90-Day Finding on a Petition to Delist Cirsium Vinaceum

90-Day Finding on a Petition to Delist Cirsium Vinaceum

Federal Register / Vol. 73, No. 216 / Thursday, November 6, 2008 / Proposed Rules 66003 ACTION: Proposed rule. Public Law 107–198, see 44 U.S.C. Federal List of Threatened and 3506(c)(4). Endangered Plants, under the SUMMARY: The Commission requests Provisions of the Regulatory Endangered Species Act of 1973, as comments on a channel substitution Flexibility Act of 1980 do not apply to amended (Act). We find that the petition proposed by Pappas Telecasting of this proceeding. Members of the public presents substantial information Central Nebraska, L.P. (‘‘Pappas’’), the should note that from the time a Notice indicating that delisting of C. vinaceum permittee of KWNB–DT, DTV channel of Proposed Rule Making is issued until may be warranted. Therefore, with the 18, Hayes Center, Nebraska. Pappas the matter is no longer subject to publication of this notice, we are requests the substitution of DTV Commission consideration or court initiating a 12-month status review in channel 6 for channel 18 at Hayes review, all ex parte contacts are response to this petition under section Center. prohibited in Commission proceedings, 4(b)(3)(B) of the Act to determine if DATES: Comments must be filed on or such as this one, which involve channel delisting the species is warranted. To before December 8, 2008, and reply allotments. See 47 CFR 1.1204(b) for ensure that the review is comments on or before December 22, rules governing permissible ex parte comprehensive, we are soliciting data 2008. contacts. and other information regarding C. For information regarding proper vinaceum. ADDRESSES: Federal Communications filing procedures for comments, see 47 DATES: To allow us adequate time to Commission, Office of the Secretary, CFR 1.415 and 1.420. 445 12th Street, SW., Washington, DC conduct a status review, we request that 20554. In addition to filing comments List of Subjects in 47 CFR Part 73 information be submitted on or before with the FCC, interested parties should Television, Television broadcasting. December 22, 2008. ADDRESSES: serve counsel for petitioner as follows: For the reasons discussed in the You may submit Kathleen Victory, Esq., Fletcher, Heald preamble, the Federal Communications information by one of the following & Hildreth, PLC, 1300 North 17th Street, Commission proposes to amend 47 CFR methods: • Federal eRulemaking Portal: http:// 11th Floor, Arlington, VA 22209. part 73 as follows: www.regulations.gov. Follow the FOR FURTHER INFORMATION CONTACT: instructions for submitting comments. Joyce L. Bernstein, PART 73—RADIO BROADCAST • SERVICES U.S. mail or hand-delivery: Public joyce.bernstein@fcc.gov, Media Bureau, Comments Processing, Attn: [FWS–R2– (202) 418–1600. 1. The authority citation for part 73 ES–2008–0114; Division of Policy and SUPPLEMENTARY INFORMATION: This is a continues to read as follows: Directives Management; U.S. Fish and synopsis of the Commission’s Notice of Authority: 47 U.S.C. 154, 303, 334, 336. Wildlife Service; 4401 N. Fairfax Drive, Proposed Rule Making, MB Docket No. Suite 222; Arlington, VA 22203. 08–193, adopted September 12, 2008, § 73.622 [Amended] We will not accept e-mail or faxes. We and released September 19, 2008. The 2. Section 73.622(i), the DTV Table of will post all information received on: full text of this document is available for Allotments under Nebraska, is amended http://www.regulations.gov. This public inspection and copying during by adding channel 6 and removing generally means that we will post any normal business hours in the FCC’s channel 18 at Hayes Center. personal information you provide us Reference Information Center at Portals Federal Communications Commission. (see the Information Solicited section below for more details). II, CY–A257, 445 12th Street, SW., Clay C. Pendarvis, Washington, DC 20554. This document FOR FURTHER INFORMATION CONTACT: Associate Chief, Video Division, Media will also be available via ECFS (http:// Bureau. Wally ‘‘J’’ Murphy, Field Supervisor, www.fcc.gov/cgb/ecfs/). (Documents U.S. Fish and Wildlife Service, New [FR Doc. E8–26507 Filed 11–5–08; 8:45 am] will be available electronically in ASCII, Mexico Ecological Services Office, 2105 Word 97, and/or Adobe Acrobat.) This BILLING CODE 6712–01–P Osuna Road, NE, Albuquerque, New document may be purchased from the Mexico 87113; telephone 505–346– Commission’s duplicating contractor, 2525; facsimile 505–346–2542. If you Best Copy and Printing, Inc., 445 12th DEPARTMENT OF THE INTERIOR use a telecommunications device for the Street, SW., Room CY–B402, Fish and Wildlife Service deaf (TDD), call the Federal Information Washington, DC 20554, telephone 1– Relay Service (FIRS) at 800–877–8339. 