7236 Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Proposed Rules 

action’’ and therefore is not subject to 

review by the Office of Management and 

Budget. For this reason, this action is 

also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action proposes to make 

a determination based on air quality 

data, and would, if finalized, result in 

the suspension of certain Federal 

requirements. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601, et seq.). Because this 

rule proposes to make a determination 

based on air quality data, and would, if 

finalized, result in the suspension of 

certain Federal requirements, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

This proposed rule also does not have 

tribal implications because it will not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

proposed action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

proposes to make a determination based 

on air quality data and would, if 

finalized, result in the suspension of 

certain Federal requirements, and does 

not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. This proposed rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it proposes to determine that air 

quality in the affected area is meeting 

Federal standards. 

The requirements of section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply because it would 

be inconsistent with applicable law for 

EPA, when determining the attainment 

status of an area, to use voluntary 

consensus standards in place of 

promulgated air quality standards and 

monitoring procedures that otherwise 

satisfy the provisions of the Clean Air 

Act. 

This proposed rule does not impose 

an information collection burden under 

the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501, 

et seq.) 

Under Executive Order 12898, EPA 

finds that this rule involves a proposed 

determination of attainment based on 

air quality data and will not have 

disproportionately high and adverse 

human health or environmental effects 

on any communities in the area, 

including minority and low-income 

communities. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401, et seq. 

Dated: January 30, 2008. 

Robert W. Varney, 

Regional Administrator, EPA New England. 

[FR Doc. E8–2251 Filed 2–6–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R6–ES–2008–0023; 1111 FY07 MO–

B2] 

Endangered and Threatened Wildlife 

and Plants; 12-Month Finding on a 

Petition To List the Bonneville 

Cutthroat Trout (Oncorhynchus clarki 

utah) as Threatened or Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice; initiation of status 

review, and solicitation of new 

information. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

opening of a public comment period 

regarding the status of the Bonneville 

cutthroat trout (Oncorhynchus clarki 

utah) throughout its range in the United 

States. The 12-month finding for this 

subspecies, published in the Federal 

Register on October 9, 2001, has been 

withdrawn by the Service (Stansell 

Memorandum, August 24, 2007) due to 

the subsequent development of a formal 

opinion (Department of the Interior, 

March 16, 2007) regarding the legal 

interpretation of the term ‘‘significant 

portion of the range’’ of a species. The 

status review will include analysis of 

whether any significant portion of the 

range of the Bonneville cutthroat trout 

warrants listing as threatened or 

endangered under the Endangered 

Species Act of 1973, as amended (Act). 

Through this action, we encourage all 

interested parties to provide us 

information regarding the status of, and 

any potential threats to, the Bonneville 

cutthroat trout throughout its range, or 

any significant portion of its range. 

DATES: To be fully considered for the 12- 

month finding, comments must be 

submitted on or before April 7, 2008. 

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: FWS–R6–

ES–2008–0023; 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: 

Larry Crist, Field Supervisor, Utah Field 

Office, U.S. Fish and Wildlife Service, at 

the above address, or phone (801) 975–

3330, ext. 126. Additional information 

is available at http://www.fws.gov/ 

mountain-prairie/species/fish/bct/. 

SUPPLEMENTARY INFORMATION: 

Public Comments Solicited 

To ensure that the status review is 

complete and based on the best 

available scientific and commercial 

information, we are soliciting 

information concerning the status of the 

Bonneville cutthroat trout. We request 

any additional information, comments, 

and suggestions from the public, other 

concerned governmental agencies, 

Native American Tribes, the scientific 

community, industry, or any other 

interested parties. We are opening a 60- 

day comment period to allow all 

interested parties an opportunity to 

provide information on the status of the 

Bonneville cutthroat trout throughout 

its range, including: 

(1) Information regarding the species’

historical and current population status, 

distribution, and trends; its biology and 

ecology; and habitat selection; 

(2) Information on the effects of 

potential threat factors that are the basis 


rfrederick on PROD1PC67 with PROPOSALS
Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Proposed Rules 7237 

for a species’ listing determination 

under section 4(a) of the Act (16 U.S.C. 

1531 et seq.), which are: 

(a) The present or threatened 

destruction, modification, or 

curtailment of the species’ habitat or 

range; 

(b) Overutilization for commercial, 

recreational, scientific, or educational 

purposes; 

(c) Disease or predation; 

(d) Inadequacy of existing regulatory 

mechanisms; and 

(e) Other natural or manmade factors 

affecting its continued existence. 

(3) Information on management 

programs for the conservation of the 

Bonneville cutthroat trout. 

