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part of the vehicle; these items are not amend the standards prior to the DATES: The finding in this document necessarily located in the rear cargo completion of this research would be was made on December 5, 2006. To be area. A ‘‘seat performance failure’’ premature. Additionally, other areas of considered in the 5-year review, includes seat hardware failure, seat concern identified by the petitioners comments and information should be deformed by intrusion or occupant would require substantial research to submitted to us (see ADDRESSES section) impact or other failure mechanism. We address. While the agency may in the on or before March 5, 2007. However, identified one case where an AIS 3+ future consider adding additional we will continue to accept new injury was reported from contact with dummies or unrestrained cargo to its information about any listed species at ‘‘interior loose objects’’ and there was a frontal crash test and/or other programs, any time. ‘‘seat performance failure.’’ We then it is not appropriate to consider ADDRESSES: Data, comments, manually reviewed the individual case rulemaking at this time. In accordance 5 information, or questions concerning file for accuracy in the reporting and with 49 CFR part 552, this completes this petition finding and 5-year review relevancy to the frontal crash test the agency’s review of the petition. should be submitted to the Field procedure proposed. After a careful Authority: 49 U.S.C. 322, 30111, 30115, Supervisor, New Mexico Ecological review of the relevant case file, it was 30117 and 30162; delegation of authority at Services Field Office, 2105 Osuna Road concluded that this was not an incident 49 CFR 1.50. NE, Albuquerque, New Mexico 87113. where loose cargo from the luggage area You may send your comments by of the vehicle compromised the seat Issued on: November 29, 2006. electronic mail (e-mail) directly to the performance, intruded into the Stephen R. Kratzke, Service at [email protected]. passenger compartment, and caused a Associate Administrator for Rulemaking. The petition, supporting data, and direct injury to the occupants in a [FR Doc. E6–20487 Filed 12–4–06; 8:45 am] comments will be made available for frontal crash. This is not to say that BILLING CODE 4910–59–P there are not anecdotal cases that occur public inspection, by appointment, in the real world. However, our query of during normal business hours at the five years of NASS data yielded no cases above address. matching the above criteria. DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Field Supervisor, New Mexico C. Analysis of Petition Fish and Wildlife Service Ecological Services Field Office (see Analysis of the available real world ADDRESSES above) (telephone 505–346– data does not indicate that the 50 CFR Part 17 2525, facsimile 505–346–2542). incidences and severity of motor vehicle SUPPLEMENTARY INFORMATION: occupants injured from unrestrained Endangered and Threatened Wildlife cargo as a direct result of a seat and Plants; 90-Day Finding on a Background performance failure in motor vehicle Petition To Delist the Sacramento crashes is a safety problem that would Mountains Thistle (Cirsium vinaceum) Section 4(b)(3)(A) of the Act (16 warrant an amendment to the Federal and Initiation of 5-Year Status Review U.S.C. 1531 et seq.) requires that we standard at this time. While there may make a finding on whether a petition to AGENCY: be anecdotal cases of displaced cargo Fish and Wildlife Service, list, delist, or reclassify a species intruding into the passenger Interior. presents substantial scientific or compartment and injuring occupants, ACTION: Notice of 90-day petition commercial information indicating that the agency has not been able to quantify finding and initiation of 5-year status the petitioned action may be warranted. the safety problem beyond a review of review. We are to base this finding on the NASS data. More research would be information provided in the petition. To needed to substantiate a correlation SUMMARY: We, the U.S. Fish and the maximum extent practicable, we are between cargo intrusion and occupant Wildlife Service (Service), announce a to make this finding within 90 days of safety resulting from seat deformation or 90-day finding on a petition to remove our receipt of the petition, and publish failure. The petitioners also did not the threatened Sacramento Mountains our notice of this finding promptly in provide any field data demonstrating thistle (Cirsium vinaceum) (thistle) from the Federal Register. such a problem. Furthermore, for the the Federal List of Threatened and Our 90-day finding under section agency to pursue