Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Notices 48555 

Service’s Endangered Species Web site 

at http://www.fws.gov/endangered/ 

recovery/index.html. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Robyn Niver, U.S. Fish and Wildlife 

Service, at the above address or by 

telephone at 607–753–9334. 

SUPPLEMENTARY INFORMATION:

Background 

Restoring an endangered or 

threatened animal or plant to the point 

where it is again a secure, selfsustaining member of its ecosystem is a 

primary goal of the Service’s 

endangered species program. To help 

guide the recovery effort, the Service is 

working to prepare recovery plans for 

most of the Federally listed species 

native to the United States. Recovery 

plans describe actions necessary for the 

conservation of the species, establish 

criteria which, when met, would result 

in a determination that the species no 

longer needs the protection of the 

Endangered Species Act of 1973, as 

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

and provide estimates of the time and 

cost for implementing the needed 

recovery measures. 

The Act requires recovery plans for 

listed species unless such a plan would 

not promote the conservation of a 

particular species. Section 4(f) of the 

Act, as amended in 1988, requires that 

public notice and opportunity for public 

review and comment be provided 

during recovery plan development. A 

final rule listing the Chittenango ovate 

amber snail (Novisuccinea 

chittenangoensis) as threatened was 

published in the Federal Register on 

July 3, 1978 (43 FR 28932), and became 

effective on August 2, 1978. The initial 

recovery plan for the species was 

completed in March 1983 (Riexinger, P., 

J. Proud, T. Lyons, and D. Sulitka. 1983. 

Chittenango ovate amber snail recovery 

plan. Region 5, U.S. Fish and Wildlife 

Service Report, in cooperation with the 

Chittenango Ovate Amber Recovery 

Team. March 24, 1983). A draft recovery 

plan revision was prepared and issued 

for the species in 2003. 

Issuance of the draft revised plan 

included a notice of availability and 

opportunity for public comment (68 FR 

68102, December 5, 2003) and other 

public notification efforts. Pertinent 

information received by the Service 

during the public comment period has 

been considered in preparation of the 

final revised recovery plan and is 

summarized in an appendix to the plan. 

This information will also be taken into 

account in the course of implementing 

recovery actions. In addition, new 

information on population status and 

genetics that has become available since 

publication of the draft in 2003 has 

informed the final plan with a better 

understanding of the snail’s distribution 

within its sole population, and has 

alleviated concerns about possible 

hybridization between Novisuccinea 

chittenangoensis and an introduced 

snail occupying the same habitat. The 

new information has resulted in only a 

slight shift in the recovery strategy for 

this species, which continues to be 

highly imperiled. 

Since its discovery in 1905, only one 

extant N. chittenangoensis colony has 

been verified, from a site within the 

Chittenango Falls State Park in Madison 

County, New York. The Chittenango 

ovate amber snail is a terrestrial species 

that requires the cool, mild-temperature, 

moist conditions provided by the 

waterfalls and mist in its environment. 

Its habitat lies within a ravine at the 

base of a 167-foot waterfall, and the 

ledges where it is found comprise an 

early successional sere that is 

periodically rejuvenated to a bare 

substrate by floodwaters. The species 

requires a substrate rich in calcium 

carbonate and appears to prefer green 

vegetation such as the various mosses, 

liverworts, and other low herbaceous 

vegetation found within the spray zone 

adjacent to the falls. Clean water may be 

necessary to maintain essential habitat, 

although water quality may have only 

an indirect effect on the snail. 

The Chittenango ovate amber snail 

was listed due to its rarity and 

population decline. Since listing, 

habitat protection and captive 

propagation measures have been 

implemented. Unfortunately, the 

captive propagation efforts to date have 

been unsuccessful, and the species’

status remains exceedingly precarious. 

The primary continuing threats to the 

snail are its small population size and 

limited distribution as well as an 

undefined negative interaction with an 

introduced snail, Succinea sp. B. 

Additionally, potential threats persist 

from habitat changes and inadvertent 

human disturbance. 

The final revised recovery plan 

includes updated scientific information 

about the Chittenango ovate amber snail 

and identifies research and management 

actions needed to conserve and recover 

species within its ecosystem. The 

recovery goal for the snail is to achieve 

long-term viability of the species in the 

wild, thereby allowing it to be taken off 

the Federal List of Endangered and 

Threatened Wildlife. The initial 

recovery objective is to stabilize the 

extant population at Chittenango Falls. 

