5–14–03 Wednesday Vol. 68 No. 93 May 14, 2003
Pages 25809–26200
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1 II Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003
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2 III
Contents Federal Register Vol. 68, No. 93
Wednesday, May 14, 2003
Agency for Toxic Substances and Disease Registry See International Trade Administration NOTICES Grants and cooperative agreements; availability, etc.: Committee for the Implementation of Textile Agreements Exposure-Dose Reconstruction Research Program, 25890– NOTICES 25894 Cotton, wool, and man-made textiles: Taiwan, 25864–25865 Agriculture Department See Forest Service Consumer Product Safety Commission NOTICES Alcohol and Tobacco Tax and Trade Bureau Agency information collection activities; proposals, PROPOSED RULES submissions, and approvals, 25865–25866 Alcohol; viticultural area designations: San Bernabe and San Lucas, Monterey County, CA, Defense Department 25851–25855 See Army Department NOTICES Antitrust Division Environmental statements; availability, etc.: NOTICES Pentagon Memorial, 25866 National cooperative research notifications: Federal Acquisition Regulation (FAR): DVD Copy Control Association, 25905–25906 Agency information collection activities; proposals, National Center for Manufacturing Sciences, Inc., 25906 submissions, and approvals, 25866–25867 VSI Alliance, 25906 Economic Development Administration Army Department NOTICES RULES Grants and cooperative agreements; availability, etc.: Privacy Act; implementation, 25816–25817 National technical assistance, training, research, and Centers for Disease Control and Prevention evaluation, 26167–26169 NOTICES Education Department Meetings: Children and Terrorism National Advisory Committee, RULES 25894 Postsecondary education: Federal Perkins Loan, Federal Direct Loan, and Federal Civil Rights Commission Family Education Loan Programs; waivers and NOTICES modifications, 25821–25822 Meetings; State advisory committees: NOTICES Idaho, 25860 Agency information collection activities; proposals, New Jersey, 25860 submissions, and approvals, 25867–25868 Grants and cooperative agreements; availability, etc.: Coast Guard Special education and rehabilitative services— RULES Disability and Rehabilitation Research Projects Drawbridge operations: Program, 26171–26192 Massachusetts, 25818 Ports and waterways safety: Energy Department Prince William Sound, AK; vessel movement reporting See Federal Energy Regulatory Commission system, 25818–25821 Regattas and marine parades: Environmental Protection Agency Harvard-Yale Regatta, 25817–25818 RULES U.S. Naval Academy Blue Angels Airshow, 25818 Air pollution control; new motor vehicles and engines: PROPOSED RULES Nonroad diesel engines; nonroad engine definition Navigation aids: Withdrawn, 25823–25824 Technical information affecting buoys, sound signals, Pesticides; tolerances in food, animal feeds, and raw international rules at sea, communications agricultural commodities: procedures, and large navigational buoys; revision, Indoxacarb, 25824–25831 25855–25859 Pyriproxyfen, 25831–25837 NOTICES NOTICES Agency information collection activities; proposals, Air programs; State authority delegations: submissions, and approvals, 25898 Washington, 25875–25881 Reports and guidance documents; availability, etc.: Confidential business information and data transfer, 25881– Great Lakes Pilotage Bridge-Hour Standards for American 25882 Pilots on Great Lakes; review, 25899 Meetings: Science Advisory Board, 25882–25883 Commerce Department Pesticide, food, and feed additive petitions: See Economic Development Administration Dow AgroSciences, 25883–25888
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Executive Office of the President Fish and Wildlife Service See Presidential Documents RULES See Science and Technology Policy Office Endangered and threatened species: See Trade Representative, Office of United States Critical habitat designations— Plant species from Maui and Kahoolawe, HI, 25933– 26165 Federal Aviation Administration NOTICES RULES Endangered and threatened species permit applications, Airworthiness directives: 25900 Raytheon, 25811–25814 Marine mammal permit applications, 25900–25901
Federal Bureau of Investigation Food and Drug Administration NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 25907 submissions, and approvals, 25894–25897 Reports and guidance documents; availability, etc.: Photosafety testing; photoirritation and ultraviolet- Federal Communications Commission associated skin carcinogenesis; correction, 25897 RULES West Nile Virus infection, known or suspected; donor Common carrier services: suitability and blood and blood product safety; International call-back service, uncompleted call recommendations for assessment, 25897–25898 signaling configuration; other nations’ prohibitions enforcement; policy statement, 25840–25841 Forest Service Numbering resource optimization; correction, 25843 NOTICES Repetitious or conflicting applications, 25841–25843 Meetings: Deschutes Provincial Advisory Committee, 25860 Federal Election Commission Resource Advisory Committees— NOTICES Shasta County, 25860 Meetings; Sunshine Act, 25888–25889 General Services Administration NOTICES Federal Emergency Management Agency Federal Acquisition Regulation (FAR): NOTICES Agency information collection activities; proposals, Meetings: submissions, and approvals, 25866–25867 Emergency Medical Services Federal Interagency Committee, 25899–25900 Health and Human Services Department See Agency for Toxic Substances and Disease Registry Federal Energy Regulatory Commission See Centers for Disease Control and Prevention RULES See Food and Drug Administration Organization, functions, and authority delegations: RULES Market Oversight and Investigations Office, 25814–25816 Testimony by employees and production of documents in NOTICES proceedings where U.S. is not party, 25838–25840 Electric rate and corporate regulation filings: Empire District Electric Co. et al., 25868–25869 Homeland Security Department Environmental statements; availability, etc.: See Coast Guard FPL Energy Maine Hydro, LLC, 25870 See Federal Emergency Management Agency Williston Basin Interstate Pipeline Co., 25870–25871 Hydroelectric applications, 25871–25874 Interior Department Meetings: See Fish and Wildlife Service Open access transmission service and standard electricity See Land Management Bureau market design; remedying undue discrimination; See Minerals Management Service technical conference, 25874 Preliminary permits surrender: Internal Revenue Service Green River 3 Associates, 25874 PROPOSED RULES Green River 5 Associates, 25875 Income taxes: Quantum Energy Solutions, 25875 Private activity bonds; definition, 25845–25850 Applications, hearings, determinations, etc.: Alliance Pipeline L.P., 25868 International Trade Administration NOTICES Federal Maritime Commission Antidumping: NOTICES Brake rotors from— Agreements filed, etc., 25889 China, 25861–25863 Ocean transportation intermediary licenses: Air 7 Seas Transport Logistics, Inc., et al., 25889 Justice Department Global Ocean Agency Lines, L.L.C., et al., 25889–25890 See Antitrust Division International Shipping Co. et al., 25890 See Federal Bureau of Investigation
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Land Management Bureau Applications, hearings, determinations, etc.: NOTICES Public utility holding company filings, 25913–25916 Closure of public lands: Montana, 25901 State Department Disclaimer of interest applications: NOTICES Iowa, 25901 Meetings: Meetings: Overseas Schools Advisory Council, 25927 Wild horse management; helicopters and motor vehicles use— Surface Transportation Board Montana and Wyoming, 25901–25902 NOTICES Railroad operation, acquisition, construction, etc.: Legal Services Corporation Huron & Eastern Railway Co., Inc., 25929–25930 NOTICES Textile Agreements Implementation Committee Meetings; Sunshine Act, 25907 See Committee for the Implementation of Textile Minerals Management Service Agreements NOTICES Toxic Substances and Disease Registry Agency Agency information collection activities; proposals, See Agency for Toxic Substances and Disease Registry submissions, and approvals, 25902–25905 Trade Representative, Office of United States National Aeronautics and Space Administration NOTICES NOTICES World Trade Organization: Federal Acquisition Regulation (FAR): Dispute settlement panel establishment requests— Agency information collection activities; proposals, Brazil; processed orange and grapefruit products; submissions, and approvals, 25866–25867 Florida-imposed excise tax equalizing, 25928– 25929 Nuclear Regulatory Commission Canada; softwood lumber; U.S. International Trade NOTICES Commission final determination of threat of Environmental statements; availability, etc.: material injury, 25927–25928 Carolina Power & Light Co., 25907–25908 Meetings: Transportation Department Reactor Safeguards Advisory Committee, 25908 See Federal Aviation Administration West Valley Citizen Task Force, 25908–25909 See Surface Transportation Board Reports and guidance documents; availability, etc.: PROPOSED RULES Generic letters— Computer reservation systems, carrier-owned; public Steam generator tube inspections; requirements, 25909– hearing, 25844–25845 25912 Practice and procedure: Rate procedures— Office of United States Trade Representative Railroad divisions of revenue; removal of regulations; See Trade Representative, Office of United States correction, 25859
Presidential Documents Treasury Department PROCLAMATIONS See Alcohol and Tobacco Tax and Trade Bureau Special observances: See Internal Revenue Service National Defense Transportation Day and National See United States Mint Transportation Week (Proc. 7676), 26197–26198 NOTICES National Safe Boating Week (Proc. 7677), 26199–26200 Agency information collection activities; proposals, submissions, and approvals, 25930–25931 Peace Officers Memorial Day and Police Week (Proc. 7675), 26193–26196 United States Mint ADMINISTRATIVE ORDERS NOTICES Serbia and Montenegro; determination on eligibility to Meetings: receive defense articles and services (Presidential Citizens Coinage Advisory Committee, 25931 Determination No. 2003-22 of May 6, 2003), 25809 Veterans Affairs Department Science and Technology Policy Office RULES NOTICES Disabilities rating schedule: High End Computing Task Force; information request, Tinnitus, 25822–25823 25888
Securities and Exchange Commission Separate Parts In This Issue NOTICES Agency information collection activities; proposals, Part II submissions, and approvals, 25912–25913 Interior Department, Fish and Wildlife Service, 25933– Self-regulatory organizations; proposed rule changes: 26165 Chicago Stock Exchange, Inc., 25916–25917 Municipal Securities Rulemaking Board, 25917–25923 Part III New York Stock Exchange, Inc., 25923–25924 Commerce Department, Economic Development Philadelphia Stock Exchange, Inc., 25924–25927 Administration, 26167–26169
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Part IV Reader Aids Education Department, 26171–26192 Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Part V Executive Office of the President, Presidential Documents, To subscribe to the Federal Register Table of Contents 26193–26200 LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Proclamations: 7675...... 26195 7676...... 26197 7677...... 26199 Administrative Orders: Presidential Determinations: No. 2003-22 of May 6, 2003 ...... 25809 14 CFR 39...... 25811 Proposed Rules: 255...... 25844 399...... 25844 18 CFR 375...... 25814 376...... 25814 26 CFR Proposed Rules: 1...... 25845 27 CFR Proposed Rules: 9...... 25851 32 CFR 505...... 25816 33 CFR 100 (2 documents) ...... 25817, 25818 117...... 25818 165...... 25818 Proposed Rules: 62...... 25855 66...... 25855 67...... 25855 72...... 25855 34 CFR 674...... 25821 682...... 25821 685...... 25821 38 CFR 4...... 25822 40 CFR 89...... 25823 180 (2 documents) ...... 25824, 25831 45 CFR 2...... 25838 47 CFR Ch. 1 ...... 25840 1...... 25841 52...... 25843 49 CFR Proposed Rules: 1137...... 25859 50 CFR 17...... 25934
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Federal Register Presidential Documents Vol. 68, No. 93
Wednesday, May 14, 2003
Title 3— Presidential Determination No. 2003–22 of May 6, 2003
The President Presidential Determination on Eligibility of Serbia and Mon- tenegro to Receive Defense Articles and Services Under the Foreign Assistance Act of 1961, as Amended, and the Arms Export Control Act
Memorandum for the Secretary of State
Pursuant to the authority vested in me by the Constitution and laws of the United States, including by section 503(a) of the Foreign Assistance Act of 1961, as amended, and section 3(a)(1) of the Arms Export Control Act, I hereby find that the furnishing of defense articles and services to Serbia and Montenegro will strengthen the security of the United States and promote world peace. You are hereby authorized and directed to report this finding to the Congress and to publish it in the Federal Register. W THE WHITE HOUSE, Washington, May 6, 2003.
[FR Doc. 03–12160 Filed 5–13–03; 8:45 am] Billing code 4710–10–P
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Rules and Regulations Federal Register Vol. 68, No. 93
Wednesday, May 14, 2003
This section of the FEDERAL REGISTER The Director of the Federal Register accomplished repetitively at 100-hour contains regulatory documents having general previously approved the incorporation time-in-service (TIS) intervals. applicability and legal effect, most of which by reference of certain publications In addition, we inadvertently did not are keyed to and codified in the Code of listed in the regulations as of November include the 100-hour TIS interval Federal Regulations, which is published under 28, 1994 (59 FR 49785, September 30, repetitive inspections of the fuselage 50 titles pursuant to 44 U.S.C. 1510. 1994). bulkheads that were required by AD 94– The Code of Federal Regulations is sold by 20–04. ADDRESSES: You may get the service Has FAA taken any action to this the Superintendent of Documents. Prices of information referenced in this AD from new books are listed in the first FEDERAL point? We issued a proposal to amend REGISTER issue of each week. Raytheon Aircraft Company, PO Box 85, part 39 of the Federal Aviation Wichita, Kansas 67201–0085; telephone: Regulations (14 CFR part 39) to include (800) 625–7043 or (316) 676–4556. You an AD and incorporate the above- DEPARTMENT OF TRANSPORTATION may view this information at the referenced comments. This proposal Federal Aviation Administration (FAA), was published in the Federal Register Federal Aviation Administration Central Region, Office of the Regional as a notice of proposed rulemaking Counsel, Attention: Rules Docket No. (NPRM) on January 27, 2003 (68 FR 14 CFR Part 39 93–CE–37–AD, 901 Locust, Room 506, 3829). The NPRM proposed to: Kansas City, Missouri 64106; or at the —maintain the actions of AD 94–20– [Docket No. 93–CE–37–AD; Amendment 39– Office of the Federal Register, 800 North 04 R1, but would make the repetitive 13147; AD 94–20–04 R2] Capitol Street, NW., suite 700, visual inspection of the empennage, aft Washington, DC. fuselage, and ruddervator control RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT: Mr. system with any subsequent repair and T.N. Baktha, Aerospace Engineer, FAA, the setting of the elevator controls, Airworthiness Directives; Raytheon Wichita Aircraft Certification Office, rudder and tab system controls, cable Aircraft Company Beech Models C35, 1801 Airport Road, Mid-Continent tensions, and rigging a one time action; D35, E35, F35, G35, H35, J35, K35, M35, Airport, Wichita, Kansas 67209; and N35, P35, S35, V35, V35A, and V35B telephone: (316) 946–4155; facsimile: —add repetitive inspections of the Airplanes (316) 946–4107. fuselage bulkheads that were required AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: by AD 94–20–04. Administration, DOT. What is the potential impact if FAA Discussion took no action? This condition, if not ACTION: Final rule. Has FAA taken any related action on corrected, could result in structural SUMMARY: This amendment revises the Raytheon airplane ruddervator failure of the V-tail. Such failure could Airworthiness Directive (AD) 94–20–04 system to this point? On October 15, result in loss of control of the airplane. R1, which currently requires 2002, FAA issued AD 94–20–04 R1, Was the public invited to comment? ruddervator inspections and Amendment 39–12919 (67 FR 64794, The FAA encouraged interested persons modifications on certain Raytheon October 22, 2002), to require to participate in the making of this Aircraft Company (Raytheon) Beech ruddervator inspections and amendment. The following presents the Models C35, D35, E35, F35, G35, H35, modifications on certain Raytheon comments received on the proposal and J35, K35, M35, N35, P35, S35, V35, Aircraft Company (Raytheon) Beech FAA’s response to each comment: V35A, and V35B airplanes. This AD Models C35, D35, E35, F35, G35, H35, Comment Issue No. 1: Provide Credit maintains the actions of AD 94–20–04 J35, K35, M35, N35, P35, S35, V35, for Previously Accomplished Actions R1, but makes the repetitive visual V35A, and V35B airplanes. What is the commenter’s concern? A inspection of the empennage, aft The intent of this AD was to maintain commenter points out that FAA left off fuselage, and ruddervator control the inspection and modification the phrase ‘‘unless already system with any subsequent repair and requirements of AD 94–20–04, accomplished’’ for the initial actions of the setting of the elevator controls, Amendment 39–9032 (59 FR 49785, the proposed AD. The commenter rudder and tab system controls, cable September 30, 1994), but condense and believes that this phrase should be tensions, and rigging a one time action; clarify the information presented in AD added based on FAA’s inclusion of the and adds repetitive inspections of the 94–20–04. phrase in other ADs. fuselage bulkheads that were required What has happened since AD 94–20– What is FAA’s response to the by AD 94–20–04. This AD is the result 04 R1 to initiate this action? Comments concern? We concur that this phrase of the need to add a repetitive from the public since issuance of AD should be added to the initial actions of inspection of the fuselage bulkheads 94–20–04 R1 indicate a need for a the proposed AD. We are changing the and change other inspections from a revision to that AD. Specifically, the final rule AD action accordingly. repetitive to a one-time action. The visual inspection of the empennage, aft actions specified by this AD are fuselage, and ruddervator control Comment Issue No. 2: The Inspection of intended to prevent structural failure of system with any subsequent repair and the Empennage, Aft Fuselage, and the V-tail, which could result in loss of the setting of the elevator controls, Ruddervator Control System Should Be control of the airplane. rudder and tab system controls, cable Repetitive DATES: This AD becomes effective on tensions, and rigging should all be a one What is the commenter’s concern? June 27, 2003. time action. Currently, they are to be Raytheon recommends that the
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repetitive inspections of the empennage, inadvertently made them repetitive in corrections. We have determined that aft fuselage, and ruddervator control AD 90–20–04 R1. This action will these changes and minor corrections: system continue. This would include incorporate FAA’s intent. We will —provide the intent that was the setting of the elevator controls, continue to monitor the service history proposed in the NPRM for correcting the rudder and tab system controls, cable of these airplanes. If necessary, we will unsafe condition; and tensions, and rigging. Raytheon states initiate future rulemaking to address —do not add any additional burden that ‘‘these items can change with wear this subject. upon the public than was already We are not changing the final rule AD and usage and need to be maintained at proposed in the NPRM. specification to prevent unsafe action based on this comment. Cost Impact conditions from developing.’’ FAA’s Determination What is FAA’s response to the What is FAA’s final determination on How many airplanes does this AD concern? The FAA does not concur. The this issue? We carefully reviewed all impact? We estimate that this AD affects intent of AD 94–20–04 R1 was to available information related to the 10,200 airplanes in the U.S. registry. maintain the actions of AD 94–20–04 on subject presented above and determined What is the cost impact of this AD on the affected airplanes. The inspections that air safety and the public interest owners/operators of the affected of the empennage, aft fuselage, and require the adoption of the rule as airplanes? We estimate the following ruddervator control system were a one- proposed except for the changes costs to accomplish the initial time action in AD 90–20–04. We discussed above and minor editorial inspections:
Total cost on U.S. Labor cost Parts cost Total cost per airplane operators
40 workhours at $60 per hour = $2,400 ...... Not Applicable ...... $2,400 per airplane ...... $24,480,000.
These cost figures are exactly the same (2) is not a ‘‘significant rule’’ under DOT 94–20–04 R2 Raytheon Aircraft Company as what is currently required by AD 94– Regulatory Policies and Procedures (44 (Beech Aircraft Corporation formerly 20–04 R1. Although we are adding the FR 11034, February 26, 1979); and (3) held Type Certificate (TC) No. A–777 inspection of the fuselage bulkheads to will not have a significant economic and TC No. 3A15): Amendment 39– this AD, we had already incorporated impact, positive or negative, on a 13147; Docket No. 93–CE–37–AD; Revises AD 94–20–04 R1, Amendment the costs of this inspection into the Cost substantial number of small entities 39–12919, which revised AD 94–20–04, Impact of AD 94–20–04 R1. Therefore, under the criteria of the Regulatory Amendment 39–9032. this AD presents no new costs upon the Flexibility Act. A copy of the final (a) What airplanes are affected by this AD? public. evaluation prepared for this action is This AD affects the following airplanes that The above figures are based only on contained in the Rules Docket. A copy are certificated in any category: the initial inspections and do not take of it may be obtained by contacting the (1) Beech Models C35, D35, E35, F35, G35, into account the cost of repetitive Rules Docket at the location provided H35, J35, K35, M35, N35, and P35 airplanes, inspections or adjustments, repairs, or under the caption ADDRESSES. all serial numbers; and replacements that may be necessary (2) Beech Models S35, V35, V35A, and based on the results of the inspections. List of Subjects in 14 CFR Part 39 V35B airplanes, all serial numbers, that do We have no way of determining the Air transportation, Aircraft, Aviation not have the straight tail conversion number of repetitive inspections each safety, Incorporation by reference, modification incorporated in accordance owner/operator of the affected airplanes Safety. with Supplemental Type Certificate (STC) SA2149CE. will incur or what adjustments, repairs, Adoption of the Amendment or replacements may be necessary based Note 1: Beech Models 35, 35R, A35, B35 airplanes were included in the Applicability ■ on the results of the inspections. Accordingly, under the authority of AD 94–20–04. We have removed Beech Regulatory Impact delegated to me by the Administrator, Models 35, 35R, A35, and B35 airplanes from the Federal Aviation Administration the Applicability section of this AD and Does this AD impact various entities? amends part 39 of the Federal Aviation incorporated the actions applicable to these The regulations adopted herein will not Regulations (14 CFR part 39) as follows: airplanes into another AD action. Part of this have a substantial direct effect on the other AD action is the incorporation of States, on the relationship between the PART 39—AIRWORTHINESS Raytheon Service Raytheon Service Bulletin national government and the States, or DIRECTIVES 27–3358. on the distribution of power and (b) Who must comply with this AD? ■ responsibilities among the various 1. The authority citation for part 39 Anyone who wishes to operate any of the levels of government. Therefore, it is continues to read as follows: airplanes identified in paragraphs (a)(1) and determined that this final rule does not Authority: 49 U.S.C. 106(g), 40113, 44701. (a)(2) of this AD must comply with this AD. have federalism implications under (c) What problem does this AD address? § 39.13 [Amended] Executive Order 13132. The actions specified by this AD are intended ■ to prevent structural failure of the V-tail, Does this AD involve a significant rule 2. FAA amends § 39.13 by removing which could result in loss of control of the or regulatory action? For the reasons Airworthiness Directive 94–20–04 R1, airplane. discussed above, I certify that this Amendment 39–12919 (67 FR 64794, (d) What actions must I accomplish to action (1) is not a ‘‘significant regulatory October 22, 2002), and by adding a new address this problem? To address this action’’ under Executive Order 12866; AD to read as follows: problem, you must accomplish the following:
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Actions Compliance Procedures
(1) Verify that the ruddervator balance is within Accomplish the verification within the next 100 Verify in accordance with the applicable shop the manufacturer’s specified limits as defined hours time-in-service (TIS) after November or maintenance manual. Balance the in the applicable shop or maintenance man- 28, 1994 (the effective the date of AD 94– ruddervator control surfaces in accordance ual. If the ruddervator is outside the specified 20–04), unless already accomplished, and with Section 3 of Beech Shop Manual 35– limits, balance the ruddervator control sur- thereafter prior to further flight after the 590096B19, or subsequent revisions. faces. ruddervators are repaired or repainted (even if the stripes are added or paint is touched up). Accomplish the balancing prior to further flight after the ruddervator is found outside the specified limits.
(2) Visually inspect the empennage, aft fuse- Inspect and set the controls, tension, and rig- In accordance with the procedures and as lage, and ruddervator control system for ging within the next 100 hours TIS after No- specified in the instructions Beech Kit 35– damage. vember 28, 1994 (the effective date of AD 4017–1 ‘‘Kit Information Empennage and (i) Repair or replace any damaged parts; and 94–20–04), unless already accomplished. Aft Fuelsage Inspection’’, as specified in (ii) Set the elevator controls, rudder and tab Accomplish any repairs and replacements Beech Service Bulletin No. 2188, dated system controls, cable tensions, and rigging. prior to further flight after the inspection. May, 1987.
(3) Accomplish the following actions: Initially inspect within the next 100 hours TIS In accordance with the procedures in the in- (i) Visually inspect the fuselage bulkheads at after June 27, 2003 (the effective date of structions to Beech Kit 35–4017–1 ‘‘Kit In- Fuselage Station (FS) 256.9 and FS 272 for this AD). Repetitively inspect thereafter at formation Empennage & Aft Fuselage In- damage (cracks, distortion, loose rivets, etc.); intervals not to exceed 100 hours TIS. Re- spection’’, as specified in Beech SB 2188, (ii) Visually inspect the fuselage skin around the pair or replace prior to further flight after the dated May 1987. bulkhead for damage (wrinkles or cracks); inspection where damage is found. and (iii) Repair or replace damaged parts.
(4) Remove all external stabilizer reinforce- Within the next 100 hours TIS after November In accordance with the applicable mainte- ments installed during the incorporation of ei- 28, 1994 (the effective date of AD 94–20– nance information. ther Supplemental Type Certificate (STC) 04), unless already accomplished. SA845GL, STC SA846GL, STC SA1650CE, STC SA2286NM, or STC SA2287NM, as applicable. (i) Seal or fill any residual holes accomplished. with appropriate size rivets. (ii) The internal stub spar incorporated through STC SA1649CE and STC SA1650CE may be retained. (iii) The external angles incorporated through STC SA1649CE may also be retained by properly trimming the leading edges section to permit installation of the stabilizer rein- forcement referenced in paragraph (d)(5)(i) of this AD. (iv) For the Beech Models S35, V35, V35A, and V35B airplanes, you may retain and use the tail-safe external angles that were installed in accordance with STC SA1649CE instead of the stabilizer reinforcement specified in para- graph (d)(5)(i) of this AD.
(5) Accomplish the following: Within the next 100 hours TIS after November In accordance with the instructions to RAC Kit (i) Install stabilizer reinforcements; 28, 1994 (the effective date of AD 94–20– Nos. 35–4016–3, 35–4016–5, 35–4016–7, (ii) Set the elevator nose-down trim; and 04), unless already accomplished. or 35–4016–9, as applicable and as speci- (iii) Replace the ruddervator tab control cables fied in Beech SB No. 2188, dated May, with larger diameter cables. 1987.
(6) Verify the accuracy of the airplane basic Accomplish the airplane basic weight and bal- Use the procedures contained in the Appen- weight and balance information and correct ance accuracy verification within the next dix to this AD. any discrepancies. 100 hours TIS after November 28, 1994 (the effective date of AD 94–20–04), unless already accomplished. Correct any discrep- ancies prior to further flight after the verification.
(e) Can I comply with this AD in any other (ii) The Manager, Wichita Aircraft (2) Alternative methods of compliance way? Certification Office (ACO), approves your approved in accordance with AD 94–20–04 (1) You may use an alternative method of alternative. Submit your request through an R1 or AD 94–20–04 are approved as compliance or adjust the compliance time if: FAA Principal Maintenance Inspector, who alternative methods of compliance with this (i) Your alternative method of compliance may add comments and then send it to the AD. provides an equivalent level of safety; and Manager, Wichita ACO. Note 2: This AD applies to each airplane identified in paragraphs (a)(1) and (a)(2) of
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this AD, regardless of whether it has been Weight and Balance Information Accuracy certain existing delegations to two modified, altered, or repaired in the area Method No. 2 Commission office directors for a third subject to the requirements of this AD. For 1. Determine the basic empty weight and office director and to make related airplanes that have been modified, altered, or center of gravity (CG) of the empty airplane changes in connection with changes in repaired so that the performance of the using the Weighing Instructions in the the Commission’s internal structure. requirements of this AD is affected, the Weight and Balance section of the airplane owner/operator must request approval for an These changes came about as a result of flight manual/pilot’s operating handbook the formation of the Office of Market alternative method of compliance in (AFM/POH). accordance with paragraph (e) of this AD. 2. Record the results in the airplane Oversight and Investigations (OMOI). By The request should include an assessment of records, and use these new values as the this order, the Commission is not the effect of the modification, alteration, or basis for computing the weight and CG revising or expanding existing repair on the unsafe condition addressed by information as specified in the Weight and delegations of authority.1 this AD; and, if you have not eliminated the Balances section of the AFM/POH. 2. In order to better understand unsafe condition, specific actions you (j) When does this amendment become natural gas, oil and power markets and propose to address it. effective? This amendment becomes effective to swiftly remedy market rule violations (f) Where can I get information about any on June 27, 2003. and abuse of market power, the already-approved alternative methods of Issued in Kansas City, Missouri, on May 8, Commission created OMOI, which compliance? Contact Mr. T.N. Baktha, 2003. became a formal, functioning office Aerospace Engineer, FAA, Wichita Aircraft David R. Showers, within the Commission in August 2002. Certification Office, 1801 Airport Road, Mid- Acting Manager, Small Airplane Directorate, OMOI serves as an early warning system Continent Airport, Wichita, Kansas 67209; to alert the Commission when market telephone: (316) 946–4155; facsimile: (316) Aircraft Certification Service. 946–4107. [FR Doc. 03–11977 Filed 5–13–03; 8:45 am] problems develop, and allows the (g) What if I need to fly the airplane to BILLING CODE 4910–13–P Commission to analyze and address any another location to comply with this AD? The problems more quickly. OMOI has FAA can issue a special flight permit under begun an aggressive program of outreach sections 21.197 and 21.199 of the Federal DEPARTMENT OF ENERGY to a wide variety of entities including Aviation Regulations (14 CFR 21.197 and other federal, state and provincial 21.199) to operate your airplane to a location Federal Energy Regulatory regulatory agencies, state consumer where you can accomplish the requirements Commission advocates, industry participants, of this AD. academic institutions and think tanks, (h) Are any service bulletins incorporated financial institutions (such as rating into this AD by reference? Actions required 18 CFR Parts 375 and 376 agencies), and Market Monitoring Units by this AD must be done in accordance with [Docket No. RM03–7–000; Order No. 632] Beech Kit Nos. 35–4016–3, 35–4016–5, 35– at Regional Transmission Organizations 4016–7, or 35–4016–9, and the instructions Delegations of Authority and Independent System Operators. to Beech Kit 35–4017–1 ‘‘Kit Information 3. The formation of the new office Empennage & Aft Fuselage Inspection’’, as Issued May 7, 2003. implicates certain functions currently applicable and specified in Beech Service AGENCY: Federal Energy Regulatory being performed under delegated Bulletin No. 2188, dated May 1987. The Commission, DOE. authority by the Office of Market, Tariffs Director of the Federal Register previously ACTION: Final rule. and Rates (OMTR) or by the Office of approved this incorporation by reference General Counsel (OGC). For example, under 5 U.S.C. 552(a) and 1 CFR part 51 as SUMMARY: The Federal Energy currently the Director of OMTR has of November 28, 1994 (59 FR 49785, Regulatory Commission (Commission) is September 30, 1994). You may get copies amending its regulations on delegations 1 Existing delegations of authority were from Raytheon Aircraft Company, PO Box 85, promulgated in a series of rulemakings initiated in Wichita, Kansas 67201–0085. You may view of authority to reflect changes in the Commission’s internal structure. 1978. See Delegations to Various Office Directors of copies at the FAA, Central Region, Office of Certain Commission Authority, 43 FR 36433 (Aug. the Regional Counsel, 901 Locust, Room 506, Specifically, the Commission is 17, 1978), FERC Stats. & Regs. Preambles 1977–1981 Kansas City, Missouri, or at the Office of the duplicating existing authorities ¶ 30,016 (1978); Chief Accountant, et al., Delegation Federal Register, 800 North Capitol Street, delegated to the Offices of Markets, of Authority; Final Regulation, Order No. 38, 44 FR NW, suite 700, Washington, DC. Tariffs and Rates and General Counsel 45449 (Aug. 8, 1979), FERC Stats. & Regs. Preambles (i) Does this AD action affect any existing 1977–1981 ¶ 30,068 (1979), reh’g denied , 8 FERC for the newly formed Office of Market ¶ 61,299 (1979); Delegation of the Commission’s AD actions? This amendment revises AD 94– Oversight and Investigations (OMOI). Authority to the Directors of Office of Electric 20–04 R1, Amendment 39–12919. Granting such delegations of authority Power Regulation, Office of the Chief Accountant, to OMOI will better enable it to perform and Office of Pipeline and Producer Regulation, Appendix to AD 94–20–04 R2 Order No. 147, 46 FR 29700 (June 3, 1981), FERC its market monitoring responsibilities. Weight and Balance Accuracy Method No. 1 Stats. & Regs. Preambles 1977–1981 ¶ 30,259 (1981); EFFECTIVE DATE: This final rule is Delegation of Authority, Order No. 224, 47 FR 1. Review existing weight and balance effective May 7, 2003. 17806 (April 26, 1982), FERC Stats. & Regs. documentation to assure completeness and Preambles 1982–1985 ¶ 30,356 (1982); Regulations accuracy of the documentation from the most FOR FURTHER INFORMATION CONTACT: Delegating Authority, Order No. 492, 53 FR 16058 recent FAA-approved weighing or from Arlene T. McCarthy, Office of the (May 5, 1988), FERC Stats. & Regs. Preambles 1986– factory delivery to date of compliance with General Counsel, Federal Energy 1990 ¶ 30,814 (1988); Streamlining Commission Procedures for Review of Staff Action, Order No. this AD. Regulatory Commission, 888 First 530, 55 FR 50677 (May 5, 1988), FERC Stats. & Regs. 2. Compare the actual configuration of the Street, NE., Washington, DC 20426, Preambles 1986–1990 ¶ 30,906 (1990), reh’g denied, airplane to the configuration described in the (202) 502–8567. Order No. 530–A, 56 FR 4719 (Feb. 6, 1991), FERC weight and balance documentation. SUPPLEMENTARY INFORMATION: Stats. & Regs.] Preambles 1991–1996 ¶ 30,914 3. If equipment additions or deletions are (1991); Delegation of Authority to the Secretary, the Before Commissioners: Pat Wood, III, Director of the Office of Electric Power Regulation, not reflected in the documentation or if Chairman; William L. Massey, and Nora modifications affecting the location of the and the General Counsel, Order No. 585, 60 FR Mead Brownell. 62326 (Dec. 6, 1995), FERC Stats. & Regs. Preambles center of gravity (e.g., paint or structural January 1991–June 1996 ¶ 31,030 (1995); Delegation repairs) are not documented, determine the 1. The Federal Energy Regulatory of Authority, Order No. 613, 64 FR 73403 (Dec. 30, accuracy of the airplane weight and balance Commission (Commission) is amending 1991), FERC Stats. & Regs. Preambles July 1996– data in accordance with Method No. 2. 18 CFR Parts 375 and 376 to duplicate December 2000 ¶ 31,087 (1999).
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delegated authority to sign non-financial agency procedure and practice, or where Street, NE., Room 2A, Washington, DC audit reports of jurisdictional the agency finds that notice and 20426. companies, a function which the comment is unnecessary. This rule 10. From FERC’s Home Page on the Director of OMOI may also need so that concerns only matters of internal agency Internet, this information is available in OMOI employees are able to perform procedure and will not affect regulated the Federal Energy Regulatory Records their market monitoring duties. entities or the general public. Therefore, Information System (FERRIS). The full Likewise, the General Counsel is the Commission finds notice and text of this document is available on currently authorized to terminate any comment procedures to be unnecessary. FERRIS in PDF and WordPerfect format informal non-public investigation, a Information Collection Statement for viewing, printing, or downloading. function which the director of OMOI To access this document in FERRIS, needs so that his enforcement staff may 6. Office of Management and Budget type the docket number excluding the handle their workload efficiently. This (OMB) regulations require OMB to last three digits of this document in the rule duplicates those authorities by approve certain information collection docket number field. adding Section 314 to Part 375 of Title requirements imposed by agency rule. 5 18 of the Code of Federal Regulations, CFR 1320.12. This rule making contains 11. User assistance is available for and, as noted, creates no new no information collections and OMB FERRIS and the FERC’s Web site during delegations. In addition, this rule review is therefore not required. normal business hours from FERC Online Support at corrects the structure of § 375.303(a), Environmental Analysis corrects a reference to paragraph [email protected] or toll- numbers in § 375.307(f), changes the 7. The Commission is required to free at (866) 208–3676, or for TTY, nomenclature of the Office of Finance prepare an Environmental Assessment contact (202) 502–8659. and Accounting in § 375.312, and or an Environmental Impact Statement Effective Date and Congressional revises § 376.204(b)(2) to include the for any action that may have a Notification Director of OMOI on the list of significant adverse effect on the human Commission staff delegations of environment.2 The Commission has 12. These regulations are effective on authority during an emergency. categorically excluded certain actions issuance. The Commission has 4. Specifically, the existing from this requirement as not having a determined that a delayed effective date delegations are being revised as follows: significant effect on the human for this final rule is unnecessary environment. Among these are rules pursuant to 5 U.S.C. 553(d). Because the Part 375 that are clarifying, corrective, or rule concerns only matters of internal Office of the Chief Accountant procedural, or that do not substantively agency procedure, the immediate (existing § 375.303). The paragraph change the effect of the regulations implementation of the rule imposes no structure of this section is corrected. being amended. 18 CFR 380.4(a)(2)(ii). consequences to regulated entities or the Office of Markets, Tariffs and Rates This rule is procedural in nature and general public, and any further delay (existing § 375.307). Delegations in therefore falls under this exception; could compromise the effective paragraphs (a), (c), (d), (g)(4), (h)(1), consequently, no environmental operation of the new office. Therefore, (i)(8) and (n)(3) are duplicated in consideration is necessary. the Commission finds good cause for paragraphs (i), (j), (k), (g), (e), (f) and (h) waiving the 30-day delay before the Regulatory Flexibility Act Certification of new § 375.314, respectively. A effective date of this final rule. reference to paragraph numbers ‘‘(b)(1) 8. The Regulatory Flexibility Act of or (b)(2)’’ is corrected to read ‘‘(f)(1) or 13. The Small Business Regulatory 1980 (RFA) generally requires a Enforcement Fairness Act of 1996 (f)(2).’’ description and analysis of final rules Office of the General Counsel (existing requires agencies to report to Congress that will have significant economic on the promulgation of certain final § 375.309). Delegations in paragraphs impact on a substantial number of small (a), (b), (c) and (d) are duplicated in rules prior to their effective dates. 5 entities. 5 U.S.C. 601–612. The U.S.C. 801. Rules of agency procedure paragraphs (b), (c), (d), and (b) of new Commission is not required to make § 375.314, respectively. and practice are excluded from this such analysis if a rule would not have notification requirement. 5 U.S.C. Office of the Finance, Accounting and such an effect. Because this rule Operations (existing § 375.312). The 804(3)(C). Therefore, this final rule will concerns only matters of internal agency not be submitted to Congress. nomenclature for this office is changed procedure, the Commission certifies that to the Office of the Executive Director. it will have no impact upon any entity List of Subjects other than the Commission. Part 376 18 CFR Part 375 Part 376 governs the Commission’s Document Availability Authority delegations (Government organization and its operations during 9. In addition to publishing the full emergency conditions. This rule making agencies), Seals and insignia, Sunshine text of this document in the Federal Act. amends the list of officials authorized to Register, the Commission provides all conduct operations during emergency interested persons an opportunity to 18 CFR Part 376 conditions to include the position of view or print the contents of this Civil defense, Organization and Director, OMOI, and replaces references document via the Internet through functions (Government agencies). to the former position of Director, FERC’s Home Page (http://www.ferc.gov) OFAO, with the Executive Director in and in FERC’s Public Reference Room By the Commission. § 376.204(b)(2). during normal business hours (8:30 a.m. Magalie R. Salas, 5. The Commission is issuing this to 5 p.m. Eastern time) at 888 First order as a final rule without a period for Secretary. public comment or delay in the effective In consideration of the foregoing, the 2 Regulations Implementing the National date. Under 5 U.S.C. 553(b), notice and Environmental Policy Act, Order No. 486, 52 FR Commission amends Parts 375 and 376, comment procedures are unnecessary 47897 (Dec. 17, 1987), FERC Stats. & Regs. Chapter I, Title 18, Code of Federal where a rulemaking concerns only Preambles 1986–1990 ¶ 30,783 (1987). Regulations, as follows:
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PART 375—THE COMMISSION reports and responses to interrogatories, notification of the opportunity for a gather information, and require the hearing required under section 301(a) of ■ 1. The authority citation for part 375 production of any books, papers, the Federal Power Act or section 8(a) of continues to read as follows: correspondence, memoranda, contracts, the Natural Gas Act accompanies the Authority: 5 U.S.C. 551–557; 15 U.S.C. agreements, or other records, in the audit report. 717–717w, 3301–3432; 16 U.S.C. 791–825r, course of formal investigations (k) Act upon requests by state and 2601–2645; 42 U.S.C. 7101–7352. conducted by the Office of Market federal agencies to review staff audit Oversight and Investigation, to the working papers in connection with non- ■ 2. In § 375.303, introductory text is extent the Commission’s order of financial audits if the company agrees to added and paragraph (a) is revised to investigation expressly provides for the the release of the audit working papers, read as follows: exercise of such investigative powers. and provided that: § 375.303 Delegations to the Chief (c) Grant or deny requests of persons (1) The papers are examined at the Accountant. pursuant to § 1b.12 of this chapter to Commission; and The Commission authorizes the Chief procure copies of the transcripts of their (2) The requester (i) Only makes general notes Accountant or the Chief Accountant’s testimony taken during non-public concerning the contents of the audit designee to: investigations conducted by the Office of Market Oversight and Investigation. working papers, (a) Issue interpretations of the (ii) Does not make copies of the audit Uniform System of Accounts for public (d) Terminate any informal non- public investigation conducted by the working papers, and utilities, licensees, natural gas (iii) Does not remove the audit companies and oil pipeline companies. Office of Market Oversight and Investigation. working papers from the area designated * * * * * (e) Issue reports for public by the Director. ■ 3. In § 375.307, paragraph (f)(3) is information purposes. Any report issued PART 376—ORGANIZATION, MISSION, revised to read as follows: without Commission approval must (1) Be of a non-controversial nature, AND FUNCTIONS: OPERATIONS § 375.307 Delegations to the Director of DURING EMERGENCY CONDITIONS the Office of Markets, Tariffs and Rates. and (2) Contain the statement, ‘‘This * * * * * ■ 6. The authority citation for part 376 report does not necessarily reflect the continues to read as follows: (f) * * * view of the Commission,’’ in bold-face (3) Advise the filing party of any type on the cover. Authority: 5 U.S.C. 553; 42 U.S.C. 7101– actions taken under paragraph (f)(1) or (f) Deny or grant, in whole or in part, 7352; E.O. 12009, 3 CFR 1978 Comp., p. 142. (f)(2) of this section and designate rate requests for waiver of the requirements ■ 7. In § 376.204, paragraphs (b)(2)(i), schedules, rate schedule changes, and for particular forms, including Electric notices of changes in rates, and the and (b)(2)(v) and (b)(2)(x) are revised to Quarterly Reports required under read as follows: effective date hereof. § 35.10b of this chapter. * * * * * (g) Take appropriate action on § 376.204 Delegation of Commission’s ■ 4. In § 375.312, the title and the applications for extensions of time to authority during emergency conditions. introductory text are revised to read as file required reports, data and * * * * * follows: information, and to perform other acts (b) * * * required at or within a specific time by (2) * * * § 375.312 Delegations to the Office of the any rule, regulation, license, permit, (i) the Executive Director; Executive Director. certificate, or by order of the * * * * * The Commission authorizes the Commission. (v) Director of the Office of Market Executive Director or the Executive (h) Undertake the following action Oversight and Investigations; Director’s designee to: with respect to data and reports * * * * * * * * * * submitted pursuant to Commission (x) Assistant Directors and Division ■ 5. Section 375.314 is added to read as opinions or orders: heads, Office of Markets, Tariffs and follows: (1) Accept for filing data and reports Rates; Assistant Directors and Division that are in compliance and, when heads, Office of Energy Projects; § 375.314 Delegations to the Director of appropriate, notify the filing party of Assistant General Counsels; and the Office of Market Oversight and such acceptance; Assistant Directors and Division heads, Investigation. (2) Reject for filing any data and Office of Market Oversight and The Commission authorizes the reports which are not in compliance or Investigations; in order of seniority. Director or the Director’s designee to: not required and, when appropriate, * * * * * (a) Request information for purposes notify the filing party of such rejection, of a preliminary investigation under or [FR Doc. 03–11952 Filed 5–13–03; 8:45 am] Part 1b of this chapter, or for purposes (3) Issue deficiency letters regarding BILLING CODE 6717–01–P of conducting market surveillance from such data or reports. an entity whose activities may affect (i) Sign all correspondence on behalf energy markets, and from state or of the Commission with state regulatory DEPARTMENT OF DEFENSE federal agencies that monitor or regulate commissions and agencies in such entities, whether or not subject to connection with non-financial auditing Department of the Army the Commission’s jurisdiction. matters. (b) Designate, and terminate the (j) Sign non-financial audit reports of 32 CFR Part 505 authority of, officers empowered to jurisdictional companies, administer oaths and affirmations, (1) If the company agrees with the Privacy Act; Implementation subpoena witnesses, compel their audit report, or AGENCY: Department of the Army, DoD. attendance and testimony, take (2) If the company does not agree with ACTION: Final rule. evidence, compel the filing of special the audit report, provided that any
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SUMMARY: The Department of the Army Department of Defense does not involve protect properly classified information is amending an existing exemption rule a Federal mandate that may result in the relating to national defense and foreign for the system of records A0025–55 expenditure by State, local and tribal policy, to avoid interference during the TAPC, entitled ‘Freedom of Information governments, in the aggregate, or by the conduct of criminal, civil, or Act Program Files’. The amendments private sector, of $100 million or more administrative actions or investigations, being made to the rule are and that such rulemaking will not to ensure protective services provided administrative, i.e., amending the significantly or uniquely affect small the President and others are not system identifier, the system name, and governments. compromised, to protect the identity of revising the reasons for claiming the confidential sources incident to Federal Executive Order 13132, ‘‘Federalism’’ exemptions. No additional exemptions employment, military service, contract, are being claimed. It has been determined that the and security clearance determinations, EFFECTIVE DATE: This rule becomes Privacy Act rules for the Department of to preserve the confidentiality and effective May 14, 2003. Defense do not have federalism integrity of Federal testing materials, implications. The rules do not have and to safeguard evaluation materials FOR FURTHER INFORMATION CONTACT: Ms. substantial direct effects on the States, used for military promotions when Janice Thornton at (703) 806–7137/DSN on the relationship between the furnished by a confidential source. The 656–7137. National Government and the States, or exemption rule for the original records SUPPLEMENTARY INFORMATION: on the distribution of power and will identify the specific reasons why Executive Order 12866, ‘‘Regulatory responsibilities among the various the records are exempt from specific Planning and Review’’ levels of government. provisions of 5 U.S.C. 552a. It has been determined that Privacy List of Subjects in 32 CFR Part 505 * * * * * Act rules for the Department of Defense Privacy. Dated: April 30, 2003. are not significant rules. The rules do ■ Accordingly 32 CFR part 505 is Patricia L. Toppings, not (1) Have an annual effect on the amended to read as follows: Alternate OSD Federal Register Liaison economy of $100 million or more or Officer, Department of Defense. adversely affect in a material way the PART 505—THE ARMY PRIVACY [FR Doc. 03–12004 Filed 5–13–03; 8:45 am] economy; a sector of the economy; PROGRAM BILLING CODE 5001–08–M productivity; competition; jobs; the ■ environment; public health or safety; or 1. The authority citation for 32 CFR part 505 continues to read as follows: State, local, or tribal governments or DEPARTMENT OF HOMELAND communities; (2) Create a serious Authority: Pub. L. 93–579, 88 Stat. 1896 (5 SECURITY inconsistency or otherwise interfere U.S.C. 552a). with an action taken or planned by ■ 2. Section 505.5, paragraph (e)(3) is Coast Guard another Agency; (3) Materially alter the revised to read as follows: budgetary impact of entitlements, 33 CFR Part 100 § 505.5 Exemptions. grants, user fees, or loan programs, or [CGD01–03–030] the rights and obligations of recipients * * * * * thereof; or (4) Raise novel legal or policy (e) Exempt Army Records. * * * Special Local Regulation: Harvard-Yale issues arising out of legal mandates, the (3) A0025–55 TAPC. Regatta, Thames River, New London, President’s priorities, or the principles (i) System name: Freedom of CT set forth in this Executive order. Information Act Program Files. (ii) Exemption: During the processing AGENCY: Coast Guard, DHS. Public Law 96–354, ‘‘Regulatory of Freedom of Information Act (FOIA) ACTION: Notice of implementation of Flexibility Act’’ (5 U.S.C. Chapter 6) requests exempt materials from other regulations. It has been determined that Privacy systems of records may in turn become SUMMARY: Act rules for the Department of Defense part of the case record in this system. To This notice implements the do not have significant economic impact the extent that copies of exempt records permanent regulations for the annual on a substantial number of small entities from those ‘‘other’’ systems of records Harvard-Yale Regatta, a rowing because they are concerned only with are entered into this system, the competition held on the Thames River the administration of Privacy Act Department of the Army claims the in New London, CT. The regulation is systems of records within the same exemptions for the records from necessary to control vessel traffic within Department of Defense. those ‘‘other’’ systems that are entered the immediate vicinity of the event due into this system, as claimed for the to the confined nature of the waterway Public Law 96–511, ‘‘Paperwork original primary system of which they and anticipated congestion at the time Reduction Act’’ (44 U.S.C. Chapter 35) are a part. of the event, thus providing for the It has been determined that Privacy (iii) Authority: 5 U.S.C. 552a(j)(2), safety of life and property on the Act rules for the Department of Defense (k)(1), (k)(2), (k)(3), (k)(4), (k)(5), (k)(6), affected navigable waters. impose no information requirements and (k)(7). DATES: The regulations in 33 CFR beyond the Department of Defense and (iv) Reasons: Records are only exempt 100.101 are effective on June 7, 2003, that the information collected within from pertinent provisions of 5 U.S.C. from 9:30 a.m. to 5 p.m. If the regatta is the Department of Defense is necessary 552a to the extent such provisions have canceled due to weather, this section and consistent with 5 U.S.C. 552a, been identified and an exemption will be in effect on the following day, known as the Privacy Act of 1974. claimed for the original record and the Sunday, June 8, 2003, during the same purposes underlying the exemption for hours. Section 202, Public Law 104–4, the original record still pertain to the FOR FURTHER INFORMATION CONTACT: ‘‘Unfunded Mandates Reform Act’’ record which is now contained in this Petty Officer Austin Nagle, Office of It has been determined that the system of records. In general, the Search and Rescue, First Coast Guard Privacy Act rulemaking for the exemptions were claimed in order to District, (617) 223–8460.
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SUPPLEMENTARY INFORMATION: This Angels Airshow over the waters of the Coast Guard District Bridge Branch notice implements the permanent Severn River at Annapolis, Maryland. maintains the public docket for this special local regulation governing the The events will consist of low flying, temporary deviation. 2003 Harvard-Yale Regatta. A portion of high performance aircraft performing FOR FURTHER INFORMATION CONTACT: Mr. the Thames River in New London, precision maneuvers and aerial stunts. John McDonald, Project Officer, First Connecticut will be closed during the A fleet of spectator vessels is expected Coast Guard District Bridge Branch, effective period to all vessel traffic to gather near the event site to view the (617) 223–8364. except participants, official regatta event. In order to ensure the safety of SUPPLEMENTARY INFORMATION: The vessels, and patrol craft. The regulated participants, spectators and transiting vertical clearance under the Conrail area is that area of the river between the vessels, 33 CFR 100.518 will be in effect Railroad Bridge in the open position is Penn Central drawbridge and Bartlett’s for the duration of the event. Under 135 feet at mean high water and 139 feet Cove. Additional public notification provisions of 33 CFR 100.518, vessels at mean low water. The draw is will be made via the First Coast Guard may not enter the regulated area without normally in the fully open position District Local Notice to Mariners and permission from the Coast Guard Patrol except for the passage of rail traffic. The marine safety broadcasts. The full text of Commander. Spectator vessels may existing regulations are listed at 33 CFR this regulation is found in 33 CFR anchor outside the regulated area but 117.589. 100.101. may not block a navigable channel. The owner of the bridge, the U. S. Dated: April 25, 2003. Because these restrictions will only be Army Corps of Engineers (USACE), Vivien S. Crea, in effect for a limited period, they requested a temporary deviation from should not result in a significant Rear Admiral, U.S. Coast Guard, Commander, the Drawbridge Operation Regulations First Coast Guard District. disruption of maritime traffic. to facilitate scheduled maintenance, the [FR Doc. 03–11989 Filed 5–13–03; 8:45 am] Dated: April 22, 2003. replacement of the rail tracks, at the BILLING CODE 4910–15–P Sally Brice-O’Hara, bridge. This work must be performed Rear Admiral, U.S. Coast Guard, Commander, with the bridge in the closed position. Fifth Coast Guard District. The mariners who normally use this DEPARTMENT OF HOMELAND [FR Doc. 03–11986 Filed 5–13–03; 8:45 am] waterway were advised about the SECURITY BILLING CODE 4910–15–P necessary repairs at the bridge and the temporary closures that will be required Coast Guard in order to facilitate the repairs. No DEPARTMENT OF HOMELAND objections were received. 33 CFR Part 100 SECURITY Under this temporary deviation the Conrail Railroad Bridge, mile 0.7, may [CGD05–03–038] Coast Guard remain in the closed position from 6 RIN 1625–AA08 a.m. through 1 p.m. on May 22, 2003 33 CFR Part 117 and May 27, 2003. Special Local Regulations for Marine Mariners may contact the U.S. Army Events; Severn River, College Creek, [CGD01–03–040] Corps of Engineers Marine Traffic and Weems Creek, Annapolis, MD Drawbridge Operation Regulations: Controller 24-hour telephone line at (508) 759–4431 for the operational AGENCY: Cape Cod Canal, MA Coast Guard, DHS. status of the bridge. ACTION: Notice of implementation. AGENCY: Coast Guard, DHS. This deviation from the operating ACTION: Notice of temporary deviation regulations is authorized under 33 CFR SUMMARY: The Coast Guard is from regulations. 117.35, and will be performed with all implementing the special local due speed in order to return the bridge regulations at 33 CFR 100.518 for the SUMMARY: The Commander, First Coast to normal operation as soon as possible. U.S. Naval Academy Blue Angels Guard District, has issued a temporary Airshow to be held May 20 and 21, deviation from the drawbridge operation Dated: May 7, 2003. 2003, over the waters of the Severn regulations that govern the Conrail Vivien S. Crea, River at Annapolis, Maryland. These Railroad Bridge across Cape Cod Canal, Rear Admiral, U.S. Coast Guard, Commander, special local regulations are necessary to mile 0.7, at Bourne, Massachusetts. This First Coast Guard District. control vessel traffic due to the confined temporary deviation will allow the [FR Doc. 03–11990 Filed 5–13–03; 8:45 am] nature of the waterway and expected bridge to remain in the closed position BILLING CODE 4910–15–P vessel congestion during the events. The from 6 a.m. through 1 p.m. on May 22, effect will be to restrict general 2003 and May 27, 2003. This temporary navigation in the regulated area for the deviation is necessary to facilitate DEPARTMENT OF HOMELAND safety of spectators and vessels scheduled structural repairs at the SECURITY transiting the event area. bridge. Coast Guard EFFECTIVE DATES: 33 CFR 100.518 is DATES: This deviation is effective from effective from 10:30 a.m. to 4 p.m. on May 22, 2003 through May 27, 2003. 33 CFR Part 165 May 20 and 21, 2003. ADDRESSES: Materials referred to in this [CGD17–03–001] FOR FURTHER INFORMATION CONTACT: Ron document are available for inspection or Houck, Marine Information Specialist, copying at the First Coast Guard RIN 1625–AA11 Commander, Coast Guard Activities District, Bridge Branch Office, 408 Baltimore, 2401 Hawkins Point Road, Atlantic Avenue, Boston, Vessel Movement Reporting System; Baltimore, MD 21226–1971, (410) 576– Massachusetts, 02110, between 7 a.m. Prince William Sound, AK 2674. and 3 p.m., Monday through Friday, AGENCY: Coast Guard, DHS. SUPPLEMENTARY INFORMATION: The U.S. except Federal holidays. The telephone ACTION: Temporary final rule. Naval Academy will sponsor the Blue number is (617) 223–8364. The First
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SUMMARY: The Coast Guard is action is required to address the ongoing U.S. ports and waterways to be on a establishing a temporary regulation threat to U.S. maritime transportation higher state of alert because the al requiring all commercial and fishing interests. Qaeda organization and other similar vessels, regardless of length, to For the same reasons, under 5 U.S.C. organizations have declared an ongoing participate in the Vessel Movement 553(d)(3), the Coast Guard finds that intention to conduct armed attacks on Reporting System while operating good cause exists for making this rule U.S. interests worldwide. within the Prince William Sound. This effective less than 30 days after The conflict in Iraq has caused the action is being taken to safeguard publication in the Federal Register. The Attorney General in consultation with vessels, ports and waterfront facilities measures contemplated by the rule are the Secretary of the Department for from sabotage or terrorist acts and intended to prevent waterborne acts of Homeland Security to elevate the HSAS incidents by providing the Coast Guard sabotage or terrorism, which terrorists threat condition to High/Orange and with the enhanced ability to track vessel have demonstrated a capability to carry accordingly the Coast Guard has traffic in the Prince William Sound. out. Immediate action is needed to established MARSEC II in the port of This action is necessary to ensure public defend against and deter these terrorist Valdez. The Coast Guard will follow the safety and prevent sabotage, terrorist acts. Any delay in the effective date of guidance for the Department of acts or incidents, and to facilitate the this rule is impracticable and contrary Homeland Security and implement the efforts of emergency services and law to the public interest. following general measures: Coordinate necessary security efforts with Federal, enforcement officers responding to Background and Purpose terrorist incidents or attacks. State, and local law enforcement Terrorist attacks on September 11, DATES: agencies or any National Guard or other This rule is effective from April 2001, inflicted catastrophic human 3, 2003, through May 18, 2003. appropriate armed forces organizations; casualties and property damage. These take additional precautions at public ADDRESSES: Documents indicated in this attacks highlighted the terrorists’ ability events and possibly considering preamble as being available in the and desire to utilize multiple means in alternative venues or even cancellation; docket, are part of docket CGD17–03– different geographic areas to increase and restrict threatened facility access to 001 and are available for inspection or their opportunities to successfully carry essential personnel only. The measures copying at U.S. Coast Guard Marine out their mission, thereby maximizing contemplated by this rule are intended Safety Office, 105 Clifton Street, Valdez, destruction using multiple terrorist acts. to prevent future terrorist attacks against Alaska 99686 between 9 a.m. and 4 Since the September 11, 2001, critical maritime infrastructure p.m., Monday through Friday, except terrorist attacks on the World Trade including the Trans-Alaska Pipeline Federal holidays. Center in New York, the Pentagon in System’s Valdez Marine Terminal, and FOR FURTHER INFORMATION CONTACT: LT Arlington, Virginia and Flight 93, the the shipping lanes leading to and from C.L. Huot, U.S. Coast Guard Marine Federal Bureau of Investigation (FBI) it. This terminal supplies approximately Safety Office, 105 Clifton Street, Valdez, has issued several warnings concerning half of the crude oil needs of the U.S. Alaska 99686, (907) 835–7262. the potential for additional terrorist West Coast. SUPPLEMENTARY INFORMATION: attacks within the United States. The To address the aforementioned threat of maritime attacks is real as security concerns and to take steps to Regulatory Information evidenced by the October 2002 attack on prevent the catastrophic impact that a Pursuant to 5 U.S.C. 553, we did not a tank vessel off the coast of Yemen and terrorist attack against a major crude oil publish a notice of proposed rulemaking the prior attack on the USS Cole. These loading terminal or other critical (NPRM) for this regulation. Under 5 attacks manifest a continuing threat to infrastructure in the port of Valdez U.S.C. 553 (b)(B), the Coast Guard finds U.S. assets as described in the would have on the public interest, the that good cause exists for not publishing President’s finding in Executive Order 17th Coast Guard District Commander is an NPRM. The Coast Guard operates 13273 of August 21, 2002 (67 FR 56215, establishing vessel movement reporting under a three-tiered system of Maritime September 3, 2002), that the security of requirements for all commercial and Security (MARSEC) conditions that are the U.S. is endangered by the September fishing vessels. These amendments to aligned with the color coded Homeland 11, 2001, attacks and that such the existing rules for the Prince William Security Advisory System Conditions disturbances continue to endanger the Sound Regulated Navigation Area will (HSAS). The port of Valdez has been international relations of the United help to prevent vessels or persons from elevated to the second highest level of States. See also Continuation of the engaging in terrorist actions against alert MARSEC II/HSAS ORANGE based National Emergency with Respect to petroleum terminals, petroleum tankers, on the conflict with Iraq and, as such, Certain Terrorist Attacks, (67 FR 58317, or other critical port facilities by vessel control measures for the Coast September 13, 2002); Continuation of providing the Coast Guard with the Guard to establish heightened the National Emergency With Respect enhanced ability to track vessel deterrence and detection of terrorist To Persons Who Commit, Threaten To movement in the Prince William Sound. activities in the port are necessary. Commit, Or Support Terrorism, (67 FR The Coast Guard is establishing these Additionally, the Maritime 59447, September 20, 2002). The U.S. vessel movement reporting Administration recently issued MARAD Maritime Administration (MARAD) in requirements within Prince William Advisory 03–01 (071900Z FEB 03) Advisory 02–07 advised U.S. shipping Sound, Alaska in order to safeguard informing operators of maritime interests to maintain a heightened state vessels, ports and waterfront facilities interests of increased threat possibilities of alert against possible terrorist attacks. from sabotage or terrorist acts or to vessels and facilities and a higher risk MARAD more recently issued Advisory incidents. These requirements apply to of terrorist attack to the transportation 03–01 informing operators of maritime commercial and fishing vessels community in the United States. interests of increased threat possibilities operating within the boundaries of the Further, the heightened security posture to vessels and facilities and a higher risk Regulated Navigation Area defined in 33 of the country and U.S. maritime of terrorist attack to the transportation CFR 165.1704. The Regulated interests, described below, continues. community in the United States. The Navigation Area is coextensive with the The publication of an NPRM is contrary ongoing hostilities in Afghanistan and VTS Area and consists of the navigable to the public interest insofar as urgent conflict in Iraq have made it prudent for waters of the United States north of a
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line drawn from Cape Hinchinbrook protection in the interests of national concerning its provisions or options for Light to Schooner Rock Light, security. Recreational vessels have been compliance, please contact one of the comprising that portion of Prince exempted in order to limit the burden points of contact listed under FOR William Sound between 146° 30′ W and on the public. However, recreational FURTHER INFORMATION CONTACT. 147° 20′ W and includes Valdez Arm, boaters are still highly encouraged to Small businesses may send comments Valdez Narrows, and Port Valdez. In file float plans. on the actions of Federal employees accordance with 33 CFR 161.19, at least Additionally, these reporting who enforce, or otherwise determine 15 minutes before navigating in a VTS requirements are temporary in nature compliance with, Federal regulations to Area, a vessel must report its name and and vessels and facilities can appeal to the Small Business and Agriculture type, position, destination and ETA, the Captain of the Port for a waiver of Regulatory Enforcement Ombudsman intended route, time and point of entry, the reporting requirements. Any and the Regional Small Business and dangerous cargo on board. In hardships experienced by persons or Regulatory Fairness Boards. The accordance with 33 CFR 161.20, vessels vessels are outweighed by the national Ombudsman evaluates these actions underway in the VTS Area must report interest in protecting the public, vessels, annually and rates each agency’s their name and position upon entry, at and vessel crews from the devastating responsiveness to small business. If you designated reporting points, and upon consequences of acts of terrorism, and wish to comments on actions by direction from the Coast Guard Vessel from sabotage or other subversive acts, employees of the Coast Guard, call 1– Traffic Service. The designated accidents, or other causes of a similar 888–REG–FAIR (1–888–734–3247). reporting points for VTS Prince William nature. Collection of Information Sound are set forth in 33 CFR Table Small Entities 161.60(d) and in the VTS Prince William This rule calls for no new collection Sound User’s Manual. We will issue Under the Regulatory Flexibility Act of information under the Paperwork Broadcast Notices to Mariners to further (5 U.S.C. 601–612), we have considered Reduction Act of 1995 (44 U.S.C. 3501– publicize the reporting requirements whether this rule would have a 3520). and any revisions to requirements. This significant economic impact on a regulation is issued under authority substantial number of small entities. Federalism contained in 33 U.S.C. 1226 and 50 The term ‘‘small entities’’ comprises A rule has implications for federalism U.S.C. 191. small businesses, not-for-profit under Executive Order 13132, This rule temporarily requires all organizations that are independently Federalism, if it has a substantial direct commercial and fishing vessels to owned and operated and are not effect on State or local governments and participate in the Vessel Movement dominant in their fields, and would either preempt State law or Reporting System. However, the COTP governmental jurisdictions with impose a substantial direct cost of may, in his/her discretion grant waivers populations of less than 50,000. compliance on them. We have analyzed or exemptions to this rule, either on a The Coast Guard certifies under 5 this rule under that Order and have case by case basis or categorically to a U.S.C. 605(b) that this rule will not have determined that it does not have particular class of vessel or facility that a significant economic impact on a implications for federalism. otherwise is subject to adequate control substantial number of small entities. measures. Vessels may be granted This rule will affect the following Unfunded Mandates Reform Act exemptions from the reporting entities, some of which may be small The Unfunded Mandates Reform Act requirements when, in the opinion of entities: the owners or operators of of 1995 (2 U.S.C. 1531–1538) requires the Captain of the Port, position commercial and fishing vessels Federal agencies to assess the effects of reporting would impede safe navigation intending to operate or transit in the their discretionary regulatory actions. In of a vessel or would disclose sensitive Prince William Sound Regulated particular, the Act addresses actions information which requires protection Navigation Area. This rule will not have that may result in the expenditure by a in the interests of national security. a significant economic impact on a State, local, or tribal government, in the substantial number of small entities for Regulatory Evaluation aggregate, or by the private sector of the following reasons: The short $100,000,000 or more in any one year. This rule is not a ‘‘significant duration of the temporary rule does not Though this rule will not result in such regulatory action’’ under section 3(f) of coincide with major fishing openers in expenditure, we do discuss the effects of Executive Order 12866, Regulatory the Prince William Sound; further, a this rule elsewhere in this preamble. Planning and Review, and does not vessel’s ability to transit the Prince require an assessment of potential costs William Sound will not be significantly Taking of Private Property and benefits under section 6(a)(3) of that impaired by the reporting requirements; This rule will not affect a taking of Order. The Office of Management and finally, vessels with compelling private property or otherwise have Budget has not reviewed it under that interests that outweigh the port’s taking implications under Executive Order. It is not ‘‘significant’’ under the security needs may be granted waivers Order 12630, Governmental Actions and regulatory policies and procedures of from the reporting requirements. Interference with Constitutionally the Department of Homeland Security. Protected Property Rights. These operational restrictions are Assistance for Small Entities tailored to provide the minimal Under subsection 213(a) of the Small Civil Justice Reform interruption of vessel operations Business Regulatory Enforcement This rule meets applicable standards necessary to provide immediate, Fairness Act of 1996 (Pub. L. 104–121), in sections 3(a) and 3(b)(2) of Executive improved security for the public, the Coast Guard wants to assist small Order 12988, Civil Justice Reform, to vessels, and the port of Valdez. Vessels entities in understanding this final rule minimize litigation, eliminate may be exempted from the reporting so that they can better evaluate its ambiguity, and reduce burden. requirements when, in the opinion of effects on them and participate in the the Captain of the Port, reporting would rulemaking. If your small business or Protection of Children impede safe navigation of a vessel or organization would be affected by this We have analyzed this rule under disclose information which requires final rule and you have questions Executive Order 13045, Protection of
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Children from Environmental Health Department of Homeland Security Delegation DEPARTMENT OF EDUCATION Risks and Safety Risks. This rule is not No. 0170. an economically significant rule and 34 CFR Parts 674, 682, and 685 does not create an environmental risk to ■ 2. From April 3 through May 18, 2003, health or risk to safety that may in § 165.1704, add temporary paragraphs Federal Student Aid Programs (Federal disproportionately affect children. (d), (e), (f) and (g) to read as follows: Perkins Loan Program, Federal Direct Loan Program, Federal Family Indian Tribal Governments § 165.1704 Prince William Sound, Alaska— Education Loan Program) regulated navigation area. This rule does not have tribal ACTION: Notice of waivers and implications under Executive Order * * * * * modifications of statutory and 13175, Consultation and Coordination (d) In addition to the requirements set regulatory provisions. with Indian Tribal Governments, forth in § 161.13 and § 161.60(c) of this because it does not have a substantial chapter, all vessels, regardless of length, SUMMARY: The Secretary of Education direct effect on one or more Indian engaged in commercial service and all announces waivers and modifications of tribes, on the relationship between the fishing vessels navigating or intending statutory and regulatory provisions that Federal government and Indian tribes, to navigate in the Prince William Sound are appropriate to assist students and or on the distribution of power and VTS Area must participate in the Vessel borrowers under the Federal Perkins responsibilities between the Federal Movement Reporting System as defined Loan Program, Federal Direct Loan government and Indian tribes. in 33 CFR part 161, subpart B and must Program, and Federal Family Education Energy Effects make the voice reports required by 33 Loan Program who are members of the CFR 161.19, 33 CFR 161.20, and 33 CFR reserve components of the Armed We have analyzed this rule under 161.21.The COTP may waive any of the Forces under Title 10 of the United Executive Order 13211, Actions States Code called or ordered to active Concerning Regulations That requirements of this rule for any person, vessel or class of vessel or waterfront duty for a period of more than 30 days, Significantly Affect Energy Supply, or who are regular active duty members facility upon finding that circumstances Distribution, or Use. We have of the Armed Forces reassigned to a are such that application of the determined that it is not a ‘‘significant different duty station for more than 30 reporting requirements is unnecessary energy action’’ under that order because days as a result of a military it is not a ‘‘significant regulatory action’’ for national or port security, or are mobilization. The Secretary is issuing under Executive Order 12866 and is not contrary to the interests of navigational these waivers and modifications under likely to have a significant adverse effect safety. Reports and requests for waivers the authority of Section 2(a) of the on the supply, distribution, or use of to the COTP required by this section Higher Education Relief Opportunities energy. It has not been designated by the must be made by telephone to (907) for Students Act of 2001, Pub. L. 107– Administrator of the Office of 835–7205 or by radio call on VHF–FM 122. Section 2(b) of Pub. L. 107–122 Information and Regulatory Affairs as a Channel 13 to U.S. COAST GUARD requires the Secretary to publish a significant energy action. Therefore, it VALDEZ TRAFFIC. These numbers are notice in the Federal Register specifying does not require a Statement of Energy operational 24 hours a day, 7 days a the waivers or modifications of statutory Effects under Executive Order 13211. week. or regulatory provisions applicable to Environment (e) The reporting exemptions set forth the student financial aid programs in 33 CFR 161.16 do not apply to this under title IV of the Higher Education We have considered the section and this section is applicable to Act of 1965, as amended (HEA), that the environmental impact of this rule and Secretary believes are appropriate to concluded that under figure 2–1, all sizes and classes of vessels engaged in commercial service and fishing assist affected individuals so that they paragraph 34(g) of Commandant are not placed in a worse position vessels. Instruction M16475.lD, this rule is financially, in relation to their loans, by categorically excluded from further (f) In this section, consistent with 46 their service. Section 2(b)(1) of Pub. L. environmental documentation. A U.S.C. 2101(5), commercial service 107–122 further provides that section ‘‘Categorical Exclusion Determination’’ means any type of trade or business 437 of the General Education Provisions is available in the docket for inspection involving the transportation of goods or Act (20 U.S.C. 1232) and Section 553 of or copying where indicated under individuals, except service performed the Administrative Procedures Act (5 ADDRESSES. by a combatant vessel. U.S.C. 553) do not apply to the contents List of Subjects in 33 CFR Part 165 (g) In this section, consistent with 46 of this notice. U.S.C. 2101(11a), fishing vessel means a Section 2(c) of Pub. L. 107–122 Harbors, Marine safety, Navigation requires the Secretary to provide an (water), Reporting and recordkeeping vessel that commercially engages in the catching, taking, or harvesting of fish or impact report to the Committee on requirements, Security measures, Education and the Workforce of the an activity that can reasonably be Vessels, Waterways. House of Representatives and the expected to result in the catching, Committee on Health, Education, Labor ■ For the reasons discussed in the taking, or harvesting of fish. preamble, the Coast Guard amends 33 and Pensions of the Senate not later CFR part 165 as follows: Dated: April 3, 2003. than 15 months after first exercising any J.W. Underwood, authority to issue a waiver or PART 165—REGULATED NAVIGATION Rear Admiral, USCG, Commander, modification under section 2(a) of Pub. AREAS AND LIMITED ACCESS AREAS Seventeenth Coast Guard District. L. 107–122. The report will describe the [FR Doc. 03–11988 Filed 5–13–03; 8:45 am] impact of any waivers or modifications ■ 1. The authority citation for part 165 issued pursuant to section 2(a) of Pub. BILLING CODE 4910–15–P continues to read as follows: L. 107–122 on affected individuals and Authority: 33 U.S.C. 1231; 50 U.S.C. 191, the programs under title IV of the HEA, 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; and the basis for such determination,
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and will include the Secretary’s cancellation provisions that such standard VA practice by stating that recommendations for changes to the periods of service be uninterrupted and/ recurrent tinnitus will be assigned only statutory or regulatory provisions that or consecutive. Loan holders should not a single 10-percent evaluation whether were the subject of the waivers or consider the time that these borrowers it is perceived in one ear, both ears, or modifications. are on active duty as an interruption in somewhere in the head. EFFECTIVE DATE: May 14, 2003. the required service for the borrower to EFFECTIVE DATE: This amendment is receive a loan cancellation. FOR FURTHER INFORMATION CONTACT: Mr. effective June 13, 2003. George Harris, Senior Program Electronic Access To This Document FOR FURTHER INFORMATION CONTACT: Audrey Tomlinson, Medical Officer, Specialist, Office of Postsecondary You may view this document, as well Education, U.S. Department of Regulations Staff (211A), Compensation as all other Department of Education and Pension Service, Veterans Benefits Education, 1990 K Street, NW, (8th documents published in the Federal Floor) Washington, DC 20006. Administration, Department of Veterans Register, in text or Adobe Portable Affairs, 810 Vermont Ave., NW., Telephone: (202) 502–7521. Document Format (PDF) on the Internet If you use a telecommunications Washington DC 20420, (202) 273–7215. at the following site: http://www.ed.gov/ device for the deaf (TDD), you may call SUPPLEMENTARY INFORMATION: legislation/FedRegister. On the Federal Information Relay Service To use PDF you must have Adobe September 19, 2002, VA published in (FIRS) at 1–800–877–8339. Acrobat Reader, which is available free the Federal Register (67 FR 59033) a Individuals with disabilities may at this site. If you have questions about proposal to amend diagnostic code 6260 obtain this document in an alternative using PDF, call the U.S. Government in 38 CFR 4.87, in order to codify format (e.g., Braille, large print, Printing Office (GPO), toll free, at 1– current standard VA practice audiotape, or computer diskette) on 888–293–6498; or in the Washington, concerning the evaluation of tinnitus. It request to the program contact persons DC, area at (202) 512–1530. states that recurrent tinnitus will be listed under FOR FURTHER INFORMATION You may also view this document in assigned only a single ten-percent CONTACT. PDF at the following site: ifap.ed.gov. evaluation, whether it is perceived in SUPPLEMENTARY INFORMATION: The one ear, both ears, or somewhere in the Note: The official version of this document head. Interested persons were invited to Secretary is waiving or modifying the is the document published in the Federal following provisions of the HEA and Register. Free Internet access to the official submit written comments on or before regulations: edition of the Federal Register and the Code November 18, 2002. We received two of Federal Regulations is available on GPO comments, one from the American Federal Perkins Loan Program Access at: http://www.access.gpo.gov/nara/ Legion and one from a concerned Under 34 CFR 674.33(d)(2) and index.html. individual. section 464(e) of the HEA, there is a 3- One commenter felt that limiting year cumulative limit on the length of (Catalog of Federal Domestic Assistance tinnitus to a single ten-percent Numbers: 84.032 Federal Family Education evaluation is arbitrary and inconsistent forbearances that a Perkins loan Loan Program; 84.038 Federal Perkins Loan borrower can receive. To assist Perkins Program; and 84.268 William D. Ford Federal with other provisions of VA’s Schedule Loan borrowers described in the Direct Loan Program) for Rating Disabilities that deal with SUMMARY section of this notice, the bilateral disabilities, such as those Secretary is waiving these statutory and Program Authority: 20 U.S.C. 1071, 1087a, providing separate evaluations for each regulatory requirements so that any 1087aa. ear with hearing impairment. The same forbearance based on a borrower’s Dated: May 8, 2003. commenter felt that the proposed rule military service is excluded from this 3- Sally L. Stroup, document offered no substantive year cumulative limit. Assistant Secretary, Office of Postsecondary rationale for maintaining the current assignment of a single evaluation for Federal Family Education Loan (FFEL) Education. [FR Doc. 03–11982 Filed 5–13–03; 8:45 am] tinnitus, regardless of whether it is Program, Federal Direct Loan Program, perceived in one or both ears. and Federal Perkins Loan Program BILLING CODE 4000–01–P We disagree. VA’s Audiology and Depending on the loan program, Speech Pathology Service recently borrowers may qualify for loan wrote a booklet titled Hearing cancellation if they are employed full- DEPARTMENT OF VETERANS Impairment, an Independent Study time in specified occupations, such as AFFAIRS Course for health care providers. The teachers, childcare providers, or law 38 CFR Part 4 section on tinnitus states that the fact enforcement officers, pursuant to that most tinnitus appears to be coming sections 428J(b)(1), 428K(d)(1), RIN 2900–AK86 from the ear led to a belief that tinnitus 460(b)(1), and 465(a)(2)(A)-(I) and (a)(3) was generated in the inner ear, but this of the HEA, 34 CFR 674.53(d), Schedule for Rating Disabilities: is not the case. It further states that 674.55(a)(2), 674.55(b)(5), 674.55(c)(2), Evaluation of Tinnitus damage in the inner ear may be a 674.56(d)(1), 674.57(b)(1), 674.58(b), AGENCY: Department of Veterans Affairs. precursor for subjective tinnitus, but 674.60(b), 34 CFR 682.215(d)(1), and 34 ACTION: Final rule. that subjective tinnitus is generated CFR 685.217(d)(1). Generally, borrowers within the central auditory pathways. must perform uninterrupted, otherwise SUMMARY: This document amends the Comparing tinnitus, a central nervous qualifying service for a specified length Department of Veterans Affairs (VA) condition, to hearing loss, a disability of time (for example, one year) or for Schedule for Rating Disabilities to state from damage to an organ of special consecutive periods of time, such as 5 more explicitly the method of sense (the ear) is not a valid consecutive years, to be eligible for loan evaluation of tinnitus under diagnostic comparison. We have made no change cancellation. For all borrowers code 6260 in the portion of the rating in response to this comment. Because described in the SUMMARY section of this schedule that addresses evaluation of over 200,000 veterans are currently notice, the Secretary is waiving the disabilities of the ear. The intended rated for tinnitus under diagnostic code requirements in the various loan effect of this action is to codify current 6260 under Diseases of the Ear, for
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administrative efficiency, and because Executive Order 12866 perceived in one ear, both ears, or in the head. many are accustomed to looking in that This regulatory amendment has been section of the rating schedule, the reviewed by the Office of Management Note (3): Do not evaluate objective tinnitus current placement of tinnitus within the and Budget under the provisions of (in which the sound is audible to other rating schedule will remain unchanged. Executive Order 12866, Regulatory people and has a definable cause that may or The SUPPLEMENTARY INFORMATION Planning and Review, dated September may not be pathologic) under this diagnostic section of the proposed regulatory 30, 1993. code, but evaluate it as part of any amendment explained that tinnitus is a underlying condition causing it. single disability arising in the brain and Unfunded Mandates (Authority: 38 U.S.C. 1155). that it consists of the perception of The Unfunded Mandates Reform Act [FR Doc. 03–12038 Filed 5–13–03; 8:45 am] sound in the absence of an external requires, at 2 U.S.C. 1532, that agencies BILLING CODE 8320–01–P stimulus. This definition applies prepare an assessment of anticipated whether the tinnitus is perceived in one costs and benefits before developing any ear, both ears, or somewhere undefined rule that may result in an expenditure in the head. The commenter provided by State, local, or tribal governments, in ENVIRONMENTAL PROTECTION no information that would refute this the aggregate, or by the private sector of AGENCY medical explanation. The degree of $100 million or more in any given year. 40 CFR Part 89 disability, that is, the degree to which This rule would have no consequential tinnitus impairs the veteran’s earning effect on State, local, or tribal [AMS–FRL–7498–2] capacity, is the same regardless of how governments. the tinnitus is perceived. To rate each Control of Emissions From New ear separately for this single disability Catalog of Federal Domestic Assistance Nonroad Diesel Engines: Amendments would violate the prohibition on Numbers to the Nonroad Engine Definition: pyramiding, 38 CFR 4.14. Similarly, to The Catalog of Federal Domestic Withdrawal of Direct Final Rule rate each ear separately would be a Assistance program numbers are 64.104 AGENCY: Environmental Protection violation of the principle of 38 CFR and 64.109. Agency (EPA). 4.25(b) that a ‘‘single disease entity’’ is List of Subjects in 38 CFR Part 4 ACTION: to be given a single rating. A single Withdrawal of direct final rule. evaluation for a single disability is Disability benefits, Individuals with SUMMARY: Due to receipt of adverse appropriate. We have made no change disabilities, Pensions, Veterans. comments, EPA is withdrawing based on this comment. Approved: April 14, 2003. amendments that were included in the A second commenter suggested that Anthony J. Principi, direct final rule published on April 11, we adopt measurable time and duration Secretary of Veterans Affairs. 2003 (68 FR 17741), amending the standards for the term ‘‘recurrent.’’ ■ For the reasons set out in the preamble, definition of nonroad engines to also Because a substantive change to define 38 CFR part 4, subpart B, is amended as include all engines certified as part of a the term ‘‘recurrent’’ is beyond the set forth below: nonroad engine family if used in scope of this rulemaking, we have made agricultural applications in the State of no change based on this comment. PART 4—SCHEDULE FOR RATING California. Because this amendment is VA appreciates the comments DISABILITIES being withdrawn, the existing definition submitted in response to the proposed regarding nonroad engines remains in rule. Based on the rationale stated in the Subpart B—Disability Ratings effect. We will address the adverse comments in a subsequent final action proposed rule and in this document, the ■ 1. The authority citation for part 4 based on the parallel proposal proposed rule is adopted without continues to read as follows: change. published on April 11, 2003 (68 FR Authority: 38 U.S.C. 1155, unless 17763). Paperwork Reduction Act otherwise noted. DATES: The following provision of the This document contains no provisions ■ 2. In § 4.87, diagnostic code 6260 is direct final rule published at 68 FR constituting a collection of information revised to read as follows: 17741 (April 11, 2003) is withdrawn as of May 14, 2003: under the Paperwork Reduction Act (44 § 4.87 Schedule of ratings—ear. U.S.C. 3501–3521). (1) The revision to 40 CFR 89.2, definition of ‘‘Nonroad engine’’, Regulatory Flexibility Act DISEASES OF THE EAR paragraph (1)(iv). The Secretary hereby certifies that Rating ADDRESSES: All comments and materials this regulatory amendment will not relevant to today’s action are contained have a significant economic impact on in Public Docket No. OAR–2003–0046 at a substantial number of small entities as ***** the following address: U.S. they are defined in the Regulatory Environmental Protection Agency Flexibility Act (RFA), 5 U.S.C. 601–612. 6260 Tinnitus, recurrent ...... 10 (EPA), EPA Docket Center (EPA/DC), The reason for this certification is that Air and Radiation Docket, Mail Code this amendment would not directly Note (1): A separate evaluation for tinnitus 6102T, 1200 Pennsylvania Avenue, affect any small entities. Only VA may be combined with an evaluation under NW., Washington, DC 20460. beneficiaries could be directly affected. diagnostic codes 6100, 6200, 6204, or other Docket: Materials relevant to this Therefore, pursuant to 5 U.S.C. 605(b), diagnostic code, except when tinnitus rulemaking are contained in Public supports an evaluation under one of those this amendment is exempt from the diagnostic codes. Docket Number OAR–2003–0046 at the initial and final regulatory flexibility following address: EPA Docket Center analysis requirements of sections 603 Note (2): Assign only a single evaluation (EPA/DC), Public Reading Room, Room and 604. for recurrent tinnitus, whether the sound is B102, EPA West Building, 1301
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Constitution Avenue, NW., Washington e][1,3,4]oxadiazine- 4a(3H)-carboxylate] for readers regarding entities likely to be DC. The EPA Docket Center Public + its R-enantiomer [(R)-methyl 7-chloro- affected by this action. Other types of Reading Room is open from 8:30 a.m. to 2,5-dihydro-2- [[(methoxycarbonyl) [4- entities not listed in this unit could also 4:30 p.m., Monday through Friday, (trifluoromethoxy)phenyl] be affected. The North American except on government holidays. You amino]carbonyl]indeno[1,2-e] Industrial Classification System can reach the Reading Room by [1,3,4]oxadiazine-4a (3H)-carboxylate in (NAICS) codes have been provided to telephone at (202) 566–1742, and by or on peaches. This action is in response assist you and others in determining facsimile at (202) 566–1741. The to university extension specialists, whether this action might apply to telephone number for the Air Docket is DuPont, and EPA’s combined efforts to certain entities. If you have any (202) 566–1742. You may be charged a generate the information necessary for questions regarding the applicability of reasonable fee for photocopying docket registration of the reduced risk this action to a particular entity, consult materials, as provided in 40 CFR part 2. pesticide, Indoxacarb, on peaches for the person listed under FOR FURTHER FOR FURTHER INFORMATION CONTACT: control of oriental fruit moth and plum INFORMATION CONTACT. Robert Larson, U.S. EPA, National cuculio. This temporary tolerance Vehicle and Fuel Emissions Laboratory, supports a non-crop destruct B. How Can I Get Copies of this Transportation and Regional Programs experimental use permit (EUP) under Document and Other Related Division, 2000 Traverwood Drive, Ann section 5 of the Federal Insecticide, Information? Arbor, MI 48105; telephone (734) 214– Fungicide, and Rodenticide Act (FIFRA) authorizing use of Indoxacarb on 1. Docket. EPA has established an 4277, fax (734) 214–4956, e-mail official public docket for this action [email protected]. peaches in Georgia, Michigan, New Jersey, Pennsylvania, South Carolina, under docket identification (ID) number SUPPLEMENTARY INFORMATION: We stated and West Virginia. This regulation OPP–2003–0173. The official public in the direct final rule published at 68 establishes a maximum permissible docket consists of the documents FR 17741 (April 11, 2003) that if we level for residues of Indoxacarb in this specifically referenced in this action, received adverse comment on the food commodity pursuant to section any public comments received, and amendment, by May 12, 2003, we would 408(e) of Federal Food Drug and other information related to this action. publish a timely withdrawal in the Cosmetic Act (FFDCA), as amended by Although a part of the official docket, Federal Register. We have received the Food Quality Protection Act of 1996 the public docket does not include adverse comments on the amendments (FQPA). The tolerance will expire on Confidential Business Information (CBI) to 40 CFR 89.2. May 15, 2006. or other information whose disclosure is As a result of the adverse comments DATES: This regulation is effective May restricted by statute. The official public received, we are withdrawing the 14, 2003. Objections and requests for docket is the collection of materials that amendment to § 89.2. We intend to hearings, identified by docket ID is available for public viewing at the consider the issues raised by the number OPP–2003–0173, must be Public Information and Records comments in a final action based on the received on or before July 14, 2003. Integrity Branch (PIRIB), Rm. 119, concurrent notice of proposed ADDRESSES: Written objections and Crystal Mall #2, 1921 Jefferson Davis rulemaking (68 FR 17763). hearing requests may be submitted Hwy., Arlington, VA. This docket List of Subjects in 40 CFR Part 89 electronically, by mail, or through hand facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal Environmental protection, delivery/courier. Follow the detailed instructions as provided in Unit VI. of holidays. The docket telephone number Administrative practice and procedure, is (703) 305–5805. Motor vehicle pollution. the SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Rita 2. Electronic access. You may access Jeffrey R. Holmstead, Kumar, Registration Division (7505C), this Federal Register document Assistant Administrator for Office of Air and Office of Pesticide Programs, electronically through the EPA Internet Radiation. Environmental Protection Agency, 1200 under the ‘‘Federal Register’’ listings at [FR Doc. 03–12021 Filed 5–13–03; 8:45 am] Pennsylvania Ave., NW., Washington, http://www.epa.gov/fedrgstr/. A BILLING CODE 6560–50–P DC 20460–0001; telephone number: frequently updated electronic version of (703) 308–8291; e-mail address: 40 CFR part 180 is available at http:// [email protected]. www.access.gpo.gov/nara/cfr/ ENVIRONMENTAL PROTECTION cfrhtml_00/Title_40/40cfr180_00.html, a SUPPLEMENTARY INFORMATION: AGENCY beta site currently under development. I. General Information 40 CFR Part 180 An electronic version of the public A. Does this Action Apply to Me? docket is available through EPA’s [OPP–2003–0173; FRL–7307–6] You may be potentially affected by electronic public docket and comment this action if you are an agricultural system, EPA Dockets. You may use EPA Indoxacarb; Time-Limited Pesticide Dockets at http://www.epa.gov/edocket/ Tolerance producer, food manufacturer, or pesticide manufacturer. Potentially to submit or view public comments, AGENCY: Environmental Protection affected entities may include, but are access the index listing of the contents Agency (EPA). not limited to: of the official public docket, and to ACTION: Final rule. • Crop production (NAICS code 111) access those documents in the public • Animal production (NAICS code docket that are available electronically. SUMMARY: This regulation establishes a 112) Although not all docket materials may time-limited tolerance for residues/ • Food manufacturing (NAICS code be available electronically, you may still combined residues of Indoxacarb, (S)- 311) access any of the publicly available methyl 7-chloro-2,5-dihydro-2- • Pesticide manufacturing (NAICS docket materials through the docket [[(methoxycarbonyl) [4- 32532) facility identified in Unit I.B.1. Once in (trifluoromethoxy) phenyl] amino] This listing is not intended to be the system, select ‘‘search,’’ then key in carbonyl] indeno[1,2- exhaustive, but rather provides a guide the appropriate docket ID number.
