Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Proposed Rules 2465 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that are based on health or safety 

risks, such that the analysis required 

under section 5–501 of the Order has 

the potential to influence the regulation. 

This proposed rule is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211 (66 FR 18355 (May 22, 

2001)), because it is not likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy. 

The overall effect of the proposed rule 

is to decrease the regulatory burden on 

facility owners or operators subject to its 

provisions. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law No. 

104–113 (15 U.S.C. 272 note) directs 

EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This proposed rulemaking involves 

technical standards. EPA proposes to 

use the 3–A Sanitary Standards, 

‘‘Storage Tanks for Milk and Milk 

Products’’, 3A 01–08, November 2001, 

developed by 3–A Sanitary Standards, 

Inc. A copy of these standards may be 

obtained from the 3–A Sanitary 

Standards online store at http:// 

www.techstreet.com/3Agate.html; by 

contacting the organization at 6888 Elm 

Street, Suite 2D, McLean, Virginia 

22101; by phone at (703) 790–0295; or 

by facsimile at (703) 761–6284. EPA is 

proposing an exemption to the SPCC 

rule based on the 3–A Sanitary 

Standards, because an owner and 

operator of a facility that is subject to 

SPCC, that has milk storage containers 

and associated piping and 

appurtenances constructed in 

accordance with 3–A Sanitary 

Standards, and that is effectively 

implementing PMO sanitation 

requirements, may already be providing 

measures to prevent, control and 

provide countermeasures for discharges 

of oil in quantities that are harmful. 

EPA welcomes comments on this 

aspect of the proposed rulemaking and, 

specifically, invites the public to 

identify potentially-applicable 

voluntary consensus standards and to 

explain why such standards should be 

used in this regulation. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. The overall effect of 

the action is to decrease the regulatory 

burden on facility owners or operators 

subject to its provisions. 

List of Subjects in 40 CFR Part 112 

Environmental protection, Animal 

fats and vegetable oils, Farms, Milk, Oil 

pollution, Tanks, Water pollution 

control, Water resources. 

Dated: January 9, 2009. 

Stephen L. Johnson, 

Administrator. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency proposes to amend 40 CFR part 

112 as follows: 

PART 112—OIL POLLUTION 

PREVENTION 

1. The authority citation for part 112 

continues to read as follows: 

Authority: 33 U.S.C. 1251 et seq.; 33 U.S.C. 

2720; and E.O. 12777 (October 18, 1991), 3 

CFR, 1991 Comp., p. 351. 

Subpart A—[Amended] 

2. Amend § 112.1 by adding 

paragraphs (d)(2)(ii)(G) and (d)(13) to 

read as follows: 

§ 112.1 General applicability. 

* * * * * 

(d) * * * 

(2) * * * 

(ii) * * * 

(G) The capacity of any milk container 

and associated piping and 

appurtenances that are constructed 

according to current applicable 3–A 

Sanitary Standards, and that are subject 

to current applicable Grade ‘‘A’’ 

Pasteurized Milk Ordinance or a State 

dairy regulatory requirement equivalent 

to the current applicable Grade ‘‘A’’ 

Pasteurized Milk Ordinance. 

* * * * * 

(13) Any milk container and 

associated piping and appurtenances 

that are constructed according to current 

applicable 3–A Sanitary Standards, and 

that are subject to current applicable 

Grade ‘‘A’’ Pasteurized Milk Ordinance 

or a State dairy regulatory requirement 

equivalent to the current applicable 

Grade ‘‘A’’ Pasteurized Milk Ordinance. 

