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90-Day Finding on a Petition to List 10 Sturgeon Species

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90-Day Finding on a Petition to List 10 Sturgeon Species Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Proposed Rules 58507 (e) Applicability to ticketing. This the order which will include an option and other information regarding these section does not apply to a respondent to file an appeal for reconsideration of species. At the conclusion of this who fails to pay a civil penalty assessed the cessation of operations order within review, we will issue a 12-month by a ticket issued pursuant to § 107.310 20 days of receipt of the order; and finding on the petition, as provided in of this subchapter. (4) A description of the manner in section 4(b)(3)(B) of the Act. (f) Applicability to debtors. This which the respondent can make DATES: To allow us adequate time to section does not apply to a respondent payment of any money due the United conduct this review, we request that we who is unable to pay a civil penalty States as a result of the proceeding (i.e., receive information on or before because the respondent is a debtor in a the full outstanding balance of the civil November 25, 2013. After this date, you case under chapter 11, title 11, United penalty). must submit information directly to the States Code. A respondent who is a (c) The cessation of hazardous office listed in the FOR FURTHER debtor in a case under chapter 11, title materials operation order will be INFORMATION CONTACT section below. 11, United States Code must provide the delivered by personal service, unless Please note that we may not be able to following information to the agency such service is impossible or address or incorporate information that decision maker identified in the original impractical. If personal service is we receive after the above requested agency order or on its certificate of impossible or impractical then service date. service. may be made by certified mail or ADDRESSES: You may submit (1) The chapter of the Bankruptcy commercial express service. If a information by one of the following Code under which the bankruptcy respondent’s principal place of business is in a foreign country, it will be methods: proceeding is filed; • Electronically: Go to the Federal (2) The bankruptcy case number; delivered to the respondent’s designated eRulemaking Portal: http:// (3) The court in which the bankruptcy agent (as prepared in accordance with www.regulations.gov. In the Search proceeding was filed; and § 105.40 of this subchapter). field, enter Docket No. FWS–HQ–ES– (4) Any other information requested Issued in Washington, DC, on September by the agency to determine a debtor’s 2013–0051, which is the docket number 16, 2013, under authority delegated in 49 for this action. Then click on the Search bankruptcy status. CFR Part 106. (g) Penalties for Prohibited Hazardous button. You may submit a comment by Magdy El-Sibaie, clicking on ‘‘Comment Now!’’ If your Materials Operations. A respondent that Associate Administrator for Hazardous continues to conduct hazardous comments will fit in the provided Materials Safety, Pipeline and Hazardous comment box, please use this feature of materials operations in violation of this Materials Safety Administration. section may be subject to additional http://www.regulations.gov, as it is most [FR Doc. 2013–22952 Filed 9–23–13; 8:45 am] compatible with our comment review penalties, including criminal BILLING CODE 4910–60–P prosecution pursuant to 49 U.S.C. procedures. If you attach your § 5124. comments as a separate document, our preferred file format is Microsoft Word. § 109.103 Notice of Nonpayment of DEPARTMENT OF THE INTERIOR If you attach multiple comments (such Penalties. as form letters), our preferred format is Fish and Wildlife Service (a) If a full payment of a civil penalty, a spreadsheet in Microsoft Excel. • By Hard Copy: U.S. mail or hand- or an installment payment as part of 50 CFR Part 17 agreed upon payment plan, has not been delivery: Public Comments Processing, made within 45 days after the date [Docket No. FWS–HQ–ES–2013–0051; 450 Attn: FWS–HQ–ES–2013–0051, specified for payment by the final 003 0115] Division of Policy and Directives agency order, the agency may issue a Management; U.S. Fish and Wildlife Endangered and Threatened Wildlife cessation of hazardous materials Service; 4401 N. Fairfax Drive, MS and Plants; 90-Day Finding on a operations order to the respondent. 