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roughly fifty to sixty percent of the access charges or reciprocal ES–2011–0043; Division of Policy and traffic [on its network] is VoIP.’’ Would compensation rates apply? Directives Management; U.S. Fish and that, or other data, provide a basis for Federal Communications Commission. Wildlife Service; 4401 North Fairfax a safe harbor? Marcus Maher, Drive, MS 2042–PDM; Arlington, VA Æ Are there alternative mechanisms 22203. besides tariffs that could be used to Deputy Chief, Pricing Policy Division, Wireline Competition Bureau. We will post all comments on determine the amount of VoIP traffic http://www.regulations.gov. This exchanged between two carriers for [FR Doc. 2011–20322 Filed 8–9–11; 8:45 am] generally means that we will post any purposes of the VoIP ICC framework, BILLING CODE 6712–01–P personal information you provide us and if so, what would be the relative (see Public Comments section below for merits of such an approach? more information). • Call Signaling. In the USF/ICC DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Transformation NPRM the Commission Fish and Wildlife Service Paula Halupa, Fish and Wildlife proposed to apply new call signaling Biologist, U.S. Fish and Wildlife rules designed to address phantom Service, South Florida Ecological traffic to telecommunications carriers 50 CFR Part 17 Services Office, 1339 20th Street, Vero and interconnected VoIP providers. [Docket No. FWS–R4–ES–2011–0043; MO Beach, Florida 32960–3559 by Some commenters have expressed 92210–0–0008] telephone 772–562–3909, ext. 257 or by concerns about whether and how the electronic mail: [email protected]. proposed rules would apply to one-way RIN 1018–AX83 interconnected VoIP providers. In SUPPLEMENTARY INFORMATION: Endangered and Threatened Wildlife particular, we seek to further develop Public Comments Solicited the record regarding possible and Plants; Proposed Listing of the implementation of any new call Miami Blue Butterfly as Endangered, Our intent is to use the best available signaling rules that apply to one-way and Proposed Listing of the Cassius commercial and scientific data as the interconnected VoIP providers. Blue, Ceraunus Blue, and Nickerbean foundation for all endangered and Æ If call signaling rules apply to one- Blue Butterflies as Threatened Due to threatened species classification way interconnected VoIP providers, Similarity of Appearance to the Miami decisions. Therefore, we request how could these requirements be Blue Butterfly comments or suggestions from other implemented? Would one-way concerned governmental agencies, the AGENCY: Fish and Wildlife Service, scientific community, industry, or any interconnected VoIP providers be Interior. required to obtain and use numbering other interested party concerning this ACTION: resources? If not, how could the new Proposed rule; request for proposed rule to list the Miami blue signaling rules operate for originating public comments. butterfly (Cyclargus thomasi bethunebakeri) as endangered. We callers that do not have a telephone SUMMARY: We, the U.S. Fish and particularly seek comments concerning: number? Wildlife Service (Service), propose to Æ If one-way interconnected VoIP (1) Biological, commercial trade, or list the Miami blue butterfly (Cyclargus other relevant data concerning any providers were permitted to use a thomasi bethunebakeri) as endangered number other than an actual North threat (or lack thereof) to the Miami blue under the Endangered Species Act of butterfly; American Numbering Plan (NANP) 1973, as amended (Act). An emergency telephone number associated with an (2) The location of any additional rule listing this subspecies as populations of the Miami blue butterfly originating caller in required signaling, endangered for 240 days is published would such use lead to unintended or within or outside the United States; concurrently in this issue of the Federal (3) Additional information regarding undesirable consequences? If so, should Register. We also propose to list the other types of carriers or entities also be the taxonomy, genetics, life history (e.g., cassius blue butterfly (Leptotes cassius dispersal capabilities, host plants, entitled to use alternate numbering? theonus), ceraunus blue butterfly Æ Would there need to be numbering nectar sources, dependence on ants), (Hemiargus ceraunus antibubastus), and range, distribution, population size, and resources specifically assigned in the nickerbean blue butterfly (Cyclargus context of one-way VoIP services? Are metapopulation dynamics of the Miami ammon) as threatened due to similarity blue; there other signaling issues that we of appearance to the Miami blue, with should consider with regard to one-way (4) Current or planned activities in a special rule pursuant to section 4(d) of occupied or potential habitat and their VoIP calls? the Act. We solicit additional data, Æ If call signaling rules were to apply possible impacts to the Miami blue; information, and