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Federal Register
Vol. 74, No. 62
Thursday, April 2, 2009
Vol. 74, No. 62
Thursday, April 2, 2009
There are 7 announcements in this issue
1. AIR - PR. EPA. National Volatile Organic Compound Emission Standards for Aerosol Coatings
2. AIR - NS. EPA. Proposed Consent Decree, Clean Air Act Citizen Suit; Western District of Wisconsin: Sierra Club v. Jackson; Wisconsin Electric Power Company's Oak Creek Power Plant
3. AIR - EPA. ND. EPA Science Advisory Board Staff Office; Request for Nominations of Candidates for the EPA Advisory Council on Clean Air Compliance Analysis, EPA Clean Air Scientific Advisory Committee and EPA Science Advisory Board
4. WILDLIFE - FR. DOI/Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Final Rule To Identify the Western Great Lakes Populations of Gray Wolves as a Distinct Population Segment and To Revise the List of Endangered and Threatened Wildlife
5. WILDLIFE - FR. DOI/Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Final Rule To Identify the Northern Rocky Mountain Population of Gray Wolf as a Distinct Population Segment and To Revise the List of Endangered and Threatened Wildlife
6. WILDLIFE - NM. DOI/Fish and Wildlife Service. Aquatic Nuisance Species Task Force Meeting
7. ENERGY, LAND - ROD/Correction. USDA/Forest Service. Notice of Availability (NOA) Record of Decision (ROD) for the Designation of Energy Corridors on Federal Land in the 11 Western States, Including Proposed Amendments to Selected Land Management Plans
CODES USED: THE FOLLOWING CODES ARE USED TO IDENTIFY THE TYPE OF ANNOUNCEMENT & ISSUE AREA.
REPORTING FORMAT: ISSUE CODE - TYPE CODE. AGENCY. ANNOUNCEMENT.
ISSUE CODES: AIR - Air; ALL - Cross-Media, ecosystems, Env. Justice; CLIMATE - Climate Change, Global Warming; DRINK - Drinking Water, SDWA, Underground Injection; ENERGY - Energy; GLAKES - Great Lakes; HAZ - Hazardous Waste, RCRA, HSWA, DOT/RSPA, Some Nuclear (NRC); LAND - Land Use, Forests; P2 - Pollution Prevention, Sustainability, Recycling, Pjt. XL; REMED - Remediation, Brownfields, Superfund; TANKS - AST, UST; TOXICS = Toxics, TRI, TSCA, Pesticides, Risks, RTK; TRANSPORT - Transportation; SOLID - Solid Waste, RCRA Subtitle D; WATER - Surface Water, NPS, NPDES, Wetlands; WILDLIFE = Wildlife, Biodiversity, Endangered Species.
TYPE CODES: ANPR - Advance Notice of Proposed Rulemaking; FR - Final Rule; FRD - Direct final rule; FRI - Interim final rule; ICR - Information Collection Request; ND - Notice of data, information, reports, etc. availability; NF - Notice of Fuding Opportunity; NM - Notice of Meeting; NS - Notice of administrative/court settlement; PR - Proposed Rule; ROD - Record of decision.
ANNOUNCEMENT 1
Subject: AIR - PR. EPA. National Volatile Organic Compound Emission Standards for Aerosol Coatings
[Federal Register: April 2, 2009 (Volume 74, Number 62)]
[Proposed Rules]
[Page 14941-14949]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 59
[EPA-HQ-OAR-2006-0971; FRL-8788-4]
RIN 2060-AP33
National Volatile Organic Compound Emission Standards for Aerosol
Coatings
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to amend the National Volatile Organic
Compound Emission Standards for Aerosol Coatings (aerosol coatings
reactivity rule), which establishes national reactivity-based emission
standards for the aerosol coatings category (aerosol spray paints)
under section 183(e) of the Clean Air Act. This proposed action amends
Table 2A of the aerosol coatings reactivity rule by adding compounds
and associated reactivity factors based on petitions we received; and
by clarifying which volatile organic compounds are to be quantified in
compliance determinations. Additionally, we are proposing certain
changes related to the notice required for a company to certify that it
will assume the responsibility for compliance with record keeping and
reporting requirements for a regulated entity, and taking comment on
whether to change who is liable following such certification. Finally,
this action proposes minor revisions and corrections to the aerosol
coatings reactivity rule.
DATES: Comments must be received on or before May 4, 2009, unless a
public hearing is requested by April 13, 2009. If a hearing is
requested on the proposed rule, written comments must be received by
May 18, 2009.
