Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Proposed Rules 9529 

605(b), the Board certifies that the 

regulations proposed herein would not 

have a significant economic impact on 

a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act. A copy of this decision 

will be served upon the Chief Counsel 

for Advocacy, Office of Advocacy, U.S. 

Small Business Administration, 

Washington, DC 20416. 

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. This rulemaking will 

affect the following subjects: 

List of Subjects in 49 CFR Part 1002 

Administrative practice and 

procedure, Common carriers, Freedom 

of information. 

Decided: February 14, 2011. 

By the Board, Chairman Elliott, Vice 

Chairman Nottingham, and Commissioner 

Mulvey. 

Jeffrey Herzig, 

Clearance Clerk. 

Code of Federal Regulations 

For reasons set forth in the preamble, 

the Surface Transportation Board 

proposes to amend part 1002 of title 49, 

chapter X of the Code of Federal 

Regulations as follows: 

PART 1002—FEES 

1. The authority citation for part 1002 

continues to read as follows: 

Authority: 5 U.S.C. 552(a)(4)(A) and § 553; 

31 U.S.C. 9701 and 49 U.S.C. 721(a). Section 

1002.1(g)(11) also issued under 5 U.S.C. 5514 

and 31 U.S.C. 3717. 

2. In § 1002.2, revise paragraph 

(f)(56)(iv) to read as follows: 

§ 1002.2 Filing fees. 

* * * * * 

(f) * * * 

Type of proceeding Fee 

*******

PART V: Formal Proceedings 

*******

(56) * * * 

(iv) All other formal complaints (except competitive access complaints) ........................................................................................ $350 

*******

* * * * * 

[FR Doc. 2011–3716 Filed 2–17–11; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 22 

[FWS–R9–MB–2011–N018; 91200–1231– 

9BPP] 

RIN 1018–AX53 

Migratory Birds; Draft Eagle 

Conservation Plan Guidance 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

availability for public comment of draft 

Eagle Conservation Plan Guidance. The 

Guidance provides recommendations 

for agency staff and developers to use an 

iterative process to avoid and minimize 

negative effects on eagles and their 

habitats resulting from the construction, 

operation and maintenance of landbased, wind energy facilities in the 

United States. 

DATES: We must receive any comments 

or suggestions by the end of the day on 

May 19, 2011. 

ADDRESSES: We have posted our draft 

Eagle Conservation Plan Guidance at 

http://www.fws.gov/windenergy. You 

may submit e-mail comments to 

windenergy@fws.gov. Please include 

‘‘Eagle Conservation Plan Guidance 

Comments’’ in the subject line of the 

message, and your full name and return 

address in the body of your message. 

Please note that the e-mail address will 

be closed when the public comment 

period closes. Alternatively, you may 

submit comments or recommendations 

by mail to: Attention: Eagle 

Conservation Plan Guidance; Division of 

Migratory Bird Management; U.S. Fish 

and Wildlife Service; 4401 North Fairfax 

Drive, Mail Stop 4107; Arlington, VA 

22203–1610. 

FOR FURTHER INFORMATION CONTACT: 

Jerome Ford, 703–358–2583. 

SUPPLEMENTARY INFORMATION: The 

Service is charged with implementing 

statutes including the Bald and Golden 

Eagle Protection Act (BGEPA), the 

Migratory Bird Treaty Act, and the 

Endangered Species Act. BGEPA 

prohibits all take of eagles unless 

otherwise authorized by the Service. A 

goal of BGEPA is to achieve and 

maintain stable or increasing 

populations of bald and golden eagles. 

The draft Eagle Conservation Plan 

Guidance (draft Guidance) interprets 

and clarifies the permit requirements in 

the regulations at 50 Code of Federal 

Regulations (CFR) 22.26 and 22.27, and 

does not impose any binding 

requirements beyond those specified in 

the regulations. The draft Guidance 

provides a means of compliance with 

BGEPA by providing recommendations 

for: 

(1) Conducting early pre-construction 

assessments to identify important eagle 

use areas; 

(2) Avoiding, minimizing, and/or 

compensating for potential adverse 

effects to eagles; and, 

(3) Monitoring for impacts to eagles 

during construction and operation. 

The draft Guidance calls for 

scientifically rigorous surveys, 

monitoring, risk assessment, and 

research designs proportionate to the 

risk to eagles. The draft Guidance 

describes a process by which wind 

energy developers can collect and 

analyze information that could lead to a 

programmatic permit to authorize 

unintentional take of eagles at wind 

energy facilities. The process described 

here is not required, but project 

proponents should coordinate closely 

with the Service concerning alternatives 

to insure that eagle conservation plans 

conform with requirements of BGEPA. 

The Service will initiate a peer review 

of the draft Guidance during the public 

comment period. 

The development of facilities to 

generate electricity from wind turbines 

has increased dramatically in the range 

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9530 Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Proposed Rules 

of the golden eagle in the western 

United States. Golden eagles are 

vulnerable to collisions with wind 

turbines. Because of this risk, many of 

the current and planned wind facilities 

require permits under the Bald and 

Golden Eagle Protection Act to legally 

authorize any take of eagles that may 

occur. We are soliciting comments and 

recommendations on our draft Eagle 

Conservation Plan Guidance. 

