NY–882. Bldgs. 29014, 29016, 29017 Bldg. 101 North Carolina Kirtland AFB Youngstown Test Annex Bldg. 9 Kirtland AFB Co: Bernalillo NM 87117– Porter Co: Niagara NY VA Medical Center 5663 Landholding Agency: Air Force 1100 Tunnel Road Landholding Agency: Air Force Property Number: 18200220005 Asheville Co: Buncombe NC 28805– Property Number: 18200340018 Status: Unutilized Landholding Agency: VA Status: Unutilized Reason: Extensive deterioration. Property Number: 97199010008 Reasons: Secured Area Extensive Bldg. 104 Status: Unutilized deterioration. Youngstown Test Annex Reason: Extensive deterioration. Bldg. 30102 Porter Co: Niagara NY Kirtland AFAB Landholding Agency: Air Force Ohio Kirtland AFB Co: Bernalillo NM 87117– Property Number: 18200220006 Army Reserve Activity #56 5663 Status: Unutilized Jack Gibbs Blvd. Landholding Agency: Air Force Reason: Extensive deterioration. Columbus Co: OH 43215–1795 Property Number: 18200340019 Bldg. 107 Landholding Agency: GSA Status: Unutilized Youngstown Test Annex Property Number: 54200520008 Reason: Secured Area. Porter Co: Niagara NY Status: Surplus Bldgs. 37532, 37534 Landholding Agency: Air Force Reason: Extensive deterioration.
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 52886 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
GSA Number: 1–D–OH–05832A. Juniper Point PUA Status: Excess Bldg. 105 Stigler Co: McIntosh OK 74462–9440 Reason: Extensive deterioration. VA Medical Center Landholding Agency: COE 40 Bldgs. Dayton Co: Montgomery OH 45428– Property Number: 31200240016 Eufaula Lake Landholding Agency: VA Status: Excess Stigler OK 74462–5135 Property Number: 97199920005 Reason: Extensive deterioration. Landholding Agency: COE Status: Unutilized Comfort Station Property Number: 31200340021 Reason: Extensive deterioration. Brooken Cove PUA Status: Excess Stigler Co: McIntosh OK 74462–9440 Reason: Extensive deterioration. Oklahoma Landholding Agency: COE 2 Bldgs. Comfort Station Property Number: 31200240017 Holiday Cove LeFlore Landing PUA Status: Excess Stigler OK 74462–5135 Sallisaw Co: LeFlore OK 74955–9445 Reason: Extensive deterioration. Landholding Agency: COE Landholding Agency: COE 2 Bldgs. Property Number: 31200340022 Property Number: 31200240008 Outlet Channel/Walker Creek Status: Excess Status: Excess Waurika OK 73573–0029 Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: COE 18 Bldgs. Comfort Station Property Number: 31200340013 Fort Gibson Braden Bend PUA Status: Excess Ft. Gibson Co: Wagoner OK 74434–0370 Sallisaw Co: LeFlore OK 74955–9445 Reason: Extensive deterioration. Landholding Agency: COE Landholding Agency: COE 2 Bldgs. Property Number: 31200340023 Property Number: 31200240009 Damsite South Status: Excess Status: Excess Stigler OK 74462–9440 Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: COE 2 Bldgs. Water Treatment Plant Property Number: 31200340014 Fort Supply Salt Creek Cove Status: Excess Ft. Supply Co: Woodward OK 73841– Sawyer Co: Choctaw OK 74756–0099 Reason: Extensive deterioration. 0248 Landholding Agency: COE 19 Bldgs. Landholding Agency: COE Property Number: 31200240010 Kaw Lake Property Number: 31200340024 Status: Excess Ponca City OK 74601–9962 Status: Excess Reason: Extensive deterioration. Landholding Agency: COE Reason: Extensive deterioration. Water Treatment Plant Property Number: 31200340015 Game Bird House Wilson Point Status: Excess Fort Supply Lake Sawyer Co: Choctaw OK 74756–0099 Reason: Extensive deterioration. Ft. Supply Co: Woodward OK 73841– Landholding Agency: COE 30 Bldgs. 0248 Property Number: 31200240011 Keystone Lake Landholding Agency: COE Status: Excess Sand Springs OK 74063–9338 Property Number: 31200340025 Reason: Extensive deterioration. Landholding Agency: COE Status: Excess 2 Comfort Stations Property Number: 31200340016 Reason: Extensive deterioration. Landing PUA/Juniper Point PUA Status: Excess 11 Bldgs. Stigler Co: McIntosh OK 74462–9440 Reason: Extensive deterioration. Hugo Lake Landholding Agency: COE 13 Bldgs. Sawyer OK 74756–0099 Property Number: 31200240012 Oologah Lake Landholding Agency: COE Status: Excess Oologah OK 74053–0700 Property Number: 31200340026 Reason: Extensive deterioration. Landholding Agency: COE Status: Excess Filter Plant/Pumphouse Property Number: 31200340017 Reason: Extensive deterioration. South PUA Status: Excess 5 Bldgs. Stigler Co: McIntosh OK 74462–9440 Reason: Extensive deterioration. Birch Cove/Twin Cove Landholding Agency: COE 14 Bldgs. Skiatook OK 74070–9803 Property Number: 31200240013 Pine Creek Lake Landholding Agency: COE Status: Excess Valliant OK 74764–9801 Property Number: 31200340027 Reason: Extensive deterioration. Landholding Agency: COE Status: Excess Filter Plant/Pumphouse Property Number: 31200340018 Reason: Extensive deterioration. North PUA Status: Excess 2 Bldgs. Stigler Co: McIntosh OK 74462–9440 Reason: Extensive deterioration. Fairview Group Camp Landholding Agency: COE 6 Bldgs. Canton OK 73724–0069 Property Number: 31200240014 Sardis Lake Landholding Agency: COE Status: Excess Clayton OK 74536–9729 Property Number: 31200340028 Reason: Extensive deterioration. Landholding Agency: COE Status: Excess Filter Plant/Pumphouse Property Number: 31200340019 Reason: Extensive deterioration. Juniper Point PUA Status: Excess 2 Bldgs. Stigler Co: McIntosh OK 74462–9440 Reason: Extensive deterioration. Chouteau & D Bluff Landholding Agency: COE 24 Bldgs. Gore Co: Wagoner OK 74935–9404 Property Number: 31200240015 Skiatook Lake Landholding Agency: COE Status: Excess Skiatook OK 74070–9803 Property Number: 31200340029 Reason: Extensive deterioration. Landholding Agency: COE Status: Excess Comfort Station Property Number: 31200340020 Reason: Extensive deterioration.
