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2006 Federal Register, 71 FR 26444; Centralized Library: U.S. Fish And 26444 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Proposed Rules D. Add a new paragraph (d) to read services market, as evidenced by an or endangered under the Endangered as set forth below. open-skies agreement, or where it is Species Act of 1973, as amended. We The revisions read as follows: otherwise appropriate to ensure find the petition does not provide consistency with U.S. international legal substantial information indicating that § 204.5 Certificated and commuter air carriers undergoing or proposing to obligations, the Department will listing the Andrews’ dune scarab beetle undergo a substantial change in operations, consider the following when may be warranted. Therefore, we will ownership, or management. determining whether U.S. citizens are in not be initiating a status review in (a) * * * ‘‘actual control’’ of the air carrier: response to this petition. We ask the (2) The change substantially alters the (1) All organizational documentation, public to submit to us any new factors upon which its latest fitness including such documents as charter of information that becomes available finding is based, even if no new incorporation, certificate of concerning the status of the species or authority is required. incorporation, by-laws, membership threats to it or its habitat at any time. agreements, stockholder agreements, * * * * * DATES: The finding announced in this and other documents of similar nature. (c) Information filings pursuant to this document was made on May 5, 2006. The documents will be reviewed to section made to support an application ADDRESSES: The complete file for this determine whether U.S. citizens have for new or amended certificate authority finding is available for public and will in fact retain actual control of shall be filed with the application and inspection, by appointment, during the air carrier through such documents. addressed to Docket Operations, M–30, normal business hours at the Carlsbad (2) The air carrier’s operational plans U.S. Department of Transportation, 400 Fish and Wildlife Office, U.S. Fish and or actual operations to determine Seventh Street, SW., PL–401, Wildlife Service, 6010 Hidden Valley whether U.S. citizens have actual Washington, DC 20590, or by electronic Road, Carlsbad, CA 92011. New control with respect to: information, materials, comments, or submission at [http://dms.dot.gov]. (i) Decisions whether to make and/or (d) Information filed in support of a questions concerning this species may continue Civil Reserve Air Fleet (CRAF) certificated or commuter air carrier’s be submitted to us at any time at the or other national defense airlift continuing fitness to operate under its above address. commitments, and, once made, the existing authority in light of substantial FOR FURTHER INFORMATION CONTACT: Jim implementation of such commitments changes in its operations, management, Bartel, Field Supervisor, Carlsbad Fish with the Department of Defense; ADDRESSES or ownership, including changes that (ii) Air carrier policies and and Wildlife Office (see may affect the air carrier’s citizenship, implementation with respect to aviation section above), by telephone at 760– shall be addressed to the Chief, Air security, including the transportation 431–9440, or by facsimile to 760–431– Carrier Fitness Division, Office of the security requirements specified by the 9624. Secretary, U.S. Department of Transportation Security Administration; SUPPLEMENTARY INFORMATION: Transportation, 400 Seventh Street, and Background SW., Washington, DC 20590. (iii) Air carrier policies and * * * * * implementation with respect to aviation Section 4(b)(3)(A) of the Endangered safety, including the requirements Species Act of 1973, as amended (Act) PART 399—STATEMENTS OF specified by the Federal Aviation (16 U.S.C. 1531 et seq.), requires that we GENERAL POLICY Administration. make a finding on whether a petition to list, delist, or reclassify a species 5. The authority citation for part 399 Issued in Washington, DC, on May 1, 2006. presents substantial scientific or continues to read as follows: Michael W. Reynolds, commercial information to indicate that Authority: 49 U.S.C. 40101 et seq. Acting Assistant Secretary for Aviation and the petitioned action may be warranted. 6. Add a new § 399.88 to read as set International Affairs. We are to base this finding on forth below: [FR Doc. 06–4227 Filed 5–3–06; 1 pm] information provided in the petition, BILLING CODE 4910–62–P supporting information submitted with § 399.88 Actual control of U.S. air carriers. the petition, and information otherwise (a) Applicability. This policy shall available in our files at the time we apply to each direct air carrier DEPARTMENT OF THE INTERIOR make the determination. To the submitting information to the Air maximum extent practicable, we are to Carrier Fitness Division under part 204 Fish and Wildlife Service make this finding within 90 days of our of this title, with respect to its status as receipt of the petition and publish a a ‘‘Citizen of the United States’’ as 50 CFR Part 17 notice of this finding promptly in the defined in 49 U.S.C. 40102(a)(15), of the Endangered and Threatened Wildlife Federal Register. Act. This policy shall only apply to the Our standard for substantial and Plants; 90-Day Finding on a interpretation of ‘‘actual control’’ information within the Code of Federal Petition To List the Andrews’ Dune contained in 49 U.S.C. 40102(a)(15)(C) Regulations (CFR) with regard to a 90- Scarab Beetle as Threatened or in determining air carrier fitness/ day petition finding is ‘‘that amount of Endangered citizenship to receive or retain a information that would lead a certificate of public convenience and AGENCY: Fish and Wildlife Service, reasonable person to believe that the necessity. Interior. measure proposed in the petition may (b) Policy. In cases where there is ACTION: Notice of 90-day petition be warranted’’ (50 CFR 424.14(b)). If we significant involvement in investment finding. find that substantial information was by non-U.S. citizens and either where presented, we are required to promptly their home country does not deny SUMMARY: We, the U.S. Fish and commence a review of the status of the citizens of the United States reciprocal Wildlife Service (Service), announce a species. access to investment in that country’s 90-day finding on a petition to list the In making this finding, we relied on carriers and does not deny U.S. air Andrews’ dune scarab beetle information provided by the petitioners carriers full and fair access to its air (Pseudocotalpa andrewsi) as threatened and information otherwise available in VerDate Aug<31>2005 14:37 May 04, 2006 Jkt 208001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 cprice-sewell on PROD1PC66 with PROPOSALS Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Proposed Rules 26445 our files at the time of petition review Species Information During periods of inactivity, and evaluated that information in Andrews’ dune scarab beetles remain accordance with 50 CFR 424.14(b). Our Within the subtribe Areodina of North buried at the interface of the wet and process of coming to a 90-day finding American scarab beetles (family dry sand, at depths of 2 to 11.8 in (5 to under section 4(b)(3)(A) of the Act and Scarabaeidae), Hardy described the 30 centimeters (cm)) (Hardy and section 424.14(b) of our regulations is Andrews’ dune scarab beetle Andrews 1980; Scarabaeus Associates limited to a determination of whether (Pseudocotalpa andrewsi) as a 1991). Adults have been collected from the information in the petition meets the monotypic species within a new genus mid-April through the first week of May ‘‘substantial information’’ threshold. in 1971. Subsequently, Hardy (1974) (Hardy and Andrews 1980). The adult On December 13, 2002, we received a described two additional species of flight season runs from late March to formal petition dated December 12, Pseudocotalpa (P. guilianii and early May (Scarabaeus Associates 1991). 2002, from the Center for Biological sonorica), along with the note that an Adults emerge in ‘‘large’’ numbers at Diversity requesting the Andrews’ dune additional 82 specimens of P. andrewsi dusk (Hardy 1971) and fly for 10 to 30 scarab beetle (Pseudocotalpa andrewsi) had been collected from the type minutes, while congregating in groups be listed as threatened or endangered in locality near Glamis in Imperial County, of 3 to 20 individuals around nearby accordance with section 4 of the Act. California. Andrews’ dune scarab bushes, then move away in pairs to Action on this petition was precluded beetles are golden-brown and covered copulate (Hardy and Andrews 1980; by court orders and settlement with long, pale, fine hairs, and range in Scarabaeus Associates 1991). After agreements for other listing actions that length from 0.51 to 0.71 inches (in) (13 copulation, adults rapidly bury required nearly all of our listing funds to 18 millimeters (mm)) (Hardy 1971). themselves in the sand (Hardy and for fiscal year 2003. On December 9, The Andrews’ dune scarab beetle can be Andrews 1980). We do not have 2004, we received a 60-day notice of differentiated from other closely related information on the life span of this intent to sue, and on December 1, 2005, scarab beetles by its smaller size, the species. we received a complaint regarding our deep concave shape of the clypeus, and Hardy and Andrews (1980) reported failure to make the 90-day and 12- the poorly developed prothoracic post- month findings on the status of the that the Andrews’ dune scarab beetle ‘‘is coxal spine or knob (Hardy 1971, Hardy a species that is (as far as can be Andrews’ dune scarab beetle. On 1974). January 12, 2006, we reached an determined) endemic to the Algodones agreement with the plaintiffs to submit The Service described the ‘‘specific Dunes in Imperial County, California, to the Federal Register a completed 90- habitat of the beetles [as] troughs of and probably the portion of the same day finding by April 28, 2006, and to loose drifting sand between dunes’’ in dune system that occurs in Baja complete, if applicable, a 12-month the 1978 proposed rule (43 FR 35636).
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