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II. Background and Statutory Findings no harm will result to infants and B. Exposure Assessment In the Federal Register of April 16, children from aggregate exposure to the pesticide chemical residue. * * *’’ 1. Dietary exposure from food and 2003 (68 FR 18582) (FRL–7302–3), EPA feed uses. Tolerances have been issued a proposed rule pursuant to EPA performs a number of analyses to established (40 CFR 180.564) for the section 408 of the FFDCA, 21 U.S.C. determine the risks from aggregate combined residues of Indoxacarb, in or 346a, as amended by the FQPA (Public exposure to pesticide residues. For on a variety of raw agricultural Law 104–170), EPA, in cooperation with further discussion of the regulatory commodities. Including tolerances university extension specialists, and requirements of section 408 of the already established for: Apple at 1.0 DuPont Pont Crop Protection, pursuant FFDCA and a complete description of ppm, apple, wet pomace at 3.0 ppm, to sections 408(e) and (r) of FFDCA, the risk assessment process, see the final brassica, head and stem, subgroup at 5.0 proposed to establish a tolerance for rule on Bifenthrin Pesticide Tolerances ppm, cattle, goat, horse, sheep, and hog combined residues of the reduced risk (62 FR 62961, November 26, 1997) fat at 0.75 ppm, cattle, goat, horse, pesticide, Indoxacarb in or on peaches. (FRL–5754–7). sheep, and hog meat at 0.03 ppm, cattle, This temporary tolerance supports a III. Aggregate Risk Assessment and goat, horse, sheep, and hog meat non-crop destruct EUP under section 5 Determination of Safety byproducts at 0.02 ppm, corn, sweet, of FIFRA authorizing use of Indoxacarb forage at 10 ppm, corn, sweet, kernel on peaches in Georgia, Michigan, New Consistent with section 408(b)(2)(D) plus cob with husk removed at 0.02 Jersey, Pennsylvania, South Carolina, of the FFDCA, EPA has reviewed the ppm, corn, sweet stover at 15 ppm, and West Virginia. Section 5 of FIFRA available scientific data and other cotton gin byproducts at 15 ppm, cotton, authorizes EPA to issue an experimental relevant information in support of this undelinted seed at 2.0 ppm, lettuce, use permit for a pesticide. This action. EPA has sufficient data to assess head at 4.0 ppm, lettuce, leaf at 10.0 provision was not amended by FQPA. the hazards of and to make a ppm, milk at 0.10 ppm, and milk, fat at EPA has established regulations determination on aggregate exposure, 3.0 ppm, pear at 0.20 ppm, and governing such experimental use consistent with section 408(b)(2) of the vegetables, fruiting, group at 0.50 ppm. permits in 40 CFR part 172. Section FFDCA, for a tolerance for combined Risk assessments were conducted by 408(r) of FFDCA authorizes EPA to issue residues of Indoxacarb, (S)-methyl 7- EPA to assess dietary exposures from time-limited tolerances for pesticide chloro-2,5-dihydro-2- Indoxacarb in food as follows: residues from FIFRA experimental use [[(methoxycarbonyl) [4- An acute dietary endpoint for females permits. (trifluoromethoxy)phenyl] amino] The proposed rule requested that 40 13 years and older and for the general carbonyl] indeno[1,2-e] population, including infants and CFR 180.564 be amended by [1,3,4]oxadiazine-4a(3H)- carboxylate] + establishing a tolerance for combined children has been identified. The acute its R-enantiomer [(R)-methyl 7-chloro- population adjusted dose (aPAD) for residues of the insecticide, Indoxacarb, 2,5-dihydro-2- [[(methoxycarbonyl)[4- (S)-methyl 7-chloro-2,5- dihydro-2- females is 0.02 milligrams/kilogram/day (trifluoromethoxy)phenyl] amino] (mg/kg/day). The acute dietary endpoint [[(methoxycarbonyl) [4- carbonyl] indeno[1,2-e] (trifluoromethoxy)phenyl] for the general population including [1,3,4]oxadiazine-4a(3H)-carboxylate on infants and children is 0.12 mg/kg/day. amino]carbonyl] indeno[1,2-e] [1,3,4] peaches at 10 ppm. EPA’s assessment of oxadiazine-4a(3H)-carboxylate] + its R- The chronic population adjusted dose exposures and risks associated with (cPAD) for all populations is 0.02 mg/ enantiomer [(R)-methyl 7-chloro-2,5- establishing the tolerance follows. dihydro-2- [[(methoxycarbonyl)[4- kg/day. Indoxacarb has been classified (trifluoromethoxy)phenyl] amino] A. Toxicological Profile as a ‘‘not likely’’ to be carcinogenic to carbonyl]indeno[1,2-e] [1,3,4] humans. It has been determined that the oxadiazine-4a(3H)-carboxylate, in or on EPA has evaluated the available FQPA safety factor could be reduced to peaches at 10.0 parts per million (ppm). toxicity data and considered its validity, 1X for Indoxacarb. There is no The tolerance will expire on May 15, completeness, and reliability as well as indication of quantitative or qualitative 2006. the relationship of the results of the increased susceptibility of rats or rabbits Section 408(b)(2)(A)(i) of the FFDCA studies to human risk. EPA has also to in utero and/or postnatal exposure. allows EPA to establish a tolerance (the considered available information Currently, indoxacarb is not registered legal limit for a pesticide chemical concerning the variability of the for use in residential settings. residue in or on a food) only if EPA sensitivities of major identifiable For the chronic exposure estimates, it determines that the tolerance is ‘‘safe.’’ subgroups of consumers, including was assumed that all commodities had Section 408(b)(2)(A)(ii) of the FFDCA infants and children. The nature of the tolerance level residues and 100% of all defines ‘‘safe’’ to mean that ‘‘there is a toxic effects caused by Indoxacarb are RACs were treated with indoxacarb. reasonable certainty that no harm will discussed in the proposed rule, as well Refined processing factors were used in result from aggregate exposure to the as the no observed adverse effect level the chronic analysis for several pesticide chemical residue, including (NOAEL) and the lowest observed commodities, in place of the Dietary all anticipated dietary exposures and all adverse effect level (LOAEL) from the Exposure Evaluation Model (DEEM) other exposures for which there is toxicity studies reviewed. default processing factors. The Pesticide reliable information.’’ This includes Refer to the April 16, 2003, Federal Root Zone/Exposure Analysis Modeling exposure through drinking water and in Register document (68 FR, 18582) for a System (PRZM/EXAMS) and Screening residential settings, but does not include detailed discussion of the aggregate risk Concentration in Ground Water (SCI- occupational exposure. Section assessments and determination of GROW) models provided the estimated 408(b)(2)(C) of the FFDCA requires EPA safety. EPA relies upon that risk environmental concentrations (EECs) of to give special consideration to assessment and the findings made in the indoxacarb. The EECs for acute exposure of infants and children to the Federal Register document in support exposures are estimated to be 13.7 parts pesticide chemical residue in of this action. Below is a brief summary per billion (ppb) for surface water and establishing a tolerance and to ‘‘ensure of the aggregate risk assessment, 0.02 ppb for ground water. The EECs for that there is a reasonable certainty that including this use on peaches. chronic exposures are estimated to be
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3.7 ppb for surface water and 0.02 ppb section 408(b)(2)(E) of the FFDCA, EPA exposure for any significant for ground water. will issue a data call-in for information subpopulation group and allows the i. Acute exposure. Acute dietary risk relating to ARs to be submitted no later Agency to be reasonably certain that no assessments are performed for a food- than 5 years from the date of issuance regional population is exposed to use pesticide if a toxicological study has of this tolerance. residue levels higher than those indicated the possibility of an effect of Section 408(b)(2)(F) of the FFDCA estimated by the Agency. Other than the concern occurring as a result of a 1–day states that the Agency may use data on data available through national food or single exposure. The DEEM analysis the actual percent of food treated for consumption surveys, EPA does not evaluated the individual food assessing chronic dietary risk only if the have available information on the consumption as reported by Agency can make the following regional consumption of food to which respondents in the USDA 1989––1992 findings: Condition 1, that the data used Indoxacarb may be applied in a nationwide Continuing Surveys of Food are reliable and provide a valid basis to particular area. Intake by Individuals (CSFII) and show what percentage of the food 2. Dietary exposure from drinking accumulated exposure to the chemical derived from such crop is likely to water. The Agency lacks sufficient for each commodity. The following contain such pesticide residue; monitoring exposure data to complete a assumptions were made for the acute Condition 2, that the exposure estimate comprehensive dietary exposure exposure assessments: An acute Tier II does not underestimate exposure for any analysis and risk assessment for (partially refined analysis) dietary significant subpopulation group; and Indoxacarb in drinking water. Because assessment was performed with use of Condition 3, if data are available on the Agency does not have anticipated residues (ARs) from field pesticide use and food consumption in comprehensive monitoring data, trial data, processing factors (where a particular area, the exposure estimate drinking water concentration estimates applicable), assumed 100% crop treated does not understate exposure for the are made by reliance on simulation or (CT) for all crops other than peaches, population in such area. In addition, the modeling taking into account data on and 1% CT for the peach EUP (300 Agency must provide for periodic the physical characteristics of acres). ARs for meat, milk, poultry, and evaluation of any estimates used. To Indoxacarb. eggs (MMPE) raw agricultural provide for the periodic evaluation of The Agency uses the Generic commodities (RACs) were calculated the estimate of percent crop treated Estimated Environmental Concentration also. (PCT) as required by section 408(b)(2)(F) (GENEEC) or the PRZM/EXAMS to ii. Chronic exposure. In conducting of the FFDCA, EPA may require estimate pesticide concentrations in this chronic dietary risk assessment the registrants to submit data on PCT. surface water and SCI-GROW, which DEEM analysis evaluated the Dietary exposure estimates were predicts pesticide concentrations in individual food consumption as based on 1% PCT for peaches. This PCT ground water. In general, EPA will use reported by respondents in the USDA of 1% was based on the fact that the 2– GENEEC (a Tier I model) before using 1989––1992 nationwide CSFII and year experimental use permit was PRZM/EXAMS (a Tier II model) for a accumulated exposure to the chemical issued for only 300 acres of peaches to screening-level assessment for surface for each commodity. The following be treated annually, which amounts to water. The GENEEC model is a subset of assumptions were made for the chronic 0.2% of the total peach acreage in the the PRZM/EXAMS model that uses a exposure assessments: Chronic exposure United States. The reason for using 1% specific high-end runoff scenario for estimates are expressed in mg/kg body instead of 0.2% is to allow for any pesticides. GENEEC incorporates a farm weight (bw)/day and as a percent of the uncertainties in the residue evaluation. pond scenario, while PRZM/EXAMS cPAD. The chronic dietary assessment Before making this tolerance permanent, incorporate an index reservoir assumed tolerance level residues, reevaluation of dietary exposure will be environment in place of the previous DEEM default processing factors, performed using all available pond scenario. The PRZM/EXAMS assumed 100% CT for all crops other information. Other commodities were model includes a percent crop area than peaches, and 1% CT for the peach assumed to be 100% treated. factor as an adjustment to account for EUP (300 acres) (Tier I). The Agency believes that the three the maximum percent crop coverage iii. Cancer. There is no evidence for conditions previously discussed have within a watershed or drainage basin. mutagenicity and there is no evidence of been met. With respect to Condition 1, None of these models include carcinogenicity in either the rat or EPA finds that the PCT information consideration of the impact processing mouse. Indoxacarb has been classified described 1% for Indoxacarb used on (mixing, dilution, or treatment) of raw as ‘‘not likely to be carcinogenic in peaches is reliable and has a valid basis. water for distribution as drinking water humans’’ by the Agency; therefore, no A 2–year EUP has been issued for this would likely have on the removal of carcinogenic dietary risk analysis was use, which will allow for use of pesticides from the source water. The performed. Indoxacarb on 300 acres of peaches in primary use of these models by the Section 408(b)(2)(E) of the FFDCA some eastern states. Before the use can Agency at this stage is to provide a authorizes EPA to use available data and be expanded for treatment of greater coarse screen for sorting out pesticides information on the anticipated residue than 300 acres per year, permission for which it is highly unlikely that levels of pesticide residues in food and from the Agency must be obtained. As drinking water concentrations would the actual levels of pesticide chemicals to Conditions 2 and 3, regional ever exceed human health levels of that have been measured in food. If EPA consumption information and concern. relies on such information, EPA must consumption information for significant Since the models used are considered require that data be provided 5 years subpopulations is taken into account to be screening tools in the risk after the tolerance is established, through EPA’s computer-based model assessment process, the Agency does modified, or left in effect, demonstrating for evaluating the exposure of not use EECs from these models to that the levels in food are not above the significant subpopulations including quantify drinking water exposure and levels anticipated. Following the initial several regional groups. Use of this risk as a %RfD or %PAD. Instead data submission, EPA is authorized to consumption information in EPA’s risk drinking water levels of comparison require similar data on a time frame it assessment process ensures that EPA’s (DWLOCs) are calculated and used as a deems appropriate. As required by exposure estimate does not understate point of comparison against the model
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estimates of a pesticide’s concentration and postnatal toxicity and the females), no mortality in females at in water. DWLOCs are theoretical upper completeness of the data base on neurotoxic doses, mortality in males; limits on a pesticide’s concentration in toxicity and exposure unless EPA • Clinical signs of neurotoxicity in drinking water in light of total aggregate determines that a different margin of the 18 month carcinogenicity study- exposure to a pesticide in food, and safety will be safe for infants and mouse with JW062 (males and females) from residential uses. Since DWLOCs children. Margins of safety are high and mid dose, mortality at the high address total aggregate exposure to incorporated into EPA risk assessments but no mortality at the mid dose; and Indoxacarb they are further discussed in either directly through use of a MOE • Clinical signs of neurotoxicity in the aggregate risk sections below. analysis or through using uncertainty the developmental toxicity study-rat Based on the PRZM/EXAMS and SCI- (safety) factors in calculating a dose with JW062 (using methyl cellulose as GROW models the estimated EECs of level that poses no appreciable risk to the vehicle), at doses causing mortality. Indoxacarb for acute exposures are humans. 3. Conclusion. The Agency concluded estimated to be 13.7 parts per billion 2. Prenatal and postnatal sensitivity. that the FQPA safety factor could be (ppb) for surface water and 0.02 ppb for reducecd to 1X for Indoxacarb because: There is no evidence for either • ground water. The EECs for chronic qualitative or quantitative susceptibility. There is no indication of exposures are estimated to be 3.7 ppb In all developmental studies, the quantitative or qualitative increased for surface water and 0.02 ppb for developmental endpoint occurs at the susceptibility of rats or rabbits to in ground water. utero and/or postnatal exposure; maternal LOAEL or above. Although • 3. From non-dietary exposure. The there is no rabbit developmental toxicity The requirement of a term ‘‘residential exposure’’ is used in study with indoxacarb, a study is not developmental neurotoxicity study is this document to refer to non- required since: not based on the criteria reflecting occupational, non-dietary exposure i. Studies-both using methyl special concern for the developing (e.g., for lawn and garden pest control, cellulose-comparing JW062 in the rabbit fetuses or young which are generally indoor pest control, termiticides, and and rat demonstrate that the toxicity used for requiring a DNT study—and a flea and tick control on pets). profiles for the rat and rabbit are similar safety factor (e.g.: neuropathy in adult Indoxacarb is not registered for use on and that the rat is the more sensitive animals; CNS malformations following any sites that would result in residential species; prenatal exposure; brain weight or exposure. sexual maturation changes in offspring; ii. Range finding studies in the rat 4. Cumulative exposure to substances and/or functional changes in comparing indoxacarb and JW062 with a common mechanism of toxicity. offspring)—and therefore does not indicate that the maternal and external Section 408(b)(2)(D)(v) of the FFDCA warrant an FQPA safety factor; and developmental toxicity are comparable; requires that, when considering whether • The dietary (food and drinking to establish, modify, or revoke a iii. A dietary developmental toxicity water) exposure assessments will not tolerance, the Agency consider study in the rat with JW062 had underestimate the potential exposures ‘‘available information’’ concerning the comparable toxicity to the gavage for infants and children cumulative effects of a particular indoxacarb rat developmental toxicity • There are no registered residential pesticide’s residues and ‘‘other study. Developmental toxicity only uses at the current time. substances that have a common occurred at levels at or above maternal D. Aggregate Risks and Determination of mechanism of toxicity.’’ toxicity. Safety EPA does not have, at this time, The reproduction toxicity study with available data to determine whether JW062 can be used to satisfy the To estimate total aggregate exposure Indoxacarb has a common mechanism requirement for an indoxacarb study to a pesticide from food, drinking water, of toxicity with other substances or how because: and residential uses, the Agency to include this pesticide in a cumulative iv. Systemic toxicity is at similar calculates DWLOCs which are used as a risk assessment. Unlike other pesticides doses and of similar magnitude to that point of comparison against the model for which EPA has followed a observed in subchronic feeding studies estimates of a pesticide’s concentration cumulative risk approach based on a with both indoxacarb and JW062; in water (EECs). DWLOC values are not common mechanism of toxicity, v. based on the data base, the HIARC regulatory standards for drinking water. Indoxacarb does not appear to produce determined that there was support for DWLOCs are theoretical upper limits on a toxic metabolite produced by other using data from dietary studies a pesticide’s concentration in drinking substances. For the purposes of this conducted with JW062 to satisfy the water in light of total aggregate exposure tolerance action, therefore, EPA has not data requirements for indoxacarb. to a pesticide in food and residential assumed that Indoxacarb has a common The Agency has required a uses. In calculating a DWLOC, the mechanism of toxicity with other developmental neurotoxicity study as Agency determines how much of the substances. For information regarding confirmatory data due to: acceptable exposure (i.e., the PAD) is • EPA’s efforts to determine which Clinical signs of neurotoxicity in available for exposure through drinking chemicals have a common mechanism several studies, males and females, mice water (e.g., allowable chronic water of toxicity and to evaluate the and rats, at some doses that do not cause exposure (mg/kg/day) = cPAD - (average cumulative effects of such chemicals, mortality; food + residential exposure)). This see the final rule for Bifenthrin Pesticide • Signs of neurotoxicity in the acute allowable exposure through drinking Tolerances (62 FR 62961, November 26, neurotoxicity study-rat with indoxacarb water is used to calculate a DWLOC. 1997) (FRL–5754–7). (males and females), no mortality in A DWLOC will vary depending on the males at neurotoxic doses; toxic endpoint, drinking water C. Safety Factor for Infants and Children • Clinical signs of neurotoxicity in consumption, and body weights. Default 1. In general. Section 408 of the the 90-day toxicity study-rat indoxacarb body weights and consumption values FFDCA provides that EPA shall apply (females), mortality; as used by EPAs Office of Water are an additional tenfold margin of safety • Clinical signs of neurotoxicity in used to calculate DWLOCs: 2 liter (L)/ for infants and children in the case of the 90-day toxicity study-mouse with 70 kg (adult male), 2L/60 kg (adult threshold effects to account for prenatal the racemic mixture, JW062 (males and female), and 1L/10 kg (child). Default
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body weights and drinking water considered along with other sources of acute exposure, the acute dietary consumption values vary on an exposure for which EPA has reliable exposure from food to Indoxacarb will individual basis. This variation will be data) would not result in unacceptable occupy 12% of the aPAD for the U.S. taken into account in more refined levels of aggregate human health risk at population, 64% of the aPAD for screening-level and quantitative this time. Because EPA considers the females 13 years and older, 67% of the drinking water exposure assessments. aggregate risk resulting from multiple aPAD for infants less than 1 year old Different populations will have different exposure pathways associated with a and 79% of the aPAD for children 1 to DWLOCs. Generally, a DWLOC is pesticide’s uses, levels of comparison in 2 years old. In addition, there is calculated for each type of risk drinking water may vary as those uses potential for acute dietary exposure to assessment used: acute, short-term, change. If new uses are added in the Indoxacarb in drinking water. After intermediate-term, chronic, and cancer. future, EPA will reassess the potential calculating DWLOCs and comparing When EECs for surface water and impacts of residues of the pesticide in them to the EECs for surface and ground ground water are less than the drinking water as a part of the aggregate water, EPA does not expect the calculated DWLOCs, EPA concludes risk assessment process. aggregate exposure to exceed 100% of with reasonable certainty that exposures 1. Acute risk. Using the exposure the aPAD, as shown in Table 1 of this to the pesticide in drinking water (when assumptions discussed in this unit for Unit:
TABLE 1.—AGGREGATE RISK ASSESSMENT FOR ACUTE EXPOSURE TO INDOXACARB
Surface Ground Acute Population Subgroup aPAD (mg/ % aPAD Water EEC Water EEC DWLOC kg) (Food) (ppb) (ppb) (ppb)
U.S. Population ...... 0.12 12 13.7 0.02 3,700 Females 13+ ...... 0.12 64 13.7 0.02 218 All infants less than 1 year ...... 0.12 67 13.7 0.02 400 Children 1 to 2 ...... 0.12 79 13.7 0.02 760
2. Chronic risk. Using the exposure There are no residential uses for water. After calculating DWLOCs and assumptions described in this unit for Indoxacarb that result in chronic comparing them to the EECs for surface chronic exposure, EPA has concluded residential exposure to Indoxacarb. and ground water, EPA does not expect that exposure to Indoxacarb from food Based on the use pattern, chronic the aggregate exposure to exceed 100% will utilize 30% of the cPAD for the residential exposure to residues of of the cPAD, as shown in Table 2 of this U.S. population, 29% of the cPAD for Indoxacarb is not expected. In addition, unit: infants less than 1 year and 79% of the there is potential for chronic dietary cPAD for children 1 to 2 years old. exposure to Indoxacarb in drinking
TABLE 2.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO INDOXACARB
Surface Ground Chronic Population Subgroup cPAD mg/ % cPAD Water EEC Water EEC DWLOC kg/day (Food) (ppb) (ppb) (ppb)
U.S. Population ...... 0.02 30 3.7 0.02 490 All infants less than 1 year old ...... 0.02 29 3.7 0.02 65 Children 1 to 2 ...... 0.02 79 3.7 0.02 30
3. Short-term risk. Short-term do not exceed the Agency’s level of IV. Other Considerations aggregate exposure takes into account concern. A. Analytical Enforcement Methodology residential exposure plus chronic 5. Aggregate cancer risk for U.S. exposure to food and water (considered population. There is no evidence for Adequate enforcement methodology to be a background exposure level). mutagenicity and there is no evidence of (high performance liquid Indoxacarb is not registered for use on carcinogenicity in either rat or mouse. chromatography HPLC/UV Method any sites that would result in residential AMR 2712–93) is available to enforce Indoxacarb has been classified as ‘‘not exposure. Therefore, the aggregate risk the tolerance expression. The method likely to be carcinogenic in humans’’ by is the sum of the risk from food and may be requested from: Calvin Furlow, water, which do not exceed the the Agency; therefore Indoxacarb is is PIRIB, IRSD (7502C), Office of Pesticide Agency’s level of concern. not expected to pose carcinogenic risk Programs, Environmental Protection 4. Intermediate-term risk. when used as directed. Agency, 1200 Pennsylvania Avenue., Intermediate-term aggregate exposure 6. Determination of safety. Based on NW, Washington D.C. 20460; Telephone takes into account residential exposure these risk assessments, EPA concludes Number: (703) 305–5229; e-mail plus chronic exposure to food and water that there is a reasonable certainty that address: [email protected]. (considered to be a background no harm will result to the general B. International Residue Limits exposure level). Indoxacarb is not population, and to infants and children registered for use on any sites that from aggregate exposure to Indoxacarb There are no established or proposed would result in residential exposure. residues. Codex, Canadian, or Mexican maximum Therefore, the aggregate risk is the sum residue limits (MRLs) for residues of of the risk from food and water, which Indoxacarb; therefore, international
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harmonization is not an issue at this CFR 178.27). Information submitted in copies, identified by docket ID number time. connection with an objection or hearing OPP–2003–0173, to: Public Information request may be claimed confidential by and Records Integrity Branch, V. Conclusion marking any part or all of that Information Resources and Services Therefore, the time-limited tolerance information as CBI. Information so Division (7502C), Office of Pesticide is established for combined residues of marked will not be disclosed except in Programs, Environmental Protection Indoxacarb, (S)-methyl 7-chloro-2,5- accordance with procedures set forth in Agency, 1200 Pennsylvania Ave., NW., dihydro-2- [[(methoxycarbonyl) [4- 40 CFR part 2. A copy of the Washington, DC 20460–0001. In person (trifluoromethoxy)phenyl] information that does not contain CBI or by courier, bring a copy to the amino]carbonyl] indeno[1,2- must be submitted for inclusion in the location of the PIRIB described in Unit e][1,3,4]oxadiazine-4a(3H)- carboxylate] public record. Information not marked I.B.1. You may also send an electronic + its R-enantiomer [(R)-methyl 7-chloro- confidential may be disclosed publicly copy of your request via e-mail to: opp- 2,5-dihydro-2- [[(methoxycarbonyl)[4- by EPA without prior notice. [email protected]. Please use an ASCII (trifluoromethoxy)phenyl] Mail your written request to: Office of file format and avoid the use of special amino]carbonyl]indeno[1,2- the Hearing Clerk (1900C), characters and any form of encryption. e][1,3,4]oxadiazine-4a(3H)- carboxylate, Environmental Protection Agency, 1200 Copies of electronic objections and in or on peaches at 10 ppm. This Pennsylvania Ave., NW., Washington, hearing requests will also be accepted tolerance will expire and is revoked on DC 20460–0001. You may also deliver on disks in WordPerfect 6.1/8.0 or May 15, 2006. your request to the Office of the Hearing ASCII file format. Do not include any VI. Objections and Hearing Requests Clerk in Rm.104, Crystal Mall #2, 1921 CBI in your electronic copy. You may Jefferson Davis Hwy., Arlington, VA. also submit an electronic copy of your Under section 408(g) of the FFDCA, as The Office of the Hearing Clerk is open request at many Federal Depository amended by the FQPA, any person may from 8 a.m. to 4 p.m., Monday through Libraries. file an objection to any aspect of this Friday, excluding legal holidays. The regulation and may also request a telephone number for the Office of the B. When Will the Agency Grant a hearing on those objections. The EPA Hearing Clerk is (703) 603–0061. Request for a Hearing? procedural regulations which govern the 2. Tolerance fee payment. If you file A request for a hearing will be granted submission of objections and requests an objection or request a hearing, you if the Administrator determines that the for hearings appear in 40 CFR part 178. must also pay the fee prescribed by 40 material submitted shows the following: Although the procedures in those CFR 180.33(i) or request a waiver of that There is a genuine and substantial issue regulations require some modification to fee pursuant to 40 CFR 180.33(m). You of fact; there is a reasonable possibility reflect the amendments made to the must mail the fee to: EPA Headquarters that available evidence identified by the FFDCA by the FQPA, EPA will continue Accounting Operations Branch, Office requestor would, if established resolve to use those procedures, with of Pesticide Programs, P.O. Box one or more of such issues in favor of appropriate adjustments, until the 360277M, Pittsburgh, PA 15251. Please the requestor, taking into account necessary modifications can be made. identify the fee submission by labeling uncontested claims or facts to the The new section 408(g) of the FFDCA it ‘‘Tolerance Petition Fees.’’ contrary; and resolution of the factual provides essentially the same process EPA is authorized to waive any fee issues(s) in the manner sought by the for persons to ‘‘object’’ to a regulation requirement ‘‘when in the judgement of requestor would be adequate to justify for an exemption from the requirement the Administrator such a waiver or the action requested (40 CFR 178.32). refund is equitable and not contrary to of a tolerance issued by EPA under new VII. Statutory and Executive Order the purpose of this subsection.’’ For section 408(d), as was provided in the Reviews old sections 408 and 409 of the FFDCA. additional information regarding the However, the period for filing objections waiver of these fees, you may contact This final rule establishes a tolerance is now 60 days, rather than 30 days. James Tompkins by phone at (703) 305– under section 408(d) of the FFDCA in 5697, by e-mail at response to a petition submitted to the A. What Do I Need to Do to File an [email protected], or by mailing a Agency. The Office of Management and Objection or Request a Hearing? request for information to Mr. Tompkins Budget (OMB) has exempted these types You must file your objection or at Registration Division (7505C), Office of actions from review under Executive request a hearing on this regulation in of Pesticide Programs, Environmental Order 12866, entitled Regulatory accordance with the instructions Protection Agency, 1200 Pennsylvania Planning and Review (58 FR 51735, provided in this unit and in 40 CFR part Ave., NW., Washington, DC 20460– October 4, 1993). Because this rule has 178. To ensure proper receipt by EPA, 0001. been exempted from review under you must identify docket ID number If you would like to request a waiver Executive Order 12866 due to its lack of OPP–2003–0173 in the subject line on of the tolerance objection fees, you must significance, this rule is not subject to the first page of your submission. All mail your request for such a waiver to: Executive Order 13211, Actions requests must be in writing, and must be James Hollins, Information Resources Concerning Regulations That mailed or delivered to the Hearing Clerk and Services Division (7502C), Office of Significantly Affect Energy Supply, on or before July 14, 2003. Pesticide Programs, Environmental Distribution, or Use (66 FR 28355, May 1. Filing the request. Your objection Protection Agency, 1200 Pennsylvania 22, 2001). This final rule does not must specify the specific provisions in Ave., NW., Washington, DC 20460– contain any information collections the regulation that you object to, and the 0001. subject to OMB approval under the grounds for the objections (40 CFR 3. Copies for the Docket. In addition Paperwork Reduction Act (PRA), 44 178.25). If a hearing is requested, the to filing an objection or hearing request U.S.C. 3501 et seq., or impose any objections must include a statement of with the Hearing Clerk as described in enforceable duty or contain any the factual issues(s) on which a hearing Unit VI.A., you should also send a copy unfunded mandate as described under is requested, the requestor’s contentions of your request to the PIRIB for its Title II of the Unfunded Mandates on such issues, and a summary of any inclusion in the official record that is Reform Act of 1995 (UMRA) (Public evidence relied upon by the objector (40 described in Unit I.B.1. Mail your Law 104–4). Nor does it require any
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special considerations under Executive retailers, not States. This action does not States prior to publication of this final Order 12898, entitled Federal Actions to alter the relationships or distribution of rule in the Federal Register. This final Address Environmental Justice in power and responsibilities established rule is not a ‘‘major rule’’ as defined by Minority Populations and Low-Income by Congress in the preemption 5 U.S.C. 804(2). Populations (59 FR 7629, February 16, provisions of section 408(n)(4) of the List of Subjects in 40 CFR Part 180 1994); or OMB review or any Agency FFDCA. For these same reasons, the action under Executive Order 13045, Agency has determined that this rule Environmental protection, entitled Protection of Children from does not have any ‘‘tribal implications’’ Administrative practice and procedure, Environmental Health Risks and Safety as described in Executive Order 13175, Agricultural commodities, Pesticides Risks (62 FR 19885, April 23, 1997). entitled Consultation and Coordination and pests, Reporting and recordkeeping This action does not involve any with Indian Tribal Governments (65 FR requirements. technical standards that would require 67249, November 6, 2000). Executive Dated: April 30, 2003. Agency consideration of voluntary Order 13175, requires EPA to develop Debra Edwards consensus standards pursuant to section an accountable process to ensure Director, Registration Division, Office of 12(d) of the National Technology ‘‘meaningful and timely input by tribal Pesticide Programs. Transfer and Advancement Act of 1995 officials in the development of ■ Therefore, 40 CFR chapter I is (NTTAA), Public Law 104–113, section regulatory policies that have tribal amended as follows: 12(d) (15 U.S.C. 272 note). Since implications.’’ ‘‘Policies that have tribal tolerances and exemptions that are implications’’ is defined in the PART 180—[AMENDED] established on the basis of a petition Executive order to include regulations under section 408(d) of the FFDCA, that have ‘‘substantial direct effects on ■ 1. The authority citation for part 180 such as the tolerance in this final rule, one or more Indian tribes, on the continues to read as follows: do not require the issuance of a relationship between the Federal Authority: 21 U.S.C. 321(q), 346(a) and proposed rule, the requirements of the Government and the Indian tribes, or on 371. Regulatory Flexibility Act (RFA) (5 the distribution of power and ■ 2. Section 180.564 is amended by U.S.C. 601 et seq.) do not apply. In responsibilities between the Federal redesignating the existing text in addition, the Agency has determined Government and Indian tribes.’’ This paragraph (a) following the heading that this action will not have a rule will not have substantial direct ‘‘General’’ as paragraph (a)(1) and by substantial direct effect on States, on the effects on tribal governments, on the adding a new paragraph (a)(2) to read as relationship between the national relationship between the Federal follows: government and the States, or on the Government and Indian tribes, or on the distribution of power and distribution of power and § 180.564 Indoxacarb; tolerances for responsibilities among the various responsibilities between the Federal residues. levels of government, as specified in Government and Indian tribes, as (a)*** Executive Order 13132, entitled specified in Executive Order 13175. (1)*** Federalism (64 FR 43255, August 10, Thus, Executive Order 13175 does not (2) Time-limited tolerances are 1999). Executive Order 13132 requires apply to this rule. established for combined residues of EPA to develop an accountable process VIII. Congressional Review Act Indoxacarb, (S)-methyl 7-chloro-2,5- to ensure ‘‘meaningful and timely input dihydro-2-[[(methoxycarbonyl) [4- by State and local officials in the The Congressional Review Act, 5 (trifluoromethoxy) phenyl] amino] development of regulatory policies that U.S.C. 801 et seq., as added by the Small carbonyl] indeno[1,2- have federalism implications.’’ ‘‘Policies Business Regulatory Enforcement e][1,3,4]oxadiazine-4a(3H)-carboxylate] that have federalism implications’’ is Fairness Act of 1996, generally provides + its R-enantiomer [(R)-methyl 7-chloro- defined in the Executive order to that before a rule may take effect, the 2,5-dihydro-2- [[(methoxycarbonyl)[4- include regulations that have agency promulgating the rule must (trifluoromethoxy) phenyl] amino] ‘‘substantial direct effects on the States, submit a rule report, which includes a carbonyl]indeno[1,2-e] on the relationship between the national copy of the rule, to each House of the [1,3,4]oxadiazine-4a(3H)- carboxylate, in government and the States, or on the Congress and to the Comptroller General connection with use of the pesticide distribution of power and of the United States. EPA will submit a under FIFRA section 5 experimental use responsibilities among the various report containing this rule and other permit granted by EPA. The tolerances levels of government.’’ This final rule required information to the U.S. Senate, are specified in the following table, and directly regulates growers, food the U.S. House of Representatives, and will expire and are revoked on the dates processors, food handlers and food the Comptroller General of the United specified.
Expiration/revoca- Commodity Parts per million tion date
Peach ...... 10 May 15, 2006
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[FR Doc. 03–11758 Filed 5–13–03; 8:45 am] affected by this action. Other types of the system, select ‘‘search,’’ then key in BILLING CODE 6560–50–S entities not listed in this unit could also the appropriate docket ID number. be affected. The North American Industrial Classification System II. Background and Statutory Findings ENVIRONMENTAL PROTECTION (NAICS) codes have been provided to In the Federal Register of March 7, AGENCY assist you and others in determining 2003 (68 FR 11093) (FRL–7289–8), EPA whether this action might apply to 40 CFR Part 180 issued a notice pursuant to section 408 certain entities. If you have any of FFDCA, 21 U.S.C. 346a, as amended questions regarding the applicability of [OPP–2003–0109; FRL–7305–9] by FQPA (Public Law 104–170), this action to a particular entity, consult announcing the filing of pesticide Pyriproxyfen; Pesticide Tolerances the person listed under FOR FURTHER petitions (PP) 2E6416, 2E6425, 2E6428, INFORMATION CONTACT. AGENCY: Environmental Protection and 2E6436) by IR-4, 681 US Highway Agency (EPA). B. How Can I Get Copies of this #1 South, North Brunswick, NJ 08902– ACTION: Final rule. Document and Other Related 3390. That notice included a summary Information? of the petitions prepared by Valent SUMMARY: This regulation establishes a 1. Docket. EPA has established an U.S.A. Corporation, the registrant. There tolerance for residues of pyriproxyfen in official public docket for this action were no comments received in response or on atemoya, biriba, cherimoya, under docket identification (ID) number to the notice of filing. custard apple, ilama, soursop, and sugar OPP–2003–0109. The official public The petition requested that 40 CFR apple at 0.20 parts per million (ppm); docket consists of the documents avocado, black sapote, canistel, mamey 180.510 be amended by establishing specifically referenced in this action, tolerances for residues of the insecticide sapote, mango, papaya, sapodilla and any public comments received, and star apple at 1.0 ppm; okra at 0.02 ppm; pyriproxyfen, 2-[1-methyl-2-(4- other information related to this action. phenoxyphenoxy)ethoxy]pyridine, in or fig at 0.30 ppm; and fig, dried at 1.0 Although a part of the official docket, ppm. The Interregional Research Project on atemoya, biriba, cherimoya, custard the public docket does not include apple, ilama, soursop, and sugar apple Number 4 (IR-4) requested these Confidential Business Information (CBI) at 0.20 ppm (PP 2E6416); avocado, black tolerances under the Federal Food, or other information whose disclosure is sapote, canistel, mamey sapote, mango, Drug, and Cosmetic Act (FFDCA), as restricted by statute. The official public papaya, sapodilla and star apple at 1.0 amended by the Food Quality Protection docket is the collection of materials that Act of 1996 (FQPA). is available for public viewing at the ppm (PP 2E6428); okra at 0.02 ppm (PP DATES: This regulation is effective May Public Information and Records 2E6436); fig at 0.30 ppm (PP 2E6425); 14, 2003. Objections and requests for Integrity Branch (PIRIB), Rm. 119, and fig, dried at 1.0 ppm (2E6425). hearings, identified by docket ID Crystal Mall #2, 1921 Jefferson Davis Section 408(b)(2)(A)(i) of the FFDCA number OPP–2003–0109, must be Hwy., Arlington, VA. This docket allows EPA to establish a tolerance (the received on or before July 14, 2003. facility is open from 8:30 a.m. to 4 p.m., legal limit for a pesticide chemical ADDRESSES: Written objections and Monday through Friday, excluding legal residue in or on a food) only if EPA hearing requests may be submitted holidays. The docket telephone number determines that the tolerance is ‘‘safe.’’ electronically, by mail, or through hand is (703) 305–5805. Section 408(b)(2)(A)(ii) of the FFDCA delivery/courier. Follow the detailed 2. Electronic access. You may access defines ‘‘safe’’ to mean that ‘‘there is a instructions as provided in Unit VI. of this Federal Register document reasonable certainty that no harm will the SUPPLEMENTARY INFORMATION. electronically through the EPA Internet result from aggregate exposure to the under the ‘‘Federal Register’’ listings at FOR FURTHER INFORMATION CONTACT: pesticide chemical residue, including Hoyt Jamerson, Registration Division http://www.epa.gov/fedrgstr/. A all anticipated dietary exposures and all (7505C), Office of Pesticide Programs, frequently updated electronic version of other exposures for which there is Environmental Protection Agency, 1200 40 CFR part 180 is available at http:// reliable information.’’ This includes Pennsylvania Ave., NW.,Washington, www.access.gpo.gov/nara/cfr/ exposure through drinking water and in cfrhtml_00/Title_40/40cfr180_00.html, a DC 20460–0001; telephone number: residential settings, but does not include beta site currently under development. (703) 308–9368; e-mail address: occupational exposure. Section To access the OPPTS Harmonized [email protected]. 408(b)(2)(C) of the FFDCA requires EPA Guidelines referenced in this document, SUPPLEMENTARY INFORMATION: to give special consideration to go directly to the guidelines at http:// exposure of infants and children to the www.epa.gov/opptsfrs/home/ I. General Information pesticide chemical residue in guidelin.htm. establishing a tolerance and to ‘‘ensure A. Does this Action Apply to Me? An electronic version of the public docket is available through EPA’s that there is a reasonable certainty that You may be potentially affected by no harm will result to infants and this action if you are an agricultural electronic public docket and comment system, EPA Dockets. You may use EPA children from aggregate exposure to the producer, food manufacturer, or pesticide chemical residue. . . .’’ pesticide manufacturer. Potentially Dockets at http://www.epa.gov/edocket/ affected entities may include, but are to submit or view public comments, EPA performs a number of analyses to not limited to: access the index listing of the contents determine the risks from aggregate • Crop production (NAICS 111) of the official public docket, and to exposure to pesticide residues. For • Animal Production (NAICS 112) access those documents in the public further discussion of the regulatory • Food manufacturing (NAICS 311) docket that are available electronically. requirements of section 408 of the • Pesticide manufacturing (NAICS Although not all docket materials may FFDCA and a complete description of 32532) be available electronically, you may still the risk assessment process, see the final This listing is not intended to be access any of the publicly available rule on Bifenthrin Pesticide Tolerances exhaustive, but rather provides a guide docket materials through the docket (62 FR 62961, November 26, 1997) for readers regarding entities likely to be facility identified in Unit I.B.1. Once in (FRL–5754–7).
