Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices 67289

EFFECTIVE DATE: December 28, 2001.

FOR FURTHER INFORMATION CONTACT:

Mark Johnston, Department of Housing

and Urban Development, Room 7262,

451 Seventh Street SW., Washington,

DC 20410; telephone (202) 708–1234;

TTY number for the hearing- and

speech-impaired (202) 708–2565, (these

telephone numbers are not toll-free), or

call the toll-free Title V information line

at 1–800–927–7588.

SUPPLEMENTARY INFORMATION: In

accordance with the December 12, 1988

court order in National Coalition for the

Homeless v. Veterans Administration,

No. 88–2503–OG (D.D.C.), HUD

publishes a Notice, on a weekly basis,

identifying unutilized, underutilized,

excess and surplus Federal buildings

and real property that HUD has

reviewed for suitability for use to assist

the homeless.

Today’s Notice is for the purpose of

announcing that no additional

properties have been determined

suitable or unsuitable this week.

Dated: December 20, 2001.

John D. Garrity,

Director, Office of Special Needs Assistance

Programs.

[FR Doc. 01–31854 Filed 12–27–01; 8:45 am]

BILLING CODE 4210–29–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Endangered and Threatened Wildlife

and Plants; Status of the Rio Grande

Cutthroat Trout

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of intent to initiate a

status review.

SUMMARY: We, the U.S. Fish and

Wildlife Service (Service) announce our

intent to initiate a candidate status

review for the Rio Grande cutthroat

trout (Oncorhynchus clarki virginalis) to

determine if candidate status is

warranted. The Endangered Species Act

of 1973, as amended (16 U.S.C. 1531 et

seq.) (Act), requires that we identify

species of wildlife and plants that are

endangered or threatened, based on the

best available scientific and commercial

information. Through the Federal

rulemaking process, we add these

species to the List of Endangered and

Threatened Wildlife at 50 CFR 17.11 or

the List of Endangered or Threatened

Plants at 50 CFR 17.12. As part of this

program, we maintain a list of species

that we regard as candidates for listing.

A candidate is one for which we have

on file sufficient information on

biological vulnerability and threats to

support a proposal to list as endangered

or threatened but for which preparation

and publication of a proposal is

precluded by higher-priority listing

actions. On or before June 4, 2002, we

will make a determination concerning

the results of this review for the Rio

Grande cutthroat trout and, shortly

thereafter, we will publish this

determination in the Federal Register.

DATES: Comments and information from

all interested parties for our use in the

status review and preparing a revised

finding will be accepted until February

26, 2002.

ADDRESSES: Questions and comments

concerning this status review should be

sent to Joy Nicholopoulos, Field

Supervisor, U.S. Fish and Wildlife

Service, 2105 Osuna Rd. NE,

Albuquerque, NM 87113. Comments can

be provided via e-mail to

R2FWE_AL@fws.gov. Comments and

materials received will be available on

request for public inspection, by

appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT:

Anna Maria Mun ̃ oz, Fish and Wildlife

Biologist (see ADDRESSES section),

telephone (505) 346–2525.

SUPPLEMENTARY INFORMATION:

Background

On February 25, 1998, we received a

petition from Kieran Suckling, of the

Southwest Center for Biological

Diversity requesting that the Service add

the Rio Grande cutthroat trout

(Onchorynchus clarki virginalis) to the

list of threatened and endangered

species. The petition addressed the

range-wide distribution of the Rio

Grande cutthroat trout that included

populations in Colorado and New

Mexico.

The Rio Grande cutthroat trout is the

southernmost of 14 subspecies of

cutthroat trout (Behnke 1967, 1972,

1992; Sublette et al. 1990). There are

two phenotypic forms of the subspecies,

one in the Rio Grande and one in the

Pecos River (Behnke 1992). The species

derives its name from the distinctive red

or orange slashes beneath the lower jaw.

The general body coloration is

yellowish green to grayish brown; the

abdomen is creamy white. Variablysized black spots cover the upper body

and are more numerous posteriorly;

dorsal, adipose, and caudal fins carry

black spots (Koster 1957, Behnke 1992,

Sublette et al. 1990). Although the

historical distribution of the Rio Grande

cutthroat trout is not known with

certainty, it is likely that the subspecies

occurred not only in all waters in the

upper Rio Grande, Pecos, and Canadian

River Basins that are currently capable

of supporting trout, but also in other

stream reaches within these watersheds

that formerly provided the habitat

requisites of coldwater species.

Section 4(b)(3)(B) of the Act requires

that we make a finding on whether a

petition to list, delist or reclassify a

species presents substantial scientific or

commercial information indicating that

the petitioned action is—(a) not

warranted; (b) warranted; or (c)

warranted but precluded from

immediate proposal by other pending

listing proposals of higher priority. We

subsequently published a notice of a 90-

day finding in the Federal Register (63

FR 49062) on September 14, 1998. In the

90-day finding we concluded that the

petition did not present substantial

information indicating that listing of the

Rio Grande cutthroat trout may be

warranted.

Our finding recognized that livestock

grazing, road construction, and logging

were primary factors in the constriction

of the Rio Grande cutthroat trout’s

historical range, and continue to impact

streams and riparian habitats where

measures to limit those impacts are

lacking. The Service concluded that the

management objectives of both States,

set forth in respective management

plans formulated for the Rio Grande

cutthroat, would provide for the

continued management, conservation,

and stability of this subspecies and its

habitats.

On June 9, 1999, a complaint was

filed by the Southwest Center for

Biological Diversity challenging the

September 14, 1998, 90-day petition

finding as violating the Act and the

Administrative Procedures Act.

Recently, while the litigation was

pending, we received some information

(particularly related to the presence of

whirling disease in hatchery fish in the

wild) that led us to believe that further

review of the status of the species was

warranted.

On November 8, 2001, a settlement

agreement executed by both parties (the

Service and the Center for Biological

Diversity) was filed with the court. The

settlement stipulates that we will

initiate a candidate status review for the

Rio Grande cutthroat trout. The

settlement also stipulates that on or

before June 4, 2002, we will make a

determination concerning the results of

this review and, shortly thereafter, we

will publish our determination in the

Federal Register. The agreement also

states that we will not vacate our

previous determination in the interim.

67290 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices

Request for Information

Our determination of candidate status

for the Rio Grande cutthroat trout shall

be based upon the best available

scientific and commercial data, as

required under section 4(b)(1)(A) of the

Act. We request you submit any further

information on the Rio Grande cutthroat

trout. We are particularly interested in

any information concerning the

following:

(1) Current population numbers and

trends for each of the populations of the

Rio Grande cutthroat trout;

(2) Whether there are documented

increases in those populations or their

habitat;

(3) The status of remaining habitat

areas;

(4) The current threats and future

threats to those populations and

remaining habitat areas; and

(5) Other regulatory mechanisms that

address those threats; and the success of

those mechanisms to date.

References Cited

A complete list of all references cited

is available upon request from the New

Mexico Ecological Services Field Office

(see ADDRESSES section).

Author

The primary author of this document

is New Mexico Ecological Services Field

Office staff (see ADDRESSES section).

Authority: The authority for this action is

section 4(b)(1)(A) of the Endangered Species

Act, 16 U.S.C. 1533.

Dated: November 23, 2001.

Nancy Kaufman,

Regional Director.

[FR Doc. 01–31911 Filed 12–27–01; 8:45 am]

BILLING CODE 4310–55–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Industrial Gas Pipeline Right-of-Way

Permit Application Crossing Fish and

Wildlife Service National Wildlife

Refuge

AGENCY: Fish and Wildlife Service,

Department of the Interior.

ACTION: Notice.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) advises the public that

Air Products, L.P., of Houston, Texas,

has submitted an application to install

a 10-inch nominal pipeline for

transportation of industrial gas from

Bayport, Texas, to Freeport, Texas,

containing approximately 52.7 miles in

length and crossing portions of Harris,

Galveston, and Brazoria Counties,

Texas. The pipeline will be within an

existing 300-foot wide pipeline right-ofway corridor that crosses the Brazoria

National Wildlife Refuge, in Brazoria

County, Texas. The portion that will

cross the Service land is approximately

165.11 rods and will utilize a 12-foot by

55-foot surface site, in Brazoria County,

Texas. The pipeline will consist of 103⁄4

inches O.D. steel line pipe, 0.365-inch

wall thickness, API specification 5L

Grade X–42, coated with fusion bonded

epoxy, and cathodically protected, and

will be buried at a minimum of 5 feet.

