Federal Register / Vol. 66, No. 45 / Wednesday, March 7, 2001 / Proposed Rules 13691
Order. Thus, we declined to relieve proposes the substitution of Channel PART 73—RADIO BROADCAST carriers of our depreciation 221C3 for Channel 221A at Caro, SERVICES requirements in circumstances where Michigan, and the reallotment of they elected above-the-line treatment. Channel 221C3 from Caro to Cass City, 1. The authority citation for part 73 In its petition for reconsideration, Michigan. Channel 221C3 can be continues to read as follows: Qwest requests (1) that we reconsider allotted at Cass City in compliance with Authority: 47 U.S.C. 154, 303, 334 and 336. our denial of USTA’s petition for the Commission’s minimum distance § 73.202 [Amended] forbearance of our depreciation separation requirements, with respect to requirements; (2) that if USTA’s petition domestic allotments, at a site 4.9 2. Section 73.202(b), the Table of FM is not granted, we reconsider our kilometers (3.0 miles) northeast of the Allotments under Michigan is amended methodology for establishing service life community at coordinates 48–38–20 NL to remove Caro, Channel 221A and add ranges for telecommunications plant and 83–08–38 WL. The second, filed by Cass City, Channel 221C3. equipment; and (3) that for purposes of D&H Media, permittee of Station 3. Section 73.202(b), the Table of FM seeking a waiver of the depreciation KWKJ(FM), Warsaw, Missouri, proposes Allotments under Missouri is amended requirements, we permit an above-the- the reallotment of Channel 253A from to remove Channel 253A at Warsaw and line accounting treatment of the Warsaw to Windsor, Missouri. Channel add Windsor, Channel 253A. differential between regulatory and 253A can be allotted at Windsor in Federal Communications Commission. financial book reserve levels. compliance with the Commission’s John A. Karousos, After review of the arguments minimum distance separation Chief, Allocations Branch, Policy and Rules presented on reconsideration, we requirements, with respect to domestic Division, Mass Media Bureau. conclude that Qwest has not provided allotments, without the imposition of a [FR Doc. 01–4323 Filed 3–6–01; 8:45 am] any new information or arguments that site restriction at coordinates 38–31–56 BILLING CODE 6712–01–P require us to alter our prior rulings. The NL and 93–31–19 WL. precise issues and arguments that Qwest DATES: raises on reconsideration were Comments must be filed on or thoroughly considered and examined in before April 5, 2001 and reply DEPARTMENT OF THE INTERIOR comments must be filed on or before the previous proceeding. Our analysis Fish and Wildlife Service and reasons for our rulings are fully April 20, 2001. ADDRESSES: Federal Communications stated in the Depreciation Order, and 50 CFR Part 17 the November 2000 Order further Commission, 445 Twelfth Street, S.W., underscores the appropriateness of the Washington, DC 20554. In addition to RIN 1018–AG71 decision to deny reconsideration. filing comments with the FCC, Accordingly, pursuant to sections 4, interested parties should serve Endangered and Threatened Wildlife 201–205, 218–220, 303(r), and 405 of petitioner(s) as follows: for MM Docket and Plants; Reopening of Comment the Communications Act of 1934, as No. 01–33, Edwards Communications, Period and Notice of Availability of the amended, 47 U.S.C. 154, 201–205, 218– L.C., C/O John S. Neely, Miller and Draft Economic Analysis for Proposed 220, 303(r), and 405 of the Miller, P.C., P.O. Box 33003 Critical Habitat for 76 Plants From the Communications Act of 1934, as Washington, DC 20033; for MM Docket Islands of Kauai and Niihau, HI No. 01–34, D&H Media, C/O Howard J. amended, and §§ 1.106 and 1.429 of the AGENCY: Fish and Wildlife Service, Commission’s rules, 47 CFR 1.106, Barr, Pepper and Corazzini, LLP, 1776 K Interior. 