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III. Aggregate Risk Assessment and dose (acute RfD or chronic RfD) where indicated the possibility of an effect of Determination of Safety the RfD is equal to the NOAEL divided concern occurring as a result of a one Consistent with section 408(b)(2)(D) by the appropriate UF (RfD = NOAEL/ day or single exposure. An acute dietary of the FFDCA, EPA has reviewed the UF). Where an additional safety factor exposure analysis was not conducted available scientific data and other (SF) is retained due to concerns unique since no acute doses or toxicological to the FQPA, this additional factor is endpoints were selected for the general relevant information in support of this applied to the RfD by dividing the RfD U.S. population (including infants and action. EPA has sufficient data to assess by such additional factor. The acute or children) or the females 13–50 years old the hazards of and to make a chronic Population Adjusted Dose population subgroup. determination on aggregate exposure, (aPAD or cPAD) is a modification of the ii. Chronic exposure. In conducting consistent with section 408(b)(2) of the RfD to accommodate this type of FQPA this chronic dietary risk assessment EPA FFDCA, for tolerances for residues of SF. used the Dietary Exposure Evaluation pyriproxyfen on atemoya, biriba, For non-dietary risk assessments Model software with the Food cherimoya, custard apple, ilama, (other than cancer) the UF is used to Commodity Intake Database (DEEM- soursop, and sugar apple at 0.20 ppm determine the LOC. For example, when FCID) which incorporates food (PP 2E6416); avocado, black sapote, 100 is the appropriate UF (10X to consumption data as reported by canistel, mamey sapote, mango, papaya, account for interspecies differences and respondents in the USDA 1994–1996 sapodilla and star apple at 1.0 ppm (PP 10X for intraspecies differences) the and 1998 nationwide Continuing 2E6428); okra at 0.02 ppm (PP 2E6436); LOC is 100. To estimate risk, a ratio of Surveys of Food Intake by Individuals fig at 0.30 ppm (PP 2E6425); and fig, the NOAEL to exposures (margin of (CSFII) and accumulated exposure to dried at 1.0 ppm (2E6425). EPA’s exposure (MOE) = NOAEL/exposure) is the chemical for each commodity. The assessment of exposures and risks calculated and compared to the LOC. following assumptions were made for associated with establishing the The linear default risk methodology the chronic exposure assessments: The tolerances follows. (Q*) is the primary method currently chronic dietary exposure assessment A. Toxicological Profile used by the Agency to quantify was performed using published and carcinogenic risk. The Q* approach proposed tolerance levels, DEEM EPA has evaluated the available assumes that any amount of exposure default processing factors, and 100% toxicity data and considered its validity, will lead to some degree of cancer risk. crop treated (PCT) assumptions for all completeness, and reliability as well as A Q* is calculated and used to estimate commodities. Some of the crops the relationship of the results of the risk which represents a probability of (atemoya, custard apple, ilama, birba, studies to human risk. EPA has also occurrence of additional cancer cases sapodilla, black and white sapote, star considered available information (e.g., risk is expressed as 1 x 10–6 or one apple, and ugli fruit) considered in this concerning the variability of the in a million). Under certain specific risk assessment are not included in the sensitivities of major identifiable circumstances, MOE calculations will present version of DEEM-FCID due to subgroups of consumers, including be used for the carcinogenic risk their low consumption. In these cases, infants and children. The no observed assessment. In this non-linear approach, the DEEM-FCID program adverse effect level (NOAEL) and the a ‘‘point of departure’’ is identified underestimates the exposure to lowest observed adverse effect level below which carcinogenic effects are pyriproxyfen residues from these crops; (LOAEL) from the toxicity studies not expected. The point of departure is however, because the consumption reviewed as well as the nature of the typically a NOAEL based on an levels of these crops is so low (on a toxic effects caused by pyriproxyfen are endpoint related to cancer effects national basis), inclusion of these crops discussed in Unit III.A. of the Federal though it may be a different value in a future version of DEEM-FCID Registers of June 5, 2001 (66 FR 30065) derived from the dose response curve. would likely make no difference in the (FRL–6782–5), August 28, 2002 (67 FR To estimate risk, a ratio of the point of overall predicted exposures to 55150) (FRL–7195–7), and March 7, departure to exposure (MOEcancer = point pyriproxyfen residues. 2003 (68 FR 10972) (FRL–7289–6). of departure/exposures) is calculated. A iii. Cancer. Pyriproxyfen was B. Toxicological Endpoints summary of the toxicological endpoints classified by the EPA (June, 1995) as a for pyriproxyfen used for human risk ‘‘Group E’’ chemical - no evidence of The dose at which the NOAEL from assessment is shown in Unit III.B. of the carcinogenicity to humans based on the the toxicology study identified as Federal Register of March 7, 2003 (68 absence of carcinogenicity in mice and appropriate for use in risk assessment is FR 10972). rats. used to estimate the toxicological level 2. Dietary exposure from drinking of concern (LOC). However, the LOAEL C. Exposure Assessment water. The Agency lacks sufficient is sometimes used for risk assessment if 1. Dietary exposure from food and monitoring exposure data to complete a no NOAEL was achieved in the feed uses. Tolerances have been comprehensive dietary exposure toxicology study selected. An established (40 CFR 180.510) for the analysis and risk assessment for uncertainty factor (UF) is applied to residues of pyriproxyfen, in or on a pyriproxyfen in drinking water. Because reflect uncertainties inherent in the variety of raw agricultural commodities. the Agency does not have extrapolation from laboratory animal There are no significant livestock feed comprehensive monitoring data, data to humans and in the variations in items associated this action, thus the drinking water concentration estimates sensitivity among members of the proposed uses will not result in the are made by reliance on simulation or human population as well as other transfer of additional pyriproxyfen modeling taking into account data on unknowns. An UF of 100 is routinely residues to livestock. Risk assessments the physical characteristics of used, 10X to account for interspecies were conducted by EPA to assess pyriproxyfen. differences and 10X for intraspecies dietary exposures from pyriproxyfen in The Agency uses the FQPA Index differences. food as follows: Reservoir Screening Tool (FIRST) or the For dietary risk assessment (other i. Acute exposure. Acute dietary risk Pesticide Root Zone Model/Exposure than cancer) the Agency uses the UF to assessments are performed for a food- Analysis Modeling System (PRZM/ calculate an acute or chronic reference use pesticide if a toxicological study has EXAMS), to produce estimates of
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pesticide concentrations in an index environment and pet treatments) as well small, sand colored granules. For reservoir. The screening concentration as products for ant and roach control pyriproxyfen, EPA did not select an in ground water (SCI-GROW) model is (indoor and outdoor applications). acute dietary endpoint, since an used to predict pesticide concentrations Formulations include carpet powders, appropriate endpoint could not be in shallow ground water. For a foggers, aerosol sprays, liquids attributed to a single oral dose; screening-level assessment for surface (shampoos, sprays, and pipettes), therefore, no granular assessment was water EPA will use FIRST (a Tier I granules, bait (indoor and outdoor), and performed. model) before using PRZM/EXAMS (a impregnated materials (pet collars). Exposure and risk estimates from Tier II model). The FIRST model is a The risk assessment was conducted post-application exposure to indoor subset of the PRZM/EXAMS model that using the following residential exposure crack and crevice treatments are not uses a specific high-end runoff scenario assumptions: There is a potential for presented in this assessment as indoor for pesticides. FIRST and PRZM/ short-term dermal and inhalation broadcast treatments (i.e., carpet EXAMS incorporate an index reservoir exposures to pet owners and powders and sprays) are anticipated to environment, and a percent crop area homeowners who apply products have a higher exposure potential. factor as an adjustment to account for containing pyriproxyfen (handlers); Additionally, the Agency acknowledges the maximum percent crop coverage however, EPA did not identify any that pet owners could retreat the home within a watershed or drainage basin. short-term dermal or inhalation environment and/or the pet near the end Since the models used are considered endpoints. Because no short-term of the efficacy period identified on the to be screening tools in the risk dermal or inhalation endpoints could be product labels. However, there are no assessment process, the Agency does identified, EPA expects no short-term chemical-specific residue data for not use estimated environmental dermal or inhalation risks from pyriproxyfen to determine the concentrations (EECs) from these exposure to pyriproxyfen. There is also dissipation rate of residues or whether models to quantify drinking water a potential for non-dietary oral residues may be additive upon exposure and risk as a percent reference exposures (hand-to-mouth exposures) retreatment. Therefore, a Tier I dose (%RfD) or percent population and dermal exposure following assessment was performed based on Day adjusted dose (%PAD). Instead drinking applications around the home and on 0 residues without accounting for daily water levels of comparison (DWLOCs) pets for flea and tick control (carpet residue dissipation. EPA anticipates that are calculated and used as a point of powder and pet shampoo). Short- and this assessment is protective as comparison against the model estimates intermediate-term non-dietary oral and pyriproxyfen residues would be of a pesticide’s concentration in water. long-term dermal exposure assessments expected to dissipate from Day 0 residue DWLOCs are theoretical upper limits on were included for toddlers since EPA values. a pesticide’s concentration in drinking selected toxicology endpoints for these 4. Cumulative exposure to substances water in light of total aggregate exposure exposures and toddlers are expected to with a common mechanism of toxicity. to a pesticide in food, and from have higher exposures than adults from Section 408(b)(2)(D)(v) of the FFDCA residential uses. Since DWLOCs address treated home environments and pets requires that, when considering whether total aggregate exposure to pyriproxyfen due to their behavior patterns. Although to establish, modify, or revoke a they are further discussed in the EPA did not select a long-term non- tolerance, the Agency consider aggregate risk sections in Unit III.E. dietary oral endpoint for pyriproxyfen, ‘‘available information’’ concerning the EPA determined that the residue of EPA used the chronic endpoint for the cumulative effects of a particular concern in water is pyriproxyfen per se. chronic (long-term) aggregate risk pesticide’s residues and ‘‘other Drinking water estimates include assessment. substances that have a common surface water EECs based on the linked Toddlers could potentially be exposed mechanism of toxicity.’’ PRZM/EXAMS models and the SCI- to pyriproxyfen residues on treated EPA does not have, at this time, GROW regression model, which was carpets, floors, furniture, and pets as available data to determine whether developed from studies with different follows: (i). Hand-to-Mouth: Short-, [pyriproxyfen] has a common hydrology and study conditions. Both intermediate, and long-term hand-to- mechanism of toxicity with other models assumed a maximum seasonal mouth exposures by toddlers from substances. Unlike other pesticides for application rate of 0.11 lb active treated carpets, flooring (the efficacy of which EPA has followed a cumulative ingredient per acre, applied 3 times per carpet powders is approximately 365 risk approach based on a common year. (The registered use for citrus). days); (ii). Hand-to-mouth: Short- and mechanism of toxicity, EPA has not Based on the PRZM/EXAMS and SCI- intermediate-term hand-to-mouth made a common mechanism of toxicity GROW models the EECs of pyriproxyfen exposures by toddlers from petting finding as to pyriproxyfen and any other for acute exposures are estimated to be treated animals (shampoos, sprays, spot- substances and pyriproxyfen does not 2.15 parts per billion (ppb) for surface on treatments and collars). Long-term appear to produce a toxic metabolite water and 0.006 ppb for ground water. hand-to-mouth exposures by toddlers produced by other substances. For the The EECs for chronic exposures are from petting treated animals (pet collars; purposes of this tolerance action, estimated to be 0.40 ppb for surface efficacy of pet collars up to 395 days); therefore, EPA has not assumed that water and 0.006 ppb for ground water. (iii). Dermal: Long-term dermal pyriproxyfen has a common mechanism 3. From non-dietary exposure. The exposures from treated carpets, flooring, of toxicity with other substances. For term ‘‘residential exposure’’ is used in and pets. (iv). Ingestion of granules or information regarding EPA’s efforts to this document to refer to non- bait by toddlers (acute, episodic event): determine which chemicals have a occupational, non-dietary exposure For the granular ingestion scenario, the common mechanism of toxicity and to (e.g., for lawn and garden pest control, Agency believes that if a toddler were to evaluate the cumulative effects of such indoor pest control, termiticides, and be exposed to a pellet/granular chemicals, see the policy statements flea and tick control on pets). formulation (i.e., ant bait), the event is released by EPA’s Office of Pesticide Pyriproxyfen is currently registered most likely to be ‘‘episodic,’’ that is, a Programs concerning common for use on the following residential non- one time occurrence and not likely to be mechanism determinations and dietary sites: Residential sites for flea repeated. It is not likely that a toddler procedures for cumulating effects from and tick control products (home would repeatedly locate and ingest very substances found to have a common
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mechanism on EPA’s website at http:// pyriproxyfen prior to and in the early exposure for which EPA has reliable www.epa.gov/pesticides/cumulative/. stages of pregnancy, no developmental data) would not result in unacceptable toxicity was seen at the limit dose. levels of aggregate human health risk at D. Safety Factor for Infants and Lastly, in the reproduction toxicity this time. Because EPA considers the Children study, offspring toxicity (decreased aggregate risk resulting from multiple 1. In general. Section 408 of the body weight on pups during lactation exposure pathways associated with a FFDCA provides that EPA shall apply days 14 to 21) occurred only in the pesticide’s uses, levels of comparison in an additional tenfold margin of safety presence of decreases in body weight in drinking water may vary as those uses for infants and children in the case of parental animals at the same dose level change. If new uses are added in the threshold effects to account for prenatal (i.e., comparable toxicity in adults and future, EPA will reassess the potential and postnatal toxicity and the offspring). impacts of residues of the pesticide in completeness of the data base on E. Aggregate Risks and Determination of drinking water as a part of the aggregate toxicity and exposure unless EPA risk assessment process. determines that a different margin of Safety 1. Acute risk. An acute dietary RfD for safety will be safe for infants and To estimate total aggregate exposure females 13–50 and the general U.S. children. Margins of safety are to a pesticide from food, drinking water, population, including infants and incorporated into EPA risk assessments and residential uses, the Agency children, was not selected because an either directly through use of a MOE calculates DWLOCs which are used as a acute oral endpoint attributable to a analysis or through using uncertainty point of comparison against the model single-dose exposure could not be (safety) factors in calculating a dose estimates of a pesticide’s concentration identified; therefore, acute dietary risk level that poses no appreciable risk to in water (EECs). DWLOC values are not is not expected. humans. regulatory standards for drinking water. 2. Prenatal and postnatal sensitivity. DWLOCs are theoretical upper limits on 2. Chronic aggregate risk. Using the Based on the available data, there is no a pesticide’s concentration in drinking exposure assumptions described in this quantitative and qualitative evidence of water in light of total aggregate exposure unit for chronic (long-term) exposure, increased susceptibility observed to a pesticide in food and residential EPA has concluded that exposure to following in utero pyriproxyfen uses. In calculating a DWLOC, the pyriproxyfen from food will utilize exposure to rats and rabbits or following Agency determines how much of the 1.1% of the cPAD for the U.S. pre/post natal exposure in the 2- acceptable exposure (i.e., the PAD) is population, 2% of the cPAD for all generation reproduction study. available for exposure through drinking infants, less than 1 year old and 3.9% 3. Conclusion. There is a complete water (e.g., allowable chronic water of the cPAD for children 1 to 2 years toxicity data base for pyriproxyfen and exposure milligrams/kilogram/day (mg/ old, the subpopulation at greatest exposure data are complete or are kg/day) = cPAD ¥ (average food + exposure. Pyriproxyfen is an active estimated based on data that reasonably residential exposure)). This allowable ingredient in pesticide products accounts for potential exposures. EPA exposure through drinking water is used registered for residential use. Based on determined that the 10X safety factor to to calculate a DWLOC. the use patterns, the residential risk protect infants and children should be A DWLOC will vary depending on the assessment was performed for toddlers reduced to 1X because there was no toxic endpoint, drinking water since they are anticipated to have the evidence of prenatal or postnatal extra consumption, and body weights. Default higher chronic residential exposure to sensitivity or increased susceptibility in body weights and consumption values residues of pyriproxyfen. EPA developmental studies in rats and as used by EPAs Office of Water are considered background chronic-dietary rabbits, and in reproduction studies in used to calculate DWLOCs: 2 liter (L)/ exposure (food + water), long-term, rats. Likewise, there was no quantitative 70 kg (adult male), 2L/60 kg (adult residential non-dietary oral exposures or qualitative evidence of increased female), and 1L/10 kg (child). Default (hand-to-mouth exposures by toddlers susceptibility to rat or rabbit fetuses body weights and drinking water following applications around the home identified in the guideline prenatal consumption values vary on an and on pets for flea and tick control- developmental toxicity studies for rats individual basis. This variation will be carpet powder and pet shampoo), and and rabbits. Additionally, in the 2 non- taken into account in more refined long-term dermal exposure to toddlers. guideline studies that evaluated screening-level and quantitative The total chronic food and residential perinatal and prenatal development, drinking water exposure assessments. aggregate MOEs were calculated. As there was no evidence of quantitative or Different populations will have different these MOEs are greater than 100, the qualitative increased susceptibility. In DWLOCs. Generally, a DWLOC is chronic aggregate risk does not exceed 1–study, when pregnant rats were calculated for each type of risk EPA’s level of concern. In addition, treated from gestation day 17 to assessment used: Acute, short-term, there is potential for chronic dietary lactation day 20, the resulting toxicity intermediate-term, chronic, and cancer. exposure to pyriproxyfen in drinking was comparable between adults (clinical When EECs for surface water and water. After calculating DWLOCs and signs, decreased body weight gain and ground water are less than the comparing them to the EECs for surface food consumption) and offspring calculated DWLOCs, EPA concludes and ground water, EPA does not expect (decreased body weight and dilation of with reasonable certainty that exposures the aggregate chronic exposure to the renal pelvis) at the same dose. In the to the pesticide in drinking water (when exceed the Agency’s level of concern, as other study, when rats were exposed to considered along with other sources of shown in Table 1 of this unit:
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TABLE 1.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO PYRIPROXYFEN
Aggregate Aggregate MOE (Food Level of Surface Ground Short-Term Population Subgroup + Concern Water EEC Water EEC DWLOC Residential) (LOC) (ppb) (ppb) (ppb)
U.S. Population ...... 9,200 100 0.4 0.006 12,000 All infants < 1 year ...... 1,000 100 0.4 0.006 3,200 Children 1–2 years ...... 860 100 0.4 0.006 3,100 Children 3–5 years ...... 940 100 0.4 0.006 3,100 Females 13–49 years ...... 13,000 100 0.4 0.006 10,000
3. Short-term aggregate risk. Short- (food + water) and short-term, exceed the Agency’s level of concern for term aggregate exposure takes into residential non-dietary oral exposures aggregate exposure to food and account residential exposure plus (hand-to-mouth exposures by toddlers residential uses. In addition, short-term chronic exposure to food and water following applications around the home DWLOCs were calculated and compared (considered to be a background and on pets for flea and tick control- to the EECs for chronic exposure of exposure level). Pyriproxyfen is carpet powder and pet shampoo). pyriproxyfen in ground water and currently registered for use that could Using the exposure assumptions surface water. After calculating result in short-term residential exposure described in this unit for short-term DWLOCs and comparing them to the exposures, EPA has concluded that food and the Agency has determined that it EECs for surface and ground water, EPA and residential exposures aggregated is appropriate to aggregate chronic food does not expect short-term aggregate result in aggregate MOEs for toddlers and water and short-term exposures for ranging from 1,600 for children 1 to 2 exposure to exceed the Agency’s level of pyriproxyfen. EPA considered years old to 1,800 for children less than concern, as shown in Table 2 of this background chronic-dietary exposure 1 year old. These aggregate MOEs do not unit:
TABLE 2.—AGGREGATE RISK ASSESSMENT FOR SHORT-TERM EXPOSURE TO PYRIPROXYFEN
Aggregate Aggregate MOE (Food Level of Surface Ground Sh ort-Term Population Subgroup + Concern Water EEC Water EEC DWLOC Residential) (LOC) (ppb) (ppb) (ppb)
All infants (<1 year) ...... 1,800 100 0.4 0.006 9,400 Children 1–2 years ...... 1,600 100 0.4 0.006 9,400 Children 3–5 years ...... 1,700 100 0.4 0.006 9,400
4. Intermediate-term aggregate exposure (food + water) and than 1 year old. These aggregate MOEs risk.Intermediate-term aggregate intermediate-term, residential non- do not exceed the Agency’s level of exposure takes into account residential dietary oral exposures (hand-to-mouth concern for aggregate exposure to food exposure plus chronic exposure to food exposures by toddlers following and residential uses. In addition, and water (considered to be a applications around the home and on intermediate-term DWLOCs were background exposure level). pets for flea and tick control-carpet calculated and compared to the EECs for Pyriproxyfen is currently registered powder and pet shampoo). chronic exposure of pyriproxyfen in for use(s) that could result in Using the exposure assumptions ground water and surface water. After intermediate-term residential exposure described in this unit for intermediate- calculating DWLOCs and comparing and the Agency has determined that it term exposures, EPA has concluded that them to the EECs for surface and ground is appropriate to aggregate chronic food food and residential exposures water, EPA does not expect and water and intermediate-term aggregated result in aggregate MOEs for intermediate-term aggregate exposure to exposures for pyriproxyfen. EPA toddlers ranging from 580 for children exceed the Agency’s level of concern, as considered background chronic-dietary 1 to 2 years old to 650 for infants less shown in Table 3 of this Unit:
TABLE 3.—AGGREGATE RISK ASSESSMENT FOR INTERMEDIATE-TERM EXPOSURE TO PYRIPROXYFEN
Inter- Aggregate Aggregate Surface Ground mediate- Population Subgroup MOE (Food Level of Water EEC Water EEC Term + Concern (ppb) (ppb) DWLOC Residential) (LOC) (ppb)
All infants < 1 year ...... 650 100 0.4 0.006 3,000 Children 1–2 years ...... 580 100 0.4 0.006 2,900 Children 3–5 years ...... 620 100 0.4 0.006 2,900
5. Aggregate cancer risk for U.S. carcinogenicity to humans based on female rats and mice. The Agency population. There is no evidence of carcinogenicity studies in male and concludes that pesticidal uses of
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pyriproxyfen are not likely to pose a for filing objections is now 60 days, waiver of these fees, you may contact carcinogenic hazard to humans. rather than 30 days. James Tompkins by phone at (703) 305– 6. Determination of safety. Based on A. What Do I Need to Do to File an 5697, by e-mail at these risk assessments, EPA concludes Objection or Request a Hearing? [email protected], or by mailing a that there is a reasonable certainty that request for information to Mr. Tompkins no harm will result to the general You must file your objection or at Registration Division (7505C), Office population, and to infants and children request a hearing on this regulation in of Pesticide Programs, Environmental from aggregate exposure to pyriproxyfen accordance with the instructions Protection Agency, 1200 Pennsylvania provided in this unit and in 40 CFR part residues. Ave., NW., Washington, DC 20460– 178. To ensure proper receipt by EPA, 0001. IV. Other Considerations you must identify docket ID number If you would like to request a waiver A. Analytical Enforcement Methodology OPP–2003–0109 in the subject line on the first page of your submission. All of the tolerance objection fees, you must Adequate enforcement methodology requests must be in writing, and must be mail your request for such a waiver to: (gas chromotography/nitrogen mailed or delivered to the Hearing Clerk James Hollins, Information Resources phosphorous detector method (RM-33P- on or before July 14, 2003. and Services Division (7502C), Office of 1-3a)) is available to enforce the 1. Filing the request. Your objection Pesticide Programs, Environmental tolerance expression. The method may must specify the specific provisions in Protection Agency, 1200 Pennsylvania be requested from: Chief, Analytical the regulation that you object to, and the Ave., NW., Washington, DC 20460– Chemistry Branch, Environmental grounds for the objections (40 CFR 0001. Science Center, 701 Mapes Rd., Ft. 178.25). If a hearing is requested, the 3. Copies for the Docket. In addition Meade, MD 20755–5350; telephone objections must include a statement of to filing an objection or hearing request number: (410) 305–2905; e-mail address: the factual issues(s) on which a hearing with the Hearing Clerk as described in [email protected]. is requested, the requestor’s contentions Unit VI.A., you should also send a copy B. International Residue Limits on such issues, and a summary of any evidence relied upon by the objector (40 of your request to the PIRIB for its There are no Codex, Canadian, or CFR 178.27). Information submitted in inclusion in the official record that is Mexican maximum residue limits connection with an objection or hearing described in Unit I.B.1. Mail your established for residues of pyriproxyfen request may be claimed confidential by copies, identified by docket ID number in or on the subject food commodities. marking any part or all of that OPP–2003–0109, to: Public Information and Records Integrity Branch, V. Conclusion information as CBI. Information so marked will not be disclosed except in Information Resources and Services Therefore, the tolerance is established accordance with procedures set forth in Division (7502C), Office of Pesticide for residues of pyriproxyfen, [2-[1- 40 CFR part 2. A copy of the Programs, Environmental Protection methyl-2-(4- information that does not contain CBI Agency, 1200 Pennsylvania Ave., NW., phenoxyphenoxy)ethoxy]pyridine], in must be submitted for inclusion in the Washington, DC 20460–0001. In person or on atemoya, biriba, cherimoya, public record. Information not marked or by courier, bring a copy to the custard apple, ilama, soursop, and sugar confidential may be disclosed publicly location of the PIRIB described in Unit apple at 0.20 parts per million (ppm); by EPA without prior notice. I.B.1. You may also send an electronic avocado, black sapote, canistel, mamey Mail your written request to: Office of copy of your request via e-mail to: opp- sapote, mango, papaya, sapodilla and the Hearing Clerk (1900C), [email protected]. Please use an ASCII star apple at 1.0 ppm; okra at 0.02 ppm; Environmental Protection Agency, 1200 file format and avoid the use of special fig at 0.30 ppm; and fig, dried at 1.0 Pennsylvania Ave., NW., Washington, characters and any form of encryption. ppm. DC 20460–0001. You may also deliver Copies of electronic objections and VI. Objections and Hearing Requests your request to the Office of the Hearing hearing requests will also be accepted Clerk in Rm.104, Crystal Mall #2, 1921 on disks in WordPerfect 6.1/8.0 or Under section 408(g) of the FFDCA, as Jefferson Davis Hwy., Arlington, VA. ASCII file format. Do not include any amended by the FQPA, any person may The Office of the Hearing Clerk is open CBI in your electronic copy. You may file an objection to any aspect of this from 8 a.m. to 4 p.m., Monday through also submit an electronic copy of your regulation and may also request a Friday, excluding legal holidays. The request at many Federal Depository hearing on those objections. The EPA telephone number for the Office of the Libraries. procedural regulations which govern the Hearing Clerk is (703) 603–0061. submission of objections and requests 2. Tolerance fee payment. If you file B. When Will the Agency Grant a for hearings appear in 40 CFR part 178. an objection or request a hearing, you Request for a Hearing? Although the procedures in those must also pay the fee prescribed by 40 regulations require some modification to CFR 180.33(i) or request a waiver of that A request for a hearing will be granted reflect the amendments made to the fee pursuant to 40 CFR 180.33(m). You if the Administrator determines that the FFDCA by the FQPA, EPA will continue must mail the fee to: EPA Headquarters material submitted shows the following: to use those procedures, with Accounting Operations Branch, Office There is a genuine and substantial issue appropriate adjustments, until the of Pesticide Programs, P.O. Box of fact; there is a reasonable possibility necessary modifications can be made. 360277M, Pittsburgh, PA 15251. Please that available evidence identified by the The new section 408(g) of the FFDCA identify the fee submission by labeling requestor would, if established resolve provides essentially the same process it ‘‘Tolerance Petition Fees.’’ one or more of such issues in favor of for persons to ‘‘object’’ to a regulation EPA is authorized to waive any fee the requestor, taking into account for an exemption from the requirement requirement ‘‘when in the judgement of uncontested claims or facts to the of a tolerance issued by EPA under new the Administrator such a waiver or contrary; and resolution of the factual section 408(d) of FFDCA, as was refund is equitable and not contrary to issues(s) in the manner sought by the provided in the old sections 408 and the purpose of this subsection.’’ For requestor would be adequate to justify 409 of the FFDCA. However, the period additional information regarding the the action requested (40 CFR 178.32).
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VII. Statutory and Executive Order development of regulatory policies that rule is not a ‘‘major rule’’ as defined by Reviews have federalism implications.’’ ‘‘Policies 5 U.S.C. 804(2). that have federalism implications’’ is This final rule establishes a tolerance List of Subjects in 40 CFR Part 180 under section 408(d) of the FFDCA in defined in the Executive Order to response to a petition submitted to the include regulations that have Environmental protection, Agency. The Office of Management and ‘‘substantial direct effects on the States, Administrative practice and procedure, Budget (OMB) has exempted these types on the relationship between the national Agricultural commodities, Pesticides of actions from review under Executive government and the States, or on the and pests, Reporting and recordkeeping Order 12866, entitled Regulatory distribution of power and requirements. responsibilities among the various Planning and Review (58 FR 51735, Dated: May 6, 2003. October 4, 1993). Because this rule has levels of government.’’ This final rule Debra Edwards, been exempted from review under directly regulates growers, food Executive Order 12866 due to its lack of processors, food handlers and food Director, Registration Division, Office of significance, this rule is not subject to retailers, not States. This action does not Pesticide Programs. Executive Order 13211, Actions alter the relationships or distribution of ■ Therefore, 40 CFR chapter I is Concerning Regulations That power and responsibilities established amended as follows: Significantly Affect Energy Supply, by Congress in the preemption Distribution, or Use (66 FR 28355, May provisions of section 408(n)(4) of the PART 180—[AMENDED] 22, 2001). This final rule does not FFDCA. For these same reasons, the contain any information collections Agency has determined that this rule ■ 1. The authority citation for part 180 subject to OMB approval under the does not have any ‘‘tribal implications’’ continues to read as follows: as described in Executive Order 13175, Paperwork Reduction Act (PRA), 44 Authority: 21 U.S.C. 321(q), 346(a) and entitled Consultation and Coordination U.S.C. 3501 et seq., or impose any 371. enforceable duty or contain any with Indian Tribal Governments (65 FR unfunded mandate as described under 67249, November 6, 2000). Executive ■ 2. Section 180.510 is amended by Title II of the Unfunded Mandates Order 13175, requires EPA to develop alphabetically adding commodities to Reform Act of 1995 (UMRA) (Public an accountable process to ensure the table in paragraph (a) to read as Law 104–4). Nor does it require any ‘‘meaningful and timely input by tribal follows: special considerations under Executive officials in the development of regulatory policies that have tribal § 180.510 Pyriproxyfen: tolerances for Order 12898, entitled Federal Actions to residues. Address Environmental Justice in implications.’’ ‘‘Policies that have tribal Minority Populations and Low-Income implications’’ is defined in the (a)*** Populations (59 FR 7629, February 16, Executive Order to include regulations 1994); or OMB review or any Agency that have ‘‘substantial direct effects on Commodity Parts per million action under Executive Order 13045, one or more Indian tribes, on the relationship between the Federal ***** entitled Protection of Children from Atemoya ...... 0.20 Environmental Health Risks and Safety Government and the Indian tribes, or on the distribution of power and Avocado ...... 1.0 Risks (62 FR 19885, April 23, 1997). Biriba ...... 0.20 responsibilities between the Federal This action does not involve any Black sapote ...... 1.0 technical standards that would require Government and Indian tribes.’’ This ***** Agency consideration of voluntary rule will not have substantial direct Canistel ...... 1.0 consensus standards pursuant to section effects on tribal governments, on the Cherimoya ...... 0.20 12(d) of the National Technology relationship between the Federal ***** Transfer and Advancement Act of 1995 Government and Indian tribes, or on the Custard apple ...... 0.20 (NTTAA), Public Law 104–13, section distribution of power and ***** 12(d) (15 U.S.C. 272 note). Since responsibilities between the Federal Fig ...... 0.30 tolerances and exemptions that are Government and Indian tribes, as Fig, dried ...... 1.0 established on the basis of a petition specified in Executive Order 13175. ***** under section 408(d) of the FFDCA, Thus, Executive Order 13175 does not Ilama ...... 0.20 such as the tolerance in this final rule, apply to this rule. ***** Mamey sapote ...... 1.0 do not require the issuance of a VIII. Congressional Review Act Mango ...... 1.0 proposed rule, the requirements of the ***** Regulatory Flexibility Act (RFA) (5 The Congressional Review Act, 5 Okra ...... 0.02 U.S.C. 601 et seq.) do not apply. In U.S.C. 801 et seq., as added by the Small ***** addition, the Agency has determined Business Regulatory Enforcement Papaya ...... 1.0 that this action will not have a Fairness Act of 1996, generally provides ***** substantial direct effect on States, on the that before a rule may take effect, the Sapodilla ...... 1.0 relationship between the national agency promulgating the rule must ***** government and the States, or on the submit a rule report, which includes a Soursop ...... 0.20 distribution of power and copy of the rule, to each House of the ***** responsibilities among the various Congress and to the Comptroller General Star apple ...... 1.0 levels of government, as specified in of the United States. EPA will submit a ***** Executive Order 13132, entitled report containing this rule and other Sugar apple ...... 0.20 Federalism(64 FR 43255, August 10, required information to the U.S. Senate, ***** 1999). Executive Order 13132 requires the U.S. House of Representatives, and EPA to develop an accountable process the Comptroller General of the United * * * * * to ensure ‘‘meaningful and timely input States prior to publication of this final [FR Doc. 03–12022 Filed 5–13–03; 8:45 am] by State and local officials in the rule in the Federal Register. This final BILLING CODE 6560–50–S
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DEPARTMENT OF HEALTH AND processed under the Freedom of These amendments also modify § 2.6 HUMAN SERVICES Information Act, 5 U.S.C. 552. to delete the reference to the Freedom These amendments are designed to of Information Act regulations, 45 CFR Office of the Secretary address cases in which a Federal court part 5, to reflect the policy that the has jurisdiction to issue a subpoena for Department will certify any disclosed 45 CFR Part 2 DHHS documents. In such cases, the documents upon request, not just those current regulation may infringe on the disclosed pursuant to part 5. Testimony by Employees and the power of the court by allowing greater Public Participation: This rule is Production of Documents in authority to withhold a document under published as a final rule. It is exempt Proceedings Where the United States the FOIA than would be the case under from public comment, pursuant to 5 Is Not a Party the rules governing disclosure of U.S.C. 553(b)(A) as a rule of ‘‘agency documents in court. See FTC versus AGENCY: Department of Health and organization, procedure, or practice.’’ Grolier, Inc., 462 U.S. 19, 27–28 (1983). Human Services. Paperwork Reduction Act: This Because it is not the intention of the regulation is not subject to the ACTION: Final rule. Department to create or broaden a Paperwork Reduction Act because it Federal litigation privilege through this SUMMARY: This rule amends regulations deals solely with internal rules which provide that employees and part, we are amending the regulation to governing Department of Health and former employees of the Department of limit the applicability of the FOIA to Human Services personnel. situations in which the issuing tribunal Health and Human Services may not Cost/Regulatory Analysis: In has no jurisdiction over the Department. provide testimony as part of their accordance with Executive Order 12291, Accordingly, we are amending §§ 2.1, official duties in litigation where the the Secretary has determined that these 2.3, and 2.5 to provide that when the amendments will not constitute a United States or a Federal agency is not Office of the General Counsel a party, without the approval of the ‘‘major’’ rule and therefore are not determines that a subpoena is ‘‘legally subject to the regulatory impact and head of the agency. The purpose of sufficient,’’ including when the issuing these amendments is to modify analysis requirements of the Order. court has jurisdiction over the Major rules are those which impose a provisions which provide that Department or its employee(s), the subpoenas duces tecum and other cost on the economy of $100 million or Department will follow the applicable more a year and have certain other requests for documents from third procedural and substantive rules parties shall be treated as requests for economic impacts. relating to the production of information These amendments will not have a documents under the Freedom of and documents by a non-party. In cases significant impact on small businesses; Information Act (‘‘FOIA’’). Under these of informal requests for documents, and therefore, preparation of a regulatory amendments, the FOIA shall not apply where the tribunal issuing the subpoena flexibility analysis is not required. to a subpoena when the Department is does not have jurisdiction over the subject to the jurisdiction of the issuing Department—such as is the case in most List of Subjects in 45 CFR Part 2 Federal court or other Federal tribunal subpoenas issuing out of State, local and Administrative practice and and the subpoena is properly served. tribal courts, see, e.g., Boron Oil Co. procedure, Freedom of Information, The regulation provides that where versus Downie, 873 F.2d 67, 70 (4th Cir. Government employees. there is no jurisdiction over the 1989); Environmental Enterprises, Inc. ■ Accordingly, for the reasons set forth Department, as in the case of subpoenas versus EPA, 664 F. Supp. 585, 586 in the preamble, 45 CFR part 2 is issuing out of State, local and tribal (D.D.C. 1987); Reynolds Metals Co. amended as follows: courts, the FOIA will apply to such versus Crowther, 572 F. Supp. 288, 290– subpoenas. 91 (D. Mass. 1982)—the regulation PART 2—[AMENDED] provides that we will continue to treat EFFECTIVE DATE: June 13, 2003. ■ the request as a request made pursuant 1. The authority citation continues to FOR FURTHER INFORMATION CONTACT: read as follows: Katherine M. Drews, Associate General to the FOIA. The amendments also include Authority: 5 U.S.C. 301, 5 U.S.C. 552. Counsel, General Law Division, Office examples following the text of § 2.1 ■ of the General Counsel, at (202) 619– 2. Section 2.1 is amended by revising which illustrate the applicability of this 0150. paragraphs (a), (b), (c), (d)(4), (d)(6), and regulation to situations in which the adding Examples (1) through (5) to SUPPLEMENTARY INFORMATION: In 1987, regulation may or may not apply. paragraph (d)(7) to read as follows: the Department of Health and Human The amendments also reflect changes Services published regulations which in the organizational structure in the § 2.1 Scope, purpose, and applicability. addressed the issue of the increasing Department. The references in § 2.2 to (a) This part sets forth rules to be number of requests for the testimony of the Assistant Secretary for Human followed when an employee or former Department employees in litigation Development Services and the Assistant employee of the Department of Health involving only private parties and not Secretary for Family Support are deleted and Human Services (‘‘DHHS’’ or the United States. The regulation and replaced by references to the ‘‘Department’’), other than an employee addresses this matter by generally Assistant Secretary for Children and of the Food and Drug Administration, is prohibiting both voluntary appearances Families as the Agency Head for requested or subpoenaed to provide and compliance with subpoenas for requests involving the Administration testimony in a deposition, trial, or other testimony as part of an employee’s for Children and Families and by the similar proceeding concerning official duties, except where the Assistant Secretary for Aging for information acquired in the course of relevant agency head or his or her requests involving the Administration performing official duties or because of designee determines that the appearance on Aging. In addition, reference to the such person’s official capacity with would promote the objectives of the Commissioner of Social Security is DHHS. This part also sets forth Department. In addition, the regulation deleted, due to the March 31, 1995, procedures for the handling of provides that subpoenas for the independence of the Social Security subpoenas duces tecum and other production of documents would be Administration. requests for any document in the
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possession of DHHS, other than the what she observed. She is subsequently (6) Centers for Disease Control and Food and Drug Administration, and for subpoenaed to testify in a criminal Prevention—Director; the processing of requests for proceeding. The local prosecutor would not (7) Centers for Medicare and Medicaid certification of copies of documents. be required to obtain Agency head approval Services—Administrator; prior to requiring the employee to testify, (8) Health Resources and Services Separate regulations, 21 CFR part 20, because the subject of the testimony does not govern the Food and Drug ‘‘relate to’’ the Department, within the Administration—Administrator; Administration, and those regulations meaning of § 2.1(d)(5). (9) Indian Health Service—Director; are not affected by this part. Example (3): A nurse on duty at an Indian (10) National Institutes of Health— (b) It is the policy of the DHHS to Health Service hospital emergency room Director; provide information, data, and records treats a child who is brought in following a (11) Substance Abuse and Mental to non-federal litigants to the same report of domestic violence. The nurse is Health Services Administration— extent and in the same manner that they subsequently served with a subpoena to Administrator; are made available to the general public testify in a criminal proceeding against one (12) Office of Inspector General— and, when subject to the jurisdiction of of the child’s parents concerning the injuries Inspector General. to the child which he observed. The local Employee includes: a court or other tribunal presiding over prosecutor would be required to obtain non-federal party litigation, to follow all (1) Commissioned officers in the Agency head approval prior to requiring the Public Health Service Commissioned applicable procedural and substantive nurse to testify, because the subject of the rules relating to the production of testimony involves ‘‘information acquired in Corps, as well as regular and special information, data, and records by a non- the course of performing official duties or DHHS employees (except employees of party. The availability of Department because of the person’s official capacity,’’ the Food and Drug Administration), employees to testify in litigation not within the meaning of § 2.1(a). when they are performing the duties of involving federal parties is governed by Example (4): A personnel specialist their regular positions, as well as when the Department’s policy to maintain working for the Department is subpoenaed to they are performing duties in a testify concerning the meaning of entries on strict impartiality with respect to private temporary assignment at DHHS or time and attendance records of an employee, another organization. litigants and to minimize the disruption which the requesting party received from the of official duties. (2) Any employees of health employee pursuant to discovery in a personal insurance intermediaries and carriers (c) This part applies to state, local and injury action brought by the employee. The tribal judicial, administrative, and party requesting the personnel specialist to performing functions under agreements legislative proceedings, and to federal appear would be required to obtain Agency entered into pursuant to sections 1816 judicial and administrative proceedings. head approval prior to compelling the and 1842 of the Social Security Act, 42 (d) This part does not apply to: personnel specialist to testify, because the U.S.C. 1395h, 1395u; and * * * * * testimony sought involves ‘‘information (3) Current and former employees and (4) Employees serving as expert acquired in the course of performing official contractors of entities covered under the duties or because of the person’s official Federally Supported Health Centers witnesses in connection with capacity,’’ within the meaning of § 2.1(a). professional and consultative services as Assistance Act of 1992, as amended, 42 Example (5): A National Institutes of U.S.C § 233 (FSHCAA), provided that approved outside activities in Health physician is subpoenaed in a private accordance with 5 CFR 2635.805 and 5 medical malpractice action to provide expert the requested testimony or information CFR 5501.106. (In cases where testimony in her specialty. The party relates to the performance of medical, employees are providing such outside requesting her testimony would be required surgical, dental or related functions services, they must state for the record to obtain Agency head approval prior to her which were performed at a time when that the testimony represents their own testifying in response to the subpoena, the DHHS deemed the entity to be views and does not necessarily because the expert testimony sought involves covered by the FSHCAA. ‘‘information acquired in the course of Certify means to authenticate under represent the official position of the performing official duties or because of the DHHS.) seal, pursuant to 42 U.S.C 3505, official person’s official capacity,’’ within the documents of the Department. * * * * * meaning of § 2.1(a). Testify and testimony includes both (6) Any matters covered in 21 CFR ■ 3. Section 2.2 is revised to read as in-person, oral statements before a part 20-,involving the Food and Drug follows: court, legislative or administrative body Administration. § 2.2 Definitions. and statements made pursuant to * * * * * depositions, interrogatories, (7) * * * Agency head refers to the head of the declarations, affidavits, or other formal Example (1): While on duty, an employee relevant operating division or other participation. major component of the DHHS, or his or of the Department witnesses an incident in ■ 4. Section 2.3 is revised to read as her delegatee. Agency head for the which a fellow employee trips on a loose follows: piece of carpeting and sustains an injury. The purposes of this part means the injured employee brings a private tort action following officials for the components § 2.3 Policy on Presentation of testimony against the contractor installing the carpeting indicated: and production of documents. and the private landlord maintaining the (1) Office of the Secretary—Assistant building. The employee/witness is served No employee or former employee of with a subpoena to appear at a deposition to Secretary for Administration and the DHHS may provide testimony or testify about the incident. The person seeking Management; produce documents in any proceedings the testimony would not be required to (2) Administration on Aging— to which this part applies concerning obtain Agency head approval prior to Assistant Secretary for Aging; information acquired in the course of requesting the testimony, because the subject (3) Administration for Children and performing official duties or because of of the testimony does not ‘‘relate to’’ the Families—Assistant Secretary for the person’s official relationship with Department, within the meaning of Children and Families; the Department unless authorized by the § 2.1(d)(5). Example (2): While on duty, an employee (4) Agency for Healthcare Research Agency head pursuant to this part based of the Department witnesses a mugging while and Quality—Administrator; on a determination by the Agency head, looking out the window to check the (5) Agency for Toxic Substances and after consultation with the Office of the weather, and then notifies the local police of Disease Registry—Administrator; General Counsel, that compliance with
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the request would promote the jurisdiction, such subpoena shall be over the Internet at http:// objectives of the Department. deemed a request for records under the hraunfoss.fcc.gov/edocs_public/ ■ 5. Section 2.4 is revised to read as Freedom of Information Act and shall be attachmatch/FCC–03–63A1.pdf. The follows: handled pursuant to the rules governing complete text of this document also may public disclosure established in 45 CFR be purchased from the Commission’s § 2.4 Procedures when voluntary part 5. copy contractor, Qualex, Portals II, 445 testimony is requested or when an 12th St., SW., Room CY–B402, employee is subpoenaed. ■ 7. Section 2.6 is revised to read as follows: Washington, DC 20054, telephone (202) (a) All requests for testimony by an 863–2893. employee or former employee of the § 2.6 Certification and authentication of DHHS in his or her official capacity and records. Summary of Order not subject to the exceptions set forth in Upon request, DHHS agencies will 1. On January 30, 2002, the § 2.1(d) of this part must be addressed certify, pursuant to 42 U.S.C. 3505, the Commission released a Notice of to the Agency head in writing and must authenticity of copies of records that are Proposed Rulemaking (67 FR 10656, state the nature of the requested to be disclosed. Fees for copying and March 9, 2002) to review the testimony, why the information sought certification are set forth in 45 CFR 5.43. Commission’s international call-back is unavailable by any other means, and enforcement policy. International call- the reasons why the testimony would be Dated: May 6, 2003. back arrangements allow foreign callers in the interest of the DHHS or the Tommy G. Thompson, to take advantage of low U.S. federal government. Secretary. international services rates, many of (b) If the Agency head denies [FR Doc. 03–11818 Filed 5–13–03; 8:45 am] which are significantly lower than the approval to comply with a subpoena for BILLING CODE 4120–01–P rates available in their home countries. testimony, or if the Agency head has not Specifically, the Commission’s acted by the return date, the employee international call-back policy extends to will be directed to appear at the stated FEDERAL COMMUNICATIONS the uncompleted call signaling time and place, unless advised by the COMMISSION configuration of call-back. Uncompleted Office of the General Counsel that call signaling involves a foreign caller responding to the subpoena would be 47 CFR Ch. I who dials the call-back provider’s inappropriate (in such circumstances as, switch in the United States, waits a [IB Docket No. 02–18, FCC 03–63] for example, an instance where the predetermined number of rings, and subpoena was not validly issued or Enforcement of Other Nations’ hangs up before the switch answers. The served, where the subpoena has been Prohibitions Against the Uncompleted switch then automatically returns the withdrawn, or where discovery has been Call Signaling Configuration of call, and upon completion, provides the stayed), produce a copy of these International Call-back Service caller in the foreign country with a U.S. regulations, and respectfully decline to dialtone. testify or produce any documents on the AGENCY: Federal Communications 2. In a 1994 order, the Commission basis of these regulations. Commission. authorized U.S. carriers to provide call- ■ 6. Section 2.5 is revised to read as ACTION: Policy Statement. back service. The Commission follows: concluded that the provision of call- SUMMARY: This document is a summary back does not violate U.S. law or § 2.5 Subpoenas duces tecum. of the Commission’s decision to international law or regulations. In (a) Whenever a subpoena duces tecum eliminate the comity-based prohibitions 1995, the Commission reconsidered its has been served upon a DHHS employee on call-back and the policy that allowed decision in light of international comity. or former employee commanding the a foreign government or entity to make The Commission adopted a policy production of any record, such person use of the enforcement mechanisms of prohibiting U.S. carriers from offering shall refer the subpoena to the Office of the FCC to enforce foreign government international call-back using the the General Counsel (including regional prohibitions against U.S. carriers from completed call signaling configuration chief counsels) for a determination of offering call0singaling abroad. The FCC to countries where it has been expressly the legal sufficiency of the subpoena, determined that the policy is no longer prohibited. Foreign governments were whether the subpoena was properly necessary in today’s pro-competitive invited to notify the Commission of the served, and whether the issuing court or environment. legality of call-back within their other tribunal has jurisdiction over the territory, and the Commission maintains DATES: Effective March 24, 2003. Department.) If the General Counsel or a public file containing the submitted his designee determines that the FOR FURTHER INFORMATION CONTACT: material from foreign governments. subpoena is legally sufficient, the David Krech, International Bureau, (202) 3. Since adopting its call-back policy subpoena was properly served, and the 418–1460. in 1995, the Commission has taken tribunal has jurisdiction, the terms of SUPPLEMENTARY INFORMATION: This is a significant steps to open the U.S. the subpoena shall be complied with summary of the Commission’s Order international market to competition and unless affirmative action is taken by the (Order), FCC 03–63, adopted on March to enhance consumer benefits on U.S. Department to modify or quash the 24, 2003, and released on March 28, international routes. In this Order, the subpoena in accordance with Fed. R. 2003. The full text of this document is Commission concluded that the policy Civ. P. 45 (c). available for inspection and copying is no longer necessary in today’s pro- (b) If a subpoena duces tecum served during normal business hours in the competitive environment. Thus, the upon a DHHS employee or former Consumer and Government Affairs Commission decided to eliminate its employee commanding the production Bureau’s Reference Information Center, comity-based call-back policy and of any record is determined by the (Room CY–A257) of the Federal discontinue the policy that allows a Office of the General Counsel to be Communications Commission, 445 12th foreign government or entity to make legally insufficient, improperly served, Street, SW., Washington, DC 20554. The use of the enforcement mechanisms of or from a tribunal not having document is also available for download the Commission to prohibit the U.S.
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carriers from offering one form of call- U.S. carriers from offering call-signaling FEDERAL COMMUNICATIONS back abroad. aboard. After careful consideration, the COMMISSION 4. The Commission continues to Commission concluded that eliminating maintain that its policy allowing the the policy will foster competition for 47 CFR Part 1 uncompleted call signaling both small and large entities. [WT Docket No. 02–57; FCC 03–79] configuration of call-back is consistent The Commission does not know the with international law. Repetitious or Conflicting Applications 5. Further, the Commission finds that precise number of small entities that this change to its policy on call-back may be affected by this Order because AGENCY: Federal Communications services is also consistent with the ITU it does not maintain statistical data on Commission. the size and scope of call-back Plenipotentiary 2002 Resolution 21 and ACTION: Final rule. the 1994 Kyoto Declaration. providers. However, the Commission 6. The Commission will continue to believes that most, if not all, of the call- SUMMARY: In this document the Federal maintain a public file to inform call- back providers would not be considered Communications Commission (FCC) back providers about the legality of call- small entities because many of these amends its rules to prohibit the filing of back in foreign nations. Also, the FCC entities are wireline carriers with more any repetitious license application in will continue to maintain its policies than 1500 employees (see NAICS Code the Wireless Radio Services within prohibiting call-back configurations that 517110, 13 CFR parts 121–201). Thus, twelve months of the denial or dismissal degrade the network or constitute very few, if any, small entities would be with prejudice of a substantially similar fraudulent activity. affected by this Order. Elimination of application. This amendment simplifies the call-back policy will be beneficial Final Regulatory Flexibility and clarifies the prohibition against for both large and small entities. The Certification repetitious applications. This action is Commission’s Order is pro-competitive intended to promote the most efficient The Regulatory Flexibility Act (RFA), and will provide, for both large and use of the FCC’s resources by preventing 5 U.S.C. 6013612, as amended by the small entities, lower prices, new and the filing of repetitious applications and Small Business Regulatory Enforcement better products and services, and greater barring applicants from initiating Fairness Act of 1996, Public Law 104– consumer choices. In addition, the reexamination of such matters within a 121, Title II, 110 Stat. 957, requires a Commission will maintain an on-going short time after a final decision. final regulatory flexibility analysis in public file to inform both large and DATES: Effective June 13, 2003. notice-and-comment proceedings, small carriers about the legality of call- FOR FURTHER INFORMATION CONTACT: unless the agency certifies that ‘‘the rule back in foreign countries. The public will not, if promulgated, have a Peter Waltonen, Esq., Policy and Rules file will enable all entities to note which Branch, Public Safety and Private significant economic impact on a foreign governments have notified the substantial number of small entities.’’ Wireless Division, Wireless Commission that call-back is illegal in Telecommunications Bureau, (202) 418– The policy change adopted in this Order their countries. does not impose any additional 0680. compliance burden on small entities Therefore, we certify that eliminating SUPPLEMENTARY INFORMATION: This is a dealing with the Commission. The RFA the call-back policy will not have a summary of the FCC’s Report and Order, generally defines the term ‘‘small significant economic effect on a FCC 03–79, adopted on April 9, 2003, entity’’ as having the same meaning as substantial number of small entities. and released on April 16, 2003. The full the terms ‘‘small business,’’ ‘‘small Ordering Clauses text of this document is available for organization,’’ and ‘‘small governmental inspection and copying during normal jurisdiction.’’ In addition, the term 7. Accordingly, pursuant to sections business hours in the FCC Reference ‘‘small business’’ has the same meaning 1, 4 (j)(–j), 201(b), 214, 303(r), and 403 Center, 445 12th Street, SW., as the term ‘‘small business concern’’ of the Communications Act of 1934, as Washington, DC 20554. The complete under the Small Business Act. amended, 47 U.S.C. 151, 154(i)(j), text may be purchased from the FCC’s Accordingly, we certify, pursuant to 201(b), 214, 303(r), and 403, this Order copy contractor, Qualex International, Section 605(b) of the RFA, that the is hereby adopted. 445 12th Street, SW., Room CY–B402, policy change adopted in this Order Washington, DC 20554. The full text 8. The condition placed on does not have a significant economic also may be downloaded at: http:// international Section 214 authorizations impact on a substantial number of small www.fcc.gov. Alternative formats are regarding the provision of international business entities, as defined by the RFA. available to persons with disabilities by call-back services through the use of The Commission’s Consumer and contacting Brian Millin at (202) 418– uncompleted call-signaling, is hereby Government Affairs Bureau, Reference 7426 or TTY (202) 418–7365 or at removed from all existing Section 214 Information Center, shall send a copy of [email protected]. authorizations. this Order, including the Final 1. In this Report and Order, the FCC Regulatory Flexibility Certification, to 9. The Commission’s Consumer and amends § 1.937 of its rules to prohibit the Chief Counsel for Advocacy of the Government Affairs Bureau’s Reference the filing of any repetitious license Small Business Administration in Information Center, shall send a copy of application in the Wireless Radio accordance with section 605(b) of the this Order including the final regulatory Services within twelve months of the RFA. This final certification will also be flexibility certification, to the Chief denial or dismissal with prejudice of a published in the Federal Register. Counsel for Advocacy of the Small substantially similar application. It also In this Order, the Commission Business Administration. streamlines rule barring repetitious eliminated the comity-based Federal Communications Commission. applications by combining § 1.937(a) prohibitions on call-back and the policy and (b). The amendment of § 1.937 will that allowed a foreign government or William F. Caton, simplify and clarify prohibition against entity to make use of the enforcement Deputy Secretary. repetitious applications. The FCC mechanisms of the FCC to enforce [FR Doc. 03–11847 Filed 5–13–03; 8:45 am] believes that this action will promote foreign government prohibitions against BILLING CODE 6712–01–P the most efficient use of it’s resources by
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preventing the filing of such conflicting application submitted by, on B. Paperwork Reduction Act applications and barring applicants behalf of, or for the benefit of the same 5. This Report and Order does not from initiating reexamination of such applicant, its successor or assignee will contain either a proposed or modified matters within a short time after final not be accepted for filing. Section 1.937 information collection. decision. and its antecedents were adopted to Ordering Clauses Background achieve sound administrative process by barring applicants from immediately re- 6. Pursuant to sections 4(i), 303(r), 2. The Commission’s Rules have long litigating matters already decided. and 403 of the Communications Act of prevented the filing of repetitious 3. On March 20, 2002, the 1934, as amended, 47 U.S.C. 154(i), license applications. Prior to 1998, the 303(r), 403, this Report and Order is Commission released a Notice of rules barring repetitious license hereby adopted. applications were set forth in separate Proposed Rule Making, 67 FR 34651, 7. The rules set forth in the rule rule parts pertaining to each of the May 15, 2002, in which it proposed to changes will become effective June 13, Wireless Radio Services. These rules amend § 1.937 to clarify that the 2003. generally prohibited the filing of a prohibition on repetitive applications 8. The Commission’s Consumer and repetitious application within twelve applies to all types of license Governmental Affairs Bureau, Reference months of the denial or dismissal with applications (i.e., new applications and Information Center, shall send a copy of prejudice of a substantially similar renewal applications), and applies this Report and Order including the application. In 1998, the Commission equally to all dispositive actions, Regulatory Flexibility Certification, to consolidated its licensing rules for all including dismissals with prejudice, the Chief Counsel for Advocacy of the Wireless Radio Services, and enacted denials, and revocations. Comments Small Business Administration. § 1.937 to replace its prior service- were filed by the American Mobile specific rules on the filing of repetitious List of Subjects in 47 CFR Part 1 Telecommunications Association, Inc. or conflicting applications. Section Administrative practice and 1.937 provides, (AMTA). AMTA supports the Commission’s effort to simplify its rules, procedure, Radio, and Reporting and (a) Where the Commission has, for recordkeeping requirements. any reason, dismissed an application for but cautions the Commission to do so a new station or for any modification of carefully so as not to apply the sanction Federal Communications Commission. services or facilities with prejudice, or to applications dismissed without William F. Caton, revoked the license for a radio station in prejudice. Deputy Secretary. the Wireless Radio Services, the Procedural Matters Rule Changes Commission will not consider a like or new application involving service of the A. Regulatory Flexibility Act Analyses ■ For the reasons discussed in the same kind to substantially the same area preamble the FCC amends 47 CFR part by substantially the same applicant, its 4. The FCC, pursuant to 5 U.S.C. 1 as follows: successor or assignee, or on behalf of or 605(b) certifies that the rule will not ■ 1. The authority citation for part 1 for the benefit of the original parties in have a significant economic impact on continues to read as follows: interest, until after the lapse of 12 a substantial number of small entities. Authority: 47 U.S.C. 151, 154(i), 154(j), months from the effective date of final The purpose of this Report and Order is 155, 225, 303(r), 309 and 325(e). Commission action. to prohibit the filing of applications for ■ 2. Section 1.937 is amended by (b) If an applicant has been afforded radio station licenses within twelve revising paragraph (a), removing and an opportunity for a hearing with months of the denial of a substantially reserving paragraph (b) and revising respect to an application for a new similar application. This change is made paragraph (c) to read as follows: station or an enlargement of service to promote the most efficient use of the area, and the Commission has, after FCC’s resources by preventing the § 1.937 Repetitious or conflicting applications. hearing or default, denied the immediate filing of repetitious application or dismissed it with applications. The FCC has analyzed the (a) Where the Commission has, for prejudice, the Commission will not information submitted during the any reason, dismissed with prejudice or denied any license application in the consider a like application for service of comment period and the proposed rule the same type to the same area by that Wireless Radio Services, or revoked any change does not impose any additional applicant, or by its successor or such license, the Commission will not compliance burden on small entities assignee, or on behalf of or for the consider a like or new application benefit of the parties in interest to the regulated by the FCC. Accordingly, we involving service of the same kind to original application, until after the lapse certify, pursuant to section 605(b) of the substantially the same area by of 12 months from the effective date of Regulatory Flexibility Act (RFA), that substantially the same applicant, its final Commission action on the original the rule change established in this successor or assignee, or on behalf of or application. Report and Order will not have a for the benefit of the original parties in (c) If an appeal has been taken from significant economic impact upon a interest, until after the lapse of 12 the action of the Commission denying a substantial number of small entities, as months from the effective date of final particular application, a like application that term is defined by the RFA. The Commission action. for service of the same type to the same FCC’s Office of Public Affairs, Reference (b) [Reserved] area, in whole or in part, filed by that Operations Division, shall send a copy (c) If an appeal has been taken from applicant or by its successor or assignee, of this Report and Order, including this the action of the Commission dismissing or on behalf or for the benefit of the certification, to the Chief Counsel for with prejudice or denying any parties in interest to the original Advocacy of the Small Business application in the Wireless Radio application, will not be considered until Administration in accordance with the Services, or if the application is the final disposition of such appeal. RFA. We shall also publish a copy of subsequently designated for hearing, a (d) While an application is pending, this certification in the Federal Register. like application for service of the same any subsequent inconsistent or type to the same area, in whole or in
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part, filed by that applicant or by its assigned to business and residential List of Subjects in 47 CFR Part 52 successor or assignee, or on behalf or for customers could be aged. Inadvertently, the benefit of the parties in interest to the number ‘‘360,’’ instead of ‘‘365,’’ Communications common carriers, the original application, will not be was included in that regulation as the Telecommunications, Telephone. considered until the final disposition of maximum amount of days that numbers ■ Accordingly, 47 CFR part 52 is such appeal. previously assigned to business corrected by making the following * * * * * customers could be aged. correcting amendment: [FR Doc. 03–11964 Filed 5–13–03; 8:45 am] DATES: Effective May 14, 2003. PART 52—NUMBERING BILLING CODE 6712–01–P FOR FURTHER INFORMATION CONTACT: Jennifer Gorny, Attorney-Advisor, Telecommunications Access Policy ■ 1. The authority citation for part 52 FEDERAL COMMUNICATIONS Division, Wireline Competition Bureau, continues to read as follows: COMMISSION (202) 418–7400 or e-mail at Authority: Sections 1, 2, 4, 5, 48 Stat. 1066, [email protected]. as amended; 47 U.S.C. 151, 152, 154, 155 47 CFR Part 52 unless otherwise noted. Interpret or apply SUPPLEMENTARY INFORMATION: Secs. 3, 4, 201–05, 207–09, 218, 225–7, 251– [CC Docket No. 99–200; CC Docket No. 96– 2, 271 and 332, 48 Stat. 1070, as amended, 98; FCC 00–104] Background 1077; 47 U.S.C. 153, 154, 201–205, 207–09, On June 16, 2000, the Federal Numbering Resource Optimization; 218, 225–7, 251–2, 271 and 332 unless Communications Commission otherwise noted. Correction published in the Federal Register (65 § 52.15 [Corrected] AGENCY: Federal Communications FR 37703) a document amending Commission. section 52.15(f) of its rules to include ■ 2. In § 52.15, paragraph (f)(1)(ii), in the ACTION: Correcting amendments. new information collection last sentence, remove the number ‘‘360’’ requirements. Inadvertently, the number and add, in its place, ‘‘365.’’ SUMMARY: This document contains a ‘‘360,’’ instead of ‘‘365,’’ was placed in correction to a final regulation (47 CFR section 52.15(f)(1)(ii) as the maximum Federal Communications Commission. 52.15(f)(1)(ii)) published in the Federal amount of days that a number William F. Caton, Register on June 16, 2000 (65 FR 37703). previously assigned to a business Deputy Secretary. The regulation related to the maximum customer could be aged. This document [FR Doc. 03–11963 Filed 5–13–03; 8:45 am] amount of days that numbers previously corrects paragraph (f)(1)(ii) of that rule. BILLING CODE 6712–01–P
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Proposed Rules Federal Register Vol. 68, No. 93
Wednesday, May 14, 2003
This section of the FEDERAL REGISTER Counsel, 400 Seventh St., SW., proceeding. To help us organize the contains notices to the public of the proposed Washington, DC 20590, (202) 366–4731. hearing, each notice should state issuance of rules and regulations. The SUPPLEMENTARY INFORMATION: The generally which issues the person plans purpose of these notices is to give interested Department is conducting a rulemaking to address. Each person should also persons an opportunity to participate in the provide an E-mail address or phone rule making prior to the adoption of the final to determine whether its rules governing rules. CRS operations, 14 CFR Part 255, number so that if necessary we may remain necessary and, if so, whether the provide additional information on current rules are effective. We issued a procedures during the last few days DEPARTMENT OF TRANSPORTATION notice of proposed rulemaking that set before the hearing. forth our tentative proposals regarding In view of our decision to limit the Office of the Secretary the existing rules and our tentative hearing to one day and the likelihood belief that we should not extend the that a number of persons will wish to 14 CFR Parts 255 and 399 rules to cover the sale of airline tickets speak, we are limiting the time for each through the Internet. 67 FR 69366 speaker and the number of persons who [Docket Nos. OST–97–2881, OST–97–3014, may speak. We currently plan to allow OST–98–4775, and OST–99–5888] (November 15, 2002). We have given all interested persons the opportunity to people to speak on a first-come, first- RIN 2105–AC65 file comments and reply comments and served basis, based on the time of our established a lengthy comment period receipt of their submission of their Computer Reservations System (CRS) totaling more than six months. notice of their wish to participate. Only Regulations; Statements of General However, we have decided that a public one person from each individual firm, Policy hearing where interested persons may trade association, or other group will be allowed to speak, except as necessary to AGENCY: Office of the Secretary, express their views on the major issues answer questions from the presiding Department of Transportation. would also be useful. We are therefore holding such a hearing on May 22. We official. To ensure a balance of views ACTION: Notice of public hearing. have chosen to hold the hearing before and interests, we may choose to include SUMMARY: On Thursday, May 22, 2003, the end of the comment period, which some persons with divergent views in at 9:30 a.m., the Department will we have extended to June 9, so that addition to the first requesters. Persons conduct a public hearing on its pending interested persons can address points who are unable to speak at the hearing rulemaking on computer reservations raised at the hearing in their reply may, of course, present their views on systems (CRSs). The public hearing will comments. 98 FR 24896 (May 9, 2003). the issues (and on statements made at be held at the Marriott at Metro Center, In addition, holding the hearing before the hearing) in their reply comments. 775 12th Street, NW., Washington, DC. the end of the comment period will After we obtain the notices from enable us to invite both participants in persons wishing to participate, we will DATES: The hearing will be held on the hearing and other commenters to provide more detailed information on Thursday, May 22, 2003 at 9:30 a.m. discuss specific points in their reply the procedures for the hearing and the Notices from those who wish to comments. time available for each speaker. participate in the hearing must be The presiding official will be Michael The hearing will be most beneficial to submitted as soon as possible. Reynolds, the Deputy Assistant us if participants focus on the following ADDRESSES: The hearing will be held at Secretary for Aviation and International specific issues: the Mariott at Metro Center, 775, 12th Affairs. Participants will have the Whether rules governing system St. NW., Washington, DC. Notices of opportunity to present a statement of operations are still necessary, and, if so, intent to participate must be marked their views on the issues. Our presiding whether they should cover all systems, with the docket number, OST–97–2881, officer may ask questions on factual, only systems owned or marketed by and should be submitted by only one of policy, and legal issues. If a participant airlines, or both systems and Internet the following means: appearing on behalf of a firm or distribution channels that may be (1) By hand delivery to room PL–401 organization is not familiar with all of comparable to the systems. on the Plaza level of the Nassif Building, the issues, that person can bring Whether the mandatory participation 400 Seventh Street, SW., Washington, someone who can answer questions. rule and the rule prohibiting DC, between 9 a.m. and 5 p.m., Monday The hearing will not serve as a forum discriminatory booking fees (sections through Friday, except Federal holidays. where speakers may cross-examine 255.6(a) and 255.7 of the current rules) The telephone number is 202–366– other commenters or Department should be eliminated or modified. 9329. officials and staff members. We have Whether the rules should restrict (2) Electronically through the Web previously explained why a hearing which marketing and booking data site for the Docket Management System with cross-examination would be generated by the systems can be at http://dms.dot.gov. neither particularly useful nor obtained by airlines. (3) By mail to the Docket Management consistent with our intent to complete Whether and how rules should Facility, U.S. Department of this rulemaking as promptly as possible. restrict the systems’ travel agency Transportation, room PL–401, 400 68 FR 12883, 12884 (March 18, 2003). contract practices. Seventh Street, SW., Washington, DC Persons who wish to speak at the Each participant at the hearing, 20590–0001. hearing should submit requests to us as however, may choose which issues to FOR FURTHER INFORMATION CONTACT: soon as possible in Docket OST–97– discuss and may address other issues if Thomas Ray, Office of the General 2881, the principal docket for this he or she wishes.
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Seating is restricted to about 150 the private activity bond restrictions to property used or to be used for a private people. If more people appear than can refunding issues. This document also business use, (2) secured by an interest be accommodated, the first ones to contains a notice of public hearing on in payments in respect of such property, arrive will be seated. We plan to prepare these proposed regulations. or (3) to be derived from payments, a record of the hearing and place it in DATES: Written or electronic comments whether or not to the issuer, in respect the docket for this rulemaking, so that must be received by August 19, 2003. of property, or borrowed money, used or anyone who is unable to attend the Outlines of topics to be discussed at the to be used for a private business use. hearing can learn what was said. public hearing scheduled for September The private loan financing test is Any person who wishes to have a sign 9, 2003, at 10 a.m., must be received by satisfied if more than the lesser of $5 language interpreter present at the August 19, 2003. million or 5 percent of the proceeds of hearing should so advise us by Monday, ADDRESSES: Send submissions to an issue are to be used to make or May 19, so that we may make the CC:PA:RU (REG–113007–99), room finance loans to persons other than necessary arrangements. 5226, Internal Revenue Service, POB governmental units. Finally, Sabre on its own initiative 7604, Ben Franklin Station, Washington, In 1994, proposed regulations (FI–72– has filed a document stating its views DC 20044. Submissions may be hand 88) were published in the Federal on when a hearing should be held and delivered Monday through Friday Register (59 FR 67658) (the 1994 how it should be organized. Other between the hours of 8 a.m. and 4 p.m. Proposed Regulations) to provide commenters have filed responses to CC:PA:RU (REG–113007–99), guidance under the Code with respect to supporting or opposing Sabre’s Courier’s Desk, Internal Revenue the application of the private activity bond tests. Generally, the 1994 proposals. We have reviewed these Service, 1111 Constitution Avenue, Proposed Regulations provide that the documents and determined that the NW., Washington, DC. Alternatively, private business use of a facility is equal hearing procedures and timing set forth taxpayers may submit comments to the greatest percentage of private in this notice will best suit our purpose electronically to the IRS Internet site at business use of that facility for any one of supplementing the record without www.irs.gov/regs. The public hearing year period during the term of the delaying a final decision. The will be held in the IRS Auditorium, bonds. The amount of private security opportunity to submit comments and Internal Revenue Building, 1111 or private payments is determined by reply comments will give all interested Constitution Avenue, NW., Washington, comparing the present value of the persons the ability to set forth in detail DC. their positions on the factual, legal, and private security or private payments to FOR FURTHER INFORMATION CONTACT: the present value of the debt service to policy issues presented in this Concerning the regulations, Gary W. proceeding. As some of the commenters be paid over the term of the issue, using Bornholdt, (202) 622–3980; concerning the bond yield as the discount rate. requested, however, we have extended submissions and the hearing, Treena the reply comment period to June 9. With respect to refunding issues, the Garrett, (202) 622–7180 (not toll-free 1994 Proposed Regulations provide that That will give interested persons numbers). additional time for their preparation of the determination of whether a reply comments and their participation SUPPLEMENTARY INFORMATION: refunding issue satisfies either the in the hearing. private business tests or the private loan Background financing test is made without regard to Issued in Washington, DC, on May 9, 2003. In general, under section 103 of the whether the prior issue satisfied those Read C. Van de Water, Internal Revenue Code (Code), gross tests. In general, under the 1994 Assistant Secretary for Aviation and income does not include the interest on Proposed Regulations, the private International Affairs. any State or local bond. However, this business tests and the private loan [FR Doc. 03–12072 Filed 5–12–03; 2:32 pm] exclusion does not apply to private financing test are applied to a refunding BILLING CODE 4910–62–P activity bonds (other than certain issue by treating the proceeds of the qualified bonds). Section 141(a) defines refunding issue as used for the same a private activity bond as any bond purposes as the proceeds of the prior DEPARTMENT OF THE TREASURY issued as part of an issue that meets issue, but disregarding any use of the either (1) the private business use test in property financed with the prior issue Internal Revenue Service section 141(b)(1) and the private that occurred before the issue date of the security or payment test in section refunding issue. In addition, in applying 26 CFR Part 1 141(b)(2) (the private business tests) or the private business tests to a refunding [REG–113007–99] (2) the private loan financing test in issue under the 1994 Proposed section 141(c) (the private business tests Regulations, an issuer may treat the RIN 1545–AU98 and the private loan financing test are refunding issue as a continuation of the referred to collectively as the ‘‘private prior issue. Obligations of States and Political activity bond tests’’). On January 16, 1997, final regulations Subdivisions The private business use test is met if (TD 8712) relating to the definition of AGENCY: Internal Revenue Service (IRS), more than 10 percent of the proceeds of private activity bond and related rules Treasury. an issue are to be used for any private under sections 103, 141, 142, 144, 145, ACTION: Notice of proposed rulemaking business use. Section 141(b)(6) defines 147, 148, and 150 were published in the and notice of public hearing. private business use as use directly or Federal Register (62 FR 2275) (the Final indirectly in a trade or business that is Regulations). Under the Final SUMMARY: This document contains carried on by any person other than a Regulations, the amount of private proposed regulations on the definition governmental unit. business use of property financed by an of private activity bond applicable to The private security or payment test issue is equal to the average percentage tax-exempt bonds issued by State and is met if the payment of the principal of, of private business use of that property local governments. These regulations or the interest on, more than 10 percent during a defined measurement period. affect issuers of tax-exempt bonds and of the proceeds of an issue is directly or The measurement period begins on the provide needed guidance for applying indirectly (1) secured by an interest in later of the issue date of the issue or the
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date that the property is placed in 3. Measurement of Private Business Use to the refunding issue is determined service and ends on the earlier of the The proposed regulations generally under § 1.141–4 by treating the last date of the reasonably expected provide that the amount of private refunding issue as a separate issue. On economic life of the property or the business use of a refunding issue is the other hand, if the amount of private latest maturity date of any bond of the determined based on the separate business use is determined based on a issue financing the property measurement period for the refunding combined measurement period, then the (determined without regard to any issue under § 1.141–3(g) (for example, amount of private security and private optional redemption dates). The Final without regard to any private business payments allocable to the refunding issue is determined under § 1.141–4 by Regulations retain the basic approach in use that occurred before the issue date treating the refunding issue and all the 1994 Proposed Regulations relating of the refunding issue). Thus, for earlier issues taken into account in to the measurement of private security instance, if an issuer refunds a taxable determining the combined measurement and private payments. bond or an exempt facility bond, any period as a combined issue. The private business use of the refinanced The Final Regulations reserve proposed regulations contain specific facilities before the issue date of the § 1.141–13 for rules regarding the rules for determining the present value refunding issue is disregarded in application of the private business tests of the debt service on, and the private applying the private business use test to and the private loan financing test to security and private payments allocable the refunding issue. refunding issues. This document to, a combined issue. amends the Income Tax Regulations (26 In the case of a refunding issue that The proposed regulations also permit CFR part 1) under section 141 by refunds a prior issue of governmental an issuer to use the yield on a prior proposing rules on the application of bonds, however, the amount of private issue of governmental bonds to the private business tests and the business use is generally determined determine the present value of private private loan financing test to refunding based on a combined measurement security or private payments under issues. This document also amends the period. For purposes of the proposed arrangements that were not entered into Income Tax Regulations under sections regulations, a governmental bond is any in contemplation of the refunding issue. 145, 149 and 150 by proposing rules on bond that, when issued, purported to be For this purpose, any arrangement that either a governmental bond, as defined certain related matters. These was entered into more than one year in § 1.150–1(b), or a qualified 501(c)(3) regulations are published as proposed before the issue date of the refunding bond, as defined in section 145(a). The regulations (the proposed regulations) to issue will be treated as not entered into combined measurement period is the provide an opportunity for public in contemplation of the refunding issue. period that begins on the first day of the review and comment. measurement period (as defined in 5. Multipurpose Issue Allocations Explanation of Provisions § 1.141–3(g)) for the prior issue (or the Section 1.148–9(H) permits an issuer first issue of governmental bonds in the to treat the portion of a multipurpose A. Application of Private Activity Bond case of a series of refundings of issue allocable to a separate purpose as Tests to Refunding Issues governmental bonds) and ends on the a separate issue for certain of the 1. In General last day of the measurement period for arbitrage provisions of section 148. The the refunding issue. proposed regulations allow an issuer to The proposed regulations provide As an alternative to the combined apply § 1.148–9(h) to a multipurpose that, in general, a refunding issue and a measurement period approach, the issue for certain purposes under section prior issue are tested separately under proposed regulations permit issuers to 141. An allocation will not be section 141. Thus, the determination of measure private business use based on reasonable for this purpose if it achieves whether a refunding issue consists of the separate measurement period of the more favorable results under section 141 private activity bonds generally does not refunding issue, but only if the prior than could be achieved with actual depend on whether the prior issue issue of governmental bonds does not separate issues. In addition, allocations consists of private activity bonds. satisfy the private business use test under the proposed regulations and The proposed regulations apply to during a shortened measurement period. § 1.148–9(h) must be consistent for determine whether a refunding issue The shortened measurement period purposes of sections 141 and 148. The satisfies the private business tests or the begins on the first day of the proposed regulations do not permit private loan financing test, but do not measurement period of the prior issue allocations for purposes of section impact the methodology used to (or the first issue of governmental bonds 141(c)(1) (relating to the private loan in the case of a series of refundings of determine whether the prior issue financing test) or section 141(d)(1) governmental bonds) and ends on the satisfies those tests. For example, (relating to certain restrictions on issue date of the refunding issue. following a refunding, the private acquiring nongovernmental output Whether a prior issue satisfies the business use test continues to apply to property). private business use test during the a prior issue based on the measurement shortened measurement period is 6. Application of Reasonable period for the prior issue. determined based on the actual use of Expectations Test to Certain Refunding Bonds 2. Allocation of Proceeds proceeds, without regard to the reasonable expectations test of § 1.141– Section 1.141–2(d) of the Final The proposed regulations provide 2(d). Regulations provides that an issue that, in applying the private business consists of private activity bonds if the tests and the private loan financing test 4. Measurement of Private Security and issuer (1) reasonably expects, as of the to a refunding issue, the proceeds of the Private Payments issue date, that the issue will meet refunding issue are allocated to the If the amount of private business use either the private business tests or the same purpose investments (including is determined based on the separate private loan financing test, or (2) takes any private loan under section 141(c)) measurement period for the refunding a deliberate action, subsequent to the and expenditures as the proceeds of the issue, then the amount of private issue date, that causes the conditions of prior issue. security and private payments allocable either the private business tests or the
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private loan financing test to be regulatory assessment is not required. It List of Subjects in 26 CFR Part 1 satisfied. In general, a deliberate action has also been determined that section Income taxes, Reporting and is any action taken by the issuer that is 553(b) of the Administrative Procedure recordkeeping requirements. within its control. Act (5 U.S.C. chapter 5) does not apply The proposed regulations provide that to these regulations, and because the Proposed Amendments to the an action that would otherwise cause a regulations do not impose a collection Regulations refunding issue to satisfy the private of information on small entities, the Accordingly, 26 CFR part 1 is business tests or the private loan Regulatory Flexibility Act (5 U.S.C. proposed to be amended as follows: financing test is not taken into account chapter 6) does not apply. Pursuant to under the reasonable expectations test section 7805(f) of the Code, this notice PART 1—INCOME TAXES of § 1.141–2(d) if (1) the action is not a of proposed rulemaking will be deliberate action within the meaning of submitted to the Chief Counsel for 1. The authority citation for part 1 § 1.141–2(d)(3), and (2) the weighted Advocacy of the Small Business continues to read in part as follows: average maturity of the refunding bonds Administration for comment on its Authority: 26 U.S.C. 7805 * * * is not greater than the remaining impact on small business. 2. Section 1.141–0 is amended by weighted average maturity of the prior adding entries to the table in numerical bonds. Comments and Public Hearing order for §§ 1.141–13 and 1.141–15(j) to Before these proposed regulations are read as follows: B. Treatment of Issuance Costs adopted as final regulations, Financed by Prior Issue of Qualified consideration will be given to any § 1.141–0 Table of contents 501(c)(3) Bonds written comments that are submitted * * * * * Under the Final Regulations, the use timely (preferably a signed original and § 1.141–13 Refunding Issues. of proceeds of an issue of qualified eight copies) to the IRS. All comments 501(c)(3) bonds to pay issuance costs of will be available for public inspection (a) In general. (b) Application of private business the issue is treated as a private business and copying. use test and private loan financing test. use. The proposed regulations provide A public hearing has been scheduled that, solely for purposes of applying the (1) Allocation of proceeds. for September 9, 2003, at 10 a.m. in the (2) Determination of amount of private business use test to a refunding IRS Auditorium, Internal Revenue issue, the use of proceeds of the prior private business use. Building, 1111 Constitution Avenue, (c) Application of private security or issue (or any earlier issue in a series of NW., Washington, DC. Because of access refundings) to pay issuance costs of the payment test. restrictions, visitors will not be (1) Separate issue treatment. prior issue (or the earlier issue) is admitted beyond the lobby more than 30 treated as a government use. (2) Combined issue treatment. minutes before the hearing starts. (3) Special rule for arrangements not C. Limitation on Advance Refundings of The rules of 26 CFR 601.601(a)(3) entered into in contemplation of the Private Activity Bonds apply to the hearing. refunding issue. Persons who wish to present oral Under section 149(d)(2), interest on a (d) Multipurpose issue allocations. comments at the hearing must submit bond is not excluded from gross income (1) In general. written comments by August 19, 2003 if any portion of the issue of which the (2) Exceptions. and submit an outline of the topics to bond is a part is issued to advance (e) Application of reasonable be discussed and the amount of time to refund a private activity bond (other expectations test to certain refunding be devoted to each topic by August 19, than a qualified 501(c)(3) bond). The bonds. 2003. proposed regulations provide that, for (f) Examples. purposes of section 149(d)(2), the term A period of 10 minutes will be * * * * * private activity bond includes a allotted to each person for making qualified bond described in section comments. § 1.141–15 Effective dates. 141(e) (other than a qualified 501(c)(3) An agenda showing the scheduling of * * * * * bond), regardless of whether the the speakers will be prepared after the (j) Effective dates for certain refunding issue consists of private deadline for receiving outlines has regulations relating to refundings. activity bonds under the proposed passed. Copies of the agenda will be * * * * * regulations. The proposed regulations available free of charge at the hearing. 3. In § 1.141–1, paragraph (b) is also provide that, for purposes of Comments are requested on all amended by revising the definition of section 149(d)(2), the term private aspects of the proposed regulations. In governmental bond to read as follows: activity bond does not include a taxable addition, comments are specifically bond. requested on the application of the § 1.141–1 Definitions and rules of general private loan financing test to refunding application. Proposed Effective Date issues. * * * * * Governmental bond has the same The proposed regulations will apply Drafting Information to bonds that are (1) sold on or after the meaning as in § 1.150–1(b), except that, date of publication of final regulations The principal authors of these for purposes of § 1.141–13, under § 1.141–13 in the Federal regulations are Bruce M. Serchuk and governmental bond is defined in Register and (2) subject to the Final Gary W. Bornholdt, Office of Chief § 1.141–13(b)(2)(iv). Regulations. Counsel (Tax-exempt and Government * * * * * Entities), Internal Revenue Service and 4. Section 1.141–13 is added to read Special Analyses Stephen J. Watson, Office of Tax as follows: It has been determined that this notice Legislative Counsel, Department of the of proposed rulemaking is not a Treasury. However, other personnel § 1.141–13 Refunding Issues significant regulatory action as defined from the IRS and Treasury Department (a) In general. Except as provided in in Executive Order 12866. Therefore, a participated in their development. this section, a refunding issue and a
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prior issue are tested separately under 501(c)(3) bond, any use of the property contemplation of the refunding issue. section 141. Thus, the determination of refinanced by the refunding issue before For this purpose, any arrangement that whether a refunding issue consists of the issue date of the refunding issue by was entered into more than 1 year private activity bonds generally does not a 501(c)(3) organization with respect to before the issue date of the refunding depend on whether the prior issue its activities that do not constitute an issue is treated as not entered into in consists of private activity bonds. unrelated trade or business under contemplation of the refunding issue. (b) Application of private business use section 513(a) is treated as government (d) Multipurpose issue allocations— test and private loan financing test— (1) use. (1) In general. For purposes of section Allocation of proceeds. In applying the (c) Application of private security or 141, unless the context clearly requires private business use test and the private payment test—(1) Separate issue otherwise, § 1.148–9(h) applies to loan financing test to a refunding issue, treatment. If the amount of private allocations of multipurpose issues (as the proceeds of the refunding issue are business use of a refunding issue is defined in § 1.148–1(b)), including allocated to the same expenditures and determined based on the measurement allocations involving the refunding purpose investments as the proceeds of period for that issue in accordance with purposes of the issue. An allocation is the prior issue. paragraph (b)(2)(i) or (b)(2)(ii)(B) of this not reasonable under this paragraph (d) (2) Determination of amount of section, then the amount of private if it achieves more favorable results private business use—(i) In general. security and private payments allocable under section 141 than could be Except as provided in paragraph to the refunding issue is determined achieved with actual separate issues. (b)(2)(ii) of this section, the amount of under § 1.141–4 by treating the Allocations made under this paragraph private business use of a refunding issue refunding issue as a separate issue. (d) and § 1.148–9(h) must be consistent is determined under § 1.141–3(g), based (2) Combined issue treatment. If the for purposes of section 141 and section on the measurement period for that amount of private business use of a 148. issue (for example, without regard to refunding issue is determined based on (2) Exceptions. This paragraph (d) any private business use that occurred the combined measurement period for does not apply for purposes of sections prior to the issue date of the refunding that issue in accordance with paragraph 141(c)(1) and 141(d)(1). issue). (b)(2)(ii)(A) of this section, then the (e) Application of reasonable (ii) Refundings of governmental amount of private security and private expectations test to certain refunding bonds. In applying the private business payments allocable to the refunding bonds. An action that would otherwise use test to a refunding issue that refunds issue is determined under § 1.141–4 by cause a refunding issue to satisfy the a prior issue of governmental bonds, the treating the refunding issue and all private business tests or the private loan amount of private business use of the earlier issues taken into account in financing test is not taken into account refunding issue is the amount of private determining the combined measurement under the reasonable expectations test business use— period as a combined issue. For this of § 1.141–2(d) if— (A) During the combined purpose, the present value of the private (1) The action is not a deliberate measurement period; or security and private payments is action within the meaning of § 1.141– (B) At the option of the issuer, during compared to the present value of the 2(d)(3); and the period described in paragraph debt service on the combined issue (2) The weighted average maturity of (b)(2)(i) of this section, but only if, (other than debt service paid with the refunding bonds is not greater than without regard to the reasonable proceeds of any refunding bond). the remaining weighted average expectations test of § 1.141–2(d), the Present values are computed as of the maturity of the prior bonds. prior issue does not satisfy the private issue date of the earliest issue taken into (f) Examples. The following examples business use test, based on a account in determining the combined illustrate the application of this section. measurement period that begins on the measurement period (the earliest issue). first day of the combined measurement Except as provided in paragraph (c)(3) Example 1. Measuring private business use. In 2002, Authority A issues tax-exempt period and ends on the issue date of the of this section, present values are bonds that mature in 2032 to acquire an refunding issue. determined by using the yield on the office building. The measurement period for (iii) Combined measurement period. combined issue as the discount rate. the 2002 bonds under § 1.141–3(g) is 30 For purposes of this section, the The yield on the combined issue is years. At the time A acquires the building, it combined measurement period is the determined by taking into account enters into a 10-year lease with a period that begins on the first day of the payments on the refunding issue and all nongovernmental person under which the measurement period (as defined in earlier issues taken into account in nongovernmental person will use 5 percent § 1.141–3(g)) for the prior issue (or, in determining the combined measurement of the building in its trade or business during the case of a series of refundings of period (other than payments made with each year of the lease term. In 2007, A issues governmental bonds, the first issue of proceeds of any refunding bond), and bonds to refund the 2002 bonds. The 2007 bonds mature on the same date as the 2002 governmental bonds in the series) and based on the issue price of the earliest bonds and have a measurement period of 25 ends on the last day of the measurement issue. In the case of a partial refunding, years under § 1.141–3(g). Under paragraph period for the refunding issue. the unrefunded debt service is not taken (b)(2)(ii)(A) of this section, the amount of (iv) Governmental bond. For purposes into account in determining the yield on private business use of the proceeds of the of this section, the term governmental the combined issue. 2007 bonds is 1.67 percent, which equals the bond means any bond that, when (3) Special rule for arrangements not amount of private business use during the issued, purported to be a governmental entered into in contemplation of the combined measurement period (5 percent of bond, as defined in § 1.150–1(b), or a refunding issue. In applying the private 1/3rd of the 30-year combined measurement qualified 501(c)(3) bond, as defined in security or payment test to a refunding period). In addition, the 2002 bonds do not issue that refunds a prior issue of satisfy the private business use test, based on section 145(a). a measurement period beginning on the first (v) Special rule for refundings of governmental bonds, the issuer may use day of the measurement period for the 2002 qualified 501(c)(3) bonds with the yield on the prior issue to determine bonds and ending on the issue date of the governmental bonds. For purposes of the present value of private security and 2007 bonds, because only 5 percent of the applying this paragraph (b)(2) to a private payments under arrangements proceeds of the 2002 bonds are used for a refunding issue that refunds a qualified that were not entered into in private business use during that period.