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52887
2 Bldgs. Property Number: 31200530012 Rogue River Newt Graham L&D Status: Excess Gold Beach Co: Curry OR 97444– Gore OK 74935–9404 Reason: Extensive deterioration. Landholding Agency: COE Landholding Agency: COE Bldg. Property Number: 31200430015 Property Number: 31200340030 Lake Office Status: Excess Status: Excess Ft. Supply Co: Woodward OK 73841– Reason: Floodway. Reason: Extensive deterioration. Landholding Agency: COE 2 Trailers 6 Bldgs. Property Number: 31200530013 John Day Project Damsite/Fisherman’s Landing Status: Excess #1 West Marine Drive Sallisaw OK 74955–9445 Reason: Extensive deterioration. Boardman Co: Morrow OR 97818– Landholding Agency: COE 4 Bldgs. Landholding Agency: COE Property Number: 31200340031 Overlook PUA Property Number: 31200510012 Status: Excess Ft. Supply Co: Texas OK 73841– Status: Unutilized Reason: Extensive deterioration. Landholding Agency: COE Reason: Extensive deterioration. Property Number: 31200530014 10 Bldgs. Status: Excess South Carolina Webbers Falls Lake Reason: Extensive deterioration. Gore OK 74435–5541 Bldg. 277 Landholding Agency: COE Bldg. McEntire Air National Station Property Number: 31200340032 Hugo Lake Eastover Co: Richland SC 29044– Status: Excess Sawyer Co: Chocktaw OK 74756– Landholding Agency: Air Force Landholding Agency: COE Reason: Extensive deterioration. Property Number: 18200520009 Property Number: 31200530015 14 Bldgs. Status: Unutilized Status: Excess Reasons: Secured Area, Extensive Copan Lake Reason: Extensive deterioration. deterioration. Copan OK 74022–9762 2 Bldgs. Landholding Agency: COE Sarge Creek PUA Bldg. 277 Property Number: 31200340033 Ponca City Co: Kay OK 74601– McEntire Air Natl Station Status: Excess Landholding Agency: COE Eastover Co: Richland SC 29044– Reason: Extensive deterioration. Property Number: 31200530016 Landholding Agency: Air Force Bldg. Status: Excess Property Number: 18200530008 Lower Storage Yard Reason: Extensive deterioration. Status: Unutilized Skiatook Co: Osage OK 74070– 5 Bldgs. Reasons: Secured Area, Extensive Landholding Agency: COE Hawthorne Bluff deterioration. Property Number: 31200530007 Oologah Co: Rogers OK 74053– Bldg. 5 Status: Excess Landholding Agency: COE J. Strom Thurmond Project Reason: Extensive deterioration. Property Number: 31200530017 Clarks Hill Co: McCormick SC 29821– 3 Bldgs. Status: Excess Landholding Agency: COE Birch Cove PUA Reason: Extensive deterioration. Property Number: 31200520007 Skiatook Co: Osage OK 74070– 12 Bldgs. Status: Unutilized Landholding Agency: COE Trout Stream PUAs Reason: Extensive deterioration. Property Number: 31200530008 Gore Co: Sequoyah OK 74435– Bldg. 102 Status: Excess Landholding Agency: COE Marine Corps Recruit Depot Reason: Extensive deterioration. Property Number: 31200530018 Parris Island Co: Beaufort SC 29905– Bldg. Status: Excess Landholding Agency: Navy Canadian Public Use Area Reason: Extensive deterioration. Property Number: 77200530017 Canton Co: Blaine OK 73724– 14 Bldgs. Status: Unutilized Landholding Agency: COE Chicken Creek PUAs Reasons: Floodway, Secured Area, Property Number: 31200530009 Gore Co: Cherokee OK 74435– Extensive deterioration. Status: Excess Landholding Agency: COE Reason: Extensive deterioration. Property Number: 31200530019 South Dakota Status: Excess Bldg. 6000 3 Bldgs. Reason: Extensive deterioration. Porum Landing PUA Ellsworth AFB Stigler Co: McIntosh OK 74462– 4 Bldgs. Meade Co: SD 57706– Snake Creek Area Landholding Agency: COE Landholding Agency: Air Force Gore Co: Sequoyah OK 74435– Property Number: 31200530010 Property Number: 18200510021 Landholding Agency: COE Status: Underutilized Status: Excess Property Number: 31200530020 Reason: Secured Area. Reason: Extensive deterioration. Status: Excess 2 Bldgs. Reason: Extensive deterioration. Bldgs. 7437, 7513, 7616 Taylor Ferry 3 Bldgs. Ellsworth AFB Ft. Gibson Co: Wagoner OK 74434– Brewer’s Bend Meade Co: SD 57706– Landholding Agency: COE Gore Co: Muskogee OK 74435– Landholding Agency: Air Force Property Number: 31200530011 Landholding Agency: COE Property Number: 18200530009 Status: Excess Property Number: 31200530021 Status: Unutilized Reason: Extensive deterioration. Status: Excess Reason: Secured Area. 2 Bldgs. Reason: Extensive deterioration. Mobile Home Bluff/Afton Landing Tract L–1295 Ft. Gibson Co: Wagoner OK 74434– Oregon Oahe Dam Landholding Agency: COE 2 Floating Docks Potter SD 00000–
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 52888 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Landholding Agency: COE Property Number: 54200440013 Naval Air Station Property Number: 31200030001 Status: Surplus Craney Island Fuel Terminal Status: Excess Reason: Within 2000 ft. of flammable or Portsmouth Co: VA– Reason: Extensive deterioration. explosive material Landholding Agency: Navy GSA Number: 4DTN05943T. Property Number: 77200530020 Tennessee Bldgs. 2, 3, 5 Status: Excess Bldg. 204 Naval/Marine Corps Rsv Ctr Reasons: Floodway, Secured Area. Cordell Hull Lake and Dam Project. Knoxville Co: Knox TN 37920– Bldgs. CI33, CI34 Defeated Creek Recreation Area Landholding Agency: Navy Naval Air Station Carthage Co: Smith TN 37030– Property Number: 77200530018 Craney Island Fuel Terminal Location: US Highway 85 Status: Unutilized Portsmouth Co: VA– Landholding Agency: COE Reasons: Secured Area, Extensive Landholding Agency: Navy Property Number: 31199011499 deterioration. Property Number: 77200530021 Status: Unutilized Texas Status: Excess Reason: Floodway. Reasons: Floodway, Secured Area. Tract 2618 (Portion) Bldg. 1307 4 Bldgs. Cordell Hull Lake and Dam Project Hensley Field ANG Station Naval Air Station Dallas TX 75211–9820 Roaring River Recreation Area Craney Island Fuel Terminal Landholding Agency: Air Force Gainesboro Co: Jackson TN 38562– Portsmouth Co: VA– Property Number: 18200330030 Location: TN Highway 135 Location: CI89, CI90, CI93A, CI95 Status: Excess Landholding Agency: COE Landholding Agency: Navy Reason: Extensive deterioration. Property Number: 31199011503 Property Number: 77200530022 Status: Underutilized Bldgs. 