Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Proposed Rules 56975 

rule is not a ‘‘significant energy action’’ 

under Executive Order 13211 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. Further, the Administrator of 

the Office of Information and Regulatory 

Affairs has not identified this proposal 

as a significant energy action. 

List of Subjects 

49 CFR Part 192 

Incorporation by reference, Gas, 

Natural gas, Pipeline safety, Reporting 

and recordkeeping requirements. 

49 CFR Part 195 

Anhydrous ammonia, Carbon dioxide, 

Incorporation by reference, Petroleum, 

Pipeline safety, Reporting and 

recordkeeping requirements. 

For the reasons provided in the 

preamble, PHMSA proposes to amend 

49 CFR parts 192 and 195 as follows: 

PART 192—TRANSPORTATION OF 

NATURAL GAS AND OTHER GAS BY 

PIPELINE: MINIMUM FEDERAL 

SAFETY STANDARDS 

1. The authority citation for part 192 

continues to read as follows: 

Authority: 49 U.S.C. 5103, 60102, 60104, 

60108, 60109, 60110, 60113, 60116, 60118, 

and 60137; and 49 CFR 1.53. 

2. Amend § 192.631 by revising the 

last sentence in paragraph (a)(2) to read 

as follows: 

§ 192.631 Control room management. 

(a) * * * 

(2) * * * An operator must develop 

and implement the procedures no later 

than August 1, 2011, except the 

procedures required by paragraphs (c)(1) 

through (c)(4) and (e) of this section 

must be developed no later than August 

1, 2011, and implemented no later than 

August 1, 2012. 

* * * * * 

PART 195—TRANSPORTATION OF 

HAZARDOUS LIQUIDS BY PIPELINE 

3. The authority citation for part 195 

continues to read as follows: 

Authority: 49 U.S.C. 5103, 60102, 60104, 

60108, 60109, 60116, 60118, and 60137; and 

49 CFR 1.53. 

4. Amend § 195.446 by revising the 

last sentence in paragraph (a) to read as 

follows: 

§ 195.446 Control room management. 

(a) * * * An operator must develop 

and implement the procedures no later 

than August 1, 2011, except the 

procedures required by paragraphs (c)(1) 

through (c)(4) and (e) of this section 

must be developed no later than August 

1, 2011, and implemented no later than 

August 1, 2012. 

* * * * * 

Issued in Washington, DC on September 

10, 2010. 

Jeffrey D. Wiese, 

Associate Administrator for Pipeline Safety. 

[FR Doc. 2010–23227 Filed 9–16–10; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 16 

[Docket No. FWS–R9–FHC–2009–0093; 

94140–1342–0000–N5] 

RIN 1018–AX05 

Injurious Wildlife Species; Review of 

Information Concerning a Petition To 

List All Live Amphibians in Trade as 

Injurious Unless Free of 

Batrachochytrium dendrobatidis 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of inquiry. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are reviewing 

a petition to list, under the Lacey Act, 

all live amphibians or their eggs in trade 

as injurious unless certified as free of 

Batrachochytrium dendrobatidis 

(chytrid fungus). The importation and 

introduction of live amphibians infected 

with chytrid fungus into the natural 

ecosystems of the United States may 

pose a threat to interests of agriculture, 

horticulture, forestry, or to wildlife or 

the wildlife resources of the United 

States. An injurious wildlife listing 

would prohibit the importation of live 

amphibians or their eggs infected with 

chytrid fungus into, or transportation 

between, States, the District of 

Columbia, the Commonwealth of Puerto 

Rico, or any territory or possession of 

the United States by any means, without 

a permit. We may issue permits for 

scientific, medical, educational, or 

zoological purposes. This document 

seeks information from the public to aid 

in determining if a proposed rule is 

warranted. 

DATES: We will consider information 

received or postmarked on or before 

December 16, 2010. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments to 

Docket No. FWS–R9–FHC–2009–0093. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: Docket No. 

FWS–R9–FHC–2009–0093, Division of 

Policy and Directives Management, U.S. 

Fish and Wildlife Service, 4401 North 

Fairfax Drive, Suite 222, Arlington, VA 

22203. 

