Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Proposed Rules 65671

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’)

Dated: December 11, 2001.

Robert F. Shea,

Acting Administrator, Federal Insurance and

Mitigation Administration.

[FR Doc. 01–31372 Filed 12–19–01; 8:45 am]

BILLING CODE 6718–04–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA–D–7516]

Proposed Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Proposed rule.

SUMMARY: Technical information or

comments are requested on the

proposed base (1% annual chance) flood

elevations and proposed base flood

elevation modifications for the

communities listed below. The base

flood elevations are the basis for the

floodplain management measures that

the community is required either to

adopt or to show evidence of being

already in effect in order to qualify or

remain qualified for participation in the

National Flood Insurance Program

(NFIP).

DATES: The comment period is ninety

(90) days following the second

publication of this proposed rule in a

newspaper of local circulation in each

community.

ADDRESSES: The proposed base flood

elevations for each community are

available for inspection at the office of

the Chief Executive Officer of each

community. The respective addresses

are listed in the following table.

FOR FURTHER INFORMATION CONTACT:

Matthew B. Miller, P.E., Chief, Hazards

Study Branch, Federal Insurance and

Mitigation Administration, Federal

Emergency Management Agency, 500 C

Street SW., Washington, DC 20472,

(202) 646–3461, or (email)

matt.miller@fema.gov.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

(FEMA or Agency) proposes to make

determinations of base flood elevations

and modified base flood elevations for

each community listed below, in

accordance with Section 110 of the

Flood Disaster Protection Act of 1973,

42 U.S.C. 4104, and 44 CFR 67.4(a).

These proposed base flood and

modified base flood elevations, together

with the floodplain management criteria

required by 44 CFR 60.3, are the

minimum that are required. They

should not be construed to mean that

the community must change any

existing ordinances that are more

stringent in their floodplain

management requirements. The

community may at any time enact

stricter requirements of its own, or

pursuant to policies established by other

Federal, state or regional entities. These

proposed elevations are used to meet

the floodplain management

requirements of the NFIP and are also

used to calculate the appropriate flood

insurance premium rates for new

buildings built after these elevations are

made final, and for the contents in these

buildings.

National Environmental Policy Act.

This proposed rule is categorically

excluded from the requirements of 44

CFR part 10, Environmental

Consideration. No environmental

impact assessment has been prepared.

Regulatory Flexibility Act. The Acting

Administrator, Federal Insurance and

Mitigation Administration, certifies that

this proposed rule is exempt from the

requirements of the Regulatory

Flexibility Act because proposed or

modified base flood elevations are

required by the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4104,

and are required to establish and

maintain community eligibility in the

NFIP. As a result, a regulatory flexibility

analysis has not been prepared.

Regulatory Classification. This

proposed rule is not a significant

regulatory action under the criteria of

Section 3(f) of Executive Order 12866 of

September 30, 1993, Regulatory

Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism.

This proposed rule involves no policies

that have federalism implications under

Executive Order 12612, Federalism,

dated October 26, 1987.

Executive Order 12778, Civil Justice

Reform. This proposed rule meets the

applicable standards of Section 2(b)(2)

of Executive Order 12778.

List of Subjects in 44 CFR Part 67

Administrative practice and

procedure, flood insurance, reporting

and recordkeeping requirements.

Accordingly, 44 CFR Part 67 is

proposed to be amended as follows:

PART 67—[AMENDED]

1. The authority citation for Part 67

continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.;

Reorganization Plan No. 3 of 1978, 3 CFR,

1978 Comp., p. 329; E.O. 12127, 44 FR 19367,

3 CFR, 1979 Comp., p. 376.

§ 67.4 [Amended]

2. The tables published under the

authority of § 67.4 are proposed to be

amended as follows:

State City/town/county Source of flooding Location

#Depth in feet above

ground. *Elevation in feet

(NGVD)

Existing Modified

Florida .................... Franklin County

(Unincorporated

Areas).

Apalachicola Bay .............. Approximately 2.6 miles southeast of

West Pass.

*7 *8

Approximately 4.1 miles southwest of

Government Cut in St. George Island.

