Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · REGISTER · 2006-02-13 · Substance Abuse and Mental Health Services Administration, HHS · Notices

Notices. Notice

6,899 words·~31 min read·/register/2006/02/13/06-1292

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Current List of Laboratories Which Meet Minimum Standards To Engage in Urine Drug Testing for Federal Agencies AGENCY: Substance Abuse and Mental Health Services Administration, HHS. ACTION: Notice. SUMMARY: The Department of Health and Human Services
(HHS)notifies Federal agencies of the laboratories currently certified to meet the standards of Subpart C of the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Mandatory Guidelines). The Mandatory Guidelines were first published in the **Federal Register** on April 11, 1988 (53 FR 11970), and subsequently revised in the **Federal Register** on June 9, 1994 (59 FR 29908), on September 30, 1997 (62 FR 51118), and on April 13, 2004 (69 FR 19644). A notice listing all currently certified laboratories is published in the **Federal Register** during the first week of each month. If any laboratory's certification is suspended or revoked, the laboratory will be omitted from subsequent lists until such time as it is restored to full certification under the Mandatory Guidelines. If any laboratory has withdrawn from the HHS National Laboratory Certification Program
(NLCP)during the past month, it will be listed at the end, and will be omitted from the monthly listing thereafter. This notice is also available on the Internet at *http://workplace.samhsa.gov and http://www.drugfreeworkplace.gov* . FOR FURTHER INFORMATION CONTACT: Mrs. Giselle Hersh or Dr. Walter Vogl, Division of Workplace Programs, SAMHSA/CSAP, Room 2-1035, 1 Choke Cherry Road, Rockville, Maryland 20857; 240-276-2600 (voice), 240-276-2610 (fax). SUPPLEMENTARY INFORMATION: The Mandatory Guidelines were developed in accordance with Executive Order 12564 and section 503 of Public Law 100-71. Subpart C of the Mandatory Guidelines, “Certification of Laboratories Engaged in Urine Drug Testing for Federal Agencies,” sets strict standards that laboratories must meet in order to conduct drug and specimen validity tests on urine specimens for Federal agencies. To become certified, an applicant laboratory must undergo three rounds of performance testing plus an on-site inspection. To maintain that certification, a laboratory must participate in a quarterly performance testing program plus undergo periodic, on-site inspections. Laboratories which claim to be in the applicant stage of certification are not to be considered as meeting the minimum requirements described in the HHS Mandatory Guidelines. A laboratory must have its letter of certification from HHS/SAMHSA (formerly: HHS/NIDA) which attests that it has met minimum standards. In accordance with subpart C of the Mandatory Guidelines dated April 13, 2004 (69 FR 19644), the following laboratories meet the minimum standards to conduct drug and specimen validity tests on urine specimens: ACL Laboratories, 8901 W. Lincoln Ave., West Allis, WI 53227. 414-328-7840/800-877-7016. (Formerly: Bayshore Clinical Laboratory). ACM Medical Laboratory, Inc., 160 Elmgrove Park, Rochester, NY 14624. 585-429-2264. Advanced Toxicology Network, 3560 Air Center Cove, Suite 101, Memphis, TN 38118. 901-794-5770/888-290-1150. Aegis Analytical Laboratories, Inc., 345 Hill Ave., Nashville, TN 37210. 615-255-2400. Baptist Medical Center—Toxicology Laboratory, 9601 I-630, Exit 7, Little Rock, AR 72205-7299. 501-202-2783. (Formerly: Forensic Toxicology Laboratory Baptist Medical Center). Clinical Reference Lab, 8433 Quivira Road, Lenexa, KS 66215-2802. 800-445-6917. Diagnostic Services, Inc., dba DSI, 12700 Westlinks Drive, Fort Myers, FL 33913. 239-561-8200/800-735-5416. Doctors Laboratory, Inc., 2906 Julia Drive, Valdosta, GA 31602. 229-671-2281. DrugScan, Inc., P.O. Box 2969, 1119 Mearns Road, Warminster, PA 18974. 215-674-9310. Dynacare Kasper Medical Laboratories,* 10150-102 St., Suite 200, Edmonton, Alberta, Canada T5J 5E2. 780-451-3702/800-661-9876. *The Standards Council of Canada
(SCC)voted to end its Laboratory Accreditation Program for Substance Abuse (LAPSA) effective May 12, 1998. Laboratories certified through that program were accredited to conduct forensic urine drug testing as required by U.S. Department of Transportation
(DOT)regulations. As of that date, the certification of those accredited Canadian laboratories will continue under DOT authority. The responsibility for conducting quarterly performance testing plus periodic on-site inspections of those LAPSA-accredited laboratories was transferred to the U.S. HHS, with the HHS' NLCP contractor continuing too have an active role in the performance testing and laboratory inspection process. Other Canadian laboratories wishing to be considered for the NLCP may apply directly to the NLCP contractor just as U.S. laboratories do. Upon finding a Canadian laboratory to be qualified, HHS will recommend that DOT certify the laboratory **Federal Register** , July 16, 1996) as meeting the minimum standards of the Mandatory Guidelines published in the **Federal Register** on April 13, 2004 (69 FR 19644). After receiving DOT certification, the laboratory will be included in the monthly list of HHS-certified laboratories and participate in the NLCP certification maintenance program. ElSohly Laboratories, Inc., 5 Industrial Park Drive, Oxford, MS 38655. 662-236-2609. Express Analytical Labs, 3405 7th Ave., Suite 106, Marion, IA 52302. 319-377-0500. Gamma-Dynacare Medical Laboratories,* A Division of the Gamma-Dynacare, Laboratory Partnership, 245 Pall Mall Street, London, ONT, Canada N6A 1P4. 519-679-1630. General Medical Laboratories, 36 South Brooks St., Madison, WI 53715. 