11342 Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Proposed Rules 

would prevent a child from obtaining 

objectionable content from outside the 

home and later viewing or listening to 

it on equipment in the home? In light of 

the ways in which blocking technology 

might be circumvented, what role 

should education play in protecting 

children from objectionable content? 

How can the value of the Internet as an 

educational and informational tool for 

children be balanced against efforts to 

ensure children’s online safety? 

F. Blocking Technologies Compatible 

With Multiple Platforms 

43. Finally, we seek general comment 

on whether there are blocking 

technologies currently available or in 

development that are capable of 

operating across multiple platforms. 

Because children today have access to 

multiple media platforms, content that 

parents may have blocked on one 

medium could potentially be accessed 

by children on another medium. For 

example, while parents may have 

activated the V-chip to block TV–14 

content on the family television set, a 

child may be able to access the same 

content over the Internet on the family 

computer or on the child’s own laptop 

or wireless device. To what extent could 

blocking technologies compatible with 

multiple platforms provide a solution to 

parents in this situation? For example, 

are there technologies that could operate 

on a wireless network or wireless device 

as well as another platform (such as 

cable or wireline service)? Are Internet 

filters able to filter Internet content to 

all devices, including wireless devices, 

or are they limited to computers (which 

would include wireless modem cards 

used on laptops or other portable 

devices, but not wireless smartphones)? 

To the extent that blocking technologies 

are able to filter Internet content to both 

wireline and wireless devices, are there 

any technical limitations for filters 

operating on laptops using wireless 

laptop cards, due to the potentially 

slower speed of a wireless broadband 

service? Are there other issues that need 

to be resolved in order to ensure that 

blocking technologies can operate 

seamlessly across platforms? 

Administrative Matters 

44. Ex Parte Rules. Pursuant to 

§ 1.1204(b)(1) of the Commission’s rules, 

47 CFR 1.1204(b)(1), this is an exempt 

proceeding. Ex parte presentations are 

permitted, and need not be disclosed. 

45. Comments and Reply Comments. 

Pursuant to §§ 1.415 and 1.419 of the 

Commission’s rules, 47 CFR 1.415, 

1.419, interested parties may file 

comments on the Notice of Inquiry, MB 

Docket No. 09–26, on or before the dates 

indicated on the first page of this 

document. Comments may be filed 

using: (1) The Commission’s Electronic 

Comment Filing System (ECFS), (2) the 

Federal Government’s eRulemaking 

Portal, or (3) by filing paper copies. See 

Electronic Filing of Documents in 

Rulemaking Proceedings, 63 FR 24121, 

May 1, 1998. 

46. Electronic Filers: Comments may 

be filed electronically using the Internet 

by accessing the ECFS: http:// 

www.Commission.gov/cgb/ecfs/ or the 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Filers should 

follow the instructions provided on the 

Web site for submitting comments. 

For ECFS filers, if multiple docket or 

rulemaking numbers appear in the caption of 

this proceeding, filers must transmit one 

electronic copy of the comments for each 

docket or rulemaking number referenced in 

the caption. In completing the transmittal 

screen, filers should include their full name, 

U.S. Postal Service mailing address, and the 

applicable docket or rulemaking number. 

Parties may also submit an electronic 

comment by Internet e-mail. To get filing 

instructions, filers should send an e-mail to 

ecfs@fcc.gov, and include the following 

words in the body of the message, ‘‘get form.’’ 

A sample form and directions will be sent in 

response. 

47. Paper Filers: Parties who choose 

to file by paper must file an original and 

four copies of each filing. If more than 

one docket or rulemaking number 

appears in the caption of this 

proceeding, filers must submit two 

additional copies for each additional 

docket or rulemaking number. 

48. Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail 

(although we continue to experience 

delays in receiving U.S. Postal Service 

mail). All filings must be addressed to 

the Commission’s Secretary, Office of 

the Secretary, Federal Communications 

Commission. 

• The Commission’s contractor will 

receive hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary at 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002. The filing hours 

at this location are 8 a.m. to 7 p.m. All 

hand deliveries must be held together 

with rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9300 

East Hampton Drive, Capitol Heights, 

MD 20743. 

• U.S. Postal Service first-class, 

Express, and Priority mail should be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. 

• In addition, parties must serve the 

following with either an electronic copy 

via e-mail or a paper copy of each 

pleading: (1) the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., Portals II, 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554, telephone 1–800–378–3160, or 

via e-mail at http://www.bcpiweb.com; 

and (2) Kim Matthews, Media Bureau, 

445 12th Street, SW., Room 4–A813, 

Kim.Matthews@fcc.gov. 

