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Federal Register/Vol. 75, No. 48/Friday, March 12, 2010/Proposed Rules

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Federal Register/Vol. 75, No. 48/Friday, March 12, 2010/Proposed Rules 11808 Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Proposed Rules Anyone is able to search the Issued: March 5, 2010. made final, interstate transportation electronic form of all comments Stephen R. Kratzke, could be authorized for scientific, received into any of our dockets by the Associate Administrator for Rulemaking. medical, educational, or zoological name of the individual submitting the [FR Doc. 2010–5177 Filed 3–11–10; 8:45 am] purposes. comment (or signing the comment, if BILLING CODE P DATES: We will consider comments we submitted on behalf of an association, receive on or before May 11, 2010. business, labor union, etc.). You may ADDRESSES: You may submit comments review DOT’s complete Privacy Act DEPARTMENT OF THE INTERIOR by one of the following methods: Statement in the Federal Register at 65 • Federal eRulemaking Portal: http:// FR 19477, April 11, 2000, or you may Fish and Wildlife Service www.regulations.gov. Follow the visit http://www.regulations.gov. instructions for submitting comments to 50 CFR Part 16 Docket No. FWS-R9-FHC-2008-0015. If you wish Docket Management to • notify you upon its receipt of your RIN 1018-AV68 U.S. mail or hand-delivery: Public Comments Processing, Attn: Docket No. comments, enclose a self-addressed, [FWS-R9-FHC-2008-0015] stamped postcard in the envelope FWS-R9-FHC-2008-0015; Division of [94140-1342-0000-N3] Policy and Directives Management; U.S. containing your comments. Upon Fish and Wildlife Service; 4401 N. receiving your comments, Docket Injurious Wildlife Species; Listing the Fairfax Drive, Suite 222; Arlington, VA Management will return the postcard by Boa Constrictor, Four Python Species, 22203. mail. and Four Anaconda Species as We will not accept e-mail or faxes. We Injurious Reptiles How do I submit confidential business will post all comments on http:// information? AGENCY: Fish and Wildlife Service, www.regulations.gov. This generally Interior. means that we will post any personal If you wish to submit any information ACTION: Proposed rule; availability of information you provide us (see the under a claim of confidentiality, send draft environmental assessment and Public Comments section below for three copies of your complete draft economic analysis. more information). submission, including the information FOR FURTHER INFORMATION CONTACT: you claim to be confidential business SUMMARY: The U.S. Fish and Wildlife Supervisor, South Florida Ecological information, to the Chief Counsel, Service (Service) proposes to amend its Services Office, U.S. Fish and Wildlife National Highway Traffic Safety regulations to add Indian python Service, 1339 20th Street, Vero Beach, Administration, 1200 New Jersey (Python molurus, including Burmese FL 32960-3559; telephone 772-562-3909 Avenue, SE., Washington, DC 20590. python Python molurus bivittatus), ext. 256. If you use a Include a cover letter supplying the reticulated python (Broghammerus telecommunications device for the deaf information specified in our reticulatus or Python reticulatus), (TDD), please call the Federal confidential business information Northern African python (Python Information Relay Service (FIRS) at 800- regulation (49 CFR part 512). sebae), Southern African python 877-8339. (Python natalensis), boa constrictor (Boa SUPPLEMENTARY INFORMATION: In addition, send two copies from constrictor), yellow anaconda (Eunectes which you have deleted the claimed notaeus), DeSchauensee’s anaconda Previous Federal Action confidential business information to (Eunectes deschauenseei), green On June 23, 2006, the Service Docket Management, 1200 New Jersey anaconda (Eunectes murinus), and Beni received a petition from the South Avenue, SE., West Building, Room anaconda (Eunectes beniensis) to the list Florida Water Management District W12–140, Washington, DC 20590, or of injurious reptiles. This listing would (District) requesting that Burmese submit them electronically, in the prohibit the importation of any live pythons be considered for inclusion in manner described at the beginning of animal, gamete, viable egg, or hybrid of the injurious wildlife regulations under this notice. these nine constrictor snakes into the the Lacey Act (18 U.S.C. 42). The United States, except as specifically Will the agency consider late District is concerned about the number authorized. The best available comments? of Burmese pythons found in Florida, information indicates that this action is particularly in Everglades National Park NHTSA will consider all comments necessary to protect the interests of and on the District’s widespread that Docket Management receives before humans, wildlife, and wildlife resources