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90-Day Finding on a Petition to Revise Critical Habitat for Eriogonum Pelinophilum

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90-Day Finding on a Petition to Revise Critical Habitat for Eriogonum Pelinophilum 29456 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Proposed Rules Dated: May 29, 2009. 11001 et seq. The grants are used to (IAFC), National Association of SARA Charlene Frizzera, develop, improve, and implement Title III Program Officials (NASTTPO), Acting Administrator, Centers for Medicare emergency plans; to train public sector and Vessel Operators Hazardous & Medicaid Services. hazardous materials emergency Materials Association, Inc. (VOHMA). Approved: June 16, 2009. response employees to respond to We have recently re-examined our Kathleen Sebelius, accidents and incidents involving estimates for funding the HMEP grants Secretary. hazardous materials; to determine flow program based on updated information patterns of hazardous materials within a [FR Doc. E9–14559 Filed 6–19–09; 8:45 am] from the Department of Treasury on the State and between States; and to HMEP account carry-over balance, de- BILLING CODE 4120–01–P determine the need within a State for obligations of unused grant and regional hazardous materials emergency administrative funds, increased response teams. The HMEP grants enforcement of the registration DEPARTMENT OF TRANSPORTATION program is funded by registration fees requirements, and current registrant collected from persons who offer for data, and we have further refined our Pipeline and Hazardous Materials transportation or transport certain Safety Administration estimates of revenues we anticipate hazardous materials in intrastate, collecting for registration years 2008– interstate, or foreign commerce. 49 CFR Part 107 2009 (covering July 1, 2008 to June 30, Congress reauthorized the Federal 2009) and 2009–2010 (covering July 1, [Docket No. PHMSA–2008–0010 (HM–208G)] hazardous materials transportation law 2009 to June 30, 2010) at current (Federal hazmat law; 49 U.S.C. 5101 et registration fee levels. Based on this RIN 2137–AE35 seq.) in 2005. The Hazardous Materials analysis, we have concluded that we Transportation Safety and Security will be able to fund the HMEP grants Hazardous Materials Transportation; Reauthorization Act of 2005 (Title VII of Miscellaneous Revisions to program at the $28.3 million level in the Safe, Accountable, Flexible, Fiscal Year 2009 without an increase in Registration and Fee Assessment Efficient Transportation Equity Act—A Program registration fees. Accordingly, PHMSA Legacy for Users, Pub. L. 109–59, 119 is withdrawing the May 5, 2008, NPRM AGENCY: Pipeline and Hazardous Stat. 1144, Aug. 10, 2005) authorizes and terminating this rulemaking Materials Safety Administration $28.3 million per year for the HMEP proceeding. Depending on appropriated (PHMSA), DOT. grants program and lowered the and available funding for Fiscal Year maximum registration fee from $5,000 ACTION: Withdrawal of notice of 2010, we may initiate a future to $3,000. The Consolidated proposed rulemaking. rulemaking to adjust registration fees for Appropriations Act of 2008 (Pub. L. future registration years. SUMMARY: 110–161, 121 Stat. 2404, Dec. 26, 2007) The Pipeline and Hazardous Issued in Washington, DC, on June 9, 2009 Materials Safety Administration set an obligation limitation of $28,318,000 for expenses from the under authority delegated in 49 CFR part (PHMSA) is withdrawing the notice of 106. proposed rulemaking published under HMEP fund, and the Administration’s Fiscal Year 2009 budget requests Theodore L. Willke, this docket on May 5, 2008 (73 FR Associate Administrator for Hazardous 24519). Our revised estimates of $28,300,000 in support of HMEP activity. Materials Safety. unexpended balances from previous [FR Doc. E9–14569 Filed 6–19–09; 8:45 am] years and revenues expected to be II. Current Rulemaking BILLING CODE 4910–60–P generated at current registration fee To ensure full funding of the HMEP levels indicate that an increase in grants program for FY 2009, PHMSA registration fees is not necessary to fund proposed an increase in registration fees DEPARTMENT OF THE INTERIOR the national Hazardous Materials to fund the program at the $28.3 million Emergency Preparedness (HMEP) grants level (73 FR 24519, May 5, 2008). For Fish and Wildlife Service program at its authorized level of those registrants not qualifying as a $28,318,000 for Fiscal Year 2009. small business or not-for-profit 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: organization, we proposed to increase Deborah Boothe, Office of Hazardous the registration fee from $975 (plus a [FWS–R6–ES–2009–0037; 92210–1117– Materials Standards, (202) 366–8553, or $25 administrative fee) to $2,475 (plus 0000–B4] David Donaldson, Office of Hazardous