51088 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices 

The Applicants agree to avoid 

construction during the nesting season 

if active nests are found onsite, but no 

other on-site minimization measures are 

proposed to reduce take of scrub-jays. 

The lots combined encompass about 

0.48 acre (0.24 acre each) and the 

footprint of the homes, infrastructure, 

and landscaping preclude retention of 

scrub-jay habitat. On-site minimization 

may not be a biologically viable 

alternative due to increasing negative 

demographic effects caused by 

urbanization. 

Based on the above information, we 

believe that scrub-jays in the vicinity of 

the Applicant’s lots, currently have little 

long-term demographic value to the 

metapopulation overall. Consequently, 

we feel that the loss of 0.48 acres of 

habitat is likely to result in only minor 

or negligible impacts on the species. 

In combination, the Applicants 

propose to mitigate for the loss of 0.48 

acres of scrub-jay habitat by 

contributing a total of $6,432 ($3,216 for 

Maronda Homes and $3,216 for Duke 

Construction) to the Florida Scrub-jay 

Conservation Fund administered by the 

National Fish and Wildlife Foundation. 

Funds in this account are ear-marked for 

use in the conservation and recovery of 

scrub-jays and may include habitat 

acquisition, restoration, and/or 

management. The $6,432 is sufficient to 

acquire and perpetually manage about 

0.96 acres of suitable occupied scrub-jay 

habitat based on a replacement ratio of 

two mitigation acres per one impact 

acre. The cost is based on previous 

acquisitions of mitigation lands in 

southern Brevard County at an average 

$5,700 per acre, plus a $1,000 per acre 

management endowment necessary to 

ensure future management of acquired 

scrub-jay habitat. 

We have determined that the HCPs 

are low-effect plans that are 

categorically excluded from further 

NEPA analysis, and do not require the 

preparation of an EA or EIS. This 

preliminary information may be revised 

due to public comment received in 

response to this notice. Low-effect HCPs 

are those involving: (1) minor or 

negligible effects on federally listed or 

candidate species and their habitats, 

and (2) minor or negligible effects on 

other environmental values or 

resources. The Applicants’ HCPs qualify 

for the following reasons: 

1. Approval of each of the HCPs 

would result in minor or negligible 

effects on the Florida scrub-jay 

population as a whole. We do not 

anticipate significant direct or 

cumulative effects to the Florida scrubjay population as a result of the 

construction projects. 

2. Approval of each of the HCPs 

would not have adverse effects on 

known unique geographic, historic or 

cultural sites, or involve unique or 

unknown environmental risks. 

3. Approval of each of the HCPs 

would not result in any significant 

adverse effects on public health or 

safety. 

4. The projects do not require 

compliance with Executive Order 11988 

(Floodplain Management), Executive 

Order 11990 (Protection of Wetlands), or 

the Fish and Wildlife Coordination Act, 

nor do they threaten to violate a Federal, 

State, local or tribal law or requirement 

imposed for the protection of the 

environment. 

5. Approval of the Plans would not 

establish a precedent for future action or 

represent a decision in principle about 

future actions with potentially 

significant environmental effects. 

We have determined that issuance of 

these incidental take permits qualify as 

a categorical exclusion under the NEPA, 

as provided by the Department of the 

Interior Manual (516 DM 2, Appendix 1 

and 516 DM 6, Appendix 1). Therefore, 

no further NEPA documentation will be 

prepared. 

We will evaluate the HCPs and 

comments submitted thereon to 

determine whether the applications 

meet the requirements of section 10(a) 

of the Act. If it is determined that those 

requirements are met, the ITPs will be 

issued for the incidental take of the 

Florida scrub-jay. We will also evaluate 

whether issuance of the section 

10(a)(1)(B) ITPs comply with section 7 

of the Act by conducting an intraService section 7 consultation. The 

results of this consultation, in 

combination with the above findings, 

will be used in the final analysis to 

determine whether or not to issue the 

ITPs. 

Dated: August 11, 2005. 

Cynthia K. Dohner, 

Acting Regional Director. 

[FR Doc. 05–17077 Filed 8–26–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Notice of Availability of a Proposed 

Amendment to Environmental Defense, 

Inc.’s Safe Harbor Agreement 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability and 30-day 

public comment period. 

SUMMARY: Environmental Defense, Inc. 