*7 *10

St. George Sound ............ Just east of St. George Island Bridge ...... *9 *10

Shoreline of St. George Island at (and include) Marsh Island.*15 *12

Gulf of Mexico .................. Approximately 2.6 miles southeast of

West Pass.

*7 *8

Approximately 1.5 miles southeast of the

confluence of Big Claires Creek with

Ochlockonee Bay.

*21 *23

Alligator Harbor ................ Approximately 1,000 feet north of the

intersection of State Route 370 and

West Harbor Road.

*15 *16

65672 Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Proposed Rules

State City/town/county Source of flooding Location

#Depth in feet above

ground. *Elevation in feet

(NGVD)

Existing Modified

Approximately 900 feet east of Peninsula

Point.

*18 *17

Maps available for inspection at the Planning and Engineering Department, 33 Commerce Street, Apalachicola, Florida.

Send comments to Mr. Tim Turner, Director of the Franklin County Emergency Management Agency, 33 Commerce Street, Apalachicola,

Florida 32320.

Florida .................... Minneola (City),

Lake County.

Plum Lake ........................ Entire shoreline within county ................... *84 *87

Ponding Area 535–1 ........ None *100

Ponding Area 535–2 ........ None *99

Little Grassy Lake ............ Approximately 0.55 mile northeast of the

intersection of Perl Street and Galena

Avenue.

None *90

Grassy Lake ..................... Entire shoreline within county ................... None *85

Maps available for inspection at the Minneola City Hall, 302 West Pearl Street, Minneola, Florida.

Send comments to The Honorable Glenn A. Irby, Mayor of the City of Minneola, P.O. Box 678, Minneola, Florida 34755.

Illinois ..................... Elburn (Village),

Kane County.

Blackberry Creek .............. At the confluence of Blackberry Creek

Tributary D.

None *741

Approximately 1,050 feet upstream of

Hughes Road.

None *747

Blackberry Creek Tributary

D.

Approximately 600 feet upstream of confluence with Blackberry Creek.None *742

Approximately 2,550 feet downstream of

Keslinger Road.

None *799

Maps available for inspection at the Elburn Village Hall, 301 East North Street, Elburn, Illinois.

Send comments to Mr. James Willey, President of the Village of Elburn Board of Trustees, 301 East North Street, Elburn, Illinois 60119.

Illinois ..................... Elgin (City), Kane

County.

Sandy Creek ..................... At Randall Road ....................................... *821 *826

Approximately 325 feet upstream of Randall Road.None *826

Tyler Creek ....................... Approximately 500 feet upstream of confluence with Fox River.*716 *715

Approximately 120 feet downstream of

Soo Line Railroad.

None *839

Maps available for inspection at City of Elgin Public Works Department, Engineering Division, 150 Dexter Court, Elgin, Illinois.

Send comments to Ms. Joyce Parker, Elgin City Manager, 150 Dexter Court, Elgin, Illinois 60120.

Illinois ..................... Gilberts (Village),

Kane County.

Tyler Creek ....................... Just upstream of Big Timber Road .......... None *867

Approximately 200 feet downstream of

McCornack Road.

None *886

Maps available for inspection at the Gilberts Village Hall, 86 Railroad Street, Gilberts, Illinois.

Send comments to Mr. Mike Isitoro, Gilberts Village President, 86 Railroad Street, Gilberts, Illinois 60136.

Illinois ..................... Kane County (Unincorporated

Areas).

Blackberry Creek Tributary

F.

Approximately 0.6 mile upstream of confluence with Blackberry Creek Tributary

B.

*704 *703

Approximately 250 feet downstream of

Bliss Road.

*728 *727

Main Street Ditch .............. At confluence with Blackberry Creek Tributary F.None *707

Approximately 130 feet upstream of Main

Street.

None *709

Tyler Creek ....................... Approximately 375 feet downstream of

Eagle Road East.

*791 *793

Approximately 200 feet upstream of Illinois Route 72.None *898

Pingree Creek .................. At confluence with Tyler Creek ................ None *893

Approximately 325 feet upstream of U.S.

Route 20.

None *906

Mastadon Lake ................. Approximately 300 feet southeast of the

intersection of Parker Avenue and

Hinman Street.

None *662

Sandy Creek ..................... Approximately 130 feet downstream of

Randall Road.

*820 *821

Just downstream of U.S. Route 20 .......... None *889

Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Proposed Rules 65673

State City/town/county Source of flooding Location

#Depth in feet above

ground. *Elevation in feet

(NGVD)

Existing Modified

Indian Creek ..................... Approximately 0.41 mile upstream of

Wood Street.

None *676

At downstream side of East-West Tollway None *717

Indian Creek Tributary B .. Approximately 0.61 mile upstream of confluence with Indian Creek.None *716

Approximately 0.86 mile upstream of confluence with Indian Creek.None *716

South Tributary ................. At confluence with Indian Creek ............... None *684

Approximately 680 feet upstream of confluence with Indian Creek.None *688

Welch Creek ..................... Approximately 1,110 feet downstream of

Fay’s Lane.

None *680

Just upstream of Burlington Northern

Railroad.

None *692

Welch Creek Tributary 1 .. Just upstream of Aurora Municipal Airport None *693

Approximately 2,600 feet upstream of Aurora Municipal Airport.None *694

Blackberry Creek Tributary

H.

Approximately 750 feet southwest of

Lake View Court and Lake View Drive

intersection.

None *670

Selmarten Creek ............... At confluence with Indian Creek ............... *715 *716

At county boundary ................................... *718 *720

Maps available for inspection at the Kane County Water Resources Department, Kane County Government Center Building ‘‘A,’’ 719 Batavia

Avenue, Geneva, Illinois.

Send comments to Mr. Michael W. McCoy, Chairman of the Kane County Board of Commissioners, 719 Batavia Avenue, Geneva, Illinois

60134.

Illinois ..................... Lily Lake (Village),

Kane County.

Ferson Creek .................... Approximately 100 feet downstream of

Great Western Trail Railroad.

None *862

Just downstream of Route 64 .................. None *872

Maps available for inspection at the Lily Lake Village Hall, 43W680 Empire Road, St. Charles, Illinois.

Send comments to Mr. Glenn Bork, Lily Lake Village President, 44W508 I.C. Trail, Lily Lake, Illinois 60151.

Illinois ..................... Montgomery (Village), Kane

County.

Blackberry Creek Tributary

G.

Approximately 2,050 feet downstream of

Aucutt Road.

None *661

Approximately 550 feet downstream of

Jericho Road.

None *666

Blackberry Creek .............. Approximately 0.4 mile downstream of

Jericho Road.

None *664

At Jericho Road ........................................ None *666

Maps available for inspection at the Montgomery Village Clerk’s Office, 1300 South Broadway, Montgomery, Illinois.

Send comments to Ms. Marilyn Michelini, Montgomery Village President, 1300 South Broadway, Montgomery, Illinois 60538.

Illinois ..................... Pingree Grove (Village), Kane

County.

Pingree Creek .................. Approximately 1,000 feet upstream of

Highland Avenue.

None *901

Approximately 800 feet upstream of Soo

Line Railroad.

None *902

Maps available for inspection at the Pingree Grove Village Hall, 14N042 Reinking Road, Hampshire, Illinois.

Send comments to Mr. Vern Wester, President of the Village of Pingree Grove Board, 14N042 Reinking Road, Hampshire, Illinois 60140.

Illinois ..................... Sugar Grove (Village), Kane

County.

Blackberry Creek .............. Approximately 1,050 feet upstream of

Densmore Road.

None *678

Approximately 1,800 feet upstream of

Bliss Road.

None *690

Blackberry Creek Tributary

E.

At confluence with Blackberry Creek ....... None *680

At Mankes Road ....................................... None *680

Maps available for inspection at the Sugar Grove Village Office, 10 Municipal Drive, Sugar Grove, Illinois.

Send comments to Mr. P. Sean Michels, Sugar Grove Village President, 10 Municipal Drive, Sugar Grove, Illinois 60554.

Massachusetts ....... Malden (City), Middlesex County.Town Line Brook .............. Approximately 1,000 feet downstream of

corporate limits.

None *9

Approximately 500 feet upstream of Lynn

Street

*8 *9

65674 Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Proposed Rules

State City/town/county Source of flooding Location

#Depth in feet above

ground. *Elevation in feet

(NGVD)

Existing Modified

Linden Brook Approximately 250 feet downstream of

corporate limits.

None *9

On downstream side of Beach Street ...... None *9

Maps available for inspection at the Malden Engineering Office, Malden City Hall, 200 Pleasant Street, Malden, Massachusetts.

Send comments to The Honorable Richard C. Howard, Mayor of the City of Malden, Malden City Hall, 200 Pleasant Street, Malden, Massachusetts 02148.

Massachusetts ....... Revere (City), Suffolk County.Town Line Brook .............. Approximately 100 feet east of intersection of Washington Avenue and Squire

Road.

None *9

Linden Brook .................... Approximately 180 feet south of the intersection of Lynn Street and Adamski

Memorial Highway.

None *9

Maps available for inspection at the Revere Planning Office, 281 Broadway, Revere, Massachusetts.

Send comments to The Honorable Thomas Ambrosino, Mayor of the City of Revere, City Hall, 281 Broadway, Revere, Massachusetts 02151.

New Hampshire ..... Errol (Town), Coos

County.

Akers Pond ....................... Entire shoreline within community ............ None *1,231

Maps available for inspection at the Errol Town Office Building, 33 Main Street, Errol, New Hampshire.

Send comments to Mr. Larry S. Enman, Chairman of the Town of Errol Board of Selectmen, P.O. Box 100, Errol, New Hampshire 03579.

New Hampshire ..... Nashua (City),

Hillsborough

County.

Nashua River .................... At the downstream side of B&M Railroad

bridge.

*115 *114

Approximately 0.75 mile upstream of

State Route 111.

*177 *176

Bartemus Brook ................ At confluence with Nashua River ............. *167 *165

At upstream corporate limits ..................... *168 *166

Lyle Reed Brook ............... At confluence with Nashua River ............. *169 *167

Approximately 0.75 mile upstream of

State Route 11.

*169 *167

Maps available for inspection at the Nashua City Hall, 229 Main Street, Nashua, New Hampshire.

Send comments to The Honorable Bernard A. Streeter, Mayor of the City of Nashua, City Hall, 229 Main Street, Nashua, New Hampshire

03061–2019.

New York ............... Corning (City),

Steuben County.

Post Creek ........................ Approximately 0.52 mile upstream of the

confluence with Chemung River.

*923 *924

Approximately 1.55 miles upstream of the

confluence with Chemung River.

None *958

Maps available for inspection at Corning Code Enforcement Office, 7 Nasser Civic Center, Corning, New York.

Send comments to The Honorable Alan Lewis, Sr., Mayor of the City of Corning, 7 Nasser Civic Center, Corning, New York 14830.

New York ............... Hamilton (Village),

Madison County.

Canal Tributary ................. At confluence with Payne Brook Tributary None *1,110

At the upstream corporate limits .............. None *1,116

Payne Brook ..................... Approximately 1,360 feet downstream of

College Street.

None *1,101

At upstream corporate limits ..................... None *1,125

Payne Brook Tributary ...... At the confluence with Payne Brook ........ None *1,104

Approximately 80 feet upstream of Eaton

Street.

None *1,119

Maps available for inspection at the Hamilton Village Hall, 3 Broad Street, Hamilton, New York.

Send comments to The Honorable Charlie Getchonis, Mayor of the Village of Hamilton, 3 Broad Street, Hamilton, New York 13346–0119.

New York ............... Lisle (Town),

Broome County.

Dudley Creek .................... Approximately 650 feet downstream of

Owen Hill Road.

None *1,044

At Popple Hill Road .................................. None *1,097

Culver Creek ..................... At the confluence with Dudley Creek ....... None *1,075

At Hunts Corners Road ............................ None *1,106

Tioughnioga River ............ Approximately 3.12 miles downstream of

Main Street.

None *979

A point approximately 1.19 miles upstream of Main Street.None *1,003

Maps available for inspection at the Lisle Town Office, 9234 NYS Route 79, Lisle, New York.

Send comments to Mr. James C. Dunham, Lisle Town Supervisor, P.O. Box 98, Lisle, New York 13797.

New York ............... Lockport (Town),

Niagara County.

Eighteen Mile Creek ......... At downstream corporate limits ................ None *356

Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Proposed Rules 65675

State City/town/county Source of flooding Location

#Depth in feet above

ground. *Elevation in feet

(NGVD)

Existing Modified

Approximately 130 feet upstream of

Stone Road.

None 365

East Tributary to Eighteen

Mile Creek.

At downstream corporate limits ................ None *360

Approximately 1 mile upstream of State

Route 104.

None *363

West Tributary to Eighteen

Mile Creek.

At confluence with Eighteen Mile Creek .. None *359

At Lockport town line ................................ None *384

East Branch to Eighteen

Mile Creek.

At downstream corporate limits ................ None *357

Approximately 1,500 feet upstream of upstream corporate limits.None *375

Gulf Branch ...................... At Niagara Street ...................................... None *472

Just downstream of Upper Mountain

Road.

None *584

Gulf Tributary .................... At confluence with Gulf Branch ................ None *497

Approximately 2,250 feet upstream of

confluence with Gulf Branch.

None *514

Tonawanda Creek ............ Approximately 1 mile upstream of Rapids

Road.

*590 *591

At upstream corporate limits ..................... *590 *591

Donner Creek ................... At the downstream corporate limits .......... *605 *606

Approximately 1,660 feet upsteam of

Hamm Road.

*617 *618

Maps available for inspection at the Lockport Town Hall, 6560 Dysing Road, Lockport, New York.

Send comments to Mr. John Austin, Lockport Town Supervisor, Town Hall, 6560 Dysinger Road, Lockport, New York 14094.

Ohio ....................... Portsmouth (City),

Scioto County.

Scioto River ...................... From approximately 0.80 mile upstream

of U.S. Route 52.

*536 *535

Ohio River ........................ At the downstream corporate limit ............ *537 *538

Approximately 1.0 mile downstream of

CSX Transportation.

*537 *538

Maps available for inspection at the Portsmouth Municipal Building, 728 2nd Street, Portsmouth, Ohio.

Send comments to The Honorable Gregory A. Bauer, Mayor of the City of Portsmouth, 728 2nd Street, Portsmouth, Ohio 45662.

Ohio ....................... Rarden (Village),

Scioto County.

Rarden Creek ................... At Norfolk Southern Railway .................... None *615

At the upstream corporate limits .............. None *615

Maps available for inspection at the Rarden City Hall, 1400 Main Street, Rarden, Ohio.

Send comments to The Honorable Anna J. Gardner, Mayor of the Village of Rarden, P.O. Box 8, Rarden, Ohio 45671.

Ohio ....................... Scioto County

(Unicorporated

Areas).

Ohio River ........................ Approximately 1,270 feet downstream of

the confluence of Spencer Creek.

*530 *531

Approximately 4.2 miles downstream of

CSX Transportation.

*536 *537

Maps available for inspection at the Scioto County Courthouse, 602 7th Street, Room 1, Portsmouth, Ohio.

Send comments to Mr. Vern Riffe III, Chairman of the Scioto County Board of Commissioners, 602 7th Street, Room 1, Portsmouth, Ohio

45662.

Vermont ................. Hardwick (Town/

Village), Caledonia County.

Lamoille River Divergence Approximately 460 feet upstream of the

confluence with Lamoille River.

*793 *794

At the divergence from Lamoille River ..... *805 *804

Maps available for inspection at the Hardwick Town Hall, 20 Church Street, Hardwick, Vermont.

Send comments to Mr. Daniel P. Hill, Hardwick Town/Village Manager, P.O. Box 523, 20 Church Street, Hardwick, Vermont 05843.

Wisconsin .............. Bay City (Village),

Pierce County.

Mississippi River (Lake

Pepin).

Entire shoreline within community ............ *681 *682

Bay City Creek ................. Approximately 520 feet downstream of

CSX Transportation.

*682 *683

Approximately 900 feet upstream of

Great River Road.

*691 *690

65676 Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Proposed Rules

State City/town/county Source of flooding Location

#Depth in feet above

ground. *Elevation in feet

(NGVD)

Existing Modified

Maps available for inspection at Bay City Village Hall, W6371 Main Street, Bay City, Wisconsin.

Send comments to Mr. James Turvaville, Bay City Village President, P.O. Box 9, Bay City, Wisconsin 54723.

Wisconsin .............. Chippewa Falls

(City), Chippawa

County.

