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Federal Register/Vol. 76, No. 65/Tuesday, April 5, 2011/Proposed 18684 Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Proposed Rules Authority: Secs. 4, 303, 307(e), 309, and notification process that must be DEPARTMENT OF THE INTERIOR 332, 48 Stat. 1066, 1082, as amended; 47 completed before filing certain antenna U.S.C. 154, 303, 307(e), 309, and 332, unless structure registration applications. Fish and Wildlife Service otherwise noted. Interpret or apply 48 Stat. * * * * * 1064–1068, 1081–1105, as amended; 47 50 CFR Part 17 U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST 4726, 12 UST 2377. PART 90—PRIVATE LAND MOBILE [Docket No. FWS–R6–ES–2011–0016; MO 19. Section 80.3 is amended by RADIO SERVICES 92210–0–0008–B2] revising paragraphs (b) and (e) to read 22. The authority citation for part 90 Endangered and Threatened Wildlife as follows: continues to read as follows: and Plants; 12-Month Finding on a Petition To List the Bearmouth § 80.3 Other applicable rule parts of this Authority: Sections 4(i), 11, 303(g), 303(r), chapter. Mountainsnail, Byrne Resort and 332(c)(7) of the Communications Act of * * * * * Mountainsnail, and Meltwater Lednian 1934, as amended, 47 U.S.C. 154(i), 161, Stonefly as Endangered or Threatened (b) Part 1. This part includes rules of 303(g), 303(r), 332(c)(7). practice and procedure for license AGENCY: Fish and Wildlife Service, applications, adjudicatory proceedings, 23. Section 90.5 is amended by Interior. procedures for reconsideration and revising paragraphs (b) and (f) to read as ACTION: Notice of 12-month petition review of the Commission’s actions; follows: finding. provisions concerning violation notices and forfeiture proceedings; and the § 90.5 Other applicable rule parts. SUMMARY: We, the U.S. Fish and environmental processing requirements * * * * * Wildlife Service (Service), announce a that, together with the procedures (b) Part 1 includes rules of practice 12-month finding on a petition to list specified in § 17.4(c) of this chapter, if and procedure for the filing of the Bearmouth mountainsnail applicable, must be complied with prior applications for stations to operate in (Oreohelix species 3), Byrne Resort to the initiation of construction. Subpart the Wireless Telecommunications mountainsnail (Oreohelix species 31), Q of part 1 contains rules governing Services, adjudicatory proceedings and meltwater lednian stonefly (Lednia competitive bidding procedures for including hearing proceedings, and rule tumana) as endangered or threatened, resolving mutually exclusive making proceedings; procedures for and to designate critical habitat under applications for certain initial licenses. reconsideration and review of the the Endangered Species Act of 1973, as * * * * * Commission’s actions; provisions amended (Act). After review of all (e) Part 17. This part contains concerning violation notices and available scientific and commercial requirements for the construction, forfeiture proceedings; and the information, we find that listing the marking and lighting of antenna towers, environmental processing requirements Bearmouth mountainsnail and the and the environmental notification that, together with the procedures Byrne Resort mountainsnail is not process that must be completed before specified in § 17.4(c) of this chapter, if warranted because neither constitutes a valid taxon; therefore, they are not filing certain antenna structure applicable, must be complied with prior considered to be listable entities under registration applications. to initiating construction. the Act. We find that listing of the * * * * * * * * * * meltwater lednian stonefly is warranted. PART 87—AVIATION SERVICES (f) Part 17 contains requirements for However, currently listing of the construction, marking and lighting of meltwater lednian stonefly is precluded 20. The authority citation for part 87 antenna towers, and the environmental by higher priority actions to amend the continues to read as follows: notification process that must be Lists of Endangered and Threatened Authority: 47 U.S.C. 154, 303, and 307(e), completed before filing certain antenna Wildlife and Plants. Upon publication unless otherwise noted. structure registration applications. of this 12-month petition finding, we 21. Section 87.3 is amended by * * * * * will add the meltwater lednian stonefly to our candidate species list. We will revising paragraphs (b) and (e) to read 24. Section 90.129 is amended by as follows: develop a proposed rule to list the revising paragraph (g) to read as follows: meltwater lednian stonefly as our § 87.3 Other applicable rule parts. § 90.129 Supplemental information to be priorities allow. We will make any * * * * * routinely submitted with applications. determination on critical habitat during