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Batrachoseps Stebbinsi) Test Methods, Sampling Procedures, As Threatened Or Endangered Business Practices) That Are Developed Or 2 18336 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Proposed Rules voluntary consensus standards pursuant Dated: April 15, 2009. DEPARTMENT OF THE INTERIOR to section 12(d) of the National Lisa P. Jackson, Technology Transfer and Advancement Administrator. Fish and Wildlife Service Act of 1995 (NTTAA), Public Law 104– Therefore, it is proposed that 40 CFR 50 CFR Part 17 113, 12(d) (15 U.S.C. 272 note). Section chapter I be amended as follows: 12(d) of NTTAA directs EPA to use [FWS–R8–ES–2008–0087; MO 92210 50083– voluntary consensus standards in its PART 745—[AMENDED] B2] regulatory activities unless to do so would be inconsistent with applicable 1. The authority citation for part 745 Endangered and Threatened Wildlife law or otherwise impractical. Voluntary continues to read as follows: and Plants; 90-Day Finding on a consensus standards are technical Authority: 15 U.S.C. 2605, 2607, 2681– Petition To List the Tehachapi Slender standards (e.g., materials specifications, 2692 and 42 U.S.C. 4852d. Salamander (Batrachoseps stebbinsi) test methods, sampling procedures, as Threatened or Endangered business practices) that are developed or 2. Section 745.225 is amended by adopted by voluntary consensus revising paragraphs (c)(14) introductory AGENCY: Fish and Wildlife Service, standards bodies. NTTAA requires EPA text, (c)(14)(i), (c)(14)(ii)(D)(6), and Interior. to provide Congress, through OMB, (c)(14)(iii) to read as follows: ACTION: Notice of 90-day petition explanations when the Agency decides § 745.225 Accreditation of training finding and initiation of status review. not to use available and applicable programs: target housing and child- SUMMARY: voluntary consensus standards. occupied facilities. We, the U.S. Fish and Wildlife Service (Service), announce a J. Executive Order 12898 * * * * * 90-day finding on a petition to list the (c) * * * Tehachapi slender salamander Executive Order 12898, entitled (14) The training manager must (Batrachoseps stebbinsi) as a threatened Federal Actions to Address provide notification following or endangered species under the Environmental Justice in Minority completion of renovator, dust sampling Endangered Species Act of 1973, as Populations and Low-Income technician, or lead-based paint activities amended (Act). We find that the petition Populations (59 FR 7629, February 16, courses. presents substantial scientific or 1994) establishes Federal executive (i) The training manager must provide commercial information indicating that policy on environmental justice. Its EPA notification after the completion of listing the Tehachapi slender main provision directs Federal agencies, any renovator, dust sampling salamander may be warranted. to the greatest extent practicable and technician, or lead-based paint activities Therefore, with the publication of this permitted by law, to make course. This notice must be received by notice, we are initiating a status review environmental justice part of their EPA no later than 10 business days to determine if listing this species is mission by identifying and addressing, following course completion. warranted. To ensure that the status as appropriate, disproportionately high review is comprehensive, we are and adverse human health or (ii) * * * (D) * * * soliciting information and data environmental effects of their programs, regarding this species. We will initiate policies, and activities on minority (6) For renovator or dust sampling a determination on critical habitat for populations and low-income technician courses only, a digital this species, if and when we initiate a populations in the United States. photograph of the student. listing action. * * * * * While EPA has not assessed the DATES: To allow us adequate time to potential impact of this proposed rule (iii) Notification must be conduct this review, we request that on minority and low-income accomplished using any of the following information be received on or before populations, EPA did assess the methods: Written notification, or June 22, 2009. potential impact of the final RRP rule as electronically using the Agency’s ADDRESSES: You may submit Central Data Exchange (CDX). Written a whole. As a result of the final RRP rule information by one of the following notification following training courses assessment, contained in the economic methods: can be accomplished by using either the analysis for the final RRP rule, EPA has • Federal eRulemaking Portal: http:// sample form, entitled Training Course determined that the final RRP rule will www.regulations.gov. Follow the Follow-up or a similar form containing not have disproportionately high and instructions for submitting comments. the information