Notices. Notice of issuance of permits for endangered species and marine mammals
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BILLING CODE 4310-$$-M DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Issuance of Permits AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of issuance of permits for endangered species and marine mammals. SUMMARY: The following permits were issued. ADDRESSES: 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:
U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Notice is hereby given that on the dates below, as authorized by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ), and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), the Fish and Wildlife Service issued the requested permits subject to certain conditions set forth therein.
For each permit for an endangered species, the Service found that
(1)The application was filed in good faith,
(2)the granted permit would not operate to the disadvantage of the endangered species, and
(3)the granted permit would be consistent with the purposes and policy set forth in Section 2 of the Endangered Species Act of 1973, as amended. Endangered Species Permit No. Applicant Receipt of application Federal Register notice Permit issuance date 111394 Smithsonian's National Zoo 71 FR 4373, January 26, 2006 May 1, 2007. 146078 New York State Museum 72 FR 11375, March 13, 2007 May 11, 2007. 724540 Archie Carr Center for Sea Turtle Research, University of Florida 72 FR 17929; April 10, 2007 May 11, 2007. Marine Mammals Permit No. Applicant Receipt of application Federal Register notice Permit issuance date 118442 Lance Barrett-Leonard, North Gulf Oceanic Society, Alaska 72 FR 13816; March 23, 2007 May 11, 2007. 147327 Donald M. Beam 72 FR 13816; March 23, 2007 April 30, 2007. Dated: May 18, 2007. Amy Brisendine, Acting Senior Permit Biologist,Branch of Permits,Division of Management Authority. [FR Doc. E7-11040 Filed 6-6-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of Applications for Permit AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of applications for permit. SUMMARY: The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals. DATES: Written data, comments or requests must be received by July 9, 2007. ADDRESSES: 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 within 30 days of the date of publication of this notice to: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Endangered Species The public is invited to comment on the following applications for a permit to conduct certain activities with endangered species. This notice is provided pursuant to Section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). Written data, comments, or requests for copies of these complete applications should be submitted to the Director (address above). *Applicant:* Hawthorn Corporation, Grayslake, Illinois, PRT-058670, 058734, 058735, 058738, 058739, 068240, 068353, 068239, 068350, 154232, 154233. The applicant requests permits to export and re-import 11 captive born tigers ( *Panthera tigris* ) to worldwide locations for the purpose of enhancement of the species through conservation education. The permit numbers and animals are: 058670, Xena; 058734, Shakti; 058735, Sariska; 058738, Calcutta; 058739, Kushka; 068240, Jeeva; 068353, Pashawn; 068239, Sharm; 068350, Segal; 154232, Sirit; and 154233, Shakma. This notification covers activities to be conducted by the applicant over a three-year period and the import of any potential progeny born while overseas. Marine Mammals The public is invited to comment on the following applications for a permit to conduct certain activities with marine mammals. The applications were submitted to satisfy requirements of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), and the regulations governing marine mammals (50 CFR Part 18). Written data, comments, or requests for copies of the complete applications or requests for a public hearing on these applications should be submitted to the Director (address above). Anyone requesting a hearing should give specific reasons why a hearing would be appropriate. The holding of such a hearing is at the discretion of the Director. *Applicant:* USGS, Alaska Science Center, Anchorage, AK, PRT-801652. The applicant requests renewal and amendment of a permit to take walrus ( *Odobenus rosmarus* ) in Alaska and to import and export biological samples for the purpose of scientific research. The take activities include capture and release; tag, mark and radio collar; and collection of biometrics and biological samples. This notification covers activities to be conducted by the applicant over a five-year period. Concurrent with the publication of this notice in the **Federal Register** , the Division of Management Authority is forwarding copies of the above application to the Marine Mammal Commission and the Committee of Scientific Advisors for their review. *Applicant:* Gregory L. Pope, Arroya Grande, CA, PRT-153572. The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Northern Beaufort Sea polar bear population