608-267-6225. Kroll Scientific Testing Laboratories, Inc., 450 Southlake Blvd., Richmond, VA 23236. 804-378-9130. (Formerly: Scientific Testing Laboratories, Inc.). Laboratory Corporation of America Holdings, 7207 N. Gessner Road, Houston, TX 77040. 713-856-8288/800-800-2387. Laboratory Corporation of America Holdings, 69 First Ave., Raritan, NJ 08869. 908-526-2400/800-437-4986. (Formerly: Roche Biomedical Laboratories, Inc.). Laboratory Corporation of America Holdings, 1904 Alexander Drive, Research Triangle Park, NC 27709. 919-572-6900/800-833-3984. (Formerly: LabCorp Occupational Testing Services, Inc., CompuChem Laboratories, Inc.; CompuChem Laboratories, Inc., A Subsidiary of Roche Biomedical Laboratory; Roche CompuChem Laboratories, Inc., A Member of the Roche Group). Laboratory Corporation of America Holdings, 10788 Roselle St., San Diego, CA 92121. 800-882-7272. (Formerly: Poisonlab, Inc.). Laboratory Corporation of America Holdings, 550 17th Ave., Suite 300, Seattle, WA 98122. 206-923-7020/800-898-0180. (Formerly: DrugProof, Division of Dynacare/Laboratory of Pathology, LLC; Laboratory of Pathology of Seattle, Inc.; DrugProof, Division of Laboratory of Pathology of Seattle, Inc.). Laboratory Corporation of America Holdings, 1120 Main Street, Southaven, MS 38671. 866-827-8042/800-233-6339. (Formerly: LabCorp Occupational Testing Services, Inc.; MedExpress/National Laboratory Center). Marshfield Laboratories, Forensic Toxicology Laboratory, 1000 North Oak Ave., Marshfield, WI 54449. 715-389-3734/800-331-3734. MAXXAM Analytics Inc.,* 6740 Campobello Road, Mississauga, ON, Canada L5N 2L8. 905-817-5700. (Formerly: NOVAMANN (Ontario), Inc.). MedTox Laboratories, Inc., 402 W. County Road D, St. Paul, MN 55112. 651-636-7466/800-832-3244. MetroLab-Legacy Laboratory Services, 1225 NE 2nd Ave., Portland, OR 97232. 503-413-5295/800-950-5295. Minneapolis Veterans Affairs Medical Center, Forensic Toxicology Laboratory, 1 Veterans Drive, Minneapolis, MN 55417. 612-725-2088. National Toxicology Laboratories, Inc., 1100 California Ave., Bakersfield, CA 93304. 661-322-4250/800-350-3515. One Source Toxicology Laboratory, Inc., 1213 Genoa-Red Bluff, Pasadena, TX 77504. 888-747-3774. (Formerly: University of Texas Medical Branch, Clinical Chemistry Division; UTMB Pathology-Toxicology Laboratory). Oregon Medical Laboratories, 123 International Way, Springfield, OR 97477. 541-341-8092. Pacific Toxicology Laboratories, 9348 DeSoto Ave., Chatsworth, CA 91311. 800-328-6942. (Formerly: Centinela Hospital Airport Toxicology Laboratory). Pathology Associates Medical Laboratories, 110 West Cliff Dr., Spokane, WA 99204. 509-755-8991/800-541-7897x7. Physicians Reference Laboratory, 7800 West 110th St., Overland Park, KS 66210. 913-339-0372/800-821-3627. Quest Diagnostics Incorporated, 3175 Presidential Dr., Atlanta, GA 30340. 770-452-1590/800-729-6432. (Formerly: SmithKline Beecham Clinical Laboratories; SmithKline Bio-Science Laboratories). Quest Diagnostics Incorporated, 4770 Regent Blvd., Irving, TX 75063. 800-824-6152. (Moved from the Dallas location on March 31, 2001; Formerly: SmithKline Beecham Clinical Laboratories; SmithKline Bio-Science Laboratories). Quest Diagnostics Incorporated , 4230 South Burnham Ave., Suite 250, Las Vegas, NV 89119-5412. 702-733-7866/800-433-2750. (Formerly: Associated Pathologists Laboratories, Inc.). Quest Diagnostics Incorporated, 10101 Renner Blvd., Lenexa, KS 66219. 913-888-3927/800-873-8845. (Formerly: LabOne, Inc.; Center for Laboratory Services, a Division of LabOne, Inc.). Quest Diagnostics Incorporated, 400 Egypt Road, Norristown, PA 19403. 610-631-4600/877-642-2216. (Formerly: SmithKline Beecham Clinical Laboratories; SmithKline Bio-Science Laboratories). Quest Diagnostics Incorporated, 506 E. State Pkwy., Schaumburg, IL 60173. 800-669-6995/847-885-2010. (Formerly: SmithKline Beecham Clinical Laboratories; International Toxicology Laboratories). Quest Diagnostics Incorporated, 7600 Tyrone Ave., Van Nuys, CA 91405. 818-989-2520/800-877-2520. (Formerly: SmithKline Beecham Clinical Laboratories). Quest Diagnostics Incorporated, 2282 South Presidents Drive, Suite C, West Valley City, UT 84120. 801-606-6301/800-322-3361. (Formerly: Northwest Toxicology, a LabOne Company; LabOne, Inc., dba Northwest Toxicology; NWT Drug Testing, NorthWest Toxicology, Inc.; Northwest Drug Testing, a division of NWT Inc.). S.E.D. Medical Laboratories, 5601 Office Blvd., Albuquerque, NM 87109. 505-727-6300/800-999-5227. South Bend Medical Foundation, Inc., 530 N. Lafayette Blvd., South Bend, IN 46601. 574-234-4176 x276. Southwest Laboratories, 4645 E. Cotton Center Boulevard, Suite 177, Phoenix, AZ 85040. 602-438-8507/800-279-0027. Sparrow Health System, Toxicology Testing Center, St. Lawrence Campus, 1210 W. Saginaw, Lansing, MI 48915. 517-364-7400. (Formerly: St. Lawrence Hospital & Healthcare System). St. Anthony Hospital Toxicology Laboratory, 1000 N. Lee St., Oklahoma City, OK 73101. 405-272-7052. Toxicology & Drug Monitoring Laboratory, University of Missouri Hospital & Clinics, 301 Business Loop 70 West, Suite 208, Columbia, MO 65203. 573-882-1273. Toxicology Testing Service, Inc., 5426 N.W. 79th Ave., Miami, FL 33166. 305-593-2260. US Army Forensic Toxicology Drug Testing Laboratory, 2490 Wilson St., Fort George G. Meade, MD 20755-5235. 301-677-7085. Anna Marsh, Director, Office Program Services, SAMHSA. [FR Doc. E6-1945 Filed 2-10-06; 8:45 am] BILLING CODE 4162-20-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Final Comprehensive Conservation Plan for Sherburne National Wildlife Refuge, Sherburne County, Minnesota AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability. SUMMARY: The U.S. Fish and Wildlife Service announces that the Final Comprehensive Conservation Plan