2042–PDM; Arlington, VA 22203. (b) The cessation of hazardous Petition To List 10 Sturgeon Species We will not accept comments by materials operations order issued under as Endangered or Threatened email or fax. We will post all comments this section shall include the following AGENCY: Fish and Wildlife Service, on http://www.regulations.gov. This information: Interior. generally means that we will post any personal information you provide us (1) A citation to the statutory ACTION: Notice of petition finding and provision or regulation the respondent initiation of status review. (see the Information Requested section, was found to have violated and to the below, for more information). terms of the order or agreement SUMMARY: We, the U.S. Fish and FOR FURTHER INFORMATION CONTACT: requiring payment; Wildlife Service (Service), announce a Janine Van Norman, Chief, Branch of (2) A statement indicating that if the 90-day finding on a petition to list 10 Foreign Species, Endangered Species respondent fails to pay the full sturgeon species as endangered or Program, U.S. Fish and Wildlife Service, outstanding balance of the civil penalty threatened under the Endangered 4401 N. Fairfax Drive, Room 420, within 90 days after the payment due Species Act of 1973, as amended (Act). Arlington, VA 22203; telephone 703– date, the respondent shall be prohibited Based on our review, we find that the 358–2171; facsimile 703–358–1735. If from conducting any activity regulated petition presents substantial scientific you use a telecommunications device under the Federal hazardous material and commercial information indicating for the deaf (TDD), call the Federal transportation law, this subchapter or that the petitioned action may be Information Relay Service (FIRS) at subchapter C of this chapter, or an warranted. Therefore, with the 800–877–8339. exemption or special permit, approval, publication of this notice, we are SUPPLEMENTARY INFORMATION: or registration issued under this initiating a review of the status of these subchapter or under subchapter C of species to determine if listing these 10 Information Requested this chapter; species is warranted. To ensure that this For the status review to be complete (3) A statement describing the status review is comprehensive, we and based on the best available respondent’s options for responding to request scientific and commercial data scientific and commercial information, VerDate Mar<15>2010 17:25 Sep 23, 2013 Jkt 229001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\24SEP1.SGM 24SEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 58508 Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Proposed Rules we request information on 10 sturgeon submission—including any personal gueldenstaedtii); ship sturgeon (A. species (see list in Table 1, below) from identifying information—will be posted nudiventris); Persian sturgeon (A. government agencies (including foreign on the Web site. If you submit a hard persicus); stellate sturgeon (A. stellatus); national and provincial governments copy that includes personal identifying Siberian sturgeon (A. baerii); Yangtze within the range of each of these information, you may request at the top sturgeon (A. dabryanus); Chinese species), the scientific community, of your document that we withhold this sturgeon (A. sinensis); Sakhalin industry, and any other interested personal identifying information from sturgeon (A. mikadoi); Amur sturgeon parties. We seek information on: public review. However, we cannot (A. schrenckii); Kaluga sturgeon (Huso (1) Each species’ biology, range, and guarantee that we will be able to do so. dauricus); Syr Darya sturgeon population trends, including: We will post all hard copy submissions (Pseudoscaphirhynchus fedtschenkoi); (a) Habitat requirements for feeding, on http://www.regulations.gov. dwarf sturgeon (P. hermanni); and Amu breeding, and sheltering; Information and supporting Darya sturgeon (P. kaufmanni). The (b) Genetics and taxonomy; documentation that we received and petition states that all 15 petitioned (c) Historical and current range, used in preparing this finding will be sturgeon species are affected by similar including distribution patterns, available to review at http:// threats, which are primarily: Both legal particularly regarding their seasonal www.regulations.gov, or you may make and illegal harvest for meat and/or roe; migrations; an appointment during normal business habitat loss and degradation including (d) Historical and current population hours at the U.S. Fish and Wildlife dams or dam construction, and water levels, and current and projected Service, Endangered Species Program, pollution. The petition is available at FOR population trends; Branch of Foreign Species (see http://www.nmfs.noaa.gov/pr/pdfs/ FURTHER INFORMATION CONTACT). (e) Potential threats to each species petitions/sturgeon15_petition2012.pdf. such as harvest or other threats not Background identified; and NMFS acknowledged receipt of this (f) Past and ongoing conservation Section 4(b)(3)(A) of the Act requires petition in a letter dated April 14, 2012, measures for each species or its habitat. that we make a finding on whether a and informed the petitioners that NMFS (2) The factors that are the basis for petition to list, delist, or reclassify a would determine, under section 4 of the making a listing determination for a species presents substantial scientific or Act, whether the petition presents species or subspecies under section 4(a) commercial information indicating that substantial scientific or commercial of the Act (16 U.S.C. 1531 et seq.), the petitioned action may be warranted.
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