comments that may signaling obligations to one-way (5) The reasons why any habitat assist us in making a final decision on interconnected VoIP providers, at what should or should not be determined to this proposed action. point in a call path should the required be critical habitat for the Miami blue as signaling originate, i.e., at the gateway DATES: Comments from all interested provided by section 4 of the Act, or elsewhere? parties must be received by October 11, including physical and biological Æ To what extent are such 2011. Public hearing requests must be features within areas occupied or requirements necessary to implement received by September 26, 2011. specific areas outside of the geographic the ABC Plan’s and Joint Letter’s ADDRESSES: You may submit comments area occupied that are essential for the proposals that billing for VoIP traffic be by one of the following methods: conservation of the subspecies; based on call detail information? More • Federal eRulemaking Portal: http:// (6) Threats to the Miami blue butterfly broadly, what particular call detail www.regulations.gov. Follow the from collection of or commercial trade information would be used for this instructions for submitting comments involving the cassius blue butterfly purpose? What are the relative on docket number FWS–R4–ES–2011– (Leptotes cassius theonus), ceraunus advantages or disadvantages of treating 0043. blue butterfly (Hemiargus ceraunus such call detail information as • U.S. mail or hand-delivery: Public antibubastus), and nickerbean blue dispositive for determining whether Comments Processing, Attn: FWS–R4– butterfly (Cyclargus ammon), due to the

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Miami blue’s similarity in appearance to metapopulations existed at two main listed in accordance with the Act, on these species. locations: Bahia Honda State Park which are found those physical or (7) Effects of the proposed 4(d) special (BHSP) and KWNWR, roughly 50 miles biological features (I) Essential to the rule to establish prohibitions on (80 kilometers [km]) apart. The conservation of the species and (II) that collection of, or commercial trade metapopulation at KWNWR was may require special management involving, the cassius blue butterfly, believed to be several hundred adults in considerations or protection; and (ii) ceraunus blue butterfly, and nickerbean 2007, possibly more, with fewer specific areas outside the geographic blue butterfly). reported in 2009 through July 2011. area occupied by a species at the time Please note that submissions merely From 1999 to 2009, the metapopulation it is listed, upon a determination that stating support for or opposition to the at BHSP appeared to be generally such areas are essential for the action under consideration without restricted to 200 adults or fewer. This conservation of the species. providing supporting information, metapopulation may now be extirpated; Conservation is defined in section 3(3) although noted, will not be considered no adults have been located at BHSP of the Act as the use of all methods and in making a determination, as section since July 2010. The remaining procedures that are necessary to bring 4(b)(1)(A) of the Act directs that metapopulation(s) occurs entirely any endangered or threatened species to determinations as to whether any within KWNWR. Abundance is not the point at which listing under the Act species is an endangered or threatened known, but is estimated in the hundreds is no longer necessary. species must be made ‘‘solely on the or fewer. Recent available count data are Section 4(a)(3) of the Act, as basis of the best scientific and limited, but show wide fluctuations. amended, and implementing regulations commercial data available.’’ The Miami blue butterfly is (50 CFR 424.12), require that, to the You may submit your comments and imminently threatened by the combined maximum extent prudent and materials concerning this proposed rule influences of habitat destruction or determinable, we designate critical by one of the methods listed in modification, herbivory of host plants habitat at the time we determine that a ADDRESSES. We will not accept by exotic green iguanas (Iguana iguana), species is endangered or threatened. comments sent by e-mail or fax or to an illegal collection, accidental harm from Our regulations (50 CFR 424.12(a)(1)) address not listed in ADDRESSES. humans, restricted range, small state that the designation of critical Comments must be submitted to population size, loss of genetic habitat is not prudent when one or both http://www.regulations.gov before heterogeneity, and catastrophic of the following situations exist: (1) The 11:59 p.m. (Eastern Time) on the date environmental events. Predation and species is threatened by taking or other specified in DATES. We will not consider disease may also be a threat due to the human activity, and identification of hand-delivered comments that we do small population size. The Miami blue critical habitat can be expected