(CCP)is available for Sherburne National Wildlife Refuge, Minnesota. The CCP was prepared pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, and the National Environmental Policy Act of 1969. Goals and objectives in the CCP describe how the agency intends to manage the refuge over the next 15 years. ADDRESSES: Copies of the Final CCP are available on compact disk or hard copy. You may access and download a copy via the planning Web site at *http://www.fws.gov/midwest/planning/sherburne/index.html* or you may obtain a copy by writing to the following address: U.S. Fish and Wildlife Service, Sherburne National Wildlife Refuge, 17076 293rd Ave., Zimmerman, MN 55398. FOR FURTHER INFORMATION CONTACT: Anne Sittauer, at
(763)389-3323. SUPPLEMENTARY INFORMATION: The 30,575-acre Sherburne National Wildlife is located in central Minnesota at the juncture of the northern boreal forest, the eastern deciduous forest, and the tallgrass prairie. It was established in 1965 under the general authority of the Migratory Bird Conservation Act of 1929 (16 U.S.C. 715d). The Refuge attracts over 230 species of birds each year to its diverse habitats. Of these, over 120 are known to nest in the area. The Refuge wetlands provide habitat for about 30 nesting pairs of Greater Sandhill Cranes and serve as a staging area for thousands of cranes during fall migration. During fall and spring migration, the Refuge wetlands also support thousands of waterfowl. The National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd-668ee *et seq.* ), requires the Service to develop a CCP for each national wildlife refuge. The purpose in developing CCPs is to provide refuge managers with a 15-year strategy for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife management, conservation, legal mandates, and Service policies. In addition to outlining broad management direction for conserving wildlife and their habitats, the CCP identifies wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation and photography, and environmental education and interpretation. We will review and update these CCPs at least every 15 years in accordance with the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, and the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370d). Management of the refuge for the next 15 years will focus on:
(1)Changes in the water impoundment system and upland management to create a diversity of wetland types and historic upland plant communities;
(2)increased opportunities for all types of wildlife-dependent recreation; and
(3)outreach, private lands, and partnership activities that will emphasize natural processes, including native habitat restoration and conservation, to form ecologically functioning connections to and from the Refuge. Dated: November 23, 2005. Robyn Thorson, Regional Director, U.S. Fish and Wildlife Service, Ft. Snelling, Minnesota. [FR Doc. E6-1947 Filed 2-10-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Endangered Species Recovery Permit Applications AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of permit applications. SUMMARY: We invite the public to comment on the following application to conduct certain activities with endangered species. DATES: Comments on these permit applications must be received on or before March 15, 2006. ADDRESSES: Written data or comments should be submitted to the U.S. Fish and Wildlife Service, Chief, Endangered Species, Ecological Services, 911 NE. 11th Avenue, Portland, Oregon 97232-4181 (telephone: 503-231-2063; fax: 503-231-6243). Please refer to the respective permit number for each application when submitting comments. All comments received, including names and addresses, will become part of the official administrative record and may be made available to the public. FOR FURTHER INFORMATION CONTACT: Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents to the address above. Please refer to the respective permit number for each application when requesting copies of documents. SUPPLEMENTARY INFORMATION: The following applicants have applied for a scientific research permit to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act (16 U.S.C. 1531 *et seq.* ). The U.S. Fish and Wildlife Service
(we)solicits review and comment from local, State, and Federal agencies, and the public on the following permit requests. Permit No. TE-115370 *Applicant:* Gage Dayton, Moss Landing, California. The applicant requests a permit to take (harass by survey, capture, handle, and release) the Santa Cruz long-toed salamander ( *Ambystoma macrodactylum croceum* ) and the California tiger salamander ( *Ambystoma californiense* ) in conjunction with surveys in Santa Cruz and Monterey Counties in California for the purpose of enhancing their survival. Permit No. TE-115373 *Applicant:* Darin Busby, San Diego, California. The applicant requests a permit to take (capture and collect and kill) the Conservancy fairy shrimp ( *Branchinecta conservatio* ), the longhorn fairy shrimp ( *Branchinecta longiantenna* ), the vernal pool tadpole shrimp ( *Lepidurus packardi* ), the Riverside fairy shrimp ( *Streptocephalus wootoni* ), and the San Diego fairy shrimp ( *Branchinecta sandiegonensis* ), and take (survey by pursuit) the Quino checkerspot butterfly ( *Euphydryas editha quino* ) in conjunction with surveys throughout the range of each species in California for the purpose of enhancing their survival. Permit No. TE-115725 *Applicant:* Ellen Howard, San Diego, California. The applicant requests a permit to take (capture and collect and kill) the Conservancy fairy shrimp ( *Branchinecta conservatio* ), the longhorn fairy shrimp ( *Branchinecta longiantenna* ), the vernal pool tadpole shrimp ( *Lepidurus