(ED) has submitted to the U.S. Fish and 

Wildlife Service (Service) a request to 

amend their Safe Harbor Agreement 

(SHA) and associated Endangered 

Species Act (Act) Section 10(a)(1)(A) 

Safe Harbor Enhancement of Survival 

permit (Permit) for habitat restoration 

activities on private lands for the 

endangered Black-capped vireo (Vireo 

atricapilla) (BCVI) and Golden-cheeked 

warbler (Dendroica chrysoparia) 

(GCWA) in the Hill Country of Texas to 

include twelve additional counties, 

along with amending language in 

Attachment 2 of their SHA. The 

amendment would allow the Safe 

Harbor program to expand onto 

additional private lands in Texas, thus 

furthering the conservation of BCVIs 

and GCWAs. 

DATES: To ensure consideration, written 

comments must be received on or before 

September 28, 2005. 

ADDRESSES: Persons wishing to review 

the application may obtain copies by 

calling or faxing a request to the Service 

at the U.S. Fish and Wildlife Service 

Austin Office, 10711 Burnet Road, Suite 

200, Austin, Texas 78758, (512/490–

0057 voice, 512/490–0974 fax). The 

amendment request will also be 

available for public inspection, by 

appointment, during normal business 

hours (8 a.m. to 4:30 p.m.) at the Fish 

and Wildlife Service Austin Office. 

During the 30-day public comment 

period, written comments or data 

should be submitted to the Field 

Supervisor at the above address. Please 

refer to the amendment to ED’s SHA in 

the Texas Hill Country (TE–024875–1). 

All comments received, including 

names and addresses, will become a 

part of the official administrative record 

and may be made available to the 

public. 

FOR FURTHER INFORMATION CONTACT: 

Christina Williams at the Fish and 

Wildlife Service Austin Office, 10711 

Burnet Road, Suite 200, Austin, Texas 

78758, (512/490–0057 voice, 512/490–

0974 fax). 

SUPPLEMENTARY INFORMATION: In 

addition to the 25 counties covered 

under their current permit, habitat 

enhancement activities could now occur 

in any or all of the following additional 

counties: Bexar, Callahan, Coke, 

Concho, Hamilton, Hood, Kinney, 

McLennan, Palo Pinto, Runnels, Taylor, 

and Tom Green. Habitat enhancement 

activities could include, but are not 

limited to, prescribed burning, selective 

Ashe juniper thinning, rotational 

grazing, cowbird trapping, and 

hardwood regeneration. 

Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices 51089 

Currently, ED is prevented by the 

terms and conditions of their original 

SHA from enrolling non-habitat within 

300 feet of GCWA habitat, which would 

create and maintain a strip of nonhabitat between two patches of habitat. 

Therefore, ED is requesting that 

language in Attachment 2 of the SHA be 

amended to allow for the creation of 

habitat for BCVIs or GCWAs within 300 

feet of GCWA habitat, so long as no 

alteration of existing habitat occurs. 

BCVI and GCWA were listed as 

endangered in November 1987 and May 

1990, respectively. The BCVI and 

GCWA are migratory songbirds that 

occupy breeding habitat in Texas from 

about March 1–August 31. The BCVI 

requires an early successional stage, 

patchy island habitat of wooded areas 

with shrubs up to about 6 feet tall 

surrounded by grasslands. GCWA 

habitat is mixed closed canopy 

woodland of mature Ashe juniper and 

oaks. 

Approximately 98 percent of the land 

in Texas is privately owned, with a 

substantial majority of existing and 

restorable BCVI and GCWA habitat 

falling into this category. Therefore, the 

participation of private landowners in 

the recovery of these two species is 

highly important. 

Landowners having currently 

unoccupied or unsuitable, but restorable 

habitat and thus a zero baseline 

condition for the Safe Harbor, would be 

eligible for Certificates of Inclusion. 

Exceptions to the zero baseline may also 

be included for certificates under very 

limited circumstances with concurrence 

from the Service. Upon completion and 

maintenance of the habitat 

improvements for at least four breeding 

seasons, the landowners would be 

permitted to conduct any otherwise 

lawful activity on their property, 

including activities that result in the 

partial or total elimination of the 

restored habitat and the incidental 

taking of either of these species as a 

result of such habitat elimination 

(return to baseline). 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended, through its permitting 

provisions (50 CFR part 17). The 

amendment request is available for 

public review, and subject to the 

requirements of the Privacy Act and 

Freedom of Information Act, by any 

party who submits a written request for 

a copy of such document within the 

comment period to the address specified 

below (43 CFR part 2). 