to not receive, or mailed comments that butterfly, if it is found to persist increase the degree of threat to the are not postmarked, by the date elsewhere in its historical range (i.e., species, or (2) such designation of specified in DATES. outside of its most recent known critical habitat would not be beneficial We will post your entire comment— occurrences), is threatened by habitat to the species. We have determined that including your personal identifying loss and fragmentation, pesticide both circumstances apply to the Miami information—on http://www. application from mosquito control blue butterfly. This determination regulations.gov. If you provide personal practices, displacement of native host involves a weighing of the expected identifying information in your plants by invasive exotic species, increase in threats associated with a comment, you may request at the top of detrimental land management practices, critical habitat designation against the your document that we withhold this inadequate regulatory protection, benefits gained by a critical habitat information from public review. restricted genetic exchange, and designation. An explanation of this However, we cannot guarantee that we vulnerability to extirpation from severe ‘‘balancing’’ evaluation follows. will be able to do so. or catastrophic weather events in Increased Threat to the Subspecies by Comments and materials we receive, addition to the threats listed above. Designating Critical Habitat as well as supporting documentation we Environmental effects from climatic used in preparing this proposed rule, change, including sea level rise, are also Designation of critical habitat requires will be available for public inspection significant long-term threats that are the publication of maps and a narrative on, or by appointment, during normal expected to substantially reduce the description of specific critical habitat business hours at the South Florida butterfly’s habitat in both its current and areas in the Federal Register. The Ecological Services Office (see FOR historical range. degree of detail in those maps and FURTHER INFORMATION CONTACT section). For an extensive discussion of boundary descriptions is greater than biological background information, the general location descriptions Background previous Federal actions, factors provided in this proposal to list the The Miami blue butterfly is known to affecting the subspecies, our species as endangered. We are occur on only a few, small remote determination of status under the Act, concerned that designation of critical islands within the Florida Keys. The conservation measures available to habitat could more widely announce the geographic range of this butterfly, which listed and proposed species, similarity exact location of the butterflies to once extended from the Dry Tortugas of appearance, and special rules, consult poachers, collectors, and vandals and north along the Florida coasts to about the emergency rule for the Miami blue further facilitate unauthorized St. Petersburg and Daytona, has been butterfly published concurrently in this collection and trade. Due to its extreme severely reduced. The subspecies is now issue of the Federal Register. rarity (a low number of individuals, restricted to Key West National Wildlife combined with small areas inhabited by Refuge (KWNWR), Monroe County, Critical Habitat and Prudency the remaining metapopulation), this Florida, where the only confirmed Determination butterfly is highly vulnerable to metapopulation(s) (group of smaller Critical habitat is defined in section collection. Vandalism, disturbance, and populations that have some interaction) 3(5)(A) of the Act as (i) The specific other harm from humans are also occurs. No other extant populations are areas within the geographic area serious threats to the butterfly and its known at this time. In 2009, occupied by a species, at the time it is habitat (see Factors B and E of

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emergency rule). At this time, removal extinction. Identification of critical Benefits to the Subspecies From Critical of any individuals or damage to habitat habitat would increase the severity of Habitat Designation may have devastating consequences for this threat by spatially depicting exactly It is true that designation of critical the survival of the subspecies. We where the subspecies may be found and habitat for the Miami blue butterfly believe that these threats will be more widely publicizing this within the KWNWR or BHSP would exacerbated by the publication of maps information, exposing the fragile have some beneficial effects. Section and descriptions outlining the specific population and its habitat to greater 7(a)(2) of the Act requires Federal locations of this critically imperiled risks. agencies, including the Service, to butterfly in the Federal Register and ensure that actions they fund, authorize, local newspapers. Maps and Identification and publication of critical habitat may also