Please note that comments merely 

stating support for or opposition to the 

action under consideration without 

providing supporting information, 

although noted, will not be considered 

in making a determination, because 

section 4(b)(1)(A) of the Act directs that 

determinations as to whether any 

species is a threatened or endangered 

species must be made ‘‘solely on the 

basis of the best scientific and 

commercial data available.’’ At the 

conclusion of the status review, we will 

issue a new 12-month finding on the 

petition, as provided in section 

4(b)(3)(B) of the Act. 

You may submit your comments and 

materials concerning this finding by one 

of the methods listed in the ADDRESSES

section. We will not accept comments 

you send by e-mail or fax. 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that we 

will post your entire comment—

including your personal identifying 

information-on http:// 

www.regulations.gov. While you can ask 

us in your comment to withhold your 

personal identifying information from 

public review, we cannot guarantee that 

we will be able to do so. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this finding, 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’s Utah Field Office, 2369 West 

Orton Circle, Suite 50, West Valley City, 

Utah 84119, telephone (801) 975–3330. 

Background 

Section 1533(b)(3)(A) and (B) of the 

Endangered Species Act of 1973, as 

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

requires that, for any petition to revise 

the Lists of Threatened and Endangered 

Wildlife and Plants, to the maximum 

extent practicable, within 90 days after 

receiving the petition, the Secretary 

shall make a finding as to whether the 

petition presents substantial scientific 

or commercial information indicating 

that the petitioned action may be 

warranted. In addition, that within 12 

months after receiving a petition that is 

found to present substantial information 

indicting that the petitioned action may 

be warranted, the Secretary shall make 

a finding 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. This notice is to initiate a 12- 

month finding. 

On October 9, 2001, we announced 

our 12-month finding (66 FR 51362) in 

which we found that, after reviewing 

the best available scientific and 

commercial information, listing the 

Bonneville cutthroat trout was not 

warranted. We were sued by the Center 

for Biological Diversity on February 17, 

2005 on the merits of the 12-month 

finding. On March 7, 2007, the District 

Court of Colorado dismissed the lawsuit 

after determining that Plaintiffs failed to 

demonstrate the not warranted finding 

was arbitrary, capricious, or contrary to 

law. Plaintiffs appealed to the 10th 

Circuit Court of Appeals. However, due 

to subsequent development of a formal 

opinion (Department of the Interior, 

March 16, 2007) regarding the legal 

interpretation of the term ‘‘significant 

portion of the range’’ of a species, we 

withdrew our finding (Stansell 

Memorandum, August 24, 2007). The 

lawsuit was subsequently dismissed and 

the case was closed on May 14, 2007. 

The new status review will include an 

analysis of whether any significant 

portion of the range of the Bonneville 

cutthroat trout warrants listing as 

threatened or endangered under the Act. 

At this time, we are soliciting new 

information on the status and potential 

threats to the Bonneville cutthroat trout. 

Information submitted in response to 

our 2001 12-month finding will be 

considered and need not be 

resubmitted. We will base our 12-month 

finding on a review of the best scientific 

and commercial information available, 

including all information received as a 

result of this notice. For more 

information on the biology, habitat, and 

range of the Bonneville cutthroat trout, 

please refer to our previous 12-month 

finding published in the Federal 

Register on October 9, 2001 (66 FR 

51362). 

We request any new information 

concerning the status of the Bonneville 

cutthroat trout. If you submit 

information, support it with 

documentation such as maps, 

bibliographic references, methods used 

to gather and analyze the data, or copies 

of any pertinent publications, reports, or 

letters by knowledgeable sources. We 

specifically request information 

regarding data from any systematic 

surveys, as well as any studies or 

analysis of data regarding population 

size or trends; biology or ecology of the 

species; effects of current land 

management on population distribution 

and abundance; current condition of 

habitat; and conservation measures that 

have been implemented to benefit the 

species. Additionally, we specifically 

request information on the current 

distribution of populations, and threats 

to the subspecies in relation to the five 

listing factors (as defined in section 

4(a)(1) of the Act). 

Author 

The primary authors of this document 

are staff of U.S. Fish and Wildlife 

Service, Utah Field Office—Ecological 

Services. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

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

Dated: February 1, 2008. 

H. Dale Hall, 

Director, Fish and Wildlife Service. 

[FR Doc. E8–2222 Filed 2–6–08; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R2–ES–2008–0018; 92210–1117–

0000–B4] 

RIN 1018–AV25 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for the Devils River Minnow 

(Dionda diaboli) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

comment period, notice of availability 

of draft economic analysis, amended 

required determinations, and notice of 

public hearing. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the comment period on the 

proposed designation of critical habitat 

for the Devils River minnow (Dionda 

diaboli) under the Endangered Species 


rfrederick on PROD1PC67 with PROPOSALS