57644 Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 

integrity of DHS or is necessary to 

demonstrate the accountability of DHS’s 

officers, employees, or individuals 

covered by the system, except to the 

extent it is determined that release of 

the specific information in the context 

of a particular case would constitute an 

unwarranted invasion of personal 

privacy. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records in this system are stored 

electronically or on paper in secure 

facilities in a locked drawer behind a 

locked door. The records are stored on 

magnetic disc, tape, digital media, and 

CD–ROM. 

RETRIEVABILITY: 

Records may be retrieved by the 

employee/guardian’s name and by the 

child’s name. 

SAFEGUARDS: 

Records in this system are 

safeguarded in accordance with 

applicable rules and policies, including 

all applicable DHS automated systems 

security and access policies. Strict 

controls have been imposed to minimize 

the risk of compromising the 

information that is being stored. Access 

to the computer system containing the 

records in this system is limited to those 

individuals who have a need to know 

the information for the performance of 

their official duties and who have 

appropriate clearances or permissions. 

RETENTION AND DISPOSAL: 

Child’s record file is destroyed three 

years after date of last action. 

Registration/medical forms may be sent 

to another facility if a child transfers. 

Child Care Food Program eligibility 

records are transferred to an audit file at 

the end of each year where they are not 

retrieved by child’s name. Records 

subject to an audit are destroyed after 

three years or after being audited, 

whichever is sooner. 

SYSTEM MANAGER AND ADDRESS: 

For Headquarters components of DHS, 

the System Manager is the Director of 

Departmental Disclosure, Department of 

Homeland Security, Washington, DC 

20528. For components of DHS, the 

System Manager can be found at http:// 

www.dhs.gov/foia under ‘‘contacts.’’ 

NOTIFICATION PROCEDURE: 

Individuals seeking notification of 

and access to any record contained in 

this system of records, or seeking to 

contest its content, may submit a 

request in writing to the Headquarters’ 

or component’s FOIA Officer, whose 

contact information can be found at 

http://www.dhs.gov/foia under 

‘‘contacts.’’ If an individual believes 

more than one component maintains 

Privacy Act records concerning him or 

her the individual may submit the 

request to the Chief Privacy Officer, 

Department of Homeland Security, 245 

Murray Drive, SW., Building 410, 

STOP–0550, Washington, DC 20528. 

When seeking records about yourself 

from this system of records or any other 

Departmental system of records your 

request must conform with the Privacy 

Act regulations set forth in 6 CFR part 

5. You must first verify your identity, 

meaning that you must provide your full 

name, current address and date and 

place of birth. You must sign your 

request, and your signature must either 

be notarized or submitted under 28 

U.S.C. 1746, a law that permits 

statements to be made under penalty of 

perjury as a substitute for notarization. 

While no specific form is required, you 

may obtain forms for this purpose from 

the Director, Disclosure and FOIA, 

http://www.dhs.gov or 1–866–431–0486. 

In addition you should provide the 

following: 

• An explanation of why you believe 

the Department would have information 

on you, 

• Identify which component(s) of the 

Department you believe may have the 

information about you, 

• Specify when you believe the 

records would have been created, 

• Provide any other information that 

will help the FOIA staff determine 

which DHS component agency may 

have responsive records, 

• If your request is seeking records 

pertaining to another living individual, 

you must include a statement from that 

individual certifying his/her agreement 

for you to access his/her records. 

Without this bulleted information the 

component(s) may not be able to 

conduct an effective search, and your 

request may be denied due to lack of 

specificity or lack of compliance with 

applicable regulations. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification procedure’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification procedure’’ above. 

RECORD SOURCE CATEGORIES: 

Records are generated from guardians 

and child’s medical care providers. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

Dated: September 23, 2008. 

Hugo Teufel III, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E8–23306 Filed 10–2–08; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R1–ES–2008–N0222; 81440–1112– 

0000 ABC Code F2] 

Endangered and Threatened Wildlife 

and Plants; Incidental Take Permits in 

Santa Cruz County, CA 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of receipt of applications 

for permit. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), announce the 

availability of five Incidental Take 

Permit applications and Habitat 

Conservation Plans (HCPs) under 

section 10(a)(1)(B) of the Endangered 

Species Act of 1973, as amended (Act). 

The applicants collectively anticipate 

removing a total of approximately 2.04 

acres of Mount Hermon June beetle 

(Polyphylla barbata) occupied habitat, 

and one HCP also includes the federally 

endangered Ben Lomond spineflower 

(Chorizanthe pungens var. hartwegiana) 

as a covered species. We are requesting 

comments on the permit applications 

and on our preliminary determination 

that the proposed HCPs qualify as ‘‘low 

effect’’ HCPs, eligible for a categorical 

exclusion under the National 

Environmental Policy Act of 1969, as 

amended. 