a rulemaking adopting Endangered Plants, under the 4(b)(3)(A) of the Act and § 424.14(b) of the ECE 17 requirement, considerable Endangered Species Act of 1973, as our regulations is limited to a research and testing would be needed amended (Act). We find the petition determination of whether the on the effectiveness of a seat back does not present substantial information information in the petition meets the deflection measurement to reduce indicating that delisting of the thistle ‘‘substantial information’’ threshold. occupant injury and the design and cost may be warranted. Therefore, we will ‘‘Substantial information’’ is defined in of potential countermeasures beyond not initiate a further 12-month status 50 CFR 424.14(b) as ‘‘that amount of the current requirements specified in review in response to this petition information that would lead a FMVSS No. 207. The petitioners did not under section 4(b)(3)(B) of the Act. reasonable person to believe that the provide such information. However, we are initiating a 5-year measure proposed in the petition may review of this species under section be warranted.’’ Petitioners need not IV. Conclusion 4(c)(2)(A) of the Act to consider prove that the petitioned action is After carefully considering all aspects information that has become available warranted to support a ‘‘substantial’’ of the petitions, the agency has decided since we listed the species as threatened finding; instead, the key consideration to deny them. As stated above, the on June 16, 1987 (52 FR 22933). This in evaluating whether or not a petition agency has undertaken research in some will provide the public an opportunity presents ‘‘substantial’’ information areas of concern identified by the to submit new information on the status involves demonstration of the reliability petitioners. Making a determination to of the species. We invite all interested and adequacy of the information parties to submit comments or supporting the action advocated by the 5 NASS–CDS case reference: 2004–049–105. information regarding this species. petition.

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We have to satisfy the Act’s flow. Waters at these sites are rich in determined that grazing and disturbance requirement that we use the best calcium carbonate that often no longer threaten the species, and that available scientific and commercial precipitates out to create large areas of logging has never impacted the thistle. information to make our decisions. travertine (calcium carbonate) deposits, The petition also cites a biological However, we do not conduct additional which occasionally become large bluffs assessment prepared by the Forest research at this point, nor do we subject or hills. Travertine deposits are the most Service (Forest Service 2003, pp. 41–68) the petition to rigorous critical review. common habitats of the thistle. that indicates the thistle’s abundance Rather, at the 90-day finding stage, we On June 16, 1987, we listed the thistle and range have increased since the accept the petitioner’s sources and as a threatened species based on threats species was listed. characterizations of the information, to from water development, grazing, the extent that they appear to be based recreation, logging, and the invasion of Finally, the petitioner disagrees with on accepted scientific principles (such exotic plants (52 FR 22933). A recovery the Recovery Plan’s strategy of as citing published and peer reviewed plan for the species was finalized on encouraging the State of New Mexico to articles, or studies done in accordance September 27, 1993 (Service 1993, pp. adopt water law standards that with valid methodologies), unless we 1–23). recognize the need for preservation of in-stream flow to benefit plants, fish, have specific information to the Review of the Petition contrary. Our finding considers whether and other wildlife (Service 1993, p. 9). the petition states a reasonable case for For this finding, the Service evaluated The petitioner suggests that proactive delisting on its face. Thus, our 90-day the statements and information in the watershed restoration would be a more finding expresses no view as to the petition by comparing these with effective strategy to insure the ultimate issue of whether the species information contained in our files. The availability of water at the springs and should no longer be classified as a Act identifies the five factors to be bogs which provide habitat for the threatened species. We make no considered, either singly or in species. The Petitioner also suggests that determinations as to the currency, combination, to determine whether a the availability of water, air, and accuracy, completeness, or