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Federal Register/Vol. 63, No. 95/Monday, May 18, 1998

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Federal Register/Vol. 63, No. 95/Monday, May 18, 1998 Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Proposed Rules 27255 We invite comment on all aspects of has been a substantial, measurable DEPARTMENT OF THE INTERIOR this proposal. Any person that wishes to deterioration in rail service provided by participate as a party of record in this the incumbent carrier. Fish and Wildlife Service matter must notify us of this intent by (b)(1) Petition for Relief. Parties may May 28, 1998. In order to be designated seek relief described in paragraph (a) of 50 CFR Part 17 a party of record, a person must satisfy this section by filing an appropriate Endangered and Threatened Wildlife the filing requirements outlined in the petition containing: and Plants, Notice of Reopening of ADDRESSES section. We will then (i) A full explanation, together with Comment Period on the Proposed compile and issue a service list. Copies all supporting evidence, to demonstrate Threatened Status of the Sacramento of comments and replies must be served that the standard for relief contained in Splittail on all persons designated on the list as paragraph (a) of this section is met; a party of record. Comments on the (ii) A summary of the petitioner's AGENCY: Fish and Wildlife Service, proposal are due June 15, 1998; replies discussions with the incumbent carrier Interior. of the service problems and the reasons are due July 15, 1998. ACTION: Proposed rule, notice of why the incumbent carrier is unlikely to A copy of this decision is being reopening of comment period. served on all parties on the service list restore adequate rail service consistent in Ex Parte No. 575. This decision will with the shipper's needs within a SUMMARY: The Fish and Wildlife Service serve as notice that persons who were reasonable period of time; (Service), pursuant to the Endangered parties of record in the Ex Parte 575 (iii) A commitment from another Species Act of 1973, as amended (Act), proceeding will not be placed on the available railroad to provide alternative provides notice of the reopening of the service list in the Ex Parte 628 service that would meet the shipper's comment period for the proposed proceeding unless they notify us of their service needs, and how that carrier threatened status for the Sacramento intent to participate therein. would provide the service safely splittail (Pogonichthys macrolepidotus). The Board preliminarily certifies that without degrading service to its existing The comment period has been reopened the proposed rules, if adopted, would customers or unreasonably interfering to acquire additional information on the not have a significant effect on a with the incumbent's overall ability to status, abundance and distribution of substantial number of small entities. provide service; and the Sacramento splittail in the Central (iv) A certification of service of the While the proposed rules, if adopted, Valley of California. petition, by overnight delivery, on the may ease the burdens on obtaining DATES: Comments received by July 17, alternative rail service in the limited incumbent carrier. (2) Reply. The incumbent carrier must 1998 will be considered by the Service. situations described, we do not expect file a reply to a petition under this ADDRESSES: Written comments, them to affect a substantial number of subsection within five (5) business days. materials and data, and available reports small entities. The Board, however, (3) Rebuttal. The party requesting and articles concerning this proposal seeks comments on whether there relief may file rebuttal no more than should be sent directly to the Field would be effects on small entities that three (3) business days later. Supervisor, Sacramento Fish and should be considered. (c) Presumption of Continuing Need. Wildlife Office, U.S. Fish and Wildlife This action will not significantly Unless otherwise indicated in the Service, 3310 El Camino Avenue, Suite affect either the quality of the human Board's order, a Board order issued 130, Sacramento, California 95821. environment or the conservation of under paragraph (a) of this section that Comments and materials received will energy resources. prescribes relief under 49 U.S.C. be available for public inspection, by List of Subjects in 49 CFR Part 1146 11123(a) shall establish a rebuttable appointment, during normal business Administrative practice and presumption that the transportation hours at the above address. procedures, Railroads. emergency will continue for more than FOR FURTHER INFORMATION CONTACT: 30 days from the date of that order. Mike Thabault, at the address listed Decided: May 12, 1998. (d)(1) Petition to Terminate Relief. above (telephone 916/979±2725, By the Board, Chairman Morgan and Vice Should the Board prescribe alternative facsimile 916/979±2723). Chairman Owen. rail service under paragraph (a) of this SUPPLEMENTARY INFORMATION: Vernon A. Williams, section, the incumbent carrier may