packardi* ), the Riverside fairy shrimp ( *Streptocephalus wootoni* ), and the San Diego fairy shrimp ( *Branchinecta sandiegonensis* ) in conjunction with surveys throughout the range of each species in California for the purpose of enhancing their survival. Permit No. TE-797999 *Applicant:* Merkel & Associates, Inc., San Diego, California. The permittee requests an amendment to take (harass by survey, tag, collect tissue, mark by toe-clipping, and release) the desert slender salamander ( *Batrachoseps aridus* ) and the arroyo southwestern toad ( *Bufo microscaphus californicus* ), take (harass by survey, capture, handle, collect, release) the unarmored threespine stickleback ( *Gasterosteus aculeatus williamsoni* ), take (harass by survey, capture, handle, and release) the tidewater goby ( *Eucyclogobius newberryi* ), take (locate and monitor nests) the least Bell's vireo ( *Vireo bellii pusillus* ), and take (locate and monitor nests, capture, handle, weigh, band, and release) the California least tern ( *Sterna antillarum browni* ) and the light-footed clapper rail ( *Rallus longirostris levipes* ) in conjunction with surveys throughout the range of each species in California for the purpose of enhancing their survival. Permit No. TE-117075 *Applicant:* Richard Stabler, Santa Rosa, California. The applicant requests a permit to take (harass by survey, capture, handle, and release) the California tiger salamander ( *Ambystoma californiense* ) and the California freshwater shrimp ( *Syncaris pacifica* ) in conjunction with surveys in Sonoma County, California for the purpose of enhancing their survival. Permit No. TE-795934 *Applicant:* Jones and Stokes Associates, Inc., Sacramento, California. The permittee requests an amendment to take (harass by survey, capture, handle, and release) the California tiger salamander ( *Ambystoma californiense* ) in conjunction with surveys throughout its range in California for the purpose of enhancing its survival. Permit No. TE-117947 *Applicant:* Kevin B. Clark, San Diego, California. The applicant requests a permit to take (locate and monitor nests) the least Bell's vireo ( *Vireo bellii pusillus* ), take (locate and monitor nests, capture, handle, and release) the California least tern ( *Sterna antillarum browni* ), and the southwestern willow flycatcher ( *Empiconax traillii extimus* ) in conjunction with surveys throughout the range of each species in California, Arizona, and New Mexico for the purpose of enhancing their survival. Permit No. TE-118371 *Applicant:* K2 Environmental LLC, Bend, Oregon. The applicant requests a permit to take (locate and monitor nests) the least Bell's vireo ( *Vireo bellii pusillus* ) in conjunction with surveys throughout the range of the species in California for the purpose of enhancing its survival. Permit No. TE-118338 *Applicant:* Jana Johnson, Winnetka, California. The applicant requests a permit to take (captively rear) the Palos Verdes blue butterfly ( *Gaucopsyche lygdamus palosverdesensis* ) in conjunction with a breeding program in Los Angeles County, California, for the purpose of enhancing its survival. Permit No. TE-118356 *Applicant:* Olofson Environmental, Inc., Oakland, California. The applicant requests a permit to take (harass by survey, locate and monitor nests) the California clapper rail ( *Rallus longirostris obsoletus* ) in conjunction with demographic studies throughout the range of the species in California for the purpose of enhancing its survival. Permit No. TE-068072 *Applicant:* Philippe Vergne, Ramona, California. The permittee requests an amendment to take (capture, handle, mark, and release) the Stephens' kangaroo rat ( *Dipodomys stephensi* ) in conjunction with demographic studies throughout the range of the species in California for the purpose of enhancing its survival. We solicit public review and comment on each of these recovery permit applications. Dated: January 19, 2006. Michael B. Fris, Acting Manager, California/Nevada Operations Office, U.S. Fish and Wildlife Service. [FR Doc. E6-1939 Filed 2-10-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability for the Renewal of an Expired Section 10(a)(1)(B) Permit for Incidental Take of the Golden-Cheeked Warbler in Travis County, Texas
(Hunt)SUMMARY: On July 21, 1999, the U.S. Fish and Wildlife Service (Service) issued a section 10(a)(1)(B) permit, pursuant to section 10(a) of the Endangered Species Act (Act), for incidental take of the golden-cheeked warbler
(GCW)( *Dendroica chrysoparia* ) to James
(Jim)Hunt. The permit (TE-010556-0) was for a period of five years and expired on July 21, 2004. The requested permit renewal by Jim Hunt will extend the permit expiration by five years from the date the permit is reissued. DATES: To ensure consideration, written comments must be received on or before March 15, 2006. ADDRESSES: Persons wishing to review the request for extension, former incidental take permit, or other related documents may obtain a copy by written or telephone request to Scott Rowin, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas 78758, (512/490-0057 ext. 224). Documents will be available for public inspection by written request, or by appointment only, during normal business hours (8 a.m. to 4:30 p.m.) at the Fish and Wildlife Service Austin Office. Comments concerning the request for renewal should be submitted in writing to the Field Supervisor at the above address. Please refer to permit number TE-010556-0 when submitting comments. FOR FURTHER INFORMATION CONTACT: Scott Rowin at the U.S. Fish and Wildlife Service Austin Office, 10711 Burnet Road, Suite 200, Austin, Texas 78758 (512/490-0057 ext. 224), or by e-mail, *Scott_Rowin@fws.gov.* SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the “taking” of endangered species such as the GCW. However, the Service, under limited circumstances, may issue permits to take endangered wildlife species incidental to, and not the purpose of, otherwise lawful activities. Regulations governing permits for endangered species are at 50 CFR 17.22. This notice is provided pursuant to section 10(c) of the Act and National Environmental Policy Act regulations (40 CFR 1506.6). *Applicant:* Jim Hunt plans to construct a single family residence
(SFR)on his 10-acre lot located adjacent to City Park Road in Austin, Travis County, Texas. The construction of a SFR on approximately one acre of the 10-acre lot will eliminate less than one acre of GCW habitat and indirectly impact less than four additional acres of habitat. The original permit included, and the Applicant continues to propose to compensate for incidental take of the GCW by providing $1,500 to the Balcones Canyonlands Preserve, and placing a perpetual conservation easement on the remaining approximately nine acres to the Balcones Canyonlands Preserve. Since this property is located within the acquisition boundaries of the Balcones Canyonlands Preserve, it will add additional acreage to the preserve. The Applicant has agreed to follow all of the existing permit terms and conditions. If renewed, all of the permit terms and conditions will remain the same, and no additional take will be authorized. Geoffrey L. Haskett, Acting Regional Director, Region 2, Albuquerque, New Mexico. [FR Doc. E6-1941 Filed 2-10-06; 8:45 am] BILLING CODE 4510-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of an Application and Availability of an Environmental Assessment for an Incidental Take Permit for Construction of a School and Adjacent Roads in Volusia County, Florida AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice. SUMMARY: The Public Works Department of Volusia County and the Volusia County School Board (Applicants) request incidental take permits
(ITP)each with 5-year term, pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicants jointly prepared a single Habitat Conservation Plan
(HCP)identifying anticipated impacts to the Florida scrub-jay ( *Aphelocoma coerulescens* ) (scrub-jay) associated with road construction (Public Works Department) and construction of a new high school and its supporting infrastructure (School Board) within sections 10 and 15, Township 18 South, Range 30 East, Volusia County, Florida. The Applicants' HCP describes the mitigation and minimization measures proposed to address the effects of road and school construction on the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. We announce the availability of the ITP applications and HCP and an environmental assessment. DATES: Written comments on the ITP applications, HCP, and environmental assessment should be sent to the Service's Regional Office (see ADDRESSES ) and should be received on or before April 14, 2006. ADDRESSES: Persons wishing to review the applications, HCP, and environmental assessment may obtain a copy by writing the Service's Southeast Regional Office, Atlanta, Georgia. Please reference permit numbers TE107069-0 and/or TE107070-0 in such requests. Documents will also be available for public inspection by appointment during normal business hours at the Regional Office, 1875 Century Boulevard, Suite 200, Atlanta, Georgia 30345 (Attn: Endangered Species Permits), or Field Supervisor, U.S. Fish and Wildlife Service, 6620 Southpoint Drive South, Suite 310, Jacksonville, Florida 32216-0912. FOR FURTHER INFORMATION CONTACT: Mr. David Dell, Regional HCP Coordinator, (see ADDRESSES above), telephone: 404/679-7313, facsimile: 404/679-7081; or Mr. Mike Jennings, Fish and Wildlife Biologist, Jacksonville Field Office, Jacksonville, Florida (see ADDRESSES above), telephone: 904/232-2580. SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit comments by any one of several methods. Please reference permit numbers TE107069-0 and/or TE107070-0 in such comments. You may mail comments to the Service's Regional Office (see ADDRESSES ). You may also comment via the Internet to *david_dell@fws.gov* . Please submit comments over the internet as an ASCII file avoiding the use of special characters and any form of encryption. Please also include your name and return address in your internet message. If you do not receive a confirmation from us that we have received your internet message, contact us directly at either telephone number listed above (see FOR FURTHER INFORMATION CONTACT ). Finally, you may hand deliver comments to either Service office listed above (see ADDRESSES ). Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home address from the administrative record. We will honor such requests to the extent allowable by law. There may also be other circumstances in which we would withhold from the administrative record a respondent's identity, as allowable by law. If you wish us to withhold your name and address, you must state this prominently at the beginning of your comments. We will not, however, consider anonymous comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. The Florida scrub-jay (scrub-jay) is geographically isolated from other species of scrub-jays found in Mexico and the western United States. The scrub-jay is found exclusively in peninsular Florida and is restricted to xeric uplands (predominately in oak-dominated scrub). Increasing urban and agricultural development has resulted in habitat loss and fragmentation that has adversely affected the distribution and numbers of scrub-jays. The total estimated population is between 7,000 and 11,000 individuals. The decline in the number and distribution of scrub-jays in east-central Florida has been exacerbated by agricultural land