Public Hearing. If anyone contacts EPA requesting to speak at a
public hearing concerning the proposed regulation by April 13, 2009, a
public hearing will be held on or about April 17, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0971, by one of the following methods:
[[Page 14942]]
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: (202) 566-1741.
Mail: Air and Radiation Docket, Environmental Protection
Agency, Mailcode 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC
20460. Please include a total of two copies. We request that a separate
copy also be sent to the contact person identified below (see FOR
FURTHER INFORMATION CONTACT). In addition, please mail a copy of your
comments on the information collection provisions to the Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attn: Desk Officer for EPA, 725 17 St., NW., Washington, DC
20503.
Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
FOR FURTHER INFORMATION CONTACT: For information concerning the aerosol
coatings reactivity rule, contact Ms. J. Kaye Whitfield, U.S. EPA,
Office of Air Quality Planning and Standards, Sector Policies and
Programs Division, Natural Resources and Commerce Group (E143-03),
Research Triangle Park, North Carolina 27711, telephone number: (919)
541-2509, fax number (919) 541-3470, e-mail address:
whitfield.kaye@epa.gov. For information concerning the Clean Air Act
(CAA) section 183(e) consumer and commercial products program, contact
Mr. Bruce Moore, U.S. EPA, Office of Air Quality Planning and
Standards, Sector Policies and Programs Division, Natural Resources and
Commerce Group (E143-03), Research Triangle Park, North Carolina 27711,
telephone number: (919) 541-5460, fax number (919) 541-3470, e-mail
address: moore.bruce@epa.gov.
[Proposed Rules]
[Page 14941-14949]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 59
[EPA-HQ-OAR-2006-0971; FRL-8788-4]
RIN 2060-AP33
National Volatile Organic Compound Emission Standards for Aerosol
Coatings
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to amend the National Volatile Organic
Compound Emission Standards for Aerosol Coatings (aerosol coatings
reactivity rule), which establishes national reactivity-based emission
standards for the aerosol coatings category (aerosol spray paints)
under section 183(e) of the Clean Air Act. This proposed action amends
Table 2A of the aerosol coatings reactivity rule by adding compounds
and associated reactivity factors based on petitions we received; and
by clarifying which volatile organic compounds are to be quantified in
compliance determinations. Additionally, we are proposing certain
changes related to the notice required for a company to certify that it
will assume the responsibility for compliance with record keeping and
reporting requirements for a regulated entity, and taking comment on
whether to change who is liable following such certification. Finally,
this action proposes minor revisions and corrections to the aerosol
coatings reactivity rule.
DATES: Comments must be received on or before May 4, 2009, unless a
public hearing is requested by April 13, 2009. If a hearing is
requested on the proposed rule, written comments must be received by
May 18, 2009.
Public Hearing. If anyone contacts EPA requesting to speak at a
public hearing concerning the proposed regulation by April 13, 2009, a
public hearing will be held on or about April 17, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0971, by one of the following methods:
[[Page 14942]]
Follow the online instructions for submitting comments.
Agency, Mailcode 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC
20460. Please include a total of two copies. We request that a separate
copy also be sent to the contact person identified below (see FOR
FURTHER INFORMATION CONTACT). In addition, please mail a copy of your
comments on the information collection provisions to the Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attn: Desk Officer for EPA, 725 17 St., NW., Washington, DC
20503.
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
FOR FURTHER INFORMATION CONTACT: For information concerning the aerosol
coatings reactivity rule, contact Ms. J. Kaye Whitfield, U.S. EPA,
Office of Air Quality Planning and Standards, Sector Policies and
Programs Division, Natural Resources and Commerce Group (E143-03),
Research Triangle Park, North Carolina 27711, telephone number: (919)
541-2509, fax number (919) 541-3470, e-mail address:
whitfield.kaye@epa.gov. For information concerning the Clean Air Act
(CAA) section 183(e) consumer and commercial products program, contact
Mr. Bruce Moore, U.S. EPA, Office of Air Quality Planning and
Standards, Sector Policies and Programs Division, Natural Resources and
Commerce Group (E143-03), Research Triangle Park, North Carolina 27711,
telephone number: (919) 541-5460, fax number (919) 541-3470, e-mail
address: moore.bruce@epa.gov.