* * * * * 

[FR Doc. E9–830 Filed 1–14–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R2–ES–2008–0059; MO 9221050083– 

B2] 

Endangered and Threatened Wildlife 

and Plants; Status Review of the Bald 

Eagle (Haliaeetus leucocephalus) in the 

Sonoran Desert Area of Central 

Arizona and Northwestern Mexico 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of continuing 

information collection for a status 

review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

continuation of information collection 

on a status review for the bald eagle 

(Haliaeetus leucocephalus) in the 

Sonoran Desert area of central Arizona 

and northwestern Mexico, hereafter 

referred to as the ‘‘Sonoran Desert area 

bald eagle.’’ Through this action, we 

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2466 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Proposed Rules 

encourage all interested parties to 

provide us with information regarding 

the status of, and any potential threats 

to, the Sonoran Desert area bald eagle. 

Information previously submitted for 

this status assessment does not need to 

be resubmitted, and will be 

incorporated into the public record and 

fully considered in our status review. 

DATES: To allow us adequate time to 

consider and incorporate submitted 

information into our review which is 

due by October 12, 2009, we request 

that we receive the information on or 

before July 10, 2009. 

ADDRESSES: You may submit 

information by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for comments or 

submissions. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R2– 

ES–2008–0059; 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 Information Solicited section 

below for more information). 

FOR FURTHER INFORMATION CONTACT: 

Steve Spangle, Field Supervisor, 

Arizona Ecological Services Office, 2321 

West Royal Palm Road, Suite 103, 

Phoenix, AZ 85021–4951; telephone 

602–242–0210; facsimile 602–242–2513. 

If you use a telecommunications device 

for the deaf (TDD), call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Information Solicited 

To ensure that the status review is 

complete and based on the best 

available scientific and commercial 

information, we are continuing to 

collect information concerning the 

status of the Sonoran Desert area bald 

eagle (Haliaeetus leucocephalus). We 

will use information gained during this 

process to evaluate whether the Sonoran 

Desert area bald eagle is a Distinct 

Population Segment (DPS) as described 

in our policy on determining a DPS (61 

FR 4722, February 7, 1996; DPS Policy), 

and if listing as threatened or 

endangered is warranted under the 

Endangered Species Act of 1973, as 

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

If we determine that listing the Sonoran 

Desert area bald eagle is warranted, we 

would propose critical habitat to the 

maximum extent prudent and 

determinable at the time we prepare a 

proposed listing rule. 

To allow us adequate time to 

incorporate submitted information into 

our review, we request that we receive 

the information on or before July 10, 

2009. Because this status review will 

not result in establishing a rule, this 

date is an advisory. However, please 

note that the court has established a 

deadline of October 12, 2009, for 

completion of this status review. As a 

result, the Service must be able to 

compile, evaluate, and incorporate 

substantial information into this status 

review. Therefore, receiving substantial 

information on or before July 10, 2009, 

maximizes our ability to incorporate 

that information into our review. 

At this time, we request any 

additional information from the public, 

other concerned governmental agencies, 

Native American Tribes, the scientific 

community, industry, or any other 

interested parties on the status of the 

Sonoran Desert area bald eagle, 

including: 

(1) Information regarding Sonoran 

Desert area bald eagles’ historical and 

current population status, distribution, 

and trends; biology and ecology; and 

habitat selection. We also solicit 

information of this type on adjacent 

populations and geographic areas for 

use in evaluating discreteness and 

significance of the Sonoran Desert area 

bald eagle under the Service’s DPS 

Policy. 

(2) Information that supports or 

refutes the appropriateness of 

considering the Sonoran Desert area 

bald eagle to be discrete, as defined in 

the DPS Policy including, but not 

limited to: 

(a) Information indicating whether 

Sonoran Desert area bald eagles are 

markedly separated from other 

populations of bald eagles due to 

physical, physiological, ecological, or 

behavioral factors. This may include 

information regarding bald eagles that 

hatched in the Sonoran Desert area and 

that breed with bald eagles that hatched 

in other locations outside this area, and 

information regarding the Sonoran 

Desert area bald eagles’ isolation from 

other breeding populations of eagles. 