Two necessary conditions for 

stabilization are maintaining (or 

increasing) the baseline population size 

of the natural colony and maintaining 

multiple captive populations of N. 

chittenangoensis. Achievement of the 

first condition will entail habitat 

management planning and research into 

the species’ biological requirements and 

possible means of controlling the 

competing Succinea sp. B. In addition to 

securing the in situ conditions 

necessary to stabilize the natural 

population, captive propagation should 

be reinitiated in accordance with a 

newly established propagation protocol 

to safeguard against extinction of this 

species. 

If and when stabilization of the extant 

N. chittenangoensis population at 

Chittenango Falls has been achieved, 

progress toward full recovery of the 

species can commence. This will 

include augmentation of the population 

at the Falls, searching for other possible 

extant populations, long-term 

maintenance of captive populations, 

and investigating the feasibility of 

initiating a population of N. 

chittenangoensis at an alternative 

location. The plan includes criteria for 

determining when the objectives of 

stabilization and full recovery have been 

met. 

Author: Mary Parkin, Recovery 

Coordinator, Endangered Species 

Program, Fish and Wildlife Service, 

Region 5. 

Authority: The authority for this action is 

section 4(f) of the Endangered Species Act, 

16 U.S.C. 1533(f). 

Dated: July 27, 2006. 

Michael G. Thabault, 

Acting Regional Director, Region 5, U.S. Fish 

and Wildlife Service. 

[FR Doc. E6–13717 Filed 8–18–06; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

under the Clean Water Act 

Under 28 CFR 50.7, notice is hereby 

given that on August 15, 2006, a 

proposed Consent Decree (‘‘Decree’’) in 

United States and Commonwealth of 

Kentucky, Environmental and Public 

Protection Cabinet v. Mid-Valley 

Pipeline Company, Sunoco Pipeline 

L.P., and Sun Pipe Line Company, Civil 

Action No. 06–57–KKC, was lodged 

with the United States District Court for 

the Eastern District of Kentucky. 

In this action, the United States 

alleged Clean Water Act (‘‘CWA’’) 

violations arising from two spills of 

crude oil from the Mid-Valley Pipeline 

(MVPL). In the Complaint, the United 


hsrobinson on PROD1PC72 with NOTICES
48556 Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Notices 

States asserts CWA claims for penalties 

and injunctive relief, and the Kentucky 

Cabinet asserts claims for penalties and 

costs under Kentucky Revised Statutes 

Chapter 224 and related Kentucky 

Administrative Regulations, against 

MVPL owner Mid-Valley Pipeline 

Company (‘‘Mid-Valley’’) and MVPL 

operator Sunoco Pipeline L.P. (‘‘SPLP’’), 

for the spill of 6,251 barrels of crude oil 

on January 26, 2005, in Owen County, 

Kentucky, into the Kentucky and Ohio 

Rivers. In addition, the United States 

asserts a CWA claim against Mid-Valley 

and then-operator Sun Pipe Line 

Company (‘‘Sun’’) for the spill of 1,500 

barrels of crude oil on November 24, 

2000, in Claiborne Parish, Louisiana, 

into Campit Lake. With respect to the 

Kentucky spill, the Decree provides for 

Mid-Valley and SPLP to pay a $2.57 

million civil penalty ($1.4 million to the 

Unite States, and $1.17 million to the 

Cabinet), pay for a state environmental 

project at a cost of $230,000, perform 

injunctive relief related to enhancement 

of spill response preparation, and 

reimburse the Kentucky Cabinet for 

certain billed response costs. With 

respect to the November 2000 Louisiana 

discharge of 1,500 barrels, Mid-Valley 

and operator Sun are to pay a federal 

civil penalty of $300,000. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Decree. Comments should 

be addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States and Commonwealth of Kentucky, 

Environmental and Public Protection 

Cabinet v. Mid-Valley Pipeline 

Company. Sunoco Pipeline L.P., and 

Sun Pipe Line Company, D.J. Ref. 90–5–

1–1–07957. 

The Decree may be examined at the 

Office of the United States Attorney, 

Eastern District of Kentucky, 110 West 

Vine Street, Suite 400, Lexington, KY 

40507–1671; at U.S. EPA Region 4, 61 

Forsyth Street, SW., Atlanta, GA 30303–

8960; and at U.S. EPA Region 6, 1445 

Ross Avenue, Suite 1200, Dallas, TX 

75202–2733. During the public 

comment period, the 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 

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 $8.25 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury. 

