Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Proposed Rules 10701 

proposed rulemaking notice should be 

addressed to Forest Service, USDA, attn: 

Director, Minerals and Geology 

Management, at Mail Stop 1126, 

Washington, DC 20250–1126; by 

electronic mail to 36cfr251@fs.fed.us; or 

by fax to (703) 605–1575; or by the 

electronic process available at Federal 

e-Rulemaking portal at http:// 

www.regulations.gov. All comments, 

including names and addresses when 

provided, are placed in the record and 

are available for public inspection and 

copying. The public may inspect 

comments received at 1601 N. Kent 

Street, Suite 500 Arlington, Virginia 

22209 during regular business hours 

(8:30 a.m. to 4 p.m.), Monday through 

Friday, except holidays. Visitors are 

encouraged to call ahead to (703) 605– 

4792 to facilitate entry to the building. 

FOR FURTHER INFORMATION CONTACT: 

Ivette E. Torres, Liaison Specialist, 

Minerals and Geology Management. 

Phone Number: (703) 605–4792, or (703) 

615–7813. E-mail: ietorres@fs.fed.us. 

Individuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8 a.m. and 8 p.m., Eastern 

Standard Time, Monday through Friday. 

Dated: March 5, 2009. 

Abigail R. Kimball, 

Chief, Forest Service. 

[FR Doc. E9–5318 Filed 3–11–09; 8:45 am] 

BILLING CODE 3410–11–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–490; MB Docket No. 09–18; RM– 

11513] 

Radio Broadcasting Services; Dulac, 

LA 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Audio Division requests 

comment on a petition filed by Sunburst 

Media-Louisiana, LLC, licensee of 

Station KMYO–FM, Channel 244C3, 

Morgan City, Louisiana, proposing the 

substitution of FM Channel 230A for 

vacant Channel 242A at Dulac, 

Louisiana. The reference coordinates for 

Channel 230A at Dulac, Louisiana, are 

29–20–37 NL and 90–45–16 WL. See 

SUPPLEMENTARY INFORMATION, infra. 

DATES: Comments must be filed on or 

before April 20, 2009, and reply 

comments on or before May 5, 2009. 

ADDRESSES: Federal Communications 

Commission, 445 Twelfth Street, SW., 

Washington, DC 20554. In addition to 

filing comments with the FCC, 

interested parties should serve the 

petitioner, his counsel, or consultant, as 

follows: Mark N. Lipp, Esq., Scott 

Woodworth, Esq., Wiley Rein LLP, 1776 

K Street, NW., Washington, DC 20006 

(Counsel for Sunburst Media-Louisiana, 

LLC). 

FOR FURTHER INFORMATION CONTACT: 

Andrew J. Rhodes, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

09–18, adopted February 25, 2009, and 

released February 27, 2009. The full text 

of this Commission decision is available 

for inspection and copying during 

regular business hours at the FCC’s 

Reference Information Center, Portals II, 

445 Twelfth Street, SW., Room CYA257, Washington, DC 20554. The 

complete text of this decision may also 

be purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street, SW., 

Room CY-B402, Washington, DC 20554, 

telephone 1–800–378–3160 or http:// 

www.BCPIWEB.com. This document 

does not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

The proposed channel substitution at 

Dulac is part of a hybrid application and 

rulemaking proceeding. In the 

application (File No. BPH– 

20090129AMR), Sunburst MediaLouisiana proposes the upgrade of 

Channel 244C3 to Channel 244C2 at 

Morgan City, Louisiana, the reallotment 

of Channel 244C2 to Gray, Louisiana, 

and the associated modification of the 

Station KMYO–FM license. See 74 FR 

9399 (March 4, 2009). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1204(b) for rules 

governing permissible ex parte contact. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.202 [Amended] 

2. Section 73.202(b), the Table of FM 

Allotments under Louisiana, is 

amended by removing 242A and adding 

Channel 230A at Dulac. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E9–5398 Filed 3–11–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS-R2-ES-2009-0014] [92210-1117-0000- 

B4] 

RIN 1018-AT52 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for Roswell springsnail 

(Pyrgulopsis roswellensis), Koster’s 

springsnail (Juturnia kosteri), Noel’s 

amphipod (Gammarus desperatus), 

and Pecos assiminea (Assiminea 

pecos) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

public comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), take this 

action pursuant to a settlement 

agreement and court order that vacated, 

in part, the August 9. 2005 final rule 

that designated critical habitat under the 

Endangered Species Act of 1973, as 

amended (Act), for the Roswell 

springsnail (Pyrgulopsis roswellensis), 

Koster’s springsnail (Juturnia kosteri), 

Noel’s amphipod (Gammarus 

desperatus), and Pecos assiminea 

(Assiminea pecos) with respect to lands 

at the Bitter Lake National Wildlife 


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10702 Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Proposed Rules 

Refuge. Accordingly, the February 12, 

2002, proposed critical habitat 

designation is reinstated for these 

invertebrates with respect to Bitter Lake 

National Wildlife Refuge and we 

announce the reopening of the public 

comment period for the February 12, 

2002, proposed rule in order to 

reconsider designation of these lands. 