increase the or carry out are not likely to jeopardize descriptions of critical habitat, such as the continued existence of any those which would appear in the likelihood of inadvertent or purposeful habitat destruction. Damage to host endangered or threatened species or Federal Register if critical habitat were result in the destruction or adverse designated, are not now available to the plants from humans has been documented in the past (see Factor E of modification of that species’ critical general public. habitat (see Available Conservation Although we do not have specific emergency rule). Recreation within Measures and Jeopardy Standard evidence of taking for this subspecies, occupied areas has resulted in trampling sections of the emergency rule). Critical illegal collection of imperiled butterflies of vegetation and negative impacts to habitat only provides protections where from State, Federal, and other lands in the subspecies and its habitat (see there is a Federal nexus, that is, those Florida appears ongoing, prevalent, and Factor E of emergency rule). High actions that come under the purview of damaging (see Factor B analysis of visitation and illicit uses (e.g., fire pits, emergency rule for specific cases). In section 7 of the Act. Critical habitat camping, vandalism) within occupied designation has no application to addition, we are aware that a market and suitable habitat have resulted in exists for trade in rare, imperiled, and actions that do not have a Federal local disturbances (see Factor E of nexus. Section 7(a)(2) of the Act listed butterflies, including those in emergency rule). Identification and south Florida (see Factor B analysis of mandates that Federal agencies, in advertisement of critical habitat will consultation with the Service, evaluate emergency rule). For example, there is likely generate interest by the public, currently a demand for two other the effects of its proposed action on any potentially leading to additional use of designated critical habitat. Similar to butterflies from south Florida that are and increased risk to sensitive habitats. candidates for listing under the Act, the the Act’s requirement that a Federal Inadvertent impacts from humans, Florida leafwing (Anaea troglodyta agency action not jeopardize the including human-induced fire, are now floridalis) and Bartram’s hairstreak continued existence of listed species, (Strymon acis bartrami). At least one significant threats to habitat within Federal agencies have the responsibility website we are aware of offers portions of the subspecies’ occupied not to implement actions that would specimens of the Florida leafwing and range (see Factor E of emergency rule). destroy or adversely modify designated Bartram’s hairstreak for up to Ö110.00 Immature stages (eggs, larvae), which critical habitat. Critical habitat and Ö10.00 (euros), respectively are sedentary, are particularly designation alone, however, does not (approximately $154.00 and $14.00) vulnerable. Identification and require that a Federal action agency (Lit. cited 2011a). A forum on another publication of critical habitat would implement specific steps toward species website documents strong interest in likely increase exposure of sensitive recovery. trade or outright purchase of specimens habitats and increase the likelihood and All areas known to support the Miami among collectors (Lit. cited 2011b). severity of threats to both the subspecies blue butterfly during the past 13 years Although it is unclear from where the and its habitat. are or have been on Federal or State lands; these areas are currently being specimens originated or when they were Identification and publication of managed for the subspecies. collected, these butterflies occur critical habitat would also likely predominantly on conservation lands, Management efforts are consistent with, increase enforcement problems. Though and geared toward, Miami blue where collection is prohibited. take prohibitions exist, effective Additionally, we are aware of a conservation, and such efforts are enforcement is difficult. As discussed in expected to continue in the future. market for butterflies that look similar to Factors B, D, and E and elsewhere in the the Miami blue, including all three of Because the butterfly exists only as one emergency rule, the threat of collection the subspecies proposed for listing due or possibly two small metapopulations, and inadvertent impacts from humans to similarity of appearance (see any future activity involving a Federal exists; areas are already difficult to emergency rule), as well as other action that would destroy or adversely Cyclargus thomasi subspecies that occur patrol. Areas within the KWNWR are modify critical habitat would also likely in foreign countries. It is clear that a remote and accessible mainly by boat, jeopardize the subspecies’ continued demand currently exists for both making them difficult for law existence (see Jeopardy Standard within imperiled butterflies and those similar