veracity of species may be threatened or sunshine are aspects of the natural the petition. The contents of this finding endangered or whether a listed species world which do not need to be summarize that information that was should be reclassified or removed from guaranteed by the Service before a available to us at the time of the petition the list. The following discussion species can be delisted. review. presents our evaluation of the petition, In making this finding, we relied on based on information provided in the Conservation Status information provided by the petitioners petition, information available in our and information available in our files at files, and our current understanding of Under section 4 of the Act, we may the time we reviewed the petition, and the species. list or delist a species, subspecies, or we evaluated that information in On April 30, 2004, we received a Distinct Population Segment of accordance with 50 CFR 424.14(b). Our petition from Mr. Doug Moore, Otero vertebrate taxa on the basis of any of the process for making a 90-day finding County Commissioner, New Mexico, to following five factors: (A) Present or under section 4(b)(3)(A) of the Act and delist the thistle as a threatened species. threatened destruction, modification, or § 424.14(b) of our regulations is limited In response to the petitioner’s request to curtailment of habitat or range; (B) to a determination of whether the delist the thistle, we sent a letter to the overutilization for commercial, information contained in the petition petitioner dated August 31, 2005, recreational, scientific, or educational meets the ‘‘substantial information’’ explaining that the Service would purposes; (C) disease or predation; (D) threshold. review the petition and determine inadequacy of existing regulatory whether or not the petition presents mechanisms; or (E) other natural or Species Information substantial information indicating that manmade factors affecting its continued The thistle is a stout plant, 3.3 to 5.9 delisting the thistle may be warranted. existence. This 90-day finding is not a feet (ft) (1 to 1.8 meters (m)) tall. Thistle The petition references the June 16, status assessment and does not stems are brown-purple and highly 1987, final listing rule (52 FR 22933) constitute a status review under the Act. branched. The basal leaves are green, 12 and lists the following threats for the Therefore, what follows below is a to 20 inches (in) (30 to 50 centimeters species: (1) Loss of water; (2) trampling preliminary review of the factors (cm)) long, and up to 8 in (20 cm) wide, or ground disturbance by cattle, affecting this species. with ragged edges. The thistle presently wildlife, or humans; (3) grazing of occurs on both the eastern and western plants; and (4) logging. The supporting A. The Present or Threatened slopes of the Sacramento Mountains in information provided by the petitioner Destruction, Modification, or Otero County, New Mexico. The thistle includes only a portion of one recent Curtailment of Its Habitat or Range occurs primarily on National Forest biological assessment and a portion of System lands of the Lincoln National one recent biological opinion conducted The June 16, 1987, listing (52 FR Forest in south-central New Mexico for a USDA Forest Service (Forest 22933) and subsequent recovery plan (Service 1993, p. 3). A few occupied Service) grazing allotment (Forest (Service 1993, pp. 4–6) list habitat sites lie on the extreme southern end of Service 2003, pp. 1, 57–68; Service destruction or alteration by domestic the Mescalero Apache Indian 2004, pp. 1, 25–27). The petition also livestock, water development (e.g., Reservation and a few private land provides the following summary withdrawal from springs and reservoir inholdings within the Lincoln National statements regarding the thistle: (1) The construction), trampling by Forest (Service 1993, p. 3). In this area, range of the species is 500 percent recreationists, road maintenance, and the thistle occurs within the mixed greater than when it was listed in 1987; logging as threats to the species’ habitat conifer zone, between 7,500 and 9,500 (2) the known population size is 2,800 and range. The thistle also has been ft (2,300 and 2,900 m), in limestone percent greater than when it was listed; impacted by off-road vehicles (ORVs), substrate. The thistle is an obligate and (3) the known threats that can be motorcycles, road grading, and other riparian species that requires saturated managed have been virtually removed. activities (Service 1993, pp. 4–6; Forest soils with surface or sub-surface water The petitioner states that monitoring has Service 2004, pp. 625–629).