a $25 administrative fee) for registration Endangered and Threatened Wildlife Materials Planning and Analysis, (202) year 2009–2010 and following years. As and Plants; 90-Day Finding on a 366–4484, Pipeline and Hazardous explained in the NPRM, an existing Petition To Revise Critical Habitat for Materials Safety Administration, U.S. surplus enabled us to delay an increase Eriogonum pelinophilum (Clay-Loving Department of Transportation. in registration fees, but we concluded Wild Buckwheat) SUPPLEMENTARY INFORMATION: that we would not be able to fund the HMEP grants program at the $28.3 AGENCY: Fish and Wildlife Service, I. Background million level in Fiscal Year 2009 Interior. The Hazardous Materials Emergency without an increase. ACTION: Notice of 90-day petition Preparedness (HMEP) grants program, as We received 13 written comments in finding and initiation of critical habitat mandated by 49 U.S.C. 5116, provides response to the NPRM from shippers review. Federal financial and technical and carriers and from the emergency assistance to States and Indian tribes to response community, including the SUMMARY: We, the U.S. Fish and ‘‘develop, improve, and carry out American Trucking Association (ATA), Wildlife Service (USFWS), announce a emergency plans’’ within the National Council on the Safe Transportation of 90–day finding on a petition to revise Response System and the Emergency Hazardous Articles (COSTHA), Institute critical habitat for Eriogonum Planning and Community Right-To- of Makers of Explosives (IME), pelinophilum (clay-loving wild Know Act of 1986 (Title III), 42 U.S.C. International Association of Fire Chiefs buckwheat) under the Endangered VerDate Nov<24>2008 16:17 Jun 19, 2009 Jkt 217001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Proposed Rules 29457 Species Act (Act) of 1973, as amended. from the public, other concerned Background Following a review of the petition, we governmental agencies, Native Section 4(b)(3)(D) of the Act of 1973, find that the petition presents American Tribes, the scientific as amended (16 U.S.C. 1531 et seq.), substantial scientific or commercial community, industry, agriculture, or requires that we make a finding on information indicating that revision of any other interested parties concerning whether a petition to revise critical the critical habitat for E. pelinophilum the status of critical habitat for E. habitat for a species presents substantial may be warranted. Therefore, with the pelinophilum. We are seeking scientific or commercial information publication of this notice, we are information regarding: indicating that the petitioned action initiating a review of the critical habitat (1) The historical and current status may be warranted. We are to base this for the species, and will subsequently and distribution of E. pelinophilum, its finding on information provided in the issue a 12-month finding to determine if biology and ecology, and ongoing petition, supporting information revisions to the species’ critical habitat conservation measures for the species submitted with the petition, and are warranted. To ensure that the review and its habitat; information otherwise available in our is comprehensive, we are soliciting (2) Physical and biological features files. To the maximum extent scientific and commercial data and essential to the conservation of the practicable, we are to make this finding other information regarding this species. species; and within 90 days of our receipt of the DATES: The finding announced in this (3) Information on threats to the petition and publish our notice of the document was made on June 22, 2009. species and its habitat. finding promptly in the Federal To be considered in the 12-month Register. finding for this petition to revise critical Please note that submissions merely stating support or opposition to the Our standard for substantial habitat, data and information must be information within the Code of Federal submitted to us by July 22, 2009. actions under consideration without providing supporting information, Regulations (CFR) with regard to a 90- ADDRESSES: You may submit although noted, will not be considered day petition finding is ‘‘that amount of information by one of the following in making a determination; section information that would lead a methods: 4(b)(2) of the Act directs that reasonable person to believe that the • Federal rulemaking Portal: http:// determinations as to whether critical measure proposed in the petition may www.regulations.gov. Follow the habitat shall be revised shall be made be warranted’’ (50 CFR 424.14(b)). If we instructions for submitting comments to ‘‘solely on the basis of the best scientific find that substantial scientific or Docket No. FWS–R6–ES–2009–0037. data available and after taking into commercial information was
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