required in paragraph adverse human health or environmental • U.S. mail or hand-delivery: Public (c)(14)(ii) of this section. All written effects on minority or low-income Comments Processing, Attn: FWS–R8– notifications must be delivered by U.S. populations because it increases the ES–2008–0087; Division of Policy and Postal Service, fax, commercial delivery level of environmental protection for all Directives Management; U.S. Fish and service, or hand delivery (persons affected populations without having any Wildlife Service; 4401 N. Fairfax Drive, submitting notification by U.S. Postal disproportionately high and adverse Suite 222, Arlington, VA 22203. Service are reminded that they should human health or environmental effects We will not accept e-mail or faxes. We allow 3 additional business days for on any population, including any will post all information received at delivery in order to ensure that EPA minority or low-income population (Ref. http://www.regulations.gov. This receives the notification by the required 9). generally means that we will post any date). Instructions and sample forms can personal information you provide us List of Subjects in 40 CFR Part 745 be obtained from the NLIC at 1–800– (see the Information Solicited section 424–LEAD (5323), or on the Internet at below for more information). Environmental protection, Child- http://www.epa.gov/lead. occupied facility, Housing renovation, FOR FURTHER INFORMATION CONTACT: * * * * * Lead, Lead-based paint, Renovation, Michael McCrary, Listing and Recovery Reporting and recordkeeping [FR Doc. E9–9227 Filed 4–21–09; 8:45 am] Coordinator, Ventura Fish and Wildlife requirements. BILLING CODE 6560–50–S Office, 2943 Portola Road, Suite B, VerDate Nov<24>2008 13:55 Apr 21, 2009 Jkt 217001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\22APP1.SGM 22APP1 dwashington3 on PROD1PC60 with PROPOSALS Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Proposed Rules 18337 Ventura, CA 93003; telephone 805–644– we also request data and information on Background 1766 extension 372; facsimile 805–644– what may constitute physical or Section 4(b)(3)(A) of the Act requires 3958. If you use a telecommunications biological features essential to the that we make a finding on whether a device for the deaf (TDD), call the conservation of the species, where these petition to list, delist, or reclassify a Federal Information Relay Service features are currently found, and species presents substantial scientific or (FIRS) at 800–877–8339. whether any of these features may commercial information to indicate that SUPPLEMENTARY INFORMATION: require special management the petitioned action may be warranted. considerations or protection. In Information Solicited We are to base this finding on addition, we request data and information provided in the petition, When we make a finding that a information regarding whether there are supporting information submitted with petition presents substantial specific areas outside the geographical the petition, and information otherwise information indicating that listing a area occupied by the species that are available in our files at the time we species may be warranted, we are essential to the conservation of the make the determination. To the required to promptly commence a species. Please provide specific maximum extent practicable, we are to review of the status of the species. To comments and information as to what, make this finding within 90 days of our ensure that the status review is if any, critical habitat you think we receipt of the petition and publish our complete and based on the best should propose for designation if the notice of the finding promptly in the available scientific and commercial species is proposed for listing, and why Federal Register. information, we are soliciting such habitat meets the requirements of Our standard for substantial scientific information concerning the status of the the Act. or commercial information within the Tehachapi slender salamander Code of Federal Regulations (CFR) with (Batrachoseps stebbinsi). We request Please note that submissions merely regard to a 90-day petition finding is information from the public, other stating support for or opposition to the ‘‘that amount of information that would concerned governmental agencies, action under consideration without lead a reasonable person to believe that Native American Tribes, the scientific providing supporting information, the measure proposed in the petition community, industry, or any other although noted, will not be considered may be warranted’’ (50 CFR 424.14(b)). interested parties concerning the status in making a determination, as section If we find that substantial scientific or of the Tehachapi slender salamander. 4(b)(1)(A) of the Act directs that commercial information
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