Henry S. Friedman, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 06–7028 Filed 8–18–06; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Importer of Controlled Substances; 

Notice of Application 

Pursuant to 21 U.S.C. 958(i), the 

Attorney General shall, prior to issuing 

a registration under this Section to a 

bulk manufacturer of a controlled 

substance in Schedule I or II and prior 

to issuing a regulation under 21 U.S.C. 

952(a) authorizing the importation of 

such a substance, provide 

manufacturers holding registrations for 

the bulk manufacture of the substance 

an opportunity for a hearing. 

Therefore, in accordance with 21 CFR 

1301.34(a), this is notice that on January 

20, 2006, Sigma Aldrich Manufacturing 

LLC., Subsidiary of Sigma-Aldrich 

Company, 3500 Dekalb Street, St. Louis, 

Missouri 63118, made application by 

renewal to the Drug Enforcement 

Administration (DEA) to be registered as 

an importer of the basic classes of 

controlled substances listed in Schedule 

I and II: 

Drug Schedule 

Cathinone (1235) .......................... I 

Methcathinone (1237) .................. I 

Aminorex (1585) ........................... I 

Gamma Hydroxybutyric Acid 

(2010).

I 

Methaqualone (2565) ................... I 

Ibogaine (7260) ............................ I 

Lysergic acid diethylamide (7315) I 

Marihuana (7360) ......................... I 

Tetrahydrocannabinols (7370) ..... I 

Mescaline (7381) .......................... I 

4-Bromo-2,5- 

dimethoxyamphetamine (7391).

I 

4-Bromo-2,5- 

dimethoxyphenethylamine 

(7392).

I 

4-Methyl-2,5- 

dimethoxyamphetamine (7395).

I 

2,5-Dimethoxyamphetamine 

(7396).

I 

3,4-Methylenedioxyamphetamine 

(7400).

I 

N-Hydroxy-3,4- 

methylenedioxyamphetamine 

(7402).

I 

Drug Schedule 

3,4-Methylenedioxy-Nethylamphetamine (7404).I 

3,4- 

Methylenedioxymethamphetamine (MDMA) (7405).

I 

4-Methoxyamphetamine (7411) ... I 

Bufotenine (7433) ......................... I 

Diethyltryptamine (7434) .............. I 

Dimethyltryptamine (7435) ........... I 

Psilocybin (7437) .......................... I 

Psilocyn (7438) ............................. I 

N-Ethyl-1-phenylcyclohexylamine 

(7455).

I 

N-Benzylpiperazine (BZP) (7493) I 

Trifluoromethylphenyl Piperazine 

(7494).

I 

Heroin (9200) ............................... I 

Normorphine (9313) ..................... I 

Etonitazene (9624) ....................... I 

Amphetamine (1100) .................... II 

Methamphetamine (1105) ............ II 

Methylphenidate (1724) ................ II 

Amobarbital (2125) ....................... II 

Pentobarbital (2270) ..................... II 

Secobarbital (2315) ...................... II 

Glutethimide (2550) ...................... II 

Nabilone (7379) ............................ II 

Phencyclidine (7471) .................... II 

Cocaine (9041) ............................. II 

Codeine (9050) ............................. II 

Diprenorphine (9058) ................... II 

Oxycodone (9143) ........................ II 

Hydromorphone (9150) ................ II 

Diphenoxylate (9170) ................... II 

Ecgonine (9180) ........................... II 

Ethylmorphine (9190) ................... II 

Hydrocodone (9193) ..................... II 

Levorphanol (9220) ...................... II 

Meperidine (9230) ........................ II 

Methadone (9250) ........................ II 

Dextropropoxyphene, bulk (nondosage forms) (9273).II 

Morphine (9300) ........................... II 

Thebaine (9333) ........................... II 

Opium powdered (9639) .............. II 

Oxymorphone (9652) ................... II 

Fentanyl (9801) ............................ II 

The company plans to import the 

listed controlled substances for sale to 

research facilities for drug testing and 

analysis. 

Any manufacturer who is presently, 

or is applying to be, registered with DEA 

to manufacture such basic classes of 

controlled substances may file 

comments or objections to the issuance 

of the proposed registration and may, at 

the same time, file a written request for 

a hearing on such application pursuant 

to 21 CFR 1301.43 and in such form as 

prescribed by 21 CFR 1316.47. 

Any such written comments or 

objections being sent via regular mail 

should be addressed, in quintuplicate, 

to the Deputy Assistant Administrator, 

Office of Diversion Control, Drug 

Enforcement Administration, 

Washington, DC 20537, Attention: DEA 

Federal Register Representative/ODL; or 

any being sent via express mail should 


hsrobinson on PROD1PC72 with NOTICES