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
ANNOUNCEMENT 2
Subject: AIR - NS. EPA. Proposed Consent Decree, Clean Air Act Citizen Suit; Western District of Wisconsin: Sierra Club v. Jackson; Wisconsin Electric Power Company's Oak Creek Power Plant
[Federal Register: April 2, 2009 (Volume 74, Number 62)]
[Notices]
[Page 14982-14983]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8789-1]
Proposed Consent Decree, Clean Air Act Citizen Suit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Proposed Consent Decree; Request for Public Comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a
proposed consent decree to address a lawsuit filed by Sierra Club in
the United States District Court for the Western District of Wisconsin:
Sierra Club v. Jackson, No. 08-cv-664 (W.D. Wis). Plaintiff filed a
deadline suit to compel the Administrator to respond to an
administrative petition seeking EPA's objection to a CAA Title V
operating permit issued by the Wisconsin Department of Natural
Resources to the Wisconsin Electric Power Company's Oak Creek Power
Plant, in Oak Creek, Wisconsin. Under the terms of the proposed consent
decree, EPA has agreed to respond to the petition by May 29, 2009.
DATES: Written comments on the proposed consent decree must be received
by May 4, 2009.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0228, online at http://www.regulations.gov (EPA's preferred
method); by e-mail to oei.docket@epa.gov; by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.
FOR FURTHER INFORMATION CONTACT: Amy Huang Branning, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: (202) 564-1744; fax number (202) 564-5603; e-mail address:
branning.amy@epa.gov.
[Notices]
[Page 14982-14983]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8789-1]
Proposed Consent Decree, Clean Air Act Citizen Suit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Proposed Consent Decree; Request for Public Comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a
proposed consent decree to address a lawsuit filed by Sierra Club in
the United States District Court for the Western District of Wisconsin:
Sierra Club v. Jackson, No. 08-cv-664 (W.D. Wis). Plaintiff filed a
deadline suit to compel the Administrator to respond to an
administrative petition seeking EPA's objection to a CAA Title V
operating permit issued by the Wisconsin Department of Natural
Resources to the Wisconsin Electric Power Company's Oak Creek Power
Plant, in Oak Creek, Wisconsin. Under the terms of the proposed consent
decree, EPA has agreed to respond to the petition by May 29, 2009.
DATES: Written comments on the proposed consent decree must be received
by May 4, 2009.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0228, online at http://www.regulations.gov (EPA's preferred
method); by e-mail to oei.docket@epa.gov; by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.
FOR FURTHER INFORMATION CONTACT: Amy Huang Branning, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: (202) 564-1744; fax number (202) 564-5603; e-mail address:
branning.amy@epa.gov.
ANNOUNCEMENT 3
Subject: AIR - EPA. ND. EPA Science Advisory Board Staff Office; Request for Nominations of Candidates for the EPA Advisory Council on Clean Air Compliance
Analysis, EPA Clean Air Scientific Advisory Committee and EPA Science Advisory Board
[Federal Register: April 2, 2009 (Volume 74, Number 62)]
[Notices]
[Page 14983-14985]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8789-2]
EPA Science Advisory Board Staff Office; Request for Nominations
of Candidates for the EPA Advisory Council on Clean Air Compliance
Analysis, EPA Clean Air Scientific Advisory Committee and EPA Science
Advisory Board
AGENCY: Environmental Protection Agency.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency's (EPA) Science
Advisory Board (SAB) Staff Office is soliciting nominations for
consideration of membership on EPA's Advisory Council on Clean Air
Compliance Analysis (Council), EPA's Clean Air Scientific Advisory
Committee (CASAC), and EPA's Science Advisory Board (SAB) and SAB
subcommittees.
DATES: Nominations should be submitted in time to arrive no later than
May 4, 2009.
FOR FURTHER INFORMATION: Nominators unable to submit nominations
electronically as described below, may submit a paper copy by
contacting Ms. Wanda Bright, U.S. EPA SAB Staff Office (Mail Code
1400F), 1200 Pennsylvania Avenue, NW., Washington, DC 20460 (FedEx/
Courier address: US EPA SAB, Suite 3600, 1025 F Street, NW., Washington
DC 20004), (202) 343-9986 (telephone), (202) 233-0643 (fax), or via e-
mail at bright.wanda@epa.gov. General inquiries regarding the work of
the Council, CASAC and SAB may be directed to Dr. Anthony F.
Maciorowski, Deputy Director, US EPA SAB Staff Office, (202) 343-9983
(telephone), or via e-mail at maciorowski.anthony@epa.gov.
Background: Established by statute, the Council (42 U.S.C 7612),
the CASAC (42 U.S.C. 7409) and SAB (42 U.S.C. 4365) are EPA's chartered
Federal Advisory Committees that provide independent scientific and
technical peer review, consultation, advice and recommendations
directly to the EPA Administrator on a wide variety of EPA science
activities. As Federal Advisory Committees, the Council, CASAC, and SAB
conduct business in accordance with the Federal Advisory Committee Act
(FACA) (5 U.S.C. App. C) and related regulations. Generally, Council,
CASAC and SAB meetings are announced in the Federal Register, conducted
in public view, and provide opportunities for public input during
deliberations. Additional information about these Federal Advisory
Committees may be found at http://www.epa.gov/advisorycouncilcaa,
http://www.epa.gov/casac and http://www.epa.gov/sab.
