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Federal Register/Vol. 75, No. 187/Tuesday, September 28, 2010 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Rules and Regulations 59645 * Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities above ground affected ∧ Elevation in meters (MSL) Modified Unnamed Tributary No. 1 to At the area bounded by U.S. Route 33, Wabash Avenue, +1415 Unincorporated Areas of Fink Run (Backwater effects and County Route 33/1. Upshur County. from Buckhannon River). * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Upshur County Maps are available for inspection at the Upshur County Courthouse Annex, 38 West Main Street, Buckhannon, WV 26201. (Catalog of Federal Domestic Assistance No. 76.913(b)(1)—62 FR 6495, February 12, collection requirements that are subject 97.022, ‘‘Flood Insurance.’’) 1997. to OMB approval. Dated: September 21, 2010. 76.924(e)(1)(iii) and (e)(2)(iii)—61 FR [FR Doc. 2010–24203 Filed 9–27–10; 8:45 am] Edward L. Connor, 9367, March 8, 1996. BILLING CODE 6712–01–P Acting Federal Insurance and Mitigation 76.925—60 FR 52119, October 5, 1995. Administrator, Department of Homeland 76.942(f)—60 FR 52120, October 5, Security, Federal Emergency Management 1995. DEPARTMENT OF THE INTERIOR Agency. 76.944(c)—60 FR 52121, October 5, [FR Doc. 2010–24326 Filed 9–27–10; 8:45 am] 1995. Fish and Wildlife Service BILLING CODE 9110–12–P 76.957—60 FR 52121, October 5, 1995. 76.1504(e)—61 FR 43176, August 26, 50 CFR Part 17 1996. FEDERAL COMMUNICATIONS [Docket No. FWS–R9–IA–2008–0068; 92210– 76.1511—61 FR 43177, August 21, 1996. 0–0010–B6] COMMISSION 76.1512—61 FR 43177, August 21, 1996. RIN 1018–AV60 47 CFR Parts 73 and 76 76.1514—61 FR 43176, August 21, 1996. FOR FURTHER INFORMATION CONTACT: Endangered and Threatened Wildlife Radio Broadcast Services and Shirley Suggs, (202) 418–1568, Media and Plants; Determination of Multichannel Video and Cable Bureau. Endangered Status for the African Television Service; Clarification Penguin Regarding Information Collection SUPPLEMENTARY INFORMATION: The Requirements Commission published several AGENCY: Fish and Wildlife Service, documents in the Federal Register Interior. AGENCY: Federal Communications identifying rules that required OMB ACTION: Final rule. Commission. approval. After further review, we have ACTION: Final rule; clarification. found OMB approval is not required. SUMMARY: We, the U.S. Fish and The affected CFR sections are as Wildlife Service, determine endangered SUMMARY: The Federal Communications follows: Commission has published a number of status for the African penguin requirements related to Radio Broadcast Marlene H. Dortch, (Spheniscus demersus) under the Services and Multichannel Video and Secretary, Federal Communications Endangered Species Act of 1973, as Cable Television Service, which were Commission. amended. This final rule implements the Federal protections provided by the determined to contain information ■ For the reasons stated in the preamble, Act for this species. collection requirements that were and under the authority at 47 U.S.C. subject to OMB review. After further 154, 303, 334, 336 and 339; 47 U.S.C. DATES: This rule becomes effective review, we have found OMB approval is 151, 152, 153, 154, 301, 302, 302a, 303, October 29, 2010. not required. This document intends to 303a, 307, 308, 309, 312, 315, 317, 325, ADDRESSES: This final rule is available provide clarification that these rules are 339, 340, 341, 503, 521, 522, 531, 532, on the Internet at http:// effective and that it has been 534, 535, 536, 537, 543, 544, 544a, 545, www.regulations.gov and comments and determined that these provisions are not 548, 549, 552, 554, 556, 558, 560, 561, materials received, as well as supporting subject to OMB review. 571, 572, and 573 * * *, the Federal documentation used in the preparation DATES: Effective September 28, 2010, the Communications Commission has of this rule, will be available for public following regulations are no longer determined that the regulations at inspection, by appointment, during pending OMB approval for the sections §§ 73.6027, 76.5(ll), 76.913(b)(1), normal business hours at: U.S. Fish and listed: 76.924(e)(1)(iii) and (e)(2)(iii), 76.925, Wildlife Service, 4401 N. Fairfax Drive, 73.6027—69 FR 69331, November 29, 76.942(f), 76.944(c), 76.957, 76.1504(e), Suite 400, Arlington, VA 22203. 2004. 