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Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Proposed Rules

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Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Proposed Rules 15640 Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Proposed Rules (b) On Aberdeen Proving Ground, Boulevard, Aberdeen Proving Ground, actions including suspension of access except for activities authorized under 5 Maryland 21005±5001. The request privileges, or permanent exclusion from United States Code Chapter 71, Labor must be received at least 30 calendar Aberdeen Proving Ground. Management Relations, it is unlawful days prior to the demonstration, and it [FR Doc. 97±8335 Filed 4±1±97; 8:45 am] for any person to engage in any public must include the following: BILLING CODE 3710±08±M displays of opinions made by protesting, (1) Name, address, and telephone picketing or any other similar number of the sponsoring person or demonstration without the approval of organization (If it is an organization, DEPARTMENT OF THE INTERIOR the Commander, U.S. Army Garrison, include the name of the point of Aberdeen Proving Ground. Therefore, contact.) Fish and Wildlife Service unless prior approval has been obtained (2) Purpose of the event. as outlined below in 32 CFR 552.214, it (3) Number of personnel expected to 50 CFR Part 17 will be unlawful for any person on attend. RIN 1018±AE20 Aberdeen Proving Ground to: (4) Proposed date, time, location and (1) Engage in protests, public duration of the event. Endangered and Threatened Wildlife speeches, marches, sit-ins, or (5) Proposed means of transportation and Plants; Proposed Endangered demonstrations promoting a point of to and from APG. Status for Blackburn's Sphinx Moth view. (6) Proposed means of providing From the Hawaiian Islands (2) Interrupt or disturb the testing and security, sanitary services and related evaluating of weapon systems, or any ancillary services to the participants. AGENCY: Fish and Wildlife Service, training, formation, ceremony, class, (b) Based on the Commander's Interior. court-martial, hearing, or other military concerns for discipline, mission ACTION: Proposed rule. business. accomplishment, protection of property, (3) Obstruct movement on any street, and the safeguarding of the health, SUMMARY: The U.S. Fish and Wildlife road, sidewalk, pathway, or other morale, and welfare of the APG Service (Service) proposes endangered vehicle or pedestrian thoroughfare. community, the Commander will status pursuant to the Endangered (4) Utter to any person abusive, determine whether to grant the request Species Act of 1973, as amended (Act), insulting, profane, indecent, or and, if granted, any limitations as to for Blackburn's sphinx moth (Manduca otherwise provocative language that by where and when it will take place. blackburni). This species was found on its very utterance tends to excite a the Hawaiian islands of Kauai, Oahu, breach of the peace. § 552.215 Responsibilities. Molokai, Maui, and Hawaii, but is (5) Distribute or post publications, (a) Director, Law Enforcement and currently known only from one including pamphlets, newspapers, Security, U.S. Army, Garrison Aberdeen population on Maui. This moth has magazines, handbills, flyers, leaflets, Proving Ground, will furnish police been affected or is currently threatened and other printed materials, except support as needed. by one or more of the following; habitat through regularly established and (b) Chief Counsel and Staff Judge degradation, introduced animals, and approved distribution outlets and Advocate, U.S. Army Test and biological pest control. Due to its places. Evaluation Command, will provide a currently restricted distribution and (6) Circulate petitions or engage in legal review of the request. small population size, this species is picketing or similar demonstrations for also threatened by naturally occurring § 552.216 Violations. any purpose. events. This proposal, if made final, (7) Engage in partisan political (a) A person is in violation of the would implement the protection campaigning or electioneering. terms of this subpart if: provisions provided by the Act for this (8) Disobey a request from Department (1) That person enters or remains moth. of Defense police, other government law upon Aberdeen Proving Ground when DATES: Comments from all interested enforcement officials (e.g., Federal, that person is not licensed, invited, or parties must be received by June 2, State, or local law enforcement otherwise authorized by the 1997. Public hearing requests must be officials), military police, or other Commander, U.S. Army Garrison, received by May 19, 1997. Aberdeen Proving Ground pursuant to competent authority to disperse, move ADDRESSES: Comments and materials along or leave the installation. the terms of § 552.214; or (2) That person enters upon or concerning