enforcement personnel to patrol and emergency rule). Consultation with in appearance to the Miami blue. Due to monitor. We believe that designation of respect to critical habitat would provide the few metapopulations, small critical habitat would facilitate further additional protection to a species only population size, restricted range, and use and misuse of sensitive habitats and if the agency action would result in the remoteness of occupied habitat, we resources, creating additional difficulty destruction or adverse modification of believe that collection is a significant for law enforcement personnel in an the critical habitat but would not threat to the Miami blue butterfly and already challenging environment. jeopardize the continued existence of could occur at any time. Even limited Overall, we believe that designation of the species. In the absence of a critical collection from the remaining critical habitat will increase the habitat designation, areas that support population (or other populations, if likelihood and severity of the threats of the Miami blue butterfly will continue discovered) could have deleterious illegal collection of the subspecies and to be subject to conservation actions effects on reproductive and genetic destruction of sensitive habitat, as well implemented under section 7(a)(1) of viability and thus could contribute to its as exacerbate enforcement issues. the Act and to the regulatory protections

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afforded by the section 7(a)(2) jeopardy risk of increasing significant threats to Federal Register (see DATES). Such standard, as appropriate. Federal actions the subspecies by publishing location requests must be sent to the address affecting the Miami blue butterfly even information in a critical habitat shown in FOR FURTHER INFORMATION in the absence of designated critical designation greatly outweighs the CONTACT. We will schedule public habitat areas will still benefit from benefits of designating critical habitat. hearings on this proposal, if any are consultation pursuant to section 7(a)(2) In conclusion, we find that the requested, and announce the dates, of the Act and may still result in designation of critical habitat is not times, and places of those hearings, as jeopardy findings. Therefore, prudent, in accordance with 50 CFR well as how to obtain reasonable designation of specific areas as critical 424.12(a)(1), because the Miami blue accommodation, in the Federal Register habitat that are currently occupied or butterfly is threatened by collection and and local newspapers at least 15 days recently occupied is unlikely to provide habitat destruction, and designation can before the hearing. reasonably be expected to increase the measurable benefit to the subspecies. Persons needing reasonable Another potential benefit to the degree of these threats to the subspecies accommodation to attend and Miami blue butterfly from designating and its habitat. Critical habitat participate in a public hearing should critical habitat is that it could serve to designation could provide some benefit contact the South Florida Ecological educate landowners, State and local to the subspecies, but these benefits are Services Field Office at 772–562–3909, government agencies, Refuge or Park significantly outweighed by the visitors, and the general public increased risk of collection pressure, as soon as possible. To allow sufficient regarding the potential conservation habitat destruction, and enforcement time to process requests, please call no value of the area. Through the processes problems that could result from later than one week before the hearing of listing the butterfly under the State of depicting, through publicly available date. Information regarding this Florida’s endangered species statute in maps and descriptions, exactly where proposed rule is available in alternative 2002 and the recognition of the Miami this extremely rare butterfly and its formats upon request. blue as a Federal candidate subspecies habitat can be found. However, we seek National Environmental Policy Act in 2005, much of this educational public comment on our determination component is already in effect. that designation of critical habitat is not We have determined that an Agencies, organizations, and prudent (see Public Comments Solicited Environmental Assessment or stakeholders are actively engaged in section earlier in this rule for Environmental Impact Statement, as efforts to raise awareness for the instructions on how to submit defined under authority of the National butterfly and its conservation needs. For comments). Environmental Policy Act of 1969, need example, the North American Butterfly not be prepared in connection with Peer Review Association has a Miami blue chapter, regulations adopted pursuant to section which helps promote awareness for the In accordance with our policy, 4(a) of the Act. We published a notice subspecies. The Florida Fish and ‘‘Notice of Interagency Cooperative