conversions and urban growth in the past 50 years. Much of the historic commercial and residential development has occurred on the dry soils that previously supported scrub-jay habitat. Based on existing soils data, much of the current scrub-jay habitat of east-central Florida occurs in what was once the coastal sand dunes created over the millennia due to rising and falling oceans. These ancient dunes are most prevalent in western Volusia County and much of Marion County. Relict dunes along the east-central Florida Atlantic coast also provide some scrub-jay habitat. Much of this area of Florida was settled early because few wetlands restricted urban and agricultural development. Due to the effects of urban and agricultural development over the past 100 years, much of the remaining scrub-jay habitat is now relatively small and isolated. What remains is largely degraded due to the exclusion of fire that is needed to maintain xeric uplands in conditions suitable for scrub-jays. The Applicants have not proposed to minimize impacts to scrub-jays for a variety of reasons. At the school site, alternative site plans were considered, but none substantially reduced impacts to scrub-jays. Avoidance of impacts on the school site could not be achieved because of geological considerations and local requirements for stormwater retention, parking, and safety considerations regarding the juxtaposition of roads and school property. Alternative road alignments were considered, but due to the sighting requirements for the school, alternative alignments that minimized impacts to occupied scrub-jay habitat were not practicable. To mitigate the effects of take, the Applicants propose to utilize scrub-jay “credits” available pursuant to a previous Memorandum of Understanding
(MOU)between the Service and Applicants. The MOU established a scrub-jay conservation area at the 357-acre Lyonia Preserve in Volusia County and required specific long-term land management criteria be met for the benefit of scrub-jays and other scrub endemics. About 60 scrub-jay credits are currently available for use by the Applicants under the terms of the MOU. As defined by the MOU, a “credit” corresponds to acres of scrub-jay habitat. Two “credits” of mitigation at Lyonia Preserve are required to mitigate each acre of proposed impact. Construction of the proposed roads will require use of about 11.5 credits, while school construction will require about 13.4 credits. These projects were combined under one HCP because construction and operation of the completed school would require that new roads be built for access. Separate permit applications were submitted because two different local authorities would be involved in carrying out the road and school projects. Road construction would destroy about 5.7 acres of occupied scrub-jay habitat, while construction of the school will eliminate about 6.7 acres of occupied scrub-jay habitat. Combined, these two projects would be expected to result in the take of three scrub-jay families over a requested permit term of five years. The Service has made a preliminary determination that issuance of the requested ITP is not a major Federal action significantly affecting the quality of the human environment within the meaning of Section 102(2)(C) of National Environmental Policy Act. This preliminary information may be revised due to public comment received in response to this notice and is based on information contained in the EA and HCP. The Service will evaluate the HCP and comments submitted thereon to determine whether the application meets the issuance criteria requirements of section 10(a)(1)(B) of the Act (16 U.S.C. 1531 *et seq.* ). By conducting an intra-Service section 7 consultation the Service will also evaluate whether issuance of the section 10(a)(1)(B) ITP would comply with section 7 of the Act. The results of this consultation, in combination with the above findings, will be used in the final analysis to determine whether or not to issue the ITPs. This notice is provided pursuant to Section 10 of the Endangered Species Act and National Environmental Policy Act regulations (40 CFR 1506.6). Dated: January 27, 2006. Cynthia K. Dohner Acting Regional Director, Southeast Region. [FR Doc. E6-1949 Filed 2-10-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of an Application for an Incidental Take Permit for the Florida Scrub-Jay Resulting From the Proposed Construction of a Single-Family Home in Charlotte County, FL AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice. SUMMARY: Carlos Bigord (Applicant) requests an incidental take permit
(ITP)pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant anticipates taking over a one-year permit term, about 0.23 acre of Florida scrub-jay ( *Aphelocoma coerulescens* )(scrub-jay) foraging, sheltering, and possibly nesting habitat, incidental to lot preparation for the construction of a single-family home and supporting infrastructure in Charlotte County, Florida (Project). The Applicant's Habitat Conservation Plan