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Thus, under paragraph (b)(2)(ii)(B) of this Date Debt service Date Debt service section, A may treat the amount of private business use of the 2007 bonds as 1 percent 1/1/13 ...... 10,306,800 1/1/09 ...... 9,657,800 (5 percent of 1/5th of the 25-year 1/1/14 ...... 10,306,800 1/1/10 ...... 9,657,800 measurement period for the 2007 bonds). The 1/1/15 ...... 10,306,800 1/1/11 ...... 9,657,800 2007 bonds do not satisfy the private 1/1/16 ...... 10,306,800 1/1/12 ...... 9,657,800 business use test. 1/1/17 ...... 10,306,800 1/1/13 ...... 9,657,800 Example 2. Combined issue yield 1/1/18 ...... 10,306,800 1/1/14 ...... 9,657,800 computation. (i) On January 1, 2000, County 1/1/19 ...... 10,306,800 1/1/15 ...... 9,657,800 B issues 20-year bonds with an interest rate 1/1/20 ...... 10,306,800 1/1/16 ...... 9,657,800 of 8% and an issue price of $100 million. The 1/1/17 ...... 9,657,800 debt service payments on the 2000 bonds are $206,136,000 1/1/18 ...... 9,657,800 as follows: 1/1/19 ...... 9,657,800 1/1/20 ...... 9,657,800 Date Debt service (ii) On January 1, 2005, B issues 15- year bonds to refund all of the $144,867,000 1/1/01 ...... $10,306,800 outstanding 2000 bonds. The 2005 1/1/02 ...... 10,306,800 bonds have an interest rate of 6% and 1/1/03 ...... 10,306,800 (iii) For purposes of determining the an issue price of $93,250,000. The debt 1/1/04 ...... 10,306,800 amount of private security and private service payments on the 2005 bonds are 1/1/05 ...... 10,306,800 payments with respect to the 2005 as follows: 1/1/06 ...... 10,306,800 bonds, the 2005 bonds and the 2000 1/1/07 ...... 10,306,800 bonds are treated as a combined issue 1/1/08 ...... 10,306,800 Date Debt service 1/1/09 ...... 10,306,800 under paragraph (c)(2) of this section. 1/1/10 ...... 10,306,800 1/1/06 ...... $9,657,800 The yield on the combined issue is 1/1/11 ...... 10,306,800 1/1/07 ...... 9,657,800 7.5036 percent per year compounded 1/1/12 ...... 10,306,800 1/1/08 ...... 9,657,800 semiannually, computed as follows:
Unrefunded new Date money debt Refunding debt Total debt service Present value on service service 1/1/00
1/1/00 ...... ($100,000,000.00) 1/1/01 ...... $10,306,800 ...... $10,306,800 9,574,857.71 1/1/02 ...... 10,306,800 ...... 10,306,800 8,894,894.64 1/1/03 ...... 10,306,800 ...... 10,306,800 8,263,219.48 1/1/04 ...... 10,306,800 ...... 10,306,800 7,676,403.02 1/1/05 ...... 10,306,800 ...... 10,306,800 7,131,259.62 1/1/06 ...... $9,657,800 9,657,800 6,207,676.64 1/1/07 ...... 9,657,800 9,657,800 5,766,835.53 1/1/08 ...... 9,657,800 9,657,800 5,357,300.97 1/1/09 ...... 9,657,800 9,657,800 4,976,849.70 1/1/10 ...... 9,657,800 9,657,800 4,623,416.36 1/1/11 ...... 9,657,800 9,657,800 4,295,082.25 1/1/12 ...... 9,657,800 9,657,800 3,990,064.95 1/1/13 ...... 9,657,800 9,657,800 3,706,708.59 1/1/14 ...... 9,657,800 9,657,800 3,443,474.92 1/1/15 ...... 9,657,800 9,657,800 3,198,934.91 1/1/16 ...... 9,657,800 9,657,800 2,971,761.03 1/1/17 ...... 9,657,800 9,657,800 2,760,720.01 1/1/18 ...... 9,657,800 9,657,800 2,564,666.17 1/1/19 ...... 9,657,800 9,657,800 2,382,535.18 1/1/20 ...... 9,657,800 9,657,800 2,213,338.32
$51,534,000 $144,867,000 $196,401,000 0.00
Example 3. Refunding taxable bonds and (b)(2)(i) of this section, the 2009 bonds do not Building 1 and 12 percent of Building 2 being qualified bonds. (i) In 1999, City C issues satisfy the private business use test because used for a private business use during the taxable bonds to finance the construction of the amount of private business use is based measurement period under § 1.141–3(g). a facility for the furnishing of water. The on the measurement period for those bonds These arrangements result in a total of 10 bonds are secured by revenues from the and therefore does not take into account any percent of the proceeds of the 2001 bonds facility. The facility is managed pursuant to private business use that occurred pursuant being used for a private business use. In a management contract with a to the management contract. 2006, D purports to allocate, under paragraph nongovernmental person that gives rise to (ii) The facts are the same as in paragraph (d) of this section, an equal amount of the private business use. In 2007, C terminates (i) of this Example 3, except that the 1999 outstanding 2001 bonds to Building 1 and the management contract and takes over the bonds are issued as exempt facility bonds Building 2. D also enters into another private operation of the facility. In 2009, C issues under section 142(a)(4). The 2009 bonds do business use arrangement with respect to bonds to refund the 1999 bonds. On the issue not satisfy the private business use test. Building 1 that results in 10 percent of date of the 2009 bonds, C reasonably expects Example 4. Multipurpose issue. In 2001, Building 1 being used for a private business that the facility will not be used for a private State D issues bonds to finance the use during the measurement period. An business use during the term of the 2009 construction of two office buildings, Building allocation is not reasonable under paragraph bonds. In addition, during the term of the 1 and Building 2. D expends an equal amount (d) of this section if it achieves more 2009 bonds, the facility is not used for a of the proceeds on each building. D enters favorable results under section 141 than private business use. Under paragraph into arrangements that result in 8 percent of could be achieved with actual separate
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issues. D’s allocation is unreasonable documents contained in § 1.150–1(b) (1) Includes a qualified bond because, if permitted, would result in more and § 1.150–1(c)(3)(ii) may be applied described in section 141(e) (other than that 10 percent of the proceeds of the 2001 by issuers in whole, but not in part, to— a qualified 501(c)(3) bond), regardless of bonds being used for a private business use. (1) Outstanding bonds that are sold whether the refunding issue consists of 5. Section 1.141–15 is amended by before the date of publication of final private activity bonds under § 1.141–13; revising paragraphs (b)(1), (c), (d) and regulations in the Federal Register, and and (h) and adding paragraph (j) to read as subject to section 141; or (2) Does not include a taxable bond. follows: (2) Refunding bonds that are sold on or after the date of publication of final (h) Effective dates—(1) In general. § 1.141–15 Effective dates. regulations in the Federal Register, and Except as provided in this paragraph * * * * * subject to section 141. (h), this section applies to bonds issued (b) Effective Dates—(1) In general. * * * * * after June 30, 1993, to which §§ 1.148– Except as otherwise provided in this (j) Effective dates for certain 1 through 1.148–11 apply, including section, §§ 1.141–0 through 1.141–6(a), regulations relating to refundings. conduit loans that are treated as issued 1.141–9 through 1.141–12, 1.141–14, Except as otherwise provided in this after June 30, 1993, under paragraph 1.145–1 through 1.145–2(c), and the section, §§ 1.141–13, 1.145–2(d), (b)(4) of this section. In addition, this definition of bond documents contained 1.149(d)–1(g), 1.150–1(a)(3) and 1.150– section applies to any issue to which the in § 1.150–1(b) (the 1997 regulations 1(c)(3)(ii) apply to bonds that are sold election described in § 1.148–11(b)(1) is contained in 26 CFR Part 1, revised as on or after the date of publication of made. of April 1, 2003) apply to bonds issued final regulations in the Federal Register on or after May 16, 1997, that are subject (2) Special effective date for and that are subject to the 1997 paragraph (b)(3). Paragraph (b)(3) of this to section 1301 of the Tax Reform Act regulations (contained in 26 CFR Part 1, section applies to any advance of 1986 (100 Stat. 2602). revised as of April 1, 2003). refunding issue issued after May 28, * * * * * 6. Section 1.145–0 is amended by (c) Refunding bonds. Except as adding an entry to the table in 1991. otherwise provided in this section, the numerical order for § 1.145–2(d) to read (3) Special effective date for 1997 regulations (contained in 26 CFR as follows: paragraph (f)(3). Paragraph (f)(3) of this Part 1, revised as of April 1, 2003) do section applies to bonds sold on or after not apply to any bonds issued on or § 1.145–0 Table of contents. July 8, 1997 and to any issue to which after May 16, 1997, to refund a bond to * * * * * the election described in § 1.148– which those regulations do not apply § 1.145–2 Application of private activity 11(b)(1) is made. See § 1.148–11A(i) for unless— bond regulations. rules relating to certain bonds sold (1) The refunding bonds are subject to before July 8, 1997. section 1301 of the Tax Reform Act of * * * * * 1986 (100 Stat. 2602); and (d) Issuance costs financed by prior (4) Special effective date for (2)(i) The weighted average maturity issue. paragraph (g). See § 1.141–15 for the of the refunding bonds is longer than— * * * * * applicability date of paragraph (g) of (A) The weighted average maturity of 7. In § 1.145–2, paragraph (d) is added this section. the refunded bonds; or to read as follows: 9. Section 1.150–1 is amended by (B) In the case of a short-term § 1.145–2 Application of private activity revising paragraphs (a)(3) and (c)(3)(ii) obligation that the issuer reasonably bond regulations. to read as follows: expects to refund with a long-term * * * * * financing (such as a bond anticipation § 1.150–1 Definitions. (d) Issuance costs financed by prior note), 120 percent of the weighted issue. Solely for purposes of applying (a) * * * average reasonably expected economic the private business use test to a life of the facilities financed; or (3) Exceptions to general effective refunding issue under § 1.141–13, the (ii) A principal purpose for the date. See § 1.141–15 for the use of proceeds of the prior issue (or any issuance of the refunding bonds is to applicability date of the definition of earlier issue in a series of refundings) to make one or more new conduit loans. bond documents contained in paragraph pay issuance costs of the prior issue (or (d) Permissive application of (b) of this section and the effective date the earlier issue) is treated as a regulations. Except as provided in of paragraph (c)(3)(ii) of this section. government use. paragraph (e) of this section, the 1997 8. Section 1.149(d)–1 is amended by * * * * * regulations (contained in 26 CFR Part 1, revising paragraph (g) and adding (c) * * * revised as of April 1, 2003) may be paragraph (h) to read as follows: applied in whole, but not in part, to (3) * * * actions taken before February 23, 1998, § 1.149(d)–1 Limitations on advance (ii) Exceptions. This paragraph (c)(3) with respect to— refundings. does not apply for purposes of sections (1) Bonds that are outstanding on May * * * * * 141, 144(a), 148, 149(d) and 149(g). 16, 1997 and subject to section 141; or (g) Limitation on advance refundings * * * * * (2) Refunding bonds issued on or after of private activity bonds. Under section May 16, 1997 that are subject to 141. 149(d)(2) and this section, interest on a David A. Mader, * * * * * bond is not excluded from gross income Assistant Deputy Commissioner of Internal (h) Permissive retroactive application. if any portion of the issue of which the Revenue. Except as provided in paragraphs (d), (e) bond is a part is issued to advance [FR Doc. 03–11926 Filed 5–9–03; 11:31 am] or (i) of this section, §§ 1.141–1 through refund a private activity bond (other BILLING CODE 4830–01–P 1.141–6(a), 1.141–7 through 1.141–14, than a qualified 501(c)(3) bond). For this 1.145–1 through 1.145–2, 1.149(d)–1(g), purpose, the term private activity 1.150–1(a)(3), the definition of bond bond—
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DEPARTMENT OF THE TREASURY PO Box 4644, Petaluma, California growing region as a viticultural area. 94955–4644; telephone 415–271–1254. The petition must include— Alcohol and Tobacco Tax and Trade SUPPLEMENTARY INFORMATION: • Evidence of local and/or national Bureau name recognition of the proposed TTB Background viticultural area as the area specified in 27 CFR Part 9 What Is the Impact of the Homeland the petition; • Security Act on Rulemaking? Historical or current evidence that RIN 1512–AC60 the proposed viticultural area’s Effective January 24, 2003, the [TTB Notice No. 8] boundaries are as specified in the Homeland Security Act of 2002 divided petition; the Bureau of Alcohol, Tobacco and • Evidence of geographical San Bernabe and San Lucas Firearms (ATF) into two new agencies, Viticultural Areas (2001R–170P) characteristics, such as climate, soil, the Alcohol and Tobacco Tax and Trade elevation, physical features, etc., that AGENCY: Alcohol and Tobacco Tax and Bureau in the Department of the distinguish the proposed area from Trade Bureau (TTB), Treasury. Treasury and the Bureau of Alcohol, surrounding areas; Tobacco, Firearms and Explosives in the • ACTION: Notice of proposed rulemaking. A description of the specific Department of Justice. Regulation of boundaries of the viticultural area, SUMMARY: The Alcohol and Tobacco Tax wine labeling, including viticultural based on features reflected on United and Trade Bureau proposes the area designations, is the responsibility States Geological Survey (USGS) establishment of the San Bernabe of the new TTB. References to ATF in approved maps of the largest applicable viticultural area (the proposed area) and this document relate to events that scale; and the realignment of the adjacent San occurred prior to January 24, 2003, or to • A copy (or copies) of the USGS- Lucas viticultural area. Both viticultural functions that the Bureau of Alcohol, approved map(s) with the boundaries areas exist entirely within the Central Tobacco, Firearms and Explosives prominently marked. Coast and Monterey viticultural areas continues to perform. Will This Proposal Impact on Current and within Monterey County, Background on Viticultural Areas Wine Labels? California. The proposed San Bernabe viticultural area consists of 24,796 acres What Is TTB’s Authority To Establish a If this proposed viticultural area is that the petitioner states are Viticultural Area? established, bottlers who use brand predominantly rolling hills of sandy The Federal Alcohol Administration names like the name of the viticultural soils. The realignment would transfer Act (FAA Act) at 27 U.S.C. 205(e) area may be affected. If you do use a 1,281 acres of rolling, sandy land from requires that alcohol beverage labels brand name like San Bernabe, you must the northwest San Lucas area to the provide the consumer with adequate ensure that your existing products are south San Bernabe area. This proposed information regarding a product’s eligible to use the name of the realignment would avoid splitting a identity, while prohibiting the use of viticultural area as an appellation of large vineyard between two viticultural deceptive information on such labels. origin. For a wine to be eligible, at least areas and prevent overlapping of The FAA Act also authorizes TTB to 85 percent of the grapes in the wine viticultural areas. Claude Hoover of issue regulations to carry out the Act’s must have been grown within the Delicato Family Vineyards, Monterey, provisions. viticultural area. California, filed both petitions. Regulations in 27 CFR part 4, Labeling If the wine is not eligible to use the appellation, you must change the brand DATES: We must receive written and Advertising of Wine, allow the comments by July 14, 2003. establishment of definitive viticultural name of that wine and obtain approval of a new label. Different rules apply if ADDRESSES: You may send comments to areas and the use of their names as appellations of origin on wine labels you label a wine in this category with any of the following addresses— a label approved before July 7, 1986. See • Chief, Regulations and Procedures and in wine advertisements. Title 27 CFR Part 9, American Viticultural 27 CFR 4.39(i) for details. Additionally, Division, Alcohol and Tobacco Tax and where the name of a viticultural area is Trade Bureau, PO Box 50221, Areas, contains the list of approved viticultural areas. presented on a wine label in a context Washington, DC 20091–0221 (Attn: other than as the claimed appellation of Notice No. 8); What Is the Definition of an American • origin, then the use of such a 202–927–8525 (facsimile); Viticultural Area? viticultural area name is subject to the • [email protected] (e-mail); or • Title 27 CFR 4.25a(e)(1) defines an general prohibitions against misleading http://www.ttb.gov (An online American viticultural area as a representation in part 4 of the comment form is posted with this notice delimited grape-growing region regulations. on our Web site). distinguishable by geographic features San Bernabe and San Lucas Petitions You may view copies of this notice whose boundaries have been delineated and any comments received at http:// in subpart C of part 9. These We received two petitions proposing www.ttb.gov or by appointment at the designations allow consumers and (1) the establishment of a new ATF Reference Library, 650 vintners to attribute a given quality, viticultural area to be named San Massachusetts Avenue, NW., reputation, or other characteristic of Bernabe and (2) a realignment of the Washington, DC 20226; phone 202–927– wine made from grapes grown in an area adjacent, established San Lucas 7890. to its geographical origin. viticultural area. Both areas are located See the Public Participation section of in central Monterey County, California. this notice for specific instructions and What Is Required To Establish a The proposed San Bernabe viticultural requirements, and for information on Viticultural Area? area encompasses 24,796 acres, of how to request a public hearing. Section 4.25a(e)(2) outlines the which 7,636 acres are vineyard. The FOR FURTHER INFORMATION CONTACT: N. procedure for proposing an American petitioned realignment of the San Lucas A. Sutton, Specialist, Regulations and viticultural area. Anyone interested may viticultural area would transfer 1,281 Procedures Division (California), TTB, petition TTB to establish a grape- acres to the proposed San Bernabe
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viticultural area, create a common the proposed viticultural area of the Lockwood series soils dominate the boundary line between the two areas, same name. adjacent San Lucas viticultural area, and avoid overlapping of the viticultural The petitioner defines the proposed according to the petitioner. The areas. Claude Hoover of Delicato Family San Bernabe viticultural area proposed realignment area possesses a Vineyards, Monterey, California, filed boundaries on USGS maps by predominance of the wind-produced both petitions. connecting benchmarks, mountain eolian soils that contrast to the alluvial peaks, and other geographical features type soils of the San Lucas area. Above What Name Evidence Related to San with straight lines and by using several and west of the 700-foot contour line, Bernabe Has Been Provided? existing roads that follow the hilly the soils are derived from the shale- According to the 1991 publication of terrain and soil changes. based Santa Lucia Mountains. The ‘‘Monterey County Place Names, A The proposed San Bernabe bench soils along the east boundary are Geographical Dictionary,’’ by Donald viticultural area shares portions of its common to the Salinas River area. East Thomas Clark, Father Pedro Font, a west and southwest boundary lines with of the proposed viticultural area, the member of the California expedition of the surrounding Monterey viticultural Gabilan Mountain Range includes Spanish explorer DeAnza, documented area, which is also surrounded by the calcareous sandstone, shale, and the initial reference to San Bernabe on Central Coast viticultural area. If the siltstone, which come from a different March 8, 1776. He wrote in his diary, petitioned realignment is approved, the source material, according to the ‘‘we had passed a spur of the Sierra de proposed San Bernabe area will share its petitioner. southeast boundary with the San Lucas Santa Lucia * * * The road at first runs Climate through a spur of mountains, until it viticultural area. According to the descends to a wide valley called the petitioner, the transfer of 1,281 acres of The petitioner explains that the Can˜ ada de San Bernabe.’’ Eventually the the San Lucas viticultural area to the Salinas Valley forms a broad funnel for area became known as ‘‘Rancho San San Bernabe proposed viticultural area the strong, cool, afternoon marine winds Bernabe.’’ would better define the geographical coming off Monterey Bay during the The Thompson Canyon and San differences between the established San warm months. The winds are drawn Lucas USGS quadrangle maps Lucas and the proposed San Bernabe inland and south through the Salinas prominently identify the area as San viticultural areas and avoid splitting an Valley by rising, warm air and moderate Bernabe. The relevant Thomas Guide existing vineyard between viticultural the valley’s high and low temperatures labels this area Rancho San Bernabe. areas. to varying degrees, which produces a graduated effect within the Salinas The TopoZone map Web site identifies What Geographical Features Distinguish Valley. As a result, the proposed San this rural area as San Bernabe. San Bernabe From Other Areas? Bernabe area is warmer than viticultural The 13,000-acre San Bernabe The proposed San Bernabe areas to the north and that are closer to vineyard, with 7,636 acres planted to viticultural area is located immediately Monterey Bay and cooler than the grapes, sits almost entirely within the south of King City in the long Salinas adjoining San Lucas viticultural area to proposed new and realignment Valley. The approximately 9-mile-long the immediate south, according to the viticultural areas. The petitioner and 7-mile-wide proposed viticultural petition. explains that the small portion of the area occupies the valley floor and The moderating effect dissipates as vineyard estate outside these proposed rolling foothills from the Salinas River the winds travel inland, creating a series boundaries is unplanted and unsuitable west to the Santa Lucia Mountains. The of temperature-unique, grape-growing for grape cultivation. The San Bernabe petitioner explains the unique qualities areas within the long Salinas Valley. vineyard estate is recognized as the of the San Bernabe area include its San Bernabe, at 60 miles south of the largest continuous vineyard estate under climate, water quality, wind-produced Monterey Bay, averages a 30-degree a single ownership in the free world, eolian soils, and rolling hills. The daily temperature variation, while according to the petitioner. petitioner claims that the 1,281 acres Salinas, at 17 miles from the Monterey What Historical/Current Evidence proposed for realignment possess the Bay, averages an 18-degree daily Supports the Boundaries as Specified? similar eolian soils, rolling hills temperature variation, according to the topography, and the same irrigation petition. According to the 1991 ‘‘Monterey water quality of the petitioned San The cool night air helps retain the County Place Names, A Geographical Bernabe viticultural area. grapes’ acid and color, while the daily Dictionary,’’ the San Bernabe area land heat encourages ripeness and flavor. Soil grants were given to Jesus Molina in The petition states that the San Bernabe 1841 and in 1842 to Petronillo Rios. In Grapes grow below the 700-foot area averages 30 frost-days annually, 1842 Rios bought the Molina land grant elevation level on rolling hills in wind- while Salinas, closer to Monterey Bay, and the Rios family began raising cattle produced eolian soils, according to the averages only four frost-days. and crops on this land and producing petition. The Oceano, Garey, and Garey- According to the petitioner, most rain wine from their own grapes. The Rios Oceano complex eolian soil types, falls at the Salinas Valley’s extreme ranch, known as Rancho San Bernabe, which are well to excessively well- north and south ends. Less rain falls in eventually became a successful vineyard drained, dominate the petitioned San between, including the proposed and wine producing property. Bernabe viticultural area. The petitioner viticultural area. The petition states that According to the petitioner, in the states that small niches of alluvial soils, the San Bernabe area averages 13 inches 1970s Prudential-Southdown purchased derived from the shale-based Santa annual rainfall, while Salinas at the the San Bernabe acreage for vineyard Lucia Mountains, lie within the north end averages 17.5 inches, and development. The petitioner explains petitioned area and immediately to the Paso Robles at the south end averages 19 that in 1988 the Delicato family bought north and south of the proposed inches. the San Bernabe vineyard for its boundary lines. premium and super-premium wine The surrounding, larger Monterey Water Resources market potential. The San Bernabe viticultural area consists of only 1.6 The petitioner explains that irrigation vineyard estate occupies 52 percent of percent eolian soils, and the alluvial water is used extensively in the
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vineyards. The water comes from area (1) Thompson Canyon Quadrangle, How Can I Get Information About This reservoirs and contains small amounts California-Monterey County, 7.5 Minute Notice? of carbonates and nitrates, which Series, 1949 edition (photorevised You may view copies of the petition, benefits the grapevines and soil. Toward 1984); the proposed regulation, the appropriate the Monterey Bay, water quality (2) San Lucas Quadrangle, California- maps, and any comments received by declines as nitrate and carbonate levels Monterey County, 7.5 Minute Series, appointment at the ATF Reference increase, according to the petitioner. 1949 edition (photorevised 1984); Library, 650 Massachusetts Avenue, What San Lucas Boundary Descriptions (3) Espinosa Canyon Quadrangle, NW., Washington, DC 20226. You may Have Been Provided? California-Monterey County, 7.5 Minute also obtain copies at 20 cents per 8.5 11- Series, 1949 edition (photorevised inch page. Contact the ATF Librarian at We are considering the San Bernabe 1979); and the above address or telephone 202– petition and a revision of the north 927–7890 to schedule an appointment (4) Cosio Knob Quadrangle, boundary of the San Lucas viticultural or to request copies of comments. California-Monterey County, 7.5 Minute area as defined in 27 CFR 9.56 at the For your convenience, we will post Series, 1949 edition (photorevised same time. The proposed revision this notice and the comments received 1984). would reduce the San Lucas viticultural on the TTB Web site. All posted area from 34,642 to 33,361 acres, a loss The USGS publishes the two maps comments will show the names of of 3.5 percent, or 1,281 acres, which used to mark the boundaries of the San commenters but not street addresses, would be incorporated into the Lucas viticultural area’s proposed telephone numbers, or e-mail addresses. proposed San Bernabe viticultural area. realignment. The scale is 1:24,000, and We may also omit voluminous A series of high elevation boundary the maps are— attachments or material that we points establishes the San Lucas area (1) Espinosa Canyon Quadrangle, consider unsuitable for posting. In all north border and currently overlaps the California-Monterey County, 7.5 Minute cases, the full comment will be available south boundary line of the proposed Series, 1949 edition (photorevised in the ATF Reference Library. To access San Bernabe viticultural area. The San 1979); and the online copy of this notice, visit Lucas north boundary line bisects seven (2) San Lucas Quadrangle, California- http://www.ttb.gov and select of the petitioner’s vineyard blocks. ‘‘Alcohol,’’ then ‘‘Rules and Ninety percent of the large San Bernabe Monterey County, 7.5 Minute Series, 1949 edition (photorevised 1984). Regulations,’’ then ‘‘Notices of proposed vineyard estate is within the proposed rulemaking (Alcohol).’’ Select the ‘‘View San Bernabe viticultural area, and ten This proposed realignment area is an Comments’’ link under this notice percent is within the San Lucas angular strip of land in the northwest number to view the posted comments. viticultural area, according to the San Lucas viticultural area, adjacent to petitioner. Approval of the San Lucas the proposed San Bernabe viticultural How Should I Submit Comments? realignment would avoid a division of area. You may submit comments in any of this vineyard. Public Participation four ways. In support of the San Lucas boundary • By mail: You may send written revision, the petitioner indicates that Who May Comment on This Notice? comments to TTB at the address listed the soils in this area closely reflect the in the ADDRESSES section. We request comments from anyone sandy loam soils of the San Bernabe • By facsimile: You may submit interested. TTB is particularly interested area. The 1972 U.S. Department of comments by facsimile transmission to in whether the adjustment of the San Agriculture, Soil Conservation Service, 202–927–8525. Faxed comments must— Lucas viticultural area boundaries will Soil Survey of Monterey County map (1) Be on 8.5-by 11-inch paper; impact other vineyards or wineries. documents a change from the Oceano (2) Contain a legible, written Please support your comments with loamy sand and Garey sandy loam soils signature; and specific information about the proposed that dominate the San Bernabe area to (3) Be five or less pages long. This area’s name, growing conditions, or the Greenfield, Lockwood, and Metz limitation assures electronic access to boundaries. All comments must include soils that dominate the San Lucas area. our equipment. We will not accept your name and mailing address, The petitioner explains that the same faxed comments that exceed five pages. reference this notice number, and be climate and irrigation factors exist in the • By e-mail: You may e-mail legible and written in language proposed 1,281-acre realignment area comments to [email protected]. Comments acceptable for public disclosure. and the proposed new San Bernabe transmitted by electronic-mail must— viticultural area, as is demonstrated by Although we do not acknowledge (1) Contain your e-mail address; the petitioner’s uniform viticulture receipt, we will consider your (2) Reference this notice number on practices within the 13,000-acre comments if we receive them on or the subject line; and vineyard estate. before the closing date. We will (3) Be legible when printed on 8.5-by consider comments received after the 11-inch paper. What Maps Reflect the Boundaries of closing date if we can. We regard all • By online form: We provide a the Proposed San Bernabe Viticultural comments as originals. comment form with the online copy of Area and the Boundary Revision of the this notice on our Web site at http:// San Lucas Viticultural Area? Will TTB Keep My Comments Confidential? www.ttb.gov. Select ‘‘Alcohol,’’ then The petitioned new San Bernabe ‘‘Rules and Regulations,’’ then Notices viticultural area and the established San We do not recognize any submitted of proposed rulemaking (Alcohol).’’ Lucas viticultural area are located in material as confidential. All comments Select the ‘‘Send comments via email’’ Monterey County, California. Four are part of the public record and subject link under this notice number. USGS-published, 1:24,000 scale to disclosure. Do not enclose in your You may also write to the topographic maps define the boundaries comments any material you consider Administrator before the comment of the proposed San Bernabe viticultural confidential or inappropriate for closing date to ask for a public hearing. area. The maps are— disclosure. The Administrator reserves the right to
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determine, in light of all circumstances, 2. Subpart C is amended by adding (7) Proceed southwest in a straight whether a public hearing will be held. Section 9.ll to read as follows: line for 0.6 mile to the 595-foot peak, Section 13, in T21S and R8E (Espinosa Regulatory Analyses and Notices Subpart C—Approved American Canyon Quadrangle); then Does the Paperwork Reduction Act Viticultural Areas (8) Proceed southwest in a straight Apply to This Proposed Rule? § 9.ll San Bernabe line for 1.3 miles to the 788-foot peak, section 23, in T21S and R8E (Espinosa We propose no requirement to collect (a) Name. The name of the viticultural Canyon Quadrangle); then information. Therefore, the provisions area described in this section is ‘‘San (9) Proceed southwest in a straight of the Paperwork Reduction Act of 1995, Bernabe’’. line for 0.7 mile to the intersection of 44 U.S.C. 3507, and its implementing (b) Approved Maps. The appropriate the unimproved road and jeep trail, east regulations, 5 CFR part 1320, do not maps for determining the boundary of of the 73-degree longitudinal line, apply. the San Bernabe viticultural area are section 26, in T21S and R8E (Espinosa four 1:24,000 scale, USGS-published Does the Regulatory Flexibility Act Canyon Quadrangle); then Apply to This Proposed Rule? topographic maps. They are titled: (1) Thompson Canyon Quadrangle, (10) Proceed northwest in a straight We certify that this regulation, if California-Monterey County, 1949 line for 3.2 miles to the northwest adopted, will not have a significant (photorevised 1984). corner of section 16, in T21S and R8E economic impact on a substantial (2) San Lucas Quadrangle, California- (Espinosa Canyon Quadrangle); then number of small entities, including Monterey County, 1949 (photorevised (11) Proceed southwest in a straight small businesses. The proposal imposes 1984). line for 1.5 miles to the northeast corner no new reporting, recordkeeping, or (3) Espinosa Canyon Quadrangle, of section 19, in T21S and R8E (Cosio other administrative requirements. California-Monterey County, 1949 Knob Quadrangle); then The establishment of viticultural areas (photorevised 1979). (12) Proceed southwest in a straight represents neither our endorsement nor (4) Cosio Knob Quadrangle, line for 2.2 miles to the southwest approval of the quality of wine made California-Monterey County, 1949 corner of section 24, in T21S and R7E from grapes grown in the areas. Rather, (photorevised 1984). (Cosio Knob Quadrangle); then it is a system that identifies areas (c) Boundary. The proposed (13) Proceed north in a straight line distinct from one another. In turn, viticultural area is located in central for 2 miles to the northwest corner of identifying viticultural areas lets Monterey County, south of King City, section 13, in T21S and R7E (Cosio wineries describe more accurately the California, and west of highway 101. Knob Quadrangle); then origin of their wines to consumers and The point of beginning is benchmark (14) Proceed east in a straight line for helps consumers identify the wines they 304, located one-half mile southwest of 1 mile to the northeast corner of section purchase. Thus, any benefit derived King City, along the Salinas River, in 13, in T21S and R7E (Cosio Knob from using a viticultural area name Township 20 South (T20S) and Range 8 Quadrangle); then results from the proprietor’s efforts and East (R8E) (Thompson Canyon (15) Proceed north in a straight line consumer acceptance of wines from that Quadrangle); then for 2 miles, along the R7E and R8E area. Therefore, no regulatory flexibility (1) Proceed southeast in a straight line common boundary line, to the analysis is required. for 2.35 miles to benchmark 304, at the northwest corner of section 6, in T21S and R8E (Thompson Canyon Is This Proposed Rule a Significant intersection of a trail and the 300-foot Quadrangle); then Regulatory Action? contour line, between highway 101 and the Salinas River, in T20S and R8E (San (16) Proceed east in a straight line for This proposed rule is not a Lucas Quadrangle); then 0.1 mile to the southwest corner of ‘‘significant regulatory action’’ as (2) Proceed southeast in a straight line section 31 and continue diagonally to defined by Executive Order 12866. for 2.9 miles to benchmark 336, between the northeast corner of section 31, in Therefore, no regulatory assessment is highway 101 and the Salinas River, in T20S and R8E (Thompson Canyon required. T20S and R8E (San Lucas Quadrangle); Quadrangle); then Drafting Information then (17) Proceed west in a straight line for (3) Proceed southeast in a straight line 2 miles to the southwest corner of The principal author of this document for 3 miles to benchmark 340, between section 25, in T20S and R7E (Thompson is N. A. Sutton (California), and the U.S. highway 101 and the Salinas River, Canyon Quadrangle); then editor is Jane R. Stefanik (Washington, in T21S and R9E (San Lucas (18) Proceed due north in a straight DC), Regulations and Procedures Quadrangle); then line for 0.1 mile to the intersection with Division, Alcohol and Tobacco Tax and (4) Proceed south in a straight line for a light duty road, named Pine Canyon Trade Bureau. 0.8 mile to the intersection of the Road, in section 25, and continue List of Subjects in 27 CFR Part 9 Salinas River and the highway 198 northeast along that road for 3.2 miles to its intersection with an unnamed Wine. bridge, in T21S and R9E (Espinosa Canyon Quadrangle); then secondary highway, north of benchmark Authority and Issuance (5) Proceed southwest along highway 337, section 18, in T20S and R8E Title 27, Code of Federal Regulations, 198 for 0.6 mile to its intersection with (Thompson Canyon Quadrangle); then Part 9, American Viticultural Areas, is an unnamed light duty road, in T21S (19) Proceed northwest along the proposed to be amended as follows: and R9E (Espinosa Canyon Quadrangle); unnamed secondary highway for 0.3 then mile to its intersection with highway PART 9—AMERICAN VITICULTURAL (6) Proceed northwest, followed by 101, in T20S and R8E (Thompson AREAS southwest, about 1.2 miles along the Canyon Quadrangle); then meandering, unnamed, light duty road (20) Proceed northeast along highway 1. The authority citation for part 9 to its intersection with the fork of an 101 for 0.7 mile to benchmark 304, continues to read as follows: intermittent stream, in T21S and R8E returning to the point of beginning Authority: 27 U.S.C. 205. (Espinosa Canyon Quadrangle); then (Thompson Canyon Quadrangle).
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3. Amend section 9.56, San Lucas concerning buoys, sound signals, do so, please include your name and viticultural area, to revise paragraphs international rules at sea, address, identify the docket number for (c)(24) and (c)(25) and add paragraphs communications procedures, and large this rulemaking (USCG–2001–10714), (c)(26) and (c)(27) to read as follows: navigational buoys, and by rewriting indicate the specific section of this some regulations to make them clearer document to which each comment § 9.56 San Lucas and gender-neutral. The proposed applies, and give the reason for each * * * * * changes would update existing rules to comment. You may submit your (c) Boundary. *** reflect current practices and make them comments and material by mail, hand (24) Then northeasterly easier to understand. delivery, fax, or electronic means to the approximately 1.3 miles to the 595-foot DATES: Comments and related material promontory, section 13, T. 21 S., R. 8 E. Docket Management Facility at the must reach the Docket Management address under ADDRESSES; but please (Espinosa Canyon Quadrangle); Facility on or before August 12, 2003. (25) Then northeasterly submit your comments and material by approximately 0.6 mile to the ADDRESSES: To make sure that your only one means. If you submit them by intersection of a meandering, unnamed, comments and related material are not mail or hand delivery, submit them in light duty road and the fork of an entered more than once in the docket, an unbound format, no larger than 81⁄2 intermittent stream, then continues please submit them by only one of the by 11 inches, suitable for copying and meandering northeasterly, followed by following means: electronic filing. If you submit them by southeasterly, approximately 1.1 miles (1) By mail to the Docket Management mail and would like to know that they to its intersection with an unnamed, Facility (USCG–2001–10714), U.S. reached the Facility, please enclose a light duty road south of the windmill, Department of Transportation, room PL– stamped, self-addressed postcard or T. 21 S., R. 8 E. (Espinosa Canyon 401, 400 Seventh Street, SW., envelope. We will consider all Quadrangle); Washington, DC 20590–0001. comments and material received during (26) Then northeasterly along the (2) By delivery to room PL–401 on the the comment period. We may change unnamed road approximately 0.6 mile Plaza level of the Nassif Building, 400 this proposed rule in view of them. to its intersection with the Salinas Seventh Street, SW., Washington, DC, River, then continues 0.8 mile north in between 9 a.m. and 5 p.m., Monday Public Meeting a straight line to benchmark 340, through Friday, except Federal holidays. The telephone number is 202–366– We do not now plan to hold a public between highway 101 and the Salinas meeting. But you may submit a request River, in T. 21 S., R. 9 E. (San Lucas 9329. (3) By fax to the Docket Management for one to the Docket Management Quadrangle); Facility at the address under ADDRESSES (27) Then approximately 0.4 mile Facility at 202–493–2251. (4) Electronically through the Web explaining why one would be northwesterly in a straight line to the site for the Docket Management System beneficial. If we determine that one intersection with a water tank, then at http://dms.dot.gov. would aid this rulemaking, we will hold continues northeasterly in a straight line The Docket Management Facility one at a time and place announced by approximately 0.7 mile, and returns to maintains the public docket for this a later notice in the Federal Register. the point of beginning in the northwest rulemaking. Comments and material corner of section 5, in T. 21 S., R. 9 E. received from the public, as well as Background and Purpose (San Lucas Quadrangle). documents mentioned in this preamble The Coast Guard’s Office of Short- Signed: April 29, 2003. as being available in the docket, will Range Aids to Navigation frequently Arthur J. Libertucci, become part of this docket and will be reviews the rules on Aids to Navigation. Administrator. available for inspection or copying at During our most recent review, we [FR Doc. 03–11970 Filed 5–13–03; 8:45 am] room PL–401 on the Plaza level of the found that many rules do not reflect BILLING CODE 4810–31–P Nassif Building, 400 Seventh Street, current technologies and practices. For SW., Washington, DC, between 9 a.m. example, what we formerly called ‘‘fog and 5 p.m., Monday through Friday, signals,’’ we now call ‘‘sound signals.’’ except Federal holidays. You may also DEPARTMENT OF HOMELAND Also, we want to inform users that find this docket on the Internet at SECURITY certain safety information, such as http://dms.dot.gov. ‘‘Notice to Mariners’’ can now be found Coast Guard FOR FURTHER INFORMATION CONTACT: If on the World Wide Web. Therefore, the you have questions on this proposed Assistant Commandant for Operations 33 CFR Parts 62, 66, 67, and 72 rule, contact Mr. Dan Andrusiak, Project proposes to update our aids to Manager, Program Management [USCG–2001–10714] navigation rules and to eliminate any Division, Office of Short-Range Aids to ambiguous or confusing language in RIN 1625–AA34 (Formerly RIN 2115–AG25) Navigation (G–OPN), Coast Guard, them. telephone 202–267–0327 (email: Update of Rules on Aids to Navigation [email protected]). Discussion of Proposed Rule Affecting Buoys, Sound Signals, If you have questions on viewing or International Rules at Sea, submitting material to the docket, call The regulations we propose to revise Communications Procedures, and Ms. Dorothy Beard, Chief, Dockets, are in 33 CFR parts 62, 66, 67 and 72. Large Navigational Buoys Department of Transportation, Our discussion of our proposed AGENCY: Coast Guard, DHS. telephone 202–366–5149. revisions are presented below under the four corresponding subject area ACTION: Notice of proposed rulemaking. SUPPLEMENTARY INFORMATION: headings: United States Aids to SUMMARY: The Coast Guard proposes to Request for Comments Navigation System, Private Aids to revise its aids to navigation and We encourage you to participate in Navigation, Aids to Navigation on maritime information regulations by this rulemaking by submitting Artificial Islands and Fixed Structures, updating technical information comments and related material. If you and Marine Information.
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United States Aids to Navigation Aids to Navigation on Artificial Islands Marine Information System and Fixed Structures Local Notice to Mariners. We propose Large navigational buoys. We propose Throughout 33 CFR part 67, we to add a note to § 72.01–5 to inform the to remove § 62.39 because the Coast propose to replace the term ‘‘fog reader of a Web address where an Guard no longer uses the large signals’’ with ‘‘sound signals’’ to reflect electronic version of ‘‘Local Notice to navigational buoys described in that current usage. These signals alert Mariners’’ can be located. section. We now use the Differential operators to many environmental Notice to Mariners. We propose to add Global Positioning System (DGPS) for conditions, not just fog. a Web address note to § 72.01–10 to navigational assistance. General requirements. We propose to inform the reader where an electronic Maritime radiobeacon system. We make §§ 67.01–10, 67.01–15, 67.01–20, version of ‘‘Notice to Mariners’’ can be propose to remove subpart C (Maritime and 67.05–1 gender-neutral. In addition, located. Radiobeacons) of 33 CFR part 62. The we proposed to revise the first three of Free distribution of Light List. We sections in it, §§ 62.55, 62.57, 62.59, and these sections to clarify the roles of propose to add a note to § 72.05–10 to 62.61, describe a radiobeacon system agency personnel. inform the reader of a Web address that has been replaced by DGPS. where an electronic version of Coast Classification of structures. As part of Procedures for reporting defects and Guard Light List data may be obtained. our proposed clarification of § 67.01–15, discrepancies. We propose to revise classification of structures, we plan to Regulatory Evaluation § 62.65(c)(2) by removing the last consolidate common language repeated sentence that allows the use of collect This proposed rule is not a in six district regulations in subpart calls. Because there are so many ways ‘‘significant regulatory action’’ under 67.50 into this one section applicable to to reach the Coast Guard, this collect section 3(f) of Executive Order 12866, all of part 67. By moving this call option is no longer necessary. Regulatory Planning and Review, and commonly-shared classification of does not require an assessment of Private Aids to Navigation structures language to § 67.01–15, we potential costs and benefits under Application procedure. In § 66.01– will be able to delete this repetitive section 6(a)(3) of that Order. The Office 5(g) we propose to remove the term ‘‘fog language from §§ 67.50–5, 67.50–15, of Management and Budget has not signals’’ and add, in its place, the term 67.50–20, 67.50–30, 67.50–45, and reviewed it under that Order. It is not ‘‘sound signals’’ to reflect current usage. 67.50–50. ‘‘significant’’ under the regulatory These signals alert operators to many Lights and signals on attendant policies and procedures of the environmental conditions besides fog vessels. We propose to revise § 67.15–1 Department of Homeland Security that reduce visibility—for example, by correcting a U.S. Code citation and (DHS). mist, rain, falling snow, smoke, and adding new authority references. Cost of Rule. The proposed rule dust. Spoil Banks, artificial islands, and would impose no costs either on owners State waters for private aids to dredged channels marking and operators of aids to navigation or on navigation; designations; revisions, and requirements. We propose to revise owners and operators of vessels on revocations. We propose to make the § 67.15–10(b) to establish that the waters subject to the jurisdiction of the language in § 66.05–10 gender-neutral. District Commander would both review United States. Some owners and Change and modification of State aids applications and issue permits. operators, however, may need to update to navigation. We propose to make the Class A and B requirements. We contact information in their files, which language in § 66.05–25 gender-neutral. propose to make the language in is a normal business practice and We also propose to remove the word §§ 67.20–10 and 67.25–10 gender- therefore the cost is negligible. ‘‘preferably’’ to give a definitive neutral and to change the term ‘‘fog Benefits of the Rule. The proposed deadline for the State Administrator to signal’’ to ‘‘sound signal’’. rule would update various technical inform the District Commander of the Obstruction lights. We propose to references to incorporate improvements need for a change in the State aids to revise § 67.30–5(a) to replace an old in technology and practices. The rule navigation. address with a current one. would also rewrite some sections to Notice to Mariners. We propose to Fog Signals. We propose to revise make them easier to understand and to make § 66.05–30 gender-neutral. § 67.30–10, including its heading, to reflect gender-neutral language. We Designation of navigable waters as change the term ‘‘fog signal’’ to ‘‘sound expect that this proposed rule would State waters for private aids to signal’’. improve operational efficiency and navigation. In § 66.05–100(e), for clarity, boater’s safety. we propose to change the reference to Notification to District Commander. ‘‘Each navigable water’’ to simply We propose to make the language in Small Entities ‘‘Navigable waters’’. § 67.40–1 gender-neutral. We also Under the Regulatory Flexibility Act Uniform State waterway aids to propose to allow those constructing (5 U.S.C. 601–612), we have considered navigation. In § 66.10–15, we propose to structures an additional means of whether this proposed rule would have make paragraphs (b), (c), (e)(1), and notifying the District Commander that a significant economic impact on a (e)(3) gender-neutral. And we propose to construction has commenced. We substantial number of small entities. remove the editorial note for § 66.10–15. currently require notice by telegram. We The term ‘‘small entities’’ comprises This note points out that the heading of propose to add the option of notification small businesses, not-for-profit amendatory instruction no. 16 at 63 FR via overnight mail. organizations that are independently 33574, June 19, 1998, referred to a non- Notification waivers. We propose to owned and operated and are not existent § 66.19–15; the heading should make the language in § 67.40–5 gender- dominant in their fields, and have read ‘‘§ 66.10–15 Aids to neutral. governmental jurisdictions with navigation.’’ This NPRM serves to Charges for marking structures populations of less than 50,000. This document that error and eliminate the invoiced to owner. We propose to revise proposed rule would update technical need for maintaining this distracting § 67.40–20 to change the term ‘‘fog information to reflect current practices note in the CFR. signal’’ to ‘‘sound signal’’. and to rewrite some sections for clarity.
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Therefore, the Coast Guard certifies Federal agencies to assess the effects of does not require a Statement of Energy under 5 U.S.C. 605(b) that this proposed their discretionary regulatory actions. In Effects under Executive Order 13211. rule would not have a significant particular, the Act addresses actions Environment economic impact on a substantial that may result in the expenditure by a number of small entities. If you think State, local, or tribal government, in the We have considered the that your business, organization, or aggregate, or by the private sector of environmental impact of this proposed governmental jurisdiction qualifies as a $100,000,000 or more in any one year. rule and concluded under figure 2–1, small entity and that this rule would Though this proposed rule would not paragraph (34)(a), of Commandant have a significant economic impact on result in such an expenditure, we do Instruction M16475.1D, this rule is it, please submit a comment to the discuss the effects of this rule elsewhere categorically excluded from further Docket Management Facility at the in this preamble. environmental documentation. A address under ADDRESSES. In your Taking of Private Property ‘‘Categorical Exclusion Determination’’ comment, explain why you think it is available in the docket where qualifies and how and to what degree This proposed rule would not effect a indicated under ADDRESSES. this rule would economically affect it. taking of private property or otherwise have taking implications under List of Subjects Assistance for Small Entities Executive Order 12630, Governmental 33 CFR Part 62 Under section 213(a) of the Small Actions and Interference with Business Regulatory Enforcement Constitutionally Protected Property Navigation (water). Fairness Act of 1996 (Pub. L. 104–121), Rights. 33 CFR Part 66 we want to assist small entities in Civil Justice Reform understanding this proposed rule so that Intergovernmental relations, they can better evaluate its effects on This proposed rule meets applicable Navigation (water), Reporting and them and participate in the rulemaking. standards in sections 3(a) and 3(b)(2) of recordkeeping requirements. If the rule would affect your small Executive Order 12988, Civil Justice business, organization, or governmental Reform, to minimize litigation, 33 CFR Part 67 eliminate ambiguity, and reduce jurisdiction and you have questions Continental shelf, Navigation (water), burden. concerning its provisions or options for Reporting and recordkeeping compliance, please consult Dan Protection of Children requirements. Andrusiak, Program Management Division, Office of Aids to Navigation, We have analyzed this proposed rule 33 CFR Part 72 Coast Guard, telephone 202–267–0327 under Executive Order 13045, (email: [email protected]). Protection of Children from Government publications, Navigation Small businesses may send comments Environmental Health Risks and Safety (water). on the actions of Federal employees Risks. This rule is not an economically For the reasons discussed in the who enforce, or otherwise determine significant rule and would not create an preamble, the Coast Guard proposes to compliance with, Federal regulations to environmental risk to health or risk to amend 33 CFR parts 62, 66, 67, and 72 the Small Business and Agriculture safety that might disproportionately as follows: Regulatory Enforcement Ombudsman affect children. PART 62—UNITED STATES AIDS TO and the Regional Small Business Indian Tribal Governments Regulatory Fairness Boards. The NAVIGATION SYSTEM Ombudsman evaluates these actions This proposed rule does not have annually and rates each agency’s tribal implications under Executive 1. The authority citation for part 62 responsiveness to small business. If you Order 13175, Consultation and continues to read as follows: wish to comment on actions by Coordination with Indian Tribal Authority: 14 U.S.C. 85; 33 U.S.C. 1233; 43 employees of the Coast Guard, call 1– Governments, because it would not have U.S.C. 1333; Department of Homeland 888–REG–FAIR (1–888–734–3247). a substantial direct effect on one or Security Delegation No. 0170. more Indian tribes, on the relationship Collection of Information between the Federal government and § 62.39 [Removed] This proposed rule would call for no Indian tribes, or on the distribution of 2. Remove § 62.39. new collection of information under the power and responsibilities between the Federal government and Indian tribes. §§ 62.55–62.61 (Subpart C) [Removed and Paperwork Reduction Act of 1995 (44 Reserved] U.S.C. 3501–3520). Energy Effects 3. Remove and reserve subpart C, Federalism We have analyzed this proposed rule consisting of §§ 62.55 through 62.61. A rule has implications for federalism under Executive Order 13211, Actions under Executive Order 13132, Concerning Regulations That § 62.65 [Amended] Federalism, if it has a substantial direct Significantly Affect Energy Supply, 4. In § 62.65, in paragraph (c)(2), effect on State or local governments and Distribution, or Use. We have remove the last sentence. would either preempt State law or determined that it is not a ‘‘significant impose a substantial direct cost of energy action’’ under that order because PART 66—PRIVATE AIDS TO compliance on them. We have analyzed it is not a ‘‘significant regulatory action’’ NAVIGATION this proposed rule under that Order and under Executive Order 12866 and is not have determined that it does not have likely to have a significant adverse effect 5. The authority citation for part 66 implications for federalism. on the supply, distribution, or use of continues to read as follows: energy. It has not been designated by the Unfunded Mandates Reform Act Authority: 14 U.S.C. 83, 85; 43 U.S.C. Administrator of the Office of 1333; Pub. L. 107–296, 116 Stat. 2135; The Unfunded Mandates Reform Act Information and Regulatory Affairs as a Department of Homeland Security Delegation of 1995 (2 U.S.C. 1531–1538) requires significant energy action. Therefore, it No. 0170.
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§ 66.01–5 [Amended] their place, respectively, the words the farthest distance. Structures closest 6. In § 66.01–5(g), remove the word ‘‘sound signal’’ and ‘‘sound signals’’ in to shore are likely to be assigned to ‘‘fog,’’ and add in its place, the word the following places: Class C and, while subject to ‘‘sound.’’ a. Section 67.01–1 (a); requirements to ensure that they are also b. Section 67.01–5 (e) and (f), detectable from a safe distance away, § 66.05–10 [Amended] including the section heading for (f); will be required to have the least 7. In § 66.05–10— c. Subpart 67.10, subpart heading; powerful obstruction lights or sound (a) In paragraph (c), wherever the d. Sections 67.10–1 introductory text; signals. The location and standards for word ‘‘his’’ appears, remove it; and e. Section 67.10–5 introductory text; Class B structures will generally be in (b) In paragraph (e), in the first f. Section 67.10–10 (a) introductory between Class A and C structures. sentence, add the words ‘‘or her’’ text, (a)(3) and (b); (c) What criteria will be used to immediately after the word ‘‘his’’, and g. Section 67.10–15, section heading, classify structures? When assigning a add the word ‘‘or her’’ immediately after paragraphs (a) introductory text, (a)(1), structure to a class, the District the words ‘‘by him.’’ (a)(2), and (b); Commander will take into consideration § 66.06–25 [Amended] h. Section 67.10–20, section heading, whether a line of demarcation has been paragraphs (a) introductory text, and 8. Amend § 66.05–25 to read as prescribed, and matters concerning, but (a)(3); follows: not necessarily limited to, the i. Section 67.10–25 introductory text dimensions of the structure and the § 66.05–25 Change and modification of and (a)(2); depth of water in which it is located, the State aids to navigation. j. Section 67.10–30; proximity of the structure to vessel Wherever a State Administrator k. Section 67.10–35(a) and (b); routes, the nature and amount of vessel determines the need for change in State l. Section 67.10–40, section heading traffic, and the effect of background aids to navigation, he or she must and text; lighting. inform the District Commander of the m. Section 67.20–10, section heading, (1) If a line of demarcation has been nature and extent of the changes, as and paragraphs (a)(1), (a)(2) and (b); prescribed, the District Commander will soon as possible, but not less than 30 n. Section 67.25–10, section heading, assign those structures seaward of the days in advance of making the changes. paragraphs (a)(1), (a)(2), (b) introductory line of demarcation to Class A. He or text, (b)(2), and (c)(1); she will assign all structures shoreward § 66.05–30 [Amended] o. Section 67.30–10, section heading, of the line of demarcation to either Class 9. In § 66.05–30 revise paragraph (a) paragraphs (a) introductory text, (b), (c), B or Class C, unless the District to read as set forth below. (d) introductory text and (d)(2); q Commander determines under § 67.05– p. Section 67.35–1(b); § 66.05–30 Notice to Mariners. 25 that the structure should be assigned q. Section 67.35–5(b); (a) To improve public safety, the to Class A because of the structure’s r. Section 67.40–1(a); proximity to a navigable channel, District Commander may publish s. Section 67.40–5(b); information concerning State aids to fairway or line of demarcation. t. Section 67.40–20; and (2) If a line of demarcation has not navigation, including regulatory u. Section 67.50–25(f). markers, in the Coast Guard Local been prescribed, the District Notices to Mariners. § 67.01–10 [Amended] Commander will assign a structure to Class A, B, or C as he or she deems * * * * * 14. Amend § 67.01–10 to read as follows: appropriate. § 66.05–100 [Amended] 16. Amend § 67.01–20 to read as 10. In § 66.05–100, in paragraph (e), § 67.01–10 Delegation of functions. follows: remove the words ‘‘Each navigable The Coast Guard District Commander § 67.01–20 Prescribing lines of water’’ and add, in their place, the may delegate the authority for demarcation. words ‘‘Navigable waters.’’ performing inspections, enforcement, and administration of regulations to any The District Commander sends § 66.10–15 [Amended] civilian or military position in the Coast recommendations for establishing or 11. In § 66.10–15— Guard. changing lines of demarcation to the a. In paragraphs (b) and (c), in the last Commandant. For the purposes of this sentence, remove the word ‘‘he’’ and § 67.01–15 [Amended] part, when the Commandant approves add, in its place, the words ‘‘the user’’, 15. Amend § 67.01–15 to read as of additions to or changes in prescribed b. In paragraphs (e)(1), (e)(2) and follows: lines of demarcation, such additions or (e)(3), remove the word ‘‘he’’ and add, changes will be published in the in its place, the words ‘‘the operator’’. § 67.01–15 Classification of structures. Federal Register and will become (a) When will structures be assigned to effective on the date specified in that PART 67—AIDS TO NAVIGATION ON a Class? The District Commander will publication. ARTIFICIAL ISLANDS AND FIXED assign structures to Class A, B, or C as STRUCTURES part of processing an application for a § 67.05–1 [Amended] permit to establish and operate lights 12. The authority citation for part 67 17. In § 67.05–1(f), immediately after and sound signals. continues to read as follows: the words, ‘‘the angle of the approach, (b) In general, where will the different until’’, remove the word ‘‘he’’, and add, Authority: 14 U.S.C. 85, 633; 43 U.S.C. classes of structures be located? Specific in its place, the words, ‘‘the mariner’’. 1333; Department of Homeland Security criteria in paragraph (c) of this section Delegation No. 0170. may create exceptions, but in general § 67.10–10 [Amended] PART 67—[AMENDED] structures the farthest from shore are 18. In addition to amendments set likely to be assigned to Class A and forth in the nomenclature instruction 13. In part 67, remove the words ‘‘fog required to have obstruction lights and above, in § 67.10–10, remove the third signal’’ and ‘‘fog signals’’ and add, in sound signals that can be detected from word (‘‘fog’’) in paragraph (a)(3).
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§ 67.15–1 [Amended] construction. Within this notice, they 30. In § 72.05–10, add a note at the 19. Amend § 67.15–1 to read as must inform him or her of the lights and end of the section that reads as follows: follows: sound signals they will use during construction.’’ § 72.05–10 Free Distribution. § 67.15–1 Lights and signals on attendant * * * * * vessels. § 67.40–5 [Amended] Note to § 72.05–10: You may also access The requirements prescribed by this 25. In addition to amendments set Coast Guard Light List data through the part apply to structures. The barges, forth in the nomenclature instruction following National Imagery and Mapping vessels, and other miscellaneous above, in § 67.40–5— Agency Web site (http://pollux.nss.nima.mil/ floating plants in attendance must a. In paragraph (a), add the words ‘‘or pubs/USCGLL/pubsljluscgllllist.) display lights and signals under the her’’ immediately after the words International Navigational Rules Act of ‘‘whenever, in his’’, and Dated: May 5, 2003. 1977 (33 U.S.C. 1601–1608) that b. In paragraph (b), add the words ‘‘or David S. Belz, adopted the International Regulations she’’ immediately after the words Rear Admiral, U.S. Coast Guard, Assistant for Preventing Collisions at Sea, 1972 ‘‘marine navigation, he’’ and add the Commandant for Operations. (72 COLREGS), or the Inland words ‘‘or her’’ immediately after the [FR Doc. 03–11987 Filed 5–13–03; 8:45 am] Navigational Rules Act of 1980 (33 words ‘‘revoke or revise his’’. BILLING CODE 4910–15–P U.S.C. 2001–2038). When vessels are 26. In §§ 67.50–5 (b), 67.50–15 (b), fixed to or submerged onto the seabed, 67.50–20 (b), 67.50–30 (b), 67.50–35 (b), however, they become structures as 67.50–45 (b), and 67.50–50 (b), remove DEPARTMENT OF TRANSPORTATION described in § 67.01–5. the sentences: ‘‘The District Commander § 67.15–10 [Amended] shall assign structures to classes as he Surface Transportation Board 20. Amend § 67.15–10(b) to read as deems appropriate at the time of follows: application for a permit to establish and 49 CFR Part 1137 operate lights and fog signals. In so § 67.15–10 Spoil banks, artificial islands, doing, he shall take into consideration [STB Ex Parte No. 637 (Sub–No. 1)] and dredged channels. matters concerning, but not necessarily * * * * * limited to, the dimensions of the Removal of Divisions of Revenue (b) To receive a permit to establish structure and the depth of water in Regulations and maintain a private aid to navigation which it is located; the proximity of the for the purposes described in paragraph structure to vessel routes; the nature and AGENCY: Surface Transportation Board, (a) of this section, submit your amount of vessel traffic; and the effect DOT. application to the District Commander. of background lighting.’’ ACTION: Notice of proposed rulemaking; correction of prior document. The District Commander will review all CHAPTER I—COAST GUARD, applications and issue all permits. DEPARTMENT OF HOMELAND SECURITY 21. In addition to amendments set SUMMARY: The Surface Transportation Board (Board) is correcting its prior forth in the nomenclature instruction PART 72—MARINE INFORMATION above, in § 67.20–10, in paragraph (b), document by adding an ADDRESSES add the words ‘‘or she’’ immediately 27. The authority citation for part 72 caption. after the words ‘‘of this section, if he’’. continues to read as follows: DATES: Comments are due June 5, 2003. 22. In addition to amendments set Authority: 14 U.S.C. 85, 633; 43 U.S.C. ADDRESSES: Send an original and 10 forth in the nomenclature instruction 1333; Department of Homeland Security copies of comments referring to ‘‘Ex above, in § 67.25–10, in the introductory Delegation No. 0170. Parte No. 637 (Sub-No. 1)’’ to: Surface text of paragraph (c), add the words ‘‘or § 72.01–5 [Amended] Transportation Board, 1925 K Street, she’’ immediately after the words ‘‘of NW., Washington, DC 20423–0001. this section, if he’’. 28. In § 72.01–5, add a note at the end of the section that reads as follows: FOR FURTHER INFORMATION CONTACT: John § 67.30–5 [Amended] Sado, (202) 565–1661. [Federal 23. In § 67.30–5, in paragraph (a), § 72.01–5 Local Notice to Mariners. Information Relay Service for the remove the address ‘‘Naval Supply * * * * * hearing impaired: 1–800–877–8339.] Depot, 5801 Tabor Avenue, Note to § 72.01–5: You may also access SUPPLEMENTARY INFORMATION: On May 6, Philadelphia, Pa. 19120.’’ and add, in its Local Notice to Mariners free of charge on the 2003, at 68 FR 23947–23948, the Board place, the following address: Internet from the Coast Guard Navigation published a notice of proposed ‘‘Document Automation and Production website (http://www.navcen.uscg.gov/); look rulemaking in this proceeding seeking Service, 700 Robbins Avenue, Building for ‘‘Local Notice to Mariners’’. comments but inadvertently omitting 4, Section D, Philadelphia, PA 19111– the ADDRESSES caption. The Board is 5091.’’ § 72.01–10 [Amended] here correcting that omission by 29. In § 72.01–10, add a note at the including the relevant address § 67.40–1 [Amended] end of the section that reads as follows: information. 24. In addition to amendments set forth in the nomenclature instruction § 72.01–10 Notice to Mariners. Dated: May 8, 2003. above, in § 67.40–1(a), remove the * * * * * By the Board, Vernon A. Williams, second sentence, and add, in its place, Secretary. Note to § 72.01–10: You may also access Vernon A. Williams, the two following sentences: ‘‘Persons Notice to Mariners through the National constructing structures must notify the Imagery and Mapping Agency website (http:/ Secretary. District Commander by either telegram /pollux.nss.nima.mil); look for ‘‘U.S. Notice [FR Doc. 03–12001 Filed 5–13–03; 8:45 am] or overnight mail on the day they begin to Mariners’’. BILLING CODE 4915–00–P
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Notices Federal Register Vol. 68, No. 93
Wednesday, May 14, 2003
This section of the FEDERAL REGISTER SUMMARY: The Shasta County Resource 8339 and providing the Service with the contains documents other than rules or Advisory Committee (RAC) will meet on conference call number and access code. proposed rules that are applicable to the May 28, 2003, in Anderson, CA. The public. Notices of hearings and investigations, To ensure that the Commission purpose of the meeting will be to secures an appropriate number of lines committee meetings, agency decisions and receive updates about funded projects, rulings, delegations of authority, filing of for the public, persons are asked to petitions and applications and agency to form working committees, and the register by contacting Phillip Montez, of future of RAC appointments. statements of organization and functions are the Western Regional Office, (213) 894– examples of documents appearing in this DATES: The meeting will be held on May 3437, by 3 p.m. on Tuesday, May 20, section. 28, 2003, from 8 a.m. to noon. 2003. ADDRESSES: The meeting will be held at The meeting will be conducted Sierra Pacific Industries, 19794 pursuant to the provisions of the rules DEPARTMENT OF AGRICULTURE Riverside Avenue, Anderson, CA—off and regulations of the Commission. Forest Service Oxyoke Road between Interstate-5 and Highway 273. Dated in Washington, DC, April 24, 2003. Deschutes Provincial Advisory FOR FURTHER INFORMATION CONTACT: Deb Ivy L. Davis, Committee (DPAC); Meeting Romberger, Designated Federal Official, Chief, Regional Programs Coordination Unit. USDA Forest Service, (530) 336–5521. AGENCY: Forest Service, USDA. [FR Doc. 03–11968 Filed 5–13–03; 8:45 am] E-mail: [email protected]. ACTION: Notice of meeting. BILLING CODE 6335–01–P SUPPLEMENTARY INFORMATION: The SUMMARY: The Deschutes Advisory meeting is open to the public. Committee will meet on June 11th, 2003 Discussion is limited to Forest Service COMMISSION ON CIVIL RIGHTS starting at 9 a.m. at the Jefferson County staff and committee members. However, Firehall on the corner of Adam and ‘‘J’’ time will be provided for public input, Agenda and Notice of Public Meeting Street in Madras, Oregon. Agenda items giving individuals the opportunity to of the New Jersey Advisory Committee will include a presentation on the address the committee. Notice is hereby given, pursuant to Deschutes National Forest Recreation Dated: May 7, 2003. Initiative, Update on the status of the the provisions of the rules and J. Sharon Heywood, Aquatic Conservation Strategy and regulations of the U.S. Commission on Survey and Management Supplemental Forest Supervisor. Civil Rights, that a meeting of the New EISs, Update on the Upper Deschutes [FR Doc. 03–11973 Filed 5–13–03; 8:45 am] Jersey Advisory Committee to the Resource Management Plan and BILLING CODE 3410–11–M Commission will convene at 10 a.m. and Metolious Basin Subcommittees, adjourn at 4:30 p.m. on Tuesday, May Rechartering, Wrap up of the 2002 13, 2003, at the New Jersey State House, NWFP monitoring, and a briefing on the COMMISSION ON CIVIL RIGHTS 125 W. State Street, Room 1, Trenton, NJ new Stewardship Contract authority. 08625. The purpose of this meeting is to The remainder of the day will include Agenda and Notice of Public Meeting of the Idaho Advisory Committee review status of current activity, plan info sharing and a Public Forum from 4 new projects, and receive briefings from p.m. till 4:30 pm. All Deschutes Notice is hereby given, pursuant to invited speakers on civil rights Province Advisory Committee Meetings the provisions of the rules and developments in the state. are open to the public. regulations of the U.S. Commission on Persons desiring additional FOR FURTHER INFORMATION CONTACT: Civil Rights, that a conference call of the information, or planning a presentation Chris Mickle, Province Liaison, Idaho Advisory Committee to the to the Committee, should contact Ki- Deschutes NF, Crescent RD, P.O. Box Commission will convene at 11 a.m. and Taek Chun, Director of the Eastern 208, Crescent, OR 97754, Phone (541) adjourn at 12 p.m. (m.d.t.) on Regional Office, 202–376–7533 (TDD 433–3216. Wednesday May 21, 2003. 202–376–8116). Hearing-impaired This conference call is available to the Dated: May 7, 2003. persons who will attend the meeting public through the following call-in Leslie A.C. Weldon, and require the services of a sign number: 1–800–659–1088, access code: Deschutes National Forest Supervisor. language interpreter should contact the [FR Doc. 03–11869 Filed 5–13–03; 8:45 am] 16702259. Any interested member of the public may call this number and listen Regional Office at least ten (10) working BILLING CODE 3410–11–M to the meeting. Callers can expect to days before the scheduled date of the incur charges for calls not initiated meeting. DEPARTMENT OF AGRICULTURE using the supplied call-in number or The meeting will be conducted made over wireless lines, and the pursuant to the provisions of the rules Forest Service Commission will not refund any and regulations of the Commission. incurred charges. Callers will incur no Dated in Washington, DC, May 6, 2003. Shasta County Resource Advisory charge for calls using the call-in number Committee (RAC) over land-line connections. Persons Ivy L. Davis, Chief, Regional Programs Coordination Unit. AGENCY: Forest Service, USDA. with hearing impairments may also follow the proceedings by first calling [FR Doc. 03–11967 Filed 5–13–03; 8:45 am] ACTION: Notice of meeting. the Federal Relay Service at 1–800–977– BILLING CODE 6335–01–P
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DEPARTMENT OF COMMERCE exporter/producer combinations and submitted case briefs, and on February two of which are new shippers. The 28, 2003, they submitted rebuttal briefs. International Trade Administration period of review is April 1, 2001, On February 4, and 25, 2003, we [A–570–846] through March 31, 2002 (‘‘POR’’). We placed on the record additional publicly gave interested parties an opportunity to available information on electricity, Brake Rotors From the People’s comment on our preliminary results. pallet wood and brokerage and handling Based on the additional publicly Republic of China: Final Results and for consideration in the final results. On available information used in these final Partial Rescission of the Fifth March 7, 2003, the petitioner submitted Antidumping Duty Administrative results and the comments received from the interested parties, we have made comments on the publicly available Review and Final Results of the information we had placed on the Seventh New Shipper Review changes in the margin calculations for the respondents in these reviews. The record on February 25, 2003. AGENCY: Import Administration, final weighted-average dumping Scope of Order International Trade Administration, margins for the reviewed firms are listed Department of Commerce. below in the section entitled ‘‘Final The products covered by this order ACTION: Notice of final results and Results of Reviews.’’ are brake rotors made of gray cast iron, partial rescission of the fifth EFFECTIVE DATE: May 14, 2003. whether finished, semifinished, or antidumping duty administrative review FOR FURTHER INFORMATION CONTACT: unfinished, ranging in diameter from 8 and final results of the seventh new Terre Keaton or Brian Smith, Import to 16 inches (20.32 to 40.64 centimeters) shipper review. Administration, International Trade and in weight from 8 to 45 pounds (3.63 to 20.41 kilograms). The size parameters SUMMARY: On January 8, 2003, the Administration, U.S. Department of Department of Commerce published the Commerce, Washington, DC 20230; (weight and dimension) of the brake preliminary results and preliminary telephone: (202) 482–1280, or (202) rotors limit their use to the following partial rescission of the fifth 482–1766, respectively. types of motor vehicles: automobiles, antidumping duty administrative review SUPPLEMENTARY INFORMATION: all-terrain vehicles, vans and recreational vehicles under ‘‘one ton and preliminary results of the seventh Background new shipper review of the antidumping and a half,’’ and light trucks designated duty order on brake rotors from the On January 8, 2003, the Department as ‘‘one ton and a half.’’ People’s Republic of China. See Brake published in the Federal Register the Finished brake rotors are those that Rotors from the People’s Republic of Preliminary Results (see 68 FR 1031). are ready for sale and installation China: Preliminary Results and On January 28, 2003, we placed on without any further operations. Semi- the record information obtained from Preliminary Partial Rescission of the finished rotors are those on which the the U.S. Customs Service (now the U.S. Fifth Antidumping Duty Administrative surface is not entirely smooth, and have Bureau of Customs and Border Review and Preliminary Results of the undergone some drilling. Unfinished Protection (‘‘BCBP’’)) then known as Seventh New Shipper Review, 68 FR rotors are those which have undergone the, for the six outstanding entries noted 1031 (January 8, 2003) (‘‘Preliminary some grinding or turning. Results’’). These reviews examined 18 in the December 31, 2002, memorandum These brake rotors are for motor exporters 1 (‘‘the respondents’’), five of titled, ‘‘Results of Request for Assistance vehicles, and do not contain in the which are exporters included in three from the U.S. Customs Service to Further Examine U.S. Entries Made by casting a logo of an original equipment manufacturer (‘‘OEM’’) which produces 1 The names of the respondents in the fifth the Exporter/Producer Combinations- administrative review are as follows: (1) China Preliminary Results’’ (see—‘‘Partial vehicles sold in the United States (e.g., National Industrial Machinery Import & Export Rescission of Administrative Review’’ General Motors, Ford, Chrysler, Honda, Corporation (‘‘CNIM’’); (2) Laizhou Automobile section below for further discussion). Toyota, Volvo). Brake rotors covered in Brake Equipment Company, Ltd. (‘‘LABEC’’); (3) Longkou Haimeng Machinery Co., Ltd. Also on January 28, 2003, and in this order are not certified by OEM (‘‘Haimeng’’); (4) Laizhou Hongda Auto accordance with 19 CFR producers of vehicles sold in the United Replacement Parts Co., Ltd. (‘‘Hongda’’); (5) Hongfa 351.301(c)(3)(ii), the respondents States. The scope also includes Machinery (Dalian) Co., Ltd. (‘‘Hongfa’’); (6) submitted additional publicly available composite brake rotors that are made of Qingdao Gren (Group) Co. (‘‘GREN’’); (7) Qingdao Meita Automotive Industry Company, Ltd. information for consideration in the gray cast iron, which contain a steel (‘‘Meita’’); (8) Shandong Huanri (Group) General final results. plate, but otherwise meet the above Company (‘‘Huanri General’’); (9) Yantai Winhere On February 5, 2003, the Department criteria. Excluded from the scope of this Auto-Part Manufacturing Co., Ltd. (‘‘Winhere’’); and published in the Federal Register an order are brake rotors made of gray cast (10) Zibo Luzhou Automobile Parts Co., Ltd. (‘‘ZLAP’’); (11) Beijing Concord Auto Technology amended preliminary results of the iron, whether finished, semifinished, or Inc. (‘‘Beijing Concord’’); (12) China National seventh new shipper review of the unfinished, with a diameter less than 8 Machinery and Equipment Import & Export antidumping duty order on brake rotors inches or greater than 16 inches (less (Xinjiang) Corporation (‘‘Xinjiang’’); (13) China from the People’s Republic of China than 20.32 centimeters or greater than National Automotive Industry Import & Export Corporation (‘‘CAIEC’’); (14) Laizhou CAPCO (‘‘PRC’’) to reflect its intention to assign 40.64 centimeters) and a weight less Machinery Co., Ltd. (‘‘Laizhou CAPCO’’); (15) exporter/producer combination cash than 8 pounds or greater than 45 pounds Laizhou Luyuan Automobile Fittings Co. (‘‘Laizhou deposit rates to the new shipper (less than 3.63 kilograms or greater than Luyuan’’); and (16) Shenyang Honbase Machinery companies in the final results. See Brake 20.41 kilograms). Co., Ltd. (‘‘Shenyang’’). (The exporter/producer Rotors from the People’s Republic of combinations excluded from the antidumping duty Brake rotors are classifiable under China: Amended Preliminary Results of order are: Xinjiang/Zibo Botai Manufacturing Co. subheading 8708.39.5010 of the Ltd (‘‘Zibo’’); CAIEC or Laizhou CAPCO/Laizhou the Seventh New Shipper Review, 68 FR Harmonized Tariff Schedule of the CAPCO; and Laizhou Luyuan or Shenyang/Laizhou 5867. On February 21, 2003, the Luyuan or Shenyang). The names of the United States (‘‘HTSUS’’). Although the petitioner 2 and the respondents respondents in the seventh new shipper review are HTSUS subheading is provided for as follows: (17) Shanxi Fengkun Metallurgical Ltd. convenience and customs purposes, our Co. (‘‘Shanxi Fengkun’’); and (18) Zibo Golden 2 The petitioner is the Coalition for the Harvest Machinery Limited Company (‘‘Golden Preservation of American Brake Drum and Rotor written description of the scope of this Harvest’’). Aftermarket Manufacturers. order is dispositive.
