Federal Register / Vol. 75, No. 80 / Tuesday, April 27, 2010 / Proposed Rules 22063 Act and applicable Federal regulations. relations, Ozone, Nitrogen dioxides, submit information directly to the 42 U.S.C. 7410(k); 40 CFR 52.02(a). Reporting and recordkeeping Ventura Fish and Wildlife Office (see Thus, in reviewing SIP submissions, requirements, Volatile organic FOR FURTHER INFORMATION CONTACT EPA’s role is to approve State choices, compounds. section below). Please note that we may provided that they meet the criteria of not be able to address or incorporate 40 CFR Part 81 the Clean Air Act. Accordingly, these information that we receive after the actions merely do not impose additional Environmental protection, Air date noted above. requirements beyond those imposed by pollution control. ADDRESSES: You may submit State law and the Clean Air Act. For that Authority: 42 U.S.C. 7401 et seq. information by one of the following reason, these actions: Dated: April 14, 2010. methods: • Are not ‘‘significant regulatory • Walter W. Kovalick Jr., Federal eRulemaking Portal: http:// actions’’ subject to review by the Office www.regulations.gov. Search for docket Acting Regional Administrator, Region 5. of Management and Budget under FWS-R8-ES-2010-0006 and then follow Executive Order 12866 (58 FR 51735, [FR Doc. 2010–9753 Filed 4–26–10; 8:45 am] the instructions for submitting October 4, 1993); BILLING CODE 6560–50–P comments. • Do not impose an information • U.S. mail or hand-delivery: Public collection burden under the provisions Comments Processing, Attn: FWS-R8- of the Paperwork Reduction Act (44 DEPARTMENT OF THE INTERIOR ES-2010-0006; Division of Policy and U.S.C. 3501 et seq.); Directives Management; U.S. Fish and Fish and Wildlife Service • Are certified as not having a Wildlife Service; 4401 N. Fairfax Drive, significant economic impact on a Suite 222; Arlington, VA 22203. 50 CFR Part 17 substantial number of small entities We will post all information received under the Regulatory Flexibility Act [FWS-R8-ES-2010-0006] on http://www.regulations.gov. This (5 U.S.C. 601 et seq.); [MO 92210-0-0008 B2] generally means that we will post any • Do not contain any unfunded personal information you provide us mandate or significantly or uniquely Endangered and Threatened Wildlife (see the Information Solicited section affect small governments, as described and Plants; 90–day Finding on a below for more information). Petition to List the Mohave Ground in the Unfunded Mandates Reform Act FOR FURTHER INFORMATION CONTACT: Squirrel as Endangered with Critical of 1995 (Pub. L. 104–4); Michael McCrary, Listing and Recovery • Habitat Do not have Federalism Coordinator, Ventura Fish and Wildlife implications as specified in Executive AGENCY: Fish and Wildlife Service, Office, 2593 Portola Road, Suite B, Order 13132 (64 FR 43255, August 10, Interior. Ventura, CA 93003; telephone (805) 1999); ACTION: 644-1766; facsimile (805) 644-3958. If • Are not an economically significant Notice of 90–day petition finding and initiation of status review. you use a telecommunications device regulatory action based on health or for the deaf (TDD), call the Federal safety risks subject to Executive Order SUMMARY: We, the U.S. Fish and Information Relay Service (FIRS) at 13045 (62 FR 19885, April 23, 1997); Wildlife Service (Service), announce a (800) 877-8339. • Is not a significant regulatory action 90–day finding on a petition to list the SUPPLEMENTARY INFORMATION: subject to Executive Order 13211 (66 FR Mohave ground squirrel 28355, May 22, 2001); (Xerospermophilus mohavensis) as an Information Solicited • Are not subject to requirements of endangered species under the When we make a finding that a section 12(d) of the National Endangered Species Act of 1973, as petition presents substantial Technology Transfer and Advancement amended (Act). Based on our review, we information indicating that listing a Act of 1995 (15 U.S.C. 272 note) because find that the petition presents species may be warranted, we are application of those requirements would substantial scientific or commercial required to promptly review the status be inconsistent with the Clean Air Act; information indicating that listing the of the species (status review). For the and Mohave ground squirrel may be status review to be complete and based • Do not provide EPA with the warranted. Therefore, with the on the best available scientific and discretionary authority to address, as publication of this notice, we are commercial information, we request appropriate, disproportionate human initiating a status review of the species information on the Mohave ground health or environmental effects, using to determine if listing the species is squirrel from government agencies, practicable and legally permissible warranted. To ensure that this status Native American Tribes, the scientific methods, under Executive Order 12898 review is comprehensive, we are community, industry, and any other (59 FR 7629, February 16, 1994). requesting scientific and commercial interested parties. We seek information In addition, this rule does not have data