Duncan Creek .................. Upstream side of Bridge Street ................ *828 *827

Approximately 0.72 mile upstream of

Glen Loch Dam.

*899 *898

Maps available for inspection at the Chippewa Falls City Hall, 30 West Central Street, Chippewa Falls, Wisconsin.

Send comments to The Honorable Virginia O. Smith, Mayor of the City of Chippewa Falls, 30 West Central Street, Chippewa Falls, Wisconsin

54729.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’)

Dated: December 11, 2001.

Robert F. Shea,

Acting Administrator, Federal Insurance and

Mitigation Administration.

[FR Doc. 01–31371 Filed 12–19–01; 8:45 am]

BILLING CODE 6718–04–P

DEPARTMENT OF DEFENSE

48 CFR Part 235

[DFARS Case 2001–D002]

Defense Federal Acquisition

Regulation Supplement; Research and

Development Streamlined Contracting

Procedures; Correction

AGENCY: Department of Defense (DoD).

ACTION: Correction.

SUMMARY: DoD is issuing a correction to

the preamble to the proposed rule

published at 66 FR 63348–63349,

December 6, 2001, pertaining to

streamlined research and development

contracting.

FOR FURTHER INFORMATION CONTACT: Ms.

Angelena Moy, Defense Acquisition

Regulations Council, OUSD

(AT&L)DP(DAR), IMD 3C132, 3062

Defense Pentagon, Washington, DC

20301–3062. Telephone (703) 602–1302;

facsimile (703) 602–0350.

Correction

In the issue of Thursday, December 6,

2001, on page 63349, in the first

column, the second sentence of the

Background section is corrected to read

as follows: ‘‘The standard format is

available on the research and

development streamlined solicitation

(RDSS) website at http://

www.rdss.osd.mil.’’

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

[FR Doc. 01–31354 Filed 12–19–01; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 223 and 224

[Docket No. 011212298–1298–01; I.D. No.

113001A;]

Listing Endangered and Threatened

Wildlife and Plants and Designating

Critical Habitat; 90-Day Finding for a

Petition to List Atlantic White marlin

(Tetrapturus albidus)

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of petition finding;

request for information and comments.

SUMMARY: NMFS announces the 90–day

finding for a petition to list Atlantic

white marlin (Tetrapturus albidus) as

threatened or endangered throughout its

known range and to designate critical

habitat under the Endangered Species

Act (ESA). NMFS finds that the petition

presents substantial scientific

information indicating that the

petitioned action may be warranted.

NMFS will conduct a status review of

Atlantic white marlin to determine if

the petitioned action is warranted. To

ensure that the review is

comprehensive, NMFS is soliciting

information and comments pertaining to

this species and potential critical habitat

from any interested party. NMFS also

seeks suggestions from the public for

peer reviewers to take part in the peer

review process for the Atlantic white

marlin status review.

DATES: Comments and information

related to this petition finding must be

received by February 19, 2002.

ADDRESSES: Requests for copies of the

petition, and information and comments

on this finding should be submitted to

Georgia Cranmore, Assistant Regional

Administrator for Protected Resources,

National Marine Fisheries Service,

Southeast Regional Office, 9721

Executive Center Drive North, St.

Peterburg, FL 33702–2432. The petition,

finding and supporting data are

available for public inspection, by

appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT:

Jennifer Lee, NMFS Southeast Region,

(727) 570–5312; or David O’Brien,

NMFS, Office of Protected Resources,

(301) 713–1401.

SUPPLEMENTARY INFORMATION:

Background

Section 4 (b)(3)(A) of the ESA (16

U.S.C. 1531 et seq.) requires that NMFS

make a finding as to whether a petition

to list, delist, or reclassify a species

presents substantial scientific or

commercial information indicating that

the petitioned action may be warranted.

NMFS’ ESA implementing regulations

(50 CFR 424.14) define ‘‘substantial

information’’ as the amount of

information that would lead a

reasonable person to believe that the

measure proposed in the petition may

be warranted. In determining whether

substantial information exists for a

petition to list a species, NMFS takes

into account several factors, including

information submitted with, and

referenced in, the petition and all other

information readily available in NMFS’

files. To the maximum extent