(b) Information indicating whether or 

not the Sonoran Desert area bald eagle 

is delimited by international 

governmental boundaries within which 

significant differences in control of 

exploitation, management of habitat, 

conservation status, or regulatory 

mechanisms exist. 

(3) Information that supports or 

refutes the appropriateness of 

considering the Sonoran Desert area 

bald eagle to be significant, as defined 

in the DPS Policy including, but not 

limited to: 

(a) Information indicating whether the 

ecological setting, including such 

factors as temperature, moisture, 

weather patterns, and plant 

communities, in which the Sonoran 

Desert area bald eagle persists is 

unusual or unique when compared to 

that of bald eagles found elsewhere in 

North America. This may also include 

information indicating that the Sonoran 

Desert area bald eagle has or has not 

developed adaptations to that unique 

environment, such as breeding behavior, 

morphological characteristics, egg 

development and characteristics, or nest 

types. 

(b) Information indicating whether 

loss of the Sonoran Desert area bald 

eagle would or would not result in a 

significant gap in the range of the taxon. 

(c) Information indicating whether the 

Sonoran Desert area bald eagle differs 

markedly from other populations of bald 

eagles in its genetic characteristics. 

(4) Information regarding the 

availability of suitable, but unoccupied, 

breeding habitat that might allow for 

expansion of the Sonoran Desert area 

bald eagle populations. This may 

include information on areas outside of 

the boundaries delineated for the 

Sonoran Desert area bald eagle in our 

May 1, 2008, final listing rule (73 FR 

23966). 

(5) Information on the effects of 

potential threat factors to the Sonoran 

Desert area bald eagle populations that 

are the basis for a listing determination 

under section 4(a) of the Act, which are: 

(a) The present or threatened 

destruction, modification, or 

curtailment of the Sonoran Desert area 

bald eagle’s breeding habitat or range, 

including but not limited to the effects 

on habitat from: water management 

(river diversions, dams, dam operations, 

surface and groundwater withdrawals); 

human population growth and 

accompanying increases in water 

demands; human recreation; reduced 

riparian health and regrowth of 

streamside trees for nesting, foraging, 

and roosting; urban development; and 

climate change; 

(b) Overutilization for commercial, 

recreational, scientific, or educational 

purposes; 

(c) Disease or predation, including but 

not limited to the effects of avian pox 

or West Nile virus, Mexican chicken 

bugs, or ticks; 

(d) The inadequacy of existing 

regulatory mechanisms, including but 

not limited to adequacy or inadequacy 

of funding for ongoing management; and 

the adequacy or inadequacy of 

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Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Proposed Rules 2467 

protections under the Bald and Golden 

Eagle Protection Act and the Migratory 

Bird Treaty Act; and 

(e) Other natural or manmade factors 

affecting its continued existence, 

including but not limited to information 

on: Productivity, survival, and mortality 

rates of this population; the occurrence 

and effect of inbreeding; effects to 

Sonoran Desert area bald eagles while 

outside the Sonoran Desert area; effects 

to Sonoran Desert area bald eagles’ prey 

base and productivity, including effects 

of nonnative predatory fish and native 

fish restoration; effects of low-flying 

aircraft; the presence and abundance of 

pesticides and contaminants such as 

lead, mercury, or 

dichlorodiphenyldichloroethylene 

(DDE); the effects of climate change; and 

the effects from eggshell thinning. 

(6) Information supporting the 

existing boundary developed in our May 

1, 2008, final listing rule (73 FR 23966) 

for Sonoran Desert area bald eagles 

under consideration in this status 

review, or information indicating that 

the boundary should be modified. 

If you submitted information in 

response to our notice of initiation of a 

status review, which was published in 

the Federal Register on May 20, 2008 

(73 FR 29096), you do not need to 

resend it. We will include the 

submission in the public record, and we 

will consider the information in the 

preparation of our status review. 

You may submit your information 

concerning this status review by one of 

the methods listed in the ADDRESSES

section. We will not consider 

submissions sent by e-mail or fax or to 

an address not listed in the ADDRESSES

section. 