1155, 1188, 1275 Status: Excess Reason: Floodway. Ellington Field Reasons: Floodway, Secured Area. Houston Co: Harris TX 77034– Water Treatment Plant Bldgs. CI143, CI148, CI155 Dale Hollow Lake & Dam Project Landholding Agency: Air Force Property Number: 18200530010 Naval Air Station Obey River Park, State Hwy 42 Craney Island Fuel Terminal Livingston Co: Clay TN 38351– Status: Unutilized Reason: Secured Area. Portsmouth Co: VA– Landholding Agency: COE Landholding Agency: Navy Comfort Station Property Number: 31199140011 Property Number: 77200530023 Overlook PUA Status: Excess Status: Excess Reason: water treatment plant. Powderly Co: Lamar TX 75473–9801 Landholding Agency: COE Reasons: Floodway, Secured Area. Water Treatment Plant Property Number: 31200240018 Bldgs. CI196, CI197, CI198 Dale Hollow Lake & Dam Project Status: Excess Naval Air Station Lillydale Recreation Area, State Hwy 53 Reason: Extensive deterioration. Craney Island Fuel Terminal Livingston Co: Clay TN 38351– 58 Bldgs. Portsmouth Co: VA– Landholding Agency: COE Landholding Agency: Navy Property Number: 31199140012 Texoma Lake Denison TX 75020–6425 Property Number: 77200530024 Status: Excess Status: Excess Reason: water treatment plant. Landholding Agency: COE Property Number: 31200340035 Reasons: Floodway, Secured Area. Water Treatment Plant Status: Excess Bldgs. CI453, CI456 Dale Hollow Lake & Dam Project Reason: Extensive deterioration. Naval Air Station Willow Grove Recreational Area, Hwy Bldg. Craney Island Fuel Terminal No. 53 West Burns Run Park Portsmouth Co: VA– Livingston Co: Clay TN 38351– Denison Co: Grayson TX 75020– Landholding Agency: Navy Landholding Agency: COE Landholding Agency: COE Property Number: 77200530025 Property Number: 31199140013 Property Number: 31200530022 Status: Excess Status: Excess Status: Excess Reasons: Floodway, Secured Area. Reason: water treatment plant. Reason: Extensive deterioration. Training Bldg. Comfort Station/Land USCG Integrated Support Ctr Virginia Cook Campground Portsmouth Co: Norfolk VA 43703– Nashville Co: Davidson TN 37214– PHL–188855, 16498, 16693 Landholding Agency: Coast Guard Landholding Agency: COE Mize Point Campground Property Number: 88200530001 Property Number: 31200420024 Bassett Co: VA 24055– Status: Excess Status: Unutilized Landholding Agency: COE Reason: Secured Area. Reason: Floodway. Property Number: 31200510014 Tracts 915, 920, 931C–1 Status: Unutilized Washington Cordell Hull Dam/Reservoir Reason: Extensive deterioration. Rec Storage Bldg. Cathage Co: Smith TN 37030– Bldg. SP–235 Richland Parks Landholding Agency: COE Naval Station Richland Co: Benton WA 99352– Property Number: 31200430016 Norfolk Co: VA 23511– Landholding Agency: COE Status: Unutilized Landholding Agency: Navy Property Number: 31200240019 Reasons: Floodway, landlocked. Property Number: 77200530019 Status: Unutilized Pump House/6 acres Status: Excess Reason: Extensive deterioration. Volunteer Army Ammo Plant Reasons: Within 2000 ft. of flammable Railroad Club Bldg. Chattanooga Co: Hamilton TN 37422– or explosive material, Secured Area. McNary Lock & Dam Proj Landholding Agency: GSA Bldg. F11 Richland Co: Benton WA 99352–
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52889
Landholding Agency: COE Status: Underutilized Eddyville Recreation Area Property Number: 31200410006 Reason: Floodway. Eddyville Co: Lyon KY 42038– Status: Excess Location: US Highway 62 to state Colorado Reason: Within 2000 ft. of flammable or highway 93 explosive material. Landfill Landholding Agency: COE Bldg. 351 48th & Holly Streets Property Number: 31199010043 Puget Sound Naval Shipyard Commerce Co: Adams CO 80022– Status: Excess Bremerton Co: WA 98314– Landholding Agency: GSA Reason: Floodway. Landholding Agency: Navy Property Number: 54200220006 Red River Lake Project Property Number: 77200530026 Status: Surplus Stanton Co: Powell KY 40380– Status: Unutilized Reasons: Within 2000 ft. of flammable Location: Exit Mr. Parkway at the Reasons: Within 2000 ft. of flammable or explosive material contamination Stanton and Slade Interchange, then or explosive material, Secured Area. GSA Number: 7–Z–CO–0647. take SR Hand 15 north to SR 613 55 Acres Landholding Agency: COE West Virginia Denver Federal Center Property Number: 31199011684 Radio Transmitter Rcv Site Lakewood Co: Jefferson CO 80225– Status: Unutilized Greenbrier Street Landholding Agency: GSA Reason: Floodway. Charleston WV 25311– Property Number: 54200530004 Barren River Lock & Dam No. 1 Landholding Agency: GSA Status: Surplus Richardsville Co: Warren KY 42270– Property Number: 54200340011 Reason: Within 2000 ft. of flammable or Landholding Agency: COE Status: Excess explosive material Property Number: 31199120008 Reason: Within 2000 ft. of flammable or GSA Number: 7–G–CO–0441–6. Status: Unutilized explosive material Florida Reason: Floodway. GSA Number: 4–U–WV–0547. Navy Site Alpha Green River Lock & Dam No. 3 Wyoming Homestead Co: Miami/Dade FL Rochester Co: Butler KY 42273– Bldg. 360 Landholding Agency: GSA Location: Off State Hwy. 369, which F. E. Warren AFB Property Number: 54200330009 runs off of Western Ky. Parkway Cheyenne Co: Laramie WY 82005–5000 Status: Surplus Landholding Agency: COE Landholding Agency: Air Force Reason: Flooding Property Number: 31199120009 Property Number: 18200240013 GSA Number: 4–N–FL–1079. Status: Unutilized Reason: Floodway. Status: Unutilized Wildlife Sanctuary, VAMC Reasons: Secured Area, Extensive 10,000 Bay Pines Blvd. Green River Lock & Dam No. 4 deterioration. Bay Pines Co: Pinellas FL 33504– Woodbury Co: Butler KY 42288– Bldg. 354 Landholding Agency: VA Location: Off State Hwy 403, which is F. E. Warren AFB Property Number: 97199230004 off State Hwy 231 Laramie Co: WY 82005– Status: Underutilized Landholding Agency: COE Landholding Agency: Air Force Reason: Inaccessible. Property Number: 31199120014 Status: Underutilized Property Number: 18200510022 Kentucky Status: Underutilized Reason: Floodway. Reason: Secured Area. Tract 4626 Green River Lock & Dam No. 5 Barkley Lake, Kentucky and Tennessee Readville Co: Butler KY 42275– Land (by State) Donaldson Creek Launching Area Location: Off State Highway 185 Alabama Cadiz Co: Trigg KY 42211– Landholding Agency: COE Location: 14 miles from U.S. Highway Property Number: 31199120015 Portions/Tract B263 68 Demopolis Hwy 43 Status: Unutilized Landholding Agency: COE Reason: Floodway. Greene Co: AL Property Number: 31199010030 Landholding Agency: GSA Green River Lock & Dam No. 6 Status: Underutilized Brownsville Co: Edmonson KY 42210– Property Number: 54200510001 Reason: Floodway. Status: Excess Location: Off State Highway 259 Reason: Landlocked Tract AA–2747 Landholding Agency: COE GSA Number: 4–D–AL–0564J. Wolf Creek Dam and Lake Cumberland Property Number: 31199120016 US HWY. 27 to Blue John Road Status: Underutilized Arizona Burnside Co: Pulaski KY 42519– Reason: Floodway. 58 acres Landholding Agency: COE Vacant land west of locksite Property Number: 31199010038 VA Medical Center Greenup Locks and Dam Status: Underutilized 500 Highway 89 North 5121 New Dam Road Reason: Floodway. Prescott Co: Yavapai AZ 86313– Rural Co: Greenup KY 41144– Landholding Agency: VA Tract AA–2726 Landholding Agency: COE Property Number: 97190630001 Wolf Creek Dam and Lake Cumberland Property Number: 31199120017 Status: Unutilized KY HWY. 80 to Route 769 Status: Unutilized Reason: Floodway. Burnside Co: Pulaski KY 42519– Reason: Floodway. 20 acres Landholding Agency: COE VA Medical Center Property Number: 31199010039 Maryland 500 Highway 89 North Status: Underutilized Tract 131R Prescott Co: Yavapai AZ 86313– Reason: Floodway. Youghiogheny River Lake, Rt. 2, Box Landholding Agency: VA Tract 1358 100 Property Number: 97190630002 Barkley Lake, Kentucky and Tennessee Friendsville Co: Garrett MD
