Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Proposed Rules 20547

• Federal eRulemaking Portal: http:// period be extended for up to one DATES: To allow us adequate time to www.regulations.gov. Follow the additional year because they are conduct this review, we request that we instructions for submitting comments. conducting independent research into receive information on or before May • E-mail: [email protected]. scientific requirements of the proposed 20, 2010. After this date, you must Include ‘‘RIN: 0920–AA33’’ and ‘‘42 CFR rule and/or its economic impact. The submit information directly to the Field Part 84’’ in the subject line of the commenters stated that they needed this Office (see FOR FURTHER INFORMATION message. amount of time to complete this CONTACT section below). Please note that • Mail: NIOSH Docket Office, Robert research before they can fully comment. we may not be able to address or A. Taft Laboratories, MS–C34, 4676 Due to the fact that the proposed rule incorporate information that we receive Columbia Parkway, Cincinnati, OH contains only one new performance after the above requested date. 45226. requirement that the commenters need ADDRESSES: You may submit comments Instructions: All submissions received to analyze and that the comment period by one of the following methods: must include the agency name and has already been extended once, the • Federal eRulemaking Portal: http:// docket number or Regulatory Centers for Disease Control and www.regulations.gov. Search for Docket Information Number (RIN) for this Prevention (CDC) has determined that No. FWS–R8–ES–2010–0013 and then rulemaking, RIN: 0920–AA33. All an additional reopening of the comment follow the instructions for submitting comments received will be posted period to September 30, 2010 provides comments. without change to http://www.cdc.gov/ sufficient time to allow for public • U.S. mail or hand-delivery: Public niosh/docket, including any personal comment. Comments Processing, Attn: FWS–R8– information provided. III. Public Meeting ES–2010–0013; Division of Policy and Docket: For access to the docket to Directives Management; U.S. and read background documents or NIOSH will conduct a public meeting Wildlife Service; 4401 N. Fairfax Drive, comments received, go to http:// in June or July 2010 to hear from Suite 222; Arlington, VA 22203. www.cdc.gov/niosh/docket. stakeholders on the preliminary results We will post all information received FOR FURTHER INFORMATION CONTACT: of their independent research. A formal on http://www.regulations.gov. This Jonathan V. Szalajda, NIOSH, National notice will be published in the Federal generally means that we will post any Personal Protective Technology Register announcing the date and personal information you provide us Laboratory (NPPTL), Post Office Box location of that meeting. (see the Information Solicited section 18070, 626 Cochrans Mill Road, Kathleen Sebelius, below for more details). Pittsburgh, Pennsylvania 15236, Secretary, Department of Health and Human FOR FURTHER INFORMATION CONTACT: Dan telephone (412) 386–5200, facsimile Services. Castleberry, Field Supervisor, San (412) 386–4089, e-mail [email protected]. [FR Doc. 2010–9085 Filed 4–19–10; 8:45 am] Francisco Bay-Delta Fish and Wildlife SUPPLEMENTARY INFORMATION: BILLING CODE P Office, 650 Capitol Mall, fifth Floor, Sacramento, CA 95814; by telephone at I. Background 916-930-5632; or by facsimile at 916- On October 30, 2009, the Department DEPARTMENT OF THE INTERIOR 930-5654. Persons who use a of Health and Human Services proposed telecommunications device for the deaf a rule to establish total inward leakage Fish and Wildlife Service (TDD), call the Federal Information (TIL) requirements for half-mask air- Relay Service (FIRS) at 800-877-8339 purifying particulate respirators 50 CFR Part 17 SUPPLEMENTARY INFORMATION: approved by NIOSH. The proposed new requirements specify TIL minimum [Docket No. FWS-R8-ES-2010-0013] Information Solicited: [MO 92210-0-0008-B2] performance requirements and testing to To ensure the status review is be conducted by NIOSH and respirator Endangered and Threatened Wildlife complete and based on the best manufacturers to demonstrate that these and Plants; Initiation of Status Review available scientific and commercial respirators, when selected and used for Sacramento splittail ( information, we request information on correctly, provide effective respiratory macrolepidotus) the Sacramento splittail. We request any protection to intended users against additional information from toxic dusts, mists, fumes, fibers, and AGENCY: Fish and Wildlife Service, governmental agencies, Native biological and infectious aerosols (e.g., Interior. American Tribes, the scientific influenza A (H5N1), Bacillus anthracis, ACTION: Initiation of status review and community, industry, and any other severe acute respiratory syndrome solicitation of new information. interested parties. We seek information (SARS) coronavirus, and on: Mycobacterium tuberculosis). The SUMMARY: We, the U.S. Fish and (1)The species’ biology, range, and agency held a public meeting on Wildlife Service (Service), under the population trends, including: December 3, 2009 to take comments on authority of the Endangered Species Act (a) Habitat requirements for feeding, the proposed regulation (74 FR 59501). of 1973, as amended (Act), announce breeding, and sheltering; Based on requests to extend the the initiation of a status review for the (b) Genetics and ; comment period submitted in writing Sacramento splittail (Pogonichthy (c) Historical and current range and made orally at the public meeting, macrolepidotus). To ensure that the including distribution patterns; the agency extended the comment status review is comprehensive, we are (d) Historical and current population period until March 29, 2010 (74 FR soliciting scientific and commercial data levels, and current and projected 66935). and other information regarding this trends; and species. Based on the status review, we (e) Past and ongoing conservation II. Reopening of Comment Period will issue a 12–month finding, which measures for the species and/or its Prior to the close of the comment will address whether the listing may be habitat. period on March 29, 2010, two warranted, as provided in section (2) The factors that are the basis for commenters requested the comment 4(b)(3)(B) of the Act. making a listing determination for a