in Canada for personal, noncommercial use. *Applicant:* John E. Stepan, Burnet, TX, PRT-154208. The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Northern Beaufort Sea polar bear population in Canada for personal, noncommercial use. *Applicant:* Herbert Rudolf, Bonita Springs, FL, PRT-154555. The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Lancaster Sound polar bear population in Canada for personal, noncommercial use. *Applicant:* Terry Morgan, Lufkin, TX, PRT-154890. The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Northern Beaufort Sea polar bear population in Canada for personal, noncommercial use. *Applicant:* James W. Dusa, Yuba City, CA, PRT-154199. The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Lancaster Sound polar bear population in Canada for personal, noncommercial use. *Applicant:* Victor J. Mueller, Princeton, WI, PRT-154206. The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Lancaster Sound polar bear population in Canada for personal, noncommercial use. *Applicant:* Jim A. Schilling, Happy Valley, OR, PRT-154610. The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Lancaster Sound polar bear population in Canada for personal, noncommercial use. Dated: May 18, 2007. Amy Brisendine, Acting Senior Permit Biologist,Branch of Permits,Division of Management Authority. [FR Doc. E7-11039 Filed 6-6-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Proposed Low Effect Habitat Conservation Plan for the Union Pacific Railroad Alhambra Subdivision, City of Colton, County of San Bernardino, CA AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability. SUMMARY: Union Pacific Railroad (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 5-year incidental take permit for one covered species pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for “take” of the endangered Delhi Sands flower-loving fly ( *Rhaphiomidas terminatus abdominalis* ) associated with the proposed double-tracking and rail and drainage improvements in the City of Colton, San Bernardino County, California. A conservation program to mitigate for the project activities would be implemented as described in the proposed Union Pacific Railroad Alhambra Subdivision Project Low Effect Habitat Conservation Plan (proposed HCP), which would be implemented by the applicant. We are requesting comments on the permit application and on the preliminary determination that the proposed HCP qualifies as a “Low-effect” Habitat Conservation Plan, eligible for a categorical exclusion under the National Environmental Policy Act
(NEPA)of 1969, as amended. The basis for this determination is discussed in the Environmental Action Statement
(EAS)and the associated Low Effect Screening Form, which are also available for public review. DATES: Written comments should be received on or before July 9, 2007. ADDRESSES: Comments should be addressed to the Field Supervisor, Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, California 92011. Written comments may be sent by facsimile to
(760)918-0638. FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES ); telephone:
(760)431-9440. SUPPLEMENTARY INFORMATION: Availability of Documents Individuals wishing copies of the application, proposed HCP, and EAS should immediately contact the Service by telephone at
(760)431-9440 or by letter to the Carlsbad Fish and Wildlife Office. Copies of the proposed HCP and EAS also are available for public inspection during regular business hours at the Carlsbad Fish and Wildlife Office [see ADDRESSES ]. Background Section 9 of the Act and its implementing Federal regulations prohibit the take of animal species listed as endangered or threatened. Take is defined under the Act as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect listed animal species, or attempt to engage in such conduct (16 U.S.C. 1538). However, under section 10(a) of the Act, the Service may issue permits to authorize incidental take of listed species. “Incidental take” is defined by the Act as take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Regulations governing incidental take permits for threatened and endangered species, respectively, are found in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32. The applicant is seeking a permit for take of the Delhi Sands flower-loving fly during the life of the permit. This species is referred to as the “DSF” in the proposed HCP. The applicant proposes to construct a new mainline track segment on 1.72 acres of land located east of Pepper Avenue in the City of Colton, California. The purpose of constructing this new mainline segment is to reduce the curve angle of the track to increase the speed and safety for trains moving through this area. We anticipate that all DSF would be lost within the 1.72 acres of DSF-occupied habitat. The project site does not contain any other rare, threatened or endangered species or habitat. No critical habitat for any listed species occurs on the project site. The applicant proposes to mitigate the effects to the DSF associated with the covered activities