1.429, that the petition for Street, NW., Suite 200, Washington, DC ACTION: Proposed rule; reopening of reconsideration filed May 10, 2000, by 20006–2334. comment period and notice of US West, Inc. (now Qwest) is denied. FOR FURTHER INFORMATION CONTACT: availability of draft economic analysis. Federal Communications Commission. Victoria M. McCauley, Mass Media Magalie Roman Salas, Bureau, (202) 418–2180. SUMMARY: We, the U.S. Fish and Secretary. SUPPLEMENTARY INFORMATION: This is a Wildlife Service (Service), announce the [FR Doc. 01–5489 Filed 3–6–01; 8:45 am] synopsis of the Commission’s Notice of availability of the draft economic BILLING CODE 6701–12–U Proposed Rule Making, MM Docket Nos. analysis for the proposed designations 01–33 and 01–34, adopted January 31, of critical habitat for 76 plants from the 2001, and released February 9, 2001. islands of Kauai and Niihau, Hawaii. FEDERAL COMMUNICATIONS The full text of this Commission We are also providing notice of the COMMISSION decision is available for inspection and reopening of the comment period for the copying during normal business hours proposal to designate critical habitat for 47 CFR Part 73 in the FCC Reference Center (Room these 76 plants to allow all interested [DA 01–286; MM Docket Nos. 01–33, 01– 239), 445 12th Street, SW., Washington, parties to comment simultaneously on 34; RM–10060, RM–10061] DC. The complete text of this decision the proposed rule and the associated may also be purchased from the draft economic analysis. Comments Radio Broadcasting Services; Warsaw, Commission’s copy contractor, previously submitted need not be Windsor, MO, and Caro, Cass City, MI International Transcription Services, resubmitted as they will be incorporated into the public record as part of this AGENCY: Federal Communications Inc., (202) 857–3800, 1231 20th Street, NW., Washington, DC 20036. reopened comment period and will be Commission. fully considered in the final rule. ACTION: Proposed rule. List of Subjects in 47 CFR Part 73 DATES: We will accept public comments SUMMARY: The Commission requests Radio broadcasting. until April 6, 2001. comment on two petitions for For the reasons discussed in the ADDRESSES: Written comments and rulemaking. One filed by Edwards preamble, the Federal Communications information should be submitted to Communications, L.C., licensee of Commission proposes to amend 47 CFR Field Supervisor, U.S. Fish and Wildlife Station WIDL(FM), Caro, Michigan, part 73 as follows: Service, Pacific Islands Office, 300 Ala
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Moana Blvd., P.O. Box 50088, Honolulu, beneficial to the species, or because we form of encryption. Please also include HI 96850–0001. For electronic mail believe that designation of critical ‘‘Attn: RIN 1018–’’ and your name address and further instructions on habitat would likely increase the threat and return address in your e-mail commenting, refer to Public Comments to the species from vandalism or message. If you do not receive a Solicited section of this notice. collection. The remaining 14 species confirmation from the system that we FOR FURTHER INFORMATION CONTACT: Paul historically found on Kauai and/or have received your e-mail message, Henson, Field Supervisor, Pacific Niihau, no longer occur on these contact us directly by calling our Islands Office, at the above address islands. However, these species do Honolulu Fish and Wildlife Office at (telephone: 808/541–3441; facsimile: occur on other islands, so proposed telephone number 808/541–3441. 808/541–3470). prudency determinations will be made (3) You may hand-deliver comments in future rules addressing plants on to our Honolulu Fish and Wildlife SUPPLEMENTARY INFORMATION: those islands. The original comment Office at the address given above. Background period closed on January 8, 2001. Based Comments and materials received, as We, the U.S. Fish and Wildlife on a request to hold a public hearing, well as supporting documentation used Service (Service) have reconsidered our we reopened the comment period until in preparation of the proposal to findings concerning whether February 19, 2001. The public hearing designate critical habitat, will be designating critical habitat for 81 was held on February 6, 2001 in Lihue, available for inspection, by federally protected plant species Kauai. appointment, during normal business We have proposed to designate a total currently found on the islands of Kauai hours at the address under (1) above. of 23 critical habitat units, 21 units on and Niihau is prudent. A total of 95 Copies of the draft economic analysis Kauai and 2 units on Niihau, covering species historically found on these two are available on the Internet at 24,348.68 hectares (ha) (60,165.57 acres islands were listed as endangered or www.r1.fws.gov/pacific/wesa/ (ac)) on Kauai and 190.55 ha (470.85 ac) threatened species under the endspindex.html or by request from the on Niihau. Endangered Species Act of 1973, as Field Supervisor at the address and Critical habitat receives protection phone number under (1 and 2) above. amended (Act), between 1991 and 1996. from destruction or adverse Some of these species may also occur on modification through required Author(s) other Hawaiian islands. At the time consultation under section 7 of the Act The primary author of this notice is each plant was listed, we determined (16 U.S.C. 1531 et seq.) with regard to Christa Russell (see ADDRESSES section). that designation of critical habitat was actions carried out, funded, or Authority not prudent because designation would authorized by a Federal agency. Section increase the degree of threat to the 4(b)(2) of the Act requires that the species and/or would not benefit the The authority for this action is the Secretary shall designate or revise Endangered Species Act of 1973 (16 U.S.C. species. critical habitat based upon the best 1531 et seq.). These not prudent determinations scientific and commercial data were challenged in Conservation available, and after taking into Dated: February 26, 2001. Council for Hawaii v. Babbitt, 2 F. Supp. consideration the economic impact of Rowan W. Gould, 2d 1280 (D. Haw. 1988). On March 9, specifying any particular area as critical Regional Director, Region 1, Fish and Wildlife 1998, the United States District Court habitat. Based upon the previously Service. for the District of Hawaii, directed us to published proposal to designate critical [FR Doc. 01–5506 Filed 3–6–01; 8:45 am] review the prudency determinations for habitat for 76 plants from Kauai and BILLING CODE 4310–55–P 245 listed plant species in Hawaii, Niihau, and comments received during including these 95 species. On August the previous comment periods, we have 10, 1998, the court ordered us to publish prepared a draft economic analysis of DEPARTMENT OF COMMERCE proposed critical habitat designations or the proposed critical habitat non-designations for at least 100 species designations. The draft economic National Oceanic and Atmospheric by November 30, 2000, and to publish analysis is available at the Internet and Administration proposed designations or non- mailing addresses in the Public designations for the remaining 145 Comments Solicited section below. 50 CFR Parts 622 and 635 species by April 30, 2002 (24 F. Supp. 2d 1074). Due to this litigation, we Public Comments Solicited [I.D. 020801A] reconsidered our previous prudency We will accept written comments and RIN 0648-AN83 determinations for the 95 plants known information during this re-opened historically from Kauai and Niihau. comment period. If you wish to Fisheries of the Caribbean, Gulf of From this review, we proposed that comment, you may submit your Mexico, and South Atlantic; critical habitat is prudent for 76 of these comments and materials concerning this Amendment to the Fishery species because the potential benefits of proposal by any of several methods: Management Plans of the Gulf of designating critical habitat essential for (1) You may submit written comments Mexico the conservation of these species and information to the Field Supervisor, AGENCY: National Marine Fisheries outweigh the risks of designation. On U.S. Fish and Wildlife Service, Pacific Service (NMFS), National Oceanic and November 7, 2000, we published in the Islands Office, 300 Ala Moana Blvd., Atmospheric Administration (NOAA), Federal Register (65 FR 66807) a P.O. Box 50088, Honolulu, HI 96850– Commerce. proposed rule to designate critical 0001. ACTION: Notice of availability of a habitat for 76 plants from the islands of (2) You may send comments by generic amendment to the Gulf of Kauai and Niihau. In addition, we electronic mail (e-mail) to: fw1pie_ Mexico Fishery Management Council’s proposed that the designation of critical kauai_niihau_crithab @r1.fws.gov. If fishery management plans for the Gulf habitat is not prudent for five species you submit comments by e-mail, please of Mexico regarding the Tortugas which are either no longer extant in the submit them as an ASCII file and avoid Marine Reserves; request for comments. wild and such designation would not be the use of special characters and any
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