This re-evaluation of the designation of 

critical habitat at Bitter Lake National 

Wildlife Refuge does not affect the 

designation of critical habitat at 

Diamond Y Spring and Sandia Spring. 

Comments previously submitted on the 

February 12, 2002, proposed rule (67 FR 

6459) need not be resubmitted as they 

have been incorporated into the public 

record as part of this reopening of the 

comment period and will be fully 

considered in preparation of the final 

rule. Additionally, so that we may fully 

consider any new information available, 

we are also soliciting comments and 

information on the final economic 

analysis and final environmental 

assessment that were made available 

concurrent with the August 9, 2005, 

final designation of critical habitat. 

DATES: We will accept comments 

received or postmarked on or before 

May 11, 2009. We must receive requests 

for public hearings, in writing, at the 

address shown in the ADDRESSES section 

by April 27, 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-R2- 

ES-2009-0014; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will not accept e-mail or faxes. We 

will post all information received on 

http://www.regulations.gov. This 

generally means that we will post any 

personal information you provide us 

(see the Public Comments Solicited 

section below for more details). 

FOR FURTHER INFORMATION CONTACT: 

Wally ‘‘J’’ Murphy, Field Supervisor, 

New Mexico Ecological Services Field 

Office, 2105 Osuna NE, Albuquerque, 

NM 87113; telephone 505-761-4781; 

facsimile 505-346-2542. If you use a 

telecommunications device for the deaf 

(TTD), you may call the Federal 

Information Relay Service (FIRS) at 800- 

877-8339. 

SUPPLEMENTARY INFORMATION: 

Background 

The Roswell springsnail (Pyrgulopsis 

roswellensis), Koster’s springsnail 

(Juturnia kosteri), Noel’s amphipod 

(Gammarus desperatus), and Pecos 

assiminea (Assiminea pecos) (four 

invertebrates) occupy springs, seeps, 

sinkholes, and wetlands near Roswell, 

New Mexico, and in Reeves and Pecos 

counties, Texas. On February 12, 2002 

(67 FR 6459), we published a proposed 

rule to list the four invertebrates as 

endangered under the Endangered 

Species Act of 1973, as amended (Act; 

16 U.S.C. 1531 et seq.) and to designate 

critical habitat for them. The proposed 

rule included two complexes on Bitter 

Lake National Wildlife Refuge (Refuge) 

totaling 456 hectares (ha) (1127 acres 

(ac)), one complex at Diamond Y 

Springs in Pecos County, Texas, of 153.8 

ha (380 ac), and one complex at East 

Sandia Spring in Reeves County, Texas, 

of 6.7 ha (16.5 ac). On August 9, 2005, 

we published our final rule listing the 

four invertebrates as endangered with 

critical habitat (70 FR 46304). In that 

final rule, critical habitat was 

designated at the Diamond Y Spring and 

East Sandia Spring complexes but was 

not designated on the Refuge on the 

ground that these areas did not meet the 

definition of ‘‘critical habitat’’ under 

section 3(5)(A) of the Act (70 FR 46323). 

On December 19, 2007, Forest 

Guardians (now WildEarth Guardians) 

filed a complaint challenging the merits 

of our critical habitat designation for the 

four invertebrates, including the 

exclusion of the Refuge from the final 

critical habitat designation. The 

plaintiffs alleged that the Refuge should 

have been included in the designation 

because it is the last known occupied 

habitat for three of the four species 

(Roswell springsnail, Koster’s 

springsnail, and Noel’s amphipod) and 

that the Refuge’s Comprehensive 

Conservation Plan would not adequately 

protect the species from threats, 

including oil and gas development, 

outside of the Refuge boundaries. 

Pursuant to a settlement agreement, the 

court has partially vacated the August 9, 

2005, critical habitat decision (70 FR 

46304) with respect to the areas 

excluded under section 3(5)(A) of the 

Act. 