DATES: Written comments should be 

received on or before November 3, 2008. 

ADDRESSES: Please address written 

comments to Diane Noda, Field 

Supervisor, Ventura Fish and Wildlife 

Office, U.S. Fish and Wildlife Service, 

2493 Portola Road, Suite B, Ventura, 

California 93003. You may also send 

comments by facsimile to (805) 644– 

3958. To obtain copies of draft 

documents, see ‘‘Availability of 

Documents’’ under SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: Jen 

Lechuga, HCP Coordinator (see 

ADDRESSES), telephone: (805) 644–1766 

extension 224. 

SUPPLEMENTARY INFORMATION: 

Availability of Documents 

You may obtain copies of the 

applications and HCPs by contacting the 

HCP Coordinator (see FOR FURTHER

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INFORMATION CONTACT). Documents will 

also be available for review by 

appointment, during normal business 

hours, at the Ventura Fish and Wildlife 

Office (see ADDRESSES), or via the 

Internet at: http://www.fws.gov/ventura. 

Background 

Section 9 of the Act (16 U.S.C. 1531 

et seq.) and Federal regulations prohibit 

the ‘‘take’’ of fish or wildlife species 

listed as endangered or threatened, 

respectively. Take of listed fish or 

wildlife is defined under the Act to 

mean to harass, harm, pursue, hunt, 

shoot, wound, kill, trap, capture, or 

collect, or to attempt to engage in any 

such conduct. However, the Service, 

under limited circumstances, may issue 

permits to cover incidental take, i.e., 

take that is incidental to, and not the 

purpose of, the carrying out of an 

otherwise lawful activity. Regulations 

governing incidental take permits for 

threatened and endangered species are 

found at 50 CFR 17.32 and 17.22, 

respectively. Among other criteria, 

issuance of such permits must not 

jeopardize the existence of federally 

listed fish, wildlife, or plants. 

We announce the availability of five 

Incidental Take Permit (ITP) 

applications and Habitat Conservation 

Plans (HCPs) from the following five 

applicants: Blake Lane LLP, Larry 

Busch, Jim Sisk, Richard and Carolyn 

Tinkess, and Ed and Lita West. Blake 

Lane LLP, Larry Busch, and Jim Sisk 

each request an ITP for a duration of 5 

years; Richard and Carolyn Tinkess and 

Ed and Lita West each request an ITP for 

a duration of 3 years, under section 

10(a)(1)(B) of the Act. The applicants 

collectively anticipate removing a total 

of approximately 2.04 acres of Mount 

Hermon June beetle (Polyphylla 

barbata) occupied habitat incidental to 

constructing six condominiums, nine 

single-family homes, one single-family 

home relocation, and an addition to an 

existing single-family home in Santa 

Cruz County, California (Projects). 

The applicants’ HCPs describe the 

mitigation and minimization measures 

the applicants propose to address the 

effects of the Projects on the Mount 

Hermon June beetle. In addition, the 

Richard and Carolyn Tinkess HCP 

includes the federally endangered Ben 

Lomond spineflower (Chorizanthe 

pungens var. hartwegiana) as a covered 

species, and their HCP describes 

mitigation and minimization measures 

for this species as well. 

The Projects are located on soils 

known as ‘‘Zayante sands.’’ These soils 

support the Zayante sandhills 

ecosystem that occurs exclusively in the 

Santa Cruz Mountains near the city of 

Scotts Valley and the communities of 

Ben Lomond, Mount Hermon, Felton, 

Olympia, Corralitos, and Bonny Doon. 

The Mount Hermon June beetle is 

restricted to Zayante sands soils in the 

Scotts Valley-Mount Hermon-FeltonBen Lomond area and is found in 

association with vegetation of the 

Zayante sandhills, which is 

characterized by a mosaic of ponderosa 

pines (Pinus ponderosa), silverleaf 

manzanita (Arctostaphylos silvicola), 

and areas that are sparsely vegetated 

with grasses and herbs. 

The five applicants are requesting to 

remove approximately 2.04 acres of 

combined Mount Hermon June beetle 

habitat incidental to construction of the 

Projects. Residential construction of the 

six condominiums for Blake Lane LLP 

would occur within parcel 022–172–47 

in Scotts Valley, Santa Cruz County, 

California. Residential construction of 

two single-family homes and a singlefamily home relocation for Mr. and Mrs. 

Larry Busch would occur within parcel 

067–041–24 near the city of Scotts 

Valley, Santa Cruz County, California. 