(HCP)describes the mitigation and minimization measures proposed to address the effects of the Project to the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. The Service announces the availability of the HCP for the incidental take application. DATES: Written comments on the ITP application and HCP should be sent to the Service's Regional Office (see ADDRESSES ) and should be received on or before March 15, 2006. ADDRESSES: Persons wishing to review the application and HCP may obtain a copy by writing the Service's Southeast Regional Office at the address below. Please reference permit number TE111605-0 in such requests. Documents will also be available for public inspection by appointment during normal business hours at the Southeast Regional Office, U.S. Fish and Wildlife Service, 1875 Century Boulevard, Suite 200, Atlanta, Georgia 30345 (Attn: Endangered Species Permits), or Field Supervisor, South Florida Ecological Services Field Office, U.S. Fish and Wildlife Service, 1339 20th Street, Vero Beach, Florida, 32960-3559. FOR FURTHER INFORMATION CONTACT: Mr. David Dell, Regional HCP Coordinator, Southeast Regional Office (see ADDRESSES above), telephone: 404/679-7313, facsimile: 404/679-7081; or Mark Salvato, Fish and Wildlife Biologist, South Florida Ecological Services Field Office, Vero Beach, Florida (see ADDRESSES above), telephone: 772-562-3909, ext. 340. SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit comments by any one of several methods. Please reference permit number TE111605-0 in such comments. You may mail comments to the Service's Southeast Regional Office (see ADDRESSES ). You may also comment via the Internet to *david_dell@fws.gov* . Please submit comments over the Internet as an ASCII file, avoiding the use of special characters and any form of encryption. Please also include your name and return address in your internet message. If you do not receive a confirmation from us that we have received your internet message, contact us directly at either telephone number listed below (see FOR FURTHER INFORMATION CONTACT ). Finally, you may hand-deliver comments to either Service office listed above (see ADDRESSES ). Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home addresses from the administrative record. We will honor such requests to the extent allowable by law. There may also be other circumstances in which we would withhold from the administrative record a respondent's identity, as allowable by law. If you wish us to withhold your name and address, you must state this prominently at the beginning of your comments. We will not, however, consider anonymous comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. The Florida scrub-jay (scrub-jay) is geographically isolated from other species of scrub-jays found in Mexico and the western United States. The scrub-jay is found exclusively in peninsular Florida and is restricted to xeric uplands (mostly consisting of oak-dominated scrub). Increasing urban and agricultural development has resulted in habitat loss and fragmentation, which has adversely affected the distribution and numbers of scrub-jays. The total estimated population is between 7,000 and 11,000 individuals. The decline in the number and distribution of scrub-jays in west-central Florida has been exacerbated by tremendous urban growth in the past 50 years. Much of the historic commercial and residential development has occurred on the dry soils which previously supported scrub-jay habitat. Based on existing soils data, much of the historic and current scrub-jay habitat of coastal west-central Florida occurs proximal to the current shoreline and larger river basins. Much of this area of Florida was settled early because few wetlands restricted urban and agricultural development. Due to the effects of urban and agricultural development over the past 100 years, much of the remaining scrub-jay habitat is now relatively small and isolated. What remains is largely degraded, due to the interruption of the natural fire regime which is needed to maintain xeric uplands in conditions suitable for scrub-jays. The scrub-jays using the subject residential lot and adjacent properties are part of a larger complex of scrub-jays located in a matrix of urban and natural settings in Charlotte County. The project site represents a portion of an isolated scrub-jay territory. Scrub-jays in urban areas are particularly vulnerable and typically do not successfully produce young that survive to adulthood. Persistent urban growth in this area will likely result in further reductions in the amount of suitable habitat for scrub-jays. Increasing urban pressures are also likely to result in the continued degradation of scrub-jay habitat as fire exclusion slowly results in vegetative overgrowth. Thus, over the long term, scrub-jays are unlikely to persist in urban settings, and conservation efforts for this species should target acquisition and management of large parcels of land outside the direct influence of urbanization. Construction of the Project's infrastructure and facilities would result in harm to scrub-jays, incidental to the carrying out of these otherwise lawful activities. The destruction of 0.23 acre of habitat associated with the proposed residential construction would reduce the availability of foraging, sheltering, and possible nesting habitat for one family of scrub-jays. As minimization, however, the Applicant proposes to conduct clearing activities outside of the nesting season. The Applicant proposes to mitigate the take of scrub-jays through contribution of $14,458 to the appropriate scrub-jay conservation fund. Funds in this account are earmarked for use in the conservation and recovery of scrub-jays and may include habitat acquisition, restoration, and management. The Service has determined that the HCP is a low-effect plan that is categorically excluded from further National Environmental Policy Act
(NEPA)analysis, and does not require the preparation of an Environmental Assessment or Environmental Impact Statement. This preliminary information may be revised based on our review of public comments that we receive in response to this notice. Low-effect HCPs are those involving:
(1)Minor or negligible effects on federally listed or candidate species and their habitats, and