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 you submit personal 

identifying information, you may 

request at the top of your document that 

we withhold this personal identifying 

information from public review. 

However, we cannot guarantee that we 

will be able to do so. We will post all 

hardcopy submissions on http:// 

www.regulations.gov. 

Information 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, Arizona Ecological Services 

Office (see FOR FURTHER INFORMATION

CONTACT). 

Background 

Section 4(b)(3)(B) of the Act requires 

that, for any petition to revise the Lists 

of Threatened and Endangered Wildlife 

and Plants that contains substantial 

scientific or commercial information 

that the action may be warranted, we 

make a finding within 12 months of the 

date of the receipt of the petition on 

whether the petitioned action is: (a) Not 

warranted, (b) warranted, or (c) 

warranted but precluded by other 

pending proposals. Such 12-month 

findings are to be published promptly in 

the Federal Register. 

Federal actions taken prior to May 

2008 are described in a notice of 

initiation of a status review of the 

Sonoran Desert area bald eagle, which 

was published in the Federal Register 

on May 20, 2008 (73 FR 29096). On 

August 27, 2008, the U.S. District Court 

for the District of Arizona granted the 

Center for Biological Diversity and 

Maricopa Audubon Society’s 

unopposed motion to amend the 

previous court order (Center for 

Biological Diversity v. Kempthorne, CV 

07–0038–PHX–MHM (D. Ariz.)) to 

extend the completion date of the bald 

eagle status review to October 12, 2009. 

Included in the motion submitted to the 

court were declarations discussing the 

need for additional time for Native 

American Tribes to compile and submit 

information. 

At this time, we are soliciting new 

information on the status of and 

potential threats to the Sonoran Desert 

population of bald eagles. We will base 

our new determination as to whether 

listing is warranted on a review of the 

best scientific and commercial 

information available, including all 

such information received as a result of 

this notice. For more information on the 

biology, habitat, and range of the 

Sonoran Desert population of bald 

eagles, please refer to our previous 90- 

day finding published in the Federal 

Register on August 30, 2006 (71 FR 

51549), and our final delisting rule for 

the bald eagle published in the Federal 

Register on July 9, 2007 (72 FR 37346). 

Author 

The primary authors of this notice are 

the staff members of the Arizona 

Ecological Services Office. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973 (16 

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

Dated: January 7, 2009. 

Kenneth Stansell, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. E9–552 Filed 1–14–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 253 and 600 

[Docket No. 080228332–81199–01] 

RIN 0648–AW38 

Magnuson-Stevens Act Provisions; 

Interjurisdictional Fisheries Act; 

Disaster Assistance Programs; 

Fisheries Assistance Programs 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: In accordance with the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA), as amended, and the 

Interjurisdictional Fisheries Act (IFA), 

NMFS (on behalf of the Secretary of 

Commerce) proposes regulations to 

govern the requests for determinations 

of fishery resource disasters as a basis 

for acquiring potential disaster 

assistance. The regulations would 

establish definitions, and characteristics 

of commercial fishery failures, fishery 

resource disasters, serious disruptions 

affecting future production, and harm 

incurred by fishermen, as well as 

requirements for initiating a review by 

NMFS, and the administrative process it 

will follow in processing such 

applications. The intended result of 

these procedures and requirements is to 

clarify and interpret the fishery disaster 

assistance provisions of the MSA and 

the IFA through rulemaking and thereby 

ensure consistency and facilitate the 

processing of requests. 

DATES: Comments must be submitted in 

writing on or before February 17, 2009. 

ADDRESSES: You may submit comments, 

identified by 0648–AW38, by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal: http:// 

www.regulations.gov; 

• Fax: 301–713–1193, Attn: Robert 

Gorrell; 

• Mail: Alan Risenhoover, Director, 

NMFS Office of Sustainable Fisheries, 

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