Residential construction of six singlefamily homes for Jim Sisk would occur 

within parcels 021–231–09 and 021– 

071–02 near the city of Scotts Valley in 

Santa Cruz County, California. 

Residential construction of one singlefamily home for Richard and Carolyn 

Tinkess would occur within parcel 067– 

411–39 near the city of Scotts Valley in 

Santa Cruz County, California. 

Residential construction of a room 

addition to a single-family home for Ed 

and Lita West would occur within 

parcel 072–273–34 in Ben Lomond, 

Santa Cruz County, California. 

The parcels combined encompass 

about 3.54 acres, and the footprints of 

the homes, infrastructure, and 

landscaping would eliminate 2.04 acres 

of Mount Hermon June beetle habitat. 

To mitigate for incidental take on the 

project sites, the applicants propose to 

purchase a total of 2.33 acres of 

conservation credits for the Mount 

Hermon June beetle at the recently 

approved Ben Lomond Sandhills 

Preserve of the Zayante Sandhills 

Conservation Bank operated by PCO, 

LLC. In addition, the applicants will 

implement a number of minimization 

and mitigation measures intended to 

reduce impacts from the proposed 

Projects on the Mount Hermon June 

beetle. 

National Environmental Policy Act 

We are requesting comments on the 

permit applications and on our 

preliminary determination that the 

proposed Habitat Conservation Plans 

(HCP) qualify as ‘‘low effect’’ HCPs, 

eligible for a categorical exclusion under 

the National Environmental Policy Act 

(NEPA) of 1969, as amended (42 U.S.C. 

4321 et seq.). We explain the basis for 

this possible determination in draft 

Environmental Action Statements (EAS) 

and associated Low Effect Screening 

Forms. The Applicants’ Low Effect 

HCPs describe the mitigation and 

minimization measures they would 

implement, as required in section 

10(a)(2)(B) of the Act, to address the 

effects of the Projects on the Mount 

Hermon June beetle. The draft HCPs and 

EASs are available for public review. 

We have made a preliminary 

determination that the HCPs qualify as 

‘‘low-effect’’ plans as defined by our 

Habitat Conservation Planning 

Handbook (November 1996). Our 

determination that an HCP qualifies as 

a low-effect plan is based on the 

following criteria: (1) Implementation of 

the plan would result in minor or 

negligible effects on federally listed, 

proposed, and candidate species and 

their habitats; (2) implementation of the 

plan would result in minor or negligible 

effects on other environmental values or 

resources; and (3) impacts of the plan, 

considered together with the impacts of 

other past, present, and reasonably 

foreseeable similarly situated projects 

would not result, over time, in 

cumulative effects to the environmental 

values or resources that would be 

considered significant. As more fully 

explained in our EASs and associated 

Low Effect Screening Forms, the 

Applicants’ proposals for residential 

construction qualify as ‘‘low effect’’ 

plans for the following reasons: 

(1) Approval of the HCPs would result 

in minor or negligible effects on the 

Mount Hermon June beetle and Ben 

Lomond spineflower and their habitat. 

The Service does not anticipate 

significant direct or cumulative effects 

to the Mount Hermon June beetle or Ben 

Lomond spineflower resulting from the 

proposed Projects. 

(2) Approval of the HCPs would not 

have adverse effects on unique 

geographic, historic, or cultural sites, or 

involve unique or unknown 

environmental risks. 

(3) Approval of the HCPs would not 

result in any cumulative or growthinducing impacts and would not result 

in 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 

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57646 Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 

imposed for the protection of the 

environment. 

(5) Approval of the HCPs would not 

establish a precedent for future actions 

or represent a decision in principle 

about future actions with potentially 

significant environmental effects. 

The Service, therefore, has made a 

preliminary determination that 

approvals of the HCPs qualify as 

categorical exclusions under NEPA, as 

provided by the Department of the 

Interior Manual (516 DM 2, Appendix 1 

and 516 DM 6, Appendix 1). Based 

upon this preliminary determination, 

we do not intend to prepare further 

NEPA documentation. The Service will 

consider public comments in making its 

final determination on whether to 

prepare such additional documentation. 

Public Review and Comment 

We will evaluate the permit 

applications, HCPs, and comments 

submitted thereon to determine whether 

the applications meet the requirements 

of section 10(a) of the Act. If we 

determine that the applications meet 

those requirements, we will issue the 

ITPs for incidental take of the Mount 

Hermon June beetle. We will also 

evaluate whether issuance of the section 

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

of the Act by conducting an intraService section 7 consultation. We will 

use the results of this consultation, in 

combination with the above findings, in 

the final analysis to determine whether 

or not to issue the ITPs. 