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Partial Rescission of Administrative with respect to CAIEC, Laizhou CAPCO, Kalyani Brakes Limited (‘‘Kalyani’’), Review Shenyang Honbase, Laizhou Luyuan, Mando Brake Systems India Limited Pursuant to 19 CFR 351.213(d)(3), we and Xinjiang. See Issues and Decision (‘‘Mando’’), and Rico Auto Industries have determined that, during the POR, Memorandum (‘‘Decision Memo’’) from Limited (‘‘Rico’’). See Decision Memo at the exporters which are part of the three Jeffrey May, Deputy Assistant Secretary Comment 3. exporter/producer combinations which for Import Administration, to Joseph A. To value direct, indirect, and packing received zero rates in the less-than-fair- Spetrini, Acting Assistant Secretary for labor, we used the updated value from value (‘‘LTFV’’) investigation did not Import Administration at Comment 1 for the International Trade Administration make shipments of subject merchandise further discussion. Web site at http://ia.ita.doc.gov/wages/ to the United States during the POR. Facts Available index.html. Specifically, we have determined that To value electricity, we used the In the Preliminary Results, 68 FR at 2000–2001 ‘‘revised estimate’’ average during the POR, (1) neither CAIEC nor 1033, the Department determined that Laizhou CAPCO exported brake rotors rate for industrial consumption as the use of facts available was warranted published in the Annual Report (2001– to the United States that were in accordance with section 776(b) of the manufactured by producers other than 02) on the Working of State Electricity Tariff Act of 1930, as amended (‘‘the Boards & Electricity Departments by the Laizhou CAPCO; (2) neither Shenyang Act’’) to calculate the dumping margin Honbase nor Laizhou Luyuan exported Government of India’s Planning for Beijing Concord. Because Beijing Commission (Power & Energy Division). brake rotors to the United States that Concord failed to provide requested were manufactured by producers other To value pallet wood, we used the information and did not properly notify April 2000–March 2001 average import than Shenyang Honbase or Laizhou the Department of its difficulty in Luyuan; and (3) Xinjiang did not export values from Monthly Statistics of the meeting our requirements in accordance Foreign Trade of India (‘‘Monthly brake rotors to the United States that with section 782) of the Act, we were manufactured by producers other Statistics’’). determined that Beijing Concord did not For those respondents which reported than Zibo. cooperate to the best of its ability. Since In order to make this determination, in their responses that they used non- the preliminary results nothing has alloy pig iron to produce the subject we first examined POR subject changed to reverse our preliminary merchandise shipment data furnished merchandise, we used the April 2001– decision regarding Beijing Concord. December 2001 average import values by the Customs Service by performing a Therefore, for the final results of this data query. Because the data from our for the appropriate non-alloy pig iron review we continue to find that Beijing HTS subcategory from Monthly initial query was voluminous, we Concord is not eligible to receive a randomly selected 31 entries from the Statistics to value this input. See separate rate and thus it continues to be Decision Memo at Comment 2. data query results for further part of the PRC non-market economy examination by the Customs Service To value foreign brokerage and (‘‘NME’’) entity, subject to the PRC-wide handling expenses, we relied on public (see Memorandum dated October 3, rate. 2002, from Davina Hashmi, Senior information reported in the 1998–1999 Analyst, to the File, titled, ‘‘Request for Analysis of Comments Received antidumping duty administrative and Assistance: Shipments of Brake Rotors All issues raised in the case briefs are new shipper reviews of stainless steel from the People’s Republic of China addressed in the Decision Memo, which bar from India. Which Were Manufactured and/or is hereby adopted by this notice. A list We corrected a calculation error Exported by Five PRC Companies of the issues raised, all of which are in which affected the surrogate value used during the Period April 1, 2001, the Decision Memo, is attached to this for marine insurance. Through March 31, 2002’’). notice as an Appendix. Parties can find We deducted an amount for foreign Specifically, we requested the a complete discussion of all issues brokerage and handling expenses from Customs Service to examine further the raised in the briefs and the the U.S. starting prices reported by documentation filed at the U.S. port for corresponding recommendations in this Golden Harvest which we inadvertently each of those selected entries made by public memorandum which is on file in did not do in the preliminary results. the exporters at issue to determine the the Central Records Unit, room B–099 of We corrected a programming error manufacturer of the merchandise. In the main Department building. In which affected the direct labor per-unit response to our request for information, addition, a complete version of the amounts for certain brake rotor models the Customs Service was only able to Decision Memo can be accessed directly reported by Golden Harvest. provide us with information on 25 on the Web at http://ia.ita.doc.gov. The We corrected a programming error entries made by these respondents. paper copy and electronic version of the which affected the marine insurance After a review of the data we received Decision Memo are identical in content. calculation for U.S. sales with C.I.F. from the Customs Service in response to terms of sale reported by LABEC. In our data query, we found no evidence Changes Since the Preliminary Results addition, based on data contained in that any of the exporter/producer Based on the use of additional LABEC’s response, we subtracted an combinations subject to this publicly available information and the amount for marine insurance for certain administrative review made shipments comments received from the interested sales which LABEC had indicated it of the subject merchandise during the parties, we have made changes in the incurred this expense which we POR (see Memoranda dated December margin calculation for each respondent. inadvertently did not do in the 31, 2002, from Davina Hashmi, Senior For a discussion of these changes, see preliminary results. Analyst, and January 28, 2003, from the ‘‘Margin Calculations’’ section of the We corrected a programming error by Terre Keaton, Analyst, to the File, both Decision Memo. adding an amount for loading fees to titled, ‘‘Results of Request for Assistance For the final results, we calculated Huanri General’s coal freight cost from the U.S. Customs Service to average surrogate percentages for factory instead of its carton freight cost. Further Examine U.S. Entries Made By overhead, selling, general and We corrected a calculation error Exporter/Producer Combinations’’). administrative expenses, and profit which affected the entered values Therefore, we are rescinding this review using the 2000–2001 financial data of derived for GREN.
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Final Results of Reviews exist for the following companies during We determine that the following the period April 1, 2001, through March weighted-average margin percentages 31, 2002:
Margin Manufacturer/producer/exporter percent
PRC NME entity (which includes Beijing Concord) ...... 43.32 China National Industrial Machinery Import & Export Corporation ...... * 0.08 Hongfa Machinery (Dalian) Co., Ltd...... 0.00 Laizhou Automobile Brake Equipment Company, Ltd...... * 0.22 Longkou Haimeng Machinery Co., Ltd...... * 0.05 Laizhou Hongda Auto Replacement Parts Co., Ltd...... 0.00 Qingdao Gren (Group) Co...... * 0.06 Qingdao Meita Automotive Industry Company, Ltd...... * 0.09 Shanxi Fengkun Metallurgical Ltd. Co...... 0.00 Shandong Huanri (Group) General Company ...... 0.00 Yantai Winhere Auto-Part Manufacturing Co., Ltd...... 0.00 Zibo Golden Harvest Machinery Limited Company ...... 0.00 Zibo Luzhou Automobile Parts Co., Ltd...... * 0.14 * De minimis.
Assessment Rates results, as provided by section 751(a)(1) (‘‘APO’’) of their responsibility The Department shall determine, and and (a)(2)(B) of the Act: (1) The cash concerning the return or destruction of the BCBP shall assess, antidumping deposit rate for CNIM, GREN, Haimeng, proprietary information disclosed under duties on all appropriate entries. Hongda, Hongfa, Huanri General, APO in accordance with 19 CFR Pursuant to 19 CFR 351.212(b)(1), we LABEC, Meita, Winhere, ZLAP, Golden 351.305. Timely written notification of calculated importer-specific ad valorem Harvest (i.e., for subject merchandise the return/destruction of APO materials duty assessment rates based on the ratio manufactured and exported by Golden or conversion to judicial protective of the total amount of the dumping Harvest) and Shanxi Fengkun (i.e., for order is hereby requested. Failure to margins calculated for the examined subject merchandise manufactured and comply with the regulations and terms sales to the total entered value of those exported by Shanxi Fengkun) will be of an APO is a violation which is subject same sales. In order to estimate the the rate indicated above; (2) the cash to sanction. entered value for those sales where this deposit rate for PRC exporters who received a separate rate in a prior We are issuing and publishing this information was unavailable, we determination and notice in accordance subtracted applicable movement segment of the proceeding will continue to be the rate assigned in that segment with sections 751(a)(1), 751(a)(2)(B), and expenses from the gross sales value. In 777(i) of the Act and 19 CFR 351.213 accordance with 19 CFR 351.106(c)(2), of the proceeding; (3) the cash deposit and 351.214. we will instruct the BCBP to liquidate rate for the PRC NME entity (including without regard to antidumping duties Beijing Concord) and for subject Dated: May 8, 2003. merchandise exported by either Golden all entries of subject merchandise Joseph A. Spetrini, during the POR for which the importer- Harvest or Shanxi Fengkun but not manufactured by them will continue to Acting Assistant Secretary for Import specific assessment rate is zero or de Administration. minimis (i.e., less than 0.50 percent). be the PRC-wide rate (i.e., 43.32 The Department will issue appropriate percent); and (4) the cash deposit rate Appendix—Issues in Decision Memo for non-PRC exporters of subject assessment instructions directly to the Comments BCBP within 15 days of publication of merchandise from the PRC will be the rate applicable to the PRC exporter that 1. Whether to Reverse the Preliminary these final results of review. For entries Results With Respect to the Exporter/ of the subject merchandise during the supplied that exporter. These deposit requirements shall remain in effect until Producer Combinations POR from companies not subject to this 2. Whether We Should Have Requested a review, we will instruct the BCBP to publication of the final results of the next administrative review. Respondent to Submit Revised Databases liquidate them at the cash deposit rate Based on Our Verification Findings This notice also serves as a final in effect at the time of entry. 3. Whether to Use Data Contained in the reminder to importers of their Financial Statements Submitted for Two Cash Deposit Requirements responsibility under 19 CFR Additional Indian Producers of Subject 351.402(f)(2) to file a certificate Bonding will no longer be permitted and/or Comparable Merchandise to fulfill security requirements for regarding the reimbursement of 4. Surrogate Value Selection for Pig Iron shipments from Golden Harvest or antidumping duties prior to liquidation 5. Whether the Respondents’ Case Brief Shanxi Fengkun of brake rotors from the of the relevant entries during this Complies With the Department’s Filing and PRC entered, or withdrawn from review period. Failure to comply with Service Requirements warehouse, for consumption on or after this requirement could result in the the publication date of the final results Secretary’s presumption that [FR Doc. 03–12031 Filed 5–13–03; 8:45 am] of the new shipper review. reimbursement of antidumping duties BILLING CODE 3510–DS–P The following deposit rates shall be occurred and the subsequent assessment required for merchandise subject to the of doubled antidumping duties. order entered, or withdrawn from This notice also serves as the only warehouse, for consumption on or after reminder to parties subject to the publication date of these final administrative protective orders
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COMMITTEE FOR THE 927–5850, or refer to the Bureau of see 67 FR 68577, published on IMPLEMENTATION OF TEXTILE Customs and Border Protection Web site November 12, 2002. AGREEMENTS at http://www.customs.gov. For D. Michael Hutchinson, information on embargoes and quota re- Adjustment of Import Limits for Certain Acting Chairman, Committee for the openings, refer to the Office of Textiles Implementation of Textile Agreements. Cotton, Wool, Man-Made Fiber, Silk and Apparel Web site at http:// Blend and Other Vegetable Fiber otexa.ita.doc.gov. Committee for the Implementation of Textile Textiles and Textile Products Agreements Produced or Manufactured in Taiwan SUPPLEMENTARY INFORMATION: May 8, 2003. May 8, 2003. Authority: Section 204 of the Agricultural Commissioner, Bureau of Customs and Border Protection, AGENCY: Committee for the Act of 1956, as amended (7 U.S.C. 1854); Washington, DC 20229. Implementation of Textile Agreements Executive Order 11651 of March 3, 1972, as (CITA). amended. Dear Commissioner: This directive amends, but does not cancel, the directive ACTION: Issuing a directive to the The current limits for certain issued to you on November 1, 2002, by the Commissioner, Bureau of Customs and categories are being adjusted for Chairman, Committee for the Implementation Border Protection. carryforward used, swing, special of Textile Agreements. That directive swing, and special shift. concerns imports of certain cotton, wool, EFFECTIVE DATE: May 14, 2003. man-made fiber, silk blend and other A description of the textile and FOR FURTHER INFORMATION CONTACT: Ross vegetable fiber textiles and textile products, apparel categories in terms of HTS Arnold, International Trade Specialist, produced or manufactured in Taiwan and numbers is available in the Office of Textiles and Apparel, U.S. exported during the twelve-month period which began on January 1, 2003 and extends Department of Commerce, (202) 482– CORRELATION: Textile and Apparel Categories with the Harmonized Tariff through December 31, 2003. 4212. For information on the quota Effective on May 14, 2003, you are directed status of these limits, refer to the Quota Schedule of the United States (see Federal Register notice 68 FR 1599, to adjust the current limits for the following Status Reports posted on the bulletin categories, as provided for under the Uruguay boards of each Customs port, call (202) published on January 13, 2003). Also Round Agreement on Textiles and Clothing:
Category Twelve-month limit 1
Group I 200–220, 224, 225/317/326, 226, 227, 300/301, 313–315, 360–363, 228,318,899 square meters equivalent. 369–S 2, 369–O 3, 400–414, 469pt 4, 603, 604, 611, 613/614/615/ 617, 618, 619/620, 624, 625/626/627/628/629 and 666pt 5, as a group. Sublevels in Group I 225/317/326 ...... 46,009,868 square meters. 619/620 ...... 17,031,646 square meters. 625/626/627/628/629 ...... 22,162,195 square meters. Group II 237, 239pt 6, 331pt. 7, 332, 333/334/335, 336, 338/339, 340–345, 347/ 602,836,385 square meters equivalent. 348, 351, 352/652, 359–C/659–C 8, 659–H 9, 359pt. 10, 433-438, 440, 442, 443, 444, 445/446, 447/448, 459pt. 11, 631pt. 12, 633/634/635, 636, 638/639, 640, 641–644, 645/646, 647/648, 651, 659–S 13, 659pt. 14, 846 and 852, as a group. Sublevels in Group II 336 ...... 156,723 dozen. 338/339 ...... 1,071,224 dozen. 347/348 ...... 1,514,317 dozen of which not more than 1,288,567 dozen shall be in Categories 347–W/348–W 15. 435 ...... 27,866 dozen. 436 ...... 5,497 dozen. 438 ...... 31,020 dozen. 445/446 ...... 146,174 dozen. 638/639 ...... 6,468,061 dozen. 642 ...... 748,171 dozen. 647/648 ...... 5,351,981 dozen of which not more than 5,088,804 dozen shall be in Categories 647–W/648–W 16. 659–S ...... 1,713,821 kilograms. Within Group II Subgroup 342 ...... 261,378 dozen. 351 ...... 285,837 dozen. 447/448 ...... 22,874 dozen. 636 ...... 383,919 dozen. 651 ...... 560,432 dozen. 1 The limits have not been adjusted to account for any imports exported after December 31, 2002. 2 Category 369–S: only HTS number 6307.10.2005.
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3 Category 369–O: all HTS numbers except 6307.10.2005 (Category 369–S); 4202.12.4000, 4202.12.8020, 4202.12.8060, 4202.22.4020, 4202.22.4500, 4202.22.8030, 4202.32.4000, 4202.32.9530, 4202.92.0505. 4202.92.1500, 4202.92.3016, 4202.92.6091, 5601.10.1000, 5601.21.0090, 5701.90.1020, 5701.90.2020, 5702.10.9020, 5702.39.2010, 5702.49.1020, 5702.49.1080, 5702.59.1000, 5702.99.1010, 5702.99.1090, 5705.00.2020, 5805.00.3000, 5807.10.0510, 5807.90.0510, 6301.30.0010, 6301.30.0020, 6302,51.1000, 6302.51.2000, 6302.51.3000, 6302.51.4000, 6302.60.0010, 6302.60.0030, 6302.91.0005, 6302.91.0025, 6302.91.0045, 6302.91.0050, 6302.91.0060, 6303.11.0000, 6303.91.0010, 6303.91.0020, 6304.91.0020, 6304.92.0000, 6305.20.0000, 6306.11.0000, 6307.10.1020, 6307.10.1090, 6307.90.3010, 6307.90.4010, 6307.90.5010, 6307.90.8910, 6307.90.8945, 6307.90.9882, 6406.10.7700, 9404.90.1000, 9404.90.8040 and 9404.90.9505 (Category 369pt.). 4 Category 469pt.: all HTS numbers except 5601.29.0020, 5603.94.1010, 6304.19.3040, 6304.91.0050, 6304.99.1500, 6304.99.6010, 6308.00.0010 and 6406.10.9020. 5 Category 666pt.: all HTS numbers except 5805.00.4010, 6301.10.0000, 6301.40.0010, 6301.40.0020, 6301.90.0010, 6302.53.0010, 6302.53.0020, 6302.53.0030, 6302.93.1000, 6302.93.2000, 6303.12.0000, 6303.19.0010, 6303.92.1000, 6303.92.2010, 6303.92.2020, 6303.99.0010, 6304.11.2000, 6304.19.1500, 6304.19.2000, 6304.91.0040, 6304.93.0000, 6304.99.6020, 6307.90.9884, 9404.90.8522 and 9404.90.9522. 6 Category 239pt.: only HTS number 6209.20.5040 (diapers). 7 Category 331pt.: all HTS numbers except 6116.10.1720, 6116.10.4810, 6116.10.5510, 6116.10.7510, 6116.92.6410, 6116.92.6420, 6116.92.6430, 6116.92.6440, 6116.92.7450, 6116.92.7460, 6116.92.7470, 6116.92.8800, 6116.92.9400 and 6116.99.9510. 8 Category 359–C: only HTS numbers 6103.42.2025, 6103.49.8034, 6104.62.1020, 6104.69.8010, 6114.20.0048, 6114.20.0052, 6203.42.2010, 6203.42.2090, 6204.62.2010, 6211.32.0010, 6211.32.0025 and 6211.42.0010; Category 659–C: only HTS numbers 6103.23.0055, 6103.43.2020, 6103.43.2025, 6103.49.2000, 6103.49.8038, 6104.63.1020, 6104.63.1030, 6104.69.1000, 6104.69.8014, 6114.30.3044, 6114.30.3054, 6203.43.2010, 6203.43.2090, 6203.49.1010, 6203.49.1090, 6204.63.1510, 6204.69.1010, 6210.10.9010, 6211.33.0010, 6211.33.0017 and 6211.43.0010. 9 Category 659–H: only HTS numbers 6502.00.9030, 6504.00.9015, 6504.00.9060, 6505.90.5090, 6505.90.6090, 6505.90.7090 and 6505.90.8090. 10 Category 359pt.: all HTS numbers except 6103.42.2025, 6103.49.8034, 6104.62.1020, 6104.69.8010, 6114.20.0048, 6114.20.0052, 6203.42.2010, 6203.42.2090, 6204.62.2010, 6211.32.0010, 6211.32.0025 and 6211.42.0010 (Category 359–C); 6115.19.8010, 6117.10.6010, 6117.20.9010, 6203.22.1000, 6204.22.1000, 6212.90.0010, 6214.90.0010, 6406.99.1550, 6505.90.1525, 6505.90.1540, 6505.90.2060 and 6505.90.2545. 11 Category 459pt.: all HTS numbers except 6115.19.8020, 6117.10.1000, 6117.10.2010, 6117.20.9020, 6212.90.0020, 6214.20.0000, 6405.20.6030, 6405.20.6060, 6405.20.6090, 6406.99.1505 and 6406.99.1560. 12 Category 631pt.: all HTS numbers except 6116.10.1730, 6116.10.4820, 6116.10.5520, 6116.10.7520, 6116.93.8800, 6116.93.9400, 6116.99.4800, 6116.99.5400 and 6116.99.9530. 13 Category 659–S: only HTS numbers 6112.31.0010, 6112.31.0020, 6112.41.0010, 6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 6211.11.1020, 6211.12.1010 and 6211.12.1020. 14 Category 659pt.: all HTS numbers except 6103.23.0055, 6103.43.2020, 6103.43.2025, 6103.49.2000, 6103.49.8038, 6104.63.1020, 6104.63.1030, 6104.69.1000, 6104.69.8014, 6114.30.3044, 6114.30.3054, 6203.43.2010, 6203.43.2090, 6203.49.1010, 6203.49.1090, 6204.63.1510, 6204.69.1010, 6210.10.9010, 6211.33.0010, 6211.33.0017, 6211.43.0010 (Category 659–C); 6112.31.0010, 6112.31.0020, 6112.41.0010, 6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 6211.11.1020, 6211.12.1010 and 6211.12.1020 (Category 659–S); 6115.11.0010, 6115.12.2000, 6117.10.2030, 6117.20.9030, 6212.90.0030, 6214.30.0000, 6214.40.0000, 6406.99.1510 and 6406.99.1540. 15 Category 347–W: only HTS numbers 6203.19.1020, 6203.19.9020, 6203.22.3020, 6203.22.3030, 6203.42.4005, 6203.42.4010, 6203.42.4015, 6203.42.4025, 6203.42.4035, 6203.42.4045, 6203.42.4050, 6203.42.4060, 6203.49.8020, 6210.40.9033, 6211.20.1520, 6211.20.3810 and 6211.32.0040; Category 348–W: only HTS numbers 6204.12.0030, 6204.19.8030, 6204.22.3040, 6204.22.3050, 6204.29.4034, 6204.62.3000, 6204.62.4005, 6204.62.4010, 6204.62.4020, 6204.62.4030, 6204.62.4040, 6204.62.4050, 6204.62.4055, 6204.62.4065, 6204.69.6010, 6204.69.9010, 6210.50.9060, 6211.20.1550, 6211.20.6810, 6211.42.0030 and 6217.90.9050. 16 Category 647–W: only HTS numbers 6203.23.0060, 6203.23.0070, 6203.29.2030, 6203.29.2035, 6203.43.2500, 6203.43.3500, 6203.43.4010, 6203.43.4020, 6203.43.4030, 6203.43.4040, 6203.49.1500, 6203.49.2015, 6203.49.2030, 6203.49.2045, 6203.49.2060, 6203.49.8030, 6210.40.5030, 6211.20.1525, 6211.20.3820 and 6211.33.0030; Category 648–W: only HTS numbers 6204.23.0040, 6204.23.0045, 6204.29.2020, 6204.29.2025, 6204.29.4038, 6204.63.2000, 6204.63.3000, 6204.63.3510, 6204.63.3530, 6204.63.3532, 6204.63.3540, 6204.69.2510, 6204.69.2530, 6204.69.2540, 6204.69.2560, 6204.69.6030, 6204.69.9030, 6210.50.5035, 6211.20.1555, 6211.20.6820, 6211.43.0040 and 6217.90.9060.
The limits set forth above are subject to SUMMARY: In the Federal Register of the standard require manufacturers and adjustment pursuant to the provisions of the March 4, 2003 (68 FR 10210), the importers to submit to the Commission ATC and administrative arrangements Consumer Product Safety Commission a description of each model of lighter, notified to the Textiles Monitoring Body. published a notice in accordance with The Committee for the Implementation of results of prototype qualification tests Textile Agreements has determined that provisions of the Paperwork Reduction for compliance with the standard, and a these actions fall within the foreign affairs Act of 1995 (44 U.S.C. Chapter 35) to physical specimen of the lighter before exception of the rulemaking provisions of 5 announce the agency’s intention to seek the introduction of each model of lighter U.S.C. 553(a)(1). extension of approval of the collection in commerce. Sincerely, of information in the Safety Standard for The Commission uses the records of D. Michael Hutchinson, Cigarette Lighters (16 CFR part 1210). Acting Chairman, Committee for the No comments from members of the testing and other information required Implementation of Textile Agreements. public were received in response to the by the certification regulations to [FR Doc. 03–11957 Filed 5–13–03; 8:45 am] Federal Register notice. By publication determine that disposable and novelty BILLING CODE 3510–DR–S of this notice, the Commission lighters have been tested and certified announces that it has submitted to the for compliance with the standard by the Office of Management and Budget manufacturer or importer. The CONSUMER PRODUCT SAFETY (OMB) a request for extension of Commission also uses this information COMMISSION approval of that collection of to obtain corrective actions if disposable information without change for three or novelty lighters fail to comply with Submission for OMB Review; years from the date of approval. the standard in a manner that creates a Comment Request—Safety Standard The Safety Standard for Cigarette substantial risk of injury to the public. for Cigarette Lighters Lighters requires disposable and novelty AGENCY: Consumer Product Safety lighters to be manufactured with a Commission. mechanism to resist operation by children younger than five years of age. ACTION: Notice. Certification regulations implementing
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Additional Information About the SUMMARY: The Department of Defense 703–693–8954, or e-mail: Request for Extension of Approval of a (DoD) Washington Headquarters [email protected]. Collection of Information Services (WHS) announces that a Dated: May 7, 2003. Agency address: Consumer Product Supplemental Environmental Patricia L. Toppings, Assessment (SEA) for the Pentagon Safety Commission, Washington, DC Alternate OSD Federal Register Liaison 20207. Memorial is available for public review Officer, Department of Defense. and comment within 30 days of the date Title of information collection: Safety [FR Doc. 03–11971 Filed 5–13–03; 8:45 am] of this publication. The Memorial is Standard for Cigarette Lighters, 16 CFR BILLING CODE 5001–08–M part 1210. planned for the Pentagon Reservation. The SEA documents an evaluation of Type of request: Extension of approval the environmental effects of the without change. DEPARTMENT OF DEFENSE proposed Memorial in accord with the General description of respondents: National Environmental Policy Act of Manufacturers and importers of GENERAL SERVICES 1969, as amended (NEPA, 42 U.S.C. disposable and novelty cigarette ADMINISTRATION 4321 to 4370b), Council of lighters. Environmental Quality (CEQ) Estimated number of respondents: 60. NATIONAL AERONAUTICS AND implementing regulations (Title 40 Code Estimated average number of hours SPACE ADMINISTRATION of Federal Regulations, Parts 1500– per respondent: 175 per year. 1508), and DoD Instruction 4715.9, [OMB Control No. 9000–0147] Estimated number of hours for all Environmental Planning and Analysis. respondents: 10,500 per year. Federal Acquisition Regulation; The SEA is tiered to the Pentagon Estimated cost of collection for all Submission for OMB Review; Pollution Reservation Master Plan Final Report of respondents: $951,000 to $1,900,000 per Prevention and Right-to-Know May 28, 1991 and the Final year. Information Environmental Assessment of May 28, Comments: Comments on this request 1991, developed for the comprehensive for extension of approval of information AGENCIES: Department of Defense (DOD), renovation of the Pentagon. The SEA collection requirements should be General Services Administration (GSA), identifies the purpose and need for the submitted by June 13, 2003 to (1) the and National Aeronautics and Space proposed action, alternative analysis of Office of Information and Regulatory Administration (NASA). potential sites, and environmental Affairs, Attn: OMB Desk Officer for ACTION: Notice of request for public consequences of the proposed action. CPSC, Office of Management and comments regarding an extension to an Environmental consequences examined Budget, Washington DC 20503; existing OMB clearance (9000–0147). include potential impacts on air quality, telephone: (202) 395–7340, and (2) the noise, hazardous materials, natural/ SUMMARY: Under the provisions of the Office of the Secretary, Consumer ecological features, land use and socio- Paperwork Reduction Act of 1995 (44 Product Safety Commission, economics, transportation, urban U.S.C. chapter 35), the Federal Washington, DC 20207. Written systems, and cultural resources. Acquisition Regulation (FAR) comments may also be sent to the Office The proposed action associated with Secretariat has submitted to the Office of the Secretary by facsimile at (301) the Pentagon Memorial involves of Management and Budget (OMB) a 504–0127 or by e-mail at cpsc– construction of a Memorial Park request to review and approve an [email protected]. commemorating the September 11, 2001 extension of a currently approved Copies of this request for extension of terrorist attack on the Pentagon and the information collection requirement the information collection requirements 184 lives lost in the Pentagon and on concerning pollution prevention and and supporting documentation are American Airlines Flight 77. The right-to-know information. A request for available from Linda Glatz, management proposed action, as directed by public comments was published in the and program analyst, Office of Planning Congress, will be constructed within the Federal Register at 68 FR 15155 on and Evaluation, Consumer Product limits of the Pentagon Reservation. March 28, 2003. No comments were Safety Commission, Washington, D.C. The SEA is available on the Internet received. 20207; telephone: (301) 504–7671. at http://memorial.pentagon.mil/ Public comments are particularly Dated: May 7, 2003. For those with access or escort, copies invited on: Whether this collection of Todd A. Stevenson, are also available in the FOB2 Building information is necessary for the proper Secretary, Consumer Product Safety Managers Office, Room 1030, and in the performance of functions of the FAR, Commission. Pentagon Library Reference Center on and whether it will have practical [FR Doc. 03–12007 Filed 5–13–03; 8:45 am] the Pentagon Concourse. utility; whether our estimate of the BILLING CODE 6355–01–P DATES: Public comments are invited and public burden of this collection of must be either e-mailed or postmarked information is accurate, and based on on or before June 13, 2003. valid assumptions and methodology; DEPARTMENT OF DEFENSE ADDRESSES: To request a copy of the ways to enhance the quality, utility, and SEA or provide comments, contact clarity of the information to be Office of the Secretary Michael Yopp at telephone: 703–693– collected; and ways in which we can 8954, e-mail: minimize the burden of the collection of Notice of Availability of the [email protected], or mail: information on those who are to Supplemental Environmental Pentagon Renovation Program, 100 respond, through the use of appropriate Assessment for the Pentagon Boundary Channel Drive, Arlington, VA technological collection techniques or Memorial 22202. Individuals also may download other forms of information technology. the SEA from the Web site. DATES: Submit comments on or before AGENCY: Washington Headquarters Services, DoD. FOR FURTHER INFORMATION CONTACT: For June 13, 2003. additional information on the SEA, ADDRESSES: Submit comments, ACTION: Notice of availability. contact Michael Yopp at telephone: including suggestions for reducing this
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burden to: FAR Desk Officer, OMB, and National Aeronautics and Space information collection documents from Room 10102, NEOB, Washington, DC Administration (NASA). the General Services Administration, 20503, and a copy to the General ACTION: Notice of request for public FAR Secretariat (MVA), Room 4035, Services Administration, FAR comments regarding an extension to an Washington, DC 20405, telephone (202) Secretariat (MVA), 1800 F Street, NW., existing OMB clearance (9000–0076). 501–4755. Please cite OMB Control No. Room 4035, Washington, DC 20405. 9000–0076, Novation/Change of Name FOR FURTHER INFORMATION CONTACT: SUMMARY: Under the provisions of the Requirements, in all correspondence. Paperwork Reduction Act of 1995 (44 Craig Goral, Acquisition Policy Dated: May 8, 2003. U.S.C. chapter 35), the Federal Division, GSA, 501–3856. Ralph J. Destefano, SUPPLEMENTARY INFORMATION: Acquisition Regulation (FAR) Secretariat has submitted to the Office Acting Director, Acquisition Policy Division. A. Purpose of Management and Budget (OMB) a [FR Doc. 03–11947 Filed 5–13–03; 8:45 am] Executive Order 12856 of August 3, request to review and approve an BILLING CODE 6820–EP–P 1993, ‘‘Federal Compliance With Right- extension of a currently approved to-Know Laws and Pollution Prevention information collection requirement Requirements,’’ requires that Federal concerning novation/change of name DEPARTMENT OF EDUCATION facilities comply with the planning and requirements. A request for public reporting requirements of the Pollution comments was published in the Federal Notice of Proposed Information Prevention Act of 1990 and the Register at 68 FR 10212, on March 4, Collection Requests Emergency Planning Community Right- 2003. No comments were received. AGENCY: Department of Education. to-Know Act of 1986. The executive Public comments are particularly SUMMARY: The Acting Leader, order requires that contracts to be invited on: Whether this collection of Regulatory Management Group, Office performed on a Federal facility provide information is necessary for the proper of the Chief Information Officer, invites for the contractor to supply to the performance of functions of the FAR, comments on the proposed information Federal agency all information the and whether it will have practical collection requests as required by the Federal agency deems necessary to utility; whether our estimate of the Paperwork Reduction Act of 1995. comply with these reporting public burden of this collection of DATES: Interested persons are invited to requirements. information is accurate, and based on submit comments on or before July 14, valid assumptions and methodology; B. Annual Reporting Burden 2003. ways to enhance the quality, utility, and SUPPLEMENTARY INFORMATION: Section Number of Respondents: 2,550. clarity of the information to be Responses Per Respondent: 7.647. 3506 of the Paperwork Reduction Act of collected; and ways in which we can 1995 (44 U.S.C. chapter 35) requires that Annual Responses: 19,500. minimize the burden of the collection of Average Burden Per Response: 45 the Office of Management and Budget information on those who are to (OMB) provide interested Federal minutes. respond, through the use of appropriate Total Burden Hours: 14,500. agencies and the public an early Obtaining Copies of Proposals: technological collection techniques or opportunity to comment on information Requesters may obtain a copy of the other forms of information technology. collection requests. OMB may amend or information collection documents from DATES: Submit comments on or before waive the requirement for public the General Services Administration, June 13, 2003. consultation to the extent that public FAR Secretariat (MVA), Room 4035, ADDRESSES: Submit comments including participation in the approval process Washington, DC 20405, telephone (202) suggestions for reducing this burden to: would defeat the purpose of the 501–4755. Please cite OMB Control No. FAR Desk Officer, OMB Room 10102, information collection, violate State or 9000–0147, Pollution Prevention and NEOB, Washington, DC 20503, and a Federal law, or substantially interfere Right-to-Know Information in all copy to the General Services with any agency’s ability to perform its correspondence. Administration, FAR Secretariat (MVA), statutory obligations. The Acting Dated: May 8, 2003. 1800 F Street, NW., Room 4035, Leader, Regulatory Management Group, Washington, DC 20405. Ralph J. Destefano, Office of the Chief Information Officer, publishes that notice containing Acting Director, Acquisition Policy Division. FOR FURTHER INFORMATION CONTACT: Linda Klein, Acquisition Policy proposed information collection [FR Doc. 03–11946 Filed 5–13–03; 8:45 am] Division, GSA (202) 501–3775. requests prior to submission of these BILLING CODE 6820–EP–P SUPPLEMENTARY INFORMATION: requests to OMB. Each proposed information collection, grouped by A. Purpose DEPARTMENT OF DEFENSE office, contains the following: (1) Type When a firm performing under of review requested, e.g. new, revision, GENERAL SERVICES Government contracts wishes the extension, existing or reinstatement; (2) ADMINISTRATION Government to recognize (1) a successor title; (3) summary of the collection; (4) in interest to these contracts or (2) a description of the need for, and NATIONAL AERONAUTICS AND name change, it must submit certain proposed use of, the information; (5) SPACE ADMINISTRATION documentation to the Government. respondents and frequency of collection; and (6) reporting and/or [OMB Control No. 9000–0076] B. Annual Reporting Burden recordkeeping burden. OMB invites Federal Acquisition Regulation; Respondents: 1,000. public comment. Submission for OMB Review; Responses Per Respondent: 1. The Department of Education is Novation/Change of Name Annual Responses: 1,000. especially interested in public comment Requirements Hours Per Response: .458. addressing the following issues: (1) Is Total Burden Hours: 458. this collection necessary to the proper AGENCIES: Department of Defense (DOD), Obtaining Copies of Proposals: functions of the Department; (2) will General Services Administration (GSA), Requesters may obtain a copy of the this information be processed and used
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in a timely manner; (3) is the estimate DEPARTMENT OF ENERGY Comment Date: May 14, 2003. of burden accurate; (4) how might the Magalie R. Salas, Department enhance the quality, utility, Federal Energy Regulatory Secretary. and clarity of the information to be Commission collected; and (5) how might the [FR Doc. 03–12020 Filed 5–13–03; 8:45 am] [Docket No. RP03–461–000] Department minimize the burden of this BILLING CODE 6717–01–P collection on the respondents, including Alliance Pipeline L.P.; Notice of through the use of information Compliance Filing DEPARTMENT OF ENERGY technology. May 8, 2003. Dated: May 8, 2003. Federal Energy Regulatory Take notice that on April 30, 2003, Commission Joseph Schubart, Alliance Pipeline L.P. (Alliance) Acting Leader, Regulatory Management tendered for filing a cost and revenue [Docket No. ER99–1757–004, et al.] Group, Office of the Chief Information Officer. study. Alliance states that the purpose The Empire District Electric Company, Federal Student Aid of the filing is to comply with Ordering et al.; Electric Rate and Corporate Paragraph (F) of the certificate order Filings Type of Review: Extension. issued by the Federal Energy Regulatory Title: Lender’s Request for Payment of Commission (Commission) on May 5, 2003. Interest and Special Allowance—LaRS. September 17, 1998, in Docket No. Frequency: Quarterly, annually. The following filings have been made CP97–168–000, et al. Ordering Affected Public: State, local, or tribal gov’t, with the Commission. The filings are Paragraph (F) required Alliance to make SEAs or LEAs; businesses or other for-profit. listed in ascending order within each a filing within three years of the Reporting and Recordkeeping Hour docket classification. Burden: pipeline’s in-service date, either justifying its existing recourse rates or 1. The Empire District Electric Responses: 14,184. Company Burden Hours: 34,573. proposing alternative rates to be Abstract: The Lender’s Request for effective no later than three years after [Docket No. ER99–1757–004] Payment of Interest and Special Allowance— the in-service date. Take notice that on May 1, 2003, LaRS (ED Form 799) is used by Alliance’s in-service date was Empire District Electric Company approximately 3,546 lenders participating in December 1, 2000. Alliance states that (Empire) submitted certain information the title IV, part B loan programs. The ED its filing justifies the continued use of intended to supplement the Supply Form 799 is used to pay interest and special the existing recourse rates. Margin Assessment submitted March allowance to holders of the part B loans; and Alliance states that copies of its filing 25, 2003, in support of Empire’s to capture quarterly data from lender’s loan have been mailed to all customers, state February 4, 2003, updated market power portfolio for financial and budgetary commissions, and other interested analysis. Empire also submitted a projections. parties. correction to the revised version of Requests for copies of the proposed Any person desiring to be heard or to market-based rate tariff that was information collection request may be protest said filing should file a motion included as part of the March 25 Filing. accessed from http://edicsweb.ed.gov, by to intervene or a protest with the Comment Date: May 22, 2003. Federal Energy Regulatory Commission, selecting the ‘‘Browse Pending Collections’’ 2. ISO New England Inc. link and by clicking on link number 2273. 888 First Street, NE., Washington, DC When you access the information collection, 20426, in accordance with § 385.214 or [Docket No. ER01–316–009] click on ‘‘Download Attachments’’ to view. 385.211 of the Commission’s Rules and Take notice that on May 1, 2003, ISO Written requests for information should be Regulations. All such motions or New England Inc. (the ISO) submitted addressed to Vivian Reese, Department of protests must be filed on or before the for filing its Index of Customers for first Education, 400 Maryland Avenue, SW., comment date below. Protests will be quarter of 2003 under the ISO’s FERC Room 4050, Regional Office Building 3, considered by the Commission in Tariff for Transmission Dispatch and Washington, DC 20202–4651 or to the e-mail determining the appropriate action to be Power Administration Services. address [email protected]. Requests may taken, but will not serve to make The ISO states that copies have been also be electronically mailed to the internet protestants parties to the proceedings. served on all parties in Docket No. address [email protected] or faxed to 202– Any person wishing to become a party ER01–316–000. 708–9346. Please specify the complete title of must file a motion to intervene. This Comment Date: May 22, 2003. the information collection when making your filing is available for review at the 3. New England Power Pool request. Commission in the Public Reference Comments regarding burden and/or the Room or may be viewed on the [Docket No. ER03–562–001] collection activity requirements should be Commission’s Web site at http:// Take notice that on May 1, 2003, the directed to Joe Schubart at (202) 708–9266 or www.ferc.gov using the ‘‘FERRIS’’ link. New England Power Pool (NEPOOL) via his e-mail address [email protected]. Enter the docket number excluding the Participants Committee filed a Report of Individuals who use a telecommunications last three digits in the docket number Compliance with respect to the April 4, device for the deaf (TDD) may call the field to access the document. For 2003, letter order, issued in Docket No. Federal Information Relay Service (FIRS) at assistance, please contact FERC Online ER03–562–000. NEPOOL submitted 1–800–877–8339. Support at revised tariff sheets to the Ninety-Fifth [FR Doc. 03–11979 Filed 5–13–03; 8:45 am] [email protected] or toll- Agreement Amending Restated BILLING CODE 4000–01–P free at (866) 208–3676, or TTY, contact NEPOOL Agreement. NEPOOL states (202) 502–8659. The Commission that the revised tariff sheets reflect a strongly encourages electronic filings. modification to the discussion of See 18 CFR 385.2001(a)(1)(iii) and the Excepted Transactions 21 and 23 in the instructions on the Commission’s Web Addendum to Attachment G to the site under the ‘‘e-Filing’’ link. NEPOOL Open Access Transmission
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Tariff requested by intervenors Corporation (AEPSC) tendered for filing were served upon ODEC and the MASSPOWER and Pittsfield Generating pursuant to section 35.15 of the Federal Virginia State Corporation Commission. LLP. Energy Regulatory Commission’s Comment Date: May 22, 2003. NEPOOL states that copies of these Regulations, a notice of cancellation of materials were sent to the NEPOOL Ohio Power Company FERC Electric 11. Sierra Pacific Power Company participants, non-participant Rate Schedule No. 71 consisting of an Nevada Power Company transmission customers and the New agreement between Ohio Power [Docket No. ER03–806–000] England State governors and regulatory Company and the Ohio Edison Take notice that on May 1, 2003, commissions. Company. AEPSC requests an effective Sierra Pacific Power Company and Comment Date: May 22, 2003. date of June 30, 2003, for the Nevada Power Company (collectively, cancellation. 4. Aquila Piatt County Power L.L.C. Applicants ) tendered for filing pursuant AEPSC served copies of the filing to section 205 of the Federal Power Act [Docket No. ER03–725–001] upon the Ohio Edison Company and and section 35 of the Commission’s Take notice that on May 1, 2003, upon the Public Utilities Commission of regulations, a revised Attachment K Aquila Piatt County Power L.L.C. filed Ohio. (Sheet Nos. 254–57) to Sierra Pacific a supplement to its application in Comment Date: May 22, 2003. Resources Operating Companies FERC Docket No. ER03–725–000 revising the 8. Black Hills Wyoming, Inc. Electric Tariff, Third Revised Volume language in its proposed rate schedule. No. 1. The Applicants state that the Comment Date: May 22, 2003. [Docket No. ER03–802–000] revision is being filed to establish Take notice that on April 30, 2003, 5. Oncor Electric Delivery Company distribution loss factors in connection Black Hills Wyoming, Inc. (Black Hills with their implementation of retail [Docket No. ER03–799–000] Wyoming), submitted to the Federal access in Nevada. Take notice that on May 1, 2003, Energy Regulatory Commission (FERC Comment Date: May 22, 2003. Oncor Electric Delivery Company or Commission) a notice of succession (Oncor) tendered for filing four notifying the Commission that is has Standard Paragraph transmission service agreements entered succeeded, by reason of name change, to Any person desiring to intervene or to into between Oncor and Cargill Power the market-based rate wholesale power protest this filing should file with the Markets, LLC, Calpine Energy Service, sales rate schedule (the Rate Schedule) Federal Energy Regulatory Commission, L.P., Constellation Power Source, Inc., of Black Hills Generation, Inc., Rate 888 First Street, NE., Washington, DC and TXU Portfolio Management Schedule FERC No. 1. In addition, Black 20426, in accordance with rules 211 and Company LP under Oncor’s Tariff for Hills Wyoming states that it filed the 214 of the Commission’s rules of Transmission Service To, From and Rate Schedule, updated as appropriate practice and procedure (18 CFR 385.211 Over Certain Interconnections (TFO and in conformance with Order Nos. and 385.214). Protests will be Tariff). 614 and 2001, as Black Hills Wyoming, considered by the Commission in Oncor seeks waiver of the Inc., Rate Schedule FERC No. 1. determining the appropriate action to be Commission’s notice requirements to Comment Date: May 21, 2003. taken, but will not serve to make permit the transmission service 9. Panda Guadalupe Power Marketing, protestants parties to the proceeding. agreements to be effective on the date of LLC Any person wishing to become a party the commencement of service. Oncor must file a motion to intervene. All such states that this filing has been served [Docket No. ER03–803–000] motions or protests should be filed on upon each customer taking service Take notice that on May 1, 2003, or before the comment date, and, to the under the agreements and the Public Panda Guadalupe Power Marketing, LLC extent applicable, must be served on the Utility Commission of Texas. tendered for filing in Docket No. ER03– applicant and on any other person Comment Date: May 22, 2003. 803–000, a Notice of Termination and a designated on the official service list. 6. Southern California Edison Company Notice of Cancellation of Rate Schedule This filing is available for review at the FERC No. 1. Commission or may be viewed on the [Docket No. ER03–800–000] Comment Date: May 22, 2003. Commission’s Web site at http:// Take notice that on May 1, 2003, 10. Virginia Electric and Power www.ferc.gov, using the ‘‘FERRIS’’ link. Southern California Edison Company Company Enter the docket number excluding the (SCE) tendered for filing a Letter last three digits in the docket number Agreement between SCE and the [Docket No. ER03–804–000] field to access the document. For Mountainview Power Company L.L.C. Take notice that May 1, 2003, Virginia assistance, contact FERC Online (Mountainview) to supplement the Electric and Power Company, doing Support at terms of the Interconnection Facilities business as Dominion Virginia Power [email protected] or toll- Agreement between SCE and (Dominion Virginia Power) tendered for free at (866) 208–3676, or for TTY, Mountainview, Service Agreement No. 6 filing an executed First Revised contact (202) 502–8659. Protests and under SCE’s Transmission Owner Tariff Network Integration Transmission interventions may be filed electronically (TO Tariff). Service Agreement (NITSA) including via the Internet in lieu of paper; see 18 SCE states that copies of this filing an executed revised Network Operating CFR 385.2001(a)(1)(iii) and the were served upon the Public Utilities Agreement (collectively, Revised instructions on the Commission’s Web Commission of the State of California NITSA) between Dominion Virginia site under the ‘‘e-Filing’’ link. The and Mountainview. Power and Old Dominion Electric Commission strongly encourages Comment Date: May 22, 2003. Cooperative (ODEC). electronic filings. 7. Ohio Power Company Dominion Virginia Power requests that the Commission accept the Revised Magalie R. Salas, [Docket No. ER03–801–000] NITSA for filing and make it effective Secretary. Take notice that on May 1, 2003, on April 1, 2003. Dominion Virginia [FR Doc. 03–11943 Filed 5–13–03; 8:45 am] American Electric Power Service Power states that copies of the filing BILLING CODE 6717–01–P
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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY approximately 28 miles of existing 8- inch-diameter Bitter Creek supply Federal Energy Regulatory Federal Energy Regulatory lateral pipeline in Wyoming from 1,203 Commission Commission pounds per square inch gauge (psig) to [Docket No. CP02–37–000] 1,440 psig, and abandonment in-place of [Project No. 2552–058] segments of existing pipe at three road Williston Basin Interstate Pipeline crossings and replacement with heavier FPL Energy Maine Hydro, LLC; Notice Company; Notice of Availability of the walled pipe; of Availability of Final Environmental Final Environmental Impact Statement • MAOP upgrade on approximately Assessment for the Proposed Grasslands Pipeline 40 miles of existing 8-inch-diameter Project Recluse-Belle Creek supply lateral May 8, 2003. pipeline in Wyoming and Montana from May 8, 2003. In accordance with the National 1,203 psig to 1,440 psig, and The staff of the Federal Energy Environmental Policy Act of 1969 and abandonment in-place of segments of Regulatory Commission (FERC or the Federal Energy Regulatory existing pipe at eight road crossings and Commission) has prepared a Final replacement with heavier walled pipe; Commission’s (Commission) Environmental Impact Statement (FEIS) • regulations, 18 CFR part 380 (Order No. 4,180 horsepower (hp) of gas fired on the natural gas pipeline facilities compression (comprised of two 2,090 486, 52 FR 47897), Office of Energy proposed by Williston Basin Interstate hp compressors) at one new compressor Projects staff reviewed the application Pipeline Company (WBI), the station located in Dunn County, North for surrender of project license for the Grasslands Pipeline Project, in the Dakota (Manning Compressor Station), Fort Halifax Project, located on the above-referenced docket. and electric coolers installation at this Sebasticook River, Kennebec County, The FEIS was prepared to satisfy the station; Maine, and prepared a final requirements of the National • An additional transmission environmental assessment (EA) for the Environmental Policy Act. The staff compressor unit (1,200 hp) at the project. In the final EA, staff analyze the concludes that approval of the proposed existing Cabin Creek Compressor potential environmental effects of the project with the appropriate mitigating Station in Fallon County, Montana; surrender of license and conclude that measures as recommended, would have • 0.9 mile of 12-inch-diameter the surrender, or any other alternative limited adverse environmental impact. pipeline from the proposed mainline to considered, would not constitute a The FEIS also evaluates alternatives to the existing Cabin Creek Compressor major federal action significantly the proposal, including a system Station in Fallon County, Montana; affecting the quality of the human alternative; major route alternatives; and • 1.0 mile of 16-inch-diameter environment. route variations. pipeline from the proposed Manning The U.S. Department of the Interior, Copies of the final EA can be viewed Compressor Station to interconnect with Bureau of Land Management (BLM) is Northern Border Pipeline Company’s at the Commission in the Public participating as a cooperating agency in Reference Room or may be viewed on Compressor Station 5 in Dunn County, the preparation of this FEIS because the North Dakota; and the Commission’s Web site at project would cross Federal land under • http://www.ferc.gov using the ‘‘FERRIS’’ Various additional facilities, the jurisdiction of two field offices in including 14 mainline valves, 6 link. Enter the docket number excluding Wyoming and Montana. The U.S. cathodic protection units, 8 pig the last three digits in the docket Department of Agriculture, Forest launchers/receivers, 5 metering stations, number field to access the document. To Service (USFS) is also a cooperating and 3 regulators. be notified via email of new filings and agency in the preparation of this The purpose of the proposed facilities issuances related to this or other document because the Little Missouri would be to provide an additional outlet pending projects, register online at National Grasslands would be crossed for the increased production of natural http://www.ferc.gov/esubscribenow.htm. by the project. The FEIS will be used by gas in the Powder River Basin, allowing For assistance, contact FERC Online the BLM to consider issuance of a right- transportation of about 80 million cubic Support at of-way grant for the portion of the feet per day of natural gas; provide [email protected] or toll- project on all Federal lands. access to WBI’s storage facilities to free at 1–866–208–3676, or for TTY, The FEIS addresses the potential shippers of gas produced in the Powder (202) 502–8659. environmental effects of the River Basin and elsewhere; and provide construction and operation of the access to and from WBI’s storage Magalie R. Salas, following facilities: facilities to and from the facilities of • Secretary. Approximately 223 miles of new Northern Border Pipeline Company for [FR Doc. 03–12016 Filed 5–13–03; 8:45 am] 16-inch-diameter pipeline from near delivery to Midwestern and other BILLING CODE 6717–01–P Belle Creek, Montana, to the proposed national markets. Manning Compressor Station in Dunn The FEIS has been placed in the County, North Dakota; • public files of the FERC and is available Approximately 28 miles of 16-inch- for public inspection at: Federal Energy 1 diameter pipeline loop adjacent to Regulatory Commission, Public WBI’s existing Bitter Creek supply Reference and Files Maintenance lateral pipeline in Wyoming; • Branch, 888 First Street, NE., Room 2A, Maximum allowable operating Washington, DC 20426, (202) 502–8371. pressure (MAOP) upgrade on Copies of the FEIS have been mailed to Federal, state and local agencies, 1 A loop is a segment of pipeline that is usually installed adjacent to an existing pipeline and public interest groups, individuals who connected to it at both ends. The loop allows more have requested the FEIS, newspapers, gas to be moved through the system. and parties to this proceeding.
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In accordance with the Council on Commission and is available for public requirements of Rules of Practice and Environmental Quality’s (CEQ) inspection: Procedure, 18 CFR 385.210, 385.211, regulations implementing the National a. Application Type: Amendment of 385.214. In determining the appropriate Environmental Policy Act, no agency Exemption to Increase its Authorized action to take, the Commission will decision on a proposed action may be Nameplate Capacity. consider all protests or other comments made until 30 days after the U.S. b. Project No: 12094–004. filed, but only those who file a motion Environmental Protection Agency c. Date Filed: April 11, 2003. to intervene in accordance with the publishes a notice of availability of an d. Applicant: Hydro Technology Commission’s Rules may become a FEIS. However, the CEQ regulations Systems Inc. party to the proceeding. Any comments, provide an exception to this rule when e. Name of Project: Meyers Falls 1910 protests, or motions to intervene must an agency decision is subject to a formal Hydroelectric Project. be received on or before the specified internal appeal process which allows f. Location: The project is located on comment date for the particular other agencies or the public to make the Colville River, in Stevens County, application. their views known. In such cases, the Washington. o. Filing and Service of Responsive agency decision may be made at the g. Filed Pursuant to: Federal Power Documents: Any filings must bear in all same time the notice of the FEIS is Act, 16 U.S.C. 791a–825r. capital letters the title ‘‘COMMENTS’’, published, allowing both periods to run h. Applicant Contact: Michael ‘‘RECOMMENDATIONS FOR TERMS concurrently. The Commission decision Johnson, President, Hydro Technology AND CONDITIONS’’, ‘‘PROTEST’’, OR for this proposed action is subject to a Systems Inc., P.O. 683 Kettle Falls, WA ‘‘MOTION TO INTERVENE’’, as 30-day rehearing period. 99141 (509) 738–6544. applicable, and the Project Number of Additional information about the i. FERC Contact: Any questions on the particular application to which the project is available from the this notice should be addressed to Mr. filing refers. All documents (original Commission’s Office of External Affairs, Robert Shaffer at (202) 502–8944, or e- and eight copies) should be filed with: at 1–866–208-FERC or on the FERC mail address: [email protected]. Magalie R. Salas, Secretary, Federal Internet Web site (http://www.ferc.gov) j. Deadline for filing comments and or Energy Regulatory Commission, 888 using the FERRIS link. Click on the motions: June 9, 2003. First Street, NE., Washington, DC 20426. FERRIS link, enter the docket number k. Description of Request: The exempt A copy of any motion to intervene must excluding the last three digits in the project has an authorized capacity of also be served upon each representative Docket Number field. Be sure you have 300 kW (one generating unit) with a of the Applicant specified in the selected an appropriate date range. For hydraulic capacity of 50 cfs. Now the particular application. assistance with FERRIS, the FERRIS exemptee is planning to install two p. Agency Comments: Federal, state, helpline can be reached at 1–866–208– units instead of one but with the same and local agencies are invited to file 3676, TTY (202) 502–8659 or authorized installed and hydraulic comments on the described application. [email protected]. The capacity. In addition, the exemptee is A copy of the application may be FERRIS link on the FERC Internet Web proposing to add a small 65–kW obtained by agencies directly from the site also provides access to the texts of generating unit with a hydraulic Applicant. If an agency does not file formal documents issued by the capacity of 12 cfs. The exemptee states comments within the time specified for Commission, such as orders, notices, this proposal would improve the filing comments, it will be presumed to and rulemakings. operations efficiency of the project by have no comments. One copy of an In addition, the Commission now utilizing low flows (0 to 12 cfs) that are agency’s comments must also be sent to offers a free service called eSubscription available for generation but fall below the Applicant’s representatives. which allows you too keep track of all the minimum hydraulic capacity of the q. Comments, protests and formal issuances and submittals in bigger generating units. interventions may be filed electronically specific dockets. This can reduce the l. Locations of the Application: A via the Internet in lieu of paper. See 18 amount of time you spend researching copy of the application is available for CFR 385.2001(a)(1)(iii) and the proceedings by automatically providing inspection and reproduction at the instructions on the Commission’s Web you with notification of these filings, Commission’s Public Reference Room, site at http://www.ferc.gov under the ‘‘e- document summaries and direct links to located at 888 First Street, NE., Room Filing’’ link. the documents. Go to http:// 2A, Washington, DC 20426, or by calling Magalie R. Salas, www.ferc.gov/esubscribenow.htm. (202) 502–8371. This filing may also be viewed on the Commission’s Web site at Secretary. Magalie R. Salas, http://www.ferc.gov using the ‘‘FERRIS’’ [FR Doc. 03–12009 Filed 5–13–03; 8:45 am] Secretary. link. Enter the docket number excluding BILLING CODE 6717–01–P [FR Doc. 03–12008 Filed 5–13–03; 8:45 am] the last three digits in the docket BILLING CODE 6717–01–P number field to access the document. For assistance, call 1–866–208–3676 or DEPARTMENT OF ENERGY e-mail [email protected] . Federal Energy Regulatory DEPARTMENT OF ENERGY For TTY, call (202) 502–8659. A copy is Commission also available for inspection and Federal Energy Regulatory reproduction at the address in item (h) Commission Notice of Application Ready for above. Environmental Analysis and Soliciting Notice of Application for Amendment m. Individuals desiring to be included Comments, Recommendations, Terms of Exemption and Soliciting on the Commission’s mailing list should and Conditions, and Prescriptions Comments, Motions To Intervene, and so indicate by writing to the Secretary Protests of the Commission. May 8, 2003. n. Comments, Protests, or Motions to Take notice that the following May 8, 2003. Intervene: Anyone may submit hydroelectric application has been filed Take notice that the following comments, a protest, or a motion to with the Commission and is available application has been filed with the intervene in accordance with the for public inspection.