this proposal should be sent (c) In appropriate cases, the to Robert P. Smith, Pacific Islands Commander, U.S. Army Garrison, remains upon Aberdeen Proving Ground for the purpose of engaging in any Ecoregion Manager, U.S. Fish and Aberdeen Proving Ground may give Wildlife Service, 300 Ala Moana express written permission for protests, activity prohibited or limited by this subpart. Boulevard, Room 6307, P.O. Box 50167, picketing, or any other similar Honolulu, Hawaii 96850. Comments demonstrations on Aberdeen Proving (b) All persons (military personnel, Department of the Army civilian and materials received will be available Ground property outside the gates for public inspection, by appointment, adjacent to the installation, borders, employees, civilian, and others) may be prosecuted for violating the provisions during normal business hours at the only if the procedures outlined below in above address. 32 CFR 552.214 are followed. of this subpart. Military personnel may be prosecuted under the uniform code FOR FURTHER INFORMATION CONTACT: § 552.214 Procedures. of military justice. Department of the Robert P. Smith, at the above address (a) Any person or persons desiring to Army civilian employees may be (808/541±2749). protest, picket, or engage in any other prosecuted under U.S.C. 1832, and/or SUPPLEMENTARY INFORMATION: similar demonstrations on Aberdeen disciplined under appropriate Proving Ground must submit a written regulations. Civilians and others may be Background request to the Commander, U.S. Army prosecuted under U.S.C. 1382. The Hawaiian archipelago includes Garrison, Aberdeen Proving Ground, (c) Administrative sanctions may eight large volcanic islands (Niihau, ATTN: STEAP±CO, 2201 Aberdeen include, but are not limited to, bar Kauai, Oahu, Molokai, Lanai, Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Proposed Rules 15641 Kahoolawe, Maui, and Hawaii), as well the dorsal (upper) surface of the eighth species. The larvae of Blackburn's as offshore islets, shoals, and atolls set body segment. Caterpillars occur in two sphinx moth differ from those of the on submerged volcanic remnants at the color forms, bright green, or a grayish tomato hornworm and tobacco northwest end of the chain (the morph. Both color morphs have hornworm (Manduca sexnotata) by Northwestern Hawaiian Islands). Each scattered white speckles throughout the having two dark longitudinal stripes on island was built sequentially from dorsum (back or top), with the lateral the head capsule. Adults of Blackburn's frequent, voluminous basaltic lava flows (side) margin of each body segment sphinx moth can be distinguished from (Stearns 1985). The youngest island, bearing a horizontal white stripe, and the tomato hornworm and tobacco Hawaii, is still volcanically active, and segments 4±10 bearing diagonal stripes hornworm by the presence of crescent- retains its form of coalesced on the lateral margins (Riotte 1986). shaped white markings along the inner (consolidated), gently sloping, Blackburn's sphinx moth was border of the black bands on the unweathered shield volcanoes. described by Butler in 1880 as forewing. Vulcanism on the older islands has long Protoparce blackburni, and named in Larvae of Blackburn's sphinx moth since ceased, with subsequent erosion honor of the Reverend Thomas feed on plants in the nightshade family forming heavily weathered valleys with Blackburn who collected the first (Solanaceae). The natural host plants are steep walls, and well-developed streams specimens. It was later synonymized native shrubs in the genus Solanum and soils (Department of Geography with the tomato hornworm (Sphinx (popolo), and endemic trees in the 1983). celeus Hubner = Sphinx genus Nothocestrum ('aiea) (Riotte This range of topographies creates a quinquemaculatus Hawthorn) by 1986). Larvae voraciously consume great diversity of climates. Windward Meyrick (1899), and then treated as a leaves, stems, flowers and buds of these (northeastern) slopes can receive up to subspecies (blackburni) by Rothschild plants (Betsy Gagne, Hawaii Department 1,000 centimeters (cm) (400 inches (in.)) and Jordan (1903). Zimmerman (1958) of Land and Natural Resources, pers. of rain per year, while some leeward placed both subspecies in the genus comm., 1994). Several other host plants coasts that lie in the rain shadow of the Phlegethontius. Riotte (1986) recorded for this species are not native high volcanoes are classified as deserts, demonstrated that Blackburn's sphinx to the Hawaiian Islands, and include receiving as little as 25 cm (10 in.) of moth is a distinct taxon in the genus Nicotiana tabacum (commercial rain annually. The range of moisture Manduca, endemic to the Hawaiian tobacco), Nicotiana glauca (tree regimes, combined with an elevational Islands, and reinstated it as a full tobacco), Solanum melongena range from coastal
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