[Federal Register: February 21, 2007 (Volume 72, Number 34)]
[Proposed Rules]               
[Page 7852-7853]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AT37

Endangered and Threatened Wildlife and Plants; Proposed Rule to 
Remove the Virginia Northern Flying Squirrel (Glaucomys sabrinus 
fuscus) From the Federal List of Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION:  Proposed rule; extension of comment period.


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are 
extending the public comment period on the proposed rule to remove the 
Virginia northern flying squirrel (Glaucomys sabrinus fuscus), more 
commonly known as the West Virginia northern flying squirrel, from the 
Federal List of Endangered and Threatened Wildlife, due to recovery. 
Comments previously submitted need not be resubmitted as they have been 
incorporated into the public record and will be fully considered in the 
final determination.

DATES: The public comment period for the proposed rule published at 71 
FR 75924, December 19, 2006, is extended from February 20, 2007, to 
April 23, 2007. Any comments received after the closing date may not be 
considered in the final decision on the proposal.

ADDRESSES: You may submit comments on the proposed delisting by any one 
of several methods:
    1. You may submit written comments and information to the Assistant 
Chief, Division of Endangered and Threatened Species, U.S. Fish and 
Wildlife Service, Northeast Regional Office, 300 Westgate Center Drive, 
Hadley, MA 01035.
    2. You may hand-deliver written comments to our Northeast Regional 
Office, at the above address.
    3. You may fax your comments to 413-253-8482.
    4. You may use the Federal eRulemaking Portal: http://www.regulations.gov.
 Follow the instructions for submitting comments.

    Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at our 
Northeast Regional Office.

FOR FURTHER INFORMATION CONTACT: Diane Lynch at our Northeast Regional 
Office (telephone: 413-253-8628) or the Field Office Supervisor, West 
Virginia Field Office, 694 Beverly Pike, Elkins, WV 26241 (telephone: 



    On December 19, 2006, the Service published a proposed rule (71 FR 
75924), under the authority of the Act, to remove the WVNFS from the 
Federal List of Endangered and Threatened Wildlife, due to recovery. 
The proposed rule opened a 60-day comment period, which was to end on 
February 20, 2007, on that action. We have received requests to extend 
the comment period in order to allow additional time for the public to 
review the data and provide comments. To ensure that the public has 
sufficient opportunity to review the available scientific and 
commercial data, we are extending the comment period for an additional 
60 days. Comments on the proposed delisting rule will be accepted 
through April 23, 2007.

    Authority: The authority for this action is the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

Public Comments Solicited

    We intend for any final action resulting from the proposal to be as 
accurate as possible. Therefore, we solicit data, comments, or 
suggestions from the public, other concerned government agencies, the 
scientific community, industry, Tribes, or any other interested party 
concerning the proposed rule. We particularly seek comments concerning: 
(1) Biological, commercial, trade, or other relevant data concerning 
any threat (or lack thereof) to the WVNFS; (2) additional information 
on the range, distribution, and population size of the WVNFS and its 
habitat; (3) the location of any additional populations of the WVNFS; 
and (4) data on population trends. Please note that comments merely 
stating support or opposition to the actions under consideration 
without providing supporting information, although noted, will not be 
considered in making a determination, as section 4(b)(1)(A) of the 
Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et 
seq.), directs that determinations as to whether any species is a 
threatened or endangered species shall be made ``solely on the basis of 
the best scientific and commercial data available.''
    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 name and/or home address, etc., but if you wish us to consider 
withholding this information, you must state this prominently at the

[[Page 7853]]

beginning of your comments. In addition, you must present rationale for 
withholding this information. This rationale must demonstrate that 
disclosure would constitute a clearly unwarranted invasion of privacy. 
Unsupported assertions will not meet this burden. In the absence of 
exceptional, documentable circumstances, this information will be 
released. We will always make 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. Comments and other information 
received, as well as supporting documentation used to write this rule, 
will be available for public inspection, by appointment, during normal 
business hours at our Northeast Regional Office (see ADDRESSES). In 
making a final decision on the proposal, we will take into 
consideration the comments and any additional information we receive. 
Such communications may lead to a final rule that differs from the 

    Dated: February 15, 2007.
Kenneth Stansell,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 07-787 Filed 2-16-07; 11:48 am]