Joy E. Nicholopoulos, 

Acting Regional Director, Region 2, 

Albuquerque, New Mexico. 

[FR Doc. 05–17063 Filed 8–26–05; 8:45 am] 

BILLING CODE 4510–55–P 

INTERNATIONAL TRADE 

COMMISSION 

Possible Modifications to the 

International Harmonized System 

Nomenclature 

AGENCY: United States International 

Trade Commission. 

ACTION: Request for proposals to amend 

the international Harmonized System. 

SUMMARY: The Commission is soliciting 

proposals from interested parties and 

agencies to amend the international 

Harmonized Commodity Description 

and Coding System (Harmonized 

System), including the rules of 

interpretation, section and chapter notes 

and the texts of the headings and 

subheadings, with a view to keeping the 

System current with changes in 

technology and trade patterns. Specific 

proposals in this connection will be 

reviewed by the Commission staff for 

potential submission to the World 

Customs Organization (WCO), in 

Brussels, Belgium. 

EFFECTIVE DATE: August 18, 2005. 

FOR FURTHER INFORMATION CONTACT: 

David Beck, Acting Director, Office of 

Tariff Affairs and Trade Agreements (O/ 

TATA) (202–205–2595, 

david.beck@usitc.gov) or Ronald Heller 

(202–205–2596, 

ronald.heller@usitc.gov). The O/TATA 

fax number is 202–205–2616. The media 

should contact Margaret O’Laughlin, 

Office of External Relations (202–205–

1819, margaret.olaughlin@usitc.gov). 

Hearing impaired individuals are 

advised that information on this matter 

can be obtained by contacting the TDD 

terminal on (202–205–1810). General 

information concerning the 

Commission, including subsequent 

notices published pursuant to section 

1210 of the 1988 act, may also be 

obtained by accessing its Internet server 

(http://www.usitc.gov). The public 

record for these investigations may be 

viewed on the Commission’s electronic 

docket (EDIS–ONLINE) at http:// 

www.usitc.gov/secretary/edis.htm. 

Background: Soon after the 

implementation of the Harmonized 

System (HS) in 1988, the Harmonized 

System (HS) Review Subcommittee 

(RSC) of the World Customs 

Organization (WCO) began a series of 

reviews of the entire HS. The fourth 

review cycle begins this year, with an 

expected implementation date for 

changes of January 2012. 

The HS was established by an 

international Convention, which, inter 

alia, provides that the System should be 

kept up-to-date in light of changes in 

technology and patterns of international trade. The international HS 

nomenclature, which is maintained by 

the WCO, provides a uniform structural 

basis for the customs tariff and 

statistical nomenclatures of all major 

trading countries of the world, 

including the United States. The 

Commission, the U.S. Bureau of 

Customs and Border Protection and the 

Bureau of the Census are responsible for 

the development of U.S. technical 

proposals concerning the HS under 

section 1210 of the Omnibus Trade and 

Competitiveness Act of 1988 (the 1988 

Act) (19 U.S.C. 3010). A 1988 notice 

issued by the United States Trade 

Representative (53 FR 45646, Nov. 10, 

1988), establishes the Commission as 

the lead U.S. agency in considering 

proposals for HS amendments that are 

intended to ensure that it reflects such 

changes in technology and trade. 

A copy of the U.S. Harmonized Tariff 

Schedule (HTSA), which incorporates 

the international Harmonized System in 

its overall structure, can be downloaded 

at http://www.usitc.gov/tata/index.htm. 

Hard copies and electronic copies of the 

HTSA can be found at many of the 1,400 

federal Depository Libraries located 

throughout the United States and its 

territories; further information about 

these locations can be found at http:// 

www.gpoaccess.gov/fdlp.html, or by 

contacting GPO Access at the 

Government Printing Office, 866–512–

1800. 

Note that the international HS 

comprises the broadest levels of 

categories in the HTSA, that is, the 

General Rules for the Interpretation of 

the Nomenclature, Section and Chapter 

titles, Section and Chapter legal notes, 

and heading and subheading texts to the 

six-digit level of detail. Additional U.S. 

Notes, further subdivisions (eight- and 

ten-digit subheadings) and statistical 

notes, as well as the entire chapters 98 

and 99, are national legal and statistical 

detail added for the administration of 

the tariff and statistical programs and 

are not part of the international HS 

review process that is the subject of this 

Notice. 

Request for Proposals: In accordance 

with the USTR notice, the Commission 

is seeking proposals for specific 

modifications to the Harmonized 

System (including the rules of