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a. Type of Application: Subsequent penstock; (5) a 600-kilowatt DEPARTMENT OF ENERGY License. powerhouse; and (6) appurtenant b. Project No.: 1273–009. facilities. Federal Energy Regulatory c. Date Filed: November 15, 2002. Commission d. Applicant: Parowan City. m. A copy of the application is on file e. Name of Project: Center Creek with the Commission and is available [Project No. 2210–089] Hydroelectric Project. for public inspection. This filing is available for review at the Commission Notice of Application for Amendment f. Location: At the confluence of of License and Soliciting Comments, in the Public Reference Room or may be Center Creek (aka Parowan Creek) and Motions To Intervene, and Protests Bowery Creek (a tributary to Parowan viewed on the Commission’s Web site at Creek) near the City of Parowan, in Iron http://www.ferc.gov using the ‘‘FERRIS’’ May 8, 2003. County, Utah. The project occupies link. Enter the docket number excluding Take notice that the following 21.43 acres of land managed by the U.S. the last three digits in the docket application has been filed with the Department of the Interior, Bureau of number field to access the document. Commission and are available for public Land Management. For assistance, please contact FERC inspection: g. Filed Pursuant to: Federal Power Online Support at a. Application Types: Non-Project Use Act 16 U.S.C. 791 (a)–825(r). [email protected] or toll- of Project Lands. h. Applicant Contact: Alden C. free at (866) 208–3676 or for TTY, (202) b. Project Nos: 2210–089. Robinson, P.E., Sunrise Engineering, 502–8659. A copy is also available for c. Date Filed: April 11, 2003. Inc., 25 East 500 North, Fillmore, Utah inspection and reproduction at the d. Applicant: Appalachian Power 84631, (435) 743–6151 and/or Clark Company (APC). address in item h above. Gates II, City Manager, Parowan City, e. Name of Project: Smith Mountain. P.O. Box 576, Parowan, Utah 84761, All filings must (1) bear in all capital f. Location: The project is located on (435) 477–3331. letters the title ‘‘COMMENTS’’, ‘‘REPLY the Roanoke River, in Bedford, i. FERC Contact: Gaylord Hoisington, COMMENTS’’, Pittsylvania, Franklin, and Roanoke (202) 502–8163, ‘‘RECOMMENDATIONS,’’ ‘‘TERMS Counties, Virginia. [email protected]. AND CONDITIONS,’’ or g. Filed Pursuant to: Federal Power j. Deadline for filing comments, ‘‘PRESCRIPTIONS;’’ (2) set forth in the Act, 16 U.S.C. 791 (a) 825(r) and 799 recommendations, terms and heading the name of the applicant and and 801. conditions, and prescriptions is 60 days the project number of the application to h. Applicant Contact: Teresa P. from the issuance date of this notice. which the filing responds; (3) furnish Rogers, Hydro Generation Department, Reply comments are due 105 days from the name, address, and telephone American Electric Power, P.O. Box the issuance date of this notice. number of the person submitting the 2021, Roanoke, VA 24022–2121, (540) All documents (original and eight filing; and (4) otherwise comply with 985–2451. i. FERC Contact: Any questions on copies) should be filed with: Magalie R. the requirements of 18 CFR 385.2001 Salas, Secretary, Federal Energy this notice should be addressed to Mrs. through 385.2005. All comments, Regulatory Commission, 888 First Heather Campbell at (202) 502–6182, or recommendations, terms and conditions Street, NE., Washington, DC 20426. e-mail address: The Commission’s Rules of Practice or prescriptions must set forth their [email protected]. require all intervenors filing documents evidentiary basis and otherwise comply j. Deadline for filing comments and or with the Commission to serve a copy of with the requirements of 18 CFR 4.34(b). motions: June 9, 2003. that document on each person on the Agencies may obtain copies of the All documents (original and eight official service list for the project. application directly from the applicant. copies) should be filed with: Ms. Further, if an intervenor files comments Each filing must be accompanied by Magalie Roman Salas, Secretary, Federal or documents with the Commission proof of service on all persons listed on Energy Regulatory Commission, 888 relating to the merits of an issue that the service list prepared by the First Street, NE., Washington DC 20426. may affect the responsibilities of a Commission in this proceeding, in Please include the project number (P– particular resource agency, they must accordance with 18 CFR 4.34(b), and 2210–089) on any comments or motions also serve a copy of the document on 385.2010. filed. Comments, protests, and that resource agency. You may also register online at http:/ interventions may be filed electronically Comments, recommendations, terms /www.ferc.gov/esubscribenow.htm to be via the internet in lieu of paper. See 18 and conditions, and prescriptions may CFR 385.2001(a)(1)(iii) and the notified via email of new filings and be filed electronically via the Internet in instructions on the Commission’s Web issuances related to this or other lieu of paper. The Commission strongly site under the ‘‘e-Filing’’ link. The pending projects. For assistance, contact encourages electronic filings. See 18 Commission strongly encourages e- CFR 385.2001(a)(1)(iii) and the FERC Online Support. filings. instructions on the Commission’s Web Magalie R. Salas, k. Description of Request: APC is site ( http://www.ferc.gov ) under the ‘‘e- Secretary. requesting Commission approval to Filing’’ link. permit J.W. Holdings, Inc. (permittee) to [FR Doc. 03–12014 Filed 5–13–03; 8:45 am] k. This application has been accepted, install and operate 3 stationary docks and is ready for environmental analysis BILLING CODE 6717–01–P for a total of one hundred seventeen at this time. (117) covered stationary slips and l. The existing Center Creek nineteen (19) floating courtesy docks. Hydroelectric Project consists of: (1) A The facilities would be constructed 15-foot-high, 54-foot-long concrete along the Roanoke River at an area overflow type diversion dam; (2) a known as the Bridge Club. No dredging radial gate; (3) trash racks; (4) a 19.9 is planned as part of this proposal. acre-foot de-silting pond; (5) an 18 to l. Location of the Application: This 26-inch-diameter, 18,825-foot-long steel filing is available for review at the
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Commission in the Public Reference DEPARTMENT OF ENERGY facilities, but is based on management Room 888 First Street, NE., Room 2A, practices established over the years. The Washington, DC 20426 or may be Federal Energy Regulatory SMP designates multiple classifications viewed on the Commission’s Web site at Commission of the shoreline and specifies what http://www.ferc.gov using the ‘‘FERRIS’’ shoreline facilities and activities will be Notice of Application for Amendment link. Enter the docket number excluding allowed in each of the classifications to of License and Soliciting Comments, help manage non-project uses of the last three digits in the docket Motions To Intervene, and Protests number field to access the document. shoreline lands within the project For assistance, call toll-free 1–866–208– May 8, 2003. boundary. l. Locations of the Application: This 3676 or e-mail Take notice that the following filing is available for review and [email protected]. For TTY, application has been filed with the reproduction at the Commission’s call (202) 502–8659. A copy is also Commission and is available for public Public Reference Room, located at 888 available for inspection and inspection: First Street, NE., Room 2A, Washington, reproduction at the address in item h a. Application Type: Shoreline DC 20426, or by calling (202) 502–8371. above. Management Plan. This filing may also be viewed on the b. Project No: 271–068. Commission’s Web site at http:// m. Individuals desiring to be included c. Date Filed: April 14, 2003. on the Commission’s mailing list should www.ferc.gov using the ‘‘FERRIS’’ link. d. Applicant: Entergy Arkansas, Inc. Enter the docket number excluding the so indicate by writing to the Secretary (Entergy). of the Commission. last three digits in the docket number e. Name of Project: Carpenter-Remmel field to access the document. For n. Comments, Protests, or Motions to Hydroelectric Project. assistance, please contact FERC Online Intervene: Anyone may submit f. Location: On the Ouachita River, a Support at comments, a protest, or a motion to navigable waterway of the United [email protected] or call intervene in accordance with the States, in Garland and Hot Springs toll-free 1–866–208–3676, or for TTY, requirements of Rules of Practice and Counties, Arkansas. There are 34.3 acres contact (202) 502–8659. A copy is also Procedure, 18 CFR 385.210, 385.211, of federally owned lands within the available for inspection and 385.214. In determining the appropriate project boundary around Lake Hamilton reproduction at the address in item (h) action to take, the Commission will which are under the supervision of the above. consider all protests or other comments U.S. Army Corps of Engineers (Corps). m. Individuals desiring to be included filed, but only those who file a motion g. Filed Pursuant to: Federal Power on the Commission’s mailing list should to intervene in accordance with the Act, 16 U.S.C. 791(a)–825(r). so indicate by writing to the Secretary h. Applicant Contact: Mr. Douglas R. Commission’s Rules may become a of the Commission. Sikes, Manager, Hydro Operations, party to the proceeding. Any comments, n. Comments, Protests, or Motions to Entergy Arkansas, Inc., 141 West County protests, or motions to intervene must Intervene: Anyone may submit Line Road, Malvern, AR 72104. Phone: be received on or before the specified comments, a protest, or a motion to (501) 844–2148. intervene in accordance with the comment date for the particular i. FERC Contact: Any questions on application. requirements of Rules of Practice and this notice should be addressed to Procedure, 18 CFR 385.210, 385.211, o. Filing and Service of Responsive Shana High at (202) 502–8674, or e-mail 385.214. In determining the appropriate Documents: Any filings must bear in all address: [email protected]. action to take, the Commission will capital letters the title ‘‘COMMENTS’’, j. Deadline for filing comments and/ consider all protests or other comments ‘‘RECOMMENDATIONS FOR TERMS or motions: June 9, 2003. filed, but only those who file a motion AND CONDITIONS’’, ‘‘PROTEST’’, OR All documents (original and eight to intervene in accordance with the ‘‘MOTION TO INTERVENE’’, as copies) should be filed with: Magalie R. Commission’s Rules may become a applicable, and the Project Number of Salas, Secretary, Federal Energy party to the proceeding. Any comments, the particular application to which the Regulatory Commission, 888 First protests, or motions to intervene must filing refers. A copy of any motion to Street, NE., Washington DC 20426. be received on or before the specified intervene must also be served upon each Please include the project number (271– comment date for the particular representative of the Applicant 068) on any comments or motions filed. application. specified in the particular application. Comments, protests and interventions o. Filing and Service of Responsive may be filed electronically via the Documents: Any filings must bear in all p. Agency Comments: Federal, state, Internet in lieu of paper. See 18 CFR capital letters the title ‘‘COMMENTS’’, and local agencies are invited to file 385.2001(a)(1)(iii) and the instructions ‘‘RECOMMENDATIONS FOR TERMS comments on the described on the Commission’s Web site under the AND CONDITIONS’’, ‘‘PROTEST’’, OR applications. A copy of the application ‘‘e-Filing’’ link. ‘‘MOTION TO INTERVENE’’, as may be obtained by agencies directly k. Description of Proposal: Entergy applicable, and the Project Number of from the Applicant. If an agency does developed a Shoreline Management the particular application to which the not file comments within the time Plan (SMP) to comply with article 408 filing refers. A copy of any motion to specified for filing comments, it will be of the project license. The SMP is a intervene must also be served upon each presumed to have no comments. One comprehensive plan to manage the representative of the Applicant copy of an agency’s comments must also multiple resources and uses of the specified in the particular application. be sent to the Applicant’s project’s shorelines in a manner that is p. Agency Comments: Federal, state, representatives. consistent with license requirements and local agencies are invited to file and project purposes, and to address the comments on the described application. Magalie R. Salas, needs of the local public. The SMP A copy of the application may be Secretary. introduces some new strategies obtained by agencies directly from the [FR Doc. 03–12015 Filed 5–13–03; 8:45 am] regarding the management and Applicant. If an agency does not file BILLING CODE 6717–01–P permitting of shoreline activities and comments within the time specified for
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filing comments, it will be presumed to in making arrangements should contact available for the public on the have no comments. One copy of an David Reininger or Julia Morelli at the Commission’s FERRIS system seven agency’s comments must also be sent to Capitol Connection (703–993–3100) as calendar days after FERC receives the the Applicant’s representatives. soon as possible or visit the Capitol transcript. Additionally, Capitol Connection Web site at http:// Magalie R. Salas, Connection offers the opportunity for www.capitolconnection.org and click on Secretary. remote listening of the conference via ‘‘FERC.’’ Real Audio or a Phone Bridge [FR Doc. 03–12017 Filed 5–13–03; 8:45 am] For more information about the Connection for a fee. Persons interested BILLING CODE 6717–01–P conference, please contact Sarah in making arrangements should contact McKinley at (202) 502–8004 or David Reininger or Julia Morelli at the [email protected]. DEPARTMENT OF ENERGY Capitol Connection (703–993–3100) as Magalie R. Salas, soon as possible or visit the Capitol Federal Energy Regulatory Secretary. Connection Web site at http:// Commission [FR Doc. 03–12018 Filed 5–13–03; 8:45 am] www.capitolconnection.org and click on [Docket No. RM01–12–000] BILLING CODE 6717–01–P ‘‘FERC.’’ For more information about the Remedying Undue Discrimination conference, please contact Sarah Through Open Access Transmission DEPARTMENT OF ENERGY McKinley at (202) 502–8004 or Service and Standard Electricity [email protected]. Market Design; Notice of Technical Federal Energy Regulatory Conference Commission Magalie R. Salas, [Docket No. RM01–12–000] Secretary. May 8, 2003. [FR Doc. 03–12019 Filed 5–13–03; 8:45 am] Take notice that a technical Remedying Undue Discrimination BILLING CODE 6717–01–P conference will be held on June 11, Through Open Access Transmission 2003, from 1 p.m. to 5 p.m. at the Service and Standard Electricity Doubletree Hotel, 1616 Dodge Street, Market Design; Notice of Technical DEPARTMENT OF ENERGY Omaha, Nebraska. Members of the Conference Commission will attend and participate Federal Energy Regulatory in the discussions. May 8, 2003. Commission This conference shall be one of a Take notice that a technical series of regional technical conferences conference will be held on May 20, announced in the White Paper issued in 2003, from approximately 10 a.m. to 4 [Project No. 12097–001] this docket on April 28, 2003. The p.m., at the Boston Marriott Copley Commission intends to use these Place, 110 Huntington Avenue, Boston, Green River 3 Associates; Notice of conferences to discuss with states and Massachusetts. Members of the Surrender of Preliminary Permit market participants in each region Commission will attend and participate May 8, 2003. reasonable timetables for addressing in the discussions. wholesale market design issues This conference shall be the first of a Take notice that Green River 3 discussed in the White Paper and ways series of regional technical conferences Associates, permittee for the proposed to tailor the final rule in this proceeding announced in the White Paper issued in Green River Dam 3 Project, has to benefit customers within the region. this docket on April 28, 2003. The requested that its preliminary permit be The Commission will issue notices of Commission intends to use these terminated. The permit was issued on subsequent conferences at a later time. conferences to discuss with states and November 26, 2001, and would have The Commission is inviting selected market participants in each region expired on October 31, 2004. The panelists to participate in this reasonable timetables for addressing project would have been located on the conference; it is not entertaining wholesale market design issues Green River in Ohio County, Kentucky. requests to make presentations. Further discussed in the White Paper and ways The permittee filed the request on details of the conference, including the to tailor the final rule in this proceeding agenda, will be specified in a to benefit customers within the region. April 7, 2003, and the preliminary subsequent notice. All interested The Commission will issue notices of permit for Project No. 12097 shall persons may attend the conference, and subsequent conferences at a later time. remain in effect through the thirtieth registration is not required. However, The Commission is inviting selected day after issuance of this notice unless in-person attendees are asked to register panelists to participate in this that day is a Saturday, Sunday, or on-line at http://www.ferc.gov/home/ conference; it is not entertaining holiday as described in 18 CFR conferences.asp. requests to make presentations. Further 385.2007, in which case the permit shall Transcripts of the conference will be details of the conference, including the remain in effect through the first immediately available from Ace agenda, will be specified in a business day following that day. New Reporting Company (202–347–3700 or subsequent notice. All interested applications involving this project site, 1–800–336–6646) for a fee. They will be persons may attend the conference, and to the extent provided for under 18 CFR available for the public on the registration is not required. However, part 4, may be filed on the next business Commission’s FERRIS system seven in-person attendees are asked to register day. calendar days after FERC receives the on-line at http://www.ferc.gov/home/ transcript. Additionally, Capitol conferences.asp. Magalie R. Salas, Connection offers the opportunity for Transcripts of the conference will be Secretary. remote listening of the conference via immediately available from Ace [FR Doc. 03–12011 Filed 5–13–03; 8:45 am] Real Audio or a Phone Bridge Reporting Company (202–347–3700 or BILLING CODE 6717–01–P Connection for a fee. Persons interested 1–800–336–6646) for a fee. They will be
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DEPARTMENT OF ENERGY business day following that day. New to implement and enforce the Federal applications involving this project site, prevention of significant deterioration of Federal Energy Regulatory to the extent provided for under 18 CFR air quality (PSD) permit program Commission part 4, may be filed on the next business regulations, as revised in amendments [Project No. 12096–001] day. published on December 31, 2002 (federal PSD regulations). The Clean Air Magalie R. Salas, Green River 5 Associates; Notice of Act (CAA) authorizes EPA to delegate Secretary. Surrender of Preliminary Permit its authority to implement and enforce [FR Doc. 03–12012 Filed 5–13–03; 8:45 am] the federal PSD regulations to any state May 8, 2003. BILLING CODE 6717–01–P that has submitted a demonstration that Take notice that Green River 5 it possesses adequate implementation Associates, permittee for the proposed and enforcement resources and Green River Dam 5 Project, has DEPARTMENT OF ENERGY procedures. After thorough requested that its preliminary permit be consideration of Ecology’s request and terminated. The permit was issued on Federal Energy Regulatory Commission other available information, EPA has November 26, 2001, and would have determined that such delegation of expired on October 31, 2004. The [Project No. 12124–001] authority is appropriate consistent with project would have been located on the the conditions set forth in the delegation Green River in Butler County, Kentucky. Quantum Energy Solutions; Notice of agreement reproduced below. Surrender of Preliminary Permit The permittee filed the request on DATES: The delegation agreement April 7, 2003, and the preliminary May 8, 2003. granting authority to Ecology for the permit for Project No. 12096 shall Take notice that Quantum Energy Federal PSD program is effective March remain in effect through the thirtieth 28, 2003. day after issuance of this notice unless Solutions, permittee for the proposed ADDRESSES: Copies of information that day is a Saturday, Sunday, or Tillamook River Jetty Project, has requested that its preliminary permit be relevant to the partial delegation are holiday as described in 18 CFR available for inspection during normal 385.2007, in which case the permit shall terminated. The permit was issued on March 13, 2002, and would have business hours at the following location: remain in effect through the first EPA, Region 10, Office of Air Quality business day following that day. New expired on February 28, 2005. The project would have been located on the (OAQ–107), 1200 Sixth Avenue, Seattle, applications involving this project site, Washington 98101. to the extent provided for under 18 CFR existing Tillamook River Jetty in FOR FURTHER INFORMATION CONTACT: Dan part 4, may be filed on the next business Tillamook County, Oregon. Meyer, EPA, Region 10, Office of Air day. The permittee filed the request on April 2, 2003, and the preliminary Quality, (206) 553–4150. Magalie R. Salas, permit for Project No. 12124 shall SUPPLEMENTARY INFORMATION: Secretary. remain in effect through the thirtieth I. Background [FR Doc. 03–12010 Filed 5–13–03; 8:45 am] day after issuance of this notice unless BILLING CODE 6717–01–P that day is a Saturday, Sunday, or EPA granted Ecology full delegation holiday as described in 18 CFR to implement and enforce the federal 385.2007, in which case the permit shall PSD regulations in a delegation DEPARTMENT OF ENERGY remain in effect through the first agreement dated February 7, 2002. The business day following that day. New PSD program covers any new Federal Energy Regulatory applications involving this project site, construction or any major modification Commission to the extent provided for under 18 CFR of a major stationary air emission source [Project No. 12123–001] part 4, may be filed on the next business in an area which has air quality better day. than the national ambient air quality Quantum Energy Solutions; Notice of standards. The program requires the Magalie R. Salas, Surrender of Preliminary Permit issuance of permits prior to construction Secretary. or modification of certain sources. EPA May 8, 2003. [FR Doc. 03–12013 Filed 5–13–03; 8:45 am] recently promulgated revisions to the Take notice that Quantum Energy BILLING CODE 6717–01–P federal PSD regulations found in 40 CFR Solutions, permittee for the proposed 52.21. See 67 FR 80186 (December 31, Columbia River Jetty Project, has 2002). In general, these changes affect requested that its preliminary permit be ENVIRONMENTAL PROTECTION the applicability of the federal PSD terminated. The permit was issued on AGENCY program to modifications to existing April 22, 2002, and would have expired major stationary sources. on March 31, 2005. The project would [FRL–7498–4] Ecology has requested authority to have been located on the existing Partial Delegation of Authority for continue to implement the federal PSD Columbia River Jetty in Clatsop County, Prevention of Significant Deterioration regulations, as published on December Oregon. of Air Quality; Washington Department 31, 2002, to the extent possible while The permittee filed the request on of Ecology Ecology determines how to revise the April 2, 2003, and the preliminary State PSD regulations to meet the new permit for Project No. 12123 shall AGENCY: Environmental Protection federal requirements. EPA has reviewed remain in effect through the thirtieth Agency (EPA). the States’ current statutory and day after issuance of this notice unless ACTION: Information notice. regulatory authority and has determined that day is a Saturday, Sunday, or that Ecology has authority to implement holiday as described in 18 CFR SUMMARY: The State of Washington and enforce the federal PSD regulations, 385.2007, in which case the permit shall Department of Ecology (Ecology) has as published on December 31, 2002, remain in effect through the first requested partial delegation of authority except for applications for PAL
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increases under 40 CFR 52.21(aa)(11), II. Legal Authority a. Except for applications for PAL increases subject to the conditions set forth in the A. Pursuant to 40 CFR 52.21(u), EPA may under 40 CFR 52.21(aa)(11), Ecology is Agreement for Partial Delegation of the delegate to a State full or partial delegated authority to receive all permit Federal Prevention of Significant responsibility for conducting new source applications, requests for applicability review pursuant to the federal PSD determination, notifications, reports, notices Deterioration (PSD) Program by the and other documents required under or that United States Environmental Protection regulations found in 40 CFR 52.21. B. As discussed above, Ecology has relate to the federal PSD regulations. Agency, Region 10 to the State of adopted by reference, with certain minor b. Ecology is delegated authority to Washington Department of Ecology changes, the federal PSD regulations found in process, issue, and enforce PSD permits for dated March 28, 2003. 40 CFR 52.21, as in effect on July 1, 2000. any physical or operational change to an See WAC 173–400–117, –141, and –171. existing stationary source that Ecology II. Terms of Delegation of Authority C. EPA has determined that Chapter 43.05 determines is subject to the State PSD A copy of the Delegation Agreement of the Revised Code of Washington (RCW), regulations and the federal PSD regulations, often referred to as ‘‘House Bill 1010,’’ provided, however, that Ecology will note in can be viewed or downloaded from the the permit record any instance where Internet at http://www.ecy.wa.gov/ conflicts with the delegation requirements of 40 CFR 52.21(u). Based on this Ecology determines that an emission unit or programs/air/psd/ pollutant is subject to the State PSD _ _ determination, Ecology has determined that PSD EPA Final03.pdf. The Delegation Chapter 43.05 RCW does not apply to permit regulations but not the federal PSD of the federal PSD regulations to to construct requirements of Chapter 173–400 regulations. Ecology is subject to the conditions set WAC, including the State PSD regulations. c. Ecology is delegated authority to forth in the following agreement: D. The Ecology Division of the Washington conduct applicability determinations that Attorney General’s Office has issued an relate to the applicability of the federal PSD Agreement for Partial Delegation of the opinion 1 stating that the provisions of RCW regulations to physical or operational Federal Prevention of Significant 70.94.035, ‘‘Air Technical Assistance Visits changes to existing stationary sources, Deterioration (PSD) Program by the United by Ecology,’’ do not prevent enforcement provided, however, that the following State Environmental Protection Agency, additional conditions apply in the actions, but only require Ecology to wait Region 10 to the State of Washington circumstances described below. For purposes until the end of the correction period to Department of Ecology of this Delegation Agreement, an determine whether enforcement action is applicability determination includes a Through this agreement, the Washington appropriate. Based on that opinion letter, written determination in a preliminary State Department of Ecology (Ecology) and EPA has determined that RCW 70.94.035 decision or permit. the Environmental Protection Agency (EPA) does not impermissibly interfere with (i) Determining the Emissions Increase establish the legal and procedural bases for Washington’s enforcement authority. See 59 (A) Applicability Test for Physical or Ecology to conduct new source review and to FR 42552 (August 18, 1994) (proposed implement and enforce portions of the Operational Changes to Existing Electric interim approval of Washington’s title V Utility Steam Generating Units (EUSGUs) federal PSD regulations found in 40 CFR program). 52.21 (effective March 3, 2003). and Construction of Replacement EUSGUs. E. Ecology and EPA agree that (I) Determination—Applicability. Ecology I. Introduction requirements issued in PSD permits under is delegated the authority to act upon the authority of WAC 173–400–110, –113 and Ecology has adopted by reference, with requests from sources to determine whether –141 are federally enforceable requirements a significant emissions increase will result certain minor changes, the federal PSD of the State Implementation Plan even in regulations found in 40 CFR 52.21, as in from a physical or operational change to an cases where a federal PSD permit is not EUSGU or the construction of a replacement effect on July 1, 2000. See WAC 173–400– required under 40 CFR 52.21. For purposes 117, –141, 113 and –171 (effective September EUSGU, and to determine whether a of incorporating all applicable requirements significant net emissions increase will occur 15, 2001). The provisions of WAC 173–400– into the Title V permit, the components of 117, –141, and –171 as in effect on at the stationary source. Upon issuance of the the PSD permit applicable to State PSD determination, Ecology will provide to EPA September 15, 2001, shall hereafter be requirements remains federally enforceable referred to as the ‘‘State PSD regulations.’’ and the Title V permitting authority a copy as a component of the SIP notice of of Ecology’s determination along with a copy Based on those changes, EPA granted construction approval. Ecology full delegation to implement and of the request. enforce the federal PSD regulations in a III. Scope of Delegation (II) Determination—Baseline Actual delegation agreement dated February 7, 2002. Emissions 3. Ecology is delegated the A. Pursuant to 40 CFR 52.21(u), EPA authority to act upon requests from sources EPA recently promulgated revisions to the hereby delegates to Ecology partial federal PSD regulations found in 40 CFR to use a different time period than that responsibility for conducting federal new specified in 40 CFR 52.21(b)(48)(i) to 52.21. See 67 FR 80186, (December 31, 2002). source review and for implementing and In general, these changes affect the calculate baseline actual emissions. Upon enforcing the federal PSD regulations for all issuance of the determination, Ecology will applicability of the federal PSD program to sources located in the State of Washington as modifications to existing major stationary provide to EPA and the Title V permitting follows, subject to the terms and conditions authority a copy of the determination along sources. The provisions of 40 CFR 52.21, as of this Delegation Agreement: revised on March 3, 2003 shall hereafter be with a copy of the request. 1. Ecology has full delegation to conduct referred to as the ‘‘federal PSD regulations.’’ (III) Reporting—Projected Actual federal new source review and to implement Ecology and EPA desire to continue to Emissions. Ecology is delegated the authority and enforce the federal PSD regulations for have Ecology implement and enforce the to receive from sources the information all new major stationary sources. federal PSD regulations to the extent possible required under 40 CFR 52.21(r)(6)(ii) to 2. Ecology has partial delegation to while Ecology determines how to revise the calculate an EUSGU’s projected actual conduct federal new source review and to 4 State PSD regulations to meet the new federal emissions at a stationary source. Ecology implement and enforce the federal PSD requirements. Accordingly, EPA and Ecology regulations for all physical or operational are entering into this partial Delegation (a) any physical or operational change to an existing changes to existing stationary sources 2 as Agreement. major stationary source and (b) any physical or follows: As part of the transition process for operational change that would occur at a stationary implementing the new provisions, Ecology source not otherwise qualifying under 40 CFR 1 52.21(b)(1) as a major stationary source if the and EPA intend to allow permit applicants to Letter from Mary Sue Wilson, Assistant Attorney General, to Chuck Clarke, Regional change would constitute a major stationary source withdraw any PSD permit applications Administrator, dated June 7, 1994, regarding by itself. submitted prior to March 3, 2003, and Supplement to October 27, 1993 and December 30, 3 Sources are required to obtain this currently under review to afford permit 1993 Attorney General Opinion Letters for determination from Ecology prior to beginning applicants the opportunity to re-evaluate Washington State Department of Ecology. actual construction. their projects in light of the revised federal 2 The reference to ‘‘physical or operational 4 EUSGUs opting to use the actual-to-projected- PSD requirements if they so choose. changes to existing stationary sources’’ covers both actual applicability test are required to submit this
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will forward a copy of the information to designation.8 Ecology will forward a copy of the notices to EPA and the Title V permitting EPA and the Title V permitting authority the notices to EPA and the Title V permitting authority upon receipt of the notices. upon receipt of the information. authority upon receipt of the notices. (II) Re-designation. Ecology is delegated (IV) Reporting—Actual Annual Emissions. (II) Re-designation. Ecology is delegated the authority to act upon requests from Ecology is delegated the authority to receive the authority to act upon requests from sources to re-designate an emissions unit as from sources the annual emissions report sources to re-designate an emissions unit as a Clean Unit pursuant to 40 CFR required under 40 CFR 52.21(r)(6)(iv) for an a Clean Unit pursuant to 40 CFR 52.21(y)(3)(iv).13 Upon issuance of the final EUSGU at a stationary source.5 Ecology will 52.21(x)(3)(iii) or 40 CFR 52.21(y)(3)(iv).9 permit or order, Ecology will provide to EPA forward a copy of any emission report to EPA Upon issuance of the final permit or order, and the Title V permitting authority a copy and the Title V permitting authority upon Ecology will provide to EPA and the Title V of the permit or order along with a copy of receipt of the report. permitting authority a copy of the final the request. (B) Applicability Test for Physical or permit or order along with a copy of the (a) Coordination with Title V Permitting Operational Changes to Existing Units (non- request. Authority. Ecology will coordinate with the EUSGUs) and Construction of Replacement (a) Coordination with Title V Permitting Title V permitting authority to ensure that Units (non-EUSGUs).6 Authority. Ecology will coordinate with the the terms and conditions required under 40 (I) Determination—Applicability. Ecology Title V permitting authority to ensure that CFR 52.21(y)(8)(i)–(vi) related to the Clean is delegated the authority to act upon the terms and conditions required under 40 Unit are included in the Title V permit for requests from sources to determine whether CFR 52.21(x)(6)(i)–(vi) or 40 CFR the source. a significant emissions increase will result 52.21(y)(8)(i)–(vi), as applicable, related to (b) Reporting. Ecology is delegated the from a physical or operational change to an the Clean Unit are included in the Title V authority to receive from sources the notices emissions unit or the construction of a permit for the source. required under 40 CFR 52.21(y)(8)(ii) and (iii) replacement emissions unit, and to (b) Reporting. Ecology is delegated the specifying the effective date and expiration determine whether a significant net authority to receive from sources the notices date, respectively, of the Clean Unit emissions increase will occur at the required under 40 CFR 52.21(x)(6)(ii) and (iii) designation.14 Ecology will forward a copy of stationary source. Upon issuance of the or 40 CFR 52.21(y)(8)(ii) and (iii), as the notices to EPA and the Title V permitting determination, Ecology will provide to EPA applicable, specifying the effective date and authority upon receipt of the notices. and the Title V permitting authority a copy expiration date, respectively, of the Clean (iii) Pollution Control Projects of the determination along with a copy of the Unit designation.10 Ecology will forward a (A) PCP I. Projects presumed to be request. copy of the notices to EPA and the Title V environmentally beneficial. (II) Reporting—Actual Annual Emissions. permitting authority upon receipt of the (I) The provisions of 40 CFR 52.21(z) for Ecology is delegated the authority to receive notices. projects listed as PCPs under 40 CFR from sources the annual emissions report (B) Clean Unit II—Units which Do Not 52.21(b)(32)(i)–(vi) are self-implementing. under 40 CFR 52.21(r)(6)(v) for an emissions Automatically Qualify as a Clean Unit. Ecology is delegated authority to receive from unit at a stationary source.7 Ecology will (I) Original Designation. Ecology is sources the notices required by 40 CFR forward a copy of the emissions report to delegated the authority to act upon requests 52.21(z)(1) and to request additional EPA and the Title V permitting authority from sources to designate an emissions unit information necessary to evaluate the upon receipt of the report. as a Clean Unit pursuant to 40 CFR suitability of the project for the PCP (ii) Clean Units 52.21(y)(3).11 Upon issuance of the final exemption as provided in 40 CFR 52.21(z)(4). (A) Clean Unit I—Units which permit or order, Ecology will provide to EPA Ecology will forward a copy of the notice to Automatically Qualify as a Clean Unit. and the Title V permitting authority a copy EPA and the Title V permitting authority (I) Original Designation. The provisions of of the permit or order along with a copy of upon receipt of the notice. 40 CFR 52.21(x) for automatic Clean Unit the request. (II) Coordination with Title V Permitting designation are self-implementing for (a) Coordination with Title V Permitting Authority. Ecology will coordinate with the emissions units that have been issued a Authority. Ecology will coordinate with the Title V permitting authority to ensure that BACT determination in a federal or SIP- Title V permitting authority to ensure that the terms and conditions required under 40 approved major new source review permit the terms and conditions required by 40 CFR CFR 52.21(z)(6) are included in the Title V within the last 10 years. 52.21(y)(8)(i)–(vi) related to the Clean Unit permit for the source. (a) Coordination with Title V Permitting are included in the Title V permit for the (B) PCP II. Projects not presumed to be Authority. Ecology will coordinate with the source. environmentally beneficial. Title V permitting authority to ensure that (b) Reporting. Ecology is delegated the (I) For projects not listed as PCPs under 40 the terms and conditions required by 40 CFR authority to receive from sources the notices CFR 52.21(b)(32)(i)–(vi), Ecology is delegated 52.21(x)(6)(i)–(vi) related to the Clean Unit required under 40 CFR 52.21(y)(8)(ii) and (iii) the authority to act upon requests from are included in the Title V permit for the specifying the effective date and expiration sources for approval to use the PCP exclusion source. date, respectively, of the Clean Unit as provided in 40 CFR 52.21(z)(1) and (5).15 (b) Reporting. Ecology is delegated the designation.12 Ecology will forward a copy of Upon issuance of the final permit or order, authority to receive from sources the notices Ecology will provide to EPA and the Title V required under 40 CFR 52.21(x)(6)(ii) and (iii) 8 Sources are required to submit notices to permitting authority a copy of the permit or specifying the effective date and expiration Ecology only if the effective date and expiration order along with a copy of the request. date, respectively, of the Clean Unit date are not known when the Clean Unit (II) Coordination with Title V Permitting designation is recorded in the Title V permit. Authority. Ecology will coordinate with the information to Ecology prior to beginning actual 9 Sources have the option of requesting Clean Title V permitting authority to ensure that construction. Status re-designation pursuant to the requirements the terms and conditions required under 40 5 EUSGUs opting to utilize the actual-to- of 40 CFR 52.21(x)(3)(iii) or 40 CFR 52.21(y)(3)(iv). CFR 52.21(z)(6) are included in the Title V For requests seeking approval under 40 CFR projected-actual applicability test are required to permit for the source. submit this report to Ecology within 60 days after 52.21(x)(3)(iii), Ecology intends to use its authority the end of each year during which records must be under WAC 173–400–141. For requests seeking generated under 40 CFR 52.21(r)(6)(iii). approval under 40 CFR 52.21(y)(3)(iv), Ecology date are not known when the Clean Unit 6 For a discussion regarding the treatment of intends to use its authority under WAC 173–400– designation is recorded in the Title V permit. replacement units, please refer to 67 FR 80194. 091. 13 For requests seeking approval under 40 CFR 7 Non-EUSGUs opting to utilize the actual-to- 10 Sources are required to submit notices to 52.21(y)(3), Ecology intends to use its authority future-actual applicability test are required to Ecology only if the effective date and expiration under WAC 173–400–091. submit this report to Ecology if annual emissions date are not known when the Clean Unit 14 Sources are required to submit notices to exceed baseline actual emissions by a significant designation is recorded in the Title V permit. Ecology only if the effective date and expiration amount and if such emissions differ from the 11 For requests seeking approval under 40 CFR date are not known when the Clean Unit preconstruction projection. The report is to be 52.21(y)(3), Ecology intends to use its authority designation is recorded in the Title V permit. submitted within 60 days after the end of each year under WAC 173–400–091. 15 For requests seeking approval under 40 CFR during which records must be generated under 40 12 Sources are required to submit notices to 52.21(z)(5), Ecology intends to use its authority CFR 52.21(r)(6)(iii). Ecology only if the effective date and expiration under WAC 173–400–091 and –110 as appropriate.
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(iv) Plantwide Applicability Limitations not under the State PSD regulations. All PSD permits, Clean Unit Designations, (A) Ecology PALs. permit applications, notices, and reports Pollution Control Project Approvals, and (I) Ecology is delegated the authority to act relating to such changes received by Ecology PALs shall be conducted in consultation and upon an application from a source for a PAL shall be promptly forwarded to EPA or the coordination with TIES. All applicability pursuant to 40 CFR 52.21(aa)(1)16. applicant shall be directed to submit the determinations under this Delegation (a) Upon issuance of the final permit or application materials directly to EPA. Agreement will be made by the Manager of order, Ecology will provide to EPA and the 4. The parties acknowledge that under TIES or a higher level manager within Title V permitting authority a copy of the certain circumstances the State PSD Ecology. In no event will an applicability permit along with a copy of the request. regulations and federal PSD regulations have determination be made at a level lower than (b) Coordination with Title V Permitting different applicability criteria and that the Manager of TIES. Ecology will ensure that Authority. Ecology will coordinate with the obtaining an exemption under one set of PSD other Ecology offices and local air authorities Title V permitting authority to ensure that regulations does not relieve a facility from are aware that all PSD applicability the terms and conditions required in the PAL compliance with the other PSD regulations. determinations under this Delegation permit or order are included in the Title V B. Ecology’s delegation to conduct new Agreement must be made by the Manager of permit for the source. source review and to implement and enforce TIES or a higher level manager within (II) Ecology is delegated the authority to act the federal PSD regulations under this Ecology. upon an application from a source to renew Delegation Agreement does not extend to B. Ecology will ensure that there are a PAL pursuant to 40 CFR 52.21(aa)(10).17 sources or activities located in Indian adequate resources and trained personnel (a) Upon issuance of the final permit or Country, as defined in 18 U.S.C. 1151. within the TIES to implement an effective order, Ecology will provide to EPA and the Consistent with previous federal program PSD permit program. As requested, EPA will Title V permitting authority a copy of the approvals or delegations, EPA will continue provide technical assistance related to the permit or order along with a copy of the to implement the federal PSD program in federal PSD requirements, including without request. Indian Country in Washington because limitation, PSD applicability determinations, (b) Coordination with Title V Permitting Ecology did not adequately demonstrate its Best Available Control Technology (BACT) Authority. Ecology will coordinate with the authority over sources and activities located determinations, air quality monitoring Title V permitting authority to ensure that within the exterior boundaries of Indian network design, and modeling procedures. EPA will provide PSD training for Ecology the terms and conditions required in the PAL reservations and in other areas of Indian staff to meet needs identified by EPA or permit or order are included in the Title V Country. The one exception is within the Ecology. permit for the source. exterior boundaries of the Puyallup Indian C. Where the rules or policies of Ecology (III) Ecology is delegated the authority to Reservation, also known as the 1873 Survey reopen a PAL pursuant to 40 CFR are more stringent than the federal PSD Area. Under the Puyallup Tribe of Indians program, Ecology may elect to include such 52.21(aa)(8).18 Settlement Act of 1989, 25 U.S.C. 1773, (a) Upon issuance of the final permit or requirements in the PSD permit along with Congress explicitly provided State and local the EPA requirements. order, Ecology will provide to EPA and the agencies in Washington authority over Title V permitting authority a copy of the D. If both a state or local regulation and a activities on non-trust land within the 1873 federal regulation apply to the same source, permit or order. Survey Area. After consulting with the (b) Coordination with Title V Permitting both must be complied with, regardless of Puyallup Tribe of Indians, EPA’s delegation whether one is more stringent than the other, Authority. Ecology will coordinate with the in this agreement applies to sources and Title V permitting authority to ensure that subject to the requirements of section 116 of activities on non-trust lands within the 1873 the Clean Air Act. the terms and conditions required in the PAL Survey Area. Therefore, Ecology will permit or order are included in the Title V E. Ecology will follow all PSD policy, implement and enforce the federal PSD guidance, and determinations issued by EPA permit for the source. requirements on these non-trust lands of the (B) EPA PALs. for implementing the federal PSD program as 1873 Survey Area as provided in this provided in this Delegation Agreement. EPA (I) Ecology is not delegated the authority to Delegation Agreement. act upon an application from a source to will provide Ecology with copies of EPA C. Ecology’s delegation to conduct new policies, guidance, and determinations increase a PAL pursuant to 40 CFR source review and to implement and enforce 52.21(aa)(11). Applications for PAL increases through the Region 7 NSR database and/or the federal PSD regulations under this hard copies where appropriate. Where no shall be submitted directly to EPA and EPA Delegation Agreement does not extend to shall approve PAL increases through the current EPA policy or guidance clearly sources or activities under the jurisdiction of covers a specific situation, Ecology shall issuance of a permit under the federal PSD the State of Washington Energy Facilities Site regulations. consult with the EPA Office of Air Quality Evaluation Council (EFSEC). (a) Upon issuance of the final permit, EPA on its proposed interpretation of the EPA D. The EPA Administrator has delegated to will provide to Ecology and the Title V regulations. the Director of the Region 10 Office of Air permitting authority a copy of the permit F. Ecology will at no time grant a waiver Quality, the authority to delegate the federal along with a copy of the request. to the requirements of 40 CFR 52.21 or to the PSD regulations to any State or local agency. (b) Coordination with Title V Permitting requirements of an issued PSD permit. The State or local agency that receives Authority. EPA will coordinate with the Title G. Ecology shall consult with the delegation from EPA Region 10 does not have V permitting authority to ensure that the appropriate State and local agency primarily the authority under the federal Clean Air Act terms and conditions required in the PAL responsible for managing land use as to further delegate the federal PSD permit are included in the Title V permit for provided in 40 CFR 52.21(u)(2)(i) prior to regulations. the source. making any preliminary or final determination under this Delegation 3. Notwithstanding the provisions of IV. Requirements Agreement. subjection III.A.2., Ecology is not delegated A. The responsibility for conducting new H. In order to assist EPA in carrying out authority for any change to a source that is source review for all regulated sources as its responsibilities under Section 7 of the a major modification to an existing stationary provided by this Delegation Agreement, Endangered Species Act (ESA), 16 U.S.C. source under the federal PSD regulations but including those under the jurisdiction of the 1531 et seq., and 50 CFR part 402, subpart Industrial Section, the Nuclear and Mixed B (‘‘Consultation Procedures’’), and with 16 For requests seeking PALs, Ecology intends to Waste Program, and local air authorities in Section 305(b)(2) of the Magnuson-Stevens use its authority under WAC 173–400–091, –110 the State of Washington, rests with Ecology’s Fishery and Conservation Act (‘‘Magnuson- and –141 as appropriate. 17 Air Quality Program. EPA is relying on the Stevens Act’’), 16 U.S.C. 1801 et seq., and 50 For requests seeking PAL renewals, Ecology technical and programmatic expertise of the intends to use its authority under WAC 173–400– CFR part 600, subpart K (‘‘EFH Coordination, 091, –110 and –141 as appropriate. Technical, Information, and Engineering Consultation, and Recommendations’’), for 18 Except for those PAL reopenings under 40 CFR Section (TIES) of Ecology’s Air Quality federal PSD permits, regarding essential fish 52.21(aa)(8)(ii)(a)(1), Ecology intends to reopen Program in the implementation of this habitat, Ecology shall: PALs using its authority under WAC 173–400–091 Delegation Agreement on Ecology’s behalf. 1. Within 5 working days of receipt of a and –110 as appropriate. The processing, issuance, and enforcement of complete PSD permit application, notify the
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U.S. Fish and Wildlife Service (FWS) and/or C. A PSD permit (or a portion of a PSD However, EPA will initiate an enforcement the National Marine Fisheries Service permit) for a change to a facility that is a action, as appropriate, under the following (NMFS), as appropriate, of the permit major modification under the State PSD circumstances: application, and to provide a copy of the regulations but not the federal PSD 1. At the State or local air agency’s request; permit application if requested. regulations shall be enforceable under State 2. If a State or local air agency action is 2. Notify applicants of the potential need law only and shall not be appealable to the determined to be inadequate, or the State/ for consultation between EPA and FWS and/ EPA Environmental Appeals Board. local agency fails to carry out action in a or NMFS if the project may affect an D. Modifications to existing PSD permits, endangered species, or if the project may except for administrative amendments, shall timely or appropriate manner (in this affect essential fish habitat. be processed in accordance with all of the situation, the parties will adhere to the ‘‘no 3. Refrain from issuing a final PSD permit substantive and procedural requirements surprises’’ principle and will follow the until EPA has notified Ecology that EPA has applicable to new permits. conflict resolution process described in satisfied its obligations, if any, under the ESA E. Failure by Ecology to comply with the Section IX of the Washington State and/or the Magnuson-Stevens Act. requirements of 40 CFR part 124 related to Compliance Assurance Agreement for Air PSD permits and this Section V. of the Programs (October 1999)); and/or V. Permit Issuance, Modification, and Delegation Agreement shall render the 3. As part of EPA’s role established in the Appeals subject permit invalid for federal PSD collaborative planning process, which A. All preliminary and final purposes. includes those situations where national, determinations issued by Ecology under this regional, or sector initiatives warrant an EPA Delegation Agreement shall indicate that an VI. Enforcement lead. appeal to the EPA Administrator is available A. Ecology or the local air authority with pursuant to 40 CFR part 124. jurisdiction over the source will have the C. PSD enforcement actions under this B. The permit provisions in 40 CFR 124.19 primary responsibility for enforcing the Delegation Agreement will be undertaken by shall apply to all appeals to the EPA federal PSD regulations for sources subject to qualified inspectors or trained enforcement Administrator on PSD permits issued by this Delegation Agreement, provided, staff in Ecology’s Regional Offices, the Ecology under this Delegation Agreement, however, that: Ecology’s Industrial Section, Ecology’s Air including those permits co-signed by EPA. 1. In the case of any requirement of the Quality Program Headquarters, Ecology’s For purposes of implementing the Federal federal PSD regulations that is not also a Nuclear and Mixed Waste Program, or local permit appeal provisions under this requirement of the State PSD regulations, air authorities. delegation, if there is a public comment EPA retains primary enforcement authority. D. Enforcement of the federal PSD requesting a change in a preliminary 2. Ecology shall have the responsibility regulations is subject to the Washington State determination or proposed permit condition, under this Delegation Agreement to enforce Compliance Assurance Agreement for Air the final permit issued by Ecology is required the federal PSD regulations in the event that Programs (October 1999), signed by both the to state that for federal PSD purposes and in a local air authority does not. State and local agencies. This clearly defines accordance with 40 CFR 124.15 and 124.19: 3. In all cases, EPA retains authority roles and responsibilities, including timely 1. The effective date of the permit is 30 pursuant to section 113 of the Clean Air Act days after service of notice to the applicant with respect to sources that are subject to the and appropriate enforcement response and and commentors of the final decision to federal PSD requirements, including federal the maintenance of the Aerometric issue, modify, or revoke and reissue the PSD permits issued by Ecology. Information Retrieval System/Aerometric permit, unless review is requested on the B. In delegated programs, the role of the Facility Subsystem (AIRS/AFS). permit under 40 CFR 124.19 within the 30 State and local agencies is that of primary VII. EPA and Ecology Communications day period. enforcer or ‘‘front line’’ agency in program 2. If an appeal is made to the EPA implementation. This includes helping to A. Ecology shall submit to EPA copies of Administrator, the effective date of the define EPA’s role in the regulated community the following documents, within the permit is suspended until such time as the for a given program. EPA’s principal role is timeframes indicated, for sources or activities appeal is resolved. ‘‘back up’’ for the State/local program. subject to this Delegation Agreement:
Action Submittal to EPA Timeframe
Written applicability determination that a pro- Copy of request and final determination ...... Within five working days after signature. posed source or activity is subject to or ex- empt from federal PSD regulations. Receipt of PSD permit application * ...... Copy of application and cover letter ...... Within five working days after receipt. Completeness determination or letter of defi- Copy of letter to applicant ...... Within five working days after signature. ciencies *. Transmittal to Federal Land Manager (FLM) of Copy of letter ...... Within five working days after signature. PSD application *. Receipt of comments from FLM * ...... Copy of comment letter ...... Within five working days of receipt. Preliminary determination, proposed PSD per- Copy of preliminary determination, proposed Within five working days after completion of mit, public notice. PSD permit, and public notice. preliminary determination. Public notice of hearing (see 52.21(u)(2)(ii)) * ... Copy of notice ...... Prior to publication. Receipt of comments from public* ...... Copy of public comment letter(s) ...... Within five working days of the close of the public comment period. Final determination, PSD permit and transmittal Copy of final determination PSD permit and Within five working days after final signature letter. transmittal letter. on PSD permit. BACT determination submittal to RACT/BACT/ Electronic or paper submittal of required infor- Within 20 working days of final signature on LAER Clearinghouse. mation. PSD permit. Receipt of EUSGU projected actual emissions Copy of information ...... Within five working days after receipt. information (see Section III.A.2(i)(A)(III)). Receipt of EUSGU actual annual emissions re- Copy of report ...... Within five working days after receipt. port (see Section III.A.2 (i)(A)(IV)). Receipt of non-EUSGU actual annual emis- Copy of report ...... Within five working days after receipt. sions report (see Section III.A.2 (i)(B)(II)). Issuance of Clean Unit I Re-designation Copy of request and final action ...... Within five working days after issuance. through WAC 173–400–141 (see Section III.A.2 (ii)(A)(II)).
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Action Submittal to EPA Timeframe
Issuance of Clean Unit II Designation or Re- Copy of request and final action ...... Within five working days after issuance. designation (see Sections III.A.2 (ii)(A)(II), III.A.2(ii)(B)(I), III.A.2(ii)(B)(II)). Receipt of notices for effective dates and expi- Copy of notice ...... Within five working days after receipt. ration dates for Clean Unit I & II designation and re-designations (see Sections III.A.2(ii)(A)(I)(b), III.A.2(ii)(A)(II)(b), III.A.2(ii)(B)(I)(b), III.A.2(ii)(B)(II)(b). Receipt of PCP I exclusion notice (see Section Copy of notice ...... Within five working days after receipt. III.A.2 (iii)(A)(I)). Issuance of PCP II exclusion (see Section Copy request and final action ...... Within five working days after issuance III.A.2 (iii)(B)(I)). Issuance of PAL permit (see Section III.A.2 Copy of request and final action ...... Within five working days after issuance. (iv)(A)(I)). Issuance of PAL permit (renewal) (see Section Copy of request and final action ...... Within five working days after issuance. III.A.2 (iv)(A)(II)). Issuance of PAL permit (reopening) (see Sec- Copy of final action ...... Within five working days after issuance. tion III.A.2 (iv)(A)(III)). * Only required when one or more pollutants are subject to federal PSD requirements.
B. EPA shall submit to Ecology copies of the following documents within the timeframes indicated.
EPA action Submittal to Ecology Timeframe
Issuance of PAL permit (increase) under 40 Copy of PAL permit ...... Within five working days after issuance. CFR 52.21(aa)(11)(see Section III.A.2 (iv)(B)(I)).
C. Ecology and EPA should communicate Engineer, Department of Ecology, Air Quality 1. Ecology’s legal authority, rules and sufficiently to guarantee that each is fully Program, PO Box 47600, Olympia, WA regulations, and/or procedures for informed and current regarding 98504–7600. implementing or enforcing the federal PSD interpretation of federal PSD regulations Correspondence from Ecology to EPA will requirements as provided in this Delegation (including any unique questions about PSD be sent to: Dan Meyer, Office of Air Quality, Agreement are inadequate; applicability). Any records or reports relating Environmental Protection Agency, Region 10, 2. Ecology is not adequately implementing to PSD permitting or compliance with PSD OAQ–107, 1200 Sixth Avenue, Seattle, WA or enforcing the federal PSD program; or requirements that are provided to or 98101. 3. Ecology has not implemented the otherwise obtained by Ecology and are not requirements or guidance with respect to a identified in the Table in Section VII.A. VIII. Future EPA Regulation Revisions specific permit in accordance with the terms above should be made available to EPA upon A. Ecology’s delegation to conduct new and conditions of this delegation, the request. source review and to implement and enforce requirements of 40 CFR 52.21, 40 CFR 124, D. Ecology will work with owners and the federal PSD regulations does not extend or the Clean Air Act. operators of sources and activities subject to to revisions to 40 CFR 52.21 that occur, or C. In the event that Ecology is unwilling or the federal PSD regulations to ensure all have occurred, after March 3, 2003. unable to implement or enforce the federal required information is submitted to Ecology. B. A new request for delegation will be PSD regulations as provided in this Ecology will ensure that the information set required for any changes to 40 CFR Part 52.21 Delegation Agreement with respect to a forth in paragraphs VII. A. and B. is provided promulgated after March 3, 2003. source or activity subject to the federal PSD to EPA as set forth in those paragraphs and Implementation and enforcement of new or regulations, Ecology will immediately notify that all other information is submitted to EPA revised requirements after March 3, 2003 will the Director of the Office of Air Quality. upon request. remain the sole responsibility of EPA until Failure to notify the Director of the Office of E. Ecology will ensure that all relevant this Delegation Agreement is revised. Air Quality does not preclude EPA from source information, notifications and reports exercising its enforcement authority. IX. Administrative are entered into the EPA AIRS/AFS national D. EPA may review the state PSD database system in order to meet its record A. This delegation supersedes the permitting program as part of the review of keeping and reporting requirements. In previously delegated authority contained in the Performance Partnership Agreement addition to the National Minimal Data the September 30, 1983 letter to Ecology from (PPA) or any other appropriate agreement. Requirements (MDRs) (attached), Ecology the EPA Regional Administrator and the EPA may review State procedures and shall enter the following information or February 7, 2002 and June 4, 1992 recommend changes as necessary. All activities: Agreements for Delegation. recommendations will be in writing. 1. The Air Program Code for PSD; B. If, after consultation with Ecology, EPA E. In the event that EPA or Ecology 2. The date the PSD permit is issued or makes any of the following determinations, regulations or policies change, this modified; this delegation may be revoked in whole or delegation shall either be amended to ensure 3. The final effective date of the PSD in part. As part of the consultation, the the continued implementation of EPA’s PSD permit (or modified permit); parties will adhere to the ‘‘no surprises’’ regulations or the delegation shall be 4. The date that the new source or principle and will follow the conflict revoked. modification begins construction; and resolution process described in Section IX of 5. The date that the new source or the Washington State Compliance Assurance X. Signatures modification begins operation. Agreement for Air Programs (October 1999). On behalf of the Environmental Protection F. Correspondence from EPA to Ecology Any such revocation shall be effective as of Agency, I grant partial delegation of the will be sent to: Alan Newman, Senior the date specified in a Notice of Revocation. federal PSD program, 40 CFR 52.21, to the
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Washington Department of Ecology pursuant information notice delegates pre- Clean Air Act, as amended (42 U.S.C. to the terms and conditions of this delegation existing requirements under Federal law 7401, 7410, 7601). agreement and the requirements of the Clean and does not impose any additional Air Act. Date: March 28, 2003. Betty A. Dated: May 1, 2003. Wiese, Director, Office of Air Quality, enforceable duty beyond that required Ronald Kreizenbeck, by Federal law, it does not contain any Environmental Protection Agency, Region 10. Acting Regional Administrator, Region 10. unfunded mandate or significantly or On behalf of the State of Washington and [FR Doc. 03–12029 Filed 5–13–03; 8:45 am] the Department of Ecology, I accept partial uniquely affect small governments, as delegation of the federal Prevention of described in the Unfunded Mandates BILLING CODE 6560–50–P Significant Deterioration program, 40 CFR Reform Act of 1995 (Pub. L. 104–4). 52.21, pursuant to the terms and conditions This information notice also does not ENVIRONMENTAL PROTECTION of this delegation agreement and the have tribal implications because it will requirements of the Clean Air Act. Date: AGENCY March 28, 2003. Mary E. Burg, Manager, Air not have a substantial direct effect on [OPPT–2003–0004; FRL–7305–6] Quality Program, State of Washington, one or more Indian tribes, on the Department of Ecology. relationship between the Federal government and Indian tribes, or on the Access to Confidential Business III. Conclusion distribution of power and Information by Solutions by Design II Subject to the conditions of the Partial responsibilities between the Federal AGENCY: Environmental Protection Delegation Agreement, Ecology is government and Indian tribes, as Agency (EPA). delegated authority to implement and specified by Executive Order 13175 (65 ACTION: Notice. enforce the federal PSD regulations, as FR 67249, November 9, 2000). This published on December 31, 2002, except information notice also does not have SUMMARY: EPA has authorized its for applications for PAL increases under federalism implications because it does contractor Solutions by Design II (SBD) 40 CFR 52.21(aa)(11) and except as not have substantial direct effects on the of McLean, VA access to information otherwise provided in the Delegation States, on the relationship between the which has been submitted to EPA under Agreement. Except for applications for national government and the States, or sections 5 and 8 of the Toxic Substances PAL increases under 40 CFR on the distribution of power and Control Act (TSCA). Some of the 52.21(aa)(11), all applications and other responsibilities among the various information may be claimed or information required pursuant to the levels of government, as specified in determined to be Confidential Business federal PSD regulations at 40 CFR 52.21 Executive Order 13132 (64 FR 43255, Information (CBI). from sources located or locating in the August 10, 1999). This information FOR FURTHER INFORMATION CONTACT: State of Washington,19 shall continue to notice merely delegates the Barbara A. Cunningham, Director, be submitted to the Ecology at the implementation of a Federal program, Environmental Assistance Division following address: Department of and does not alter the relationship or (7408M), Office of Pollution Prevention Ecology, Air Quality Program, PO Box the distribution of power and and Toxics, Environmental Protection 47600, Olympia, WA 98504–7600. responsibilities established in the Clean Agency, 1200 Pennsylvania Ave., NW., Applications for PAL increases under 40 Air Act. This information notice also is Washington, DC 20460; telephone CFR 52.21(aa)(11) shall be submitted to not subject to Executive Order 13045 number: (202) 554–1404; e-mail address: EPA Region 10 at the following address: ‘‘Protection of Children from [email protected]. Office of Air Quality, Environmental Environmental Health Risks and Safety SUPPLEMENTARY INFORMATION: Protection Agency, Region 10, OAQ– Risks’’ (62 FR 19885, April 23, 1997), 107, 1200 Sixth Avenue, Seattle, WA because it is not economically I. General Information 98101. significant. A. Does This Notice Apply to Me? IV. Statutory and Executive Order In reviewing delegation requests, This action is directed to the public Reviews EPA’s role is to approve state in general. This action may, however, be capabilities, provided that they meet the Under Executive Order 12866 (58 FR of interest to those persons who are or criteria of the Clean Air Act. In this 51735, October 4, 1993), this may be required to conduct testing of context, in the absence of a prior information notice is not a ‘‘significant chemical substances under TSCA. Since existing requirement for the State to use regulatory action’’ and therefore is not other entities may also be interested, the voluntary consensus standards (VCS), subject to review by the Office of Agency has not attempted to describe all EPA has no authority to disapprove a Management and Budget. For this the specific entities that may be affected delegation request for failure to use reason, this information notice is also by this action. If you have any questions VCS. It would thus be inconsistent with not subject to Executive Order 13211, regarding the applicability of this action applicable law for EPA, when it reviews ‘‘Actions Concerning Regulations That to a particular entity, consult the person a delegation request, to use VCS in place Significantly Affect Energy Supply, listed under FOR FURTHER INFORMATION of a delegation request that otherwise Distribution, or Use’’ (66 FR 28355, May CONTACT. satisfies the provisions of the Clean Air 22, 2001). This information notice Act. Thus, the requirements of section B. How Can I Get Copies of This imposes no additional requirements 12(d) of the National Technology Document and Other Related beyond those imposed by state law. Transfer and Advancement Act of 1995 Documents? Accordingly, the Administrator certifies (15 U.S.C. 272 note) do not apply. This that this information notice will not 1. Docket. EPA has established an rule does not impose an information have a significant economic impact on official public docket for this action collection burden under the provisions a substantial number of small entities under docket identification (ID) number of the Paperwork Reduction Act of 1995 under the Regulatory Flexibility Act (5 OPPT–2003–0004. The official public (44 U.S.C. 3501 et seq.). This U.S.C. 601 et seq.). Because this docket consists of the documents information notice granting partial specifically referenced in this action, 19 Except in Indian Country, as provided in delegation of the Federal PSD program any public comments received, and paragraph III.B. of the Delegation Agreement, and to Ecology is issued under the authority other information related to this action. sources subject to EFSEC’s jurisdiction. of sections 101, 110, and 301 of the Although a part of the official docket,
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the public docket does not include CBI Abstracts Service’s site located at 2540 ADDRESSES: The public meeting of the or other information whose disclosure is Olentangy River Road, Columbus, Ohio. Council will be held in Washington, DC. restricted by statute. The official public SBD personnel will be required to The meeting location will be announced docket is the collection of materials that adhere to all provisions of EPA’s TSCA on the SAB Web site, http://www.epa/ is available for public viewing at the Confidential Business Information sab. For further information concerning EPA Docket Center, Rm. B102-Reading Security Manual. SBD’s personnel will the public meeting, please contact Dr. Room, EPA West, 1301 Constitution be required to sign nondisclosure Angela Nugent, DFO (see contact Ave., NW., Washington, DC. The EPA agreements and will be briefed on information below). Participation in the Docket Center is open from 8:30 a.m. to appropriate security procedures before teleconference call meetings will be by 4:30 p.m., Monday through Friday, they are permitted access to TSCA CBI. teleconference only. excluding legal holidays. The EPA Clearance for access to TSCA CBI FOR FURTHER INFORMATION CONTACT: Any Docket Center Reading Room telephone under Contract number GS35F–4717G member of the public wishing further number is (202) 566–1744 and the may continue until July 30, 2007. information regarding the public telephone number for the OPPT Docket, List of Subjects meeting may contact Dr. Angela Nugent, which is located in EPA Docket Center, Designated Federal Officer (DFO), U.S. is (202) 566–0280. Environmental protection, 2. Electronic access. You may access Confidential business information. EPA Science Advisory Board by telephone/voice mail at (202) 564–4562 this Federal Register document Dated: April 30, 2003. electronically through the EPA Internet or via e-mail at [email protected]. Robin L. Gonzalez, Members of the public who wish to under the ‘‘Federal Register’’ listings at Director, Information Management Division, http://www.epa.gov/fedrgstr/. obtain the call-in number and access Office of Pollution Prevention and Toxics. code to participate in any of the An electronic version of the public [FR Doc. 03–11906 Filed 5–13–03; 8:45 am] docket is available through EPA’s teleconference meetings must contact BILLING CODE 6560–50–S electronic public docket and comment Ms. Sandra Friedman, EPA Science system, EPA Dockets. You may use EPA Advisory Board Staff, at telephone/voice mail: (202) 564–2526, via e-mail at: Dockets at http://www.epa.gov/edocket/ ENVIRONMENTAL PROTECTION [email protected]. General to submit or view public comments, AGENCY access the index listing of the contents information about the SAB can be found of the official public docket, and to [FRL–7498–3] in the SAB Web site at http:// www.epa.gov/sab. access those documents in the public Science Advisory Board; Advisory docket that are available electronically. Council on Clean Air Compliance SUPPLEMENTARY INFORMATION: Although not all docket materials may Analysis; Notification of an Upcoming Summary: Pursuant to the Federal be available electronically, you may still Public Meeting and Three Planning Advisory Committee Act, Pub. L. 92– access any of the publicly available Teleconferences 463, notice is hereby given that the docket materials through the docket Council will hold a public meeting to facility identified in Unit I.B.1. Once in AGENCY: Environmental Protection provide advice to the EPA on the the system, select ‘‘search,’’ then key in Agency (EPA). Agency’s plan to develop the third in a the appropriate docket ID number. ACTION: Notice. series of statutorily mandated comprehensive analyses of the total II. What Action Is the Agency Taking? SUMMARY: The EPA Advisory Council on costs and total benefits of programs Clean Air Compliance Analysis Under contract number GS35F– implemented pursuant to the Clean Air (Council) is announcing a public 4717G, Solutions by Design II, of 1420 Act, and that the Council and its two meeting and a public planning Spring Hill Road, Suite 325, McLean, subcommittees will also hold public teleconference. It is also announcing Virginia, will assist EPA in designing teleconferences to plan for the public planning teleconferences for its two and developing Lotus Notes PMN meeting. The dates and times for both subcommittees, the Air Quality Development and Storage Applications. the meeting and teleconference are Modeling Subcommittee (AQMS) and SBD will also assist in developing the provided above. TSCA Data Transmittal System to the Health Effects Subcommittee (HES). Background: Background on the transmit PMNs and other TSCA data. DATES: In accordance with 40 CFR 2.306(j), May 28, 2003: The planning Council, its subcommittees, and on the EPA has determined that under contract teleconference call meeting for the advisory project that will be the focus of number GS35F–4717G, SBD will require Council will be held from 12 to 2 p.m. the meeting and teleconferences access to CBI submitted to EPA under (eastern time). described in this notice was provided in sections 5 and 8 of TSCA, to perform May 29, 2003: The planning a Federal Register notice published on successfully the duties specified under teleconference call meeting for the HES February 14, 2003 (68 FR 7531–7534). the contract. will be held from 12 to 1:30 p.m. In forming the Health and Ecological SBD personnel will be given access to (eastern time). Effects Subcommittee discussed in that information submitted to EPA under May 30, 2003: The planning Federal Register notice, the Science sections 5 and 8 of TSCA. Some of the teleconference call meeting for the Advisory Board Staff Office received information may be claimed or AQMS will be held from 2 to 3:30 p.m. nominations for health effects experts. It determined to be CBI. (eastern time). has therefore decided to rename the EPA is issuing this notice to inform June 11–13, 2003: The public meeting Subcommittee as the ‘‘Health Effects all submitters of information under for the Council will begin June 11, at 9 Subcommittee’’ of the Council and to sections 5 and 8 of TSCA, that the a.m. and adjourn on June 13, 2003, no work with the Council to form a new Agency may provide SBD access to later than 2 p.m. (eastern time) on that subcommittee to focus on ecological these CBI materials on a need-to-know day. The meeting agenda will be posted effects or to develop another appropriate basis only. All access to TSCA CBI on the SAB Web site, http:// mechanism to consider and give due under this contract will take place at www.epa.gov/sab/agendas.htm, one attention to ecological effects, including EPA Headquarters and Chemical week before the meeting. coordination with a new SAB
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Committee on ‘‘Valuing the Protection • Food manufacturing (NAICS Code Certain types of information will not of Ecological Systems and Services.’’ 311) be placed in the EPA dockets. Meeting Accommodations: • Pesticide manufacturing (NAICS Information claimed as CBI and other Individuals requiring special Code 32532) information whose disclosure is accommodation to access the public This listing is not intended to be restricted by statute, which is not meetings listed above, should contact exhaustive, but rather provides a guide included in the official public docket, the DFO at least five business days prior for readers regarding entities likely to be will not be available for public viewing to the meeting so that appropriate affected by this action. Other types of in EPA’s electronic public docket. EPA’s arrangements can be made. entities not listed in this unit could also policy is that copyrighted material will Dated: May 8, 2003. be affected. The North American not be placed in EPA’s electronic public docket but will be available only on Robert Flaak, Industrial Classification System (NAICS) codes have been provided to printed, paper form in the official public Acting Deputy Director, EPA Science docket. To the extent feasible, publicly Advisory Board Staff Office. assist you and others in determining available docket materials will be made [FR Doc. 03–12028 Filed 5–13–03; 8:45 am] whether this action might apply to certain entities. If you have any available in EPA’s electronic public BILLING CODE 6560–50–P questions regarding the applicability of docket. When a document is selected this action to a particular entity, consult from the index list in EPA dockets, the system will identify whether the ENVIRONMENTAL PROTECTION the person listed under FOR FURTHER document is available for viewing in AGENCY INFORMATION CONTACT. EPA’s electronic public docket. [OPP–2003–0118; FRL–7301–3] B. How Can I Get Copies of This Although, not all docket materials may Document and Other Related be available electronically, you may still Fluroxypyr; Notice of Filing a Pesticide Information? access any of the publicly available Petition to Establish a Tolerance for a 1. EPA Docket. EPA has established docket materials through the docket Certain Pesticide Chemical in or on an official public docket for this action facility identified in Unit I.B. EPA Food under docket ID number OPP–2003– intends to work towards providing electronic access to all of the publicly AGENCY: Environmental Protection 0118. The official public docket consists Agency (EPA). of the documents specifically referenced available docket materials through EPA’s electronic public docket. ACTION: Notice. in this action, any public comments received, and other information related For public commenters, it is important to note that EPA’s policy is SUMMARY: This notice announces the to this action. Although, a part of the that public comments, whether initial filing of a pesticide petition official docket, the public docket does submitted electronically or on paper, proposing the establishment of not include Confidential Business will be made available for public regulations for residues of a certain Information (CBI) or other information viewing in EPA’s electronic public pesticide chemical in or on various food whose disclosure is restricted by statute. docket as EPA receives them and commodities. The official public docket is the without change, unless the comment DATES: Comments, identified by docket collection of materials that is available contains copyrighted material, CBI, or for public viewing at the Public ID number OPP– 2003–0118, must be other information whose disclosure is Information and Records Integrity received on or before June 13, 2003. restricted by statute. When EPA ADDRESSES: Comments may be Branch (PIRIB), Rm. 119, Crystal Mall identifies a comment containing submitted electronically, by mail, or #2, 1921 Jefferson Davis Hwy., copyrighted material, EPA will provide through hand delivery/courier. Follow Arlington, VA. This docket facility is a reference to that material in the the detailed instructions as provided in open from 8:30 a.m. to 4 p.m., Monday version of the comment that is placed in Unit I. of the SUPPLEMENTARY through Friday, excluding legal EPA’s electronic public docket. The INFORMATION. holidays. The docket telephone number entire printed comment, including the is (703) 305–5805. FOR FURTHER INFORMATION CONTACT: copyrighted material, will be available 2. Electronic access. You may access Joanne I. Miller, Registration Division in the public docket. this Federal Register document (7505C), Office of Pesticide Programs, Public comments submitted on electronically through the EPA Internet Environmental Protection Agency, 1200 computer disks that are mailed or under the ‘‘Federal Register’’ listings at Pennsylvania Ave., NW., Washington, delivered to the docket will be http://www.epa.gov/fedrgstr/. DC 20460–0001; telephone number: transferred to EPA’s electronic public (703) 305–6224; e-mail address: An electronic version of the public docket. Public comments that are [email protected]. docket is available through EPA’s mailed or delivered to the docket will be electronic public docket and comment scanned and placed in EPA’s electronic SUPPLEMENTARY INFORMATION: system, EPA dockets. You may use EPA public docket. Where practical, physical I. General Information Dockets at http://www.epa.gov/edocket/ objects will be photographed, and the to submit or view public comments, photograph will be placed in EPA’s A. Does This Action Apply to Me? access the index listing of the contents electronic public docket along with a You may be potentially affected by of the official public docket, and to brief description written by the docket this action if you an agricultural access those documents in the public staff. producer, food manufacturer or docket that are available electronically. pesticide manufacturer. Potentially Although, not all docket materials may C. How and to Whom Do I Submit affected entities may include, but are be available electronically, you may still Comments? not limited to: access any of the publicly available You may submit comments • Crop production (NAICS Code docket materials through the docket electronically, by mail, or through hand 111) facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper • Animal production (NAICS Code the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate 112) the appropriate docket ID number. docket ID number in the subject line on
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the first page of your comment. Please placed in the official public docket, and E. What Should I Consider as I Prepare ensure that your comments are made available in EPA’s electronic My Comments for EPA? submitted within the specified comment public docket. You may find the following period. Comments received after the iii. Disk or CD ROM. You may submit suggestions helpful for preparing your close of the comment period will be comments on a disk or CD ROM that comments: marked ‘‘late.’’ EPA is not required to you mail to the mailing address 1. Explain your views as clearly as consider these late comments. If you identified in Unit I.C.2. These electronic possible. wish to submit CBI or information that 2. Describe any assumptions that you is otherwise protected by statute, please submissions will be accepted in WordPerfect or ASCII file format. Avoid used. follow the instructions in Unit I.D. Do 3. Provide copies of any technical not use EPA dockets or e-mail to submit the use of special characters and any form of encryption. information and/or data you used that CBI or information protected by statute. support your views. 1. Electronically. If you submit an 2. By mail. Send your comments to: 4. If you estimate potential burden or electronic comment as prescribed in this Public Information and Records costs, explain how you arrived at the unit, EPA recommends that you include Integrity Branch (PIRIB) (7502C), Office estimate that you provide. your name, mailing address, and an e- of Pesticide Programs (OPP), 5. Provide specific examples to mail address or other contact Environmental Protection Agency, 1200 illustrate your concerns. information in the body of your Pennsylvania Ave., NW., Washington, 6. Make sure to submit your comment. Also, include this contact DC 20460–0001, Attention: Docket ID comments by the deadline in this information on the outside of any disk Number OPP–2003–0118. notice. or CD ROM you submit, and in any 3. By hand delivery or courier. Deliver 7. To ensure proper receipt by EPA, cover letter accompanying the disk or be sure to identify the docket ID number CD ROM. This ensures that you can be your comments to: Public Information assigned to this action in the subject identified as the submitter of the and Records Integrity Branch (PIRIB), line on the first page of your response. comment, and allows EPA to contact Office of Pesticide Programs (OPP), You may also provide the name, date, you in case EPA cannot read your Environmental Protection Agency, Rm. and Federal Register citation. comment due to technical difficulties or 119, Crystal Mall #2, 1921 Jefferson needs further information on the Davis Hwy., Arlington, VA, Attention: II. What Action Is the Agency Taking? substance of your comment. EPA’s Docket ID Number OPP–2003–0118. EPA has received a pesticide petition policy is that EPA will not edit your Such deliveries are only accepted as follows proposing the establishment comment, and any identifying or contact during the docket’s normal hours of and/or amendment of regulations for information provided in the body of a operation as identified in Unit I.B.1. residues of a certain pesticide chemical comment will be included as part of the in or on various food commodities comment that is placed in the official D. How Should I Submit CBI to the Agency? under section 408 of the Federal Food, public docket, and made available in Drug, and Cosmetic Act (FFDCA), 21 EPA’s electronic public docket. If EPA Do not submit information that you U.S.C. 346a. EPA has determined that cannot read your comment due to consider to be CBI electronically this petition contains data or technical difficulties and cannot contact information regarding the elements set you for clarification, EPA may not be through EPA’s electronic public docket forth in FFDCA section 408(d)(2); able to consider your comment. or by e-mail. You may claim i. EPA Dockets. Your use of EPA’s information that you submit to EPA as however, EPA has not fully evaluated electronic public docket to submit CBI by marking any part or all of that the sufficiency of the submitted data at comments to EPA electronically is information as CBI (if you submit CBI this time or whether the data support EPA’s preferred method for receiving on disk or CD ROM, mark the outside granting of the petition. Additional data comments. Go directly to EPA dockets of the disk or CD ROM as CBI and then may be needed before EPA rules on the at http://www.epa.gov/edocket, and identify electronically within the disk or petition. follow the online instructions for CD ROM the specific information that is List of Subjects submitting comments. Once in the CBI). Information so marked will not be Environmental protection, system, select ‘‘search,’’ and then key in disclosed except in accordance with Agricultural commodities, Feed docket ID number OPP–2003–0118. The procedures set forth in 40 CFR part 2. additives, Food additives, Pesticides system is an ‘‘anonymous access’’ In addition to one complete version of system, which means EPA will not and pests, Reporting and recordkeeping the comment that includes any know your identity, e-mail address, or requirements. information claimed as CBI, a copy of other contact information unless you Dated: April 30, 2003. the comment that does not contain the provide it in the body of your comment. Debra Edwards, information claimed as CBI must be ii. E-mail. Comments may be sent by Director, Registration Division, Office of e-mail to [email protected], submitted for inclusion in the public Pesticide Programs. Attention: Docket ID number OPP– docket and EPA’s electronic public 2003–0118. In contrast to EPA’s docket. If you submit the copy that does Summary of Petition electronic public docket, EPA’s e-mail not contain CBI on disk or CD ROM, The petitioner’s summary of the system is not an ‘‘anonymous access’’ mark the outside of the disk or CD ROM pesticide petition is printed below as system. If you send an e-mail comment clearly that it does not contain CBI. required by FFDCA section 408(d)(3). directly to the docket without going Information not marked as CBI will be The summary of the petition was through EPA’s electronic public docket, included in the public docket and EPA’s prepared by Dow AgroSciences and EPA’s e-mail system automatically electronic public docket without prior represents the view of the petitioner. captures your e-mail address. E-mail notice. If you have any questions about The petition summary announces the addresses that are automatically CBI or the procedures for claiming CBI, availability of a description of the captured by EPA’s e-mail system are please consult the person listed under analytical methods available to EPA for included as part of the comment that is FOR FURTHER INFORMATION CONTACT. the detection and measurement of the
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pesticide chemical residues or an 2. Analytical method. There is a been conducted with fluroxypyr MHE. explanation of why no such method is practical method gas chromatography These studies show a lack of needed. (GC) with mass spectrometry detection genotoxicity. In addition, short term (MSD) for measuring levels of assays for genotoxicity consisting of an Dow AgroSciences fluroxypyr MHE in or on food with a Ames metabolic activation test, possible PP 9F6050 limit of detection that allows monitoring induction of point mutations at the EPA has received a pesticide petition of food with residues at or above the hypoxanthine guanine phophoribosyl (9F6050) from Dow AgroSciences, 9330 levels set for the proposed tolerances. transferase (HGPRT)-Locus of Chinese Zionsville Road, Indianapolis, IN 46268 Fluroxypyr has been tested through the hamster ovary cells, in vivo and in vitro proposing, pursuant to section 408(d) of Food and Drug Administration’s (FDA’s) chromosomal aberrations in the Chinese Multi residue Methodology, Protocols C, hamster ovary cells, unscheduled DNA the Federal Food, Drug, and Cosmetic D, and E. The results have been synthesis in human embryonic cells, Act (FFDCA), 21 U.S.C. 346a(d), to published in the FDA Pesticide and an assay in mouse lymphoma cells amend 40 CFR part 180 by establishing Analytical Manual, Volume I. have been conducted with fluroxypyr. tolerances for residues of fluroxypyr in 3. Magnitude of residues. The These studies also show a lack of or on the raw agricultural commodities metabolism of fluroxypyr MHE in plants genotoxicity. as follows: tolerances for residues of and animals (goats and poultry) is 3. Reproductive and developmental fluroxypyr 1-methylheptyl ester (MHE) adequately understood for the purposes toxicity. Developmental studies in rats in or on sweet corn are being proposed of these tolerances. Magnitudes of and rabbits were conducted with both in support of this registration as follows: residue studies were conducted for field fluroxypyr MHE and fluroxypyr. Studies 0.02 parts per million (ppm) for kernels corn, sweet corn, sorghum and grasses. with fluroxypyr MHE showed maternal plus cob with husk removed, and 1.0 A process products study was not and fetal no observed adverse effect ppm for forage. Tolerances for residues conducted in field corn since residues levels (NOAELs) of 300 mg/kg/day (rat) of fluroxypyr MHE in or on field corn of fluroxypyr MHE were not detected in and 500 mg/kg/day (rabbit). Studies are being proposed in support of this corn grain at 5X the application rate. In with fluroxypyr showed NOAELs in the registration as follows: 0.02 ppm for addition, processing of sorghum was not rat of 250 mg/kg/day for maternal effects grain; 1.0 ppm for forage; and 0.5 ppm conducted since residue data for flour and 500 mg/kg/day for fetal effects and for stover. Tolerances for residues of are not required at this time, because a NOAEL in the rabbit of 250 mg/kg/day fluroxypyr MHE in or on sorghum are sorghum flour is used exclusively in the for both maternal and fetal effects. being proposed as follows: Sorghum United States as a component for These studies show that fluroxypyr and grain, 0.02 ppm; sorghum forage, 2.0 drywall, and not as either a human food fluroxypyr MHE are not teratogenic nor ppm; sorghum stover, 4.0 ppm. or a feedstuff. No residues of fluroxypyr will they interfere with in utero Tolerances for residues of fluroxypyr are expected in root or leafy vegetable development. Two multi-generation MHE in or on grasses are proposed as crops grown in rotation to fluroxypyr- reproduction studies were conducted follows: grass forage, 120 ppm; grass treated field corn, sweet corn, sorghum, with fluroxypyr in rats. The first in hay, 160 ppm; and grass silage, 100 and grasses, after a 30–day plant-back Wistar rats showed no effect on fertility ppm. Based on the above tolerances and interval at the maximum allowable label or reproductive performance and had a an animal feeding study, increased rate of 8 oz. active ingredient/Acre (a.i./ NOAEL of 500 mg/kg/day (highest dose tolerances are also proposed for A). Field corn, sweet corn, sorghum and tested). The second study in Sprague- fluroxypyr MHE and fluroxypyr, grasses grown in rotation may contain Dawley rats showed a parental NOAEL expressed as combined residues of total low levels of fluroxypyr residues; for systemic effects of 100 mg/kg/day in fluroxypyr, in or on the following however, the tolerance values proposed male rats and 500 mg/kg/day in female animal commodities: milk of cattle, for these crops will adequately assure rats. The NOAEL for reproductive goats, hogs, horses and sheep, 0.3 ppm; compliance with the labeled use effects was 750 mg/kg/day for males and and kidney of cattle, goats, hogs, horses patterns. 1,000 mg/kg/day for females (highest and sheep, 1.5 ppm. EPA previously dose tested). The NOAEL for neonatal B. Toxicological Profile received a pesticide petition (9F6050) effects was 500 mg/kg/day. for fluroxypyr and the Notice of Filing 1. Acute toxicity. Fluroxypyr MHE has 4. Subchronic toxicity. Fluroxypyr was published in the Federal Register low acute toxicity. The rat oral LD50 is MHE showed a NOAEL of 1,000 mg/kg/ on January 15, 2003. The notice of filing >5,000 milligrams/kilogram (mg/kg), the day in a 90–day rat dietary study and a erroneously omitted tolerances rabbit dermal LD50 is >2,000 mg/kg, and 21–day rabbit dermal study. Ninety day proposed for residues of fluroxypyr on the rat inhalation LC50 is > 1.0 feeding studies with fluroxypyr showed corn. Thus, this notice will supercede milligrams/per liter (mg/l) 1,000 mg/ NOAELs of 80 mg/kg/day (Wistar rats), the previously published notice of cubic meter. In addition, fluroxypyr 700 mg/kg/day (Fischer 344 rats), 1,342 filing. MHE is not a skin sensitizer in guinea mg/kg/day (male mice), and 1,748 mg/ pigs, has no dermal irritation in rabbits, kg/day (female mice). In a 4–week A. Residue Chemistry and shows mild ocular irritation in dietary, range finding study with 1. Plant metabolism. Fluroxypyr is a rabbits. The end use formulation of fluroxypyr in dogs the NOAEL found systemic herbicide that is readily fluroxypyr MHE has a similar low acute was > 50 mg/kg/day. translocated and rapidly converts to the toxicity profile. 5. Chronic toxicity. Based on chronic acid form following absorption. 2. Genotoxicty. Short term assays for testing with fluroxypyr in the mouse, Fluroxypyr moves readily throughout genotoxicity consisting of a bacterial dog, and rat (two studies), a reference the plant via the phloem (nutrient reverse mutation assay (Ames test), an dose (RfD) of 0.8 mg/kg/day is proposed transporting) system and to a lesser in vitro assay for cytogenetic damage for fluroxypyr and fluroxypyr MHE. The extent through the xylem (water using the Chinese hamster ovary cells, RfD has incorporated a 100-fold safety transporting). Fluroxypyr is distributed an in vitro chromosomal aberration factor to the NOAEL found in the rat throughout the entire plant, including assay using rat lymphocytes, and an in chronic test. NOAELs found in the the meristems and other developing vivo cytogenetic assay in the mouse chronic dietary studies are as follows: plant parts. bone marrow (micronucleus test) have 150 mg/kg/day (dog), 300 mg/kg/day
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(mouse), 80 mg/kg/day (Wistar rats), 100 Version 7.075, Novigen Sciences, Inc., calculated to be 25,316 and 7,751, mg/kg/day (male Fischer 344 rats), and Washington, DC). respectively. Since the MOE is 500 mg/kg/day (female Fischer 344 rats). Developmental toxicity was not substantially greater than 100, risk is 6. Animal metabolism. Both observed in the absence of maternal estimated to be well within acceptable fluroxypyr and fluroxypyr MHE have toxicity and there was no indication of levels. been evaluated in rat metabolism increased susceptibility in young Tolerances for fluroxypyr exist for studies. In summary, these studies show animals to prenatal or postnatal several raw agricultural commodities that fluroxypyr MHE is rapidly exposure to fluroxypyr in the toxicology and as discussed previously, tolerances hydrolyzed and the fate of the studies. Therefore, an additional Food for additional commodities have been hydrolysis products, fluroxypyr and 1- Quality Protection Act (FQPA) safety proposed. Chronic dietary exposure to methylheptanol, are independent of factor for infants and children was not fluroxypyr is possible due to the whether they were given as the ester or included in this assessment. Acute potential presence of fluroxypyr residue the acid. Fluroxypyr, per se, was dietary risk was assessed using an acute in certain foods. Therefore, a chronic extensively absorbed and rapidly RfD of 1.25 mg/kg/day, based on a dietary risk assessment was conducted. excreted principally unchanged in the maternal NOAEL of 125 mg/kg/day from The assessment used a chronic RfD of urine; 1-methylheptanol also was a rat developmental toxicity study and 0.8 mg/kg/day based on a NOAEL of 80 rapidly absorbed and rapidly an uncertainty factor of 100 (10X for mg/kg/day from a combined chronic eliminated. Repeated administration of interspecies extrapolation and 10X for toxicity and carcinogenicity study in fluroxypyr MHE was not associated intraspecies variation). EPA previously rats and an uncertainty factor of 100 with accumulation in tissues. Also, the established the maternal NOAEL for this (10X for interspecies extrapolation and metabolism and pharmacokinetics of 1- study at 125 mg/kg/day and it was used 10X for intraspecies variation). A Tier I methylheptanol are comparable to that here for a very conservative assessment chronic dietary exposure and risk of the methylheptyl portion of of potential developmental toxicity. assessment was conducted. It was fluroxypyr MHE. Pregnant females are estimated to have assumed that fluroxypyr residues were acute dietary exposure of 0.006582 mg/ present at tolerance or proposed 7. Metabolite toxicology. kg/day, which occupies only 0.53% of tolerance levels and that 100% of the Administration of fluroxypyr, as the the acute RfD. Adverse effects are not crops were treated. DEEMTM estimates acid or methylheptyl ester in a variety expected for exposures occupying 100% dietary exposure and the percent of the of toxicological studies, has produced or less of the RfD. Therefore, acute chronic RfD that is occupied by the similar effects. The principal response dietary exposure and risk are well input residue values for several to sufficiently high dosages, whether within acceptable levels. population subgroups in the United administered over the short-term or, in Chronic dietary exposure estimates States. Chronic dietary exposure for the some cases, over a lifetime, was along with a short-term oral NOAEL general U.S. population was estimated nephrosis. Fluroxypyr is an organic acid were used to assess short-term dietary to be 0.003160 mg/kg/day, which that is actively excreted into the urine exposure and risk. The assessment of occupies 0.4% of the RfD. Children 1– by the kidney. Thus, the target organ chronic dietary exposure and risk is 6 years old comprise the population and dose response relationship for discussed below. The chronic exposure subgroup predicted to have the highest fluroxypyr toxicity is entirely consistent values reported for the total U.S. potential level of dietary exposure. with the data on the toxicokinetics of population and for children 1–6 years Children 1–6 years old are estimated to fluroxypyr. Metabolism studies have old was used to estimate dietary have a chronic dietary exposure of shown that fluroxypyr MHE is rapidly exposure for adults and toddlers, 0.010321 mg/kg/day, which occupies and completely hydrolyzed to respectively. A 90–day dietary study in 1.3% of the RfD. Adverse effects are not fluroxypyr acid and methylheptanol. rats with a NOAEL of 80 mg/kg/day was expected for exposures occupying 100% 8. Endocrine disruption. There is no selected for establishing a short-term or less of the RfD. Therefore, chronic evidence to suggest that fluroxypyr and oral toxicity endpoint. A 90–day dietary exposure and risk for both the fluroxypyr MHE have an effect on any subchronic study was selected for general U.S. population and children 1– endocrine system. evaluating risk from short-term oral 6 years old are well within acceptable C. Aggregate Exposure exposure since the 90–day exposure levels. interval is more appropriate than ii. Drinking water. There are no 1. Dietary exposure—i. Food. Tier I chronic exposure for assessing short- established maximum contaminant dietary risk assessments were conducted term risk. Of the 90–day subchronic levels for residues of fluroxypyr in for acute, short-term, and chronic studies conducted with fluroxypyr, the drinking water and health advisory exposures. Very conservative one selected provided the lowest levels for fluroxypyr in drinking water assumptions were made in these risk NOAEL. The short-term oral NOAEL (80 have not been established. Guidance assessments. The dietary exposure mg/kg/day) was divided by the from EPA has indicated that Tier I assessments were based on all estimated dietary exposure for adults screening level models, such as commodities with tolerances for and toddlers to calculate the respective GENEEC and SCI-GROW, may be used fluroxypyr established at 40 CFR short-term margins of exposure (MOEs). to estimate upper-bound pesticide 180.535 together with proposed A conservative Tier I estimate of chronic residues in surface water and ground tolerances for field corn, sweet corn, dietary exposure to fluroxypyr water when assessing potential grain sorghum, and forage grass and estimated exposure at 0.003160 mg/kg/ exposure through drinking water. hay, including revised tolerances for day and 0.010321 mg/kg/day for the Estimated concentrations of a pesticide milk and meat. It was assumed that total U.S. population and for children in surface water or ground water are fluroxypyr residues were present at 1–6 years old, respectively. A short-term then compared to a drinking water level tolerance or proposed tolerance levels dietary (food) MOE was calculated by of comparison (DWLOC) as a surrogate and that 100% of the crops were treated. dividing the short-term oral NOAEL (80 estimate of exposure and risk. The Potential dietary exposure and risk was mg/kg/day) by the estimated exposure DWLOC is the concentration of a estimated using DEEMTM software (0.003160 mg/kg/day). The resulting pesticide in drinking water that would (Dietary Exposure Evaluation Model, food MOE for adults and toddlers was be acceptable as an upper limit in light
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of total aggregate exposure to that mg/L and 27,889 mg/L, respectively. Toddlers may have exposure to pesticide. Potential drinking water Since the chronic DWLOCs are fluroxypyr due to post-application concentrations of fluroxypyr were substantially greater than potential activity on treated turf. When a estimated in ground water and surface exposure through ground water or pesticide in liquid formulation is water using the screening concentration surface water, risk from potential applied to turfgrass toddlers may in ground water (SCI-GROW) and the chronic exposure through drinking experience post-application exposure generic expected environmental water is well within acceptable levels. through dermal exposure and also, concentration (GENEEC) models, 2. Non-dietary exposure. The through oral exposure due to hand-to- respectively. Both SCI-GROW are Tier I proposed use of fluroxypyr on mouth transfer of pesticide residue and screening level models that use residential turf presents the potential for ingestion of treated turfgrass from conservative assumptions. short-term residential exposure. treated areas. Based on Tier I screening- The estimated concentration of Homeowners may have dermal and level estimates, the MOE values for fluroxypyr in ground water according to inhalation exposure to fluroxypyr dermal exposure and oral exposures are SCI-GROW is 0.16 mg/L. EPA has during application to turf and also may 34,722 and 26,667, respectively. Even indicated that peak concentrations of a have dermal exposure due to post- with conservative Tier I estimates the pesticide in surface water should be application activity on the treated turf. MOEs are well above 100, indicating used in an acute assessment for Toddlers may have dermal and oral that risk from these potential exposures comparison with DWLOC values. The exposure to fluroxypyr due to post- is well within acceptable levels. estimated peak concentration of application activity on treated turf. D. Cumulative Effects fluroxypyr in surface water using Transferable residue of fluroxypyr from The potential for cumulative effects of GENEEC is 20.88 mg/L. The turf was found to range from 0.03 to fluroxypyr MHE and fluroxypyr and upperbound estimated fluroxypyr 0.74% (used as a high end stimate) of other substances that have a common concentrations in ground water (0.16 the fluroxypyr applied and to dissipate mechanism of toxicity is also mg/L) and surface water (20.88 mg/L) with a half-life ranging from 1.4 to 2.5 considered. There is no reliable are substantially below the acute days. Exposure was estimated based on information to indicate that toxic effects DWLOC of 37,303 mg/L for pregnant equations and default values given in produced by fluroxypyr MHE and females. Therefore, even with the the Standard Operating Procedures numerous conservative assumptions fluroxypyr would be cumulative with (SOPs) for Residential Exposure those of any other pesticide chemical. included in this assessment, aggregated Assessment. Risk from short-term acute fluroxypyr exposure for pregnant Thus, it is appropriate to consider only dermal exposure was assessed using a females resulting from dietary exposure the potential risks of fluroxypyr MHE NOAEL of 1,000 mg/kg/day from a 21– and upper-bound drinking water and fluroxypyr in an aggregate exposure day rabbit dermal study. Short-term oral exposure is well within acceptable assessment. and inhalation exposure was assessed limits of exposure and risk. E. Safety Determination As indicated above, the estimated using a NOAEL of 80 mg/kg/day from a concentration of fluroxypyr in ground 90–day rat feeding study. 1. U.S. population. Acute dietary water according to SCI-GROW is 0.16 A high-end estimate of exposure for exposure for pregnant females to mg/L. EPA has indicated that the 56– adults was developed by combining residues of fluroxypyr from current and day value from GENEEC should be dermal exposure from application of proposed uses was estimated to occupy divided by 3 for comparison to short- fluroxypyr to turf with post-application only 0.53% of the acute RfD, which is term, intermediate-term and chronic dermal exposure also on the day of well below levels expected to pose any DWLOC values. The estimated 56–day treatment (day 0). Homeowner exposure appreciable risk to human health. concentration of fluroxypyr in surface during the application of fluroxypyr to Additionally, the acute DWLOC was water using GENEEC is 7.08 mg/L. turf includes both dermal and calculated to be over 1,700–fold greater Therefore, the surface water inhalation exposure. Surrogate dermal than potential fluroxypyr residue in concentration used in this assessment is and inhalation exposure data from drinking water predicted by 2.36 mg/L (7.08 mg/L / 3). Potential Pesticide Handlers Exposure Data base conservative screening level models. residential exposure resulting from (PHED V1.1) was used in estimating Thus, aggregated acute exposure to fluroxypyr use on turf was included applicator exposure. The PHED fluroxypyr resulting from current and along with potential dietary exposure surrogate data used to estimate exposure proposed uses is well within acceptable when calculating the short-term assumes residential applicator attire to levels of risk. DWLOC for adults and toddlers. The include short pants, shortsleeve shirt, Use of fluroxypyr on turf results in short-term DWLOC for toddlers and the and no gloves. The applicator exposure potential short-term residential general population of adults was estimate was based on a broadcast exposure for adults. Potential short-term calculated to be 7,843 mg/L and 27,450 application using a garden hose end dietary and residential exposures were mg/L, respectively. The DWLOCs are sprayer. Margin of exposure (MOE) combined into an aggregate MOE. substantially greater than high-end values for dermal and inhalation Potential exposure through drinking estimated exposure from surface water exposures were calculated using the water was not included in the aggregate or ground water, indicating risk from toxicity endpoints previously described. MOE, but was evaluated in aggregate potential drinking water exposure is Based on these Tier I screening-level through use of a DWLOC calculated for well within acceptable levels. estimates, the general population of short-term exposure. The short-term As indicated above with short-term adults was estimated to have potential aggregate MOE for the general exposure, Tier I screening level dermal and inhalation exposures population of adults was calculated to estimates of potential fluroxypyr resulting in MOE values of 8,635 and be 6,423. Additionally, the short-term concentrations in ground water and 2,666,667, respectively. These MOEs are DWLOC for the general population of surface water are 0.16 mg/L and 2.36 substantially greater than 100, adults was over 10,000-fold greater than mg/L, respectively. Chronic DWLOCs indicating that risk from these potential potential fluroxypyr residues in for children 1–6 years old and for the exposures is well within acceptable drinking water predicted by general population of adults are 7,896 levels. conservative screening level models.