FOR FURTHER INFORMATION CONTACT: 

Susan Jewell, Branch of Aquatic 

Invasive Species, U.S. Fish and Wildlife 

Service, MS 770, 4401 N. Fairfax Drive, 

Arlington, VA 22203; telephone 703– 

358–2416. If you use a 

telecommunications device for the deaf 

(TDD), call the Federal Information 

Relay Service (FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: On 

September 9, 2009, Department of the 

Interior Secretary Ken Salazar received 

a petition from the Defenders of Wildlife 

requesting that live amphibians or their 

eggs in trade be considered for inclusion 

in the injurious wildlife regulations (50 

CFR part 16) under the Lacey Act (18 

U.S.C. 42) unless they are free of 

Batrachochytrium dendrobatidis 

(chytrid fungus). The Defenders of 

Wildlife is concerned that unregulated 

trade—primarily for pet use and as live 

animals for consumption as frog legs— 

continues to threaten the survival of 

many amphibian species, including 

domestic and foreign species listed by 

the Service under the Endangered 

Species Act of 1973 as amended (ESA; 

16 U.S.C. 1531 et seq.), candidate 

species, and other species. 

Specifically, the petition to Secretary 

Salazar proposes the following revision 

to the Service regulations at 50 CFR 

16.14. 

Importation of live amphibians or their 

eggs. All live amphibians and their eggs are 

prohibited entry into the United States, or to 

be exported from the United States, or 

transported in interstate commerce, for any 

purposes, except in compliance with this 

section. Upon the filing of a written 

declaration with the District Director of 

Customs at the port of entry as required 

under § 14.61, species of live amphibians or 

their eggs may be imported, transported, and 

possessed in captivity only if the shipment 

complies with a certification and handling 

system that meets or exceeds 

recommendations of the World Organization 

for Animal Health in its Aquatic Animal 

Health Code on Batrachochytrium 

dendrobatidis. No such live amphibians or 

any progeny or eggs thereof may be released 

into the wild except by the State wildlife 

conservation agency having jurisdiction over 

the area of release or by persons having prior 

written permission for release from such 

agency. All live amphibians and their eggs 

are prohibited from interstate commerce in 

the United States and from export out of the 

United States unless in a shipment 

accompanied by a written declaration, in 

such form as the Director of the Fish and 

Wildlife Service shall provide, which 


wwoods2 on DSKDVH8Z91PROD with PROPOSALS-1
56976 Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Proposed Rules 

indicates the shipment meets or exceeds the 

recommendations of the World Organization 

for Animal Health in its Aquatic Animal 

Health Code on Batrachochytrium 

dendrobatidis. 

We are seeking information on the 

importation and transportation of live 

amphibians or their eggs and chytrid 

fungus (also known as 

chytridiomycosis) for possible addition 

to the injurious wildlife list under the 

Lacey Act. 

The regulations contained in 50 CFR 

part 16 implement the Lacey Act. Under 

the terms of the injurious wildlife 

provisions of the Lacey Act, the 

Secretary of the Interior is authorized to 

prohibit the importation and interstate 

transportation of species designated by 

the Secretary as injurious. Injurious 

wildlife are those species, offspring, and 

eggs that are injurious or potentially 

injurious to wildlife or wildlife 

resources, to human beings, or to the 

interests of forestry, horticulture, or 

agriculture of the United States. Wild 

mammals, wild birds, fish, mollusks, 

crustaceans, amphibians, and reptiles 

are the only organisms that can be 

added to the injurious wildlife list. The 

lists of injurious wildlife are provided at 

50 CFR 16.11–16.15. If the process 

initiated by this notice results in the 

addition of a species to the list of 

injurious wildlife contained in 50 CFR 

part 16, their importation into or 

transportation between States, the 

District of Columbia, the 

Commonwealth of Puerto Rico, or any 

territory or possession of the United 

States would be prohibited, except by 

permit for zoological, educational, 

medical, or scientific purposes (in 

accordance with permit regulations at 

50 CFR 16.22), or by Federal agencies 

without a permit solely for their own 

use. 