[Notices]
[Page 14983-14985]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8789-2]
EPA Science Advisory Board Staff Office; Request for Nominations
of Candidates for the EPA Advisory Council on Clean Air Compliance
Analysis, EPA Clean Air Scientific Advisory Committee and EPA Science
Advisory Board
AGENCY: Environmental Protection Agency.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency's (EPA) Science
Advisory Board (SAB) Staff Office is soliciting nominations for
consideration of membership on EPA's Advisory Council on Clean Air
Compliance Analysis (Council), EPA's Clean Air Scientific Advisory
Committee (CASAC), and EPA's Science Advisory Board (SAB) and SAB
subcommittees.
DATES: Nominations should be submitted in time to arrive no later than
May 4, 2009.
FOR FURTHER INFORMATION: Nominators unable to submit nominations
electronically as described below, may submit a paper copy by
contacting Ms. Wanda Bright, U.S. EPA SAB Staff Office (Mail Code
1400F), 1200 Pennsylvania Avenue, NW., Washington, DC 20460 (FedEx/
Courier address: US EPA SAB, Suite 3600, 1025 F Street, NW., Washington
DC 20004), (202) 343-9986 (telephone), (202) 233-0643 (fax), or via e-
mail at bright.wanda@epa.gov. General inquiries regarding the work of
the Council, CASAC and SAB may be directed to Dr. Anthony F.
Maciorowski, Deputy Director, US EPA SAB Staff Office, (202) 343-9983
(telephone), or via e-mail at maciorowski.anthony@epa.gov.
Background: Established by statute, the Council (42 U.S.C 7612),
the CASAC (42 U.S.C. 7409) and SAB (42 U.S.C. 4365) are EPA's chartered
Federal Advisory Committees that provide independent scientific and
technical peer review, consultation, advice and recommendations
directly to the EPA Administrator on a wide variety of EPA science
activities. As Federal Advisory Committees, the Council, CASAC, and SAB
conduct business in accordance with the Federal Advisory Committee Act
(FACA) (5 U.S.C. App. C) and related regulations. Generally, Council,
CASAC and SAB meetings are announced in the Federal Register, conducted
in public view, and provide opportunities for public input during
deliberations. Additional information about these Federal Advisory
Committees may be found at http://www.epa.gov/advisorycouncilcaa,
http://www.epa.gov/casac and http://www.epa.gov/sab.
ANNOUNCEMENT 4
Subject: WILDLIFE - FR. DOI/Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Final Rule To Identify the Western Great Lakes Populations of Gray Wolves as a Distinct Population Segment and To Revise the List of Endangered and Threatened Wildlife
[Federal Register: April 2, 2009 (Volume 74, Number 62)]
[Rules and Regulations]
[Page 15069-15123]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R3-ES-2008-0120; 92220-1113-000; ABC Code: C6]
RIN 1018-AW41
Endangered and Threatened Wildlife and Plants; Final Rule To
Identify the Western Great Lakes Populations of Gray Wolves as a
Distinct Population Segment and To Revise the List of Endangered and
Threatened Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service or USFWS)
identify the Western Great Lakes (WGL) Distinct Population Segment
(DPS) of the gray wolf (Canis lupus). The geographic extent of this DPS
includes all of Minnesota, Wisconsin, and Michigan; the eastern half of
North Dakota and South Dakota; the northern half of Iowa; the northern
portions of Illinois and Indiana; and the northwestern portion of Ohio.
We also revise the List of Endangered and Threatened Wildlife
established under the Endangered Species Act of 1973, as amended (Act)
by removing gray wolves within the WGL DPS. We are taking these actions
because available data indicate that this DPS no longer meets the
definitions of threatened or endangered under the Act. The threats have
been reduced or eliminated, as evidenced by a population that is stable
or increasing in Minnesota, Wisconsin, and Michigan, and greatly
exceeds the numerical recovery criteria established in its recovery
plan. Completed State wolf management plans will provide adequate
protection and management of the WGL DPS after this revision of the
listing. This final rule removes this DPS from the lists of Threatened
and Endangered Wildlife, removes the currently designated critical
habitat for the gray wolf in Minnesota and Michigan, and removes the
current special regulations for gray wolves in Minnesota.
On April 16, 2007, three parties filed a lawsuit against the U.S.