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Therefore, aggregate short-term in drinking water predicted by VA 22230, PH: (703) 292-ITRD (4873), exposure and risk for adults is expected conservative screening level models. FAX: (703) 292–9097, hecrtf- to be well within acceptable levels. Based on a conservative Tier I [email protected]. Using conservative exposure assessment, chronic dietary exposure to FOR FURTHER INFORMATION CONTACT: assumptions previously described, residues of fluroxypyr from current and Dave Nelson at (703) 292–4873. chronic dietary exposure to residues of proposed uses was estimated to occupy fluroxypyr from current and proposed only 1.3% of the RfD for children 1–6 SUPPLEMENTARY INFORMATION: The High uses was estimated to occupy only 0.4% years old, the population subgroup Computing Revitalization Task Force of the RfD for the general U.S. predicted to be most highly exposed. (HECRTF) was established in March population. The chronic DWLOC for Additionally, the DWLOC was 2003 to perform the tasks described in adults was calculated to be over 10,000 calculated to be over 3,000–fold greater the following text that appears on page fold greater than potential fluroxypyr than potential fluroxypyr residue in 177 in the Research and Development residue in drinking water predicted by drinking water predicted by chapter of the FY 2004 Budget of the conservative screening-level models. conservative screening level models. U.S. Government Analytical Thus, based on the completeness and Thus, based on the completeness and Perspectives: reliability of the toxicity data and the reliability of the toxicity data and the ‘‘Due to its impact on a wide range of conservative exposure assessment it is conservative exposure assessment it is federal agency missions ranging from concluded that there is a reasonable concluded, that there is a reasonable national security and defense to basic certainty that no harm will result to the certainty that no harm will result to science, high end computing—or general U.S. population, pregnant infants and children from acute, short supercomputing—capability is females, or developing young from term, and chronic aggregate exposures becoming increasingly critical. Through acute, short-term, or chronic aggregate to fluroxypyr residues from current and the course of 2003, agencies involved in exposures to fluroxypyr residues from proposed uses. developing or using high end computing current and proposed uses. will be engaged in planning activities to 2. Infants and children. FFDCA F. International Tolerances guide future investments in this area, Section 408 provides that EPA may There are no Codex maximum residue coordinated through the NSTC. The apply an additional safety factor for levels established for residues of activities will include the development infants and children in the case of fluroxypyr MHE and fluroxypyr on any of interagency R&D roadmap for high- threshold effects to account for prenatal food or feed crop. end computing core technologies, a and postnatal toxicity and the [FR Doc. 03–11759 Filed 5–13–03; 8:45 am] federal high-end computing capacity completeness of the data base. Based on BILLING CODE 6560–50–S and accessibility improvement plan, the current toxicological data and a discussion of issues (along with requirements, the data base for recommendations where applicable) fluroxypyr MHE relative to prenatal and OFFICE OF SCIENCE AND relating to federal procurement of high- postnatal effects for children is TECHNOLOGY POLICY end computing systems. The knowledge complete. There were no indications of gained for this process will be used to neurotoxicity and developmental Task Force on High End Computing; guide future investments in this area. toxicity was not observed in the absence Notice of Request for Information Research and software to support high of maternal toxicity. It is concluded that end computing will provide a there is no indication of increased AGENCY: Office of Science and foundation for future federal R&D by sensitivity of infants and children Technology Policy. improving the effectiveness of core relative to adults and that an additional ACTION: Request for information. technologies on which next-generation FQPA safety factor is not required. high-end computing systems will rely.’’ The acute and short-term exposures SUMMARY: A task force on high end were assessed for pregnant females to computing, through the National Stanley S. Sokul, evaluate the risk for developmental Coordination Office for Information Counsel, Office of Science and Technology toxicity and it was concluded that, there Technology Research and Development Policy. was reasonable certainty of no harm under the National Science and [FR Doc. 03–12177 Filed 5–13–03; 8:45 am] from aggregate exposures resulting from Technology Council, invites the public BILLING CODE 3170–01–P current and proposed uses of to submit white papers relative to the fluroxypyr. task force’s charge. The task force was Toddlers may experience short-term established in March 2003 to implement FEDERAL ELECTION COMMISSION dermal and oral exposure to fluroxypyr planning activities in high end as a result of postapplication activities computing, as set forth in the Sunshine Act Meeting Notice on treated residential turf. Additionally, President’s 2004 budget. Additional there is the potential for exposure to information on the task force’s charge is DATE AND TIME: Tuesday, May 20, 2003 fluroxypyr through residue in food and provided below. Details on the at 10 a.m. drinking water. Tier I assessments were invitation to submit white papers on PLACE: 999 E Street, NW., Washington, conducted to develop very conservative high end computing, can be found at: DC. estimates of potential short-term http://www.itrd.gov/hecrtf-outreach/. STATUS: This meeting will be closed to exposure through residential, dietary DATES: Information must be received by the public. and drinking water pathways. Potential May 21, 2003. ITEMS TO BE DISCUSSED: dietary and residential exposures were ADDRESSES: Responses to this request Compliance matters pursuant to 2 combined into an aggregate MOE value. for information should be addressed to U.S.C. 437g. The aggregate MOE was 5,120, well High End Computing Revitalization Audits conducted pursuant to 2 above 100, indicating risk is well within Task Force, National Coordination U.S.C. 437g, 438(b), and Title 26, U.S.C. acceptable levels. Additionally, the Office for Information Technology Matters concerning participation in short-term DWLOC for toddlers was Research and Development, 4201 civil actions or proceedings or greater than potential fluroxypyr residue Wilson Blvd, Suite II–405, Arlington, arbitration.
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Internal personnel rules and Limited; American President Lines, Ltd. FEDERAL MARITIME COMMISSION procedures or matters affecting a and APL Co. Pte Ltd. (operating as one particular employee. carrier); A.P. Moller-Maersk Sealand; Ocean Transportation Intermediary PERSON TO CONTACT FOR INFORMATION: CMA CGM S.A.; COSCO Container License Revocations Lines Ltd.; Hanjin Shipping Co., Ltd.; Mr. Ron Harris, Press Officer, The Federal Maritime Commission Hapag-Lloyd Container Linie GmbH; Telephone: (202) 694–1220. hereby gives notice that the following Hyundai Merchant Marine Co., Ltd.; Ocean Transportation Intermediary Mary W. Dove, Kawasaki Kisen Kaisha, Ltd.; Mitsui licenses have been revoked pursuant to Secretary of the Commission. O.S.K. Lines, Ltd.; Nippon Yusen section 19 of the Shipping Act of 1984 [FR Doc. 03–12143 Filed 5–12–03; 12:24 pm] Kaisha; Orient Overseas Container Line (46 U.S.C. app. 1718) and the BILLING CODE 6715–01–M Limited; P&O Nedlloyd B.V.; P&O regulations of the Commission Nedlloyd Limited; Yangming Marine pertaining to the licensing of Ocean Transport Corp. Transportation Intermediaries, effective FEDERAL MARITIME COMMISSION Synopsis: The proposed amendment on the corresponding date shown below: would extend the duration of the Notice of Agreement(s) Filed License Number: 2724NF. agreement through June 15, 2004. The Name: Air 7 Seas Transport Logistics, The Commission hereby gives notice parties request expedited review Inc. of the filing of the following because the agreement is due to expire Address: 1815 Houret Court, Milpitas, agreement(s) under the Shipping Act of on June 8, 2003. CA 95035–6823. 1984. Interested parties can review or Date Revoked: April 23, 2003. Agreement No.: 011802–002. obtain copies of agreements at the Reason: Failed to maintain valid Washington, DC offices of the Title: Evergreen/Lloyd Triestino/ bonds. Commission, 800 North Capitol Street, Hatsu Marine Alliance—WTSA Bridging License Number: 7399N. NW., Room 940. Interested parties may Agreement. Name: Air Van Lines International submit comments on an agreement to Parties: Evergreen Marine Corp. Inc. the Secretary, Federal Maritime (Taiwan) Ltd.; Lloyd Triestino di Address: 1230 116th Avenue, NE., Commission, Washington, DC 20573, Navegazione S.p.A.; Hatsu Marine Bellevue, WA 98004. within 10 days of the date this notice Limited; American President Lines, Ltd. Date Revoked: April 7, 2003. appears in the Federal Register. and APL Co. Pte Ltd. (operating as one Reason: Surrendered license Agreement No.: 011737–010. carrier); China Shipping Container Lines voluntarily. Title: The MCA Agreement. Co., Ltd.; COSCO Container Lines Ltd.; License Number: 4607F. Parties: Atlantic Container Line AB; Hanjin Shipping Co., Ltd.; Hapag-Lloyd Name: Jolaco Maritime Services, Inc. Alianca Navegacao e Logistica LTDA; Container Linie GmbH; Hyundai Address: 3620 Willowbend, Suite A.P. Moller-Maersk Sealand; Antillean Merchant Marine Co., Ltd.; Kawasaki 1120, Houston, TX 77054. Marine Shipping Corporation; Bernuth Kisen Kaisha, Ltd.; Mitsui O.S.K. Lines, Date Revoked: April 21, 2003. Lines; CMA CGM, S.A.; Companhia Ltd.; Nippon Yusen Kaisha; Orient Reason: Failed to maintain a valid Libra De Navegacao; Compania Sud Overseas Container Line Limited; P&O bond. Americana De Vapores S.A.; CP Ships Nedlloyd B.V.; P&O Nedlloyd Limited; License Number: 16974N. (UK) Limited, d/b/a ANZDL and d/b/a Yangming Marine Transport Corp. Name: Sea-Logix, Inc. Contship Containerlines; Crowley Liner Synopsis: The proposed amendment Address: Metro Office Park, Compaq Services, Inc.; Hamburg-Sud; Dole Bldg-400, San Juan, Puerto Rico 00936. Ocean Cargo Express, Inc.; Great White would extend the duration of the agreement through June 15, 2004. The Date Revoked: February 21, 2003. Fleet (US) Ltd.; Hapag-Lloyd Container Reason: Surrendered license parties request expedited review Linie GmbH; Italia Di Navegazione voluntarily. S.P.A. King Ocean Central America because the agreement is due to expire S.A.; King Ocean Service De Colombia on June 15, 2003. Sandra L. Kusumoto, S.A.; King Ocean Service De Venezuela Agreement No.: 011853. Director, Bureau of Consumer Complaints S.A.; Lykes Lines Limited, LLC; and Licensing. Title: CCNI/Lykes/Maruba [FR Doc. 03–12033 Filed 5–13–03; 8:45 am] Montemar Maritima S.A.; Norasia Transpacific Vessel Sharing Agreement. Container Line Limited; P&O Nedlloyd BILLING CODE 6730–01–P Limited; Safmarine Container Lines Parties: Maruba S.C.A., Lykes Lines N.V.; TMM Lines Limited, LLC; Limited, LLC, Compania Chilena de Tropical Shipping & Construction Co., Navegacion Interoceanica. FEDERAL MARITIME COMMISSION Ltd.; and Wallenius Wilhelmsen Lines Synopsis: The agreement authorizes Ocean Transportation Intermediary AS. the parties to operate a weekly container License Applicants Synopsis: The amendment modifies liner service between Long Beach, the membership of the agreement by California, and the PRC and sets forth Notice is hereby given that the adding Bernuth Lines, Ltd and Italia Di the allocation of space and other matters following applicants have filed with the Navegazione S.P.A. and deleting related to the service. The parties Federal Maritime Commission an Network Shipping Ltd. and Nippon request expedited review. application for license as a Non-Vessel Yusen Kaisha. By Order of the Federal Maritime Operating Common Carrier and Ocean Agreement No.: 011799–001. Commission. Freight Forwarder—Ocean Title: Evergreen/Lloyd Triestino/ Transportation Intermediary pursuant to Dated: May 9, 2003. Hatsu Marine Alliance—TSA Bridging section 19 of the Shipping Act of 1984 Agreement. Bryant L. VanBrakle, as amended (46 U.S.C. app. 1718 and 46 Parties: Evergreen Marine Corp. Secretary. CFR part 515). (Taiwan) Ltd.; Lloyd Triestino di [FR Doc. 03–12032 Filed 5–13–03; 8:45 am] Persons knowing of any reason why Navegazione S.p.A.; Hatsu Marine BILLING CODE 6730–01–P the following applicants should not
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receive a license are requested to Omni Logistics, Inc., 3340 Greens Road Burlingame, CA 94010, Officers: contact the Office of Transportation Bldg., C #450, Houston, TX 77032, Enrico Gatchalian, Manager, Intermediaries, Federal Maritime Officers: Mark Andrew McDowell, (Qualifying Individual), Eugenio L. Commission, Washington, DC 20573. Treasurer, (Qualifying Individual), Lopez, III, Chairman. Non-Vessel Operating Common Jason Smith, President. Global U.S.A., Inc., 32 Broadway, Suite Carrier Ocean Transportation Non-Vessel Operating Common 1718, New York, NY 10004, Officers: Intermediary Applicants: Carrier and Ocean Freight Forwarder Mei Li, Vice President, (Qualifying Global Ocean Agency Lines, L.L.C., 258 Transportation Intermediary Applicants: Individual), Malvern Kaye, President. GII International, Inc., 47 West 34th Fawn Drive, Sedona, AZ 86336, Odyssey International, Inc., 39 Old Street, Suite 412, New York, NY Officer: Timothy J. Cummings, Ridgebury Road, Danbury, CT 06817, 10001, Officers: Juanita Geronimo, Managing Director, (Qualifying Officers: Robert H. Shellman, CEO, President, (Qualifying Individual), Individual). (Qualifying Individual), Douglas A. Amerasia Line, Inc., 28815 King Arthur May Soriano, Vice President. Meyer’s Van Lines, 370 Concord Johnston, Director. Court, Rancho Palos Verdes, CA Avenue, Bronx, NY 10454, Officers: Dated: May 9, 2003. 90275, Officers: Shally Liang, Yorah Eshel,Vice President, President/CEO, (Qualifying Bryant L. VanBrakle, (Qualifying Individual), Ofer Prori, Individual), Victor Lin, Secretary. Secretary. CEO. [FR Doc. 03–12034 Filed 5–13–03; 8:45 am] K & S Freight Systems Inc., 17099 SW Bates, Inc. dba Bates Shipping and BILLING CODE 6730–01–P 54 Court, Miramar, FL 33027, Officer: Trading, 399 Koscluszko Street, Suite Nelson Solano, President, (Qualifying 10, Brooklyn, NY 11221, Officer: Individual). Donna Bates, President, (Qualifing FEDERAL MARITIME COMMISSION Select Air Cargo Services, Inc. dba PAC, Individual). International Logistics Company, Asain Link Logistics LLC dba A.L.L., Ocean Transportation Intermediary 12801 South Figueroa Street, Officers: 829 Graves Street, Kernersville, NC License Reissuance Thomas W. Young, Vice President, 27284, Officer: David W. Reich, Jr., (Qualifying Individual), Chee Tao Member Manager, (Qualifying Notice is hereby given that the Tsui, President/CEO. Individual). following Ocean Transportation Express Freight International, Inc., 7833 Ocean Freight Forwarder—Ocean Intermediary licenses has been reissued NW 72nd Avenue, Miami, FL 33166, Transportation Intermediary Applicants: by the Federal Maritime Commission Officer: Roberto Lopez, President, New England Household Moving & pursuant to section 19 of the Shipping (Qualifying Individual). Storage, Inc., 104 Bartzak Drive, Act of 1984, as amended by the Ocean Laufer Air Inc. dba Laufer Air Line Inc., Holliston, MA 01746, Officer: Jeanine Shipping Reform Act of 1998 (46 U.S.C. SO International Unlimited, 20 Patricia Kelly-Coburn, President, app. 1718) and the regulations of the Vessey Street S. 601, New York, NY (Qualifying Individual). Commission pertaining to the licensing 10007, Officer: Mark Laufer, ABS–CBN International dba The of Ocean Transportation Intermediaries, President, (Qualifying Individual). Filipino Channel, 859 Cowan Road, 46 CFR 515.
License No. Name/Address Date reissued
1803N ...... Blue Sky Blue Sea, Inc. dba American Export Lines dba International Shipping Company, March 29, 2003. 12919 S. Figueroa Street, Los Angeles, CA 90061. 17663N ...... Data Cargo Co., Inc., 8757 NW 35th Lane, Miami, FL 33172 ...... December 8, 2002. 4622N ...... E & M International L.L.C. dba Worldwide Transport, 5304 W. 135th Street, Hawthorne, CA March 23, 2003. 90250. 11296N ...... Master Air Cargo, Inc., 8030 NW 29th Street, Miami, FL 33122 ...... March 27, 2003. 16887F ...... Promax Automotive, Inc., 6722 Orangethorpe Avenue, Suite 175, Buena Park, CA 90622 ...... April 9, 2003.
Sandra L. Kusumoto, A. Authority and Catalog of Federal B. Purpose Director, Bureau of Consumer Complaints Domestic Assistance Number and Licensing. The Agency for Toxic Substances and [FR Doc. 03–12035 Filed 5–13–03; 8:45 am] This program is authorized under Disease Registry (ATSDR) announces the availability of fiscal year (FY) 2003 BILLING CODE 6730–01–P section 104(i)(1)(E) of the Comprehensive Environmental funds for a cooperative agreement Response, Compensation, and Liability research program for exposure-dose reconstruction. This program addresses DEPARTMENT OF HEALTH AND Act (CERCLA) of 1980, as amended by the ‘‘Healthy People 2010’’ focus area of HUMAN SERVICES the Superfund Amendments and Reauthorization Act (SARA) of 1986 (42 Environmental Health. Agency for Toxic Substances and U.S.C. 9604(i)(1)(E)) and section 3019 of The purpose of the program is to Disease Registry the Resource Conservation and develop and evaluate methods to reconstruct, estimate, predict, and [Program Announcement 03059] Recovery Act (RCRA), as amended (Hazardous and Solid Waste evaluate exposures to widely varying Cooperative Agreement for a Research Amendments of 1984) (42 U.S.C. contaminant concentrations, exposure Program on Exposure-Dose 6939a(b) and (c)). The Catalog of Federal frequencies, and exposure durations, Reconstruction Notice of Availability of Domestic Assistance number is 93.161. with widely varying emission Funds characteristics that can be found at National Priorities List (NPL) sites, Application Deadline: June 30, 2003. Resource Conservation and Recovery
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Act (RCRA) facilities, and other sites or Note: Title 2 of the United States Code E. Program Requirements facilities where a hazardous substance section 1611 states that an organization described in section 501c(4) of the Internal In conducting activities to achieve the has been released into the environment. purpose of this program, the recipient The program will advance the Revenue Code that engages in lobbying activities is not eligible to receive Federal will be responsible for the activities development, evaluation, application, funds constituting an award, grant or loan. under 1. Recipient Activities, and and maintenance of computational ATSDR will be responsible for the methodologies and decision support D. Funding activities listed under 2. ATSDR systems for estimating exposure-dose Activities. relations from contaminated Availability of Funds environmental media and hazardous Approximately $300,000 is available 1. Recipient Activities substances. in FY 2003 to fund one award. It is a. Identify, pursue, and enhance A critical aspect of assessing human expected that the award will begin on or where appropriate, emerging technical health effects associated with hazardous about September 15, 2003, and will be advances in exposure-dose waste sites is the evaluation of past, made for a 12-month budget period reconstruction to encompass current, and future human exposures to within a project period of up to 5 years. reconstruction of exposure histories and hazardous substances. In order to Funding estimates may change. determination of biologically effective accurately and meaningfully evaluate Continuation awards within an doses. These advances should include, such exposures, more sensitive, media approved project period will be made but are not limited to, assessment of specific, and integrated methods must on the basis of satisfactory progress as methods such as: (1) Environmental be developed through a program of evidenced by required reports and the multi-media exposure (including such research coordinated across multiple availability of funds. pathways as groundwater, surface water, relevant, intra-related environmental, air, soil, and biota); (2) assessment of Use of Funds geochemical, and biomedical exposure and dose through disciplines. No human subjects are Funds may be expended for bioavailability, accumulation, and involved. reasonable program purposes, such as transformation; (3) delivery of past, Hazardous waste sites present a personnel, travel, supplies and services. current, or potential future exposure number of unique circumstances and Funds for contractual services may be and related dose through water- problems for ATSDR’s public health requested. However, the awardee, as the distribution systems; (4) kinetic assessment process. Chief among these direct and primary recipient of ATSDR networks; (5) genetic algorithms; (6) is the widespread occurrence of a cooperative agreement funds, must dose reconstruction; and (7) spatial number of hazardous chemicals and perform a substantive role in carrying analysis techniques integrated with (1) mixed hazardous chemical compounds. out project activities and not merely through (6) above, as a means to bridge In addition, some of the more complex serve as a conduit for an award to the gap between the release of hazardous waste sites may contain another party or provide funds to an hazardous substances into the multiple waste disposal areas within a ineligible party. If contractors are environment, potential dose (exposure), single site. Thus, the health assessor proposed, justification must be provided and resulting health effects. may be confronted with the need to along with the following: (1) Name of b. Reconstruct exposure and potential evaluate exposures to widely varying contractor; (2) method of selection; (3) dose histories and determine potential contaminant concentrations, exposure period of performance; (4) detailed for future exposure resulting from frequencies, and exposure durations, budget; (5) justification for use of hazardous substances in the with widely varying geochemical and contractor; and (6) assurance of non- environment for populations in the toxicological characteristics. More conflict of interest. environs around hazardous waste sites novel, reliable, and expedient exposure- Equipment may be purchased with by use of methodology driven dose assessment methods must be cooperative agreement funds. However, environmental assessment tools. These developed in order to adequately the equipment proposed should be tools must include, at a minimum, address site-specific issues. appropriate and reasonable for the simulators such as: (a) Analytical Measurable outcomes of the program activity to be conducted. The applicant, contaminant transport analysis system will be in alignment with the following as part of the application process, (ACTS); (b) steady flow in layered performance goal for ATSDR: evaluate should provide: (1) A justification for aquifer media and spatial analysis the human health risk from toxic sites the need to acquire the equipment; (2) interface (SLAM–GIS); (c) contaminant and releases. the description of the equipment; (3) the transport in layered aquifer media and C. Eligible Applicants intended use of the equipment; and (4) spatial analysis interface (CLAM–GIS); the advantages/disadvantages of and (d) water distribution system Applications may be submitted by: purchase versus lease of the equipment network hydraulic and water-quality • State and local governments or their (if applicable). Requests for equipment simulators integrated with spatial bona fide agents (this includes the purchases will be reviewed and analysis interface and progressive District of Columbia, the approved only under the following optimality genetic algorithm (POGA) Commonwealth of Puerto Rico, the conditions: (1) ATSDR retains the right optimization. These tools must be Virgin Islands, the Commonwealth of to request return of all equipment compatible with the desktop computing the Northern Marianna Islands, purchased (in operable condition) with devices and operating systems currently American Samoa, Guam, the Federated cooperative agreement funds at the in use by the agency and its exposure- States of Micronesia, the Republic of the conclusion of the project period, and (2) dose reconstruction computational Marshall Islands, and the Republic of equipment purchased must be laboratory. The generalized description Palau). compatible with CDC/ATSDR hardware. of the theory of these assessment tools • Political subdivisions of states (in can be found in the public domain Recipient Financial Participation consultation with states), which may literature. include state universities, state colleges, Matching funds are not required for c. Identify, characterize, and integrate and state research institutions. this program. uncertainty analysis techniques, such as
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Monte Carlo simulation into methodology describing the exposure- i. Collaborate with recipient to environmental assessment simulator dose reconstruction process as applied summarize program activities in a tools, so that environmental exposures to the public health assessment process. written report that includes the and health-based risk assessment 2. ATSDR Activities methodology describing the exposure- analyses can be conducted. This dose reconstruction process as applied combined deterministic-probabilistic a. Collaborate with and assist in the to the public health assessment process. computational methodology must development of plausible exposure-dose include a user-friendly interface and methodologies, relations, and criteria for F. Content the selection and application of should not rely on third-party or Applications proprietary software programs or computational tools, and define licensing to accomplish this task. appropriate assumptions. The Program Announcement title and d. Serve as a leading technical b. Serve as a direct conduit for number must appear in the application. accessing environmental and exposure resource that provides information and Use the information in the Program data and hazardous waste site assists in developing methodologies and Requirements, Other Requirements, and setting the standard for use of methods information that would be of value to recipient organization to test and Evaluation Criteria sections to develop for incorporating fuzzy system the application content. Your mathematics and modeling in the area validate the acceptability of the environmental assessment simulator application will be evaluated on the of exposure assessment and exposure- criteria listed, so it is important to dose reconstruction. tools developed as part of the exposure- follow them in laying out your program e. Provide technical consultation and dose reconstruction research program. assistance in the development of a user c. Collaborate with and assist plan. The narrative should be no more friendly decision support system that recipient organization with than 50 pages, single spaced, printed on considers, but is not limited to, the benchmarking, testing, and evaluation one side, with one inch margins, and following: of methodology driven exposure-dose unreduced 12-point font. (1) Site characterization and exposure reconstruction assessment The narrative should consist of, at a scenario data. computational tools by providing minimum, a Plan, Objectives, Methods, (2) Environmental-media fate and recipient organization with results Evaluation and Budget. The objectives transport computations. derived from application of must include a project schedule for the (3) Exposure-route analysis and methodology driven exposure-dose entire five-year project. (See evaluation reconstruction assessment computations. criteria 1.d.) The application must (4) Chemical-compound intake and computational tools when applied to include a 200-word or less abstract of exposure-dose computations. hazardous waste sites. (5) Probability distributions and d. Collaborate with and assist the proposal. The application pages uncertainty analyses. recipient with identifying and pursuing must be clearly numbered, and a (6) Spatial analysis computations and emerging disciplines related to advances complete index to the application and a geographic information systems in assessment of exposure to hazardous its appendices must be included. interface. chemicals and mixed wastes typically G. Submission and Deadline (7) Access to the decision support associated with hazardous waste sites. system by means of desktop e. Provide technical assistance to Application Forms computational devices available recipient organization to extend the throughout the agency and in its appropriate use of novel exposure Submit the signed original and two exposure-dose reconstruction characterization and dose relations copies of PHS 398 (OMB number 0925– computational laboratory. protocols to hazard characterization and 0001). Adhere to the instructions on the f. Provide technical consultation and communication efforts. Errata Instruction Sheet (posted on the assistance in applying innovative and f. Assist recipient organization in CDC web site) for PHS 398. Forms are emerging exposure-dose reconstruction communicating information on available at the following Internet methodologies and computational development of methodologies related address: http://www.cdc.gov/od/pgo/ analyses, described above, to areas to exposure-dose reconstruction by forminfo.htm. characterized by contaminated submitting, as progress warrants, If you do not have access to the environmental media that may pose manuscripts to symposia, conferences, Internet, or if you have difficulty potential health risks to the public. and peer-reviewed scientific journals on accessing the forms on-line, you may g. Provide information on the developments and methodology contact the CDC Procurement and development of methodologies related describing aspects of the research on to exposure-dose reconstruction by exposure-dose reconstruction. Grants Office Technical Information submitting, as progress warrants, g. Assist in the development and Management Section (PGO–TIM) at: manuscripts to symposia, conferences, dissemination of advances in the areas 770–488–2700. Application forms can and peer-reviewed scientific journals on of exposure-dose reconstruction be mailed to you. the developments and methodology methodologies to all relevant scientific Submission Date, Time, and Address describing aspects of the research on and technical groups and communities exposure-dose reconstruction. including state and local governments The application must be received by h. Organize and conduct workshops, and the public. 4 p.m. Eastern Time on June 30, 2003. conferences, or symposia to publicize h. Assist in the planning, Submit the application to: Technical and promote benefits of methodologies organization, and conduct of Information Management-PA #03059, developed and to transfer technology as workshops, conferences, or symposia to CDC Procurement and Grants Office, part of the research program on publicize and promote benefits of 2920 Brandywine Road, Atlanta, GA exposure-dose reconstruction. methodologies developed; and assist 30341–4146. i. When the project is completed, with the transfer of technology, as part recipient will summarize activities in a of the research program on exposure- Applications may not be submitted written report that includes the dose reconstruction. electronically.
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CDC Acknowledgement of Application knowledge, and experience of the applicant’s proposed budget exceeds the Receipt principal investigator in his/her ability availability of funds, their application A postcard will be mailed by PGO– to utilize and apply methodology driven will be funded at the level of availability TIM, notifying you that CDC has environmental assessment tools to of funds. received your application. reconstruct exposure histories (10 f. Performance goals (Reviewed, but percent); (3) the ability of the principal not scored). The extent to which the Deadline investigator to modify these tools in applicant’s proposal adequately Applications shall be considered as order to meet the program objective as addresses the following performance meeting the deadline if they are described in the Purpose section of this goal for ATSDR: evaluate the human received before 4 p.m. Eastern Time on announcement (5 percent); and (4) the health risk from toxic sites and releases. demonstrated ability of the principal the deadline date. Any applicant who 2. Continuation Awards Within the sends their application by the United investigator to integrate the aforementioned computational tools Project Period Will Be Made on the States Postal Service or commercial Basis of the Following Criteria delivery services must ensure that the into existing computational tools and carrier will be able to guarantee delivery platforms so as to develop, maintain, or a. Satisfactory progress has been made of the application by the closing date enhance a decision support system in in meeting project objectives. and time. If an application is received order to support ATSDR’s public health b. Objectives for the new budget after closing due to (1) carrier error, assessment process (10 percent). period are realistic, specific, and when the carrier accepted the package b. Evaluation (25 percent total). The measurable. with a guarantee for delivery by the extent to which the applicant has fully c. Proposed changes in described closing date and time, or (2) significant and adequately described how it will long-term objectives, methods of weather delays or natural disasters, CDC demonstrate its effectiveness in meeting operation, need for cooperative all objectives in the evaluation of its will, upon receipt of proper agreement support, and/or evaluation work plan, including: (1) The documentation, consider the application procedures will lead to achievement of qualifications, experience, and as having been received by the deadline. project objectives. Any application that does not meet commitment of the principal d. The budget request is clearly the above criteria will not be eligible for investigator, and his/her ability to justified and consistent with the competition, and will be discarded. The devote adequate time and effort to intended use of cooperative agreement applicant will be notified of their failure provide effective leadership (10 funds. percent); (2) the competence of associate to meet the submission requirements. investigators to accomplish the I. Other Requirements H. Evaluation Criteria proposed study, their commitment, and Technical Reporting Requirements the time they will devote to the project Application (5 percent); and (3) the adequacy and Provide CDC with original plus two Applicants are required to provide commitment of institutional resources copies of: measures of effectiveness that will to administer the program and the 1. Interim progress report, no less demonstrate the accomplishment of the adequacy of facilities, such as the than 90 days before the end of the various identified objectives of the availability of a multimedia budget period. The progress report will cooperative agreement. Measures of environmental simulations laboratory, serve as your non-competing effectiveness must relate to the as they impact on performance of the continuation application, and must performance goals stated in the purpose proposed project (10 percent). contain the following elements: section of this announcement. Measures c. Proposed Plan (20 percent total). a. Current Budget Period Activities must be objective and quantitative and The extent to which the applicant’s Objectives. must measure the intended outcome. proposal fully and adequately b. Current Budget Period Financial These measures of effectiveness must be addresses: (1) the development and Progress. submitted with the application and will implementation of methods designed to c. New Budget Period Program be an element of evaluation. characterize exposure-dose relations Proposed Activity Objectives. An independent review group associated with hazardous waste sites d. Detailed Line-Item Budget and appointed by ATSDR will evaluate each (10 percent); and (2) the applicant’s Justification. application against the following experience and past performance in e. Additional Requested Information. criteria: assisting ATSDR in methods 2. Financial status report, no more development, conducting exposure than 90 days after the end of the budget 1. Scientific and Technical Review assessments, and exposure-dose period. Criteria of Application reconstruction analyses (10 percent). 3. Final financial and performance a. Methods (45 percent total). The d. Objectives (10 percent total). The reports, no more than 90 days after the extent to which the applicant’s proposal extent to which the applicant’s proposal end of the project period. fully and adequately addresses: (1) fully and adequately addresses: (1) the Send all reports to the Grants Experience in methods of reconstruction proposed project schedule, including Management Specialist identified in the of exposure histories through the clearly established and obtainable ‘‘Where to Obtain Additional identification and pursuit of technical project objectives for which progress Information’’ section of this advances such as environmental multi- toward attainment can and will be announcement. media exposure, kinetic networks, measured: (5 percent); and (2) Additional Requirements progressive optimality genetic algorithm experience and past performance in (POGA) optimization and water- meeting project objectives (5 percent). The following additional distribution system operations, e. Program Budget (Reviewed, but not requirements are applicable to this uncertainty analysis, fuzzy scored). The extent to which the budget program. For a complete description of mathematics, dose reconstruction, and is reasonable, clearly justified, and each, see Attachment I of the program spatial analysis techniques (20 percent); consistent with the intended use of announcement, as posted on the CDC (2) the familiarity, qualifications, cooperative agreement funds. If website.
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AR–9 Paperwork Reduction Act (Pub. L. 92–463), the Centers for Disease Arlington, Virginia 22202 telephone: 1– Requirements Control and Prevention (CDC) 800–222–TREE. AR–10 Smoke-Free Workplace announces the following Federal Status: Open to the public, limited Requirements advisory committee conference call only by the space available. The meeting AR–11 Healthy People 2010 meeting. room accommodates approximately 50 AR–12 Lobbying Restrictions Name: National Advisory Committee people. AR–19 Third Party Agreements— on Children and Terrorism (NACCT). Purpose: The committee will make ATSDR Time and Date: 10:30 a.m.–12 p.m., recommendations to the Secretary of AR–22 Research Integrity May 16, 2003. HHS on matters related to bioterrorism Executive Order 12372 does not apply Place: The conference call will and its impact on children. to this program. originate at the Office of Terrorism Matters to be Discussed: Agenda items Preparedness and Emergency Response will include from the chairperson of the J. Where To Obtain Additional (OTPER), in Atlanta, Georgia. Please see committee an introduction of committee Information SUPPLEMENTARY INFORMATION for details members and discussion of the This and other CDC announcements, on accessing the conference call. Secretary priorities with discussions of the necessary applications, and Status: Open to the public, limited recommendations regarding, (a) the associated forms can be found on the only by the availability of telephone preparedness of the health care system CDC web site, Internet address: http:// ports. to respond to bioterrorism as it relates www.cdc.gov. Click on ‘‘Funding’’ then Purpose: The committee is charged to children; (b) needed changes to the ‘‘Grants and Cooperative Agreements’’. with advising the Secretary, Health and health care and emergency medical For general questions about this Human Services, on (a) the service systems and emergency medical announcement, contact: Technical preparedness of the health care system services protocols to meet the special Information Management, CDC to respond to bioterrorism as it relates needs of children; and (c) changes, if Procurement and Grants Office, 2920 to children; (b) needed changes to the necessary to the National Strategic Brandywine Road, Atlanta, GA 30341– health care and emergency medical Stockpile under section 121 of the 4146, Telephone: 770–488–2700. service systems and emergency medical Public Health Security and Bioterrorism For business management and budget services protocols to meet the special Preparedness and Response Act of 2002 assistance, contact: Edna Green, Grants needs of children; and (c) changes, if to meet the emergency health security of Management Specialist, Procurement necessary, to the National Strategic children. and Grants Office, Centers for Disease Stockpile under section 121 of the Agenda items are subject to change as Control and Prevention, 2920 Public Health Security and Bioterrorism priorities dictate. Brandywine Road, Atlanta, GA 30341– Preparedness and Response Act of 2002 Contact Person for More Information: 4146, Telephone: 770–488–2743, E-mail to meet the emergency health security of Victor Balaban, Office of Terrorism address: [email protected]. children. Preparedness and Emergency Response, For business management and budget Matters to be Discussed: The National CDC, 1600 Clifton Road, NE., (D–44), assistance in the territories, contact: Advisory Committee on Children and Atlanta, Georgia 30333, telephone (404) Julie Grace, Contract Specialist, CDC Terrorism will convene by conference 639–7428, fax (404) 639–7977. Procurement and Grants Office, 2920 call to discuss the draft report to the The Director, Management Analysis Brandywine Road, Atlanta, GA 30341– Secretary. and Services Office, has been delegated 4146, Telephone: 770–488–2782, E- Due to programmatic issues that had the authority to sign Federal Register mail: [email protected]. to be resolved, the Federal Register notices pertaining to announcements of For program technical assistance, notice is being published less than meetings and other committee contact: Morris L. Maslia, P.E., Project fifteen days before the meeting. management activities, for both CDC Officer, Agency for Toxic Substances SUPPLEMENTARY INFORMATION: This and the Agency for Toxic Substances and Disease Registry, 1825 Century conference call is scheduled to begin at and Disease Registry. Boulevard, Room 3094, Mail Stop E–32, 10:30 a.m., Eastern Standard Time. To Dated: May 6, 2003. Atlanta, Georgia 30345, Telephone participate in the conference call, please Diane Allen, number: (404) 498–0415, E-mail dial (404) 639–3277 or (800) 311–3437 Acting Director, Management Analysis and address: [email protected]. and enter conference code 864530. You Services Office, Centers for Disease Control Dated: May 8, 2003. will then be automatically connected to and Prevention. the call. Sandra R. Manning, [FR Doc. 03–11872 Filed 5–13–03; 8:45 am] Contact Person for More Information: BILLING CODE 4163–18–P Director, Procurement and Grants Office, Victor Balaban, Office of Terrorism Centers for Disease Control and Prevention. Preparedness and Emergency Response, [FR Doc. 03–11975 Filed 5–13–03; 8:45 am] CDC, 1600 Clifton Road, NE., (D–44), DEPARTMENT OF HEALTH AND BILLING CODE 4163–70–P Atlanta, Georgia 30333, telephone (404) HUMAN SERVICES 639–7428, fax (404) 639–7977. In accordance with section 10(a)(2) of Food and Drug Administration DEPARTMENT OF HEALTH AND the Federal Advisory Committee Act [Docket No. 02N–0486] HUMAN SERVICES (Pub. L. 92–463), the Centers for Disease Centers for Disease Control and Control and Prevention (CDC) Agency Information Collection Prevention announces the following Advisory Activities; Submission for OMB Committee meeting. Review; Comment Request; National Advisory Committee on Name: National Advisory Committee Prescription Drug Marketing Act of Children and Terrorism: Conference on Children and Terrorism, HHS, CDC. 1987; Administrative Procedures, Call Meeting and Advisory Meeting Time and Date: 8 a.m.–5 p.m., May Policies, and Requirements 21, 2003. In accordance with section 10(a)(2) of Place: Doubletree Hotel National AGENCY: Food and Drug Administration, the Federal Advisory Committee Act Airport, 300 Army Navy Drive, HHS.
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ACTION: Notice. SUPPLEMENTARY INFORMATION: In developed that prevented effective compliance with 44 U.S.C. 3507, FDA control over the true sources of drugs. SUMMARY: The Food and Drug has submitted the following proposed Administration (FDA) is announcing Congress found that large amounts of collection of information to OMB for drugs had been reimported into the that the proposed collection of review and clearance. information listed below has been United States as U.S. goods returned submitted to the Office of Management Prescription Drug Marketing Act of causing a health and safety risk to U.S. and Budget (OMB) for review and 1987; Administrative Procedures, consumers because the drugs may clearance under the Paperwork Policies, and Requirements—21 CFR become subpotent or adulterated during Reduction Act of 1995. Part 3 (OMB Control Number 0910– foreign handling and shipping. Congress also found that a ready market for DATES: Fax written comments on the 0435)—Extension prescription drug reimports had been information collection provisions by The Food and Drug Administration the catalyst for a continuing series of June 13, 2003. (FDA) is requesting OMB approval frauds against U.S. manufacturers and ADDRESSES: The Office of Management under the Paperwork Reduction Act (44 had provided the cover for the and Budget (OMB) is still experiencing U.S.C. 3507) for the reporting and importation of foreign counterfeit drugs. significant delays in the regular mail, recordkeeping requirements contained Congress also determined that the including first class and express mail, in the regulations implementing the system of providing drug samples to and messenger deliveries are not being Prescription Drug Marketing Act of 1987 physicians through manufacturers’ accepted. To ensure that comments on (PDMA) (Public Law 100–293). PDMA representatives had resulted in the sale the information collection are received, was intended to ensure that drug to consumers of misbranded, expired, OMB recommends that written products purchased by consumers are and adulterated pharmaceuticals. comments be electronically mailed to safe and effective and to avoid an [email protected] or faxed to the unacceptable risk of counterfeit, The bulk resale of below-wholesale Office of Information and Regulatory adulterated, misbranded, subpotent, or priced prescription drugs by health care Affairs, OMB, Attn: Stuart Shapiro, Desk expired drugs being sold. entities for ultimate sale at retail also Officer for FDA, FAX: 202–395–6974. PDMA was enacted by Congress helped to fuel the diversion market and FOR FURTHER INFORMATION CONTACT: because there were insufficient was an unfair form of competition to Karen L. Nelson, Office of Information safeguards in the drug distribution wholesalers and retailers who had to Resources Management (HFA–250), system to prevent the introduction and pay otherwise prevailing market prices. Food and Drug Administration, 5600 retail sale of substandard, ineffective, or FDA is requesting OMB approval for Fishers Lane, Rockville, MD 20857, counterfeit drugs, and that a wholesale the following reporting and 301–827–1482. drug diversion submarket had recordkeeping requirements:
TABLE 1.—REPORTING REQUIREMENTS
21 CFR Section Reporting and Recordkeeping Requirements
203.11 Applications for re-importation to provide emergency medical care. 203.30(a)(1) and (b) Drug sample requests for drug samples distributed by mail or common carrier. 203.30(a)(3), (a)(4), and (c) Drug sample receipts for drug samples distributed by mail or common carrier. 203.31(a)(1) and (b) Drug sample requests for drug samples distributed by means other than the mail or a common carrier. 203.31(a)(3), (a)(4), and (c) Drug sample receipts for drug samples distributed by means other than the mail or a common carrier. 203.37(a) Investigation of falsification of drug sample records. 203.37(b) Investigation of a significant loss or known theft of drug samples. 203.37(c) Notification that a representative has been convicted of certain of- fenses involving drug samples. 203.37(d) Notification of the individual responsible for responding to a request for information about drug samples. 203.38(a) Printing lot or control numbers on the drug sample unit label. 203.39(g) Preparation by a charitable institution of a reconciliation report for do- nated drug samples. 203.50(a) Drug origin statement. 203.23(a) and (b) Credit memorandom for returned drugs. 203.23(c) Documentation of proper storage, handling, and shipping conditions of returned drugs. 203.30(a)(2) and 203.31(a)(2) Verification that a practitioner requesting a drug sample is licensed or authorized to prescribe the product. 203.31(d)(4) Investigation of apparent discrepancies and significant losses revealed through the reconciliation report. 203.31(e) Lists of manufacturers’ and distributors’ representatives. 203.34 Written policies and procedures describing administrative systems. 203.37(a) Report of investigation of falsification of drug sample records. 203.37(b) Report of investigation of significant loss or known theft of drug sam- ples. 203.38(b) Records of drug sample distribution identifying lot or control numbers of samples distributed. 203.39(d) Records of drug samples destroyed or returned by a charitable institu- tion.
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TABLE 1.—REPORTING REQUIREMENTS—Continued
21 CFR Section Reporting and Recordkeeping Requirements
203.39(e) Record of drug samples donated to a charitable institution. 203.39(f) Records of donation and distribution or other disposition of donated drug samples. 203.39(g) Inventory and reconciliation of drug samples donated to charitable insti- tutions. 203.50(a) Drug origin statement. 203.50(b) Retention of drug origin statement for 3 years. 203.50(d) List of authorized distributors of record.
The reporting and recordkeeping 4. To require licensed or authorized retail pharmacy, a statement identifying requirements are intended to help practitioners to request samples in each prior sale, purchase, or trade of the achieve the following goals: writing; drug. 1. To ban the reimportation of 5. To mandate storage, handling, and In the Federal Register of December 2, prescription drugs produced in the recordkeeping requirements for drug United States, except when reimported samples; 2002 (67 FR 71572), FDA requested by the manufacturer or under FDA 6. To prohibit, with certain comments on the proposed collection of authorization for emergency medical exceptions, the sale, purchase, or trade information. FDA received one care; of, or the offer to sell, purchase, or trade, comment requesting that it be deemed 2. To ban the sale, purchase, or trade, prescription drugs that were purchased an ‘‘other health care entity’’ and be or the offer to sell, purchase, or trade, by hospitals or other health care permitted to receive and dispense of any drug sample; entities, or which were donated or samples to its patients. This comment 3. To limit the distribution of drug supplied at a reduced price to a does not pertain to the information samples to practitioners licensed or charitable organization; collection estimates in the December 2, authorized to prescribe such drugs or to 7. To require unauthorized wholesale 2002, notice, and has been forwarded to pharmacies of hospitals or other health distributors to provide, prior to the the appropriate office in FDA that care entities at the request of a licensed wholesale distribution of a prescription reviews these types of requests. or authorized practitioner; drug to another wholesale distributor or
TABLE 2.—ESTIMATED ANNUAL REPORTING BURDEN
No. of No. of Responses Total Annual Hours per 21 CFR Section Respondents per Respondent Responses Response Total Hours
203.11 12 1 12 .5 6 203.30(a)(1) and (b) 61,961 12 743,532 .06 44,612 203.30(a)(3), (a)(4), and (c) 61,961 12 743,532 .06 44,612 203.31(a)(1) and (b) 232,355 135 31,367,925 .04 1,254,717 203.31(a)(3), (a)(4) and (c) 232,355 135 31,367,925 .03 941,038 203.37(a) 25 1 25 6.00 150 203.37(b) 200 1 200 6.00 1,200 203.37(c) 50 1 50 1.00 50 203.37(d) 2,208 1 2,208 .08 177 203.38(a) 2,208 1 2,208 3.00 6,624 203.39(g) 3,221 1 3,221 2.00 6,442 203.50(a) 125 100 12,500 .08 1,000
Total Reporting Burden Hours 2,300,628
TABLE 3.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1
Annual Frequency 21 CFR Section No. of per Total Annual Hours per Total Hours Recordkeepers Recordkeeping Records Recordkeeper
203.23(a) and (b) 31,676 5 158,380 .25 39,595 203.23(c) 31,676 5 158,380 .08 12,670 203.30(a)(2) and 203.31(a)(2) 2,208 100 220,800 .50 110,400 203.31(d)(1) and (d)(2) 2,208 1 2,208 40.00 88,320 203.31(d)(4) 442 1 442 24.00 10,608 203.31(e) 2,208 1 2,208 1.00 2,208 203.34 2,208 1 2,208 40.00 88,320 203.37(a) 25 1 25 18.00 450 203.37(b) 200 1 200 18.00 3,600 203.38(b) 2,208 14,543 32,111,457 .02 642,229 203.39(d) 65 1 65 1.00 65 203.39(e) 3,221 1 3,221 .50 1,610 203.39(f) 3,221 1 3,221 8.00 25,768
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TABLE 3.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1—Continued
Annual Frequency 21 CFR Section No. of per Total Annual Hours per Total Hours Recordkeepers Recordkeeping Records Recordkeeper
203.39(g) 3,221 1 3,221 8.00 25,768 203.50(a) 125 100 12,500 .17 2,125 203.50(b) 125 100 12,500 .50 6,250 203.50(d) 691 1 691 2.00 1,382
Total Recordkeeping Burden Hours 1,061,368 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
Dated: May 2, 2003. DEPARTMENT OF HEALTH AND Administration, 1401 Rockville Pike, Jeffrey Shuren, HUMAN SERVICES Rockville, MD 20852–1448. Send one Assistant Commissioner for Policy. self-addressed adhesive label to assist Food and Drug Administration [FR Doc. 03–11925 Filed 5–13–03; 8:45 am] the office in processing your requests. [Docket No. 02D–0467] The guidance may also be obtained by BILLING CODE 4160–01–S mail by calling the CBER Voice ‘‘Guidance for Industry: Revised Information System at 1–800–835–4709 DEPARTMENT OF HEALTH AND Recommendations for the Assessment or 301–827–1800 or by fax by calling the HUMAN SERVICES of Donor Suitability and Blood and FAX Information System at 1–888– Blood Product Safety in Cases of CBER–FAX or 301–827–3844. See the Food and Drug Administration Known or Suspected West Nile Virus SUPPLEMENTARY INFORMATION section for Infection;’’ Availability electronic access to the guidance document. [Docket No. 99D–5435] AGENCY: Food and Drug Administration, Submit written comments on the HHS. guidance document to the Dockets Guidance for Industry on Photosafety ACTION: Notice. Management Branch (HFA–305), Food Testing; Availability; Correction and Drug Administration, 5630 Fishers SUMMARY: The Food and Drug Lane, rm. 1061, Rockville, MD 20852. AGENCY: Food and Drug Administration, Administration (FDA) is announcing the Submit electronic comments to http:// HHS. availability of a document entitled www.fda.gov/dockets/ecomments. ‘‘Guidance for Industry: Revised ACTION: Notice; correction. FOR FURTHER INFORMATION CONTACT: Recommendations for the Assessment of Nathaniel L. Geary, Center for Biologics Donor Suitability and Blood and Blood SUMMARY: The Food and Drug Evaluation and Research (HFM–17), Product Safety in Cases of Known or Administration is correcting a notice Food and Drug Administration, 1401 Suspected West Nile Virus Infection’’ Rockville Pike, Rockville, MD 20852– that appeared in the Federal Register of dated May 2003. The guidance provides 1448, 301–827–6210. May 7, 2003 (68 FR 24487). The our revisions to the guidance of the document announced the availability of same title dated October 2002 in which SUPPLEMENTARY INFORMATION: a guidance for industry entitled FDA provided its recommendations for I. Background ‘‘Photosafety Testing.’’ The document assessing donor suitability and product was published with an inadvertent safety for donors with proven recent FDA is announcing the availability of error. This document corrects that error. West Nile Virus (WNV) infections or a document entitled ‘‘Guidance for Industry: Revised Recommendations for FOR FURTHER INFORMATION CONTACT: with illness potentially due to WNV. The guidance is intended to recommend the Assessment of Donor Suitability and Joyce Strong, Office of Policy and Blood and Blood Product Safety in Planning (HF–27), Food and Drug deferral of donors infected or potentially infected with WNV, and to recommend Cases of Known or Suspected West Nile Administration, 5600 Fishers Lane, quarantine of blood and blood products Virus Infection’’ dated May 2003. The Rockville, MD 20857, 301–827–7010. previously collected from such donors. guidance document provides information related to the possible risk SUPPLEMENTARY INFORMATION: In FR Doc. These measures are intended to reduce of WNV transmission by blood or blood 03–11216, appearing on page 24487 in the possibility of WNV transmission by products. The presence of WNV in the Federal Register of Wednesday, May blood and blood products and are for immediate implementation. This blood components and transfusion 7, 2003, the following correction is transmission from blood components made: guidance supersedes the guidance of the same title dated October 2002. has been documented. FDA developed 1. On page 24487, in the first column, this guidance in consultation with other in the heading of the document, DATES: Submit written or electronic Public Health Service agencies of the ‘‘[Docket No. 99D–5453]’’ is corrected to comments on agency guidances at any Department of Health and Human read ‘‘[Docket No. 99D–5435]’’. time. Services. The guidance supersedes the ADDRESSES: Dated: May 7, 2003. Submit written or electronic guidance of the same title dated October requests for single copies of this 2002. Jeffrey Shuren, guidance to the Office of This guidance is being issued Assistant Commissioner for Policy. Communication, Training, and consistent with FDA’s good guidance [FR Doc. 03–11924 Filed 5–13–03; 8:45 am] Manufacturers Assistance (HFM–40), practices regulation (21 CFR 10.115). BILLING CODE 4160–01–S Center for Biologics Evaluation and This guidance document represents the Research (CBER), Food and Drug agency’s current thinking on this topic.