If you wish to comment on the permit 

applications, draft Environmental 

Action Statements or the proposed 

HCPs, you may submit your comments 

to the address listed in the ADDRESSES

section of this document. Our practice 

is to make comments, including names, 

home addresses, etc., of respondents 

available for public review. Individual 

respondents may request that we 

withhold their names and/or home 

addresses, etc., but if you wish us to 

consider withholding this information 

you must state this prominently at the 

beginning of your comments. In 

addition, you must provide a rationale 

demonstrating and documenting that 

disclosure would constitute a clearly 

unwarranted invasion of privacy. In the 

absence of exceptional, documented 

circumstances, this information will be 

released. All submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, are 

available for public inspection in their 

entirety. 

The Service provides this notice 

pursuant to section 10(c) of the Act and 

pursuant to implementing regulations 

for NEPA (40 CFR 1506.6). 

Dated: September 29, 2008. 

Diane K. Noda, 

Field Supervisor, Ventura Fish and Wildlife 

Office, Ventura, California. 

[FR Doc. E8–23403 Filed 10–2–08; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Notice of Intent To Prepare an 

Environmental Impact Statement for 

the Proposed Big Sandy Casino and 

Resort Project, Fresno County, CA 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice advises the public 

that the Bureau of Indian Affairs (BIA) 

has replaced the National Indian 

Gaming Commission (NIGC) as lead 

agency in the preparation of an 

Environmental Impact Statement (EIS) 

for a proposed casino and hotel project 

to be located near Friant, in Fresno 

County, California. The BIA, with the 

Big Sandy Rancheria Band of Western 

Mono Indians (Tribe) as a cooperating 

agency, intends to gather information 

necessary for preparing the EIS. The 

NIGC initiated the public scoping 

process, including a public scoping 

meeting on September 15, 2005, to 

determine the issues, concerns and 

alternatives to be included in the EIS. 

The BIA is hereby continuing that 

process, but as project plans have not 

changed since the September 15, 2005, 

meeting, will not be holding additional 

public scoping meetings. 

DATES: Written comments on the scope 

and implementation of this proposal 

must arrive by November 4, 2008. 

ADDRESSES: You may mail or hand carry 

written comments to Dale Morris, 

Regional Director, Pacific Regional 

Office, Bureau of Indian Affairs, 2800 

Cottage Way, Sacramento, CA 95825. 

Please include your name, return 

address and the caption ‘‘DEIS Scoping 

Comments, Big Sandy Casino and Resort 

Project, Fresno County, California,’’ on 

the first page of your written comments. 

FOR FURTHER INFORMATION CONTACT: John 

Rydzik, (916) 978–6051. 

SUPPLEMENTARY INFORMATION: The 

proposed project will be located east of 

Friant in Fresno County, California, on 

undeveloped foothill property 

comprising approximately 48 acres of 

allotted Indian land currently held in 

trust by the United States for the 

beneficial interest of an individual 

member of the Tribe. The Tribe and the 

individual Indian allotee have executed 

and submitted for BIA approval a lease 

agreement granting use of the property 

to the Tribe for the development of a 

casino, resort hotel, and supporting 

facilities. The BIA’s proposed federal 

action is the approval of this lease 

agreement. 

The Big Sandy Rancheria is a 

federally recognized Indian Tribe with a 

land base near Auberry, California. The 

Tribe has approximately 450 members 

and is governed by a Tribal Council 

consisting of five members, under a 

federally approved constitution. The Big 

Sandy Rancheria currently has a 

federally approved tribal-state gaming 

compact with the State of California. 

Public Comment Availability 

Comments, including names and 

addresses of respondents, will be 

available for public review at the 

mailing address shown in the 

ADDRESSES section, during regular 

business hours, 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. Before including your address, 

telephone number, e-mail address or 

other personal identifying information 

in your comment, you should be aware 

that your entire comment—including 

your personal identifying information— 

may be made publicly available at any 

time. 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. 

Authority 

This notice is published in 

accordance with sections 1501.7 and 

1506.6 of the Council of Environmental 

Quality regulations (40 CFR parts 1500 

through 1508) implementing the 

procedural requirements of the National 

Environmental Policy Act of 1969, as 

amended (42 U.S.C. 4371 et seq.), the 

Department of the Interior Manual (516 

DM 1–6), and is in the exercise of 

authority delegated to the Assistant 

Secretary—Indian Affairs by 209 DM 

8.1. 

Dated: May 2, 2008. 

Carl J. Artman, 

Assistant Secretary—Indian Affairs. 

Editorial Note: This document was 

received in the Office of the Federal Register 

on September 30, 2008. 

[FR Doc. E8–23448 Filed 10–2–08; 8:45 am] 

BILLING CODE 4310–W7–P 

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