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species under section 4(a) of the In addition, we request data and information by the public. The Service Endangered Species Act of 1973, as information on ‘‘specific areas outside also agreed to submit to the Federal amended (Act; 16 U.S.C. 1531 et seq.), the geographical area occupied by the Register a new status review and 12– which are: species.’’ month finding as to whether listing the (a) The present or threatened Submissions merely stating support Sacramento splittail is warranted or not destruction, modification, or for or opposition to the action under warranted. If warranted, the Service curtailment of its habitat or range; consideration without providing further agreed to publish, concurrently (b) Overutilization for commercial, supporting information, although noted, with the 12–month finding, a proposed recreational, scientific, or will not be considered in making a rule to list the Sacramento splittail and educational purposes; determination. Section 4(b)(1)(A) of the a final determination on or before (c) Disease or predation; Act directs that determinations as to September 29, 2011. This notice (d) The inadequacy of existing whether any species is an endangered or constitutes notification of the opening of regulatory mechanisms; or threatened species must be made ‘‘solely the 30–day public comment period. (e) Other natural or manmade factors on the basis of the best scientific and You may obtain copies of the 2003 affecting its continued existence. commercial data available.’’ remanded determination, and other (3) The potential effects global climate You may submit your information previous Federal actions relating to the change may have on the Sacramento concerning this status review by one of Sacramento splittail by mail from the splittail or its habitat. the methods listed in the ADDRESSES -Delta Fish and Please include sufficient information section. If you submit information via Wildlife Office (see FOR FURTHER with your submission (such as full http://www.regulations.gov, your entire INFORMATION CONTACT section), or on the references) to allow us to verify any submission—including any personal Internet at http://www.fws.gov/ scientific or commercial information identifying information—will be posted sfbaydelta/, or by visiting the Federal you include. on the website. If you submit a eRulemaking Portal at http:// If, after the status review, we hardcopy that includes personal www.regulations.gov. determine that listing the Sacramento identifying information, you may splittail is warranted, we will propose request at the top of your document that Author critical habitat (see definition in section we withhold this personal identifying The primary authors of this notice are 3(5)(A) of the Act), as per section 4 of information from public review. the staff members of the Bay-Delta Fish the Act, to the maximum extent prudent However, we cannot guarantee that we and Wildlife Office (see FOR FURTHER and determinable at the time we will be able to do so. We will post all INFORMATION CONTACT). propose to list the species. Therefore, hardcopy submissions on http:// we also request specific comments and www.regulations.gov. Authority information as to what, if any, critical Information and supporting The authority for this action is the habitat you think should be proposed documentation that we received and Endangered Species Act of 1973, as for designation if the species is used in preparing this finding, will be amended (16 U.S.C. 1531 et seq.). available for public inspection on http:// proposed for listing, and why such Dated: April 8, 2010. habitat meets the requirements of the www.regulations.gov, or by Rowan Gould, Act. Specifically, for areas within the appointment, during normal business geographical range currently occupied hours, at the U.S. Fish and Wildlife Acting Director, U.S. Fish and Wildlife Service. by the species, we request data on: Service, Bay Delta Fish and Wildlife (1) The amount and distribution of Office (see FOR FURTHER INFORMATION [FR Doc. 2010–8962 Filed 4–19–10; 8:45 am] Sacramento splittail habitat; CONTACT). BILLING CODE 4310–55–S (2) The physical and biological features Previous Federal Actions of Sacramento splittail habitat that are essential to the conservation of the On September 22, 2003, the Service DEPARTMENT OF COMMERCE species; published a Notice of Remanded (3) Special management considerations Determination of Status for the National Oceanic and Atmospheric or protections that the features Sacramento splittail in the Federal Administration essential to the conservation of Register (68 FR 55140) that removed the Sacramento splittail my require, Sacramento splittail from the 50 CFR Part 622 including managing for the potential endangered species list. Please refer to [Docket No. 100121040–0178–01] effects of climate change; the September 22, 2003 Federal Register (4) Any areas that are essential to the notice (68 FR 55140) for previous RIN 0648–AY58 Federal actions taken on Sacramento conservation of Sacramento splittail Fisheries of the Caribbean, Gulf of splittail prior to September 22, 2003. and why; Mexico, and South Atlantic; Shrimp (5) Land use designations and current or On August 13, 2009 the Center for Fishery of the Gulf of Mexico and planned activities in Sacramento Biological Diversity (CBD) filed a South Atlantic; Revisions to Allowable splittail habitats and their possible complaint in U.S. District Court for the Bycatch Reduction Devices impacts on proposed critical habitat; Northern District of , (6) Conservation programs and plans challenging the Service on the merits of AGENCY: National Marine Fisheries that protect Sacramento splittail and the 2003 determination and alleging Service (NMFS), National Oceanic and its habitat; and, improper political influence of the Atmospheric Administration (NOAA), (7) Whether we could improve or former Department of Interior, Deputy Commerce. modify our approach to designating Assistant Secretary for Fish Wildlife and ACTION: Proposed rule; request for critical habitat in any way to provide Parks, Julie MacDonald. In a settlement comments. for greater public participation and dated February 1, 2010 (Case4:09-cv- understanding, or to better 03711-PJH), the Service agreed to open SUMMARY: In accordance with the accommodate public concerns and a 30–day public comment period to framework procedures for adjusting comments. allow for the submission of additional management measures of the Fishery

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