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Information Provided in the Petition We generally agree with the statement minimal (52 FR 22933, June 16, 1987). that logging does not currently threaten Livestock can trample vulnerable The petitioner maintains that loss of the thistle. At present, the Forest seedlings, rosettes, and flowering stalks, water may threaten the thistle, but Service applies a minimum 200 ft as well as damage travertine and soft suggests that the availability of water, (60 m) protective buffer around thistle substrates in occupied and potential air, and sunshine are aspects of the occurrences during forest management habitat (Thomson 1991, pp. 44–52; natural world which do not need to be activities (Service 2002, p. 3; Service Service 2004, pp. 62–63). The petition guaranteed by the Service. The 2004, pp. 4–13; Service 2005a, p. 3). includes information indicating that petitioner notes that proactive Still, the petition does not provide livestock use of occupied habitat results watershed restoration would be more substantial scientific information that in trampling and herbivory, but reduced appropriate than acquiring water rights the present or threatened destruction, livestock stocking levels and fencing for the thistle. The petitioner also states modification, or curtailment of habitat around springs has led to large increases that logging has not impacted the thistle or range no longer threatens the thistle. in thistle abundance (Forest Service because forest management discourages Information in our files indicates that 2003, pp. 53–56; Service 2004, p. 35; these activities near areas considered at the time of listing, the range of the Service 2005b, pp. 698–703). For habitat (springs and bogs). Finally, the thistle consisted of approximately 20 example, more than 10-fold increases petitioner maintains that the plant’s known population areas (within 6 large have been observed in some areas known population size is 2,800 percent canyon drainages) containing an following the construction and greater than when it was listed. estimated 10,000 to 15,000 sexually maintenance of exclosures (Forest reproducing individuals (52 FR 22933; Service 2003, pp. 53–56). Grazing Evaluation of Information in the Petition Service 1993, p. 2). Presently, the thistle exclosures have protected thistles from occurs in small, dense populations at 86 We agree with the petitioner that trampling and herbivory, and allowed sites on the Lincoln National Forest reduction in the availability of water populations inside the exclosures to with an estimated population of 350,000 could threaten the species. As noted, the expand outside fenced areas (Forest to 400,000 plants (Service 2005b, thistle is an obligate riparian species Service 2003, pp. 53–56). Forty of the 86 pp. 695–697). The extent of occupied population sites located within the that requires surface or immediately sites and plant numbers fluctuates with Lincoln National Forest have been sub-surface water flows. The loss of rainfall and the amount of surface flow fenced to exclude livestock or are water can be: (1) Naturally caused due available. Populations generally expand considered to be inaccessible (Service to drought conditions; (2) caused by in years of higher spring flows, with 2005b, p. 698). Exclosures total other factors that may cause a spring to plants establishing farther downstream approximately 120 ha (290 ac), go dry (i.e., rerouting of underground and scattered along the springs’ outflow protecting occupied thistle habitat from channels); or (3) caused by human creeks. In years of lower flow, the negative impacts associated with impacts such as spring development or populations contract back to the wetter livestock use (Service 2005b, p. 698). loss of water flow to an occupied site areas around the springs (Forest Service Although thistles have been through diversion by roads or trails 2004, pp. 625–629). documented to recover within a few (Service 1993, pp. 4–5; Service 2004, As discussed above, information in weeks from light grazing (i.e., grazing p. 35). Since 1999, New Mexico has our files indicates that the petitioner’s impacting less than 10 percent of known been in a drought (Piechota et al. 2004, claim that the number of populations plants), livestock grazing on the thistle’s pp. 303–305); however, the length or and range of the thistle are greater than flowering stalks and the leaves of severity of the current drought cycle is what was known in 1987 is reliable and rosettes can contribute to the loss of the not known, and the Southwest may be accurate. However, the petitioner has entire reproductive output of the plant entering a period of prolonged drought presented no information or analysis to (Forest Service 2003, p. 53, 59; Service (McCabe et al. 2004, pp. 4138–4140). suggest these increased numbers would 2005b, p. 697). The petitioner did Droughts of the 20th century are minor indicate that listing is no longer present evidence that threats from in comparison to droughts in the last warranted, nor to suggest that threats grazing can be reduced by using 2000 years. For example, droughts prior under Factor A no longer impact the exclosures but did not present evidence to 1600 are characterized by longer species. Impacts to habitat remain that grazing no longer is a threat to