Federal Register / Vol. 61, No. 229 / Tuesday, November 26, 1996 / Proposed Rules 60073 reduce motor vehicle thefts. Therefore, Issued on: November 18, 1996. supporting data are available for public NHTSA believes that the steering lock Ricardo Martinez, inspection, by appointment, during has value as a theft deterrent and Administrator. normal business hours at the above preventative measure. [FR Doc. 96±30056 Filed 11±25±96; 8:45 am] address. The miscellaneous requests in the BILLING CODE 4910±59±P FOR FURTHER INFORMATION CONTACT: Paul petitioner's second and third petitions J. Barrett, at the address listed above are denied. Because there is no (telephone 619/431±9440, facsimile significant safety problem, NHTSA DEPARTMENT OF THE INTERIOR 619/431±9618). denies the petitioner's request that SUPPLEMENTARY INFORMATION: NHTSA initiate rulemaking to require Fish and Wildlife Service manufacturers to affix warning stickers Background 50 CFR Part 17 near the ignition switches of new Section 4(b)(3)(A) of the Endangered vehicles and send warning stickers to Endangered and Threatened Wildlife Species Act (Act) of 1973, as amended owners of used vehicles. No education and Plants; Notice of Initiation of 12- (16 U.S.C. 1531 et seq.) requires that the is needed because the data indicate that month Status Review for Petition to Service make a finding on whether a nearly all Americans are aware of the List the Santa Ana Sucker as petition to list, delist, or reclassify a consequences of removing the key from Endangered species presents substantial scientific or the vehicle ignition while the vehicle is commercial information indicating that moving. The agency does not see any AGENCY: Fish and Wildlife Service, the petitioned action may be warranted. reason that Standard No. 114 would be Interior. To the maximum extent practicable, this considered unconstitutional. There is no ACTION: Notice of status review. finding is to be made within 90 days of judicially-recognized constitutional the receipt of the petition, and the right of choice on whether to lock the SUMMARY: On July 9, 1996, the U.S. Fish finding is to be published promptly in steering. As to requiring all Americans and Wildlife Service (Service) the Federal Register. If the Service to lock their vehicles, that action is announced its 90-day finding on a determines that substantial scientific or clearly beyond NHTSA's statutory petition to list three fish as endangered, commercial information indicating that authority. pursuant to the Endangered Species Act the petitioned action may be warranted of 1973, as amended. The Service found In addition to examining the merits, exists, the Service will commence a the petition did not present substantial review of the status of the species. the agency takes into account other scientific or commercial information factors when deciding whether to grant However, because of a shortfall in funds indicating the petitioned action may be needed to eliminate the existing backlog or deny a petition, such as the warranted for two of the three fish, but relationship of the request to agency of proposed listings and other listing the Service determined that substantial actions required by the Act in FY 1997, priorities and the allocation of information exists to support a decision resources. Even in the absence of such the Service proposed to extend the that listing may be warranted for the existing listing priority guidance on additional considerations, the agency Santa Ana sucker. Though the Service would deny the petitions from ASF. September 17, 1996 (61 FR 48962). was compelled by the United States According to the existing guidance and However, the agency notes that it has District Court for the Northern District experienced personnel reductions and is proposed guidance, the processing of of California to issue the 90-day finding, petitions (tier 3 listing action), including facing more budgetary and personnel the Service indicated that a status reductions in the future. Therefore, the initiation of status reviews, would review of the Santa Ana sucker would be delayed until other higher priority NHTSA must conserve its rulemaking be commenced in accordance with the resources for accomplishing its mission (tier 2 actions or final rules) are final listing priority guidance (61 FR completed. and established priorities, as outlined in 36021). Because the processing of its Strategic Execution Plan. Petitions On September 6, 1994, the Service petitions is a tier 3 listing action received a petition dated September 2, for rulemaking, such as this one, that do according to the existing listing priority not align with these priorities face a 1994, to list the Santa Ana speckled guidance (61 FR 24722) and proposed dace (Rhinichthys osculus ssp.), Santa significant challenge in having agency extended guidance (61 FR 48962), the resources allotted to them. In NHTSA's Ana sucker (Catostomus santaanae), status review and 12-month finding and the Shay Creek threespine judgement, a