43092 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Proposed Rules 

List of Subjects in 49 CFR Part 1503 

Administrative practice and 

procedure, Investigations, Law 

enforcement, Penalties, Transportation. 

The Proposed Amendments 

For the reasons set forth in the 

preamble, the Transportation Security 

Administration proposes to amend part 

1503 in chapter XII of title 49, Code of 

Federal Regulations as follows: 

PART 1503—INVESTIGATIVE AND 

ENFORCEMENT PROCEDURES 

1. The authority citation for part 1503 

is revised to read as follows: 

Authority: 6 U.S.C. 1142; 18 U.S.C. 6002; 

28 U.S.C. 2461 (note); 49 U.S.C. 114, 20109, 

31105, 40113–40114, 40119, 44901–44907, 

46101–46107, 46109–46110, 46301, 46305, 

46311, 46313–46314. 

2. Revise subpart A heading and 

§ 1503.1 to read as follows: 

Subpart A—Reports by the Public of 

Security Problems, Deficiencies, and 

Vulnerabilities 

§ 1503.1 Submission of reports to TSA. 

(a) Any person may report to TSA a 

problem, deficiency, or vulnerability 

regarding transportation security, 

including the security of aviation, 

maritime, railroad, motor carrier 

vehicle, or pipeline transportation, or 

any mode of public transportation, such 

as mass transit. Reports may be made to 

TSA at the following addresses: 

(1) U.S. mail at Transportation 

Security Administration, TSA HQ, 

TSA–XXX, 601 South 12th Street, 

Arlington, VA 20598–6002; 

(2) By e-mail at XXX.dhs.gov; or 

(3) By telephone at (XXX) XXX– 

XXXX. 

(b) If a report submitted under this 

section identifies the person making the 

report, TSA will respond promptly to 

such person and acknowledge receipt of 

the report. 

(c) TSA will review and consider the 

information provided in any report 

submitted under this section and take 

appropriate steps to address any 

problems, deficiencies, or 

vulnerabilities identified. 

(d) Nothing in this section relieves a 

person of a separate obligation to report 

information to TSA under another 

provision of this title, a security 

program, or a security directive, or to 

another Government agency under other 

law. 

Issued in Arlington, Virginia, on August 

20, 2009. 

Keith Kauffman, 

Acting Deputy Administrator. 

[FR Doc. E9–20551 Filed 8–25–09; 8:45 am] 

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DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R1–ES–2007–0004; MO 9221050083] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition To List the Black-Footed 

Albatross (Phoebastria nigripes) as 

Threatened or Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 90-day petition 

finding; reopening of the information 

solicitation period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the public information 

solicitation period on our October 9, 

2007, 90-day finding on a petition to list 

the black-footed albatross (Phoebastria 

nigripes) as threatened or endangered 

under the Endangered Species Act of 

1973, as amended (Act). This action will 

provide all interested parties with an 

additional opportunity to submit 

information and materials on the status 

of the black-footed albatross. 

Information previously submitted need 

not be resubmitted as it has already 

been incorporated into the public record 

and will be fully considered in the 12- 

month finding. 

DATES: We are reopening the public 

information solicitation period and 

request that we receive information on 

or before September 25, 2009. 

ADDRESSES: You may submit 

information by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: [FWS–R1– 

ES–2007–0004], Division of Policy and 

Directives Management, U.S. Fish and 

Wildlife Service, 4401 N. Fairfax Drive, 

Suite 222, Arlington, VA 22203. 

You should be aware that we will post 

all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Information Solicited section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: Gina 

Shultz, Deputy Field Supervisor, Pacific 

Islands Fish and Wildlife Office, 300 

Ala Moana Boulevard, Box 50088, Room 

3122, Honolulu, HI 96850 (telephone 

808–792–9400; facsimile 808–792– 

9581). If you use a telecommunications 

device for the deaf (TDD), please call the 

Federal Information Relay Service at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Information Solicited 

We are soliciting information during 

this reopened information solicitation 

period on the status of the black-footed 

albatross. We published a 90-day 

finding on a petition to list the blackfooted albatross as threatened or 

endangered in the Federal Register on 

October 9, 2007 (72 FR 57278). If you 

submitted information previously on the 

status of the black-footed albatross 

during the previous information 

solicitation period, please do not 

resubmit it. This information has been 

incorporated into the public record and 

will be fully considered in the 

preparation of the 12-month finding. 

You may submit your information and 

materials concerning the 90-day finding 

by one of the methods listed in the 

ADDRESSES section. Please be aware that 

if you submit information via http:// 

www.regulations.gov your entire 

submission—including any personal 

identifying information—will be posted 

on the Web site. If your submission is 

made via hardcopy that includes 

personal identifying information, you 

may request at the top of your document 

that we withhold this information from 

public review. However, we cannot 

guarantee that we will be able to do so. 

We will also post all hardcopy 

submissions on http:// 

www.regulations.gov. 

Information and materials we receive, 

as well as supporting documentation we 

used in preparing the 90-day finding for 

the black-footed albatross, will be 

available for public inspection on 

http://www.regulations.gov, or by 

appointment, during normal business 

hours, at the Service’s Pacific Islands 

Fish and Wildlife Office (see FOR

FURTHER INFORMATION CONTACT, above). 

Background 

On October 9, 2007, we published a 

90-day finding on a petition to list the 

black-footed albatross as threatened or 

endangered (72 FR 57278). In that 90- 

day finding, we found that the petition 

presented substantial scientific or 

commercial information indicating that 

listing the black-footed albatross may be 

warranted. We also initiated a status 

review to determine if listing the species 

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Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Proposed Rules 43093 

is warranted, and announced a 60-day 

public information solicitation period 

on the petition finding and status 

review, which ended on December 10, 

2007. 

We received two requests for an 

extension of the information solicitation 

period in order to allow agencies and 

interested persons the opportunity to 

provide additional information for our 

consideration during this status review. 

In particular, these requests were based 

on the anticipated publication of a 

formal status assessment of the blackfooted (and Laysan) albatross by the 

U.S. Geological Survey, Biological 

Resources Discipline (USGS–BRD). This 

status assessment is now available to the 

public for review (http://pubs.usgs.gov/ 

sir/2009/5131/). The USGS–BRD Status 

Assessment of Laysan and Black-footed 

Albatrosses provides a synthesis and 

review of all existing data and other 

information about the species, including 

an assessment of fishery-related 

mortality and statistical models of the 

population status and trajectory. This 

assessment, along with other 

information provided by the public and 

reviewers on the 90-day petition 

finding, will be an important source of 

information for the status review and 

12-month finding on the black-footed 

albatross. 

It is important to note that the 

standard for ‘‘substantial information’’ 

indicating that the petitioned action 

may be warranted for a 90-day finding 

is in contrast to the 12-month finding 

that determines whether a petitioned 

action is warranted. A 90-day finding is 

not a status assessment of the species 

and does not constitute a status review 

under the Act. Our final determination 

as to whether a petitioned action is 

warranted is not made until we have 

completed a thorough status review of 

the species, which is conducted 

following a positive 90-day finding. 

Because the Act’s standards for 90-day 

and 12-month findings are different, as 

described above, a positive 90-day 

finding does not mean that the 12- 

month finding also will be positive. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: August 17, 2009. 

Dan Ashe, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. E9–20604 Filed 8–25–09; 8:45 am] 

BILLING CODE 4310–55–P 

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