the duration (multidecadal) and greater substantial factors impacting the long- species. spatial extent than droughts of today term viability of this species. (Woodhouse and Overpeck 1998, D. The Inadequacy of Existing pp. 2698–2706; Piechota et al. 2004, B. Overutilization for Commercial, Regulatory Mechanisms pp. 303–305). It is unknown how the Recreational, Scientific, or Educational Purposes The petition does not discuss the springs in the Sacramento Mountains adequacy of regulatory mechanisms. would respond to extended drought and The petition provides no information The original listing did not cite this an increase in the level of water addressing this factor. The original factor as significant except to briefly withdrawals (e.g., groundwater listing did not cite this factor as mention that take was prohibited by pumping). It is likely that the seasonal significant. existing Forest Service regulations and distribution of yearly precipitation also C. Disease or Predation that no other State and Federal plays a role in water availability for the regulations protected the species. thistle. Spring desiccation at occupied Information Provided in the Petition E. Other Natural or Manmade Factors sites has led to a reduction in the The petition indicates that herbivory Affecting Its Continued Existence number of individual plants, and in does not adversely affect the species some cases, caused a loss of all plants because vigorous growth of thistle was The petition does not discuss other at previously occupied sites (Forest observed in areas following heavy use. natural or manmade factors. The Service 2003, pp. 35–36). We will original listing discussed the impacts of consider the petitioner’s suggestion for Evaluation of Information in the Petition livestock grazing on range and the alternative methods of providing water The original listing suggested the impacts of competition from introduced in future recovery planning efforts. amount of predation by herbivores was exotic species. As livestock grazing was

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also discussed under Factor C in the the Federal classification of the thistle. (A) Species includes any species or original listing, the petition’s discussion Any change in Federal classification subspecies of fish, wildlife, or plant, of this issue and our response is covered would require a separate rulemaking. As and any distinct population segment of under Predation above. part of our 5-year review, we will ensure any species of vertebrate, which that the information used is complete, interbreeds when mature; (B) Finding accurate, and consistent with the Endangered means any species that is in We have reviewed the petition and requirements of the Act, the Service’s danger of extinction throughout all or a evaluated the information in relation to Policy on Information Standards under significant portion of its range; (C) other pertinent literature and the Endangered Species Act, published Threatened means any species that is information available in our files. The in the Federal Register on July 1, 1994 likely to become an endangered species thistle’s population numbers and range (59 FR 34271), and Section 515 of the within the foreseeable future throughout are greater today than at the time of the Treasury and General Government all or a significant portion of its range. June 16, 1987, listing. The petitioner Appropriations Act for Fiscal Year 2001 How Do We Determine Whether a states the threats are no longer (Pub. L. 106–554; H.R. 5658) and the Species Is Endangered or Threatened? significant, and requested that we delist associated Information Quality the species. However, the petition does Guidelines issued by the Service. Section 4(a)(1) of the Act establishes not analyze any new scientific that we determine whether a species is information in relation to the five What Information Is Considered in the endangered or threatened based on one factors we must consider before Review? or more of the five following factors: (A) proposing to delist a species. In A 5-year review considers all new The present or threatened destruction, addition, the petitioner includes very information available at the time of the modification, or curtailment of its little detailed justification for the review. This review will consider the habitat or range; (B) overutilization for suggested delisting of the thistle, does best scientific and commercial data that commercial, recreational, scientific, or not provide information regarding the has become available since we listed the educational purposes; (C) disease or status of the species over a significant species on June 16, 1987 such as: (A) predation; (D) the inadequacy of portion of its range, does not describe or Species biology, including, but not existing regulatory mechanisms; or (E) analyze how the threats relate to past or limited to, population trends, other natural or manmade factors present numbers and distribution of the distribution, abundance, demographics, affecting its continued existence. thistle, and includes only a small and genetics; ( B) habitat conditions, Section 4(a)(1) of the Act requires that amount of supporting documentation. including but not limited to amount, our determination be made on the basis After this review and evaluation, we distribution, and