property in South Florida. the close of business on the comment from the purposeful or accidental The Service published a notice of closing date indicated above under introduction and subsequent inquiry in the Federal Register (73 FR DATES. To the extent the research establishment of these large constrictor 5784; January 31, 2008) soliciting schedule allows, NHTSA will try to snake populations into ecosystems of available biological, economic, and consider comments that Docket the United States. If the proposed rule other information and data on the Management receives after that date, but is made final, live snakes, gametes, or Python, Boa, and Eunectes genera for hybrids of the nine species or their we cannot ensure that we will be able possible addition to the list of injurious viable eggs could be imported only by wildlife under the Lacey Act and to do so.3 permit for scientific, medical, provided a 90–day public comment Please note that even after the educational, or zoological purposes, or period. The Service received 1,528 comment closing date we will continue without a permit by Federal agencies comments during the public comment to file relevant information in the docket solely for their own use. The proposed period that closed April 30, 2008. We as it becomes available. Further, some rule, if made final, would also prohibit reviewed all comments received for commenters may submit late comments. any interstate transportation of live substantive issues and information Accordingly, we recommend that you snakes, gametes, viable eggs, or hybrids regarding the injurious nature of species periodically check the docket for new of the nine species currently held in the in the Python, Boa, and Eunectes material. United States. If the proposed rule is genera. Of the 1,528 comments, 115 VerDate Nov<24>2008 16:33 Mar 11, 2010 Jkt 220001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\12MRP1.SGM 12MRP1 srobinson on DSKHWCL6B1PROD with PROPOSALS Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Proposed Rules 11809 provided economic, ecological, and populations of these snakes in the wild ecosystems at risk from injurious other data responsive to 10 specific in the United States. wildlife prior to the species actually questions in the notice of inquiry. Most becoming established (Lodge et al. Why the Nine Species Were Selected for individuals submitting comments 2006). Based on climate alone, many Consideration as Injurious Species responded to the notice of inquiry as species of large constrictors are likely to though it was a proposed rule to list The four true giants (with maximum be limited to the warmest areas of the constrictor snakes in the Python, Boa, lengths well exceeding 6 m [20 ft]) are United States, including parts of and Eunectes genera as injurious under the Indian python, Northern African Florida, extreme south Texas, Hawaii, the Lacey Act. As a result, most python, reticulated python, and green and insular territories. For a few comments expressed either opposition anaconda; they are prevalent in species, large areas of the continental or support for listing the large international trade. The boa constrictor United States appear to have suitable constrictor snakes species and did not is large, prevalent in international trade, climatic conditions. There is a high provide substantive information. We and already established in South probability that large constrictors would considered the information provided in Florida. The Southern African python, establish populations in the wild within the 115 applicable comments in the yellow anaconda, DeSchauensee’s their respective thermal and preparation of the draft environmental anaconda, and Beni anaconda exhibit precipitation limits due to common life- assessment, draft economic analysis, many of the same biological history traits that make them successful and this proposed rule. characteristics as the previous five invaders, such as being habitat For the injurious wildlife evaluation species that pose a risk of establishment generalists that are tolerant of in this proposed rule, we considered: (1) and negative effects in the United urbanization and capable of feeding on The substantive information that we States. The Service is striving to prevent a wide range of size-appropriate received during the notice of inquiry, (2) the introduction and establishment of vertebrates (reptiles, mammals, birds, information from the United States all nine species into new areas of the amphibians, and fish; Reed and Rodda Geological Survey’s (USGS) ‘‘Giant United States due to concerns about the 2009). While a few of the largest species Constrictors: Biological and injurious effects of all nine species have been known to attack humans in Management Profiles and an consistent with 18 U.S.C. 42. their native ranges, such attacks appear Establishment Risk
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