by fully implementing the HCP. The purpose of the proposed HCP's conservation program is to promote the biological conservation of the DSF. UPRR proposes to mitigate impacts to the DSF through purchase of 3 acres of credit within the Colton Dunes Conservation Bank in the City of Colton, San Bernardino County, California. The Proposed Action consists of the issuance of an incidental take permit and implementation of the proposed HCP, which includes measures to mitigate impacts of the project on the DSF. Two alternatives to the taking of the listed species under the Proposed Action are considered in the proposed HCP. Under the Curve Reduction Alternative, additional incidental take of DSF would be authorized and additional construction would be required. Under the No Action Alternative, no permit would be issued, and no construction would occur. The Service has made a preliminary determination that approval of the proposed 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) and as a “low-effect” plan as defined by the Habitat Conservation Planning Handbook (November 1996). Determination of Low-effect Habitat Conservation Plans is based on the following three criteria:
(1)Implementation of the proposed HCP would result in minor or negligible effects on federally listed, proposed, and candidate species and their habitats;
(2)Implementation of the proposed HCP would result in minor or negligible effects on other environmental values or resources; and
(3)Impacts of the proposed HCP, considered together with the impacts of other past, present and reasonably foreseeable similarly situated projects, would not result, over time, in cumulative effects to environmental values or resources which would be considered significant. Based upon this preliminary determination, we do not intend to prepare further NEPA documentation. We will consider public comments in making the final determination on whether to prepare such additional documentation. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. This notice is provided pursuant to section 10(c) of the Act. We will evaluate the permit application, the proposed HCP, and comments submitted thereon to determine whether the application meets the requirements of section 10
(a)of the Act. If the requirements are met, we will issue a permit to the Union Pacific Railroad for the incidental take of the Delhi Sands flower-loving fly from double tracking and rail and drainage improvements in the City of Colton, San Bernardino County, California. Dated: June 1, 2007. Jim A. Bartel, Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, California. [FR Doc. E7-10975 Filed 6-6-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Proposed Low Effect Habitat Conservation Plan for the Lytle Creek Turnout, County of San Bernardino, CA AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability. SUMMARY: The West Valley Water District (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 2-year incidental take permit for one covered species pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for “take” of the endangered San Bernardino kangaroo rat ( *Dipodomys Merriami parvus* ) associated with the proposed pipeline improvement and extension project of the City of Rialto and unincorporated San Bernardino County, California. A conservation program to minimize and mitigate for the project activities would be implemented as described in the proposed Lytle Creek Turnout Low Effect Habitat Conservation Plan (proposed HCP), which would be implemented by the applicant. We are requesting comments on the permit application and on the preliminary determination that the proposed HCP qualifies as a “Low-effect” Habitat Conservation Plan, eligible for a categorical exclusion under the National Environmental Policy Act
(NEPA)of 1969, as amended. The basis for this determination is discussed in the Environmental Action Statement
(EAS)and the associated Low Effect Screening Form, which are also available for public review. DATES: Written comments should be received on or before July 9, 2007. ADDRESSES: Comments should be addressed to the Field Supervisor, Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, California 92011. Written comments may be sent by facsimile to
(760)918-0638. FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES ); telephone:
(760)431-9440. SUPPLEMENTARY INFORMATION: Availability of Documents Individuals wishing copies of the application, proposed HCP, and EAS should immediately contact the Service by telephone at