If the proposed rule with respect to 

the Bitter Lake National Wildlife Refuge 

is made final, section 7 of the Act will 

prohibit adverse modification of critical 

habitat by any activity funded, 

authorized, or carried out by any 

Federal agency. Federal agencies 

proposing actions that may affect areas 

designated as critical habitat must 

consult with us on the effects of their 

proposed actions, pursuant to section 

7(a)(2) of the Act. This re-evaluation of 

the designation of critical habitat on the 

Refuge does not affect the August 9, 

2005, final designation of critical habitat 

(70 FR 46304) with respect to 

designated critical habitat at Diamond Y 

Spring and Sandia Spring, and 

consultation on activities that may 

result in destruction or adverse 

modification of critical habitat is still 

required in these areas. Further, section 

7(a)(4) of the Act and regulations at 50 

CFR 402.10 require Federal agencies to 

confer with us on any action that is 

likely to result in destruction or adverse 

modification of proposed critical 

habitat. Thus, Federal agencies are 

required to confer with the Service on 

any such action that may affect the 

proposed critical habitat on the Refuge 

as identified in the February 12, 2002, 

proposed rule (67 FR 6459). 

Section 4 of the Act requires that we 

consider economic and other relevant 

impacts prior to making a final decision 

on what areas to designate as critical 

habitat. A final economic analysis and 

final environmental assessment were 

made available concurrent with the 

publication of the August 9, 2005, final 

critical habitat designation (70 FR 

46304). We solicit data and comments 

from the public on the final economic 

analysis and final environmental 

assessment, as well as on all aspects of 

the proposed rule. We will review and 

consider all best available information 

including public comments or other 

information submitted previously or as 

part of the present comment period, as 

we develop our final determination. In 

particular, we may exclude an area from 

critical habitat if we determine that the 

benefits of excluding the area outweigh 

the benefits of including the area as 

critical habitat, provided such exclusion 

will not result in the extinction of the 

species. 

Public Comments Solicited 

To ensure that the final critical habitat 

designation is complete and based on 

the best available scientific information, 

we are soliciting information from the 

public, other concerned governmental 

agencies, the scientific community, 

industry, or any other interested party 

concerning this proposed rule. We 

particularly seek information 

concerning: 

(1) The reasons why habitat on the 

Refuge should or should not be 

determined to be critical habitat as 

provided by section 4 of the Act, 

including whether the benefits of 

inclusion of these areas will or will not 

outweigh the benefits of exclusion from 

critical habitat designation; 


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Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Proposed Rules 10703 

(2) Specific information on the 

distribution of the four invertebrates 

and their habitats, and which habitats 

are essential to the conservation of the 

species and why; 

(3) Land use management and current 

or planned activities in the subject area 

and their possible impacts on proposed 

critical habitat; 

(4) Any foreseeable economic, 

environmental, or other impacts 

resulting from the proposed designation 

of critical habitat; 

(5) Whether the economic analysis 

makes appropriate assumptions 

regarding current practices and likely 

regulatory changes imposed as a result 

of the designation of critical habitat; and 

(6) Whether the economic analysis 

appropriately identifies all costs that 

could result or have already resulted 

from the designation. 

Comments previously submitted on 

the February 12, 2002, proposed rule (67 

FR 6459) need not be resubmitted as 

they have been incorporated into the 

public record as part of this reopening 

of the comment period and will be fully 

considered in preparation of the final 

rule. Comments submitted during this 

comment period also will be 

incorporated into the public record and 

will be fully considered in the final rule. 

You may submit comments and 

materials concerning the proposed rule, 

the associated economic analysis, and 

the associated environmental 

assessment by one of the methods listed 

in the ADDRESSES section. We will not 

consider comments sent by e-mail or 

fax, or to an address not listed in the 

ADDRESSES section. 

If you submit a comment via http:// 

www.regulations.gov, your entire 

comment—including your personal 

identifying information—will be posted 

on the Web site. If your submission is 

made via a 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 post all hardcopy comments on 

http://www.regulations.gov. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this notice, will be 

available for public inspection on http:// 

www.regulations.gov, or by 

appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service, New Mexico Ecological 

Services Field Office (see FOR FURTHER

INFORMATION CONTACT). 

You may obtain copies of the 

proposed rule, the final economic 

analysis, and the final environmental 

assessment on the Internet at http:// 

www.regulations.gov, or by mail from 

the New Mexico Ecological Services 

Field Office. 

Author 

The primary authors of this notice are 

the staff of the New Mexico Ecological 

Services Field Office, 2105 Osuna NE, 

Albuquerque, NM 87113. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.). 

Dated: March 3, 2009. 

Jane Lyder, 

Assistant Deputy Secretary for Department 

of the Interior. 

[FR Doc. E9–5357 Filed 3–11–09; 8:45 am] 

BILLING CODE 4310-55-S 


cprice-sewell on PRODPC61 with PROPOSALS