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 52890 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Landholding Agency: COE Property Number: 97199010011 Transfer Co: Mercer PA 16154– Property Number: 31199240007 Status: Unutilized Landholding Agency: COE Status: Underutilized Reason: Secured Area. Property Number: 31199810002 Reason: Floodway. Tract 2 Status: Unutilized Reason: Floodway. Minnesota VA Medical Center Bath Co: Steuben NY 14810– Tract No. B–212C Parcel A Location: Exit 38 off New York State Upstream from Gen. Jadwin Dam & Twin Cities Army Ammunition Plant Route 17. Reservoir Arden Hills MN 55112–3938 Landholding Agency: VA Honesdale Co: Wayne PA 18431– Landholding Agency: GSA Property Number: 97199010012 Landholding Agency: COE Property Number: 54200240014 Status: Underutilized Property Number: 31200020005 Status: Excess Reason: Secured Area. Status: Unutilized Reason: Within 2000 ft. of flammable or Reason: Floodway. explosive material. Tract 3 GSA Number: 1–D–MN–0578A. VA Medical Center Puerto Rico Bath Co: Steuben NY 14810– 3.85 acres (Area #2) Parcel 2R VA Medical Center Location: Exit 38 off New York State Naval Security Group 4801 8th Street Route 17. Sabana Seca Co: Toa Baja PR– St. Cloud Co: Stearns MN 56303– Landholding Agency: VA Landholding Agency: GSA Landholding Agency: VA Property Number: 97199010013 Property Number: 54200210025 Property Number: 97199740004 Status: Underutilized Status: Excess Status: Unutilized Reason: Secured Area. Reason: Within 2000 ft. of flammable or Reason: landlocked. Tract 4 explosive material 7.48 acres (Area #1) VA Medical Center GSA Number: 1–N–PR–494. VA Medical Center Bath Co: Steuben NY 14810– Landfill Parcel 4801 8th Street Location: Exit 38 off New York State Naval Security Group St. Cloud Co: Stearns MN 56303– Route 17. Sabana Sera Landholding Agency: VA Landholding Agency: VA Toa Baja Co: PR Property Number: 97199740005 Property Number: 97199010014 Landholding Agency: GSA Status: Underutilized Status: Unutilized Property Number: 54200520015 Reason: Secured Area. Reason: Secured Area. Status: Excess Reason: Within 2000 ft. of flammable or Mississippi Ohio explosive material Parcel 1 Mosquito Creek Lake GSA Number: 1–N–PR–0513–1D. Grenada Lake Everett Hull Road Boat Launch Tennessee Section 20 Cortland Co: Trumbull OH 44410–9321 Grenada Co: Grenada MS 38901–0903 Landholding Agency: COE Brooks Bend Landholding Agency: COE Property Number: 31199440007 Cordell Hull Dam and Reservoir Highway 85 to Brooks Bend Road Property Number: 31199011018 Status: Underutilized Gainesboro Co: Jackson TN 38562– Status: Underutilized Reason: Floodway. Location: Tracts 800, 802–806, 835–837, Reason: Within airport runway clear Mosquito Creek Lake 900–902, 1000–1003, 1025 zone. Housel—Craft Rd., Boat Launch Landholding Agency: COE Missouri Cortland Co: Trumbull OH 44410–9321 Property Number: 21199040413 Landholding Agency: COE Status: Underutilized Ditch 19, Item 2, Tract No. 230 Property Number: 31199440008 Reason: Floodway. St. Francis Basin Project Status: Underutilized 1 Cheatham Lock and Dam 2 ⁄2 miles west of Malden Reason: Floodway. Co: Dunklin MO Highway 12 36 Site Campground Landholding Agency: COE Ashland City Co: Cheatham TN 37015– Property Number: 31199130001 German Church Campground Location: Tracts E–513, E–512–1 and E– Status: Unutilized Berlin Center Co: Portage OH 44401– 512–2 Reason: Floodway. 9707 Landholding Agency: COE Landholding Agency: COE Property Number: 21199040415 Montana Property Number: 31199810001 Status: Underutilized Sewage Lagoons/40 acres Status: Unutilized Reason: Floodway. VA Center Reason: Floodway. Tract 2321 Ft. Harrison MT 59639– Pennsylvania J. Percy Priest Dam and Reservoir Landholding Agency: VA Murfreesboro Co: Rutherford TN 37130– Property Number: 97200340007 Lock and Dam #7 Location: South of Old Jefferson Pike Status: Excess Monongahela River Landholding Agency: COE Reason: Floodway. Greensboro Co: Greene PA Property Number: 31199010935 Location: Left hand side of entrance Status: Excess New York roadway to project. Reason: landlocked. Tract 1 Landholding Agency: COE Tract 6737 VA Medical Center Property Number: 31199011564 Blue Creek Recreation Area Bath Co: Steuben NY 14810– Status: Unutilized Barkley Lake, Kentucky and Tennessee Location: Exit 38 off New York State Reason: Floodway. Dover Co: Stewart TN 37058– Route 17. Mercer Recreation Area Location: U.S. Highway 79/TN Highway Landholding Agency: VA Shenango Lake 761
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52891
Landholding Agency: COE Tract 2524 Location: Interstate 40 to S. Mount Juliet Property Number: 31199011478 Jennings Creek Road Status: Underutilized Cordell Hull Lake and Dam Project Landholding Agency: COE Reason: Floodway. Gainesboro Co: Jackson TN 38562– Property Number: 31199011493 Tracts 3102, 3105, and 3106 Location: TN Highway 85 Status: Underutilized Brimstone Launching Area Landholding Agency: COE Reason: Floodway. Cordell Hull Lake and Dam Project Property Number: 31199011486 Tract 1811 Gainesboro Co: Jackson TN 38562– Status: Unutilized West Fork Launching Area Location: Big Bottom Road Reason: Floodway. Smyrna Co: Rutherford TN 37167– Landholding Agency: COE Tracts 2905 and 2907 Location: Florence Road near Enon Property Number: 31199011479 Webster Springs Road Status: Excess Cordell Hull Lake and Dam Project Landholding Agency: COE Reason: Floodway. Gainesboro Co: Jackson TN 38551– Property Number: 31199011494 Tract 3507 Location: Big Bottom Road Status: Underutilized Proctor Site Landholding Agency: COE Reason: Floodway. Cordell Hull Lake and Dam Project Property Number: 31199011487 Tract 1504 Celina Co: Clay TN 38551– Status: Unutilized J. Perry Priest Dam and Reservoir Location: TN Highway 52 Reason: Floodway. Lamon Hill Recreation Area Landholding Agency: COE Tracts 2200 and 2201 Smyrna Co: Rutherford TN 37167– Property Number: 31199011480 Gainesboro Airport Location: Lamon Road Status: Unutilized Cordell Hull Lake and Dam Project Landholding Agency: COE Reason: Floodway. Gainesboro Co: Jackson TN 38562– Property Number: 31199011495 Tract 3721 Location: Big Bottom Road Status: Underutilized Obey Landholding Agency: COE Reason: Floodway. Cordell Hull Lake and Dam Project Property Number: 31199011488 Tract 1500 Celina Co: Clay TN 38551– Status: Underutilized J. Perry Priest Dam and Reservoir Location: TN Highway 53 Reasons: Within airport runway clear Pools Knob Recreation Landholding Agency: COE zone, Floodway. Smyrna Co: Rutherford TN 37167– Property Number: 31199011481 Tracts 710C and 712C Location: Jones Mill Road Status: Unutilized Sullivan Island Landholding Agency: COE Reason: Floodway. Cordell Hull Lake and Dam Project Property Number: 31199011496 Tracts 608, 609, 611 and 612 Carthage Co: Smith TN 37030– Status: Underutilized Sullivan Bend Launching Area Location: Sullivan Bend Road Reason: Floodway. Cordell Hull Lake and Dam Project Landholding Agency: COE Tracts 245, 257, and 