(760)431-9440 or by letter to the Carlsbad Fish and Wildlife Office. Copies of the proposed HCP and EAS also are available for public inspection during regular business hours at the Carlsbad Fish and Wildlife Office (see ADDRESSES ). Background Section 9 of the Act and its implementing Federal regulations prohibit the take of animal species listed as endangered or threatened. Take is defined under the Act as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect listed animal species, or attempt to engage in such conduct (16 U.S.C. 1538). However, under section 10(a) of the Act, the Service may issue permits to authorize incidental take of listed species. “Incidental take” is defined by the Act as take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Regulations governing incidental take permits for threatened and endangered species, respectively, are found in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32. The applicant is seeking a permit for take of the San Bernardino kangaroo rat during the life of the permit. This species is referred to as the “SBKR” in the proposed HCP. The applicant proposes to replace and extend water pipeline service on 1.7 acres of land located within the Lyle Creek Wash in the City of Rialto and unincorporated San Bernardino County, California. The purposes of the project are to
(1)increase water delivery capacity of untreated surface water (State Water Project Water) from the San Gabriel Valley Water District's transmission pipeline system to the West Valley Water District and Fontana Water Company by replacing two 12-inch-diameter pipelines with one 30-inch-diameter pipeline and one 36-inch-diameter pipeline,
(2)install a pipeline to deliver water to a CEMEX aggregate mining operation, and
(3)install an emergency overflow pipeline that will discharge into existing spreading basins for groundwater recharge. We anticipate that some SBKR may be lost within the 1.7 acres of SBKR occupied habitat. The project is within designated critical habitat for the SBKR. The applicant proposes to minimize and mitigate the effects to the SBKR associated with the covered activities by fully implementing the HCP. The purpose of the proposed HCP's conservation program is to promote the biological conservation of the SBKR. The HCP includes measures to minimize impacts to SBKR by containing the project footprint, minimizing activities that may directly impact individual SBKR, and promoting recovery of impacted habitat. Impacts to SBKR habitat would be temporary. The applicant proposes to mitigate impacts to the SBKR through purchase of 2 acres of credit within the Cajon Creek Conservation Bank in San Bernardino County, California. The Proposed Action consists of the issuance of an incidental take permit and implementation of the proposed HCP, which includes measures to minimize and mitigate impacts of the project on the SBKR. Three alternatives to the taking of the listed species under the Proposed Action are considered in the proposed HCP. Under the No Action Alternative, no permit would be issued, and no construction or conservation would occur. Under the Reduce Project Alternative, impacts to SBKR and SBKR habitat would be reduced; however, the pipelines would not properly convey water to the final destinations. Under the Different Location Alternative, the pipelines would be relocated to avoid or reduce impacts to SBKR. This Alternative was not chosen because the project vicinity is generally occupied by SBKR and the cost of acquiring appropriate rights-of-way and constructing the larger project that would be necessary to reduce impacts to SBKR would be prohibitive. The Service has made a preliminary determination that approval of the proposed 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) and as a “low-effect” plan as defined by the Habitat Conservation Planning Handbook (November 1996). Determination of Low-effect Habitat Conservation Plans is based on the following three criteria:
(1)Implementation of the proposed HCP would result in minor or negligible effects on federally listed, proposed, and candidate species and their habitats;
(2)Implementation of the proposed HCP would result in minor or negligible effects on other environmental values or resources; and
(3)Impacts of the proposed HCP, considered together with the impacts of other past, present and reasonably foreseeable similarly situated projects, would not result, over time, in cumulative effects to environmental values or resources which would be considered significant. Based upon this preliminary determination, we do not intend to prepare further NEPA documentation. We will consider public comments in making the final determination on whether to prepare such additional documentation. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. This notice is provided pursuant to section 10(c) of the Act. We will evaluate the permit application, the proposed HCP, and comments submitted thereon to determine whether the application meets the requirements of section 10(a) of the Act. If the requirements are met, we will issue a permit to the West Valley Water District for the incidental take of the San Bernardino kangaroo rat from water pipeline improvements in the City of Rialto and unincorporated San Bernardino County, California. Dated: June 1, 2007. Jim A. Bartel, Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, California. [FR Doc. E7-10976 Filed 6-6-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Proposed Safe Harbor Agreement