76.1511, 76.1512, and 76.1514 are FOR FURTHER INFORMATION CONTACT: 76.5(ll)—61 FR 6137, February 16, 1996. effective and do not contain information Janine Van Norman, Chief, Branch of VerDate Mar<15>2010 15:19 Sep 27, 2010 Jkt 220001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\28SER1.SGM 28SER1 WReier-Aviles on DSKGBLS3C1PROD with RULES 59646 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Rules and Regulations Foreign Species, Endangered Species we attended the International Penguin new information regarding the proposed Program, U.S. Fish and Wildlife Service, Conference in Hobart, Tasmania, listing of this species, and we address 4401 North Fairfax Drive, Room 420, Australia, a quadrennial meeting of those comments below. Overall, the Arlington, VA 22203; telephone 703– penguin scientists from September 3–7, commenters and peer reviewers 358–2171; facsimile 703–358–1735. If 2007, to gather information and to supported the proposed listing. Four you use a telecommunications device ensure that experts were aware of the comments from the public included for the deaf (TDD), call the Federal status review. We also consulted with additional information for Information Relay Service (FIRS) at other agencies and range countries in an consideration; all other comments 800–877–8339. effort to gather the best available simply supported the proposed listing SUPPLEMENTARY INFORMATION: scientific and commercial information without providing scientific or on these species. commercial data. Background On December 3, 2007, the Service The Endangered Species Act of 1973, received a 60-day Notice of Intent to Sue Peer Review as amended (Act) (16 U.S.C. 1531 et from CBD. On February 27, 2008, CBD In accordance with our policy seq.) is a law that was passed to prevent filed a complaint against the published on July 1, 1994 (59 FR extinction of species by providing Department of the Interior for failure to 34270), we solicited expert opinions measures to help alleviate the loss of make a 12-month finding (status from four individuals with scientific species and their habitats. Before a plant determination) on the petition. On expertise that included familiarity with or animal species can receive the September 8, 2008, the Service entered the species, the geographic region in protection provided by the Act, it must into a settlement agreement with CBD, which the species occurs, and first be added to the Federal Lists of in which we agreed to submit to the conservation biology principles. We Threatened and Endangered Wildlife Federal Register 12-month findings for received responses from two of the peer and Plants; section 4 of the Act and its the 10 species of penguins, including reviewers from whom we requested implementing regulations at 50 CFR part the African penguin, on or before comments. They generally agreed that 424 set forth the procedures for adding December 19, 2008. the description of the biology and species to these lists. On December 18, 2008, the Service habitat for the species was accurate and published in the Federal Register a Previous Federal Action based on the best available information. warranted 12-month finding and rule New or additional information on the On November 29, 2006, the U.S. Fish proposing to list the African penguin as biology and habitat of the African and Wildlife Service (Service) received an endangered species under the Act (73 penguin and threats was provided and a petition from the Center for Biological FR 77332). We implemented the incorporated into the rulemaking as Diversity (CBD) to list 12 penguin Service’s peer review process and appropriate. In some cases, it has been species under the Act: Emperor penguin opened a 60-day comment period to indicated in the citations by ‘‘personal (Aptenodytes forsteri), southern solicit scientific and commercial communication’’ (pers. comm.), which rockhopper penguin (Eudyptes information on the species from all could indicate either an e-mail or chrysocome), northern rockhopper interested parties following publication penguin (Eudyptes moseleyi), Fiordland telephone conversation; while in other of the proposed rule. cases, the research citation is provided. crested penguin (Eudyptes On March 9, 2010, CBD filed a pachyrhynchus), snares crested penguin complaint against the Service for failure Peer Reviewer Comments (Eudyptes robustus), erect-crested to issue a final listing determination for (1) Comment: One peer reviewer penguin (Eudyptes sclateri), macaroni seven penguin species, including found the proposed rule to be thorough, penguin (Eudyptes chrysolophus), royal African penguin, within 12 months of covered the main threats to the African penguin (Eudyptes schlegeli), white- the proposals to list the species. In a penguin, and used the best information flippered penguin (Eudyptula minor court-approved settlement agreement, to accurately describe the biology, albosignata), yellow-eyed penguin the Service agreed to submit a final habitat, population trends, and (Megadyptes antipodes), African listing determination for the African distribution of the species. This peer penguin (Spheniscus demersus), and penguin to the Federal Register by reviewer also provided a few technical Humboldt penguin (Spheniscus September 30, 2010. humboldti). On July 11, 2007, we corrections. published in the Federal Register a 90- Summary of Comments and Our Response: We thank the peer day finding (72 FR 37695) in which we Recommendations reviewer for providing comments on the determined that the petition presented We base this finding on a review of proposed rule.
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