256 Carthage Co: Smith TN 37030– Property Number: 31199011489 J. Perry Priest Dam and Reservoir Location: Sullivan Bend Road Status: Unutilized Cook Recreation Area Landholding Agency: COE Reason: Floodway. Nashville Co: Davidson TN 37214– Property Number: 31199011482 Tract 2403, Hensley Creek Location: 2.2 miles south of Interstate 40 Status: Underutilized Cordell Hull Lake and Dam Project near Saunders Ferry Pike Reason: Floodway. Gainesboro Co: Jackson TN 38562– Landholding Agency: COE Tract 920 Location: TN Highway 85 Property Number: 31199011497 Indian Creek Camping Area Landholding Agency: COE Status: Underutilized Cordell Hull Lake and Dam Project Property Number: 31199011490 Reason: Floodway. Granville Co: Smith TN 38564– Status: Unutilized Tracts 107, 109 and 110 Location: TN Highway 53 Reason: Floodway. Cordell Hull Lake and Dam Project Landholding Agency: COE Tracts 2117C, 2118 and 2120 Two Prong Property Number: 31199011483 Cordell Hull Lake and Dam Project Carthage Co: Smith TN 37030– Status: Underutilized Trace Creek Location: US Highway 85 Reason: Floodway. Gainesboro Co: Jackson TN 38562– Landholding Agency: COE Tracts 1710, 1716 and 1703 Location: Brooks Ferry Road Property Number: 31199011498 Flynns Lick Launching Ramp Landholding Agency: COE Status: Unutilized Cordell Hull Lake and Dam Project Property Number: 31199011491 Reason: Floodway. Gainesboro Co: Jackson TN 38562– Status: Unutilized Tracts 2919 and 2929 Location: Whites Bend Road Reason: Floodway. Cordell Hull Lake and Dam Project Landholding Agency: COE Tracts 424, 425 and 426 Sugar Creek Property Number: 31199011484 Cordell Hull Lake and Dam Project Gainesboro Co: Jackson TN 38562– Status: Underutilized Stone Bridge Location: Sugar Creek Road Reason: Floodway. Carthage Co: Smith TN 37030– Landholding Agency: COE Tract 1810 Location: Sullivan Bend Road Property Number: 31199011500 Wartrace Creek Launching Ramp Landholding Agency: COE Status: Unutilized Cordell Hull Lake and Dam Project Property Number: 31199011492 Reason: Floodway. Gainesboro Co: Jackson TN 38551– Status: Unutilized Tracts 1218 and 1204 Location: TN Highway 85 Reason: Floodway. Cordell Hull Lake and Dam Project Landholding Agency: COE Tract 517 Granville—Alvin Yourk Road Property Number: 31199011485 J. Percy Priest Dam and Reservoir Granville Co: Jackson TN 38564– Status: Underutilized Suggs Creek Embayment Landholding Agency: COE Reason: Floodway. Nashville Co: Davidson TN 37214– Property Number: 31199011501
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 52892 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Status: Unutilized Lakewood Co: Wilson TN— adjacent/Ft. Lee Military Rsv. Reason: Floodway. Landholding Agency: COE Petersburg Co: Prince George VA Tract 2100 Property Number: 31200420023 Landholding Agency: GSA Cordell Hull Lake and Dam Project Status: Unutilized Property Number: 54200430017 Reason: Floodway. Galbreaths Branch Status: Surplus Gainesboro Co: Jackson TN 38562– 51 acres Reason: Secured Area Volunteer Army Ammo Plant Location: TN Highway 53 GSA Number: 4–GR–VA–545E. Landholding Agency: COE Chattanooga Co: Hamilton TN 37422– Property Number: 31199011502 Landholding Agency: GSA Washington Property Number: 54200440014 Status: Unutilized 2.8 acres Reason: Floodway. Status: Surplus Reason: contamination Tract P–1003 Tract 104 et al. GSA Number: 4DTN05943V. Kennewick Co: Benton WA 99336– Cordell Hull Lake and Dam Project 11 acres Landholding Agency: COE Horshoe Bend Launching Area Volunteer Army Ammo Plant Property Number: 31200240020 Carthage Co: Smith TN 37030– Chattanooga Co: Hamilton TN 37422– Status: Excess Location: Highway 70 N Landholding Agency: GSA Landholding Agency: COE Reason: Within 2000 ft. of flammable or Property Number: 54200440015 explosive material. Property Number: 31199011504 Status: Surplus Status: Underutilized Reason: contamination West Virginia Reason: Floodway. GSA Number: 4DTN05943W. Morgantown Lock and Dam Tracts 510, 511, 513 and 514 Texas Box 3 RD # 2 J. Percy Priest Dam and Reservoir Morgantown Co: Monongahelia WV Project Tracts 104, 105–1, 105–2 & 118 26505– Lebanon Co: Wilson TN 37087– Joe Pool Lake Landholding Agency: COE Location: Vivrett Creek Launching Area, Co: Dallas TX Alvin Sperry Road Landholding Agency: COE Property Number: 31199011530 Landholding Agency: COE Property Number: 31199010397 Status: Unutilized Status: Underutilized Property Number: 31199120007 Reason: Floodway. Reason: Floodway. Status: Underutilized London Lock and Dam Reason: Floodway. Part of Tract 201–3 Route 60 East Joe Pool Lake Tract A–142, Old Hickory Beach Co: Dallas TX Rural Co: Kanawha WV 25126– Old Hickory Blvd. Landholding Agency: COE Location: 20 miles east of Charleston, Old Hickory Co: Davidson TN 37138– Property Number: 31199010398 W. Virginia. Landholding Agency: COE Status: Underutilized Landholding Agency: COE Property Number: 31199130008 Reason: Floodway. Property Number: 31199011690 Status: Underutilized Part of Tract 323 Status: Unutilized Reason: Floodway. Joe Pool Lake Reason: .03 acres; very narrow strip of Tract D, 7 acres Co: Dallas TX land. Cheatham Lock & Dam Landholding Agency: COE Portion of Tract #101 Property Number: 31199010399 Nashville Co: Davidson TN 37207– Buckeye Creek Status: Underutilized Landholding Agency: COE Sutton Co: Braxton WV 26601– Property Number: 31200020006 Reason: Floodway. Landholding Agency: COE Status: Underutilized Tract 702–3 Property Number: 31199810006 Reason: Floodway. Granger Lake Status: Excess Tract F–608 Route 1, Box 172 Reason: inaccessible. Cheatham Lock & Dam Granger Co: Williamson TX 76530–9801 Ashland Co: Cheatham TN 37015– Landholding Agency: COE Wisconsin Property Number: 31199010401 Landholding Agency: COE Status: Unutilized Land Property Number: 31200420021 Reason: Floodway. Badger Army Ammunition Plant Status: Unutilized Baraboo Co: Sauk WI 53913– Reason: Floodway. Tract 706 Granger Lake Location: Vacant land within plant Tracts G702–G706 Route 1, Box 172 boundaries. Cheatham Lock & Dam Granger Co: Williamson TX 76530–9801 Landholding Agency: GSA Ashland Co: Cheatham TN 37015– Landholding Agency: COE Property Number: 21199013783 Landholding Agency: COE Property Number: 31199010402 Status: Excess Property Number: 31200420022 Status: Unutilized Reason: Secured Area Status: Unutilized Reason: Floodway. Reason: Floodway. GSA Number: GSA–WI. 6 Tracts Virginia [FR Doc. 05–17243 Filed 9–1–05; 8:45 am] Shutes Branch Campground 275.390 acres BILLING CODE 4210–29–P
VerDate Aug<18>2005 18:33 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4703 E:\FR\FM\02SEN2.SGM 02SEN2 i
Reader Aids Federal Register Vol. 70, No. 170 Friday, September 2, 2005