outlining our reasons for this Wildlife Conservation Commission and Policy for Peer Review in Endangered determination in the Federal Register partners have also formed a workgroup, Species Act Activities,’’ that was on October 25, 1983 (48 FR 49244). in part to raise awareness for imperiled published on July 1, 1994 (59 FR Paperwork Reduction Act (44 U.S.C. butterflies in south Florida. Staff at 34270), we will seek the expert opinion 3501, et seq.) BHSP have also recruited volunteers to of at least three appropriate help search for the subspecies within independent specialists regarding this This proposed rule does not contain the Park and surrounding areas, and proposed rule. The purpose of such a any new collections of information that they have organized speakers to inform review is to ensure listing decisions are require approval by the Office of the general public about the butterfly. In based on scientifically sound data, Management and Budget (OMB) under addition, designation of critical habitat assumptions, and analysis. We will send the Paperwork Reduction Act. This rule could inform State agencies and local copies of this proposed rule to the peer will not impose new recordkeeping or governments about areas that could be reviewers immediately following reporting requirements on State or local conserved under State laws or local publication in the Federal Register. We governments, individuals, businesses, or ordinances. However, since awareness will invite these peer reviewers to organizations. We may not conduct or and education involving the Miami blue comment, during the public comment sponsor, and you are not required to is already well underway, designation of period, on the specific assumptions and respond to, a collection of information critical habitat would likely provide the data that are the basis for our unless it displays a currently valid OMB only minimal incremental benefits. conclusions regarding the proposal to control number. list the Miami blue butterfly as Increased Threat to the Subspecies References Cited Outweighs the Benefits of Critical endangered and our prudency determination regarding critical habitat Habitat Designation A complete list of all references cited for this subspecies. Upon reviewing the available We will consider all comments and in the emergency rule published information, we have determined that information we receive during the concurrently in this issue of the Federal the designation of critical habitat would comment period on this proposed rule Register is available on the Internet at increase the threat to the Miami blue during preparation of a final http://www.regulations.gov or upon butterfly from unauthorized collection rulemaking. Accordingly, our final request from the Field Supervisor, and trade, and may further facilitate decision may differ from this proposal. South Florida Ecological Services Office inadvertent or purposeful disturbance (see FOR FURTHER INFORMATION CONTACT). Public Hearings and vandalism to the Miami blue’s Author habitat. At the same time, we believe The Act provides for one or more that designation of critical habitat is public hearings on this proposal, if The primary author of this proposed likely to confer little measurable benefit requested. Requests must be received rule is the staff of the South Florida to the subspecies beyond that provided within 45 days after the date of Ecological Services Office (see by listing. Overall, we believe that the publication of this proposal in the ADDRESSES).

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List of Subjects in 50 CFR Part 17 ACTION: 90-day petition finding; request SUPPLEMENTARY INFORMATION: for comments, and initiation of a status Endangered and threatened species, Background Exports, Imports, Reporting and review. On September 7, 2010, we received a recordkeeping requirements, SUMMARY: We (NMFS and USFWS; also petition from WildEarth Guardians and Transportation. collectively referred to as the Services) Ms. Sarah Felsen to list the saltmarsh Proposed Regulation Promulgation announce a 90-day finding on a petition topminnow (Fundulus jenkinsi) as to list the saltmarsh topminnow For the reasons given in the preamble threatened or endangered under the (topminnow; Fundulus jenkinsi) as of the emergency rule listing the Miami ESA and to list the species under the threatened or endangered under the emergency listing provisions of the ESA blue butterfly (Cyclargus thomasi Endangered Species Act (ESA). We find bethunebakeri) as endangered and the (16 U.S.C. 1533(b)(7)) owing to that the petition presents substantial perceived threats from the Deepwater cassius blue butterfly (Leptotes cassius scientific information indicating that the theonus), ceraunus blue butterfly Horizon oil spill. Copies of this petition petitioned action may be warranted. We are available from us (see ADDRESSES, (Hemiargus ceraunus antibubastus), and will conduct a status review of the nickerbean blue butterfly (Cyclargus above). species to determine if the petitioned Since the petition was sent to both ammon) as threatened due to similarity action is warranted. To ensure that the NMFS and USFWS, and we both had of appearance, published concurrently status review is comprehensive, we are information in our files concerning the in the Rules and Regulations section of soliciting scientific and commercial data species, we are jointly responding to the this issue of the Federal Register, we on the species (see below). 