Department of the Interior (Department) and the Service, challenging
the Service's February 8, 2007 (72 FR 6052), identification and
delisting of the WGL DPS. On September 29, 2008, the U.S. District
Court for the District of Columbia ruled in favor of the plaintiffs
(Humane Society of the United States v. Kempthorne, No. 1:07-CV-00677
(D.D.C.). In that ruling the court vacated and remanded the Service's
application of the February 8, 2007 (72 FR 6052), final delisting rule
for the WGL DPS of the gray wolf. On remand, the Service was directed
to provide an explanation as to how simultaneously identifying and
delisting a DPS is consistent with the Act's text, structure, policy
objectives, legislative history, and any relevant judicial
interpretations. This final rule addresses the September 29, 2008,
court ruling.
DATES: This rule becomes effective on May 4, 2009.
ADDRESSES: The complete file for this rule is available for inspection,
by appointment, during normal business hours at our Midwest Regional
Office: U.S. Fish and Wildlife Service, Federal Building, 1 Federal
Drive, Ft. Snelling, Minnesota 55111-4056. Call 612-713-5350 to make
arrangements. The comments and materials we received during the comment
period on the proposed rule also are available for public inspection
and by appointment during normal business hours at this Regional Office
and at our Ecological Services Field Offices in Bloomington, Minnesota
(612-725-3548); New Frankin, Wisconsin (920-866-1717); and East
Lansing, Michigan (517-351-2555). Call those offices to make
arrangements.
FOR FURTHER INFORMATION CONTACT: Laura Ragan, 612-713-5350. Direct all
questions or requests for additional information to: GRAY WOLF
QUESTIONS, U.S. Fish and Wildlife Service, Federal Building, 1 Federal
Drive, Ft. Snelling, Minnesota 55111-4056. Additional information is
also available on our World Wide Web site at http://www.fws.gov/
midwest/wolf. Individuals who are hearing-impaired or speech-impaired
may call the Federal Relay Service at 1-800-877-8337 for TTY
assistance.
[Rules and Regulations]
[Page 15069-15123]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R3-ES-2008-0120; 92220-1113-000; ABC Code: C6]
RIN 1018-AW41
Endangered and Threatened Wildlife and Plants; Final Rule To
Identify the Western Great Lakes Populations of Gray Wolves as a
Distinct Population Segment and To Revise the List of Endangered and
Threatened Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service or USFWS)
identify the Western Great Lakes (WGL) Distinct Population Segment
(DPS) of the gray wolf (Canis lupus). The geographic extent of this DPS
includes all of Minnesota, Wisconsin, and Michigan; the eastern half of
North Dakota and South Dakota; the northern half of Iowa; the northern
portions of Illinois and Indiana; and the northwestern portion of Ohio.
We also revise the List of Endangered and Threatened Wildlife
established under the Endangered Species Act of 1973, as amended (Act)
by removing gray wolves within the WGL DPS. We are taking these actions
because available data indicate that this DPS no longer meets the
definitions of threatened or endangered under the Act. The threats have
been reduced or eliminated, as evidenced by a population that is stable
or increasing in Minnesota, Wisconsin, and Michigan, and greatly
exceeds the numerical recovery criteria established in its recovery
plan. Completed State wolf management plans will provide adequate
protection and management of the WGL DPS after this revision of the
listing. This final rule removes this DPS from the lists of Threatened
and Endangered Wildlife, removes the currently designated critical
habitat for the gray wolf in Minnesota and Michigan, and removes the
current special regulations for gray wolves in Minnesota.
On April 16, 2007, three parties filed a lawsuit against the U.S.
Department of the Interior (Department) and the Service, challenging
the Service's February 8, 2007 (72 FR 6052), identification and
delisting of the WGL DPS. On September 29, 2008, the U.S. District
Court for the District of Columbia ruled in favor of the plaintiffs
(Humane Society of the United States v. Kempthorne, No. 1:07-CV-00677
(D.D.C.). In that ruling the court vacated and remanded the Service's
application of the February 8, 2007 (72 FR 6052), final delisting rule
for the WGL DPS of the gray wolf. On remand, the Service was directed
to provide an explanation as to how simultaneously identifying and
delisting a DPS is consistent with the Act's text, structure, policy
objectives, legislative history, and any relevant judicial
interpretations. This final rule addresses the September 29, 2008,
court ruling.
DATES: This rule becomes effective on May 4, 2009.