An Environmental Analysis and

Cultural Resources Review has been

prepared and is on file.

This notice informs the public that

the Service will be proceeding with the

processing of the application, the

compatibility determination and the

approval processing which includes the

preparation of the terms and conditions

of the permit.

DATES: Written comments should be

received on or before January 28, 2002

to receive consideration by the Service.

ADDRESSES: Comments should be

addressed to: Regional Director, U.S.

Fish and Wildlife Service, Division of

Realty, Attention: Lena V. Marie, Realty

Specialist, P.O. Box 1306, Albuquerque,

New Mexico 87103–1306, telephone

number 505–248–7411 or fax number

505–248–6803.

SUPPLEMENTARY INFORMATION: The

Refuge Manager for the Brazoria

National Wildlife Refuge has approved

the route of the pipeline that lies within

an existing 300-foot wide right-of-way

corridor.

Right-of-Way applications for

pipelines are to be filed in accordance

with Section 28 of the Mineral Leasing

Act of 1920 (30 U.S.C.), as amended by

the Act of November 16, 1973, (37 Stat.

576, Public Law 93–153).

Dated: November 26, 2001.

Esther M. Pringle,

Acting Regional Director.

[FR Doc. 01–31858 Filed 12–27–01; 8:45 am]

BILLING CODE 4310–55–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Applications for Incidental Take

Permits by Gulf Highlands LLC and

Fort Morgan Paradise Joint Venture in

Alabama

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of availability;

Reopening of public comment period.

We, the U.S. Fish and Wildlife

Service (Service), announce the

availability of an Environmental

Assessment and receipt of applications

for incidental take permits for

residential development in Alabama.

We also provide notice that the public

comment period for the proposal is

reopened to allow all interested parties

to submit written comments on the

proposed incidental take permits.

Comments previously submitted need

not be resubmitted. The original public

notice, 66 FR 54020–54022, opened the

comment period from October 25

through December 10, 2001.

Gulf Highlands LLC and Fort Morgan

Paradise Joint Venture (Applicants) seek

incidental take permits (ITP) from the

Fish and Wildlife Service (Service)

pursuant to section 10(a)(1)(B) of the

Endangered Species Act of 1973, as

amended (Act). The proposed take

would be incidental to otherwise lawful

activities, including construction of

residential condominiums, commercial

facilities, and recreational amenities on

adjoining tracts of land owned by the

Applicants. The proposed action would

involve approval of the Habitat

Conservation Plan (HCP) jointly

developed by the Applicants, as

required by section 10(a)(2)(B) of the

Act, to minimize and mitigate for

incidental take of the Federally-listed,

endangered Alabama beach mouse

(Peromyscus polionotus

ammobates)(ABM), the endangered

Kemp’s ridley sea turtle (Lepidochelys

kempii), the threatened green sea turtle

(Chelonia mydas), and the threatened

loggerhead sea turtle (Caretta caretta).

The subject permits would authorize

take of ABM and the three sea turtles

along 2,844 linear feet of coastal dune

habitat fronting the Gulf of Mexico in

Baldwin County, Alabama. The

Applicants’ properties total 180.5 acres,

but only 62 acres would be developed.

Additionally, about 16 acres of platted

road rights-of-way are encompassed by

the project and bring the total area to

196.4 acres. A more detailed description

of the mitigation and minimization

measures to address the effects of the

Project to the ABM and sea turtles is

provided in the Applicants’ HCP, the

Service’s Environmental Assessment

(EA), and in the SUPPLEMENTARY

INFORMATION section below.

The Service announces the

availability of an Environmental

Assessment (EA) and Habitat

Conservation Plan/Applications for

Incidental Take. The permit

applications incorporate the Applicants’

HCP as the proposed action for

evaluation in the Service’s EA. Copies of

the EA on compact disk and the HCP