55450 Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

*Elevation in feet 

(NGVD) 

+Elevation in feet 

(NAVD) 

#Depth in feet 

above ground 

modified 

Communities affected 

ADDRESSES 

City of Worland 

Maps are available for inspection at 1001 Big Horn Avenue, Worland, WY 82401. 

Town of Ten Sleep 

Maps are available for inspection at 1001 Big Horn Avenue, Worland, WY 82401. 

Unincorporated Areas of Washakie County 

Maps are available for inspection at 1001 Big Horn Avenue, Worland, WY 82401. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: September 15, 2008. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E8–22524 Filed 9–24–08; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 22 

Public Mobile Services 

CFR Correction 

In title 47 of the Code of Federal 

Regulations, part 22, revised as of Oct. 

1, 2007, on page 78, in § 22.709, 

paragraph (b)(3) is reinstated to read as 

follows: 

§ 22.709 Rural radiotelephone service 

application requirements. 

* * * * * 

(b)* * * 

* * * * * 

(3) The center frequency of each 

channel requested, the maximum 

effective radiated power, the effective 

radiated power in each of the cardinal 

radial directions, any non-standard 

emission types to be used, including 

bandwidth and modulation type, the 

transmitter classification (e.g. central 

office), and the locations and call signs, 

if any, of any fixed points of 

communication. 

* * * * * 

[FR Doc. E8–22599 Filed 9–24–08; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES AGENCY 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 51 

Use of Government Sources by 

Contractors 

CFR Correction 

In title 48 of the Code of Federal 

Regulations, part 51, revised as of 

October 1, 2007, on page 956, in 

§ 51.107, the last sentence is removed. 

[FR Doc. E8–22596 Filed 9–24–08; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES AGENCY 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 422 

Application of Labor Laws to 

Government Acquisitions 

CFR Correction 

In title 48 of the Code of Federal 

Regulations, part 422, revised as of 

October 1, 2007, on page 127, 

§§ 422.1303 and 422.1306 are 

redesignated as §§ 422.1305 and 

422.1308, respectively. 

[FR Doc. E8–22597 Filed 9–24–08; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 21 

[FWS–R9–MB–2007–0012; 91200–1231– 

9BPP] 

RIN 1018–AV35 

Migratory Bird Permits; Revisions to 

Migratory Bird Import and Export 

Regulations 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Correcting amendments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, published a document 

in the Federal Register on August 13, 

2008 that revised the regulations 

governing migratory bird permitting. 

That document inadvertently used the 

term ‘‘migratory game birds’’ in a way 

that contradicts the existing definition 

of that term elsewhere in our 

regulations. This document corrects the 

final regulations. 

DATES: This rule is effective on 

September 25, 2008. 

FOR FURTHER INFORMATION CONTACT: Dr. 

George T. Allen, Division of Migratory 

Bird Management, U.S. Fish and 

Wildlife Service, 703–358–1825. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 13, 2008, we published a 

document in the Federal Register (73 

FR 47092) that revised the regulations 

governing migratory bird permitting at 

50 CFR part 21. Section 21.21(b) of the 

revised regulations concern import and 

export permits for migratory birds. In 

that section, we inadvertently used the 

term ‘‘migratory game birds’’ in a way 

that contradicts the existing definition 

of that term in our regulations at 50 CFR 

20.11(a). The definition at 50 CFR 

20.11(a) limits the definition of 

‘‘migratory game birds’’ to, among other 

things, those migratory birds ‘‘for which 


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Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Rules and Regulations 55451 

open seasons are prescribed’’ in part 20. 

Because of this definition, many of the 

migratory birds that we had intended 50 

CFR 21.21(b) to cover are not covered by 

the new regulations. We are therefore 

publishing this document to correct the 

final regulations by revising § 21.21(b) 

to remove the term ‘‘migratory game 

birds’’ and instead use the more generic 

term ‘‘migratory birds.’’ 

List of Subjects in 50 CFR Part 21 

Exports, Hunting, Imports, Reporting 

and recordkeeping requirements, 

Transportation, Wildlife. 

■ Accordingly, 50 CFR part 21 is 

corrected by making the following 

correcting amendments: 

PART 21—MIGRATORY BIRD PERMITS 

■ 1. The authority citation for part 21 

continues to read as follows: 

Authority: Migratory Bird Treaty Act, 40 

Stat. 755 (16 U.S.C. 703); Public Law 95–616, 

92 Stat. 3112 (16 U.S.C. 712(2)); Public Law 

106–108, 113 Stat. 1491, Note following 16 

U.S.C. 703. 

§ 21.21 [Amended] 

■ 2. In § 21.21, amend paragraph (b) 

introductory text by: 

■ a. Removing the words ‘‘Game bird’’ 

from the heading; and 

■ b. Removing the word ‘‘game’’ both 

times that it appears in the second and 

third sentences. 

Dated: September 19, 2008. 

Sara Prigan, 

Federal Register Liaison. 

[FR Doc. E8–22516 Filed 9–24–08; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 223 

[Docket No. 070727426–81200–01] 

RIN 0648–AV18 

Endangered and Threatened Species: 

Final Protective Regulations for 

Threatened Puget Sound Steelhead 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: We, NMFS, apply the 

Endangered Species Act (ESA) 

protective regulations for threatened 

West Coast salmon and steelhead to the 

distinct population segment (DPS) of 

steelhead (Oncorhynchus mykiss) in 

Puget Sound, Washington. 

