Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Notices 20717 Written comments may be sent by local business. We anticipate that all whether to prepare such additional facsimile to (760) 918–0638. DSF would be lost within documentation. FOR FURTHER INFORMATION CONTACT: Ms. approximately 1.84 acres of DSF This notice is provided pursuant to Karen Goebel, Assistant Field occupied habitat within the project section 10(c) of the Act. We will Supervisor, Carlsbad Fish and Wildlife footprint. The project site does not evaluate the permit application, the Office (see ADDRESSES); telephone: (760) contain any other rare, threatened or proposed Plan, and comments 431–9440. endangered species or habitat. No submitted thereon to determine whether critical habitat for any listed species the application meets the requirements SUPPLEMENTARY INFORMATION: occurs on the project site. of section 10(a) of the Act. If the Availability of Documents The Applicant proposes to mitigate requirements are met, we will issue a the effects to the DSF associated with Individuals wishing copies of the permit to the County of San Bernardino the covered activities by fully application, proposed Plan, and EAS for the incidental take of the Delhi implementing the Plan. The purpose of should immediately contact the Service Sands flower-loving fly from the proposed Plan’s conservation by telephone at (760) 431–9440 or by realignment of the intersection of Valley program is to promote the biological letter to the Carlsbad Fish and Wildlife and Pepper avenues in the City of conservation of the DSF. The County Office. Copies of the proposed Plan and Colton, San Bernardino County, proposes to mitigate impacts to the DSF EAS also are available for public California. either through acquisition and Dated: April 17, 2006. inspection during regular business conservation of a 2.04-acre parcel hours at the Carlsbad Fish and Wildlife adjacent to the proposed project or Jim A. Bartel, Office (see ADDRESSES). purchase of 5 acres of credit within the Field Supervisor, Carlsbad Fish and Wildlife Background Vulcan Materials Inc. Colton Dunes Office, California/Nevada Operations Carlsbad, California. Conservation Bank. Section 9 of the Act and its The Proposed Action consists of the [FR Doc. E6–5988 Filed 4–20–06; 8:45 am] implementing Federal regulations issuance of an incidental take permit BILLING CODE 4310–55–P prohibit the take of animal species listed and implementation of the proposed as endangered or threatened. Take is Plan, which includes measures to defined under the Act as harass, harm, mitigate impacts of the project on the DEPARTMENT OF THE INTERIOR pursue, hunt, shoot, wound, kill, trap, DSF. Two alternatives to the taking of Fish and Wildlife Service capture or collect listed animal species, the listed species under the Proposed or attempt to engage in such conduct (16 Action are considered in the proposed Notice of Endangered and Threatened U.S.C. 1538). However, under section Plan. Under the No Action Alternative, 10(a) of the Act, the Service may issue Wildlife and Plants; Initiation of a 5- no permit would be issued, and no Year Review of Nine Listed Species: permits to authorize incidental take of construction would occur. Under the listed species. ‘‘Incidental take’’ is the Purple Bean (Villosa perpurpurea), Modified Project Alternative, incidental Clubshell (Pleurobema clava), defined by the Act as take that is take of DSF would be authorized, but incidental to, and not the purpose of, Northern Red-bellied Cooter the impacts would be reduced. (Pseudemys rubriventris bangsi), carrying out an otherwise lawful The Service has made a preliminary activity. Regulations governing Roanoke Logperch (Percina rex), determination that approval of the Swamp Pink (Helonias bullata), incidental take permits for threatened proposed Plan qualifies as a categorical and endangered species, respectively, Northern Riffleshell (Epioblasma exclusion under NEPA, as provided by torulosa rangiana), Flat-spired Three- are found in the Code of Federal the Department of the Interior Manual Regulations at 50 CFR 17.22 and 50 CFR toothed Land Snail (Triodopsis (516 DM 2, Appendix 1 and 516 DM 6, platysayoides), Puritan Tiger Beetle 17.32 Appendix 1) and as a ‘‘low-effect’’ plan (Cicindela puritana), and Dwarf The Applicant is seeking a permit for as defined by the Habitat Conservation Wedgemussel (Alasmidonta take of the Delhi Sands flower-loving fly Planning Handbook (November 1996). heterodon) during the life of the permit. This Determination of Low-effect Habitat species is referred to as the ‘‘DSF’’ in the Conservation Plans is based on the AGENCY: Fish and Wildlife Service, proposed Plan. following three criteria: (1) Interior. The Applicant proposes to