suitability; (C) of the best scientific and commercial find the petition does not present conservation measures that have been data available. substantial information to indicate that implemented to benefit the species; (D) What Could Happen as a Result of This delisting the thistle may be warranted at threat status and trends (see five factors Review? this time. under heading ‘‘How do we determine whether a species is endangered or If we find that there is new 5-Year Review threatened?’’); and (E) other new information concerning the Sacramento Our regulations at 50 CFR 424.21 information, data, or corrections, Mountains thistle, indicating a change require that we publish a notice in the including, but not limited to, taxonomic in classification may be warranted, we Federal Register announcing those or nomenclatural changes, identification may propose a new rule that could do species currently under active review. of erroneous information contained in one of the following: (a) Reclassify the This notice announces our initiation of the List of Endangered and Threatened species from threatened to endangered a 5-year review for the threatened Wildlife and Plants, and improved (uplist); or (b) remove the species from thistle. analytical methods. the List (delist). If we determine that a change in classification is not Why Is a 5-Year Review Conducted? How Is the Sacramento Mountains warranted, then the thistle will remain Section 4(c)(2)(A) of the Act requires Thistle Currently Listed? on the List under its current threatened that we conduct a review of listed Under the Act, the Service maintains status. species at least once every 5 years. We Lists of Endangered and Threatened are then, under section 4(c)(2)(B) of the Wildlife and Plant species (Lists) at 50 Public Solicitation of New Information Act, to determine, on the basis of such CFR 17.11 (for animals) and 17.12 (for We request any new information a review, whether or not any species plants). Amendments to the Lists concerning the status of the Sacramento should be removed from the List of through final rules are published in the Mountains thistle. See ‘‘What Endangered and Threatened Wildlife Federal Register. The Lists are also Information Is Considered in the (50 CFR 17.11) or the List of Endangered available on our Internet site at http:// Review?’’ heading for specific criteria. and Threatened Wildlife Plants (50 CFR endangered.fws.gov/wildlife.html. The Information submitted should be 17.12) (delisted), or reclassified from Sacramento Mountains Thistle (Cirsium supported by documentation such as endangered to threatened (downlisted), vinaceum) is listed as threatened, with maps, bibliographic references, methods or from threatened to endangered an historic range of U.S.A. (New used to gather and analyze the data, or (uplisted). Mexico), in the family Asteraceae. It copies of any pertinent publications, The 5-year review is an assessment of does not have designated critical reports, or letters by knowledgeable the best scientific and commercial data habitat, and no 4(d) special rules apply sources. If you wish to submit available at the time of the review. to this plant. information for the 5-year review, you Therefore, we are requesting submission may submit information to the Field of any new scientific and commercial Definitions Related to This Notice Supervisor, New Mexico Ecological data on the thistle. Considering the best The following definitions are Services Field Office (see ADDRESSES). scientific and commercial information provided to assist those persons who Our practice is to make comments, available, the Service will recommend contemplate submitting information including names and home addresses of whether or not a change is warranted in regarding the species being reviewed: respondents, available for public review

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during regular business hours. Endangered Species Act of 1973, as information in the petition meets the Individual respondents may request that amended. We find that the petition does ‘‘substantial information’’ threshold. we withhold their home addresses from not present substantial scientific or Substantial information is ‘‘that amount the rulemaking record, which we will commercial information indicating that of information that would lead a honor to the extent allowable by law. listing the tricolored blackbird may be reasonable person to believe that the There also may be circumstances in warranted. Therefore, we will not be measure proposed in the petition may which we would withhold from the initiating a status review in response to be warranted’’ (50 CFR 424.14(b)). rulemaking record a respondent’s this petition. We ask the public to Previous Federal Action identity, as allowable by law. If you submit to us any new information that wish us to withhold your name or becomes available concerning the status In 1990, the California Department of address, you must state this of, or threats to, the tricolored blackbird Fish and Game (CDFG) added the prominently at the beginning of your or its habitat at any time. tricolored blackbird to its list of Bird Species of Special Concern. In 1991 the comment, but you should be aware that DATES: The finding announced in this the Service may be required to disclose document was made on December 