Public Comments 

This notice of inquiry requests 

biological, economic, or other data 

regarding the addition of live 

amphibians as injurious unless free of 

Batrachochytrium dendrobatidis 

(chytrid fungus) to the list of injurious 

wildlife. This information, along with 

other sources of data, will be used to 

determine if live amphibians or their 

eggs that are infected with 

Batrachochytrium dendrobatidis are a 

threat, or potential threat, to those 

interests of the United States delineated 

above, and thus warrant addition to the 

list of injurious wildlife in 50 CFR 

16.14. 

You may submit your information and 

materials concerning this notice of 

inquiry by one of the methods listed in 

the ADDRESSES section. If you submit a 

comment via http:// 

www.regulations.gov, your entire 

comment, including any personal 

identifying information, will be posted 

on the Web site. If you submit a 

hardcopy comment 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 comments on 

http://www.regulations.gov. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this notice of inquiry, 

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, Room 770, 4401 North Fairfax 

Drive, Arlington, VA 22203. 

We are soliciting information and 

supporting data from the public to gain 

substantive information, and we 

specifically seek information on the 

following questions regarding the 

importation of live amphibians and 

their eggs infected with 

Batrachochytrium dendrobatidis 

(chytrid fungus): 

(1) What Federal, State, or tribal 

regulations exist to prevent the spread 

of chytrid fungus? 

(2) Are there any known mechanisms 

in the United States to test for, control, 

or regulate movement or interstate 

transport of chytrid fungus? 

(3) How many businesses import live 

amphibians or their eggs into the United 

States? 

(4) How many businesses sell live 

amphibians or their eggs for interstate 

commerce? 

(5) What are the annual sales of these 

imported live amphibians and their 

eggs? 

(6) What species of amphibians, fish, 

or other class of animal have been 

affected by chytrid fungus in the United 

States and how were they infected? 

(7) What are the current and potential 

effects to species listed as threatened or 

endangered under the ESA that are 

contaminated with chytrid fungus? 

(8) What are the potential costs of 

recovering threatened or endangered 

species affected by chytrid fungus? 

(9) What is the likelihood that wild 

amphibians would be affected by the 

importation of live amphibians or their 

eggs that harbor chytrid fungus? 

(10) What would it cost to eradicate 

chytrid fungus? 

(11) Are there any potential benefits 

to allowing the chytrid fungus pathogen 

to be imported? 

(12) What is the potential for the 

industries that conduct trade in 

amphibians to self-police through 

voluntary best practices; for example, 

how successful is the ‘‘Bd-Free ‘Phibs 

Campaign’’ sponsored by the Pet 

Industry Joint Advisory Council? 

(13) What peer-reviewed methods for 

detecting chytrid fungus have been 

published? 

(14) Are there any other comments or 

information regarding the listing of live 

amphibians as injurious unless free of 

chytrid fungus? 

Dated: September 10, 2010. 

Thomas L. Strickland, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2010–23039 Filed 9–16–10; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 100830407–0410–02] 

RIN 0648–XY51 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Annual Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule. 

SUMMARY: NMFS proposes a regulation 

to implement the annual harvest 

guideline (HG) for Pacific mackerel in 

the U.S. exclusive economic zone (EEZ) 

off the Pacific coast. This HG is 

proposed according to the regulations 

implementing the Coastal Pelagic 

Species (CPS) Fishery Management Plan 

(FMP) and establishes allowable harvest 

levels for Pacific mackerel off the Pacific 

coast. The proposed total HG for the 

2010–2011 fishing year is 11,000 metric 

tons (mt) and is proposed to be divided 

into a directed fishery HG of 8,000 mt 

and an incidental fishery of 3,000 mt. 

DATES: Comments must be received by 

October 18, 2010. 

ADDRESSES: You may submit comments 

on this proposed rule identified by 

0648–XY51 by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov 

• Mail: Rodney R. McInnis, Regional 

Administrator, Southwest Region, 

NMFS, 501 West Ocean Blvd., Suite 

4200, Long Beach, CA 90802. 


wwoods2 on DSKDVH8Z91PROD with PROPOSALS-1