Secretary. subsequently file a petition to terminate Background For the reasons set forth in the that relief. Such a petition shall contain The Sacramento splittail preamble, title 49, chapter X, Part 1146, a full explanation, together with all (Pogonichthys macrolepidotus), is the consisting of § 1146.1, is proposed to be supporting evidence, to demonstrate only large cyprinid that is endemic to added to read as follows: that the carrier is providing, or is California's Central Valley, where they prepared to provide, adequate service to were once widely distributed (Moyle PART 1146ÐEXPEDITED RELIEF FOR affected shippers. Absent special 1976). Historically, splittail were found SERVICE INADEQUACIES circumstances, carriers are discouraged as far north as Redding on the 1. The authority for part 1146 will from filing such a petition less than 90 Sacramento River, as far south as the read as follows: days after relief is granted under present-day site of Friant Dam on the paragraph (a) of this section. San Joaquin River, and as far upstream Authority: 49 U.S.C. 721, 11102, 11123, (2) Reply. Parties must file replies to and 10705. as the current Oroville Dam site on the petitions to terminate filed under this Feather River and Folsom Dam site on § 1146.1 Prescription of Alternative Rail subsection within five (5) business days. the American River (Rutter 1908). Service (3) Rebuttal. The incumbent carrier In recent times, dams and diversions (a) General. Alternative rail service may file any rebuttal no more than three have increasingly prevented upstream will be prescribed under 49 U.S.C. (3) business days later. access to large rivers, and the species is 11102(a), 11102(c), 10705(a), or * * * * * now apparently restricted to a small 11123(a), if the Board determines that, [FR Doc. 98±13095 Filed 5±15±98; 8:45 am] portion of its former range (Moyle and over an identified period of time, there BILLING CODE 4915±00±P Yoshiyama 1992). Splittail enter the 27256 Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Proposed Rules lower reaches of the Feather (Jones and On March 19 and March 20, 1998, the Sommer, T., R. Baxter, and B. Herbold. 1997. Stokes 1993) and American rivers California Department of Water Resilience of the Splittail in the (Charles Hanson, State Water Resources and the State Water Sacramento-San Joaquin Estuary. Contractors, in litt., 1993) on occasion; Transactions of the American Fisheries Contractors, respectively, requested a Society 126:961±976. however, the species now is largely reopening of the comment period. The confined to the delta, Suisun Bay, basis of this request is that substantial Authority Suisun Marsh, and Napa Marsh. The data have been collected since 1995 The authority for this action is the ``Delta'' refers to all tidal waters regarding the abundance and Endangered Species Act of 1973 (16 contained within the legal definition of distribution of the splittail. The Service U.S.C. 1531 et seq.). the San Francisco Bay-Sacramento-San believes that consideration of this and Dated: May 12, 1998. Joaquin River Delta, as delineated by any new information is significant to Thomas Dwyer, section 12220 of the State of California's make the final determination for the Acting Regional Director, U.S. Fish and Water Code of 1969. Generally, the Delta Sacramento splittail. For this reason, the Wildlife Service, Region 1. is contained within a triangular area Service particularly seeks information [FR Doc. 98±13083 Filed 5±15±98; 8:45 am] that extends south from the City of Sacramento to the confluence of the concerning abundance and distribution BILLING CODE 4310±55±P Stanilaus and San Joaquin Rivers at the data for this species from 1995±1997. Specifically, the Service seeks southeast corner and Chipps Island in DEPARTMENT OF COMMERCE Suisun Bay. comments regarding the paper In recent years, splittail have been ``Resilience of Splittail in the National Oceanic and Atmospheric found most often in slow moving Sacramento-San Joaquin Estuary'' Administration sections of rivers and sloughs and dead- (Sommer et al. 1997), and how the end sloughs (Moyle et al. 1982, Daniels information contained in this paper 50 CFR Part 648 effects the Service's recommendation for and Moyle 1983). Reports from the [Docket No. 980508122±8122±01; I.D. 1950's, however, mention Sacramento listing the Sacramento splittail as a 042498A] River spawning migrations and catches threatened species. of splittail during fast tides in Suisun Written comments may be submitted Fisheries of the Northeastern United Bay (Caywood 1974). California until July 17, 1998 to the Service office States; Spiny Dogfish Fishery; Control Department of Fish and Game survey in the ADDRESSES section. Date for Spiny Dogfish data from the last 15 years indicate that AGENCY: National Marine Fisheries the highest catches occurred in shallow Author. Service (NMFS), National Oceanic and areas subject to flooding. Historically, Atmospheric Administration (NOAA), The primary author of this notice is major flood basins, distributed Commerce.
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