800–478–3160 or via e-mail http:// 50 CFR Part 17 SUPPLEMENTARY INFORMATION: www.BCPIWEB.com. To request this document in accessible formats [FWS R2 ES 2008 0114; 92220–1113–0000; Information Solicited (computer diskettes, large print, audio C5] When we make a finding that recording, and Braille), send an e-mail substantial information exists to to fcc504@fcc.gov or call the Endangered and Threatened Wildlife indicate that listing or delisting a Commission’s Consumer and and Plants; 90-Day Finding on a species may be warranted, we are Governmental Affairs Bureau at (202) Petition To Delist Cirsium vinaceum required to promptly commence a 418–0530 (voice), (202) 418–0432 (Sacramento Mountains Thistle) review of the status of the species. To (TTY). This document does not contain AGENCY: Fish and Wildlife Service, ensure that the status review is proposed information collection Interior. complete and based on the best requirements subject to the Paperwork ACTION: Notice of 90-day petition available scientific and commercial Reduction Act of 1995, Public Law 104– finding and initiation of a status review. information, we are soliciting any 13. In addition, therefore, it does not additional information on the status of contain any proposed information SUMMARY: We, the U.S. Fish and Cirsium vinaceum from the public, collection burden ‘‘for small business Wildlife Service (Service), announce a other concerned governmental agencies, concerns with fewer than 25 90-day finding on a petition to remove Native American Tribes, the scientific employees,’’ pursuant to the Small the threatened Cirsium vinaceum community, industry or environmental Business Paperwork Relief Act of 2002, (Sacramento Mountains thistle) from the entities, or any other interested parties. VerDate Aug<31>2005 13:40 Nov 05, 2008 Jkt 217001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\06NOP1.SGM 06NOP1 ebenthall on PRODPC68 with PROPOSALS 66004 Federal Register / Vol. 73, No. 216 / Thursday, November 6, 2008 / Proposed Rules We are seeking information on historical finding. To the maximum extent deposits are the most common habitat of and current distribution, biology and practicable, we are to make this finding the species. ecology, ongoing conservation measures within 90 days of our receipt of the Cirsium vinaceum presently occurs on for the species or its habitat, and threats petition, and publish our notice of this both the eastern and western slopes of to the species or its habitat. We also finding promptly in the Federal the Sacramento Mountains in south- request information regarding the Register. central New Mexico. The species is adequacy of existing regulatory Our 90-day finding under section found primarily on National Forest mechanisms. 4(b)(3)(A) of the Act and § 424.14(b) of Service lands of the Lincoln National Please note that comments merely our regulations is limited to a Forest in Otero County, New Mexico stating support or opposition to the determination of whether the (Service 1993, p. 3). A few occupied actions under consideration without information in the petition meets the sites lie on the extreme southern end of providing supporting information, ‘‘substantial information’’ threshold. the Mescalero Apache Indian although noted, will not be considered ‘‘Substantial information’’ is defined in Reservation and a few private land in making a determination, as section 50 CFR 424.14(b) as ‘‘that amount of inholdings within the Lincoln National 4(b)(1)(A) of the Act directs that information that would lead a Forest (Service 1993, p. 3). Within this determinations as to whether any reasonable person to believe that the known range, C. vinaceum grows in the species is a threatened or endangered measure proposed in the petition may mixed-conifer zone, between 7,500 and species shall be made ‘‘solely on the be warranted.’’ If we find that 9,500 ft (2,300 and 2,900 m), in basis of the best scientific and substantial information was presented, limestone substrate. commercial data available.’’ At the we are required to promptly commence Cirsium vinaceum was listed as a conclusion of the status review, we will a status review of the species. threatened species on June 16, 1987, issue the 12-month finding on the We evaluated the information based on threats from water petition, as provided in section provided by the petitioner in development, trampling and ground 4(b)(3)(B) of the Act (16 U.S.C. 1531 et accordance with 50 CFR 424.14(b). Our disturbance by livestock, recreation, seq.). process for making this 90-day finding logging, and the invasion of exotic You may submit your information under section 4(b)(3)(A) of the Act and plants (52 FR 22933). At the time of concerning this finding by one of the 50 CFR 424.14(b) of our regulations is listing, it was known from 20 localities methods listed in the ADDRESSES limited to a determination of whether consisting of a total of 10,000 to 15,000 section. We will not consider the information in the petition meets the sexually reproducing plants (52 FR submissions sent by e-mail or fax or to ‘‘substantial scientific and commercial 22933).

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