and other information regarding on: Tribal implications as specified by this species. Based on the status review, (1) The species’ biology, range, and Executive Order 13175 (65 FR 67249, we will issue a 12–month finding on the population trends, including: November 9, 2000), because the SIP is petition, which will address whether (a) Habitat requirements for feeding, not approved to apply in Indian country the petitioned action is warranted, as breeding, and sheltering; located in the State, and EPA notes that provided in section 4(b)(3)(B) of the Act. (b) Genetics and taxonomy; it will not impose substantial direct We will make a determination on (c) Historical and current range, costs on Tribal governments or preempt critical habitat for this species, which including distribution patterns; Tribal law. was also requested in the petition, if and (d) Historical and current population List of Subjects when we initiate a listing action. levels, and current and projected trends; DATES: To allow us adequate time to and 40 CFR Part 52 conduct this review, we request that we (e) Past and ongoing conservation Environmental protection, Air receive information on or before June measures for the species, its habitat, or pollution control, Intergovernmental 28, 2010. After this date, you must both. VerDate Nov<24>2008 16:07 Apr 26, 2010 Jkt 220001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\27APP1.SGM 27APP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 22064 Federal Register / Vol. 75, No. 80 / Tuesday, April 27, 2010 / Proposed Rules (2) Historical and current survey (b) The historical values of the habitat identifying information, you may information on the Mohave ground to the species; request at the top of your document that squirrel, including survey methods and (c) The frequency of use of the habitat; we withhold this personal identifying design, time of year, weather and information from public view. However, information, time of day, site selection (d) The uniqueness or importance of we cannot guarantee that we will be method, and descriptions of physical the habitat for other reasons, such as able to do so. We will post all hardcopy characteristics of landscapes, soil, and breeding, feeding, seasonal movements, submissions on http:// vegetation. wintering, or suitability for population www.regulations.gov. (3) The factors that are the basis for expansion, or for genetic diversity. Information and supporting making a listing determination for a Please include sufficient information documentation that we received and species under section 4(a) of the Act (16 with your submission (such as full used in preparing this finding, will be U.S.C. 1531 et seq.), which are: references) to allow us to verify any available for public inspection at http:// (a) The present or threatened scientific or commercial information www.regulations.gov, or by destruction, modification, or you include. appointment, during normal business curtailment of the species’ habitat or If, after the status review, we hours, at the U.S. Fish and Wildlife range; determine that listing the Mohave Service, Ventura Fish and Wildlife (b) Overutilization for commercial, ground squirrel is warranted, we will Office (see FOR FURTHER INFORMATION recreational, scientific, or educational propose critical habitat (see definition CONTACT). in section 3(5)(A) of the Act), in purposes; Background (c) Disease or predation; accordance with section 4 of the Act, to (d) The inadequacy of existing the maximum extent prudent and Section 4(b)(3)(A) of the Act requires regulatory mechanisms; or determinable at the time we propose to that we make a finding on whether a (e) Other natural or manmade factors list the species. Therefore, within the petition to list, delist, or reclassify a affecting its continued existence. geographical range currently occupied species presents substantial scientific or (4) Information on management by the Mohave ground squirrel, we commercial information indicating that programs for the conservation of the request data and information on: the petitioned action may be warranted. Mohave ground squirrel. (1) What may constitute ‘‘physical or We are to base this finding on (5) Information on current or expected biological features essential to the information provided in the petition, future development within the range of conservation of the species’’; supporting information submitted with the Mohave ground squirrel, including (2) Where these features are currently the petition, and information otherwise but not limited to: the extent or found; and available in our files. To the maximum magnitude of habitat loss, degradation, (3) Whether any of these features may extent practicable, we are to make this or fragmentation from development for require special management finding within 90 days of our receipt of energy, transportation, agriculture, considerations or protection, including the petition and publish our notice of military training; land management managing for the potential effects of this finding promptly in the Federal prescriptions; or recreation, and how climate change.