Federal Register / Vol. 74, No. 160 / Thursday, August 20, 2009 / Notices 42111 

60 acres of desert tortoise habitat, the 

Applicant proposes to: (1) Survey for 

and remove all tortoises from the project 

site prior to surface disturbing activities; 

(2) install a temporary fence during 

construction activities to ensure 

tortoises do not gain access to the 

project site and wander into harm’s 

way; (3) ensure trash and food items are 

disposed of properly to avoid attracting 

predators; (4) present a desert tortoise 

awareness program to all construction 

workers on the site; and (5) provide 

funding in the amount of $550 per acre 

of habitat disturbed to the Desert 

Tortoise Conservation Center in Clark 

County, Nevada, to support 

development and implementation of 

conservation and recovery actions for 

the tortoise under the guidance of the 

Service’s Desert Tortoise Recovery 

Office in Reno, Nevada. 

Approval of the HCP may qualify as 

a categorical exclusion under NEPA, as 

provided by the Departmental Manual 

(516 DM 2 Appendix 1 and 516 DM 8) 

and as a ‘‘low-effect’’ plan as defined in 

the Habitat Conservation Planning 

Handbook (Service, November, 1996). 

Determination of low-effect HCPs is 

based upon the plan having: Minor or 

negligible effects on federally listed, 

proposed, or candidate species and their 

habitats; minor or negligible effects on 

other environmental values or 

resources; and impacts that, considered 

together with the impacts of other past, 

present, and reasonably foreseeable 

similarly situated projects, would not 

result, over time, in cumulative effects 

to the environmental values or resources 

which would be considered significant. 

If it is found to qualify as a low-effect 

HCP, further NEPA documentation 

would not be required. 

Public Review and Comment 

If you wish to comment on the permit 

application, draft EAS, or proposed 

HCP, you may submit your comments to 

the address listed in the ADDRESSES

section of this document. We will 

evaluate this permit application, 

associated documents, and comments 

we receive to determine whether the 

permit application meets the 

requirements of section 10(a) of the Act 

and NEPA regulations. 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. While 

you can ask us in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. If we determine that the 

requirements are met, we will issue an 

incidental take permit under section 

10(a)(1)(B) of the Act to the Applicant 

for take of the desert tortoise, incidental 

to otherwise lawful activities in 

accordance with the terms of the permit. 

We will not make our final decision 

until after the end of the 30-day 

comment period and will fully consider 

all comments we receive during the 

comment period. 

Authority 

We provide this notice under section 

10(c) of the Act and NEPA 

implementing regulations at 40 CFR 

1506.6. 

Dated: August 14, 2009. 

Robert D. Williams, 

State Supervisor, Nevada Fish and Wildlife 

Office, Reno, Nevada. 

[FR Doc. E9–20053 Filed 8–19–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree; 

Pursuant to the Clean Water Act and 

Comprehensive Environmental 

Response Compensation and Liability 

Act 

Notice is hereby given that on August 

14, 2009, a proposed Consent Decree in 

United States v. Magellan Ammonia 

Pipeline et al., (D. Kan.), No. 02:09–cv– 

2425, was lodged with the United States 

Court for the District of Kansas. 

In this action, the United States 

sought the penalties and injunctive 

relief pursuant to sections 301 and 311 

of the Clean Water Act, 33 U.S.C. 1311, 

1321, and section 103 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act, 42 U.S.C. § 9603, against Magellan 

Ammonia Pipeline, L.P. (‘‘Magellan’’), 

Enterprise Products Operating, L.P. 

(‘‘Enterprise’’), and Mid-America 

Pipeline Company, LLC (‘‘MAPCO’’). 

The Complaint alleges that two 

discharges of anhydrous ammonia 

occurred in Blair Nebraska on 

September 27, 2004, and Kingman, 

Kansas on October 27, 2004, from an 

ammonia pipeline owned by Defendant 

Magellan and operated by Defendants 

Enterprise and MAPCO and that 

Defendants failed to report the 

discharges in a timely fashion to the 

National Response Center. 

Pursuant to the proposed Consent 

Decree, the Settling Defendants will pay 

to the United States $3,650,000 in 

penalties for the discharges and 

reporting inadequacies. Defendant 

Magellan, which now both owns and 

operates the ammonia pipeline, will 

undertake injunctive measures aimed at 

reducing the likelihood of such 

discharges in the future and at 

improving its detection of and response 

to such discharges if they do occur. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Magellan Ammonia Pipeline et 

al., (D. Kan.) No. 02:09–cv–2425, D.J. 

Ref. 90–5–1–1–06074/2. 

During the public comment period, 

the Consent Decree may be examined at 

the Office of the United States Attorney, 

District of Kansas, 500 State Avenue, 

Suite 360, Kansas City, Kansas 66101. 

The Consent Decree may also be 

examined on the following Department 

of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Consent Decree may also be obtained by 

mail from the Consent Decree Library, 

P.O. Box 7611, U.S. Department of 

Justice, Washington, DC 20044–7611 or 

by faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $9.50 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury. 

Maureen Katz, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. E9–19996 Filed 8–19–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Federal Bureau of Investigation 

[OMB Number 1110–0021] 

Training Division; FBI National 

Academy Level III Evaluation; 

Proposed Collection, Comments 

Requested 

ACTION: 30–Day Notice of Information 

Collection Under Review: Approval for 

a reinstated collection; FBI National 

Academy Post-Course Questionnaire for 

Graduates; FBI National Academy PostVerDate Nov<24>2008 16:07 Aug 19, 2009 Jkt 217001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\20AUN1.SGM 20AUN1

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