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12-Month Finding on a Petition to Remove the Bliss Rapids Snail

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47536 Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Proposed Rules (2) The amount of the allotment for (1) The State has submitted to the claimed during a 2-year period of each of the 50 States and the District of Secretary, and has approved by the availability, beginning with the fiscal Columbia, and for each of the Secretary a State plan amendment or year of the final allotment and ending Commonwealths and Territories (not waiver request relating to an expansion with the end of the succeeding fiscal including the additional amount for FY of eligibility for children or benefits year following the fiscal year. 2009 determined under paragraph under title XXI of the Act that becomes Authority: (Section 1102 of the Social (c)(2)(ii) of this section) is equal to the effective for a fiscal year (beginning Security Act (42 U.S.C. 1302) product of: with FY 2010 and ending with FY (Catalog of Federal Domestic Assistance (i) The percentage determined by 2013); and Program No. 93.778, Medical Assistance dividing the amount in paragraph (2) The State has submitted to the Program) (e)(2)(i)(A) by the amount in paragraph Secretary, before the August 31 (Catalog of Federal Domestic Assistance (e)(2)(i)(B) of this section. preceding the beginning of the fiscal Program No. 93.767, State Children’s Health (A) The amount of the State allotment year, a request for an expansion Insurance Program)) allotment adjustment under this for each of the 50 States and the District Dated: June 19, 2009. of Columbia, and for each of the paragraph for such fiscal year that Charlene Frizzera, Commonwealths and Territories (not specifies— (i) The additional expenditures that Acting Administrator, Centers for Medicare including the additional amount for FY & Medicaid Services. 2009 determined under paragraph are attributable to the eligibility or Approved: July 29, 2009. (c)(2)(ii) of this section). benefit expansion provided under the (B) The sum of the amounts for each amendment or waiver described in Kathleen Sebelius, of the 50 States and the District of paragraph (g)(1) of this section, as Secretary. Columbia, and the Commonwealths and certified by the State and submitted to [FR Doc. E9–22162 Filed 9–15–09; 8:45 am] Territories in paragraph (e)(2)(i) of this the Secretary by not later than August BILLING CODE 4120–01–P section. 31 preceding the beginning of the fiscal (ii) The total amount available for year; and allotment for the fiscal year under (ii) The extent to which such DEPARTMENT OF THE INTERIOR paragraph (b) of this section additional expenditures are projected to (f) Allotment increase factor. The exceed the allotment of the State or Fish and Wildlife Service allotment increase factor for a fiscal year District for the year. is equal to the product of the following: (3) Subject to paragraph (e) of this 50 CFR Part 17 (1) Per capita health care growth section relating to proration, the amount [Docket No. FWS–R1–ES–2008–0073; factor. The per capita health care growth of the allotment of the State or District 14420–1113–0000–C6] factor for a fiscal year is equal to 1 plus under this subsection for such fiscal the percentage increase in the projected year shall be increased by the excess Endangered and Threatened Wildlife per capita amount of the National amount described in paragraph (g)(2)(i). and Plants; 12-Month Finding on a Health Expenditures from the calendar A State or District may only obtain an Petition to Remove the Bliss Rapids year in which the previous fiscal year increase under paragraph (g)(2)(ii) of Snail (Taylorconcha serpenticola) ends to the calendar year in which the this section for an allotment for FY 2010 From the List of Endangered and fiscal year involved ends, as most or FY 2012. Threatened Wildlife recently published by CMS before the (h) CHIP Fiscal Year Allotment Process. As determined by the AGENCY: Fish and Wildlife Service, beginning of the fiscal year involved. Interior. (2) Child Population Growth Factor. Secretary, the CHIP allotments for a fiscal year may be published as ACTION: Notice of 12-month petition The child population growth factor for finding. a fiscal year is equal to 1 plus the Preliminary Allotments or Final percentage increase (if any) in the Allotments in the Federal Register. SUMMARY: We, the U.S. Fish and population of children in the State from § 457.610 [Amended] Wildlife Service (Service), announce a July 1 in the previous fiscal year to July 5. Amend the section heading for 12-month finding on a petition to 1 in the fiscal year involved, as § 457.610 by— remove the Bliss Rapids snail determined by CMS based on the most A. Amending the section heading by (Taylorconcha serpenticola) from the recent published estimates of the removing the words ‘‘for a fiscal year’’ Federal List of Endangered and Census Bureau available before the and adding in its place ‘‘prior to FY Threatened Wildlife (List) pursuant to beginning of the fiscal year involved 2009’’. the Endangered Species Act of 1973, as plus 1 percentage point. For purposes of B. Removing the words ‘‘for a fiscal amended (Act) (16 U.S.C. 1531 et seq.). determining the Child Population year’’ and add in its place add ‘‘prior to Based on a thorough review of the best Growth Factor for FY 2009 for the FY 2009’’in the first line of the scientific and commercial data Commonwealths and Territories only, in paragraph. available, the species continues to be applying the previous sentence, ‘‘United 6. Add a new § 457.611 to subpart F restricted to a small geographic area in States’’ is substituted for ‘‘the State’’. to read as follows: the middle-Snake River, Idaho, where it (g) Increase in State allotment for the is dependent upon cool-water spring 50 States and the District of Columbia § 457.611 Period of availability for State outflows. Although some threats for FY 2010 through FY 2013 to account allotments for a fiscal year after FY 2008. identified at the time of listing in 1992 for approved program expansions. In The amount of a final allotment for a no longer exist or have been moderated, the case of the 50 States and the District fiscal year after FY 2008, as determined ground water depletion and impaired of Columbia, the State allotment for FY under § 457.609 and reduced to reflect water quality still threaten the Bliss 2010 through FY 2013, as determined in certain Medicaid expenditures in Rapids snail. In addition, there are accordance with the provisions of this accordance with § 457.616, remains significant uncertainties about the section, may be increased under the available until expended for Federal effects of hydropower operations and following conditions and amounts: payments based on expenditures New Zealand mudsnails on the VerDate Nov<24>2008 16:46 Sep 15, 2009 Jkt 217001 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 srobinson on DSKHWCL6B1PROD with PROPOSALS Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Proposed Rules 47537 persistence of Bliss Rapids snails in having strictly male and female Reservoir). Increased sampling effort has riverine habitats. In the absence of the individuals and may exhibit an documented its presence at many more Act’s protections, existing regulations iteroparous (more than one reproductive locations within its range. Based on 837 are not likely to be sufficient to conserve event in an individual’s lifetime) sample events conducted by the Idaho the species. Given our current reproductive strategy (Richards 2004, p. Power Company (IPC), the Bliss Rapids understanding of the species’ 119). The timing of reproduction snail is documented to occur within the geographic distribution, habitat apparently varies by habitat-type. Egg- non-reservoir sections of the middle requirements, and threats, the species laying normally occurs in spring Snake River from approximately RM continues to meet the definition of a colonies between December and March, 547 to RM 572, and RM 580 (Richards threatened species under the Act. while in river colonies egg laying occurs et al. 2006, pp. 33–38). This represents Therefore, we have determined that in January and February (Hershler et al. a refined distribution since the time of removing the Bliss Rapids snail from the 1994, p. 239). Eggs are laid singly, in listing in 1992 due to more accurate List is not warranted at this time. small capsules attached to the bottoms survey data. DATES: We made the finding announced or sides of rocks (Hershler et al. 1994, Bliss Rapids snails are also known to in this document September 16, 2009. p. 239). Emergence of young typically occur in 14 springs or Snake River tributary streams (from RM 552.8 to RM ADDRESSES: This notice is available on takes place a few weeks after egg 604.5) derived from cold water springs the Internet at http://www.fws.gov/idaho deposition depending on water including: Bancroft Springs; Thousand and at http://www.regulations.gov at temperature (Dillon 2000, p. 103), but Springs and Minnie Miller Springs Docket No. FWS–R1–ES–2008–0073. specific timing and temperature (Thousand Springs Preserve); Banbury Supporting documentation we used in information is lacking. Bliss Rapids snails primarily consume Springs; Niagara Springs; Crystal preparing this notice will be available epilithic periphyton (diatom films that Springs; Briggs Springs; Blue Heart for public inspection, by appointment, primarily grow on rock surfaces), as do Springs; Box Canyon Creek; Riley Creek; during normal business hours at the many freshwater snails (Richards Sand Springs Creek; Elison Springs; the U.S.
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