ADDRESSES: The complete file for this rule is available for inspection,
by appointment, during normal business hours at our Midwest Regional
Office: U.S. Fish and Wildlife Service, Federal Building, 1 Federal
Drive, Ft. Snelling, Minnesota 55111-4056. Call 612-713-5350 to make
arrangements. The comments and materials we received during the comment
period on the proposed rule also are available for public inspection
and by appointment during normal business hours at this Regional Office
and at our Ecological Services Field Offices in Bloomington, Minnesota
(612-725-3548); New Frankin, Wisconsin (920-866-1717); and East
Lansing, Michigan (517-351-2555). Call those offices to make
arrangements.
FOR FURTHER INFORMATION CONTACT: Laura Ragan, 612-713-5350. Direct all
questions or requests for additional information to: GRAY WOLF
QUESTIONS, U.S. Fish and Wildlife Service, Federal Building, 1 Federal
Drive, Ft. Snelling, Minnesota 55111-4056. Additional information is
also available on our World Wide Web site at http://www.fws.gov/
midwest/wolf. Individuals who are hearing-impaired or speech-impaired
may call the Federal Relay Service at 1-800-877-8337 for TTY
assistance.
ANNOUNCEMENT 5
Subject: WILDLIFE - FR. DOI/Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Final Rule To Identify the Northern Rocky Mountain Population of Gray Wolf as a Distinct Population Segment and To Revise the List of Endangered and Threatened Wildlife
[Federal Register: April 2, 2009 (Volume 74, Number 62)]
[Rules and Regulations]
[Page 15123-15188]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R6-ES-2008-0008; 92220-1113-0000; ABC Code: C6]
RIN 1018-AW37
Endangered and Threatened Wildlife and Plants; Final Rule To
Identify the Northern Rocky Mountain Population of Gray Wolf as a
Distinct Population Segment and To Revise the List of Endangered and
Threatened Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Under the authority of the Endangered Species Act of 1973, as
amended (Act), we, the U.S. Fish and Wildlife Service (Service),
identify a distinct population segment (DPS) of the gray wolf (Canis
lupus) in the Northern Rocky Mountains (NRM) of the United States and
revise the List of Endangered and Threatened Wildlife by removing gray
wolves within NRM DPS boundaries, except in Wyoming. The NRM gray wolf
DPS encompasses the eastern one-third of Washington and Oregon, a small
part of north-central Utah, and all of Montana, Idaho, and Wyoming. Our
current estimate for 2008 indicates the NRM DPS contains approximately
1,639 wolves (491 in Montana; 846 in Idaho; 302 in Wyoming) in 95
breeding pairs (34 in Montana; 39 in Idaho; 22 in Wyoming). These
numbers are about 5 times higher than the minimum population recovery
goal and 3 times higher than the minimum breeding pair recovery goal.
The end of 2008 will mark the ninth consecutive year the population has
exceeded our numeric and distributional recovery goals.
The States of Montana and Idaho have adopted State laws, management
plans, and regulations that meet the requirements of the Act and will
conserve a recovered wolf population into the foreseeable future. In
our proposed rule (72 FR 6106, February 8, 2007), we noted that
removing the Act's protections in Wyoming was dependant upon the
State's wolf law (W.S. 11-6-302 et seq. and 23-1-101, et seq. in House
Bill 0213) and wolf management plan adequately conserving Wyoming's
portion of a recovered NRM wolf population. In light of the July 18,
2008, U.S. District Court order, we reexamined Wyoming law, its
management plans and implementing regulations, and now determine they
are not adequate regulatory mechanisms for the purposes of the Act.
We determine that the best scientific and commercial data available
demonstrates that (1) the NRM DPS is not threatened or endangered
throughout ``all'' of its range (i.e., not threatened or endangered
throughout all of the DPS); and (2) the Wyoming portion of the range
represents a significant portion of range where the species remains in
danger of extinction because of inadequate regulatory mechanisms. Thus,
this final rule removes the Act's protections throughout the NRM DPS
except for Wyoming. Wolves in Wyoming will continue to be regulated as
a non-essential, experimental population per 50 CFR 17.84(i) and (n).
DATES: This rule becomes effective on May 4, 2009.
ADDRESSES: This final rule is available on the Internet at http://
www.regulations.gov. Comments and materials received, as well as
supporting documentation used in preparation of this final rule, are
available for inspection, by appointment, during normal business hours,
at our Montana office, 585 Shepard Way, Helena, Montana 59601. Call
(406) 449-5225, extension 204 to make arrangements.
FOR FURTHER INFORMATION CONTACT: Edward E. Bangs, Western Gray Wolf
Recovery Coordinator, U.S. Fish and Wildlife Service, at our Helena
office (see ADDRESSES) or telephone (406) 449-5225, extension 204.