relocate Implementation of the proposed Plan ACTION: Notice. the current Valley Boulevard/Pepper would result in minor or negligible Avenue intersection approximately 76 effects on federally listed, proposed, and SUMMARY: Pursuant to section 4(c)(2)(A) meters (250 feet) north. Pepper Avenue candidate species and their habitats; (2) of the Endangered Species Act of 1973 would be widened to six lanes in the implementation of the proposed Plan (ESA) (16 U.S.C. 1531 et seq.), the U.S. segment between San Bernardino would result in minor or negligible Fish and Wildlife Service (Service) Avenue and Interstate 10. The effects on other environmental values or announces a 5-year review of the improvement limits on Valley resources; and (3) impacts of the endangered purple bean (Villosa Boulevard are 246 meters (811 feet) west proposed Plan, considered together with perpurpurea), clubshell (Pleurobema and 284 meters (938 feet) east of Pepper the impacts of other past, present and clava), northern red-bellied cooter Avenue. Valley Boulevard would retain reasonably foreseeable similarly situated (Pseudemys rubriventris bangsi), two through lanes in each direction projects would not result, over time, in Roanoke logperch (Percina rex), with turn lanes at the intersection with cumulative effects to environmental northern riffleshell (Epioblasma Pepper Avenue. A signalized street values or resources which would be torulosa rangiana), and dwarf connection approximately 152 meters considered significant. wedgemussel (Alasmidonta heterodon); (500 feet) west of Pepper Avenue would Based upon this preliminary and the threatened swamp pink be developed to include a frontage road determination, we do not intend to (Helonias bullata), flat-spired three- and cul-de-sac. An access road would be prepare further NEPA documentation. toothed land snail (Triodopsis constructed to permit southbound We will consider public comments in platysayoides), and Puritan tiger beetle Pepper Avenue traffic direct access to making the final determination on (Cicindela puritana). A 5-year review is VerDate Aug<31>2005 17:21 Apr 20, 2006 Jkt 208001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\21APN1.SGM 21APN1 rwilkins on PROD1PC63 with NOTICES 20718 Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Notices a periodic process conducted to ensure endangered nor threatened for one or we withhold theirs identity, to the that the listing classification of a species more of the following reasons: (1) The extent allowable by law. If you wish us is accurate. A 5-year review is based on species is considered extinct; (2) the to withhold your name or address, you the best scientific and commercial data species is considered to be recovered; must state this request prominently at available at the time of the review; and/or (3) the original data available the beginning of your comment. We will therefore, we are requesting submission when the species was listed, or the not, however, consider anonymous of any such information on the purple interpretation of such data, were in comments. To the extent consistent with bean, clubshell, northern red-bellied error. Any change in Federal applicable law, we will make all cooter, Roanoke logperch, northern classification would require a separate submissions from organizations or riffleshell, and dwarf wedgemussel, that rulemaking process. The regulations in businesses, and from individuals has become available since their original 50 CFR 424.21 require that we publish identifying themselves as listings as endangered species in 1997 a notice in the Federal Register representatives or officials of (62 FR 1647–1658), 1993 (58 FR 5638– announcing those species currently organizations or businesses, available 5642), 1980 (45 FR 21828–21833), 1989 under active review. This notice for public inspection in their entirety. (54 FR 34468–34472), 1993 (58 FR announces our active review of the Comments and materials received will 5638–5642), and 1990 (55 FR 9447– purple bean, clubshell, northern red- be available for public inspection, by 9451), respectively. In addition, we are bellied cooter, Roanoke logperch, appointment, during normal business requesting submission of any such northern riffleshell, and dwarf hours (see ADDRESSES section). information on the swamp pink, flat- wedgemussel, currently listed as Author: The primary author of this spired, three-toothed land snail, and endangered, and the swamp pink, flat- notice is Ms. Mary Parkin of the U.S. Puritan tiger beetle that has become spired three-toothed land snail, and Fish and Wildlife Service, Northeast available since their listing as Puritan tiger beetle, currently listed as Regional Office, 300 Westgate Center threatened species in 1988 (53 FR threatened. Drive,