49. People with Disabilities: Contact 

the Commission to request materials in 

accessible formats (Braille, large print, 

electronic files, audio format, etc.) by email at 

Commission504@Commission.gov or 

call the Consumer & Governmental 

Affairs Bureau at 202–418–0530 (voice), 

202–418–0432 (TTY). 

50. Additional Information. For 

additional information on this 

proceeding, contact Kim Matthews, 

Media Bureau, at (202) 418–2154, or at 

kim.matthews@fcc.gov. 

Ordering Clause 

51. Accordingly, it is ordered that, 

pursuant to the authority contained in 

sections 4(i), 303(g), and 403 of the 

Communications Act, 47 U.S.C. 154(i), 

303(g), and 403, and pursuant to the 

Child Safe Viewing Act of 2007, this 

Notice of Inquiry is adopted. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–5635 Filed 3–16–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R1–ES–2008–0096; MO 922105083– 

B2] 

RIN 1018–AW34 

Endangered and Threatened Wildlife 

and Plants; Listing the Plant Lepidium 

papilliferum (Slickspot Peppergrass) 

as Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

comment period and notice of 

document availability. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

availability of new information relevant 

to our consideration of the status of 


dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Proposed Rules 11343 

Lepidium papilliferum (slickspot 

peppergrass), proposed for listing as 

endangered, under the Endangered 

Species Act of 1973, as amended (Act). 

We, therefore, announce the reopening 

of the comment period on the proposed 

listing and invite interested members of 

the public to submit comments on this 

new information as it applies to the 

status and proposed listing of L. 

papilliferum. Information previously 

submitted for this proposed listing need 

not be resubmitted, as all information 

already received regarding this 

proposed listing will be incorporated 

into the public record and fully 

considered in our evaluation. 

DATES: To allow adequate time for 

consideration of your comments, all 

information should be submitted to us 

by April 16, 2009. 

ADDRESSES: You may submit comments 

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: Docket 

FWS–R1–ES–2008–0096; 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 comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: 

Jeffery L. Foss, State Supervisor, U.S. 

Fish and Wildlife Service, Idaho Fish 

and Wildlife Office, by mail at 1387 S. 

Vinnell Way, Room 368, Boise, ID 

83709; by telephone at 208–378–5243; 

by facsimile at 208/378–5262; or by 

electronic mail at: 

fw1srbocomment@fws.gov. Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

For a detailed description of Federal 

actions concerning Lepidium 

papilliferum, please refer to the 

September 19, 2008, Notice Reopening 

the Comment Period on the Proposed 

Rule to List Lepidium papilliferum as 

Endangered (73 FR 54345) and the 

January 12, 2007, Withdrawal Notice 

published in the Federal Register (72 

FR 1621). A summary of the most recent 

Federal actions concerning the species 

is provided here. 

The notice that published on January 

12, 2007 (72 FR 1621), served to 

withdraw our July 15, 2002, proposed 

rule (67 FR 46441) to list Lepidium 

papilliferum as endangered under the 

Act. The withdrawal of the proposed 

rule was based on our conclusion that, 

while the best available information 

indicated that certain threat factors were 

degrading the species’ sagebrush-steppe 

matrix habitat, there was little evidence 

that these threats were negatively 

affecting the abundance of L. 

papilliferum, which inhabits slickspot 

microsites within the sagebrush-steppe 

ecosystem. In addition, we concluded 

that annual abundance of the plant was 

strongly correlated with spring 

precipitation, and therefore the high 

degree of variability observed in plant 

abundance over time was to be 

expected. Information on the plant’s 

overall population trend was 

inconsistent, as it appeared to be 

decreasing in recent years in a subset of 

the species’ range, but appeared to be 

increasing over those same years on a 

rangewide scale as expected in response 

to increased rainfall. Finding no 

consistent evidence of a rangewide 

negative population trend for the 

species, we concluded that L. 

papilliferum did not meet the definition 

of a threatened or endangered species 

under the Act. 

On June 4, 2008, the U.S. District 

Court for the District of Idaho vacated 

the Service’s January 2007 withdrawal 

notice and remanded the decision to the 

Service for further consideration 

consistent with the Court’s opinion 

(Western Watersheds Project v. Jeffery 

Foss et al., Case No. 07–161–E–MHW). 

In response to the Court’s decision, the 

Service notified the public on 

September 19, 2008, of the 

reinstatement of the July 15, 2002, 

proposed rule to list Lepidium 

papilliferum as endangered and opened 

a public comment period for 30 days 

through October 20, 2008. We received 

a total of seven comments during that 

comment period. 