Individuals who are hearing-impaired or speech-impaired may call the
Federal Relay Service at 1-800-877-8337 for TTY assistance.
[Rules and Regulations]
[Page 15123-15188]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R6-ES-2008-0008; 92220-1113-0000; ABC Code: C6]
RIN 1018-AW37
Endangered and Threatened Wildlife and Plants; Final Rule To
Identify the Northern Rocky Mountain Population of Gray Wolf as a
Distinct Population Segment and To Revise the List of Endangered and
Threatened Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Under the authority of the Endangered Species Act of 1973, as
amended (Act), we, the U.S. Fish and Wildlife Service (Service),
identify a distinct population segment (DPS) of the gray wolf (Canis
lupus) in the Northern Rocky Mountains (NRM) of the United States and
revise the List of Endangered and Threatened Wildlife by removing gray
wolves within NRM DPS boundaries, except in Wyoming. The NRM gray wolf
DPS encompasses the eastern one-third of Washington and Oregon, a small
part of north-central Utah, and all of Montana, Idaho, and Wyoming. Our
current estimate for 2008 indicates the NRM DPS contains approximately
1,639 wolves (491 in Montana; 846 in Idaho; 302 in Wyoming) in 95
breeding pairs (34 in Montana; 39 in Idaho; 22 in Wyoming). These
numbers are about 5 times higher than the minimum population recovery
goal and 3 times higher than the minimum breeding pair recovery goal.
The end of 2008 will mark the ninth consecutive year the population has
exceeded our numeric and distributional recovery goals.
The States of Montana and Idaho have adopted State laws, management
plans, and regulations that meet the requirements of the Act and will
conserve a recovered wolf population into the foreseeable future. In
our proposed rule (72 FR 6106, February 8, 2007), we noted that
removing the Act's protections in Wyoming was dependant upon the
State's wolf law (W.S. 11-6-302 et seq. and 23-1-101, et seq. in House
Bill 0213) and wolf management plan adequately conserving Wyoming's
portion of a recovered NRM wolf population. In light of the July 18,
2008, U.S. District Court order, we reexamined Wyoming law, its
management plans and implementing regulations, and now determine they
are not adequate regulatory mechanisms for the purposes of the Act.
We determine that the best scientific and commercial data available
demonstrates that (1) the NRM DPS is not threatened or endangered
throughout ``all'' of its range (i.e., not threatened or endangered
throughout all of the DPS); and (2) the Wyoming portion of the range
represents a significant portion of range where the species remains in
danger of extinction because of inadequate regulatory mechanisms. Thus,
this final rule removes the Act's protections throughout the NRM DPS
except for Wyoming. Wolves in Wyoming will continue to be regulated as
a non-essential, experimental population per 50 CFR 17.84(i) and (n).
DATES: This rule becomes effective on May 4, 2009.
ADDRESSES: This final rule is available on the Internet at http://
www.regulations.gov. Comments and materials received, as well as
supporting documentation used in preparation of this final rule, are
available for inspection, by appointment, during normal business hours,
at our Montana office, 585 Shepard Way, Helena, Montana 59601. Call
(406) 449-5225, extension 204 to make arrangements.
FOR FURTHER INFORMATION CONTACT: Edward E. Bangs, Western Gray Wolf
Recovery Coordinator, U.S. Fish and Wildlife Service, at our Helena
office (see ADDRESSES) or telephone (406) 449-5225, extension 204.
Individuals who are hearing-impaired or speech-impaired may call the
Federal Relay Service at 1-800-877-8337 for TTY assistance.
ANNOUNCEMENT 6
Subject: WILDLIFE - NM. DOI/Fish and Wildlife Service. Aquatic Nuisance Species Task Force Meeting
[Federal Register: April 2, 2009 (Volume 74, Number 62)]
[Notices]
[Page 14995]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R9-FHC-2009-N0049; 94240-1341-9BIS-N5]
Aquatic Nuisance Species Task Force Meeting
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of meeting.
-----------------------------------------------------------------------
SUMMARY: This notice announces a meeting of the Aquatic Nuisance
Species (ANS) Task Force. The meeting is open to the public. The
meeting topics are identified in the SUPPLEMENTARY INFORMATION section.
DATES: The ANS Task Force will meet from 8 a.m. to 5 p.m. on Tuesday,
May 19 through Thursday, May 21, 2009.
ADDRESSES: The ANS Task Force meeting will take place at the Holiday
Inn--Bozeman, 5 Baxter Lane, Bozeman, MT 59715 (406-587-4561). You may
inspect minutes of the meeting at the office of the Chief, Division of
Fisheries and Aquatic Resource Conservation, U.S. Fish and Wildlife
Service, 4401 North Fairfax Drive, Arlington, VA 22203, during regular
business hours, Monday through Friday. You may also view the minutes on
the ANS Task Force Web site at: http://anstaskforce.gov/meetings.php.