development of the proposed listing (b) Part 1 contains rules of practice * * * * * and procedure for license applications, rule. During any interim period, we will adjudicatory proceedings, rule making (g) The environmental assessment address the status of the candidate taxon proceedings, procedures for required by §§ 1.1307 and 1.1311 of this through our annual Candidate Notice of reconsideration and review of the chapter, if applicable. If an application Review (CNOR). Commission’s actions; provisions filed under this part proposes the use of DATES: The finding announced in this concerning violation notices and one or more new or existing antenna document was made on April 5, 2011. forfeiture proceedings; and the structures that require registration under ADDRESSES: This finding is available on environmental processing requirements part 17 of this chapter, any required the Internet at http:// that, together with the procedures environmental assessment should be www.regulations.gov at Docket Number specified in § 17.4(c) of this chapter, if submitted pursuant to the process set FWS–R6–ES–2011–0016. Supporting applicable, must be complied with prior forth in § 17.4(c) of this chapter rather documentation we used in preparing to the initiation of construction. than with the application filed under this finding is available for public * * * * * this part. inspection, by appointment, during (e) Part 17 contains requirements for * * * * * normal business hours at the U.S. Fish construction, marking and lighting of [FR Doc. 2011–7785 Filed 4–4–11; 8:45 am] and Wildlife Service, Montana Field antenna towers, and the environmental BILLING CODE 6712–01–P Office, 585 Shepard Way, Helena, MT VerDate Mar<15>2010 13:08 Apr 04, 2011 Jkt 223001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\05APP1.SGM 05APP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Proposed Rules 18685 59601. Please submit any new preliminary review, we found no Byrne Resort mountainsnail, and information, materials, comments, or compelling evidence to support an meltwater lednian stonefly as questions concerning this finding to the emergency listing for any of the species endangered or threatened. above street address. covered by the petition, and that we Species Information for Bearmouth planned work on the petition in Fiscal FOR FURTHER INFORMATION CONTACT: Mountainsnail and Byrne Resort Year (FY) 2008. Mark Wilson, Field Supervisor, Mountainsnail Montana Field Office (see ADDRESSES); On March 19, 2008, WildEarth by telephone at 406–449–5225; or by Guardians filed a complaint (1:08–CV– Species Descriptions 472–CKK) indicating that the Service facsimile at 406–449–5339. Persons who Bearmouth mountainsnail and Byrne failed to comply with its statutory duty use a telecommunications device for the Resort mountainsnail are ascribed to the to make 90-day findings on their two deaf (TDD) may call the Federal genus Oreohelix, commonly called the multiple species petitions in two of the Information Relay Service (FIRS) at ‘‘mountainsnail.’’ This genus of land 800–877–8339. Service’s administrative regions—one for the mountain-prairie region, and one snails is endemic to western North SUPPLEMENTARY INFORMATION: for the Southwest region (WildEarth America and is found in mountainous environments in the western United Background Guardians v. Kempthorne 2008, case 1:08–CV–472–CKK). We subsequently States from the eastern Sierra Nevadas Section 4(b)(3)(B) of the Act (16 published two initial 90-day findings on in the west to the Black Hills in the east, U.S.C. 1531 et seq.) requires that, for January 6, 2009 (74 FR 419), and and from southern Canada down to any petition containing substantial February 5, 2009 (74 FR 6122), northern Mexico (Pilsbry 1916, pp. 341– scientific or commercial information identifying species for which we were 342; Pilsbry 1939, pp. 415–416; Weaver indicating that listing the species may then making negative 90-day findings, 2006, p. 9). be warranted, we make a finding within and species for which we were still Biology and Life History 12 months of the date of receipt of the working on a determination. The Most mountainsnail species are petition. In this finding, we determine Bearmouth mountainsnail, Byrne Resort that the petitioned action is: (a) Not mountainsnail, and meltwater lednian relatively large land snails (adult body warranted, (b) warranted, or (c) stonefly were not addressed in either size greater than 5 centimeters (cm) (2 warranted, but immediate proposal of a 90-day finding published in 2009, as we inches (in.)) that typically prefer regulation implementing the petitioned were still conducting our analyses of forested environments, calcium-rich action is precluded by other pending these mountainsnails and the stonefly.
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