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Federal Register/Vol. 77, No. 169/Thursday, August 30, 2012/Proposed Rules

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Federal Register/Vol. 77, No. 169/Thursday, August 30, 2012/Proposed Rules 52650 Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Proposed Rules Administrator that the fireworks have the certification report identifier that is (c) Hazard Communication. been classed, approved, and assigned an traceable to the specific manufacturer Following the certification of each EX number. Each application must be and firework device transported). Division 1.4G consumer firework as complete and include all relevant (4) The manufacturer’s application permitted by paragraph (a) of this background data and copies of all must be complete and include relevant section, each package containing a applicable drawings, test results, and background data, copies of all Division 1.4G consumer firework must any other pertinent information on each applicable drawings, test results, and be marked and labeled in accordance device for which approval is being any other pertinent information on each with subpart D and E of part 172. requested. The manufacturer must sign device for which certification is being * * * * * the application and certify that the requested. The manufacturer must sign Issued in Washington, DC, on August 24, device for which approval is requested the application and certify that the device for which certification is 2012, under authority delegated in 49 CFR conforms to APA Standard 87–1, that part 106. requested conforms to APA Standard the descriptions and technical Magdy El-Sibaie, information contained in the 87–1, that the descriptions and Associate Administrator for Hazardous application are complete and accurate, technical information contained in the application are complete and accurate, Materials Safety, Pipeline and Hazardous and that no duplicate application has Materials Safety Administration. and that no duplicate applications have been submitted to a DOT-approved [FR Doc. 2012–21360 Filed 8–29–12; 8:45 am] fireworks certification agency. If the been submitted to PHMSA. If the BILLING CODE 4910–60–P application is denied, the manufacturer application is denied, the DOT- will be notified in writing of the reasons approved fireworks certification agency for the denial. The Associate must notify the manufacturer in writing DEPARTMENT OF THE INTERIOR Administrator may require that the of the reasons for the denial. Following the issuance of a denial from a DOT- fireworks be examined by an agency Fish and Wildlife Service listed in § 173.56(b)(1). approved fireworks certification agency, a manufacturer may submit the denial * * * * * 50 CFR Part 17 10. Add new section § 173.65 to read and original application to PHMSA for as follows. reconsideration in accordance with [Docket No. FWS–R6–ES–2012–0040; subpart H. 4500030113] § 173.65 Exceptions for Division 1.4G (b) Recordkeeping requirements. Consumer Fireworks. Following the certification of each Endangered and Threatened Wildlife (a) Notwithstanding the requirements Division 1.4G consumer firework as and Plants; 12-Month Finding on a of paragraphs §§ 173.56(b), 173.56(f), permitted by paragraph (a) of this Petition To List the Platte River 173.56(i), and 173.64, Division 1.4G section, the manufacturer, importer, and Caddisfly as Endangered or consumer fireworks may be offered for fireworks certification agency must Threatened maintain a record or an electronic image transportation provided the following AGENCY: Fish and Wildlife Service, of the record demonstrating compliance conditions are met: Interior. (1) The fireworks are manufactured in with this section. This record must be ACTION: Notice of 12-month petition accordance with the applicable accessible at or through its principal finding. requirements in APA Standard 87–1 place of business and be made available, (IBR, see § 171.7 of this subchapter); upon request, to an authorized official SUMMARY: We, the U.S. Fish and (2) The device must pass a thermal of a Federal, State, or local government Wildlife Service (Service), announce a stability test. The test must be agency at a reasonable time and 12-month finding on a petition to list performed by maintaining the device, or location. A copy of this record must be the Platte River caddisfly (Ironoquia a representative prototype of the device retained for five years after the material plattensis) as an endangered or ° ° at a temperature of 75 C (167 F) for 48 is imported. Records complying with threatened species and to designate consecutive hours. When a device firework requirements of other Federal critical habitat under the Endangered contains more than one component, or international agencies may be used to Species Act of 1973, as amended. After those components that could be in satisfy the recordkeeping requirements review of all available scientific and physical contact with each other in the of this paragraph to the extent that such commercial information, we find that finished device must be placed in records address the recordkeeping listing the Platte River caddisfly as an