(2)minor or negligible effects on other environmental values or resources. The Applicants' HCP qualifies for the following reasons: 1. Approval of the HCP would result in minor or negligible effects on the Florida scrub-jay population as a whole. The Service does not anticipate significant direct or cumulative effects to the Florida scrub-jay population as a result of the project. 2. Approval of the HCP would not have adverse effects on known unique geographic, historic, or cultural sites, or involve unique or unknown environmental risks. 3. Approval of the HCP would not result in any significant adverse effects on public health or safety. 4. The project does not require compliance with Executive Order 11988 (Floodplain Management), Executive Order 11990 (Protection of Wetlands), or the Fish and Wildlife Coordination Act, nor does it threaten to violate a Federal, State, local, or tribal law or requirement imposed for the protection of the environment. 5. Approval of the Plan would not establish a precedent for future action or represent a decision in principle about future actions with potentially significant environmental effects. The Service has determined that the Applicants' proposal, including the proposed mitigation and minimization measures, will individually and cumulatively have a minor or negligible effect on the species covered in the HCP. Therefore, the ITP is a “low-effect” project and qualifies as a categorical exclusion under the NEPA, as provided by the Department of the Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). The Service has determined that approval of the HCP qualifies as a categorical exclusion under NEPA, as provided by the Department of the Interior Manual (516 DM 2, Appendix 1, and 516 DM 6, Appendix 1). Therefore, no further NEPA documentation will be prepared. This notice is provided pursuant to Section 10 of the Endangered Species Act (16 U.S.C. 1531 *et seq.* ) and NEPA regulations (40 CFR 1506.6). The Service will evaluate the HCP and comments submitted thereon to determine whether the application meets the requirements of section 10(a) of the Act. If it is determined that those requirements are met, the ITP will be issued for incidental take of the Florida scrub-jay. The Service will also evaluate whether issuance of the section 10(a)(1)(B) ITP complies with section 7 of the Act by conducting an intra-Service section 7 consultation. The results of this consultation, in combination with the above findings, will be used in the final analysis to determine whether or not to issue an ITP. Dated: January 27, 2006. Cynthia K. Dohner, Acting Regional Director, Southeast Region. [FR Doc. E6-1962 Filed 2-10-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Notice of Intent To Prepare a Supplemental Environmental Impact Statement for the Proposed Campo Solid Waste Landfill Facility on the Campo Indian Reservation, San Diego County, CA; Reopening of Comment Period AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. SUMMARY: This notice advises the public that the Bureau of Indian Affairs
(BIA)is reopening the comment period on its Supplemental Environmental Impact Statement
(SEIS)for the Proposed Campo Solid Waste Landfill Facility on the Campo Indian Reservation in San Diego County, California, for an additional 30 days. The Notice of Intent to prepare the SEIS, published in the **Federal Register** on November 8, 2005 (70 FR 67738), announced a closing date for comments of December 9, 2005. DATES: Written comments for the new comment period must arrive by March 17, 2006. ADDRESSES: You may mail or hand carry written comments to Clay Gregory, Regional Director, Pacific Regional Office, Bureau of Indian Affairs, 2800 Cottage Way, Sacramento, California 95825. Please include your name, return address and the caption, “SEIS, Campo Solid Waste Landfill Facility Proposal,” on the first page of your written comments. FOR FURTHER INFORMATION CONTACT: John Rydzik,
(916)978-6042. SUPPLEMENTARY INFORMATION: The proposed action is to approve a lease and sublease to allow a 1,150-acre portion of the Campo Indian Reservation to be used for the construction and operation of an approximately 600-acre solid waste landfill facility, with a buffer zone. Details on the proposed action and previous environmental analysis may be found in the above-referenced Notice published in the **Federal Register** on November 8, 2005. Public Comment Availability Comments, including names and addresses of respondents, will be available for public review at the BIA address shown in the ADDRESSES section, during business hours, 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. Individual respondents may request confidentiality. If you wish to withhold your name and/or address from public review or from disclosure under the Freedom of Information Act, you must state this prominently at the beginning of your comment. Such requests will be honored to the extent allowed by the law. We will not, however, consider anonymous comments. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be available for public inspection in their entirety. Authority This notice is published in accordance with sections 1503.1, 1506.6 and 1508.22 of the Council on 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. 4321 *et seq* .), Department of the Interior Manual (516 DM 1-6), and is in the exercise of authority delegated to the Principal Deputy Assistant Secretary—Indian Affairs by 209 DM 8.1. Dated: January 31, 2006. Michael D. Olsen, Principal Deputy Assistant Secretary—Indian Affairs. [FR Doc. 06-1292 Filed 2-10-06; 8:45 am]
Connectionstraces to 6
5 references not yet in our index
  • Pub. L. 100-71
  • 16 USC 668dd-668ee
  • 42 USC 4321-4370d
  • 50 CFR 17.22
  • 40 CFR 1506.6
Citation graph
cites case law
Notices
Notice
Pub. L.Pub. L. 100-71
Cite16 USC 668dd-668ee
Cite42 USC 4321-4370d
Cite50 CFR 17.22
Cite40 CFR 1506.6
Cites 11Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.