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 33 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 100...... 52303, 52305 117...... 52307 The United States Government Manual 741–6000 7921...... 52281 165...... 52308 Other Services 7 CFR Proposed Rules: Electronic and on-line services (voice) 741–6020 1405...... 52283 100 ...... 52052, 52054, 52338 117...... 52340, 52343 Privacy Act Compilation 741–6064 8 CFR Public Laws Update Service (numbers, dates, etc.) 741–6043 Proposed Rules: 38 CFR TTY for the deaf-and-hard-of-hearing 741–6086 Ch. I ...... 52037 14...... 52015 9 CFR 41...... 52248 ELECTRONIC RESEARCH 49...... 52248 World Wide Web Proposed Rules: 94...... 52158 39 CFR Full text of the daily Federal Register, CFR and other publications is located at: http://www.gpoaccess.gov/nara/index.html 14 CFR 265...... 52016 39 ...... 51999, 52001, 52004, Federal Register information and research tools, including Public 40 CFR Inspection List, indexes, and links to GPO Access are located at: 52005, 52009, 52285 http://www.archives.gov/federallregister/ 71...... 52012, 52288 300...... 52018 95...... 52013 Proposed Rules: E-mail 97...... 52288 136...... 52485 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Proposed Rules: an open e-mail service that provides subscribers with a digital 39 ...... 52040, 52041, 52043, 42 CFR form of the Federal Register Table of Contents. The digital form 52046 403...... 52019 of the Federal Register Table of Contents includes HTML and 17 CFR 422...... 52023 PDF links to the full text of each document. 242...... 52014 Proposed Rules: To join or leave, go to http://listserv.access.gpo.gov and select 405...... 52056 Online mailing list archives, FEDREGTOC-L, Join or leave the list 18 CFR 410...... 52056 (or change settings); then follow the instructions. Proposed Rules: 411...... 52056 PENS (Public Law Electronic Notification Service) is an e-mail 153...... 52328 413...... 52056 service that notifies subscribers of recently enacted laws. 157...... 52328 414...... 52056 375...... 52328 426...... 52056 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html and select Join or leave the list (or change settings); then follow 19 CFR 43 CFR the instructions. Proposed Rules: 3834...... 52028 FEDREGTOC-L and PENS are mailing lists only. We cannot 101...... 52336 respond to specific inquiries. 46 CFR 21 CFR Reference questions. Send questions and comments about the Proposed Rules: Federal Register system to: [email protected] 510...... 52291 531...... 52345 558...... 52291 The Federal Register staff cannot interpret specific documents or Proposed Rules: regulations. 48 CFR 310...... 52050 225...... 52030 FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 22 CFR 232...... 52031 41...... 52292 237...... 52032 242...... 52034 51999–52282...... 1 Proposed Rules: 252 ...... 52030, 52031, 52032 52283–52892...... 2 Ch. I ...... 52037 23 CFR 50 CFR 1327...... 52296 17...... 52310, 52319 226...... 52488, 52630 26 CFR 300...... 52324 1...... 52299 660...... 52035 Proposed Rules: 679...... 52325, 52326 1...... 52051 Proposed Rules: 17...... 52059 32 CFR 679...... 52060 706...... 52302 697...... 52346
VerDate Aug 18 2005 19:45 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\02SECU.LOC 02SECU ii Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Reader Aids
REMINDERS Estimated income tax AGRICULTURE Groundfish Observer The items in this list were regulations; update; DEPARTMENT Program; comments editorially compiled as an aid published 9-2-05 Animal and Plant Health due by 9-7-05; to Federal Register users. Inspection Service published 8-8-05 [FR 05-15646] Inclusion or exclusion from RULES GOING INTO Plant-related quarantine, this list has no legal EFFECT SEPTEMBER 3, foreign: Northeastern United States significance. fisheries— 2005 Cut flowers from countries with chrysanthemum white Northeast multispecies; rust; comments due by 9- comments due by 9-7- RULES GOING INTO HOMELAND SECURITY 6-05; published 7-7-05 05; published 8-8-05 EFFECT SEPTEMBER 2, DEPARTMENT [FR 05-13313] [FR 05-15644] 2005 Coast Guard AGRICULTURE West Coast States and Regattas and marine parades: DEPARTMENT Western Pacific fisheries— ENVIRONMENTAL Ragin’ on the River; Commodity Credit PROTECTION AGENCY published 8-18-05 Corporation Pacific whiting; comments due by 9-6-05; Air quality implementation South Lake Tahoe, CA; Loan and purchase programs: plans: Labor Day fireworks published 8-22-05 [FR Conservation Security 05-16608] Preparation, adoption, and display; published 9-2-05 Program; comments due submittal— by 9-9-05; published 7-20- COMMODITY FUTURES 8-hour ozone national 05 [FR 05-14297] TRADING COMMISSION ambient air quality RULES GOING INTO Commodity Futures AGRICULTURE standard; 1-hour EFFECT SEPTEMBER 4, Modernization of 2000; DEPARTMENT standard revoked; 2005 implementation: Farm Service Agency Phase 1 technical Trading facilities; exempt correction; published 8- COMMERCE DEPARTMENT Special programs: markets, derivatives 3-05 National Oceanic and Interest Assistance Program; transaction execution Solid waste: Atmospheric Administration correction; comments due facilities and designated Hazardous waste; by 9-6-05; published 8-11- contract markets, etc.; Fishery conservation and 05 [FR 05-15864] identification and listing— management: technical and clarifying AGRICULTURE amendments; comments Exclusions; published 8-3- Alaska; fisheries of 05 DEPARTMENT due by 9-9-05; published Exclusive Economic 7-11-05 [FR 05-13467] HEALTH AND HUMAN Zone— Grain Inspection, Packers and Stockyards COURT SERVICES AND SERVICES DEPARTMENT Deep-water species; Administration OFFENDER SUPERVISION Food and Drug closure to vessels using AGENCY FOR THE Administration trawl gear in Gulf of Graded commodities; review DISTRICT OF COLUMBIA Animal drugs, feeds, and Alaska; published 9-2- inspection requirements; related products: 05 comments due by 9-6-05; Semi-annual agenda; Open for published 7-7-05 [FR 05- comments until further Sponsor name and address Shallow-water species; changes— 13297] notice; published 12-22-03 closure to vessels using [FR 03-25121] Pharmaq AS; published 9- trawl gear in Gulf of AGRICULTURE 2-05 Alaska; published 9-2- DEPARTMENT DEFENSE DEPARTMENT HOMELAND SECURITY 05 Natural Resources Acquisition regulations: DEPARTMENT Conservation Service Pilot Mentor-Protege Coast Guard Loan and purchase programs: Program; Open for COMMENTS DUE NEXT comments until further Regattas and marine parades: Conservation Security WEEK Program; comments due notice; published 12-15-04 Patuxent River Air Expo; by 9-9-05; published 7-20- [FR 04-27351] published 8-18-05 AGENCY FOR 05 [FR 05-14297] EDUCATION DEPARTMENT INTERIOR DEPARTMENT INTERNATIONAL Reports and guidance Grants and cooperative Administrative wage DEVELOPMENT documents; availability, etc.: agreements; availability, etc.: garnishment; collection of Assistance awards to U.S. National Handbook of Vocational and adult debts; published 8-3-05 non-Governmental Conservation Practices; education— STATE DEPARTMENT organizations; marking Open for comments until Smaller Learning Visas; nonimmigrant requirements; Open for further notice; published Communities Program; documentation: comments until further 5-9-05 [FR 05-09150] Open for comments notice; published 8-26-05 Treaty trader, treaty COMMERCE DEPARTMENT until further notice; [FR 05-16698] investor, or treaty alien in National Oceanic and published 2-25-05 [FR specialty occupation; AGRICULTURE Atmospheric Administration E5-00767] DEPARTMENT definition and clarification; Endangered and threatened Special education and new E-3 visa Agricultural Marketing species: rehabilitative services: classification; published 9- Service Individuals with Disabilities 2-05 Recovery plans— Cotton classing, testing and Pacific salmon and Education Act (IDEA)— TRANSPORTATION standards: steelhead; 16 Children with disabilities DEPARTMENT Classification services to evolutionary significant programs; assistance to Federal Aviation growers; 2004 user fees; units; comments due by States; comments due Administration Open for comments until 9-6-05; published 7-7-05 by 9-6-05; published 6- Standard instrument approach further notice; published [FR 05-13394] 21-05 [FR 05-11804] procedures; published 9-2- 5-28-04 [FR 04-12138] Fishery conservation and ENERGY DEPARTMENT 05 Kiwifruit grown in— management: Meetings: TREASURY DEPARTMENT California; comments due by Alaska; fisheries of Environmental Management Internal Revenue Service 9-6-05; published 8-16-05 Exclusive Economic Site-Specific Advisory Income taxes: [FR 05-16207] Zone— Board—
VerDate Aug 18 2005 19:45 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4711 E:\FR\FM\02SECU.LOC 02SECU Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Reader Aids iii
Oak Ridge Reservation, until further notice; Interconnection— due by 9-6-05; published TN; Open for comments published 10-16-03 [FR Incumbent local exchange 7-5-05 [FR 05-13120] until further notice; 03-26087] carriers unbounding HOMELAND SECURITY published 11-19-04 [FR Pesticide programs: obligations; local DEPARTMENT 04-25693] Conventional chemicals; competition provisions; Coast Guard ENERGY DEPARTMENT wireline services registration data Anchorage regulations: Energy Efficiency and requirements; comments offering advanced Maryland; Open for Renewable Energy Office due by 9-7-05; published telecommunications comments until further Commercial and industrial 3-11-05 [FR 05-04466] capability; Open for comments until further notice; published 1-14-04 equipment; energy efficiency Pesticide, food, and feed [FR 04-00749] program: additive petitions: notice; published 12-29- 04 [FR 04-28531] Drawbridge operations: Test procedures and Interregional Research efficiency standards— Project (No. 4); comments Satellite communications— New Jersey; comments due by 9-6-05; published 7-21- Commercial packaged due by 9-9-05; published Satellite licensing 05 [FR 05-14322] boilers; Open for 8-10-05 [FR 05-15738] procedures; comments comments until further Pesticides; tolerances in food, due by 9-6-05; Inspection and certification: notice; published 10-21- animal feeds, and raw published 6-8-05 [FR Potable water on inspected 04 [FR 04-17730] agricultural commodities: 05-11172] vessels; availability; Radio stations; table of ENERGY DEPARTMENT Alpha-cyclodextrin, etc.; comments due by 9-9-05; assignments: published 7-11-05 [FR 05- Federal Energy Regulatory comments due by 9-6-05; Texas; comments due by 9- 13074] Commission published 7-6-05 [FR 05- 13263] 6-05; published 8-3-05 HOUSING AND URBAN Electric rate and corporate [FR 05-14963] regulation filings: Fenpropathrin; comments DEVELOPMENT HEALTH AND HUMAN Virginia Electric & Power due by 9-6-05; published DEPARTMENT SERVICES DEPARTMENT Co. et al.; Open for 7-6-05 [FR 05-13174] Grants and cooperative comments until further Superfund program: Centers for Medicare & agreements; availability, etc.: notice; published 10-1-03 National oil and hazardous Medicaid Services Homeless assistance; [FR 03-24818] substances contingency Medicare and medicaid: excess and surplus ENVIRONMENTAL plan priorities list; Outpatient drugs and Federal properties; Open PROTECTION AGENCY comments due by 9-6-05; biologicals under part B; for comments until further Air pollutants, hazardous; published 8-5-05 [FR 05- competitive acquisition; notice; published 8-5-05 national emission standards: 15435] comments due by 9-6-05; [FR 05-15251] published 7-6-05 [FR 05- Cellulose products Water pollution control: INTERIOR DEPARTMENT 12938] manufacturing; comments National Pollutant Discharge Fish and Wildlife Service Medicare: due by 9-9-05; published Elimination System— Endangered and threatened 8-10-05 [FR 05-15733] Concentrated animal Home health prospective species permit applications payment system; 2006 CY Oil and natural gas feeding operations in Recovery plans— production facilities; New Mexico and rates update; comments Paiute cutthroat trout; comments due by 9-6-05; Oklahoma; general due by 9-6-05; published Open for comments published 7-8-05 [FR 05- permit for discharges; 7-14-05 [FR 05-13674] until further notice; 13480] Open for comments HEALTH AND HUMAN published 9-10-04 [FR until further notice; SERVICES DEPARTMENT Air pollution; standards of 04-20517] performance for new published 12-7-04 [FR Food and Drug Endangered and threatened stationary sources: 04-26817] Administration species: Stationary compression Texas; general permit for Reports and guidance ignition internal territorial seas; Open for documents; availability, etc.: Findings on petitions, etc.— combustion engines; comments until further Evaluating safety of American eel; comments comments due by 9-9-05; notice; published 9-6-05 antimicrobial new animal due by 9-6-05; published 7-11-05 [FR 05- [FR 05-17614] drugs with regard to their published 7-6-05 [FR 13338] Water pollution; effluent microbiological effects on 05-12971] Air quality implementation guidelines for point source bacteria of human health JUSTICE DEPARTMENT plans; approval and categories: concern; Open for Federal Bureau of promulgation; various Iron and steel comments until further Investigation States: manufacturing; comments notice; published 10-27-03 Privacy Act; implementation; California; comments due by due by 9-9-05; published [FR 03-27113] comments due by 9-6-05; 9-8-05; published 8-9-05 8-10-05 [FR 05-15834] Medical devices— published 7-28-05 [FR 05- [FR 05-15741] Meat and poultry products Dental noble metal alloys 14850] processing facilities; Open North Dakota; comments and base metal alloys; JUSTICE DEPARTMENT due by 9-7-05; published for comments until further Class II special 8-8-05 [FR 05-15609] notice; published 9-8-04 controls; Open for Justice for All Act: Ohio; comments due by 9- [FR 04-12017] comments until further Crime victims’ rights 8-05; published 8-9-05 FEDERAL notice; published 8-23- obligation; compliance [FR 05-15747] COMMUNICATIONS 04 [FR 04-19179] procedures; comments due by 9-6-05; published Texas; comments due by 9- COMMISSION HOMELAND SECURITY 7-7-05 [FR 05-13322] 9-05; published 8-10-05 Committees; establishment, DEPARTMENT [FR 05-15830] renewal, termination, etc.: Customs and Border LABOR DEPARTMENT Environmental statements; Technological Advisory Protection Bureau Occupational Safety and availability, etc.: Council; Open for Organization, functions; field Health Administration Coastal nonpoint pollution comments until further organization, ports of entry, Construction safety and health control program— notice; published 3-18-05 etc.: standards: Minnesota and Texas; [FR 05-05403] New River Valley, VA; port Lead in construction; Open for comments Common carrier services: establishment; comments comments due by 9-6-05;