5, Yolo Chapter of the National Audubon your name and address under the 2006. You may submit new information Society submitted a petition to the Freedom of Information Act. However, concerning this species for our Service and to the California Fish and Game Commission to list the tricolored we will not consider anonymous consideration at any time. blackbird as a threatened or endangered comments. We will make all ADDRESSES: The complete file for this species. Researchers (Hamilton et al. submissions from organizations or finding is available for public businesses, and from individuals 1995, p. 7) working on the species in inspection, by appointment, during 1992 found that the population had identifying themselves as normal business hours at the representatives or officials of increased from the late 1980s; thus, the Sacramento Fish and Wildlife Office, petitioners withdrew their petition organizations or businesses, available U.S. Fish and Wildlife Service, 2800 for public inspection in their entirety. based on new information that the Cottage Way, Room W–2605, population numbers had increased. The References Cited Sacramento, California 95825–1846. Service included this species as a New information, materials, comments, A complete list of all references cited candidate (Category 2) for Federal or questions concerning this species listing as either threatened or in this notice is available upon request may be submitted to us at any time. from the New Mexico Ecological endangered in the 1991 and 1994 FOR FURTHER INFORMATION CONTACT: Services Field Office (see ADDRESSES). Candidate Notice of Review (CNOR) (59 Susan Moore, Field Supervisor or FR 58981, p. 58990, issued November Author Arnold Roessler, Listing Branch Chief of 15, 1994). Category 2 status included The primary authors of this rule are the Sacramento Fish and Wildlife Office those taxa for which information in the the New Mexico Ecological Services (see ADDRESSES), by telephone at (916) Service’s possession indicated that a Field Office staff (see ADDRESSES). 414–6600, or by facsimile to (916) 414– proposed listing rule was possibly 6712. Persons who use a appropriate, but for which sufficient Authority telecommunications device for the deaf data on biological vulnerability and The authority for this action is the (TDD) may call the Federal Information threats were not available to support a Endangered Species Act of 1973, as Relay Service (FIRS) at 800/877–8339, proposed rule. In the CNOR published amended (16 U.S.C. 1531 et seq.). 24 hours a day, 7 days a week. on February 28, 1996, the Service SUPPLEMENTARY INFORMATION: announced a revised list of plant and Dated: November 14, 2006. animal taxa that were regarded as H. Dale Hall, Background candidates for possible addition to the Director, Fish and Wildlife Service. Section 4(b)(3)(A) of the Endangered List of Threatened and Endangered [FR Doc. E6–20317 Filed 12–4–06; 8:45 am] Species Act of 1973, as amended (Act) Species (61 FR 7595). The revised BILLING CODE 4310–55–P (16 U.S.C. 1531 et seq.), requires that we candidate list included only former make a finding on whether a petition to Category 1 species. All former Category list, delist, or reclassify a species 2 species were dropped from the list in DEPARTMENT OF THE INTERIOR presents substantial scientific or order to reduce confusion about the commercial information indicating that conservation status of these species, and Fish and Wildlife Service the petitioned action may be warranted. to clarify that the Service no longer We are to base this finding on regarded these species as candidates for 50 CFR Part 17 information provided in the petition, listing. Since the tricolored blackbird Endangered and Threatened Wildlife supporting information submitted with was a Category 2 species, it was no and Plants; 90-Day Finding on a the petition, and information otherwise longer recognized as a candidate species Petition To List the Tricolored available in our files at the time we as of the February 28, 1996, CNOR. The Blackbird as Threatened or make the determination. To the tricolored blackbird is now considered a Endangered maximum extent practicable, we are to U.S. Fish and Wildlife Service Bird of make this finding within 90 days of our Conservation Concern (USFWS 2002). AGENCY: Fish and Wildlife Service, receipt of the petition, and the finding This designation is a result of mandates Interior. is to be published in the Federal required through the Fish and Wildlife ACTION: Notice of 90-day petition Register. Conservation Act, which in part finding. This finding summarizes information requires the Service to identify nongame included in the petition and information migratory bird species that, without SUMMARY: We, the U.S. Fish and available to us at the time of the petition additional conservation actions, are Wildlife Service (Service), announce a review. A 90-day finding under section likely to become candidates for listing 90-day finding on a petition to list the 4(b)(3)(A) of the Act and section under the Act. One of the goals of tricolored blackbird (Agelaius tricolor) 424.14(b) of our regulations is limited to identifying species of conservation as threatened or endangered under the a determination of whether the concern is to draw attention to the

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