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90-Day Finding on a Petition to List the Sacramento Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Proposed Rules 74123 For paragraphs (a) and (c) of this Issued on: November 26, 2008. http://www.regulations.gov. This section, the manufacturer shall submit Daniel C. Smith, generally means that we will post any information separately with respect to Associate Administrator for Enforcement. personal information you provide us each make, model, and model year of [FR Doc. E8–28873 Filed 12–4–08; 8:45 am] (see the Information Solicited section medium-heavy vehicle and/or bus BILLING CODE 4910–59–P below for more details). manufactured during the reporting FOR FURTHER INFORMATION CONTACT: period and the nine model years prior Wally ‘‘J’’ Murphy, Field Supervisor, to the earliest model year in the DEPARTMENT OF THE INTERIOR New Mexico Ecological Services Office, reporting period, including models no 2105 Osuna NE, Albuquerque, NM longer in production. Fish and Wildlife Service 87113; by (telephone at 505-346-2525, * * * * * or by facsimile at 505-346-2542. If you 50 CFR Part 17 8. Amend § 579.24 by revising the use a telecommunications devise for the section heading and by revising the first [FWS-R2-ES-2008-0110; MO-9221050083 – deaf (TTD), you may call the Federal sentence of the introductory text to read B2] Information Relay Service (FIRS) at 800- as follows: 877-8339. Endangered and Threatened Wildlife SUPPLEMENTARY INFORMATION: § 579.24 Reporting requirements for and Plants; 90-Day Finding on a manufacturers of 5000 or more trailers Petition To List the Sacramento Information Solicited annually. Mountains Checkerspot Butterfly When we make a finding that a For each reporting period, a (Euphydryas anicia cloudcrofti) as petition presents substantial manufacturer whose aggregate number Endangered with Critical Habitat information indicating that listing a of trailers manufactured for sale, sold, AGENCY: Fish and Wildlife Service, species may be warranted, we are offered for sale, introduced or delivered Interior. required to promptly commence a review of the status of the species. To for introduction in interstate commerce, ACTION: Notice of 90–day petition ensure that the status review is or imported into the United States, finding and initiation of a status review. during the calendar year of the reporting complete and based on the best period or during either of the prior two SUMMARY: We, the U.S. Fish and available scientific and commercial calendar years is 5000 or more shall Wildlife Service (Service), announce a information, we are soliciting submit the information described in this 90–day finding on a petition to list the information on the status of the section. * * * Sacramento Mountains checkerspot Sacramento Mountains checkerspot butterfly. We request information from * * * * * butterfly (Euphydryas anicia cloudcrofti) as an endangered species the public, other concerned 9. Amend § 579.27 by revising the and designate critical habitat under the governmental agencies, Tribes, the section heading to read as follows: Endangered Species Act of 1973, as scientific community, industry, or any other interested parties concerning the § 579.27 Reporting requirements for amended (Act). We find the petition manufacturers of fewer than 500 medium- provides substantial scientific or status of the Sacramento Mountains heavy vehicles or motorcycles annually, for commercial information indicating that checkerspot butterfly. We are seeking manufacturers of fewer than 5000 light listing this subspecies under the Act information regarding the subspecies’ vehicles or trailers annually, for may be warranted. Therefore, with the historical and current status and manufacturers of original equipment, and publication of this notice, we are distribution, its biology and ecology, its for manufacturers of replacement initiating a status review of the species, taxonomy, ongoing conservation equipment other than child restraint and we will issue a 12–month finding measures for the subspecies and its systems and tires. to determine if the petitioned action is habitat, and threats to either the * * * * * warranted. To ensure that the status subspecies or its habitat. 10. Amend § 579.29 by adding review is comprehensive, we are If we determine that listing the paragraph (a)(3) to read as follows: soliciting scientific and commercial data Sacramento Mountains checkerspot regarding this species. We will make a butterfly is warranted, we intend to § 579.29 Manner of reporting. determination on critical habitat for this propose critical habitat to the maximum (a) * * * subspecies if and when we initiate a extent prudent and determinable at the listing action. time we would propose to list the (3) For each report required under DATES: To allow us adequate time to subspecies. Therefore, with regard to paragraphs (a) through (c) of §§ 579.21 conduct this review, we request that we areas within the geographical range through 579.26 and submitted in the receive information on or before currently occupied by the Sacramento manner provided in paragraph (a)(1) of February 3, 2009. Mountains checkerspot butterfly, we this section, a manufacturer must ADDRESSES: You may submit also request data and information on provide a make, model and model year information by one of the following what may constitute physical or that is identical to the make, model, methods: biological features essential to the model year provided in the • Federal eRulemaking Portal: http:// conservation of the subspecies, where manufacturer’s previous report. A www.regulations.gov. Follow the these features are currently found, and manufacturer that intends to provide a instructions for submitting comments. whether any of these features may make, model, model year in its report • U.S. mail or hand-delivery: Public require special management that is not identical to the Comments Processing, Attn: FWS-R2- considerations or protection. In manufacturer’s previous report, must ES-2008-0110; Division of Policy and addition, we request data and notify NHTSA by populating the Directives Management; U.S. Fish and information regarding whether there are appropriate field in the template Wildlife Service; 4401 N. Fairfax Drive, areas outside the geographical area required under paragraph (a)(1) of this Suite 222; Arlington, VA 22203. occupied by the subspecies that are section. We will not accept e-mail or faxes. We essential to the conservation of the * * * * * will post all information received on subspecies. Please provide specific VerDate Aug<31>2005 14:59 Dec 04, 2008 Jkt 217001 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 E:\FR\FM\05DEP1.SGM 05DEP1 dwashington3 on PROD1PC60 with PROPOSALS 74124 Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Proposed Rules information as to what, if any, critical notice of this finding promptly in the Petition habitat should be proposed for Federal Register. On July 5, 2007, we received a designation if the subspecies is Our standard for substantial petition dated June 28, 2007, from proposed for listing, and why that information within the Code of Federal Forest Guardians (now WildEarth proposed habitat meets the Regulations (CFR) with regard to a 90– Guardians) and the Center for Biological requirements of the Act (16 U.S.C. 1531 day petition finding is ‘‘that amount of Diversity requesting that we emergency et seq.). information that would lead a list the butterfly as endangered, and that Please note that comments merely reasonable person to believe that the we designate critical habitat stating support or opposition to the measure proposed in the petition may concurrently with the listing. The action under consideration without be warranted’’ (50 CFR 424.14(b)). If we petition clearly identifies itself as a providing supporting information, find that substantial information was petition, and includes the information although noted, will not be considered presented, we are required to promptly required in 50 CFR 424.14(a). The in making a determination, as section commence a review of the status of the petitioners assert that insect control, 4(b)(1)(A) of the Act directs that species. climate change, private development, determinations as to whether any In making this finding, we based our roads, livestock grazing, wildfire, species is a threatened or endangered decision on information provided by the recreational impacts, and noxious weed species must be made ‘‘solely on the petitioners and information available in basis of the best scientific and management threaten the butterfly. The our files at the time of the petition petitioners state that many of the threats commercial data available.’’ Based on review, and we evaluated that the status review, we will issue a 12– identified in the September 6, 2001, information in accordance with 50 CFR month finding on the petition, as proposed rule to list the species (66 FR 424.14(b). Our process for making a 90– provided in section 4(b)(3)(B) of the Act. 46575) are still valid. They claim that You may submit your information day finding under section 4(b)(3)(A) of the Service erred in 2004 (69 FR 76428) concerning this finding by one of the the Act and §424.14(b) of our when we withdrew the 2001 proposed methods listed in the ADDRESSES regulations is limited to a determination listing rule. The petitioners also claim section. We will not consider of whether the information contained in that insect control and climate change submissions sent by e-mail or fax or to the petition meets the ‘‘substantial pose an imminent and significant risk to an address not listed in the ADDRESSES information’’ threshold. species and request that the Service section. Previous Federal Actions emergency list the butterfly. If you submit information via http:// Emergency listing is not a petitionable www.regulations.gov, your entire On January 28, 1999, we received a action under the Act. Emergency listing submission—including any personal petition from Mr. Kieran Suckling of the is allowed under the Act whenever identifying information—will be posted Southwest Center for Biological immediate protection is needed to on the website.
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