Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Proposed Rules 24253 standard, and prohibit wideband MHz commercial licensees, and whether that this further notice of proposed operations on a going forward basis. The Federal or other grant monies could be rulemaking in WT Docket No. 06–150, public safety community expressed used. In the event the Commission CC Docket No. 94–102, WT Docket No. broad support for a broadband determines to license the broadband 01–309, WT Docket No. 03–264, WT allocation to enable advanced allocation to a nationwide public safety Docket No. 06–169, WT Docket No. 96– communications capabilities. The broadband licensee, the FNPRM also 86 and PS Docket No. 06–229 IS availability of a contiguous block of invites comment on whether that ADOPTED. broadband spectrum, subject to a licensee should be assigned 119. It is further ordered that pursuant nationwide interoperability standard, responsibility for funding the to applicable procedures set forth in § § would enable partnerships with reconfiguration. 1.415 and 1.419 of the Commission’s commercial licensees in adjacent 115. Although the economic burden Rules, 47 CFR 1.415, 1.419, interested broadband spectrum. As a result, the on public safety to effectuate parties may file comments on the proposed band plan would ultimately reconfiguration is expected to be further notice of proposed rulemaking enable public safety entities to utilize relatively small, the FNPRM will on or before May 23, 2007 and reply the 700 MHz spectrum in a more cost- develop a record on the true costs that comments on or before May 30, 2007. effective and spectrally efficient manner would be implicated. The Commission 120. It is further ordered that the to address their homeland security and remains open to considering Commission’s Consumer and emergency response roles. Because the alternatives, however, should an Governmental Affairs Bureau, Reference Commission does not anticipate that the alternative be stated in comments that Information Center, SHALL SEND a proposal will impose additional would reach our objectives and copy of this further notice of proposed economic burdens on public safety, and minimize the impact on public safety rulemaking, including the Initial is in fact designed to reduce economic entities. Regulatory Flexibility Analysis, to the burdens on public safety, the 116. Frontline Proposal. In the Chief Counsel for Advocacy of the Small Commission has taken steps to FNPRM, the Commission seeks Business Administration. minimize any adverse impact of the rule comment on Frontline’s proposed 121. It is further ordered that the changes. ‘‘Public Safety Broadband Deployment Commission shall send a copy of this Plan.’’ Although Frontline proposes that further notice of proposed rulemaking 114. The FNPRM also seeks comment the Commission offer bidding credits to in a report to be sent to Congress and on its tentative conclusion to applicants based on their status as a the General Accounting Office pursuant consolidate the narrowband spectrum to small business, the Commission to the Congressional Review Act, 5 the top of the public safety band and tentatively concludes in the FNPRM U.S.C. 801(a)(1)(A). locate the broadband spectrum at the that it should not offer any bidding Federal Communications Commission. bottom of the public safety band, in preferences, such as bidding credits, to Marlene H. Dortch, light of the potentially significant applicants for the ‘‘E Block’’ license. benefits such reconfiguration would The FNPRM states, however, that the Secretary. afford the public safety community. The public interest would not appear to [FR Doc. E7–8440 Filed 5–1–07; 8:45 am] alternative would be to retain the favor giving applicants a preference BILLING CODE 6712–01–P existing band plan. The FNPRM seeks when bidding for the ‘‘E Block’’ license comment on how to implement based on their limited financial reconfiguration of the narrowband resources, as the Commission does DEPARTMENT OF THE INTERIOR channels with minimum disruption to when it offers bidding credits to small Fish and Wildlife Service incumbent operations. The FNPRM businesses in these circumstances. The invites comment on an appropriate Commission stated that its concerns 50 CFR Part 17 transition mechanism, including how to regarding the capital needed to accommodate public safety operations implement a nationwide service are in the border areas with Canada and Endangered and Threatened Wildlife especially acute in this instance, and Plants; 12-Month Finding on a Mexico, and the costs of relocation and because the ‘‘E Block’’ licensee would how such costs will be covered. The Petition to List the Sand Mountain Blue be responsible for constructing a Butterfly (Euphilotes pallescens ssp. Commission expects that the number of network to meet the needs of critical entities impacted and expected cost of arenamontana) as Threatened or public safety providers. The Endangered with