DATES: The effective date of this rule is 

October 27, 2008. 

ADDRESSES: NMFS, Protected Resources 

Division, 1201 NE Lloyd Boulevard, 

Suite 1100, Portland, OR 97232. 

FOR FURTHER INFORMATION CONTACT: 

Steve Stone, NMFS, Northwest Region, 

at (503) 231–2317; or Marta Nammack, 

NMFS, Office of Protected Resources, at 

(301) 713 1401. Reference materials 

regarding protective regulations for this 

and other threatened salmonids are 

available upon request or on the Internet 

at http://www.nwr.noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

ESA section 9(a)(1) (16 U.S.C. 

1538(a)(1)) prohibits ‘‘take’’ and import/ 

export of, and commercial transactions 

involving, all species listed as 

endangered. The term ‘‘take’’ is defined 

under the ESA as ‘‘to harass, harm, 

pursue, hunt, shoot, wound, kill, trap, 

capture or collect, or to attempt to 

engage in any such conduct’’ (Section 

3(19), 16 U.S.C. 1532 (19)). In the case 

of threatened species, section 4(d) of the 

ESA directs the Secretary of Commerce 

(Secretary) to issue regulations he or she 

deems necessary and advisable for the 

conservation of the species. The 4(d) 

protective regulations may prohibit, 

with respect to threatened species, some 

or all of the acts which section 9(a)(1) 

of the ESA prohibits with respect to 

endangered species. These 9(a)(1) 

prohibitions and 4(d) regulations apply 

to all individuals, organizations, and 

agencies subject to U.S. jurisdiction. 

Since 1997 we have promulgated a 

total of 29 limits to the ESA section 9(a) 

take prohibitions for 21 threatened 

Pacific salmon and steelhead 

Evolutionarily Significant Units (ESUs) 

or Distinct Populations Segments (DPSs) 

(62 FR 38479, July 18, 1997; 65 FR 

42422, July 10, 2000; 65 FR 42485, July 

10, 2000; 67 FR 1116, January 9, 2002; 

73 FR 7816, February 11, 2008). On June 

28, 2005, as part of the final listing 

determinations for 16 ESUs of West 

Coast salmon, we amended and 

streamlined the previously promulgated 

4(d) protective regulations for 

threatened salmon and steelhead (70 FR 

37160). We took this action to provide 

appropriate flexibility to ensure that 

fisheries and artificial propagation 

programs are managed consistently with 

the conservation needs of threatened 

salmon and steelhead. Under this 

change, the section 4(d) protections 

apply to natural and hatchery fish with 

an intact adipose fin, but not to listed 

hatchery fish that have had their 

adipose fin removed prior to release into 

the wild. Additionally, we made several 

simplifying and clarifying changes to 

the 4(d) protective regulations including 

updating an expired limit 

(§ 223.203(b)(2)), providing a temporary 

exemption for ongoing research and 

enhancement activities, and applying 

the same set of 14 limits to all 

threatened Pacific salmon and steelhead 

ESUs or DPSs. 

On March 29, 2006, we proposed to 

list the Puget Sound steelhead DPS as a 

threatened species (71 FR 15666). On 

February 7, 2007 (72 FR 5648), we 

proposed protective regulations for 

Puget Sound steelhead under section 

4(d) of the ESA. On May 11, 2007, we 

issued a final determination listing the 

Puget Sound steelhead DPS as 

threatened, and we announced that we 

would finalize protective regulations in 

a subsequent Federal Register notice (72 

FR 26722). In this final rule we apply 

the 4(d) protective regulations adopted 

for other Pacific salmonids, as amended 

in June 2005 (70 FR 37160; June 28, 

2005), to Puget Sound steelhead. 

Summary of Comments Received in 

Response to the Proposed Rule 

We solicited public comment on the 

proposed protective regulations and 

draft Environmental Assessment (EA) 

(72 FR 5648; February 7, 2007) and 

received nine comments in response. 

Comments received consisted of e-mails 

and letters submitted by or for the 

following entities: Lummi Nation, 

Muckleshoot Indian Tribe, Native Fish 

Society, Port Gamble S’Klallam and 

Jamestown S’Klallam Tribes, Tulalip 

Tribes of Washington, U.S. Department 

of Interior, Washington Forest 

Protection Association, Western States 

Petroleum Association, and Wild Fish 

Conservancy. Copies of the full text of 

comments received are available upon 

request (see ADDRESSES and FOR

FURTHER INFORMATION CONTACT). Below 

we address the comments received that 

pertain to proposed protective 

regulations for Puget Sound steelhead. 

Comment 1: One commenter 

recommended that we re-open the 

comment period on the proposed 4(d) 

limits after making a final listing 

determination. This commenter also 

believed that we should explain each of 

the 4(d) limits in greater detail to 

prevent confusion regarding which 4(d) 

limits would be in effect for Puget 

Sound steelhead. 

Response: We have described the 

same 4(d) limits presently being applied 

to Puget Sound steelhead in previously 

published Federal Register notices (65 

FR 42422, July 10, 2000; 65 FR 42485, 

July 10, 2000; 69 FR 33102; June 14, 


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