FOR FURTHER INFORMATION CONTACT: Susan Mangin, ANS Task Force,
Executive Secretary, at (703) 358-2466, or by e-mail at Susan_
Mangin@fws.gov.
[Notices]
[Page 14995]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R9-FHC-2009-N0049; 94240-1341-9BIS-N5]
Aquatic Nuisance Species Task Force Meeting
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of meeting.
-----------------------------------------------------------------------
SUMMARY: This notice announces a meeting of the Aquatic Nuisance
Species (ANS) Task Force. The meeting is open to the public. The
meeting topics are identified in the SUPPLEMENTARY INFORMATION section.
DATES: The ANS Task Force will meet from 8 a.m. to 5 p.m. on Tuesday,
May 19 through Thursday, May 21, 2009.
ADDRESSES: The ANS Task Force meeting will take place at the Holiday
Inn--Bozeman, 5 Baxter Lane, Bozeman, MT 59715 (406-587-4561). You may
inspect minutes of the meeting at the office of the Chief, Division of
Fisheries and Aquatic Resource Conservation, U.S. Fish and Wildlife
Service, 4401 North Fairfax Drive, Arlington, VA 22203, during regular
business hours, Monday through Friday. You may also view the minutes on
the ANS Task Force Web site at: http://anstaskforce.gov/meetings.php.
FOR FURTHER INFORMATION CONTACT: Susan Mangin, ANS Task Force,
Executive Secretary, at (703) 358-2466, or by e-mail at Susan_
Mangin@fws.gov.
ANNOUNCEMENT 7
Subject: ENERGY, LAND - ROD/Correction. USDA/Forest Service. Notice of Availability (NOA) Record of Decision (ROD) for the Designation of Energy Corridors on Federal Land in the 11 Western States, Including Proposed Amendments to Selected Land Management Plans
[Federal Register: April 2, 2009 (Volume 74, Number 62)]
[Notices]
[Page 14953]
DEPARTMENT OF AGRICULTURE
Forest Service
Notice of Availability (NOA) Record of Decision (ROD) for the
Designation of Energy Corridors on Federal Land in the 11 Western
States, Including Proposed Amendments to Selected Land Management Plans
AGENCY: Forest Service, USDA.
ACTION: Notice; correction.
-----------------------------------------------------------------------
SUMMARY: The Forest Service published a Notice of Availability Record
of Decision in the Federal Register of March 24, 2009. The document
contained an incorrect Internet address.
FOR FURTHER INFORMATION CONTACT: Glen Parker, Realty Specialist, Lands,
202-205-1196 or Ron Pugh, Planning Specialist, Ecosystem Management
Coordination, 202-205-0992. USDA Forest Service, L; (Glen Parker); 1400
Independence Ave., SW., Mailstop Code: 1124; Washington, DC 20050-1124.
Correction
In the Federal Register of March 24, 2009, (73 FR 12306), on page
12307, in the ADDRESSES section, correct the Internet address to read:
ADDRESSES: The ROD is available on the Internet at http://
www.corridoreis.anl.gov. Printed copies will be available at one of the
involved National Forest supervisor or district ranger offices in the
10 Western States.
[Notices]
[Page 14953]
DEPARTMENT OF AGRICULTURE
Forest Service
Notice of Availability (NOA) Record of Decision (ROD) for the
Designation of Energy Corridors on Federal Land in the 11 Western
States, Including Proposed Amendments to Selected Land Management Plans
AGENCY: Forest Service, USDA.
ACTION: Notice; correction.
-----------------------------------------------------------------------
SUMMARY: The Forest Service published a Notice of Availability Record
of Decision in the Federal Register of March 24, 2009. The document
contained an incorrect Internet address.
FOR FURTHER INFORMATION CONTACT: Glen Parker, Realty Specialist, Lands,
202-205-1196 or Ron Pugh, Planning Specialist, Ecosystem Management
Coordination, 202-205-0992. USDA Forest Service, L; (Glen Parker); 1400
Independence Ave., SW., Mailstop Code: 1124; Washington, DC 20050-1124.
Correction
In the Federal Register of March 24, 2009, (73 FR 12306), on page
12307, in the ADDRESSES section, correct the Internet address to read:
ADDRESSES: The ROD is available on the Internet at http://
www.corridoreis.anl.gov. Printed copies will be available at one of the
involved National Forest supervisor or district ranger offices in the
10 Western States.