rulemaking pursuant to typically should be delayed until other this petition would consume significant stickleback (Gasterosteus aculeatus ssp.) higher priority or tier 2 actions (i.e., as endangered species. The petition was agency resources that could be better final rules) are completed. However, the spent on other actions. submitted by the Sierra Club Legal district court ordered the Service on Defense Fund, Inc., on behalf of seven In accordance with 49 CFR part 552, October 10, 1996, to complete its review groups. The seven groups are the this completes the agency's review of of the petition by March 28, 1997. With California-Nevada Chapter of the the petition. The agency has concluded the commencement of the status review, American Fisheries Society, The Nature both that there is no reasonable the Service is taking the first step to School, The California Sportfishing possibility that the actions requested by comply with the court order. Protection Alliance, Friends of the the petitioner would be taken at the DATES: Any comments and materials River, Izaak Walton League of America, conclusion of a rulemaking proceeding received by December 26, 1996 will be California Trout, and Trout Unlimited. and that the problem alleged by ASF considered in the 12-month finding. The Service found the petition did not does not warrant the expenditure of ADDRESSES: Data, information, present substantial scientific or agency resources to conduct a comments, or questions concerning the commercial information indicating the rulemaking proceeding. Accordingly, it status review should be submitted to the petitioned action may be warranted for denies ASF's petitions. Field Supervisor, Carlsbad Field Office, two of the speckled dace and threespine Authority: 49 U.S.C. 30103, 30162; U.S. Fish and Wildlife Service, 2730 stickleback, but the Service determined delegation of authority at 49 CFR 1.50 and Loker Avenue West, Carlsbad, California that substantial information exists to 501.8. 92008. The petition, 90-day finding, and support a decision that listing may be 60074 Federal Register / Vol. 61, No. 229 / Tuesday, November 26, 1996 / Proposed Rules warranted for the Santa Ana sucker. the species (Moyle and Yoshiyama Robins, C. R., R. M. Baily, C. E. Bond, J. R. Though the Service was compelled by 1992, Swift et al, 1993). Brooker, E. A. Lachner, R. N. Lea, and W. the United States District Court for the Swift (in Moyle and Yoshiyama 1992) B. Scott. 1991. Common and scientific Northern District of California to issue summarized the status and threats names of fishes of the United States and the 90-day finding, the Service Canada. American Fisheries Society facing each of the populations in their Special Publication 20. Bethesda, indicated that a status review of the native range. Maryland. Santa Ana sucker would be commenced • Los Angeles River (Big Tujunga Sierra Club Legal Defense Fund. 1994. in accordance with the final listing Creek below Big Tujunga Dam)Ð Petition to designate the Santa Ana priority guidance (61 FR 24722). Fluctuations in water quality pose sucker, Santa Ana speckled dace, and Because the processing of petitions is a problems for all fishes in this reach. The Shay Creek threespine stickleback as tier 3 listing action according to the Santa Ana sucker is rare and may endangered species pursuant to the recently extended guidance (61 FR already be lost here. Endangered Species Act of 1973, as 48962), the status review and 12-month • San Gabriel River (contiguous West, amended. Smith, G. R. 1966. Distribution and evolution finding typically should be delayed North, and East forks about 40 km below until other higher priority or tier 2 of the North American Pantosteus, genus Cogswell Dam)ÐThe West Fork is Catostomus. Miscellaneous Publication actions (i.e., final rules) are completed. threatened by accidental high flows Museum Zoology, University of However, the district court ordered the from Cogswell Reservoir that have Michigan, No. 129:1±132. Service on October 10, 1996, to devastated this reach in the past. The Swift, C. C., T. R. Haglund, M. Ruiz, and R. complete its review of the petition by Cattle Canyon tributary of the East Fork N. Fisher. 1993. The status and March 28, 1997. As a result, the Service is impacted by increased gold mining distribution of the freshwater fishes of is initiating a status review of the Santa (suction dredging) and the population southern California. Bulletin of the Ana sucker as the first step to comply has been much reduced or may be Southern California Academy of Sciences, 92:1±67. with the court order. absent in Cattle Canyon. The Santa Ana sucker (Catostomus • Santa Ana RiverÐSeveral hundred Authority santaanae) is a member of the sucker fish were observed below Prado Dam in The authority for this action is the family (Catostomidae). The Santa Ana 1986 and 1987, although sampling Endangered Species Act, as amended (16 sucker was originally described as above the dam in 1987 yielded only five U.S.C.