Since the closure of the last comment 

period, new information has become 

available that is relevant to our 

evaluation of the proposed listing of 

Lepidium papilliferum. To ensure that 

our review of the species’ status is 

complete and based on the best 

available scientific and commercial 

information, we are soliciting comments 

on this new information as it relates to 

the status and proposed listing of L. 

papilliferum. We have also specifically 

requested peer review of this new 

information and its relevance to the 

status of L. papilliferum from experts 

familiar with the species or its habitat; 

these reviews will also be accepted 

during this comment period. 

New Information Available for Review 

Information received, developed, or 

analyzed since the last comment period 

ended on October 20, 2008, is available 

for review by accessing the Web site 

http://www.regulations.gov (Docket ID 

FWS–R1–ES–2008–0096) or by 

contacting the State Supervisor (see FOR

FURTHER INFORMATION CONTACT above). 

This information includes, but is not 

limited to, the following documents: 

(1) Analysis of Slickspot Peppergrass 

(Lepidium papilliferum) Population 

Trends on Orchard Training Area and 

Rangewide Implications (Sullivan and 

Nations 2009); 

(2) Lepidium papilliferum (Slickspot 

peppergrass) Evaluation of Trends 

2004–2007 (Unnasch 2008); 

(3) Analysis of Lepidium papilliferum 

monitoring data collected on the Inside 

Desert (Owyhee Plateau) (2000–2002) 

(Wells and Popovich 2009); 

(4) GIS Analysis for the 2009 Status 

Review of Slickspot Peppergrass 

(Lepidium papilliferum) (Stoner 2009). 

The public comments received during 

the most recent public comment period, 

which closed on October 20, 2008, are 

also accessible for viewing at http:// 

www.regulations.gov (Docket ID FWS– 

R1–ES–2008–0096), or by contacting the 

State Supervisor (see FOR FURTHER

INFORMATION CONTACT above). 

Public Comments 

We will base any final action resulting 

from the proposed rule on the best 

scientific and commercial data available 

and intend to be as accurate and as 

effective as possible. Therefore, we 

request comments or suggestions on the 

proposed rule from the public, other 

concerned governmental agencies, the 

scientific community, industry, and any 

other interested parties. 

We ask for comments concerning the 

new information contained in the 

analyses of Lepidium papilliferum 

population trends on the Orchard 

Training Area in southwest Idaho 

(Sullivan and Nations 2009), on the 

rangewide Habitat Integrity and 

Population (HIP) monitoring (Unnasch 

2008), a recent analysis of L. 

papilliferum data collected on the 

Inside Desert (Owyhee Plateau) from 

2000 to 2002 (Wells and Popovich 

2009), and GIS analysis of Lepidium 

papilliferum (Stoner 2009). In 

particular, comments are sought 

regarding the relevance of the new 

information to the proposed listing 

status of L. papilliferum, as it pertains 

to the following: 


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11344 Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Proposed Rules 

(1) Biological, commercial trade, or 

other relevant data concerning threats 

(or lack thereof) to Lepidium 

papilliferum; 

(2) Additional information concerning 

the range, distribution, and population 

size of Lepidium papilliferum, including 

the locations of any additional 

populations of the species; 

(3) Any information on the biological 

or ecological requirements of Lepidium 

papilliferum; 

(4) Current or planned activities in the 

areas occupied by Lepidium 

papilliferum and their possible impacts 

on the species. 

If you wish to comment, you may 

submit your comments and materials 

concerning this new information by one 

of the methods listed in the ADDRESSES

section. 

If you submit information via http:// 

www.regulations.gov, your entire 

submission—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 submissions 

on http://www.regulations.gov. 

All comments and materials we 

receive, as well as supporting 

documentation used, 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, Idaho 

Fish and Wildlife Office (see FOR

FURTHER INFORMATION CONTACT). 

At this time, we are soliciting new 

information on the status of Lepidium 

papilliferum. We will base our 

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. 

Authors 

The primary authors of this notice are 

staff of the Idaho Fish and Wildlife 

Office, U.S. Fish and Wildlife Service. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

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

Dated: March 4, 2009. 

Elizabeth H. Stevens, 

Acting Deputy Director, Fish and Wildlife 

Service. 

[FR Doc. E9–5697 Filed 3–16–09; 8:45 am] 

BILLING CODE 4310–55–P 


dwashington3 on PROD1PC60 with PROPOSALS