90-day finding. The species’ salt marsh, propose to amend part 17, subchapter B DATES: Information and comments on estuarine habitat falls within an area of chapter I, title 50 of the Code of the subject action must be received by where both NMFS and FWS manage Federal Regulations, as set forth below: October 11, 2011. species. USFWS will be responsible for PART 17—[AMENDED] ADDRESSES: You may submit conducting the 12-month finding and information by one of the following determining if listing the saltmarsh 1. The authority citation for part 17 methods: topminnow is warranted and has agreed continues to read as follows: Federal eRulemaking Portal: http:// to assume sole jurisdiction from this Authority: 16 U.S.C. 1361–1407; 16 U.S.C. www.regulations.gov. In the box that point forward. 1531–1544; 16 U.S.C. 4201–4245; Public Law reads ‘‘Enter Keyword or ID,’’ enter the ESA Statutory, Regulatory, and Policy 99–625, 100 Stat. 3500; unless otherwise Docket number for this finding, which Provisions and Evaluation Framework noted. is 110110016–1039–01. Check the box 2. This document proposes to that reads ‘‘Open for Comment/ Section 4(b)(3)(A) of the ESA, as establish the provisions of the Submission,’’ and then click the Search amended (16 U.S.C. 1531 et seq.), emergency rule published elsewhere (in button. You should then see an icon that requires that, to the maximum extent this issue of the Federal Register) as a reads ‘‘Submit a Comment.’’ Please practicable, within 90 days of receipt of final rule. ensure that you have found the correct a petition to list a species as threatened rulemaking before submitting your or endangered the Services make a Dated: July 27, 2011. comment. finding on whether that petition Gregory E. Siekaniec, U.S. mail or hand-delivery: Public presents substantial scientific or Acting Director, U.S. Fish and Wildlife Comments Processing, Attn: commercial information indicating that Service. 110110016–1039–01; Division of Policy the petitioned action may be warranted, [FR Doc. 2011–19818 Filed 8–9–11; 8:45 am] and Directives Management; U.S. Fish and to promptly publish such finding in BILLING CODE 4310–55–P and Wildlife Service; 4401 N. Fairfax the Federal Register (16 U.S.C. Drive, MS 2042–PDM; Arlington, VA 1533(b)(3)(A)). When it is found that 22203. substantial scientific or commercial DEPARTMENT OF COMMERCE We will post all information we information in a petition indicates the receive on http://www.regulations.gov. petitioned action may be warranted (a National Oceanic and Atmospheric This generally means that we will post ‘‘positive 90-day finding’’), we are Administration any personal information you provide required to promptly commence a us. review of the status of the species DEPARTMENT OF THE INTERIOR Copies of the petition and related concerned during which we will materials are available upon request conduct a comprehensive review of the Fish and Wildlife Service from the Assistant Regional best available scientific and commercial Administrator, Protected Resources information. In such cases, we shall 50 CFR Parts 17 and 224 Division, Southeast Regional Office, conclude the review with a finding as to [Docket No. 110110016–1039–01] NMFS, 263 13th Avenue South, St. whether, in fact, the petitioned action is Petersburg, FL 33701; Project Leader, warranted. Because the finding at the RIN 0648–XA144 USFWS, Panama City Ecological 12-month stage is based on a more Services Office, 1601 Balboa Ave., thorough review of the available Endangered and Threatened Wildlife; Panama City, FL 32405; or online at: 90-Day Finding on a Petition To List information, as compared to the narrow http://www.nmfs.noaa.gov/pr/species/ scope of review at the 90-day stage, a the Saltmarsh Topminnow as esa/other.htm Threatened or Endangered Under the ‘‘may be warranted’’ finding does not FOR FURTHER INFORMATION CONTACT: Endangered Species Act prejudge the outcome of the status Jason Rueter, NMFS Southeast Region, review. AGENCY: National Marine Fisheries (727) 824–5312, Dwayne Meadows, Under the ESA, a listing Service (NMFS), National Oceanic and NMFS Office of Protected Resources, determination may address a ‘‘species,’’ Atmospheric Administration (NOAA), (301) 713–1401, or Catherine Phillips, which is defined to also include Commerce; United States Fish and FWS, Panama City Ecological Services subspecies and, for any vertebrate Wildlife Service (USFWS), Interior. Office, (850) 769–0552. species, any distinct population

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