contact with each other during the components specified in this section. endangered or threatened species is not thermal stability test; For Division 1.4G consumer fireworks warranted at this time. However, we ask (3) The manufacturer of the Division certified by a DOT-approved fireworks the public to submit to us any new 1.4G consumer firework applies in certification agency, the record must information that becomes available writing to a DOT-approved fireworks include: concerning the threats to the Platte certification agency, and is notified in (1) The FX number of the entity that River caddisfly or its habitat at any time. writing by the fireworks certification certified that the firework device DATES: The finding announced in this complies with APA Standard 87–1, agency that the firework has been: document was made on August 30, (i) Evaluated, and examined, as including a certification report identifier 2012. required, for a Division 1.4G consumer that is traceable to the manufacturer and firework; specific firework device transported; ADDRESSES: This finding is available on (ii) Certified that it complies with (2) A copy of the approval application the Internet at http:// APA Standard 87–1, and meets the submitted to the DOT-approved www.regulations.gov at Docket Number requirements of this section; and fireworks certification agency; and FWS–R6–ES–2012–0040. Supporting (iii) Assigned an FX number followed (3) A copy of any certification documentation we used in preparing by a corresponding certification report documentation completed by the this finding is available for public identifier (e.g., FX–XXX–YYY, where fireworks certification agency in inspection, by appointment, during XXX represents the firework accordance with the DOT-approved normal business hours at the U.S. Fish certification agency and YYY represents procedures. and Wildlife Service, Nebraska Field VerDate Mar<15>2010 16:42 Aug 29, 2012 Jkt 226001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\30AUP1.SGM 30AUP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Proposed Rules 52651 Office, Federal Building, 2nd Floor, 203 compelling evidence to support an larvae use this silk to fuse together West 2nd Street, Grand Island, NE emergency listing for any of the species organic or mineral material from the 68801. Please submit any new covered by the petition. In that letter we surrounding environment (Mackay and information, materials, comments, or also stated that we would begin to Wiggins 1979, pp. 185–186; Holzenthal questions concerning this finding to the assess the information provided in the et al. 2007, p. 644). Cases are generally above street address. petition in October 2007. thought to protect larvae by providing FOR FURTHER INFORMATION CONTACT: We published a partial 90-day finding camouflage against predation or Michael D. George, Field Supervisor, for 38 of the petition’s 206 species in the resistance to crushing (Mackay and Nebraska Field Office (see ADDRESSES); Federal Register (74 FR 41649) on Wiggins 1979, p. 200; Otto and by telephone (308–382–6468, extension August 18, 2009; the Platte River Svensson 1980, p. 855). The Platte River 12); or by facsimile (308–384–8835). caddisfly was one of 29 species for caddisfly case is composed of sand mail to: Persons who use a which we found there was substantial grains and can be up to 16.0 mm (0.63 telecommunications device for the deaf information indicating that listing may in) long, while larvae can attain sizes up (TDD) may call the Federal Information be warranted under the Act. In that to 14.0 mm (0.55 in) in length (Vivian Relay Service (FIRS) at 800–877–8339. document, we announced that we were 2010, pers. obs.). initiating a status review. On January Platte River caddisfly larvae have a SUPPLEMENTARY INFORMATION: 12, 2010, WildEarth Guardians filed a light brown head and thorax and a Background complaint indicating that the Service yellowish to whitish abdomen (Vivian failed to comply with the statutory 2010, pers. obs.), much like the larvae Section 4(b)(3)(B) of the Endangered of Ironoquia parvula (no common name) Species Act of 1973, as amended (Act) deadline to complete a 12-month finding for the Platte River caddisfly. (Flint 1958, p. 59). Larvae in the (16 U.S.C. 1531 et seq.), requires that, Ironoquia genus can be distinguished for any petition to revise the Federal This complaint was consolidated with several others, and a multi-district from larvae in other caddisfly genera by Lists of Endangered and Threatened four morphological characteristics that Wildlife and Plants that contains settlement agreement with WildEarth Guardians was approved on September are distinguishable under a microscope substantial scientific or commercial (Flint 1958, p. 59; Wiggins 1977, p. 248). information that listing a species may be 9, 2011, which included an agreement that the Service would complete the 12- Differences in larval size (Alexander warranted, we make a finding within 12 and Whiles 2000, p. 1) and case material months of the date of receipt of the month finding for the Platte River caddisfly by the end of Fiscal Year 2012.
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