Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules 42631 include the information specified in agreement or amendment for which a authority pursuant to § 0.261 of this § 64.1001(c) of this chapter. Such filings modification request is required to be chapter. Interested parties will have 10 shall be made with the Commission, filed cannot become effective until the days from the date of issuance of a with a copy to the Chief, International modification request has been granted public notice of the petition to file Bureau. The transmittal letter under paragraph (e) of this section. comments or oppositions to such accompanying the confidential filing * * * * * petitions and subsequently 7 days for shall clearly identify the filing as 9. Section 64.1002 is amended by replies. In the event significant, responsive to § 43.51(f). revising the introductory text of immediate harm to the public interest is * * * * * paragraph (a), removing and reserving likely to occur that cannot be addressed through post facto remedies, the Note 3 to § 43.51: Carriers shall rely on the paragraph (b) and revising paragraphs Commission’s list of foreign carriers that do (c) and (d) to read as follows: International Bureau may impose not qualify for the presumption that they lack temporary requirements on carriers § 64.1002 International settlements policy. market power in particular foreign points for authorized pursuant to § 63.18 of this purposes of determining which of their (a) A common carrier that is chapter without prejudice to its findings foreign carrier contracts are subject to the authorized pursuant to part 63 of this on such petitions. contract filing requirements set forth in chapter to provide facilities-based * * * * * paragraphs (a) and (b)(3) of this section. The switched voice service on a U.S. [FR Doc. 2011–17368 Filed 7–18–11; 8:45 am] Commission’s list of foreign carriers that do international route that is listed on the BILLING CODE 6712–01–P not qualify for the presumption that they lack Commission’s ‘‘Exclusion List’’ (http:// market power in particular foreign points is _ available from the International Bureau’s www.fcc.gov/ib/pd/exclusion list.pdf), World Wide Web site at http://www.fcc.gov/ and that enters into an operating or DEPARTMENT OF THE INTERIOR ib. The Commission will include on the list other agreement to provide any such of foreign carriers that do not qualify for the service in correspondence with a foreign Fish and Wildlife Service presumption that they lack market power in carrier that does not qualify for the particular foreign points any foreign carrier presumption that it lacks market power 50 CFR Part 17 that has 50 percent or more market share in on the foreign end of the route, must the international transport or local access comply with the following [Docket No. FWS–R6–ES–2010–0047; MO markets of a foreign point. A party that seeks requirements: 92210–0–0008] to remove such a carrier from the Commission’s list bears the burden of * * * * * Endangered and Threatened Wildlife submitting information to the Commission (b) [Reserved]. and Plants; 12-Month Finding on a sufficient to demonstrate that the foreign (c) A carrier that seeks to exempt from Petition To List Pinus albicaulis as carrier lacks 50 percent market share in the the international settlements policy an Endangered or Threatened With international transport and local access international route on the ‘‘Exclusion Critical Habitat markets on the foreign end of the route or List’’ must make its request to the that it nevertheless lacks sufficient market International Bureau, accompanied by a AGENCY: Fish and Wildlife Service, power on the foreign end of the route to Interior. affect competition adversely in the U.S. showing that a U.S. carrier has entered market. A party that seeks to add a carrier to into a benchmark-compliant settlement ACTION: Notice of 12-month petition the Commission’s list bears the burden of rate agreement with a foreign carrier finding. submitting information to the Commission that possesses market power in the sufficient to demonstrate that the foreign country at the foreign end of the U.S. SUMMARY: We, the U.S. Fish and carrier has 50 percent or more market share international route that is the subject of Wildlife Service (Service), announce a in the international transport or local access the request. The required showing shall 12-month finding on a petition to list markets on the foreign end of the route or consist of an effective accounting rate Pinus albicaulis (whitebark pine) as that it nevertheless has sufficient market modification, filed pursuant to threatened or endangered and to power to affect competition adversely in the designate critical habitat under the U.S. market. § 64.1001, that includes a settlement rate that is at or below the Commission’s Endangered Species Act of 1973, as benchmark settlement rate adopted for amended (Act). After review of all PART 64—MISCELLANEOUS RULES that country in IB Docket No. 96–261, available scientific and commercial RELATING TO COMMON CARRIERS Report and Order, 12 FCC Rcd 19,806, information, we find that listing P. 7. The authority citation for part 64 62 FR 45758, Aug. 29, 1997, available albicaulis as threatened or endangered continues to read as follows: on the International Bureau’s World is warranted. However, currently listing Wide Web site at http://www.fcc.gov/ib. P. albicaulis is precluded by higher Authority: 47 U.S.C. 154, 254(k); secs. (d) A carrier or other party may priority actions to amend the Lists of 403(b)(2)(B), (c), Public Law 104–104, 110 Endangered and Threatened Wildlife Stat. 56. Interpret or apply 47 U.S.C. 201, request Commission intervention on any 218, 225, 226, 228, and 254(k) unless U.S. international route for which and Plants. Upon publication of this 12- otherwise noted. competitive problems are alleged by month petition finding, we will add P. filing with the International Bureau a albicaulis to our candidate species list. 8. Section 64.1001 is amended by We will develop a proposed rule to list revising paragraph (a) to read as follows: petition, pursuant to this section, demonstrating anticompetitive behavior P. albicaulis as our priorities and § 64.1001 Requests to modify international that is harmful to U.S. customers. The funding will allow. We will make any settlements arrangements. Commission may also act on its own determination on critical habitat during (a) The procedures set forth in this motion. Carriers and other parties filing development of the proposed listing rule apply to carrier requests to modify complaints must support their petitions rule. In any interim period, we will international settlement arrangements with evidence, including an affidavit address the status of the candidate taxon on any U.S. international route listed on and relevant commercial agreements. through our annual Candidate Notice of the Commission’s ‘‘Exclusion List.’’ See The International Bureau will review Review. http://www.fcc.gov/ib/pd/ complaints on a case-by-case basis and DATES: The finding announced in this exclusion_list.pdf. Any operating take appropriate action on delegated document was made on July 19, 2011. VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS 42632 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules ADDRESSES: This finding is available on had not presented substantial This 12-month finding is based on our the Internet at http://www.regulations. information indicating that listing P. consideration and evaluation of the best gov at Docket Number FWS–R6–ES– albicaulis may be warranted. We scientific and commercial information 2010–0047. Supporting documentation published this finding in the Federal available. We reviewed the information we used in preparing this finding is Register on January 27, 1994 (59 FR provided in NRDC’s petition, available for public inspection, by 3824). information available in our files, other appointment, during normal business On December 9, 2008, we received a available published and unpublished hours at the U.S. Fish and Wildlife petition dated December 8, 2008, from information, and information received Service, Wyoming Ecological Services the Natural Resources Defense Council from the public. Additionally, we Field Office, 5353 Yellowstone Road, (NRDC) requesting that we list Pinus consulted with recognized Federal and Suite 308A, Cheyenne, WY 82009. albicaulis as endangered throughout its non-Federal Pinus albicaulis experts, Please submit any new information, range and designate critical habitat plant pathologists, and plant geneticists. materials, comments, or questions under the Act. The petition clearly All information received has been concerning this finding to the above identified itself as such and included carefully considered in this finding. address. the requisite identification information Funding was made available during for the petitioner, as required by 50 CFR the 2010 and 2011 Fiscal Years for work FOR FURTHER INFORMATION CONTACT: R. 424.14(a). Included in this petition was on the status review. This notice Mark Sattelberg, Field Supervisor, supporting information regarding the Wyoming Ecological Services Field constitutes our 12-month finding on the species’ natural history, biology, December 9, 2008, petition to list Pinus Office (see ADDRESSES); by telephone at taxonomy, lifecycle, distribution, and albicaulis as endangered throughout its 307–772–2374; or by facsimile at 307– reasons for decline. The NRDC 772–2358. If you use a range and designate critical habitat reiterated the threats from the 1991 under the Act. telecommunications device for the deaf petition, and included climate change (TDD), please call the Federal and successional replacement as Species Information Information Relay Service (FIRS) at additional threats to P.