VerDate Aug 18 2005 19:45 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\02SECU.LOC 02SECU iv Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Reader Aids
published 6-6-05 [FR 05- (EMBRAER); comments The text of laws is not located at 123 W. 7th Street 11149] due by 9-7-05; published published in the Federal in Holdenville, Oklahoma, as NUCLEAR REGULATORY 8-8-05 [FR 05-15592] Register but may be ordered the ‘‘Boone Pickens Post COMMISSION Hamilton Sundstrand Power in ‘‘slip law’’ (individual Office’’. (Aug. 2, 2005; 119 Environmental statements; Systems; comments due pamphlet) form from the Stat. 460) availability, etc.: by 9-6-05; published 7-5- Superintendent of Documents, U.S. Government Printing S. 904/P.L. 109–52 Fort Wayne State 05 [FR 05-13134] Office, Washington, DC 20402 Developmental Center; Rolls-Royce Deutschland To designate the facility of the (phone, 202–512–1808). The Open for comments until Ltd. & Co. KG; comments United States Postal Service text will also be made further notice; published due by 9-6-05; published located at 1560 Union Valley available on the Internet from 5-10-04 [FR 04-10516] 7-5-05 [FR 05-13135] Road in West Milford, New GPO Access at http:// Rolls-Royce plc; comments Jersey, as the ‘‘Brian P. SMALL BUSINESS www.gpoaccess.gov/plaws/ due by 9-6-05; published Parrello Post Office Building’’. ADMINISTRATION index.html. Some laws may 7-8-05 [FR 05-13425] (Aug. 2, 2005; 119 Stat. 461) Cosponsorship, fee and non- not yet be available. fee based SBA-sponsored TRANSPORTATION H.R. 3045/P.L. 109–53 activities and gifts; DEPARTMENT H.R. 3423/P.L. 109–43 Dominican Republic-Central implementation and Federal Highway Medical Device User Fee America-United States Free minimum requirements; Administration Stabilization Act of 2005 (Aug. Trade Agreement comments due by 9-9-05; Engineering and traffic 1, 2005; 119 Stat. 439) published 7-11-05 [FR 05- Implementation Act (Aug. 2, operations: H.R. 38/P.L. 109–44 2005; 119 Stat. 462) 13508] Preconstruction procedures; Upper White Salmon Wild and Disaster loan areas: project authorizations and Scenic Rivers Act (Aug. 2, H.R. 2361/P.L. 109–54 Maine; Open for comments agreements; comments 2005; 119 Stat. 443) Department of the Interior, until further notice; due by 9-9-05; published H.R. 481/P.L. 109–45 Environment, and Related published 2-17-04 [FR 04- 7-11-05 [FR 05-13514] Sand Creek Massacre 03374] Agencies Appropriations Act, TRANSPORTATION National Historic Site Trust Act 2006 (Aug. 2, 2005; 119 Stat. SOCIAL SECURITY DEPARTMENT of 2005 (Aug. 2, 2005; 119 499) ADMINISTRATION Pipeline and Hazardous Stat. 445) Supplemental security income: Materials Safety H.R. 541/P.L. 109–46 H.R. 2985/P.L. 109–55 Aged, blind and disabled— Administration To direct the Secretary of Legislative Branch Plans to achieve self- Hazardous materials: Agriculture to convey certain Appropriations Act, 2006 (Aug. support; time limit Transportation— land to Lander County, 2, 2005; 119 Stat. 565) criteria; comments due Cylinders and multi- Nevada, and the Secretary of S. 45/P.L. 109–56 by 9-9-05; published 7- element gas containers; the Interior to convey certain 11-05 [FR 05-13584] design, construction, land to Eureka County, To amend the Controlled OFFICE OF UNITED STATES maintenance, and use; Nevada, for continued use as Substances Act to lift the TRADE REPRESENTATIVE United Nations cemeteries. (Aug. 2, 2005; patient limitation on Trade Representative, Office recommended standards 119 Stat. 448) prescribing drug addiction of United States adoption; comment H.R. 794/P.L. 109–47 treatments by medical Generalized System of extension; comments Colorado River Indian practitioners in group Preferences: due by 9-6-05; Reservation Boundary practices, and for other 2003 Annual Product published 6-23-05 [FR Correction Act (Aug. 2, 2005; purposes. (Aug. 2, 2005; 119 Review, 2002 Annual 05-12459] 119 Stat. 451) Stat. 591) Country Practices Review, VETERANS AFFAIRS H.R. 1046/P.L. 109–48 S. 1395/P.L. 109–57 and previously deferred DEPARTMENT To authorize the Secretary of product decisions; Adjudication; pensions, the Interior to contract with Controlled Substances Export petitions disposition; Open compensation, dependency, the city of Cheyenne, Reform Act of 2005 (Aug. 2, for comments until further etc.: Wyoming, for the storage of 2005; 119 Stat. 592) notice; published 7-6-04 the city’s water in the Military retired pay and Last List August 2, 2005 [FR 04-15361] veterans disability Kendrick Project, Wyoming. TRANSPORTATION compensation for certain (Aug. 2, 2005; 119 Stat. 455) DEPARTMENT military retirees; full H.J. Res. 59/P.L. 109–49 Federal Aviation concurrent receipt phase- Expressing the sense of Public Laws Electronic Administration in; comments due by 9-6- Congress with respect to the Notification Service Airworthiness directives: 05; published 7-7-05 [FR women suffragists who fought (PENS) Airbus; comments due by 9- 05-13396] for and won the right of 7-05; published 8-8-05 women to vote in the United [FR 05-15594] States. (Aug. 2, 2005; 119 LIST OF PUBLIC LAWS Stat. 457) PENS is a free electronic mail Bell; comments due by 9-6- notification service of newly S. 571/P.L. 109–50 05; published 7-6-05 [FR This is a continuing list of enacted public laws. To 05-13237] public bills from the current To designate the facility of the subscribe, go to http:// Boeing; comments due by session of Congress which United States Postal Service listserv.gsa.gov/archives/ 9-6-05; published 7-21-05 have become Federal laws. It located at 1915 Fulton Street publaws-l.html [FR 05-14395] may be used in conjunction in Brooklyn, New York, as the Empresa Basileira de with ‘‘PLUS’’ (Public Laws ‘‘Congresswoman Shirley A. Note: This service is strictly Aeronautica S.A. Update Service) on 202–741– Chisholm Post Office for E-mail notification of new (EMBRAER); comments 6043. This list is also Building’’. (Aug. 2, 2005; 119 laws. The text of laws is not due by 9-6-05; published available online at http:// Stat. 459) available through this service. 8-11-05 [FR 05-15880] www.archives.gov/ S. 775/P.L. 109–51 PENS cannot respond to Empresa Brasileira de federal—register/public—laws/ To designate the facility of the specific inquiries sent to this Aeronautica S.A. public—laws.html. United States Postal Service address.
VerDate Aug 18 2005 19:45 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\02SECU.LOC 02SECU