(SHA)for Northern Idaho Ground Squirrels, Adams County, ID AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability: environmental action statement (EAS); receipt of application for a permit to enhancement of survival
(EOS)permit/SHA. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce receipt of an application for a 20-year EOS permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act), from Bob Mack and Carolyn Williams (applicants). The permit application includes a proposed 3-year SHA between the applicants and us. We are accepting comments on the SHA, permit application, and EAS. DATES: Written comments should be received on or before July 9, 2007. ADDRESSES: Address your comments to Carmen Thomas, Project Biologist, Fish and Wildlife Service, 1387 S. Vinnell Way, Room 368, Boise, ID 83709 (telephone: 208-378-5243; facsimile: 208-378-5262). FOR FURTHER INFORMATION CONTACT: Carmen Thomas at the above address or by telephone at 208-378-5243. SUPPLEMENTARY INFORMATION: Document Availability You may obtain copies of the documents for review by contacting the individual named above. You also may make an appointment to view the documents at the above address during normal business hours. The documents are also available electronically on the World Wide Web at *http://www.fws.gov/idahoes.* Public Availability of Comments Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Background Under SHAs, participating property owners voluntarily undertake management activities on their properties to enhance, restore, or maintain habitat benefitting species listed under the Act (16 U.S.C. 1531 *et seq.* ). SHAs encourage private and other non-Federal property owners to implement conservation efforts for listed species by assuring property owners they will not be subjected to increased property use restrictions if their efforts attract listed species to their property or increase the numbers or distribution of listed species already on their property. Application requirements and issuance criteria for EOS permits through SHAs are in 50 CFR 17.22(c). This proposed SHA would allow for management and conservation of the threatened northern Idaho ground squirrel ( *Spermophilus brunneus brunneus* ) on approximately 9 acres
(ac)(3.6 hectares (ha)) of private land owned by the applicants approximately 5.5 miles
(mi)(8.9 kilometers (km)) northwest of New Meadows, Idaho. Northern Idaho ground squirrels currently occupy less than 2 of the 9 ac (3.6 ha). This 2-ac (0.8-ha) protected area would have a baseline greater than zero (0), and no incidental take would be authorized under the permit within this area. The SHA allows us to carry out a variety of conservation measures within the 2-ac (0.8-ha) protected area to benefit conservation of northern Idaho ground squirrels. Within the 7 ac (3.6 ha) outside of the 2-ac (0.8-ha) protected area, the permit would authorize the applicants to return to the existing baseline conditions of zero
(0)northern Idaho ground squirrels. This SHA is intended to result in a net conservation benefit by enhancing northern Idaho ground squirrel habitat within the 2-ac (0.8-ha) protected area, and expanding the northern Idaho ground squirrel population to lands outside the protected area. Under the proposed SHA, the applicants would:
(1)Protect 2 ac (0.8 ha) of occupied, suitable northern Idaho ground squirrel habitat from land use activities that may result in “take” of ground squirrels;
(2)allow Service personnel access to the property to conduct ground squirrel conservation activities such as habitat enhancement, artificial feeding, ground squirrel surveys, and translocation of excess ground squirrels, should the current population expand beyond the 2-ac (0.8-ha) protected area;
(3)if appropriate, in cooperation with the Service, develop signs to discourage shooting of ground squirrels; and
(4)work cooperatively with the Service on other issues necessary to further the purposes of the SHA. Threats to the northern Idaho ground squirrel include: habitat loss due to seral forest encroachment into suitable meadow habitats, competition from Columbian ground squirrels ( *Spermophilus columbianus* ), land use changes, recreational shooting, and naturally occurring events. The SHA is intended to provide a net conservation benefit to northern Idaho ground squirrels by providing measures for ground squirrel habitat protection and enhancement, managing competition from Columbian ground squirrels, and controlling recreational shooting. The biological goal of ground squirrel conservation measures in the SHA is to expand the northern Idaho ground squirrel population at this site beyond the 2-ac (0.8-ha) protected area by reducing threats to the species. The SHA is intended to contribute to recovery of northern Idaho ground squirrels by reducing threats and expanding the ground squirrel population at this site. Recovery of the species is intended to be enhanced by increasing the viability of the population at this site and potentially allowing ground squirrels to be translocated to other sites in need of population supplementation. Consistent with the Service's Safe Harbor policy, under the SHA, we would issue a permit to the applicants authorizing incidental take of northern Idaho ground squirrels, as a result of activities on 7-ac (3.6-ha) of their property, outside the 2-ac (0.8-ha) protected area. These activities include use and maintenance of the applicants' house and garage; operation and maintenance of a well, underground power and telephone lines, septic system/drainfield, and other required utilities; and operation of cars and trucks on the driveway and all-terrain vehicles on the property outside the protected area. The maximum level of incidental take authorized under the proposed SHA may never be realized. The level of incidental take would be dependent on if, and how rapidly, northern Idaho ground squirrels expand beyond the 2-ac (0.8-ha) protected area. We have made a preliminary determination that the proposed SHA and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969. We explain the basis for this determination in an EAS, which also is available for public review. We provide this notice pursuant to section 10(c) of the Act and pursuant to implementing regulations for the National Environmental Policy Act
(NEPA)(40 CFR 1506.6). We will evaluate the permit application, associated documents, and comments submitted thereon to determine whether the permit application meets the requirements of section 10(a) of the Act and NEPA regulations. If we determine that the requirements are met, we will sign the proposed SHA and issue an EOS permit under section 10(a)(1)(A) of the Act to the applicants for take of northern Idaho ground squirrels incidental to otherwise lawful activities in accordance with the terms of the SHA. We will not make our final decision until after the end of the 30-day comment period and will fully consider all comments received during the comment period. Dated: June 1, 2007. Jeffery L. Foss, Field Office Supervisor, Fish and Wildlife Service,Boise, Idaho. [FR Doc. E7-10978 Filed 6-6-07; 8:45 am] BILLING CODE 4310-55-P INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-601] In the Matter of Certain 3G Wideband Code Division Multiple Access (WCDMA) Handsets and Components Thereof; Notice of Commission Decision Not to Review an Initial Determination Granting Complainants' Motion To Amend the Complaint and Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) of the presiding administrative law judge (“ALJ”) granting complainants” motion to amend the complaint and notice of investigation in the above-captioned investigation. FOR FURTHER INFORMATION CONTACT: Eric Frahm, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)205-3107. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *http://www.usitc.gov.* The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on
(202)205-1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on April 23, 2007, based on a complaint filed by InterDigital Communications Corp. of King of Prussia, Pennsylvania and InterDigital Technology Corp. of Wilmington, Deleware (collectively, “InterDigital”). 72 FR 21049. The complaint, as amended and supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain 3G wideband code division multiple access (WCDMA) handsets and components thereof by reason of infringement of claims 1, 2, 7-10, 14, 15, 21, 22, 24, 30-32, 34, 35, 46, 47, 49, 59, and 60 of U.S. Patent No. 7,117,004; claims 7 and 10 of U.S. Patent No. 6,674,791; and claims 1-4 of U.S. Patent No. 6,693,579. The complaint further alleges the existence of a domestic industry as required by section 337(a)(2). The notice of investigation named Samsung Electronics Co., Ltd. of Seoul, Korea; Samsung Electronics America, Inc. of Ridgefield Park, New Jersey; and Samsung Telecommunications America LLC of Richardson, Texas (collectively, “Samsung”) as respondents. On May 4, 2007, InterDigital moved to amend the complaint and notice of investigation to add allegations of infringement of claims 1, 3, and 6-12 of U.S. Patent No. 7,190,966. On May 14, 2007, the Commission investigative attorney filed a response supporting the motion. Samsung did not oppose the motion. On May 15, 2007, the ALJ issued an ID (Order No. 3) granting InterDigital's motion, finding that there was good cause to amend the complaint and notice of investigation. No party petitioned for review of the ID. The Commission has determined not to review this ID. The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in sections 210.14 and 210.42(c) of the Commission's Rules of Practice and Procedure, 19 CFR 210.14, 210.42(c). Issued: June 1, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-10938 Filed 6-6-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 701-TA-409 (Final)] Low Enriched Uranium From France AGENCY: United States International Trade Commission. ACTION: Termination of five-year review. SUMMARY: On May 25, 2007, the Department of Commerce published notice in the **Federal Register** of an amended final negative determination pursuant to final court decision, rescission of administrative review, and revocation of the countervailing duty order in connection with the subject investigation (72 FR 29301). Accordingly, pursuant to section 207.40(a) of the Commission's Rules of Practice and Procedure (19 CFR 207.40(a)), the five-year review concerning the countervailing duty order on imports of low enriched uranium from France (investigation No. 701-TA-409 (Review)) is terminated. DATES: *Effective Date:* May 25, 2007. FOR FURTHER INFORMATION CONTACT: Nathanael Comly (202-205-3174), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* Authority: This investigation is being terminated under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 201.10 of the Commission's rules (19 CFR 201.10). Issued: May 31, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-10950 Filed 6-6-07; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Notice of Intent To Prepare a Draft Environmental Impact Statement
(DEIS)for Development of a Contract Detention Facility To House Persons in the Custody of the U.S. Department of Justice The contract detention facility is proposed to be located within a 75-mile radius of the Lloyd D. George U.S. Courthouse located at 333 Las Vegas Boulevard, Las Vegas, Nevada. AGENCY: U.S. Department of Justice, Office of the Federal Detention Trustee. ACTION: Notice of Intent to Prepare a Draft Impact Statement. SUMMARY: The United States Department of Justice, Office of the Federal Detention Trustee (OFDT), intends to prepare a Draft Environmental Impact Statement
(DEIS)for development of a contract detention facility to house persons in the custody of the U.S. Department of Justice. The contract detention facility is proposed to be located within a 75-mile radius of the Lloyd D. George U.S. Courthouse located at 333 Las Vegas Boulevard, Las Vegas, Nevada. Background Information The Office of the Federal Detention Trustee
(OFDT)was established on December 20, 2000, when the President signed the Department of Justice Appropriations Act of 2001, Public Law 106-553. Public Law 106-553 provides for necessary expenses for the OFDT who shall exercise all power and functions authorized by law relating to the detention of federal prisoners in non-federal institutions, or otherwise in the custody of the United States Marshals Service (USMS); and the detention of aliens in the custody of the U.S. Department of Homeland Security, Immigration and Customs Enforcement (DHS/ICE). The OFDT has responsibility over construction of detention facilities or for housing related to such detention; the management of funds appropriated to the U.S. Department of Justice for the exercise of any detention functions, and the direction of the USMS and the DHS/ICE involving detention policies and operations for the U.S. Department of Justice. Detention consumes a significant and growing portion of the Department's budget with responsibility for detainees divided among several agencies. At the present time, the OFDT is seeking to obtain contract detention services to house persons in the custody of the USMS in the Las Vegas, Nevada region. The comprehensive detention services would serve a population principally consisting of individuals charged with federal offenses and detained while awaiting trial or sentencing, a hearing on immigration status, or deportation. The OFDT intends to award a contract to accommodate approximately 1,000 to 1,500 detainees. During the past 20 years, the federal detainee population has experienced unprecedented growth as a result of expanded federal law enforcement initiatives and resources. During this time, the detainee population has increased by over 1,000 percent, from approximately 3,000 in 1981 to over 55,000 today with continued growth in the federal detainee population expected for the foreseeable future. These prisoners are currently housed in a combination of local, state, federal and private facilities with the growth in the detainee population occurring at the same time that available space in local jails is decreasing. Local jail space is increasingly needed to house local offenders, leaving less space available for the contractual accommodation of federal detainees. These trends are projected to continue and present a major challenge for the OFDT and other federal agencies responsible for detaining prisoners. By contrast, the USMS is the nation's oldest and most versatile federal law enforcement agency. Created by the Judiciary Act of 1789, the same legislation that established the federal judicial system, the USMS have served the nation through a variety of vital law enforcement activities. The Director, Deputy Director and 94 U.S. Marshals (appointed by the President or the Attorney General) direct the activities of 95 district offices and personnel stationed at more than 350 locations throughout the 50 states and U.S. territories. The USMS occupies a uniquely central position in the federal justice system and is involved in virtually every federal law enforcement initiative. Approximately 4,000 Deputy Marshals and career employees perform a variety of nationwide, day-to-day missions. Faced with severe bedspace shortages in state and local jails, especially in major metropolitan areas, the OFDT and USMS periodically contract for detention services. Such a situation has arisen in the Las Vegas area where, until recently, federal detainees were housed in locally-owned and operated facilities. In response, it has been determined that in order to house federal detainees within proximity to the U.S. Courthouse in Las Vegas, reliance would be placed upon a Contractor-owned/Contractor-operated detention facility. The proposed facility shall be located within a 75-mile radius of the Lloyd D. George U.S. Federal Courthouse which is located at 333 Las Vegas Boulevard South in Las Vegas, Nevada. Proposed Action The OFDT, in cooperation with the USMS, has determined that there is a need to house approximately 1,000 to 1,500 federal detainees within the Las Vegas, Nevada area. The high level of law enforcement activities of U.S. Department of Justice in the western United States in general and the Las Vegas, Nevada region in particular requires more beds than are readily available in local or state facilities. There is also a particular need for detention facilities to be located near federal courthouses because of the USMS responsibility to detain those individuals accused of violating federal laws and to make them available to the courts when necessary for trial or sentencing. In response to this need, the OFDT, in cooperation with the USMS, is seeking to contract with a detention contractor to provide a contractor-owned and operated facility capable of housing approximately 1,000 to 1,500 detained individuals charged with federal offenses. Prospective contract detention facility sites within a 75-mile radius of the U.S. Courthouse located at 333 Las Vegas Boulevard in Las Vegas, Nevada have been offered to the OFDT and USMS for consideration. The sites are described as follows: • Apex Industrial Use Zone Site (A)—Unincorporated Clark County, Nevada. • Apex Industrial use Zone Site (B)—Unincorporated Clark County, Nevada. • Dolan Springs Site—Dolan Springs, Mohave County, Arizona. • 1600 East Mike Road Site—Pahrump, Nye County, Nevada. • 2250 East Mesquite Avenue Site—Pahrump, Nye County, Nevada. • 2871 East Mesquite Avenue Site—Pahrump, Nye County, Nevada. • 8251 East Panaca Avenue/8500 East Huxley Avenue Site—Pahrump, Nye County, Nevada. • 630 East Parque Avenue Site—Pahrump, Nye County, Nevada. • Kingman Site—Kingman, Mohave County, Arizona. • Moapa 80 Site—Moapa, Nevada. • 6871 North Blagg Road Site—Pahrump, Nye County, Nevada. Several of the sites listed above have been offered by more than one contractor and each site offered will be evaluated by the OFDT in a DEIS that will analyzed the potential impacts of detention facility construction and operation at the prospective sites. The Process In the process of evaluating prospective sites, many factors and features will be analyzed including, but not limited to: topography, geology/soils, hydrology, biological resources, utility services, transportation services, cultural resources, land uses, socio-economics, hazardous materials, visual and aesthetic resources, air and noise quality, among others. Alternatives In developing the DEIS, the No Action alternative and alternative sites for the proposed contract detention facility will be examined. Scoping Process During the preparation of the DEIS, there will be opportunities for public involvement in order to determine the issues to be examined. Public Scoping Meetings will be held in and around communities under consideration for development of the contract detention facility at times, dates and at locations to be determined. The meeting locations, dates, and times will be well publicized and will be arranged to allow for the public as well as interested agencies and organizations to attend and formally express their views on the scope and significant issues to be studied as part of the DEIS process. The Public Scoping Meetings are also being held to provide for timely public comments and understanding of federal plans and programs with possible environmental consequences as required by the National Environmental Policy Act of 1969, as amended, and the National Historic Preservation Act of 1966, as amended. Availability of DEIS Public notice will be given concerning the availability of the DEIS for public review and comment. FOR FURTHER INFORMATION CONTACT: Scott P. Stermer, Assistant Federal Detention Trustee, Telephone: 202-353-4601/Facsimile: 202-353-4611/e-mail: *scott.stermer2@usdoj.gov.* Dated: May 31, 2007. Scott P. Stermer, Assistant Federal Detention Trustee, Office of the Federal Detention Trustee. [FR Doc. 07-2830 Filed 6-6-07; 8:45am]
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Traces to 7 documents
U.S. Code
6 references not yet in our index
- 50 CFR 18
- 50 CFR 17.22
- 50 CFR 17.32
- 50 CFR 17.22(c)
- 40 CFR 1506.6
- Pub. L. 106-553
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Cite50 CFR 17.22
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