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Federal Register/Vol. 75, No. 119/Tuesday, June 22, 2010 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules 35375 this section, PHMSA will stay is not required to complete those parts number FWS-R2-ES-2009-0014 and then compliance with §§ 195.452(d) and of the hazardous liquid annual report follow the instructions for submitting 195.452 (j)(3) until it has completed an form PHMSA F 7000–1.1 associated comments. analysis of the notification. PHMSA will with integrity management or high • U.S. mail or hand-delivery: Public consult the Department of Energy, as consequence areas. Comments Processing, Attn: Docket No. appropriate, to help analyze the Issued in Washington, DC, on June 16, FWS-R2-ES-2009-0014; Division of potential energy impact of loss of the 2010. Policy and Directives Management; U.S. pipeline. Based on the analysis, PHMSA Jeffrey D. Wiese, Fish and Wildlife Service; 4401 N. may grant the operator a special permit Associate Administrator for Pipeline Safety. Fairfax Drive, Suite 222; Arlington, VA to allow continued operation of the [FR Doc. 2010–14998 Filed 6–21–10; 8:45 am] 22203. pipeline subject to alternative safety We will post all comments on http:// BILLING CODE 4910–60–P requirements. www.regulations.gov. This generally (e) Changes in unusually sensitive means that we will post any personal areas. information you provide us (see the DEPARTMENT OF THE INTERIOR (1) If, after June 3, 2008, an operator Public Comments section below for identifies a new USA that causes a Fish and Wildlife Service more information). segment of pipeline to meet the criteria FOR FURTHER INFORMATION CONTACT: in paragraph (b) of this section as a 50 CFR Part 17 Wally ‘‘J’’ Murphy, Field Supervisor, Category 1 or Category 2 rural low-stress U.S. Fish and Wildlife Service, New pipeline, the operator must: [Docket No. FWS-R2-ES-2009-0014] Mexico Ecological Services Field Office, [92210-1117-0000-B4] (i) Comply with the integrity 2105 Osuna Rd NE, Albuquerque, NM management program requirement in RIN 1018-AW50 87113; telephone 505–761–4781; paragraph (c)(1)(iii)(A) or (c)(2)(iii)(A) of facsimile 505–246–2542. If you use a this section, as appropriate, within 12 Endangered and Threatened Wildlife telecommunications device for the deaf months following the date the area is and Plants; Designation of Critical (TDD), call the Federal Information identified regardless of the prior Habitat for Roswell Springsnail, Relay Service (FIRS) at 800–877–8339. categorization of the pipeline; and Koster’s Springsnail, Noel’s SUPPLEMENTARY INFORMATION: (ii) Complete the baseline assessment Amphipod, and Pecos Assiminea required by paragraph (c)(1)(iii)(C) or Public Comments (c)(2)(iii)(C) of this section, as AGENCY: Fish and Wildlife Service, We intend that any final action appropriate, according to the schedule Interior. resulting from this proposed rule will be in § 195.452(d)(3). ACTION: Proposed rule. based on the best scientific and (2) If a change to the boundaries of a SUMMARY: We, the U.S. Fish and commercial data available and be as USA cause a Category 1 or Category 2 Wildlife Service, propose to revise accurate and as effective as possible. pipeline segment to no longer be within designated critical habitat for the Pecos Therefore, we request comments or one-half mile of a USA, an operator assiminea (Assiminea pecos), and to information from other concerned must continue to comply with newly designate critical habitat for the government agencies, the scientific paragraph (c)(1)(iii) or paragraph Roswell springsnail (Pyrgulopsis community, industry, or other (c)(2)(iii) of this section, as applicable, roswellensis), Koster’s springsnail interested parties concerning the with respect to that segment unless the (Juturnia kosteri), and Noel’s amphipod proposed revisions to critical habitat for operator determines that a release from (Gammarus desperatus), under the the Pecos assiminea (Assiminea pecos), the pipeline could not affect the USA. Endangered Species Act of 1973, as and the proposed critical habitat for the (f) Record Retention. An operator amended. In total, we are proposing to must maintain records demonstrating Roswell springsnail (Pyrgulopsis designate as critical habitat roswellensis), Koster’s springsnail compliance with each requirement approximately 515 acres (208.4 applicable to the category of pipeline (Juturnia kosteri), and Noel’s amphipod hectares) for the four species. The (Gammarus desperatus), as well as the according to the following schedule. proposed critical habitat is located in (1) An operator must maintain the draft economic analysis and draft Chaves County, New Mexico, and Pecos environmental assessment of the segment identification records required and Reeves Counties, Texas. We also in paragraph (c)(1)(i), (c)(2) (i) or (c)(3)(i) proposed designation. We will consider announce the availability of the draft information and recommendations from of this section for the life of the pipe. economic analysis and draft (2) An operator must maintain the all interested parties. We particularly environmental assessment for this seek comments concerning: records necessary to demonstrate action. compliance with each applicable (1) The reasons why we should or requirement set forth in paragraph (c) of DATES: We request that comments be should not designate habitat as ‘‘critical this section according to the record received or postmarked on or before habitat’’ under section 4 of the retention requirements of the referenced August 23, 2010. Please note that Endangered Species Act of 1973, as section or subpart. submissions via the Federal amended (Act) (16 U.S.C. 1531 et seq.), 4. Section 195.48 is revised to read as eRulemaking Portal (see ADDRESSES including whether there are threats to follows: section, below) must be made by 11:59 the species from human activity, the pm Eastern Standard Time on this date. degree of which can be expected to § 195.48 Scope. We must receive requests for public increase due to the designation, and This subpart prescribes requirements hearings, in writing, at the address whether that increase in threat for periodic reporting and for reporting shown in the FOR FURTHER INFORMATION outweighs the benefit of designation of accidents and safety-related CONTACT section by August 6, 2010. such that the designation of critical conditions. This subpart applies to all ADDRESSES: You may submit comments habitat is not prudent. pipelines subject to this part. An by one of the following methods: (2) Specific information on: operator of a Category 3 rural low-stress • Federal eRulemaking Portal: http:// • The amount and distribution of pipeline meeting the criteria in § 195.12 www.regulations.gov. Search for docket habitat for the Roswell springsnail, VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS 35376 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules Koster’s springsnail, Noel’s amphipod, we request that you send relevant New Mexico Ecological Services Field and Pecos assiminea (four information for our consideration. The Office (see FOR FURTHER INFORMATION invertebrates); comments that will be most useful and CONTACT), or by visiting our website at • What areas occupied at the time of likely to influence our decisions are http://www.fws.gov/southwest/es/ listing and that contain features those that you support by quantitative NewMexico/. essential to the conservation of the information or studies and those that Public Availability of Comments species we should include in the include citations to, and analyses of, the designation and why; applicable laws and regulations. Please As stated above in more detail, before • Special management considerations make your comments as specific as including your address, phone number, or protections that the features essential possible and explain the bases for them. e-mail address, or other personal to the conservation of the Roswell In addition, please include sufficient identifying information in your springsnail, Koster’s springsnail, Noel’s information with your comments to comment, you should be aware that amphipod, and Pecos assiminea that allow us to authenticate any scientific or your entire comment—including your have been identified in this proposal commercial data you include. personal identifying information—may may require, including managing for the You must submit your comments and be made publicly available at any time. potential effects of climate change; and materials concerning this proposed rule, While you can ask us in your comment • What areas not occupied at the time the associated draft economic analysis, to withhold your personal identifying of listing are essential for the and the associated draft environmental information from public review, we conservation of the species and why. assessment by one of the methods listed cannot guarantee that we will be able to (3) Land use management and current above in the ADDRESSES section. We will do so. or planned activities in the subject areas not accept comments sent by e-mail or Background and their possible impacts on proposed fax or to an address not listed in critical habitat. ADDRESSES. It is our intent to discuss only those (4) Any probable economic, national If you submit a comment via http:// topics relevant to the designation of security, or other relevant impacts of www.regulations.gov, your entire critical habitat in this proposed rule. For designating any area that may be comment—including any personal more information on the Roswell included in the final designation. We identifying information, such as your springsnail (Pyrgulopsis roswellensis), are particularly interested in any address, telephone number, or e-mail Koster’s springsnail (Juturnia kosteri), impacts on small entities or families, address—will be posted on the Web site. Noel’s amphipod (Gammarus and the benefits of including or Please note that comments submitted to desperatus), and Pecos assiminea excluding areas that exhibit these this Web site are not immediately (Assiminea pecos), refer to the final impacts.
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