Critical Habitat reconfiguration should be relatively Commission seeks comment on this minor. To assist the Commission in its tentative conclusion. AGENCY: Fish and Wildlife Service, analysis, however, commenters are Interior. F. Federal Rules That May Duplicate, requested to provide information ACTION: Notice of 12-month petition Overlap, or Conflict With the Proposed regarding the number of narrowband finding. radios that are deployed, as well as the Rules number of radios that are in active use, 117. None. SUMMARY: We, the U.S. Fish and and thus would be affected by the Wildlife Service (Service), announce our proposed changes to the 700 MHz Ordering Clauses 12-month finding on a petition to list public safety band plan as described in 118. It is further ordered pursuant to the Sand Mountain blue butterfly the FNPRM. The FNPRM recognizes Sections 1, 2, 4(i), 5(c), 7, 10, 201, 202, (Euphilotes pallescens arenamontana) that the public safety community’s 208, 214, 301, 302, 303, 307, 308, 309, as threatened or endangered under the ability to fund the reconfiguration may 310, 311, 314, 316, 319, 324, 332, 333, Endangered Species Act of 1973, as be limited. Thus, in addition to 336, 337, 614, 615, and 710 of the amended (Act). After a thorough review considering whether public safety Communications Act of 1934, as of all available scientific and should pay for its own relocation costs, amended, 47 U.S.C. 151, 152, 154(i), commercial information, we find that the FNPRM seeks comment on several 155(c), 157, 160, 201, 202, 208, 214, 301, the petitioned action is not warranted. alternatives, including whether to 302, 303, 307, 308, 309, 310, 311, 314, We ask the public to continue to submit impose funding requirements on 700 316, 319, 324, 332, 333, 336, and 337, to us any new information concerning VerDate Mar 15 2010 02:45 Aug 19, 2011 Jkt 223001 PO 00000 Frm 00062 Fmt 4702 Sfmt 4702 E:\FEDREG\02MYP1.LOC 02MYP1 mmaher on DSK3CLS3C1PROD with $$_JOB 24254 Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Proposed Rules the status of, and threats to, this butterfly remained a Category 2 April 26, 2007 (Center for Biological subspecies. This information will help candidate as Euphilotes rita ssp. in our Diversity et al. v. Norton, and U.S. Fish us to monitor and encourage the 1994 CNOR (November 15, 1994; 59 FR and Wildlife Service (CV–00023–LKK– ongoing management of this subspecies. 59020). In the CNOR published on GGH), (E.D. Cal)). DATES: The finding announced in this February 28, 1996 (61 FR 7596), we On August 8, 2006, we published our document was made May 2, 2007. adopted a single category of candidate 90-day finding in the Federal Register ADDRESSES: Data, information, species defined as follows: ‘‘Those (71 FR 44988), in which we concluded comments, or questions regarding this species for which the Service has on file that the petition presented substantial notice should be submitted to the Field sufficient information on biological scientific or commercial information to Supervisor, Nevada Fish and Wildlife vulnerability and threat(s) to support indicate that listing the Sand Mountain Office, U.S. Fish and Wildlife Service, issuance of a proposed rule to list but blue butterfly may be warranted, we 1340 Financial Boulevard, Suite 234, issuance of the proposed rule is initiated a status review of the taxon, and we solicited comments and Reno, NV 89502. The complete precluded.’’ In previous CNORs, species information to be provided in administrative file for this finding is matching this definition were known as connection with the status review by available for inspection, by appointment Category 1 candidates for listing. Thus October 10, 2006. This notice and during normal business hours, at the Service no longer considered constitutes our 12-month finding and is the above address. Category 2 species as candidates, and did not include them in the 1996 or any submitted in fulfillment of the April 20, FOR FURTHER INFORMATION CONTACT: subsequent CNORs. The decision to stop 2006, stipulated settlement agreement. Robert D. Williams, Field Supervisor, considering Category 2 species as On August 18, 2006, we became a Nevada Fish and Wildlife Office (see candidates was designed to reduce signatory to the multi-party Sand ADDRESSES) (telephone 775/861–6300; confusion about the status of these Mountain Blue Butterfly Conservation facsimile 775/861–6301). species, and to clarify that we no longer Plan (Conservation Plan), which became SUPPLEMENTARY INFORMATION: regarded these species as candidates for effective September 21, 2006 (Lahontan Background listing. Since the Sand Mountain blue Valley Environmental Alliance (LVEA), butterfly was a Category 2 species, we 2006). For a further discussion of the Section 4(b)(3)(B) of the Act (16 no longer recognized it as a candidate Conservation Plan, see the U.S.C. 1531 et seq.) requires that, for species as of the February 28, 1996, ‘‘Conservation Efforts’’ section below.