We request comments and suggestions 

on the Guidance. We anticipate 

preparing further guidance to address 

incidental eagle takes under other 

circumstances. Explaining the reasons 

and rationale for your comments where 

appropriate will help as we consider 

them. 

We will take into consideration the 

relevant comments, suggestions, or 

objections that we receive by the 

comment due date indicated above in 

the DATES section. These comments, 

suggestions, or objections, and any 

additional information received may 

lead us to adopt a final guidance that 

differs from this guidance. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

You can ask us in your comment to 

withhold your personal identifying 

information from public review, but we 

cannot guarantee that we will be able to 

do so. 

As published elsewhere in today’s 

Federal Register, the Service is 

simultaneously soliciting comments on 

the draft Land-based Wind Energy 

Guidelines. 

Authority: The authorities for this notice 

are the Migratory Bird Treaty Act, 40 Stat. 

755 (16 U.S.C. 703–712); Pub. L. 95–616, 92 

Stat. 3112 (16 U.S.C. 712(2)); Pub. L. 106– 

108, 113 Stat. 1491, Note Following 16 U.S.C. 

703; the Bald and Golden Eagle Protection 

Act (16 U.S.C. 668a–d), 704, 712, 742j–1, 

1374(g), 1382, 1538(d), 1539, 1540(f), 3374, 

4901–4916; 18 U.S.C. 42; 19 U.S.C. 1202; and 

31 U.S.C. 9701. 

Dated: January 31, 2011. 

Rowan Gould, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2011–3700 Filed 2–17–11; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 101124579–1088–01] 

RIN 0648–BA51 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern 

Atlantic States; Red Snapper 

Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS issues this proposed 

rule that would implement a regulatory 

amendment (Regulatory Amendment 

10) to the Fishery Management Plan for 

the Snapper-Grouper Fishery of the 

South Atlantic Region (FMP), as 

prepared by the South Atlantic Fishery 

Management Council (Council). This 

proposed rule would remove the 

snapper-grouper area closure 

implemented through Amendment 17A 

to the FMP. The intended effect of this 

proposed rule is to help achieve 

optimum yield (OY) for the fishery and 

minimize socio-economic impacts to 

snapper-grouper fishermen, without 

increasing the risk of the red snapper 

resource experiencing overfishing. 

DATES: Written comments must be 

received on or before March 21, 2011. 

ADDRESSES: You may submit comments 

on the proposed rule identified by 

0648–BA51 by any of the following 

methods: 

• Electronic submissions: Submit 

electronic comments via the Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Rick DeVictor, Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

To submit comments through the 

Federal e-rulemaking portal: http:// 

www.regulations.gov, enter ‘‘NOAA– 

NMFS–2010–0249’’ in the keyword 

search, then check the box labeled 

‘‘Select to find documents accepting 

comments or submissions’’, then select 

‘‘Send a comment or submission’’. 

NMFS will accept anonymous 

comments (enter N/A in the required 

field if you wish to remain anonymous). 

You may submit attachments to 

electronic comments in Microsoft Word, 

Excel, WordPerfect, or Adobe PDF file 

formats only. 

Comments received through means 

not specified in this rule will not be 

considered. 

Copies of the regulatory amendment, 

which includes an environmental 

assessment and a regulatory impact 

review, may be obtained from the South 

Atlantic Fishery Management Council, 

4055 Faber Place Drive, Suite 201, North 

Charleston, SC 29405; telephone 843– 

571–4366; fax 843–769–4520; e-mail 

safmc@safmc.net; or may be 

downloaded from the Council’s Web 

site at http://www.safmc.net/. 

FOR FURTHER INFORMATION CONTACT: Rick 

DeVictor, 727–824–5305. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic is managed under the FMP. The 

FMP was prepared by the Council and 

is implemented through regulations at 

50 CFR part 622 under the authority of 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

Background 

The Magnuson-Stevens Act requires 

NMFS and regional fishery management 

councils to prevent overfishing and 

achieve, on a continuing basis, the OY 

from Federally managed fish stocks. 

These mandates are intended to ensure 

fishery resources are managed for the 

greatest overall benefit to the nation, 

particularly with respect to providing 

food production and recreational 

opportunities, and protecting marine 

ecosystems. To further this goal, the 

Magnuson-Stevens Act requires fishery 

managers to end overfishing of stocks 

while achieving OY from the fishery, 

and to minimize bycatch and bycatch 

mortality to the extent practicable. 

In the South Atlantic, the red snapper 

stock is currently overfished and 

undergoing overfishing. The stock status 

was determined through a Southeast 

Data Assessment and Review (SEDAR) 

benchmark stock assessment for red 

snapper, SEDAR 15, which was 

completed in February 2008. Based on 

this stock assessment, Amendment 17A 

to the FMP was developed to end the 

overfishing of red snapper and rebuild 

the stock. The final rule to implement 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS