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12708 Federal Register / Vol. 70, No.

49 / Tuesday, March 15, 2005 / Notices

and facsimile numbers, e-mail, and Territory of American Samoa (FEMA– SUMMARY: This notice amends the notice
sponsoring organization, if any). 1582-DR), dated February 18, 2005, and of a major disaster declaration for the
related determinations. Commonwealth of Kentucky (FEMA–
Background Information on the CERHR
EFFECTIVE DATE: March 3, 2005. 1578–DR), dated February 8, 2005, and
The NTP established the NTP CERHR related determinations.
in June 1998 (Federal Register, EFFECTIVE DATE: March 7, 2005.
Magda Ruiz, Recovery Division, Federal
December 14, 1998 (volume 63, number FOR FURTHER INFORMATION CONTACT:
Emergency Management Agency,
239, page 68782)). The CERHR is a Magda Ruiz, Recovery Division, Federal
Washington, DC 20472, (202) 646–2705.
publicly accessible resource for Emergency Management Agency,
information about adverse reproductive SUPPLEMENTARY INFORMATION: The notice
of a major disaster declaration for the Washington, DC 20472, (202) 646–2705.
and/or developmental health effects
Territory of American Samoa is hereby SUPPLEMENTARY INFORMATION: The notice
associated with exposure to
amended to include the following areas of a major disaster declaration for the
environmental and/or occupational
among those areas determined to have Commonwealth of Kentucky is hereby
exposures. Expert panels conduct
been adversely affected by the amended to include the following areas
scientific evaluations of agents selected
catastrophe declared a major disaster by among those areas determined to have
by the CERHR in public forums.
the President in his declaration of been adversely affected by the
The CERHR invites the nomination of
February 18, 2005: catastrophe declared a major disaster by
agents for review or scientists for its
the President in his declaration of
expert registry. Information about Manu’a Islands for Individual Assistance
and Categories C through G under the Public
February 8, 2005:
CERHR and the nomination process can
be obtained from its home page Assistance program (already designated for Marshall County for Public Assistance.
( or by debris removal (Category A) and emergency Marshall County for emergency protective
protective measures (Category B), including measures (Category B) under the Public
contacting Dr. Shelby (see FOR FURTHER Assistance program for a period of 48 hours.
direct Federal assistance under the Public
INFORMATION CONTACT above). The Lyon County for emergency protective
Assistance program.)
CERHR selects chemicals for evaluation The Territory of American Samoa for Crisis measures (Category B) under the Public
based upon several factors including Counseling under the Individual Assistance Assistance program for a period of 48 hours
production volume, extent of human program (already designated for debris (already designated for Public Assistance).
exposure, public concern, and removal (Category A) and emergency (The following Catalog of Federal Domestic
published evidence of reproductive or protective measures (Category B), including Assistance Numbers (CFDA) are to be used
developmental toxicity. direct Federal assistance under the Public for reporting and drawing funds: 97.030,
CERHR follows a formal, multi-step Assistance program.) Community Disaster Loans; 97.031, Cora
process for review and evaluation of (The following Catalog of Federal Domestic Brown Fund Program; 97.032, Crisis
selected chemicals. The formal Assistance Numbers (CFDA) are to be used Counseling; 97.033, Disaster Legal Services
for reporting and drawing funds: 97.030, Program; 97.034, Disaster Unemployment
evaluation process was published in the Assistance (DUA); 97.046, Fire Management
Community Disaster Loans; 97.031, Cora
Federal Register notice July 16, 2001 Brown Fund Program; 97.032, Crisis Assistance; 97.048, Individual and
(volume 66, number 136, pages 37047– Counseling; 97.033, Disaster Legal Services Household Housing; 97.049, Individual and
37048), and is available on the CERHR Program; 97.034, Disaster Unemployment Household Disaster Housing Operations;
Web site under ‘‘About CERHR’’ or in Assistance (DUA); 97.046, Fire Management 97.050 Individual and Household Program-
printed copy from the CERHR. NTP– Assistance; 97.048, Individuals and Other Needs, 97.036, Public Assistance
CERHR monographs are available on the Households Housing; 97.049, Individuals and Grants; 97.039, Hazard Mitigation Grant
CERHR Web site or in hard copy or CD Households Disaster Housing Operations; Program.)
from the CERHR. 97.050 Individuals and Households Program-
Other Needs, 97.036, Public Assistance Michael D. Brown,
Dated: March 7, 2005. Grants; 97.039, Hazard Mitigation Grant Under Secretary, Emergency Preparedness
Samuel H. Wilson, Program.) and Response, Department of Homeland
Deputy Director, National Institute of Security.
Michael D. Brown, [FR Doc. 05–5051 Filed 3–14–05; 8:45 am]
Environmental Health Sciences.
Under Secretary, Emergency Preparedness BILLING CODE 9110–10–P
[FR Doc. 05–5083 Filed 3–14–05; 8:45 am]
and Response, Department of Homeland
BILLING CODE 4140–01–P Security.
[FR Doc. 05–5050 Filed 3–14–05; 8:45 am]
Fish and Wildlife Service
DEPARTMENT OF HOMELAND Proposed Low-Effect Habitat
Federal Emergency Management SECURITY Conservation Plan for Southern
California Edison Etiwanda-Miraloma
[FEMA–1582–DR] Federal Emergency Management Transmission Line Reconductor
Agency Project, Riverside and San Bernardino
American Samoa; Amendment No. 2 to [FEMA–1578–DR] Counties, CA
Notice of a Major Disaster Declaration
Kentucky; Amendment No. 1 to Notice AGENCY: Fish and Wildlife Service,
AGENCY: Federal Emergency Interior.
Management Agency, Emergency of a Major Disaster Declaration
ACTION: Notice of availability; receipt of
Preparedness and Response Directorate, AGENCY: Federal Emergency application.
Department of Homeland Security. Management Agency, Emergency
ACTION: Notice. Preparedness and Response Directorate, SUMMARY: Southern California Edison
Department of Homeland Security. (applicant) has applied to the U.S. Fish
SUMMARY: This notice amends the notice and Wildlife Service (Service) for a 5-
ACTION: Notice.
of a major disaster declaration for the year incidental take permit for two

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Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices 12709

species pursuant to section 10(a)(1)(B) Background habitat within Applicant-owned

of the Endangered Species Act of 1973, Section 9 of the Act and its property or by the purchase of one acre
as amended (Act). The application implementing Federal regulations of high-quality DSF habitat at the Colton
addresses the potential for ‘‘take’’ of the prohibit the take of animal species listed Dunes Mitigation Bank, operated by the
Delhi Sands flower-loving fly as endangered or threatened. The Vulcan Materials Company, in Colton,
(Rhaphiomidas terminatus definition of take under the Act is to California.
abdominalis), listed as endangered harass, harm, pursue, hunt, shoot, Project implementation also may
under the Act. It also addresses impacts wound, kill, trap, capture or collect result in adverse effects to the
to the burrowing owl (Athene listed animal species, or to attempt to burrowing owl. The Applicant proposes
cunicularia hypugea), a California State engage in such conduct (16 U.S.C. to minimize and mitigate the effects to
designated Species of Special Concern. 1538). However, under section 10(a) of the burrowing owl associated with
Impacts to both species would occur the Act, the Service may issue permits covered activities by fully implementing
from proposed upgrading of the existing to authorize incidental take of listed the Plan. Unavoidable effects to the
Etiwanda-Miraloma Transmission Line animal species. ‘‘Incidental take’’ is burrowing owl would be mitigated by
in Riverside and San Bernardino defined by the Act as take that is relocating any nesting owls within the
counties, California. A conservation incidental to, and not the purpose of, construction area in accordance with
program to mitigate for the project carrying out an otherwise lawful the guidelines and measures outlined in
activities would be implemented by the activity. Regulations governing the proposed Plan. No critical habitat
applicant as described in the proposed incidental take permits for threatened has been proposed or designated for the
Southern California Edison (SCE) Low- and endangered species, respectively, burrowing owl.
Effect Habitat Conservation Plan are found at 50 CFR 17.22 and 50 CFR The Proposed Action consists of the
(proposed plan), which is available for 17.32. issuance of an incidental take permit
public review. The applicant is seeking a permit for and implementation of the proposed
take of the endangered Delhi Sands Plan, which includes measures to
We are requesting comments on the minimize and mitigate impacts of the
flower-loving fly (DSF), and for the
proposed Plan and on the preliminary project on the DSF and burrowing owl.
burrowing owl should it become listed
determination that the proposed Plan Alternatives to the taking of the DSF
as threatened or endangered under the
qualifies as a ‘‘Low-effect’’ Habitat and burrowing owl are considered in
Act during the life of the proposed 5-
Conservation Plan, eligible for a the proposed Plan. Under the No Action
year permit. DSF were observed on the
categorical exclusion under the National Alternative, no permit would be issued,
proposed project site. No critical habitat
Environmental Policy Act (NEPA) of for any listed species occurs on the and no construction would occur.
1969, as amended. The basis for this project site. The project site does not Under the Reduced Project Alternative,
determination is discussed in an contain any threatened or endangered incidental take of DSF and burrowing
Environmental Action Statement and species or habitat. owl would be authorized, but the
the associated Low-Effect Screening The proposed transmission line applicant would reduce the area of
Form (EAS/screening form), which are upgrade project would involve the one- impact. Under the ‘‘Participate in
also available for public review. time removal of existing transmission Regional Planning’’ Alternative, the
DATES: Written comments should be lines, replacing these lines with new, Applicant could eventually receive
received on or before April 14, 2005. higher capacity lines, and replacing incidental take authorization but the
existing ground wire with fiber line. A proposed project would be delayed until
ADDRESSES: Comments should be structural modification of the existing completion of a regional habitat
addressed to Jim Bartel, Field support system (i.e., the replacement of conservation plan in San Bernardino
Supervisor, Fish and Wildlife Service, seven existing towers with taller towers) County.
Carlsbad Fish and Wildlife Office, 6010 would be necessary to maintain The Service has made a preliminary
Hidden Valley Road, Carlsbad, adequate ground clearance. determination that approval of the
California 92008. Written comments Project implementation may result in proposed Plan qualifies for categorical
may be sent by facsimile to (760) 918– take of the DSF. Although the project exclusion under NEPA, as provided by
0638. area covers 126 acres, total construction the Department of the Interior Manual
impacts that would result in habitat (516 DM 2, Appendix 1 and 516 DM 6,
disturbance for the DSF and burrowing Appendix 1) and as a ‘‘low-effect’’ plan
Karen Goebel, Assistant Field
owl are limited to 4.17 acres. Within as defined by the Habitat Conservation
Supervisor, Carlsbad Fish and Wildlife Planning Handbook (November 1996).
these 4.17 acres, a total of 0.88 acres of
Office (see ADDRESSES); telephone: (760) Determination of Low-effect Habitat
temporary and/or permanent
431–9440. disturbance of habitat for the DSF Conservation Plans is based on the
Availability of Documents would occur. following three criteria: (1)
The Applicant proposes to minimize Implementation of the proposed Plan
Individuals wishing copies of the and mitigate the effects to the DSF would result in minor or negligible
application, proposed plan, and EAS/ associated with the covered activities by effects on federally listed, proposed, and
screening form should immediately fully implementing the Plan. The candidate species and their habitats; (2)
contact the Service by telephone (see purpose of the proposed Plan’s implementation of the proposed Plan
FOR FURTHER INFORMATION CONTACT) or conservation program is to avoid and would result in minor or negligible
by letter to the Carlsbad Fish and minimize impacts to the DSF during effects on other environmental values or
Wildlife Office (see ADDRESSES). Copies project construction and to mitigate resources; and (3) impacts of the
of the proposed plan and EAS/screening unavoidable impacts from temporary proposed Plan, considered together with
form also are available for public habitat disturbance and permanent the impacts of other past, present and
inspection during regular business habitat loss. Unavoidable effects to the reasonably foreseeable similarly situated
hours at the Carlsbad Fish and Wildlife DSF would be mitigated either through projects, would not result, over time, in
Office (see ADDRESSES). the restoration of 1.25 acres of DSF cumulative effects to environmental

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12710 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices

values or resources that would be ADDRESSES: The complete file for this Commission; North Dakota Game and
considered significant. notice is available for inspection, by Fish Department; Oklahoma Department
Based upon this preliminary appointment (contact John L. Trapp, of Wildlife Conservation; Pennsylvania
determination, we do not intend to (703) 358–1714), during normal Game Commission; Rhode Island
prepare further NEPA documentation. business hours at U.S. Fish and Wildlife Division of Fish and Wildlife; South
We will consider public comments in Service, 4501 North Fairfax Drive, Room Dakota Department of Game, Fish, and
making the final determination on 4107, Arlington, Virginia. Parks; Vermont Department of Fish and
whether to prepare such additional SUPPLEMENTARY INFORMATION: Wildlife; Virginia Department of Game
documentation. and Inland Fisheries; Wisconsin
What Is the Authority for This Notice? Department of Natural Resources; and
This notice is provided pursuant to
section 10(c) of the Act. We will Migratory Bird Treaty Reform Act of Wyoming Game and Fish Department),
evaluate the permit application, the 2004 (Division E, Title I, Sec. 143 of the 11 nonprofit organizations representing
proposed Plan, and comments Consolidated Appropriations Act, 2005, bird conservation and science interests
submitted thereon to determine whether Pub. L. 108–447). (American Bird Conservancy—
the application meets the requirements submitted on behalf of 10 constituent
What Is the Purpose of This Notice?
of section 10(a) of the Act. If the organizations; Atlantic Flyway
The purpose of this notice is to make Council—representing 17 States, 7
requirements are met, we will issue a the public aware of the final list of ‘‘all
permit to the Applicant for the Provinces, Puerto Rico, and the U.S.
nonnative, human-introduced bird Virgin Islands; California Partners in
incidental take of the DSF, and the species to which the Migratory Bird Flight; Environmental Studies at Airlie–
burrowing owl should it be listed during Treaty Act (16 U.S.C. 703 et seq.) does Swan Research Program; Friends of
the permit term. The permit would be not apply,’’ as required by the MBTRA Iroquois National Wildlife Refuge;
contingent upon implementation of the of 2004. National Audubon Society; National
Applicant’s proposed Plan in Riverside This notice is strictly informational. It Wildlife Federation; Ornithological
and San Bernardino counties, merely lists some of the bird species to Council—representing 11 scientific
California. which the MBTA does not apply. The societies of ornithology; Point Reyes
Dated: March 9, 2005. presence or absence of a species on this Bird Observatory; Tennessee
Tom McCabe, list has no legal effect. This list does not Ornithological Society; and The Nature
Acting Deputy Manager, California/Nevada change the protections that any of these Conservancy), 1 organization
Operations Office, Sacramento, California. species might receive under such representing an extractive industry
[FR Doc. 05–5017 Filed 3–14–05; 8:45 am] agreements as CITES—the Convention (National Mining Association), and 18
on International Trade in Endangered private citizens.
Species of Wild Fauna and Flora Opposition to the draft list came from
(T.I.A.S. 8249), the Endangered Species 4 animal-rights organizations (Ecology
DEPARTMENT OF THE INTERIOR Act of 1973 (16 U.S.C. 1531–1544, 87 Center of Southern California, Friends
Stat. 275), or the Wild Bird of Animals, Friends of Montgomery
Fish and Wildlife Service Conservation Act of 1992 (16 U.S.C. Village Wildlife, and Humane Society of
4901–4916, 106 Stat. 2224). Regulations the United States), 2 law firms
Final List of Bird Species to Which the implementing the MBTA are found in (representing the Humane Society of the
Migratory Bird Treaty Act Does Not parts 10, 20, and 21 of 50 CFR. The list United States and MBTA Advocates—
Apply of migratory birds covered by the MBTA the litigant in an outstanding lawsuit
is located at 50 CFR 10.13. involving the mute swan), and some 770
AGENCY: Fish and Wildlife Service,
What Was the Response of the Public to private citizens. The vast majority of the
the Draft List? latter comments are directly traceable to
ACTION: Notice of availability. a posting made on January 13 to a free,
A notice announcing a draft list of the weekly e-mail subscription service
SUMMARY: We are publishing a final list nonnative human-introduced bird maintained jointly by the Fund for
of the nonnative bird species that have species to which the MBTA does not Animals and the Humane Society of the
been introduced by humans into the apply was published on January 4, 2005 United States to notify their members of
United States or its territories and to (70 FR 372), with a request for public ‘‘hot issues in animal protection’’ and
which the Migratory Bird Treaty Act comments. The notice generated encourage them to write to public
(MBTA) does not apply. This action is approximately 826 nonduplicated officials. Nearly all of these comments
required by the Migratory Bird Treaty comments from the public. The draft list repeat the four ‘‘talking points’’
Reform Act (MBTRA) of 2004. The was supported by 21 State wildlife included in the alert and exhibit other
MBTRA amends the MBTA by stating agencies (Arizona Game and Fish similarities indicative of a common
that it applies only to migratory bird Department; Connecticut Bureau of origin. The ‘‘talking points’’ are
species that are native to the United Natural Resources; Delaware Division of addressed in the Service’s responses to
States or its territories, and that a native Fish and Wildlife; Florida Fish and Issues 1, 2, 3, and 10.
migratory bird is one that is present as Wildlife Conservation Commission; Issue 1: One reviewer argued at length
a result of natural biological or Maryland Department of Natural (and numerous others suggested) that
ecological processes. This notice Resources; Massachusetts Division of the Service must prepare an
identifies those species that are not Fisheries and Wildlife; Michigan Environmental Impact Statement (EIS)
protected by the MBTA, even though Department of Natural Resources; before publishing the final list of bird
they belong to biological families Montana Fish, Wildlife, and Parks; New species to which the Migratory Bird
referred to in treaties that the MBTA Hampshire Fish and Game Department; Treaty Act does not apply.
implements, as their presence in the New Jersey Division of Fish and Service Response: In requiring (a) that
United States and its territories is solely Wildlife; New York State Division of the Secretary ‘‘provide adequate time for
the result of intentional or unintentional Fish, Wildlife, and Marine Resources; public comment’’ on a draft list and (b)
human-assisted introductions. North Carolina Wildlife Resources that a final list be published ‘‘not later

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