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It does not create or confer any rights for Guard is inviting comments on them as 15096], and give the reasons for the or on any person and does not operate described below. comments. Please submit all comments to bind FDA or the public. An DATES: Comments must reach the Coast and attachments in an unbound format alternative approach may be used if Guard on or before July 14, 2003. no larger than 81⁄2 by 11 inches, suitable such approach satisfies the ADDRESSES: To make sure that your for copying and electronic filing. requirements of the applicable statutes comments and related material do not Persons wanting acknowledgment of and regulations. enter the docket [USCG 2003–15096] receipt of comments should enclose stamped self-addressed postcards or II. Comments more than once, please submit them by only one of the following means: envelopes. The agency is soliciting public (1) By mail to the Docket Management Information Collection Requests comment, and is recommending the Facility, U.S. Department of implementation of the guidance by June Transportation (DOT), room PL–401, 1. Title: Financial Responsibility for 1, 2003, because of public health 400 Seventh Street SW., Washington, Water Pollution (Vessels). concerns related to the possible risk of DC 20590–0001. Caution: Because of OMB Control Number: 1625–0046. transfusion transmitted WNV. recent delays in the delivery of mail, Summary: The collection of Interested persons may, at any time, your comments may reach the Facility submit written or electronic comments information requires operators of vessels more quickly if you choose one of the over 300 gross tons to submit to the U.S. to the Dockets Management Branch (see other means described below. ADDRESSES) regarding this guidance Coast Guard evidence of their financial (2) By delivery to room PL–401 on the responsibility to meet the maximum document. Two copies of mailed Plaza level of the Nassif Building, 400 comments are to be submitted, except amount of liability in case of a spill of Seventh Street SW., Washington, DC, either oil or hazardous substances. individuals may submit one copy. between 9 a.m. and 5 p.m., Monday Comments should be identified with the through Friday, except Federal holidays. Need: Under 33 U.S.C. 2716 and 42 docket number found in the brackets in The telephone number is 202–366– U.S.C. 9608, the Coast Guard has the the heading of this document. A copy of 9329. authority to ensure that those persons the document and received comments (3) By fax to the Facility at 202–493– directly subject to these rules are in are available for public examination in 2251. compliance with the provisions. the Dockets Management Branch (4) Electronically through the Web Respondents: Operators or owners of between 9 a.m. and 4 p.m., Monday Site for the Docket Management System vessels over 300 gross tons. through Friday. at http://dms.dot.gov. Frequency: On occasion. The Facility maintains the public III. Electronic Access Burden: The estimated burden is docket for this Notice. Comments and 2,162 hours a year. Persons with access to the Internet material received from the public, as may obtain the document at either well as documents mentioned in this 2. Title: Boat Owner’s Report, Possible http://www.fda.gov/cber/guidelines.htm Notice as being available in the docket, Safety Defect. or http://www.fda.gov/ohrms/dockets/ will become part of this docket and will OMB Control Number: 1625–0071. default.htm. be available for inspection or copying at Summary: The collection of Dated: May 6, 2003. room PL–401 on the Plaza level of the information provides a form for Jeffrey Shuren, Nassif Building, 400 Seventh Street consumers who believe their Assistant Commissioner for Policy. SW., Washington, DC, between 9 a.m. recreational boats or designated [FR Doc. 03–11980 Filed 5–13–03; 8:45 am] and 5 p.m., Monday through Friday, associated equipment either contains BILLING CODE 4160–01–S except Federal holidays. You may also substantial-risk defects or fails to find this docket on the Internet at comply with Federal safety standards to http://dms.dot.gov. report the deficiencies to the Coast DEPARTMENT OF HOMELAND Copies of the complete ICRs are Guard for investigation and possible SECURITY available through this docket on the remedy. Internet at http://dms.dot.gov, and also Need: 46 U.S.C. 4310 gives the Coast Coast Guard from Commandant (G–CIM–2), U.S. Coast Guard Headquarters, room 6106 Guard the authority to require [USCG 2003–15096] (Attn: Barbara Davis), 2100 Second manufacturers of recreational boats and Street SW., Washington, DC 20593– certain items of designated associated Collection of Information under Review 0001. The telephone number is 202– equipment to notify owners and remedy by Office of Management and Budget 267–2326. (1) defects that create a substantial risk (OMB): OMB Control Numbers 1625– of personal injury to the public and (2) FOR FURTHER INFORMATION CONTACT: 0046 and 1625–0071 failures to comply with applicable Barbara Davis, Office of Information Federal safety standards. AGENCY: Coast Guard, DHS. Management, 202–267–2326, for Respondents: Owners and users of ACTION: Request for comments. questions on this document; or Dorothy Beard, Chief, Documentary Services recreational boats and of items of SUMMARY: In compliance with the Division, U.S. Department of designated associated equipment. Paperwork Reduction Act of 1995, the Transportation, 202–366–5149, for Frequency: One time. Coast Guard intends to seek the questions on the docket. Burden: The estimated burden is 10 approval of OMB for the renewal of two hours a year. Information Collection Requests (ICRs). Request for Comments The ICRs comprise (1) Financial The Coast Guard encourages Dated: May 5 2003. Responsibility for Water Pollution interested persons to submit comments. Nathaniel S. Heiner, (Vessels), and (2) Boat Owner’s Report, Persons submitting comments should Acting Director of Information & Technology. Possible Safety Defect. Before include their names and addresses, [FR Doc. 03–11985 Filed 5–13–03; 8:45 am] submitting the ICRs to OMB, the Coast identify this document [USCG 2003– BILLING CODE 4910–15–P
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DEPARTMENT OF HOMELAND Guard Headquarters, telephone 202– revision to the current rules on SECURITY 267–1241. ratemaking, at a future date. FOR FURTHER INFORMATION CONTACT: For How May I Participate in This Action? Coast Guard questions on this Notice or on the You may participate in this action by [USCG 2002–13191] Review of Bridge-Hour Standards for American pilots on the Great Lakes, submitting comments and related material on the Review of Bridge-Hour Review of Great Lakes Pilotage Bridge- write or call Mr. Tom Lawler where Standards for American pilots on the Hour Standards for American Pilots on indicated under ADDRESSES. For Great Lakes. If you submit written the Great Lakes questions on viewing or submitting comments please include— material to the docket, call Ms. Dorothy • AGENCY: Coast Guard, DHS. Your name and address; Beard, Chief, Dockets, Department of • The docket number for this notice ACTION: Notice of availability and Transportation, telephone 202–366– (USCG 2002–13191); request for comments. 9329. • The specific section of the Review SUPPLEMENTARY INFORMATION: to which each comment applies; and SUMMARY: The Coast Guard announces • the availability of, and seeks public The reason for each comment. What Action Is the Coast Guard You may mail, deliver, fax, or comments on, the Review of Bridge- Taking? electronically submit your comments Hour Standards for American pilots on and related material to the Docket the Great Lakes dated March 4, 2003. The current Bridge-Hour Standards Management Facility, using an address The Review asks, as it states, ‘‘how for American pilots on the Great Lakes or fax number listed in ADDRESSES. much pilotage work needs to be done, appear at 46 Code of Federal Please do not submit the same comment and how many pilots we need to do the Regulations (CFR) part 404, Appendix material more than once. If you mail or work.’’ In particular, it arrives at A. These standards help determine the deliver your comments and material, establishing the number of pilots we number of pilots necessary to guide commercial vessels engaged in foreign they must be on 81⁄2-by-11-inch paper, need to do that work ‘‘safely, reliably, and the quality of the copy should be and efficiently (italics in original).’’ trade through the American waters of the Great Lakes system in a safe, clear enough for copying and scanning. DATES: Comments and related material reliable, and efficient manner. Elaborate If you mail your comments and material must reach the Docket Management and rigid though they seem, they only and would like to know whether the Facility on or before July 14, 2003. constitute ‘‘guidance’’ to the Director, Facility received them, please enclose a ADDRESSES: Please identify your Great Lakes Pilotage. They are a stamped, self-addressed postcard or comments and related material by the component of the pilotage program’s envelope. The Coast Guard will docket number of this notice (USCG ratemaking process and, as such, are consider all comments and material 2002–13191). Then, to make sure they part of the equation used in determining received during the 60-day comment enter the docket just once, submit them the annual rate that owners and period. by just one of the following means: operators of vessels must pay for Once we have considered all (1) By mail to the Docket Management pilotage in each area of the Great Lakes. comments and related material, we may Facility, U.S. Department of They also help determine the number of publish an NPRM amending the Transportation, room PL–401, 400 hours of work a pilot must perform to standards used to determine the number Seventh Street, SW., Washington DC earn target compensation. Under them, of American pilots needed to guide 20590–0001. a pilot in designated waters must work foreign-flag vessels through the Great (2) By delivery to room PL–401 on the 1000 hours during the season to make Lakes system in a safe, reliable, and Plaza level of the Nassif Building, 400 target compensation while a pilot in efficient manner. Seventh Street, SW., Washington, DC, undesignated waters must work 1800 Dated: May 2, 2003. between 9 a.m. and 5 p.m., Monday hours to make target compensation. L.L. Hereth, through Friday, except Federal holidays. At the requests of Representative Rear Admiral, Coast Guard, Acting Assistant The telephone number is 202–366– James L. Oberstar and the St. Lawrence Commandant for Marine Safety, Security and 9329. Seaway Pilots’ Association, the Coast Environmental Protection. (3) By fax to the Docket Management Guard chartered a study to determine [FR Doc. 03–11984 Filed 5–13–03; 8:45 am] Facility at 202–493–2251. whether the Bridge-Hour Standards are BILLING CODE 4910–15–P (4) Electronically through the Web reasonable for each area of the Great site for the Docket Management System Lakes and, if not, seeking at http://dms.dot.gov. recommendations for change. The study DEPARTMENT OF HOMELAND The Facility maintains the public in the form of the Review now made SECURITY docket for this notice. Comments and available was completed on March 4, related material received from the 2003. The Coast Guard has placed the Federal Emergency Management public, as well as documents mentioned Review in the Public Docket (USCG Agency in this notice, will become part of this 2002–13191). It seeks public comments Open Meeting of the Federal docket and will be available for on the Review and on its Interagency Committee on Emergency inspection or copying at room PL–401 recommendations. on the Plaza level of the Nassif Building, Medical Services 400 Seventh Street, SW., Washington, Why Is the Coast Guard Taking This Action? AGENCY: Emergency Preparedness and DC, between 9 a.m. and 5 p.m. Monday Response Directorate, Federal through Friday, except Federal holidays. The Coast Guard is taking this action Emergency Management Agency, The Review is available on the to obtain the benefit of public comment Department of Homeland Security. Internet at http://dms.dot.gov. It is also before determining which, if any, of the ACTION: Notice of open meeting. available from Mr. Tom Lawler, Chief recommendations of the Review it will Economist, Great Lakes Pilotage, approve. It will incorporate any Summary: FEMA announces the Commandant (G–MW–1), U.S. Coast recommendations it does approve in a following open meeting.
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Name: Federal Interagency Committee the September 5, 2003 FICEMS determine the cause of the death of on Emergency Medical Services Committee Meeting. several animals that have died during an (FICEMS). Dated: May 7, 2003. ongoing disease outbreak at the Date of Meeting: June 5, 2003. R. David Paulison, sanctuary within the past several weeks. Place: Building J, Room 107, National The necessary diagnostic testing is not Director, Preparedness Division. Emergency Training Center (NETC), available in Africa. The results of health 16825 South Seton Avenue, [FR Doc. 03–12003 Filed 5–13–03; 8:45 am] and disease testing from these bonobos Emmitsburg, Maryland 21727. BILLING CODE 6718–08–P may result in a secondary benefit by Time: 10:30 a.m. providing important clues to disease Proposed Agenda: Review and threats to the wild bonobo population. submission for approval of previous DEPARTMENT OF THE INTERIOR The U.S. Fish and Wildlife Service FICEMS Committee Meeting Minutes; Fish and Wildlife Service has information collection approval Ambulance Safety Subcommittee and from OMB through March 31, 2004, Counter-terrorism Subcommittee report; Emergency Exemption: Issuance of OMB Control Number 1018–0093. presentation of member agency reports; Permit for Endangered Species Federal Agencies may not conduct or and reports of other interested parties. sponsor and a person is not required to AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: This respond to a collection of information meeting will be open to the public with Interior. unless it displays a current valid OMB limited seating available on a first-come, ACTION: Notice of emergency issuance of control number. first-served basis. See the Response and permit for endangered species. Dated: April 18, 2003. Security Procedures below. SUMMARY: The following permit was Timothy J. Van Norman, Response Procedures: Committee issued. Chief, Branch of Permits—International Members and members of the general Division of Management Authority. public who plan to attend the meeting ADDRESSES: Documents and other information submitted for this [FR Doc. 03–11945 Filed 5–13–03; 8:45 am] should contact Ms. Patti Roman, on or BILLING CODE 4310–55–P before Tuesday, June 3, 2003, via mail application are available for review, at NATEK Incorporated, 4200–G subject to the requirements of the Privacy Act and Freedom of Information Technology Court, Chantilly, Virginia DEPARTMENT OF THE INTERIOR 20151, or by telephone at (703) 818– Act, by any party who submits a written 7070, or via facsimile at (703) 818–0165, request for a copy of such documents to: Fish and Wildlife Service or via e-mail at [email protected]. U.S. Fish and Wildlife Service, Division This is necessary to be able to create and of Management Authority, 4401 North Issuance of Permit for Marine provide a current roster of visitors to Fairfax Drive, Room 700, Arlington, Mammals NETC Security per directives. Virginia 22203, telephone (703) 358– 2104 or fax (703) 358–2281. AGENCY: Fish and Wildlife Service, Security Procedures: Increased Interior. security controls and surveillance are in FOR FURTHER INFORMATION CONTACT: ACTION: effect at the National Emergency Division of Management Authority, Notice of issuance of permit for Training Center. All visitors must have telephone (703) 358–2104. marine mammals. a valid picture identification card and SUPPLEMENTARY INFORMATION: On April SUMMARY: The following permit was their vehicles will be subject to search 17, 2003, the U.S. Fish and Wildlife issued. by Security personnel. All visitors will Service (Service) issued a permit (PRT– ADDRESSES: be issued a visitor pass, which must be 070221) to the Cincinnati Zoo, Documents and other worn at all times while on campus. Cincinnati, Ohio, to import biological information submitted for this Please allow adequate time before the samples collected from bonobos (Pan application is available for review by meeting to complete the security paniscus) from Lola ya Bonobo any party who submits a written request process. sanctuary in the Democratic Republic of to the U.S. Fish and Wildlife Service, Conference Call Capabilities: If you Congo, for the purpose of scientific Division of Management Authority, are not able to attend in person, a toll research. The 30-day comment period 4401 North Fairfax Drive, Room 700, free number has been set up for required under the Endangered Species Arlington, Virginia 22203; fax (703) teleconferencing. The toll free number Act was waived pursuant to 16 U.S.C. 358–2281. will be available from 10:30 a.m. until 1539(c). The Service determined that an FOR FURTHER INFORMATION CONTACT: 4 p.m. Members should call in around emergency affecting the health and life Division of Management Authority, 10:30 a.m. The number is 1–800–320– of the remaining bonobos sanctuary telephone (703) 358–2104. 4330. The FICEMS conference code is population existed, and that no SUPPLEMENTARY INFORMATION: On March ‘‘10.’’ If you plan to call in, you should reasonable alternative was available to 3, 2003, a notice was published in the just enter the number ‘‘10’’—no need to the applicant for several reasons. Federal Register (68 FR 10026), that an hit any other buttons, such as the star The Cincinnati Zoo requested a application had been filed with the Fish or pound keys. permit to import multiple blood and Wildlife Service by Ricky H. FICEMS Meeting Minutes: Minutes of samples, tracheal washings, gastric Jackson for a permit (PRT–067142) to the meeting will be prepared and will be washings, urine, feces, hair and tissues import one polar bear (Ursus maritimus) available upon request 30 days after samples from all animals housed at the sport hunted from the Foxe Basin polar they have been approved at the next Lola ya Bonobo sanctuary in the bear population, Canada, prior to April FICEMS Committee Meeting on Democratic Republic of Congo for 30, 1994, for personal use. September 5, 2003. The minutes will emergency and ongoing health/disease Notice is hereby given that on April also be posted on the United States Fire evaluation purposes. Samples will be 17, 2003, as authorized by the Administration website at http:// utilized exclusively for diagnostic and provisions of the Marine Mammal www.usfa.fema.gov/ems/ficems.htm scientific purposes. The specimens will Protection Act of 1972, as amended (16 within 30 days after their approval at be used to run diagnostics tests to U.S.C. 1361 et seq.) the Fish and
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Wildlife Service issued the requested Exemptions: Persons who are exempt Southeast Quarter of the Northwest permit subject to certain conditions set from these rules include any Federal, Quarter (SE1⁄4NW1⁄4), The Southwest forth therein. State, or local officer or employee in the Quarter of the Northeast Quarter 1 1 Dated: April 25, 2003. scope of their duties, members of any (SW ⁄4NE ⁄4); Tax Lot ‘‘E’’ Except for the Michael S. Moore, organized rescue or fire-fighting force in West 700 Feet, Tax Lots ‘‘F and H, performance of an official duty, Except for the West 700 Feet of Section Senior Permit Biologist, Branch of Permits, Division of Management Authority. construction and contract workers, and Thirty Four (34); and Tax Lot ‘‘B’’ of any person authorized in writing by the Section Thirty Five (35), All in [FR Doc. 03–11944 Filed 5–13–03; 8:45 am] Bureau of Land Management. Township Eighty Five (85) North, Range BILLING CODE 4310–55–P Penalties: The authority for this Forty Seven (47) West of the 5th P.M., closure is found under section 303(a) of containing 472.77 acres in Monona DEPARTMENT OF THE INTERIOR the Federal Land Policy and County, Iowa. Management Act of 1976 (43 U.S.C. The above described acreage was Bureau of Land Management 1733(a)) and 43 CFR 8360.0–7. Any formed by accretion to land after the person who violates this closure may be land was selected by the State of Iowa [MT–072–03–1220–HB] tried before a United States Magistrate as swamplands and conveyed by the and fined no more than $1,000 or Notice of Temporary Area Closure of United States to that State, in imprisoned for no more than 12 months, Approximately 40 Acres by the Bureau accordance with the Act of September or both. Such violations may also be of Land Management (BLM) Butte Field 28, 1850, by the patent number 2, dated subject to the enhanced fines provided Office to All Public Uses of the Holter January 10, 1860 and patent number 7, for by 18 U.S.C. 3571. Lake, Log Gulch and Departure Point dated February 15, 1869. Accretion is Recreation Sites Located on Holter Dated: April 14, 2003. the gradual deposit of soil and other Lake Within Lewis and Clark County, Steven Hartmann, materials along the bank of a body of water adding to the riparian owner’s Montana While Reconstruction Is Assistant Field Manager. Underway land. If issued the proposed recordable [FR Doc. 03–12060 Filed 5–13–03; 8:45 am] disclaimer of interest will remove a AGENCY: Bureau of Land Management, BILLING CODE 4310–$$–P cloud on the title to the accreted land Interior. and will state that the United States ACTION: Notice of closure. DEPARTMENT OF THE INTERIOR does not have a valid interest in the accreted land. For a period of 90 days SUMMARY: Notice is hereby given that all Bureau of Land Management from the Federal Register publication public lands and roadways within the date of this notice, persons who wish to Holter Lake Recreation Site between [ES–930–5420–M082] comment or present an objection in April 28 and June 30, 2003, and all connection with the pending Notice of Application for Disclaimer of public lands and roadways within Log application and the proposed disclaimer Interest, Iowa Gulch and Departure Point Recreation may do so by writing Ida V. Doup, Sites between July 15 and October 31, AGENCY: Bureau of Land Management, Chief, Branch of Use Authorization, 2003 are closed to all public uses for Interior. Bureau of Land Management, Eastern reconstruction. Closure signs will be ACTION: Proposal to issue a disclaimer. States, 7450 Boston Boulevard, posted at main entry points to these Springfield, Virginia 22153. If no locations. Maps of the closure area and SUMMARY: Jeffrey L. Poulson has filed an objections are received, the disclaimer information on the reconstruction plans application on behalf of Fairview Farms, will be issued after 90-day period. may be obtained from the Butte Field A Partnership, claiming title to the Dated: May 6, 2003. Office. lands hereinafter described, for a Walter Rewinski, Reasons for this closure are to provide recordable disclaimer of interest from for the safety of the public, expedite the United States pursuant to the Acting State Director. construction work, and protect authority of Section 315 of the Federal [FR Doc. 03–12059 Filed 5–13–03; 8:45 am] construction equipment and materials. Land Management Act of 1976 (43 BILLING CODE 4310–75–P Authority for this closure is cited under U.S.C. 1745). 43 CFR, Subpart 8364. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE INTERIOR Prohibited Act: Under 43 CFR 8364.1, Regina Berry, Bureau of Land the Bureau of Land Management will Management, Eastern States, 7450 Bureau of Land Management enforce the following rule within the Boston Boulevard, Springfield, Virginia area known as Holter Lake Recreation 22153, 703–440–1547. Area: The public is not allowed within [MT010–1060–JJ] SUPPLEMENTARY INFORMATION: the area for any purpose. The public Bureau of [WY930–1060–JJ] lands affected by this closure are Land Management has tentatively administered by the BLM in T. 14 N., R. determined that the United States does Notice of Public Hearing on the Use of 3 W., Sec. 4, 14, and 23 P.M.M. not have any interest in the following Helicopters and Motor Vehicles To described land. The land is described Gather Wild Horses From Public Lands DATES: This closure will take effect May according to a private land survey, 14, 2003. in Montana and Wyoming. dated September 6, 1969, filed in the ADDRESSES: Closure area maps may be Office of the Clerk, County of Monona, AGENCY: Bureau of Land Management, obtained from the Butte Field Office, State of Iowa. Interior. 106 N. Parkmont, Butte, MT 59701. Tax Lot ‘‘C’’ of Section Twenty Six ACTION: Notice of public hearing date FOR FURTHER INFORMATION CONTACT: Brad (26); Tax Lot ‘‘E’’ of Section Twenty inviting comment on the use of Rixford, Butte Field Office, telephone Seven (27); Tax Lot ‘‘D’’ of Section helicopters and motor vehicles to gather (406) 533–7600. Thirty Three (33); The North Half of the and remove excess wild horses from SUPPLEMENTARY INFORMATION: Northeast Quarter (N1⁄2NE1⁄4), The public lands administered by the
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Bureau of Land Management in SUPPLEMENTARY INFORMATION: The ACTION: Notice of an extension of a Montana and Wyoming. Montana BLM completed the Pryor currently approved information Mountain Wild Horse Range collection (OMB Control Number 1010– SUMMARY: The Bureau of Land Environmental Assessment (EA) and 0135). Management (BLM) will conduct a Wild Horse Gather and Removal Plan on public hearing on the use of helicopters April 16, 2003. The Prior Mountain SUMMARY: To comply with the and motor vehicles to gather wild horses Wild Horse Range EA and associated Paperwork Reduction Act of 1995 from BLM-administered lands in the Plan are available for public review. (PRA), we are notifying the public that Pryor Mountain Wild Horse Range, Copies may be obtained from the above we have submitted to OMB an Montana. The hearing will be held at address or by accessing the BLM–MT information collection request (ICR) to the Bighorn Canyon National Recreation Web site at http://www.mt.blm.gov/bifo/ renew approval of the paperwork Area Visitor Center, in Lovell, whb/doc2.html. requirements in the regulations under Wyoming, on Thursday, June 26, 2003, The Wyoming BLM has completed the 30 CFR part 208—Surety Requirements. from 7 p.m. to 9 p.m. The Montana following EAs and Wild Horse Gather This notice also provides the public a Billings Field Office has scheduled wild and Removal Plans: second opportunity to comment on the horse gathering operations to begin no • EA for Wild Horse Gathering Inside paperwork burden of these regulatory earlier than July 7, 2003, and may and Outside Wild Horse Herd requirements. The ICR is titled ‘‘30 CFR continue through September 30, 2003. Management Areas and approved in the 208.11 (a), (b), (d), and (e)—Surety Concurrently, the Wyoming State Office Decision Record and Finding of No Requirements (Forms MMS–4071 and will conduct a public hearing on the use Significant Impact for Wild Horse MMS–4072).’’ of helicopters and motor vehicles to Gathering Inside and Outside Wild DATES: Submit written comments on or gather wild horses from all the BLM Horse Herd Management Areas, July 14, before June 13, 2003. Wyoming’s Herd Management Areas 1999, (WY–040–EA9–041). Also in the ADDRESSES: Submit written comments (HMAs). EA for Late Winter Gathering of Wild directly to the Office of Information and The Wyoming BLM proposes to Horses in the Rock Springs Field Office Regulatory Affairs, OMB, Attention: conduct gather operations using Area and approved in the Decision Desk Officer for the Department of the helicopters and motorized vehicles Record and Finding of No Significant Interior (OMB Control Number 1010– during the period starting July 15, 2003, Impact for the Late Winter Gathering of 0035), 725 17th Street, NW., through April 15, 2004. The 2003 Wild Horses in the Rock Springs Field Washington, DC 20503. Mail or hand- schedule of Wyoming gathers has not Office Area. February 16, 2001, (WY– carry a copy of your comments to been set, but will be scheduled based on 040–01–EA–019), Rock Springs Field Sharron L. Gebhardt, Regulatory priority needs. The Wyoming BLM will Office, Rock Springs, Wyoming; (307) Specialist, Minerals Management notify the public in advance of the 352–0256. Service, Minerals Revenue Management, gathering dates for its HMAs as they are • Maintaining Viable Populations of P.O. Box 25165, MS 320B2, Denver, determined. Wild Horses on Healthy Rangelands in Colorado 80225. If you use an overnight The Wild, Free Roaming Horse and the Adobe Town HMA in the Rawlins courier service, our courier address is Burro Act (Act), as amended (Pub. L. Field Office Jurisdiction (EA No. WY– Building 85, Room A–614, Denver 92–195) provides for the removal of 030–02–EA–007). January 2002, Rawlins Federal Center, Denver, Colorado 80225. excess wild horses from public land; Field Office, Rawlins, Wyoming; (307) You may also email your comments to and for the use of aircraft and motor 328–4200. us at [email protected]. Include vehicles by the BLM in all phases of the Copies of these EAs are available by the title of the information collection administration of the Act. The Code of request from the Field Office that and the OMB Control Number in the Federal Regulations at 43 CFR 4740.1 prepared the EA and plan or by ‘‘Attention’’ line of your comment. Also requires the BLM authorized officer to accessing the BLM–WY Web site at include your name and return address. conduct a public hearing in the area http://www.wy.blm.gov/wildhorses/ Submit electronic comments as an where such use of helicopters and docs.html. ASCII file avoiding the use of special characters and any form of encryption. motorized vehicles is to be made. The Dated: May 7, 2003. June 26, 2003, meeting in Lovell, If you do not receive a confirmation that Michael Madrid, Wyoming, will serve as the BLM’s we have received your email, contact required hearing addressing all HMAs Acting State Director. Ms. Gebhardt at (303) 231–3211. in the entire State. FOR FURTHER INFORMATION CONTACT: Dated: May 8, 2003. Sharron L. Gebhardt, telephone (303) ADDRESSES: Bureau of Land Eddie Bateson, 231–3211, FAX (303) 231–3781, email Management, Billings Field Office, Assistant Field Manager. [email protected]. You may Linda Coates-Markle, PO Box 36800, [FR Doc. 03–11976 Filed 5–13–03; 8:45 am] also contact Sharron Gebhardt to obtain 5001 Southgate Drive, Billings, Montana BILLING CODE 4310–DN–P; 4310–22–P a copy at no cost of the forms and 59107–6800 and Bureau of Land regulations that require the subject Management, Wyoming State Office, collection of information. Alan Shepherd, PO Box 1828, 5353 DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: Yellowstone Road, Cheyenne, Wyoming Title: 30 CFR 208.11(a), (b), (d), and 82003–1828. Minerals Management Service (e)—Surety Requirements. FOR FURTHER INFORMATION CONTACT: Agency Information Collection OMB Control Number: 1010–0135. Linda Coates-Markle, Montana BLM Activities: Submitted for Office of Bureau Form Numbers: Forms MMS– State Wild Horse and Burro Specialist, Management and Budget (OMB) 4071 and MMS–4072. telephone (406) 896–5013. Alan Review; Comment Request Abstract: The Department of the Shepherd, Wyoming BLM State Wild Interior (DOI) is responsible for matters Horse and Burro Program Lead, AGENCY: Minerals Management Service relevant to mineral resource telephone (307) 775–6097. (MMS), Interior. development on Federal and Indian
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lands and the Outer Continental Shelf the purchase of royalty oil will be submitted is protected, and there are no (OCS). The Secretary of the Interior awarded. Completed applications to questions of a sensitive nature included (Secretary) under the Mineral Leasing participate in the sale bid proposals, in this information collection. Act (30 U.S.C. 1923) and the Outer signed contracts, and surety instruments We have also changed the title of this Continental Shelf Lands Act (43 U.S.C. are submitted to MMS. ICR to clarify the regulatory language we 1353) is responsible for managing the The application must be complete and are covering under 30 CFR part 208. production of minerals from Federal timely filed, and applicants for royalty Frequency: On occasion. and Indian lands and the OCS, oil may be required to provide a surety Estimated Number and Description of collecting royalties from lessees who instrument with their bid package. This Respondents: 10 purchasers. produce minerals, and distributing the surety instrument may be a Letter of funds collected in accordance with Credit (Form MMS–4071) or a Royalty Estimated Annual Reporting and applicable laws. MMS performs the In Kind Contract Surety Bond (Form Recordkeeping ‘‘Hour’’ Burden: 10 royalty management functions for the MMS–4072), or other acceptable burden hours. Secretary. commercial surety. The following chart details the When the Secretary determines that MMS is requesting OMB’s approval to individual components and estimated sufficient need exists among small continue to collect this information. Not hour burdens. In calculating the refining companies to justify taking collecting this information would limit burdens, we assumed that respondents royalty oil in kind and offering this oil the Secretary’s ability to discharge his/ perform certain requirements in the for sale to eligible refiners, small her duties. Without the surety normal course of their activities. refiners may apply to participate in this protection, the government can lose Therefore, we consider these to be usual sale of Federal royalty oil and follow money if a refiner does not pay for oil and customary and took that into procedures under which contracts for he has received. Proprietary information account in estimating the burden.
RESPONDENT ANNUAL BURDEN HOUR CHART
Burden Annual Annual 30 CFR section Reporting requirement hours per number of burden response responses hours
208.11(a), (b), (d), and (e) ...... The eligible purchaser, prior to execution of the contract, shall fur- 1 10 10 nish an ‘‘MMS-specified surety instrument,’’ in an amount equal to the estimated value of royalty oil that could be taken by the purchaser in a 99-day period, plus related administrative charges * * * The purchaser or its surety company may elect not to renew the letter of credit at any monthly anniversary date, but must notify MMS of its intent not to renew at least 30 days prior to the anniversary date * * * The ‘‘MMS-specified surety instrument’’ shall be in the form specified by MMS instructions or approved by MMS. All surety instruments must be in a form ac- ceptable to MMS and must include such other specific require- ments as MMS may require adequately to protect the Govern- ment’s interests.
Total ...... 10 10
Estimated Annual Reporting and the burden of the proposed collection of Therefore, to ensure maximum Recordkeeping ‘‘Non-hour’’ Cost information; (c) enhance the quality, consideration, OMB should receive Burden: We have identified no ‘‘non- usefulness, and clarity of the public comments by June 13, 2003. hour’’ cost burdens. information to be collected; and (d) Public Comment Policy. We will post Public Disclosure Statement: The PRA minimize the burden on the all comments in response to this notice (44 U.S.C. 3501, et seq.) provides that an respondents, including the use of on our Web site at http:// agency may not conduct or sponsor, and automated collection techniques or www.mrm.mms.gov/Laws_R_D/InfoColl/ a person is not required to respond to, other forms of information technology. InfoColCom.htm. We will also make a collection of information unless it To comply with the public copies of the comments available for displays a currently valid OMB Control consultation process, we published a public review, including names and Number. notice in the Federal Register on addresses of respondents, during regular Comments: Section 3506(c)(2)(A) of December 3, 2002 (67 FR 71979), business hours at our offices in the PRA requires each agency ‘‘*** to announcing that we would submit this Lakewood, Colorado. Individual provide notice * * * and otherwise ICR to OMB for approval. The notice respondents may request that we consult with members of the public and provided the required 60-day comment withhold their home address from the affected agencies concerning each period. We received no comments in public record, which we will honor to proposed collection of information response to the notice. the extent allowable by law. There also ***.’’ Agencies must specifically If you wish to comment in response may be circumstances in which we solicit comments to: (a) Evaluate to this notice, you may send your would withhold from the rulemaking whether the proposed collection of comments to the offices listed under the record a respondent’s identity, as information is necessary for the agency ADDRESSES section of this notice. OMB allowable by law. If you request that we to perform its duties, including whether has up to 60 days to approve or withhold your name and/or address, the information is useful; (b) evaluate disapprove the information collection state this prominently at the beginning the accuracy of the agency’s estimate of but may respond after 30 days. of your comment. However, we will not
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consider anonymous comments. We cost, of the Notices to Lessees that programs resulting from ESA will make all submissions from require the subject collection of interagency consultations are designed organizations or businesses, and from information. to (1) detect adverse effects resulting individuals identifying themselves as SUPPLEMENTARY INFORMATION: from a proposed action, (2) assess the representatives or officials of Title: Notices to Lessees and actual level of incidental take in organizations or businesses, available Operators Numbers 2002–G07, 2003– comparison with the level of anticipated for public inspection in their entirety. G06, and 2003–G07. incidental take documented in the MMS Information Collection OMB Control Number: 1010–0154. biological opinion, (3) detect when the Clearance Officer: Jo Ann Lauterbach, Abstract: The Outer Continental Shelf level of anticipated take is exceeded, (202) 208–7744. (OCS) Lands Act, as amended (43 U.S.C. and (4) determine the effectiveness of Dated: April 10, 2003. 1331 et seq. and 43 U.S.C. 1801 et seq.), reasonable and prudent alternatives and their implementing terms and Cathy J. Hamilton, authorizes the Secretary of the Interior to prescribe rules and regulations to conditions. Acting Associate Director for Minerals To provide supplementary guidance administer leasing of the OCS. Such Revenue Management. and procedures, MMS issues Notices to rules and regulations will apply to all [FR Doc. 03–11948 Filed 5–13–03; 8:45 am] Lessees and Operators (NTLs) on a operations conducted under a lease. BILLING CODE 4310–MR–P regional or national basis. Regulation 30 Operations on the OCS must preserve, CFR 250.103 allows MMS to issue NTLs protect, and develop oil and natural gas to clarify, supplement, or provide more resources in a manner that is consistent DEPARTMENT OF THE INTERIOR detail about certain requirements. To with the need to make such resources implement the nondiscretionary terms Minerals Management Service available to meet the Nation’s energy and conditions of these biological needs as rapidly as possible; to balance Agency Information Collection opinions, the MMS issued three NTLs: orderly energy resource development • NTL 2002–G07 (Addendum 1)— Activities: Proposed Collection; with protection of human, marine, and Comment Request Implementation of Seismic Survey coastal environments; to ensure the Mitigation Measures AGENCY: Minerals Management Service public a fair and equitable return on the • NTL 2003–G06—Marine Trash and (MMS), Interior. resources of the OCS; and to preserve Debris Awareness and Elimination and maintain free enterprise • ACTION: Notice of extension of a NTL 2003–G07—Vessel Strike competition. currently approved information Avoidance and Injured/Dead Protected The Department of the Interior, MMS, collection (OMB Control Number 1010– Species Reporting as a Federal agency, has a continuing 0154). The MMS will use the information affirmative duty to comply with the collected to report annually to NOAA SUMMARY: To comply with the Endangered Species Act (ESA). This Fisheries the effectiveness of mitigation, Paperwork Reduction Act of 1995 includes a substantive duty to carry out any adverse effects of the proposed (PRA), we are inviting comments on a any agency action in a manner that is action, and any incidental take, in collection of information that we will not likely to jeopardize protected accordance with 50 CFR 402.14(i)(3). submit to the Office of Management and species as well as a procedural duty to The MMS engineers, geologists, Budget (OMB) for review and approval. consult with the FWS and NOAA geophysicists, environmental scientists, The information collection request (ICR) Fisheries before engaging in a and other Federal agencies (FWS, concerns the paperwork requirements discretionary action that may affect a NOAA Fisheries, etc.) also will analyze under the Endangered Species Act protected species. the information and data collected Biological Opinions, issued by the Fish The MMS follows these procedural under these NTLs to better evaluate the and Wildlife Service (FWS) and requirements by conducting formal potential impacts to listed species and National Oceanic and Atmospheric consultations with FWS and NOAA to plan operations in a manner that will Administration Fisheries (NOAA Fisheries prior to lease sales. further reduce and/or avoid adverse Fisheries) and is titled: ‘‘Notices to Consultations on OCS lease sales 181, impacts to protected species in the OCS. Lessees and Operators Numbers 2002– 184, and the 5-year multisale (2002– On March 26, 2003, the OMB G07, 2003–G06, and 2003–G07.’’ 2007) program in the Central and approved our request under emergency Western Planning Areas of the Gulf of processing procedures to collect the DATE: Submit written comments by July 14, 2003. Mexico resulted in no-jeopardy information required by these NTLs and biological opinions from the FWS and assigned OMB Control Number 1010– ADDRESSES: Mail or hand carry NOAA Fisheries. In their biological 0154. Emergency processing permits the comments to the Department of the opinions, NOAA Fisheries determined collection of information for 180 days. Interior; Minerals Management Service; that some activities associated with the This notice announces our intention to Attention: Rules Processing Team; Mail proposed action (lease sale and related request a 3-year extension for this Stop 4024; 381 Elden Street; Herndon, exploration, development, and information collection. As the programs Virginia 20170–4817. If you wish to e- production activities) may adversely in these NTLs develop further, MMS mail comments, the address is: affect (harm) sperm whales and sea acknowledges there may be some [email protected]. Reference turtles in the action area and that certain revisions to the collection of ‘‘Information Collection 1010–0154’’ in reasonable and prudent measures are information. MMS is now more fully your e-mail subject line and mark your necessary to minimize the potential for developing the observer training and message for return receipt. Include your incidental take of these animals. To be reporting programs associated with NTL name and return address in your exempt from the prohibitions of Section 2002–G07 (Addendum 1), message. 9 of the ESA (which prohibits taking Implementation of Seismic Survey FOR FURTHER INFORMATION CONTACT: listed species), MMS must implement Mitigation Measures, and with NTL Arlene Bajusz, Rules Processing Team and enforce nondiscretionary terms and 2003–G07, Vessel Strike Avoidance and (703) 787–1600. You may also contact conditions. The ESA also requires Injured/Dead Protected Species Arlene Bajusz to obtain a copy, at no monitoring and reporting. Monitoring Reporting. MMS is currently working
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with NOAA Fisheries to develop a under the Freedom of Information Act Estimated Reporting and training and network reporting program (5 U.S.C. 552) and its implementing Recordkeeping ‘‘Hour’’ Burden: The indicated in NTL 2003–G07. Therefore, regulations (43 CFR part 2) and under currently approved annual reporting with this submission, we are requesting regulations at 30 CFR parts 250, 251, burden for this collection is 310 hours. an extension of the approved collections and 252. No items of a sensitive nature The following chart details the and noting that we are revising details are collected. Responses are mandatory individual components and respective of the observer training programs and or required to obtain or retain a benefit. hour burden estimates of this ICR. In we are adding an experimental Frequency: On occasion and on the calculating the burdens, we assumed (voluntary) passive acoustic monitoring 1st and 15th of each month for the that respondents perform certain program. Consequently, these NTLs may marine mammal observation reports. requirements in the normal course of be reissued. Estimated Number and Description of their activities. We consider these to be We will protect information from Respondents: Approximately 130 usual and customary and took that into respondents considered proprietary Federal OCS lessees and operators. account in estimating the burden.
NTL number and name Reporting, posting, and recordkeeping requirement Hour burden
2002–G07 (Addendum 1) Seismic Sur- Marine mammal observation/reports (including observer, survey, sighting, shut- 1 hour/report. vey Mitigation Measures. down, and passive acoustic monitoring reports). 2003–G06 Marine Trash and Debris ...... Training certification recordkeeping ...... 1⁄2 hour/record. Post placards on vessels and structures. (Exempt from information collection bur- 0. den because MMS is providing exact language for the trash and debris warn- ing, similar to the ‘‘Surgeon General’s Warning’’ exemption.). 2003ÐG07 Vessel Strikes ...... Injured/dead protected species report ...... 1⁄2 hour/report.
Estimated Reporting and should describe the methods you use to organizations or businesses, and from Recordkeeping ‘‘Non-Hour Cost’’ estimate major cost factors, including individuals identifying themselves as Burden: We have identified no cost system and technology acquisition, representatives or officials of burdens for this collection. expected useful life of capital organizations or businesses, available Public Disclosure Statement: The PRA equipment, discount rate(s), and the for public inspection in their entirety. (44 U.S.C. 3501, et seq.) provides that an period over which you incur costs. MMS Information Collection agency may not conduct or sponsor a Capital and startup costs include, Clearance Officer: Jo Ann Lauterbach, collection of information unless it among other items, computers and (202) 208–7744. displays a currently valid OMB control software you purchase to prepare for Dated: May 5, 2003. number. Until OMB approves a collecting information, monitoring, and E.P. Danenberger, collection of information, you are not record storage facilities. You should not Chief, Engineering and Operations Division. obligated to respond. include estimates for equipment or Comments: Before submitting an ICR services purchased: (i) Before October 1, [FR Doc. 03–11965 Filed 5–13–03; 8:45 am] to OMB, PRA section 3506(c)(2)(A) 1995; (ii) to comply with requirements BILLING CODE 4310–MR–P requires each agency ‘‘* * * to provide not associated with the information notice * * * and otherwise consult collection; (iii) for reasons other than to with members of the public and affected provide information or keep records for DEPARTMENT OF JUSTICE agencies concerning each proposed the Government; or (iv) as part of Antitrust Division collection of information * * *’’. customary and usual business or private Agencies must specifically solicit practices. Noticed Pursuant to the National comments to: (a) Evaluate whether the We will summarize written responses Cooperative Research and Production proposed collection of information is to this notice and address them in our Act of 1993—DVD Copy Control necessary for the agency to perform its submission for OMB approval. As a Association (‘‘DVD CCA’’) duties, including whether the result of your comments, we will make information is useful; (b) evaluate the any necessary adjustments to the burden Notice is hereby given that, on April accuracy of the agency’s estimate of the in our submission to OMB. 4, 2003, pursuant to section 6(a) of the burden of the proposed collection of Public Comment Policy: Our practice National Cooperative Research and information; (c) enhance the quality, is to make comments, including names Production Act of 1993, 15 U.S.C. 4301 usefulness, and clarity of the and home addresses of respondents, et seq. (‘‘the Act’’), DVD Copy Control information to be collected; and (d) available for public review during Association (‘‘DVD CCA’’) has filed minimize the burden on the regular business hours. Individual written notifications simultaneously respondents, including the use of respondents may request that we with the Attorney General and the automated collection techniques or withhold their home address from the Federal Trade Commission disclosing other forms of information technology. record, which we will honor to the changes in its membership status. The Agencies must also estimate the ‘‘non- extent allowable by law. There may be notifications were filed for the purpose hour cost’’ burdens to respondents or circumstances in which we would of extending the Act’s provisions recordkeepers resulting from the withhold from the record a respondent’s limiting the recovery of antitrust collection of information. Therefore, if identity, as allowable by the law. If you plaintiffs to actual damages under you have costs to generate, maintain, wish us to withhold your name and/or specified circumstances. Specifically, and disclose this information, you address, you must state this Foryou General Electronics Co., Ltd., should comment and provide your total prominently at the beginning of your Guangdong, People’s Republic of China; capital and startup cost components or comment. However, we will not Futic Electronics Ltd., Hong Kong, Hong annual operation, maintenance, and consider anonymous comments. We Kong-China; GZ Digital Media, A.S., purchase of service components. You will make all submissions from Lodenice, Czech Republic; Jiangsu
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Syber Electronic Co., Ltd., Jiangsu, recovery of antitrust plaintiffs to actual National Cooperative Research and People’s Republic of China; Matrix damages under specified circumstances. Production Act of 1993, 15 U.S.C. 4301 Technology S.p.A., Peschiera Borromeo, Specifically, The Boeing Company, St. et seq. (‘‘the Act’’), VSI Alliance has Italy; Mirai Audio & Video Co., Ltd., Louis, MO; Endicott Interconnect filed written notifications Seoul, Republic of Korea; Shenzhen Technologies, Inc., Endicott, NY; Four simultaneously with the Attorney Paragon Industries (China) Rivers Associates, LLC, Mequon, WI; General and the Federal Trade Incorporation, Guangdong, People’s and General Electric Co., Cincinnati, OH Commission disclosing changes in its Republic of China; Stebbing Recording have been added as parties to this membership status. The notifications Centre Ltd., Auckland, New Zealand; venture. Also, CoCreate Software, Inc., were filed for the purpose of extending Taijin Media Co., Ltd., Seoul, Republic Ft. Collins, CO; Concurrent the Act’s provisions limiting the of Korea; Tanashin Denki Co., Ltd., Technologies Corporation, Johnstown, recovery of antitrust plaintiffs to actual Tokyo, Japan; and UL Tran Technology PA; Defense Modeling & Simulation, damages under specified circumstances. & Service Co., Taipei Hsien, Taiwan Alexandria, VA; Ferro Corporation, Specifically, Agere Systems, Inc., have been added as parties to this Washington, PA; Johnson Controls, Allentown, PA; ControlNet, Inc., venture. Plymouth, MI; Kestrel Aircraft Also, Jaton Computer Co., Ltd., Company, Norman, OK; Laser Fare, Campbell, CA; M-Techno Structure IT- Bangkok, Thailand has been dropped as Narragansett, RI; Masco Machine, Inc., Solution GmbH, Vienna, Austria; a party to this venture. In addition, Cleveland, OH; Perceptron, Plymouth, NewLogic Technologies AG, Lustenau, Nippon Columbia Co., Ltd. has changed MI; Precision Optical Manufacturing, Austria; Sanyo LSI Technology, India its name to Columbia Music Auburn Hills, MI; Sandia National PVT. Ltd., Bangalore, India; TaraCom Entertainment, Tokyo, Japan. Laboratory, Albuquerque, NM; Integrated Products, Inc., Sunnyvale, No other changes have been made in SeeBeyond Technology Corporation, CA; True Circuits, Inc., Los Altos, CA; either the membership or planned Monrovia, CA; Star Cutter Company, UMC, Hsin-Chu, Taiwan; and Kurt activity of the group research project. Farmington, MI; Sulzer Metco (US) Inc., Woodland (individual member), Morgan Membership in this group research Lawrence, MI; WebEx Inc., San Jose, Hill, CA have been added as parties to project remains open, and DVD CCA this venture. intends to file additional written CA; and West Virginia University, notification disclosing all changes in Morgantown, WV have been dropped as Also, Arasan Chip Systems, San Jose, membership. parties to this venture. CA; Axeon Ltd, Aberdeen, Scotland, On April 11, 2001, DVD CCA filed its No other changes have been made in United Kingdom; Conexant Spinco, Inc., original notification pursuant to Section either the membership or planned Newport Beach, CA; Lateral Sands, West activity of the group research project. 6(a) of the Act. The Department of Perth, Western Australia, Australia; Membership in this group research Justice published a notice in the Federal Timothy O’Donnell (individual project remains open, and The National Register pursuant to section 6(b) of the member), Los Gatos, CA; Robert Bosch Center for Manufacturing Sciences, Inc. Act on August 3, 2001 (66 FR 40727). GmbH, Reutlingen, Germany; Siroyan, The last notification was filed with intends to file additional written Ltd., Reading, United Kingdom; Thales the Department on January 6, 2003. A notification disclosing all changes in Group, Gennevilliers, France; TriMedia notice was published in the Federal membership. Register pursuant to section 6(b) of the On February 20, 1987, The National Technologies, Milpitas, CA; and WIS Act on February 11, 2003 (68 FR 6946). Center for Manufacturing Sciences, Inc. Technologies, San Jose, CA have been filed its original notification pursuant to dropped as parties to this venture. Constance K. Robinson, section 6(a) of the Act. The Department No other changes have been made in Director of Operations, Antitrust Division. of Justice published a notice in the either the membership or planned [FR Doc. 03–11954 Filed 5–13–03; 8:45 am] Federal Register pursuant to section activity of the group research project. BILLING CODE 4410–11–M 6(b) of the Act on March 17, 1987 (52 Membership in this group research FR 8375). project remains open, and VSI Alliance The last notification was filed with DEPARTMENT OF JUSTICE intends to file additional written the Department on November 27, 2002. notification disclosing all changes in A notice was published in the Federal Antitrust Division membership. Register pursuant to section 6(b) of the Act on December 27, 2002 (67 FR On November 29, 1996, VSI Alliance Notice Pursuant to the National filed its original notification pursuant to Cooperative Research and Production 79150). section 6(a) of the Act. The Department Act of 1993—the National Center for Constance K. Robinson, of Justice published a notice in the Manufacturing Sciences, Inc. Director of Operations, Antitrust Division. Federal Register pursuant to section Notice is hereby given that, on April [FR Doc. 03–11955 Filed 5–13–03; 8:45 am] 6(b) of the Act on March 4, 1997 (62 FR 16, 2003, pursuant to section 6(a) of the BILLING CODE 4410–11–M 9812). National Cooperative Research and The last notification was filed with Production Act of 1993, 15 U.S.C. 4301 the Department on January 13, 2003. A et seq. (‘‘the Act’’), The National Center DEPARTMENT OF JUSTICE notice was published in the Federal for Manufacturing Sciences, Inc. (‘‘NCMS’’) has filed written notifications Antitrust Division Register pursuant to section 6(b) of the Act on February 11, 2003 (68 FR 6947). simultaneously with the Attorney Notice Pursuant to the National General and the Federal Trade Cooperative Research and Production Constance K. Robinson, Commission disclosing changes in its Act of 1993—VSI Alliance Director of Operations, Antitrust Division. membership status. The notifications [FR Doc. 03–11956 Filed 5–13–03; 8:45 am] were filed for the purpose of extending Notice is hereby given that, on April the Act’s provisions limiting the 8, 2003, pursuant to section 6(a) of the BILLING CODE 4410–11–M
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DEPARTMENT OF JUSTICE electronic, mechanical, or other call. The meeting will begin at 1 p.m. technological collection techniques or and continue until conclusion of the Federal Bureau of Investigation other forms of information technology, Board’s agenda. e.g., permitting electronic submission of LOCATION: 750 First Street, NE, 11th Criminal Justice Information Services responses. Floor, Washington, DC 20002, in Room Division; Agency Information Overview of this information 11026. Collection Activities: Proposed collection: STATUS OF MEETING: Open. Collection; Comments Requested (1) Type of Information Collection: MATTERS TO BE CONSIDERED: Extension of a Currently Approved ACTION: 60-Day Notice of Information 1. Approval of the agenda. Collection. Collection Under Review: Extension of 2. Consider and act on Board of (2) Title of the Form/Collection: a Currently Approved Collection Return Directors’ Semi-Annual Report to Return A-Monthly Return of Offenses A-Monthly Return of Offenses Known to Congress for the period of October 1, Known to the Police and Supplement to the Police and Supplement to Return A- 2002–March 31, 2003. Return A-Monthly Return of Offenses Monthly Return of Offenses Known to 3. Consider and act on whether to Known to the Police. the Police. dissolve or reconstitute the working (3) Agency form number, if any, and group established on April 26, 2003 to the applicable component of the The Department of Justice (DOJ), FBI, study and report back to the Board on Department of Justice sponsoring the Criminal Justice Information Services how to proceed with the selection of a collection: Form Number: 4–927A and Division has submitted the following new LSC President and Inspector 4–919; Criminal Justice Services information collection request to the General. Office of Management and Budget Division, FBI, Department of Justice. 4. Consider and act on resolutions (OMB) for review and approval in (4) Affected public who will be asked thanking former Board members for accordance with the Paperwork or required to respond, as well as a brief their service. Reduction Act of 1995. The proposed abstract: Primary: Local and State Law 5. Consider and act on other business. information collection is published to Enforcement Agencies. This collection 6. Public comment. is needed to collect data regarding obtain comments from the public and FOR MORE INFORMATION CONTACT: criminal offenses and their respective Victor affected agencies. Comments are M. Fortuno, Vice President for Legal encouraged and will be accepted for clearances throughout the United States. Data is tabulated and published in the Affairs, General Counsel & Corporate ‘‘sixty days’’ until July 14, 2003. This Secretary, at (202) 336–8800. process is conducted in accordance with annual Crime in the United States. SPECIAL NEEDS: Upon request, meeting 5 CFR 1320.10. (5) An estimate of the total number of notices will be made available in If you have comments especially on respondents and the amount of time alternate formats to accommodate visual the estimated public burden or estimated for an average respondent to and hearing impairments. Individuals associated response time, suggestions, respond: There are approximately who have a disability and need an or need a copy of the proposed 16,971 agencies with 407,304 responses accommodation to attend the meeting information collection instrument with (including zero reports) at an average of may notify Elizabeth Cushing, at (202) instructions or additional information, 21 minutes a month devoted to 336–8800. please contact Gregory E. Scarbro, Unit compilation of data for this information Chief, FBI, Criminal Justice Information collection. Dated: May 12, 2003. Services Division (CJIS), Module E–3, (6) An estimate of the total public Victor M. Fortuno, 1000 Custer Hollow Road, Clarksburg, burden (in hours) associated with the Vice President for Legal Affairs, General West Virginia 26306, telephone (304) collection: There are approximately Counsel and Corporate Secretary. 625–4830 or facsimile (304) 625–3566. 142,556 hours annual burden associated [FR Doc. 03–12208 Filed 5–12–03; 3:23 pm] Request written comments and with this information collection. BILLING CODE 7050–01–P suggestions from the public and affected If additional information is required agencies concerning the proposed contact: Mr. Robert B. Briggs, collection of information are Department Clearance Officer, Policy NUCLEAR REGULATORY encouraged. Your comments should and Planning Staff, Justice Management COMMISSION address one or more of the following Division, United States Department of four points: Justice, Patrick Henry Building, Suite [Docket No. 50–261] (1) Evaluate whether the proposed 1600, 601 D Street, NW., Washington, DC 20530. Carolina Power and Light Company; H. collection of information is necessary B. Robinson Steam Electric Plant, Unit for the proper performance of the Dated: May 2, 2003. 2; Notice of Availability of the Draft functions of the agency, including Robert B. Briggs, Supplement 13 to the Generic whether the information will have Department Clearance Officer, United States Environmental Impact Statement and practical utility; Department of Justice. Public Meeting for the License (2) Evaluate the accuracy of the [FR Doc. 03–11928 Filed 5–13–03; 8:45 am] Renewal of H. B. Robinson Steam agencies estimate of the burden of the BILLING CODE 4410–02–M Electric Plant, Unit 2 proposed collection of information, including the validity of the Notice is hereby given that the U.S. methodology and assumptions used; LEGAL SERVICES CORPORATION Nuclear Regulatory Commission (the (3) Enhance the quality, utility, and Commission) has published a draft clarity of the information to be Sunshine Act Meeting of the Board of plant-specific supplement to the collected; and Directors Generic Environmental Impact (4) Minimize the burden of the Statement (GEIS), NUREG–1437, collection of information on those who TIME AND DATE: The Board of Directors regarding the renewal of operating are to respond, including through the of the Legal Services Corporation will license DPR–23 for an additional 20 use of appropriate automated, meet on May 19, 2003 via conference years of operation at H. B. Robinson
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Steam Electric Plant, Unit 2. H. B. GEIS and to accept public comments on NUCLEAR REGULATORY Robinson Steam Electric Plant, Unit 2 is the document. The public meeting will COMMISSION located in Darlington County, South be held on June 25, 2003, at Coker Carolina. Possible alternatives to the College in Davidson Hall, 300 East Advisory Committee on Reactor proposed action (license renewal) College Avenue, Hartsville, South Safeguards; Meeting of the ACRS include no action and reasonable Carolina. There will be two sessions to Subcommittee on Plant Operations; alternative energy sources. accommodate interested parties. The Notice of Meeting The draft supplement to the GEIS is first session will commence at 1:30 p.m. The ACRS Subcommittee on Plant available electronically for public and will continue until 4:30 p.m. The inspection in the NRC’s Public Operations meeting on June 10, 2003, second session will commence at 7 p.m. Region I, 475 Allendale Road, King of Document Room (PDR), located at One and will continue until 10 p.m. Both White Flint North, 11555 Rockville Pike Prussia, Pennsylvania. meetings will be transcribed and will The entire meeting will be open to (first floor), Rockville, Maryland, or include (1) a presentation of the from the Publicly Available Records public attendance. contents of the draft plant-specific (PARS) component of NRC’s The agenda for the subject meeting supplement to the GEIS, and (2) the Agencywide Documents Access and shall be as follows: Tuesday, June 10, opportunity for interested government Management System (ADAMS). ADAMS 2003—8:30 a.m. until the conclusion of is accessible from the NRC Web site at agencies, organizations, and individuals business. http://www.nrc.gov/reading-rm.html to provide comments on the draft report. The Subcommittee will hear (the Public Electronic Reading Room). Additionally, the NRC staff will host presentations by and hold discussion Persons who do not have access to informal discussions one hour prior to with representatives of the NRC Region ADAMS or who encounter problems in the start of each session at the same I staff and other interested persons accessing the documents located in location. No comments on the draft regarding matters related to plant and ADAMS, should contact the NRC’s PDR supplement to the GEIS will be accepted region operations. The Subcommittee Reference staff at 1–800–397–4209, during the informal discussions. To be will gather information, analyze (301) 415–4737, or by e-mail to considered, comments must be provided relevant issues and facts, and formulate [email protected]. In addition, the Hartsville either at the transcribed public meetings proposed positions and actions, as Memorial Library, located at 147 West or in writing, as discussed below. appropriate, for deliberation by the full College Avenue, Hartsville, South Persons may pre-register to attend or Committee. Carolina has agreed to make the draft present oral comments at the meeting by Members of the public desiring to supplement to the GEIS available for contacting Mr. Richard L. Emch, Jr. by provide oral statements and/or written public inspection. telephone at 1–800–368–5642, comments should notify the Designated Any interested party may submit extension 1590, or by e-mail at Federal Official, Ms. Maggalean W. comments on the draft supplement to [email protected] no later than June 20, 2003. Weston (telephone 301–415–3151) five the GEIS for consideration by the NRC Members of the public may also register days prior to the meeting, if possible, so staff. To be certain of consideration, to provide oral comments within 15 that appropriate arrangements can be comments on the draft supplement to minutes of the start of each session. made. Electronic recordings will be the GEIS and the proposed action must Individual oral comments may be permitted. be received by July 30, 2003. Comments limited by the time available, depending Further information regarding this received after the due date will be on the number of persons who register. meeting can be obtained by contacting considered if it is practical to do so, but If special equipment or accommodations the Designated Federal Official between the NRC staff is able to assure are needed to attend or present 8 a.m. and 5:30 p.m. (e.t.). Persons consideration only for comments information at the public meeting, the planning to attend this meeting are received on or before this date. Written need should be brought to Mr. Emch’s urged to contract the above named comments on the draft supplement to attention no later than June 20, 2003, to individual at least two working days the GEIS should be sent to: Chief, Rules provide the NRC staff adequate notice to prior to the meeting to be advised of any and Directives Branch, Division of determine whether the request can be potential changes to the agenda. Administrative Services, Office of accommodated. Dated: May 8, 2003. Administration, Mail Stop T–6D 59, Sher Bahadur, U.S. Nuclear Regulatory Commission, For Further Information Contact: Mr. Washington, DC 20555–0001. Richard L. Emch, Jr., License Renewal Associate Director for Technical Support, Comments may be hand-delivered to and Environmental Impacts Program, ACRS/ACNW. the NRC at 11545 Rockville Pike, Division of Regulatory Improvement [FR Doc. 03–11961 Filed 5–13–03; 8:45 am] Rockville, Maryland, between 7:45 a.m. Programs, U.S. Nuclear Regulatory BILLING CODE 7590–01–P and 4:15 p.m. on Federal workdays. Commission, Washington, DC 20555– Electronic comments may be submitted 0001. Mr. Emch may be contacted at the NUCLEAR REGULATORY to the NRC by e-mail at aforementioned telephone number or e- COMMISSION [email protected]. All comments mail address. received by the Commission, including Dated at Rockville, Maryland, this 5th day West Valley Citizen Task Force; Notice those made by Federal, State, and local of May, 2003. of Meeting agencies, Indian tribes, or other For the Nuclear Regulatory Commission. interested persons, will be made AGENCY: Nuclear Regulatory available electronically at the Pao-Tsin Kuo, Commission. Commission’s PDR in Rockville, Program Director, License Renewal and ACTION: Notice of meeting. Maryland, and from the PARS Environmental Impacts, Division of component of NRC’s ADAMS. Regulatory Improvement Programs, Office of SUMMARY: Representatives from the U.S. The NRC staff will hold a public Nuclear Reactor Regulation. Nuclear Regulatory Commission (NRC), meeting to present an overview of the [FR Doc. 03–11958 Filed 5–13–03; 8:45 am] U.S. Environmental Protection Agency draft plant-specific supplement to the BILLING CODE 7590–01–P (EPA), and New York State Department
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of Environmental Conservation requirements if they conclude they are ensure compliance with the (NYSDEC) will present information not in compliance, and (4) request that requirements contained in their TS in relating to the decommissioning of the addressees submit a safety assessment conjunction with 10 CFR part 50, West Valley site to the West Valley addressing any differences from the Appendix B, Citizen Task Force (CTF). This meeting NRC’s position regarding these (3) Request that addressees that is sponsored by the CTF. The meeting requirements. The NRC is seeking conclude they are not in compliance is open to the public and all interested comment from interested parties on the with the SG tube inspection parties may attend. clarity and utility of the proposed GL requirements contained in their TS in DATES: May 22, 2003, from 7 p.m. to under the SUPPLEMENTARY INFORMATION conjunction with 10 CFR part 50, 9:30 p.m. heading. The NRC will consider the Appendix B, propose plans for coming comments received in its final ADDRESSES: Ashford Office Complex, into compliance with these evaluation of the proposed GL. requirements, and 9030 Route 219, Ashford Hollow, New This Federal Register notice is (4) Request that addressees submit a York. available through the NRC’s safety assessment that addresses any FOR FURTHER INFORMATION CONTACT: Agencywide Documents Access and differences from the NRC’s position Chad Glenn, Mail Stop T7–F32, U.S. Management System (ADAMS) under regarding the requirements of the TS in Nuclear Regulatory Commission, accession number ML031270171. Washington, DC 20005–0001. conjunction with 10 CFR part 50, DATES: Comment period expires July 14, Appendix B. Telephone: (301) 415–6722; FAX: (301) 2003. Comments submitted after this 415–5398; Internet: [email protected]. date will be considered if it is practical Background Dated in Rockville, Maryland, this 7th day to do so, but assurance of consideration Steam generator tubes function as an of May, 2003. cannot be given except for comments integral part of the reactor coolant For the Nuclear Regulatory Commission. received on or before this date. pressure boundary (RCPB) and, in Claudia M. Craig, ADDRESSES: Submit written comments addition, serve to isolate radiological Chief, Facilities Decommissioning Section, to the Chief, Rules and Directives fission products in the primary coolant Division of Waste Management, Office of Branch, Division of Administrative from the secondary coolant and the Nuclear Material Safety and Safeguards. Services, Office of Administration, U.S. environment. For the purposes of this [FR Doc. 03–11959 Filed 5–13–03; 8:45 am] Nuclear Regulatory Commission, Mail generic letter, tube integrity means that BILLING CODE 7590–01–P Stop T6–D59, Washington, DC 20555– the tubes are capable of performing 0001, and cite the publication date and these functions in accordance with the page number of this Federal Register plant licensing basis, including NUCLEAR REGULATORY notice. Written comments may also be applicable regulatory requirements. COMMISSION delivered to NRC Headquarters, 11545 Title 10 of the Code of Federal Rockville Pike (Room T–6D59), Proposed Generic Communication; Regulations (10 CFR) establishes the Rockville, Maryland, between 7:30 a.m. fundamental regulatory requirements Requirements for Steam Generator and 4:15 p.m. on Federal workdays. Tube Inspections with respect to the integrity of the SG FOR FURTHER INFORMATION CONTACT: Paul tubing. Specifically, the general design AGENCY: Nuclear Regulatory Klein at (301) 415–4030 or by E-mail to criteria (GDC) in Appendix A to 10 CFR Commission. [email protected]. part 50 state that the RCPB shall be ACTION: Notice of opportunity for public SUPPLEMENTARY INFORMATION: ‘‘designed, fabricated, erected, and comment. NRC Generic Letter 2003–XX: tested so as to have an extremely low Requirements for Steam Generator probability of abnormal leakage * * * SUMMARY: The U.S. Nuclear Regulatory Tube Inspections and of gross rupture’’ (GDC 14), Commission (NRC) is proposing to issue ‘‘designed, fabricated, erected, and a generic letter (GL) to (1) advise all Addressees tested to the highest quality standards holders of operating licenses for All holders of operating licenses for practical’’ (GDC 30), and ‘‘designed to pressurized-water reactors (PWRs), pressurized-water reactors (PWRs), permit periodic inspection and testing except those who have permanently except those who have permanently * * * to assess * * * structural and ceased operations and have certified ceased operations and have certified leaktight integrity’’ (GDC 32). (There are that fuel has been permanently removed that fuel has been permanently removed similar requirements in the licensing from the reactor vessel, that the NRC’s from the reactor vessel. basis for plants licensed prior to 10 CFR interpretation of technical specification part 50, Appendix A.) Purpose (TS) requirements in conjunction with Given the importance of SG tube Appendix B to part 50 of title 10 of the The U.S. Nuclear Regulatory integrity, all current PWR licensees have Code of Federal Regulations (10 CFR Commission (NRC) is issuing this TS governing the surveillance of SG part 50) raises questions as to whether generic letter to tubes. These TS typically do not steam generator (SG) tube inspection (1) Advise addressees that the NRC’s prescribe non-destructive test methods practices ensure compliance with these interpretation of the technical for conducting tube inspections or requirements, (2) request that specification (TS) requirements in specify where a particular methodology addressees submit a description of the conjunction with 10 CFR part 50, should be used. For example, current TS tube inspections performed at their Appendix B, raises questions whether may employ the following or similar plants, including an assessment of certain licensee steam generator (SG) nonspecific language: whether these inspections ensure tube inspection practices ensure Tube inspection for tubes selected in compliance with the requirements compliance with these requirements, accordance with Table [xxxx] means an contained in their TS in conjunction (2) Request that addressees submit a inspection of the steam generator tube from with 10 CFR part 50, Appendix B, (3) description of the tube inspections the point of entry (hot leg side) completely request that addressees propose plans performed at their plants, including an around the U-bend to the top support of the for coming into compliance with these assessment of whether these inspections cold leg, excluding sleeved areas.
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The surveillance requirements do, CFR part 50, Appendix B, requires in cracks to exist in the tubing below the however, specify acceptance limits for part that nondestructive testing is to be zone inspected with the specialized SG tubes (often called plugging or repair accomplished by qualified personnel probe. However, each licensee also limits). The surveillance requirements using qualified procedures in performed an analysis indicating that seek to ensure that enough information accordance with applicable criteria. The circumferential cracks below the zone is obtained about imperfections (flaws) bobbin probe has not been qualified for being inspected would not be in the tubes to determine if TS plugging and is not capable of reliably detecting detrimental to tube structural and limits are being met. Tube imperfections axial or circumferential cracks in the leakage integrity. These licensees are defined in the TS and include expanded region of tubing inside the concluded, therefore, that inspections circumferential and axial cracks. tubesheet; however, specialized probes for circumferential cracks with the SG tube inspections are also subject to are available which have been qualified specialized probe were unnecessary the quality assurance requirements of 10 for this application. below the zone already inspected with CFR part 50, Appendix B. Specifically, As a result of these limitations, the the probe. These analyses had not been SG tube inspections must be performed industry practice is to supplement the provided to the NRC staff. in accordance with Criterion IX of 10 bobbin probe inspection with The staff became aware of these CFR part 50, Appendix B, which inspections by specialized probes, such activities during the licensees’ SG requires that ‘‘measures shall be as the rotating pancake coil or plus inspections conducted during refueling established to assure that special point probe, that are qualified for and outages and asked the licensees to processes, including welding, heat capable of detecting degradation that is submit TS amendment requests or safety treating, and nondestructive testing, are not detectable with the bobbin probe. analyses to obtain NRC approval of their controlled and accomplished by However, inspecting tubes with these inspection approaches. The staff qualified personnel using qualified specialized probes is slower than with reviewed the resulting submittals on a procedures in accordance with the bobbin probe. Therefore, these slow- one-cycle basis before the plants applicable codes, standards, speed probes are typically not applied restarted. Subsequent to these plant- specifications, criteria, and other special over the entire length of a tube that is specific actions, the staff evaluated the requirements.’’ subject to inspection, but only at tube appropriate method to interact with Licensees currently employ an eddy locations where degradation which licensees on this issue. Given the current test bobbin probe, at least, to cannot be detected with the bobbin potentially generic nature of the issue, inspect the entire length of tubing probe (e.g., circumferential cracks, axial the staff decided to communicate this required by the TS. The bobbin probe is cracks in U-bends and expansion issue to addressees through issuance of a high-speed probe which the industry transitions) is known to be present or this generic letter. has demonstrated to be qualified for and considered to have a potential to occur. Discussion capable of detecting volumetric flaws This practice involves a degree of and axially oriented cracks in the engineering judgment to determine the In the aforementioned instances, tube absence of significant masking signals. locations in which potential degradation inspections with a specialized probe Masking signals may be produced by mechanisms may exist that could lead near the top of the tubesheet clearly tube geometry variations or to degradation that is not detectable indicated the potential for irregularities along the tube axis (such using a bobbin probe. The EPRI Steam circumferential cracks to occur deeper as small-radius U-bends, dents and Generator Examination Guidelines into the tubesheet beyond the region dings, and expansion transitions) or by provide guidance on assessing the inspected with the specialized probes. tube surface irregularities. Masking potential for degradation to occur at In each instance the licensee was aware signals can also be produced by deposits various locations. of the potential for such cracks to exist on the tube surface, adjacent support In 2002, the staff learned of several deeper into the tubesheet, but the structures (such as the tubesheet), probe instances in which licensees were not licensee did not employ techniques wobble, cold working, permeability fully implementing inspection methods qualified for detecting such cracks based variations, or electrical noise. capable of detecting circumferentially on the licensee’s analysis that such While the bobbin probe generally oriented cracks at all locations where cracks did not have safety implications. provides an effective means of SG tube the potential for such cracks exists and The staff acknowledges that there may inspection over much of the tube length, where, based on available evidence, be circumstances under which certain experience has shown that the bobbin there is reason to believe such cracks flaws at certain locations may not pose probe may not be effective at locations may be present. These licensees were a safety concern. However, it is the where significant masking signals are conducting full-length bobbin probe staff’s position that pending the present. In addition, the bobbin probe inspections of the tubes, and were submission of a license amendment generally cannot detect circumferential performing additional inspections using request clarifying the acceptability of a cracks. Circumferential cracks can occur specialized probes to inspect for axial more limited inspection approach, at locations of high axial stress (e.g., and circumferential cracks at certain licensees are required under existing small-radius U-bends and the tubesheet locations, including the tube expansion requirements (TS in conjunction with expansion region). transitions near the top of the tubesheet. 10 CFR part 50, Appendix B) to employ Plant TS for virtually all PWRs The licensees conducted the specialized inspection techniques capable of require inspection of the entire length of probe inspections at the tube expansion detecting all flaw types which may hot leg tubing within the tubesheet. transitions in an area that extended from potentially be present at locations With some exceptions where specified 2 inches above the top of the tubesheet which are required to be inspected in the plant TS, the acceptance limits to about 5 inches below the top of the pursuant to the TS. The staff is (plugging limits) for these inspections tubesheet. At several facilities, concerned that in instances similar to apply to all imperfections along the full circumferential cracks were identified at those cited above, failure to expand the length of the tube in the tubesheet on tube expansion transitions, as well as scope of the specialized probe the hot leg side, including axial and below the transitions near the bottom of inspection deeper into the tubesheet to circumferential cracks. Criterion IX, the zone being inspected. These results detect cracks likely to be present poses ‘‘Control of Special Processes,’’ of 10 indicate a potential for circumferential a potential compliance issue with
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respect to the plant TS in conjunction compliance with their TS in the entire length of tubing required to be with 10 CFR part 50, Appendix B. conjunction with Criterion IX of 10 CFR inspected per the TS (i.e., discuss In addition, the staff notes that not part 50, Appendix B with regard to the whether the techniques employed inspecting for cracks with qualified inspections they are performing. This during the tube inspections ensured procedures in the lower regions of the concern stems, in part, from the flaws could be detected such that the tubesheet would allow any such cracks experience with some addressees plugging or repair limits could be to remain in place. However, most plant relying on licensee controlled analyses implemented). TS state that only tubes with to limit the scope and therefore the 2. If addresses conclude that full imperfections less than 40 percent of the repair or plugging of defective SG tubes compliance with the TS in conjunction nominal tube wall thickness are contrary to the requirements in the TS with Criterion IX of 10 CFR part 50, acceptable for continued service (there in conjunction with Criterion IX of 10 Appendix B, requires corrective actions are exceptions specified in some plant CFR part 50, Appendix B, which to be taken, they should discuss their TS). While it is not known whether any contains no provisions for limiting the proposed corrective actions (e.g., such cracks actually exist, the staff notes inspections in this manner. It is the changing inspection practices consistent that the acceptance or plugging limit for staff’s position that pending a license with the NRC’s position, or submitting SG tube inspections is a specific amendment clarifying the inspection a TS amendment request with the technical specification limit that can approach to be followed, licensees are associated safety basis for limiting the only be changed through the license required to employ inspection methods inspections). If addressees choose to amendment process. capable of detecting all flaw types change their TS, the staff has included Also, for the instances cited above, which may potentially be present at in Attachment 1 suggested changes to the safety basis developed by the locations which are required to be the TS definitions for a tube inspection licensees for not expanding the scope of inspected pursuant to the TS, as set and for plugging limits to show what the specialized probe inspection beyond forth above. may be acceptable to the staff in cases a specific distance (x-inches) into the Based on these staff concerns, the where the extent of the inspection in the tubesheet was that any cracks below NRC is issuing this generic letter, tubesheet region is limited. that distance were not detrimental to consistent with the requirements in 10 3. For plants where SG tube tube integrity. This was based on CFR 50.54(f) to obtain information inspections have not been or are not analyses indicating that tubes only necessary for the staff to determine if being performed consistent with the needed a minimum embedment of x- addressees are in compliance with the NRC’s position on the requirements inches into the tubesheet to exhibit technical specifications in conjunction contained in the TS in conjunction with acceptable structural and accident with 10 CFR part 50, Appendix B. In Criterion IX of 10 CFR part 50, leakage integrity. These analyses have addition, licensees who have not been Appendix B, the licensee should submit been performed to demonstrate that implementing inspections consistent a safety assessment that addresses any cracks below this embedment distance with the staff’s position should submit differences relative to the NRC’s do not impair SG tube integrity, even if a safety assessment that demonstrates position (i.e., submit the safety basis for these cracks cause complete severance their ability to ensure continued safe not employing inspection methods of the tube. According to plant final operation and addresses any differences capable of detecting specific flaw types safety analysis reports (FSARs), the SGs relative to the staff’s position. at specific locations where these flaw were designed in accordance with For licensees that cannot demonstrate types may potentially occur and where section III of the American Society of continued compliance with the TS in a tube inspection is required by the TS), Mechanical Engineers (ASME) Code. In conjunction with 10 CFR part 50, and include an evaluation of whether accordance with section III of the Code, Appendix B, owners group involvement this safety assessment constitutes a the original design basis pressure in the development of standard or change to the ‘‘method of evaluation’’ boundary for the tube-to-tubesheet joint generic approaches to this issue, (as defined in 10 CFR 50.59) for included the tube and tubesheet including TS and associated Bases establishing the structural and leakage extending down to and including the wording, could be helpful from the integrity of the joint. Licensees should tube-to-tubesheet weld. The criteria of standpoint of minimizing resource also determine whether a license section III of the ASME Code constitute impacts for both licensees and the staff. amendment is necessary pursuant to 10 the ‘‘method of evaluation’’ for the CFR 50.59. design basis. In the event licensees are Requested Information using a different ‘‘method of evaluation’’ Within 30 days of the date of this Required Response for assessing the steam generator generic letter, addressees are requested In accordance with 10 CFR 50.54(f), pressure boundary, an evaluation under to provide to the NRC the following addressees are required to submit 10 CFR 50.59 would determine whether information: written responses to this generic letter. a license amendment is required in 1. Addressees should provide a Two options are available: these cases. description of the SG tube inspections (a) Addressees may choose to submit In summary, for the cases discussed performed at their plant during the last written responses providing the above, the TS required a tube inspection inspection. In addition, addressees information requested above within the for the full length of the tube within the should provide an assessment of how requested time period. tubesheet (scope), and the findings from the tube inspections performed at their (b) Addressees who cannot meet the this inspection were required to be plant meet the requirements of the TS requested completion date are required evaluated against a repair (plugging) in conjunction with Criterion IX of 10 to notify the NRC in writing as soon as criteria. Neither the scope nor the repair CFR part 50, Appendix B, if they are not possible but no later than 30 days from criteria in the TS contained provisions using SG tube inspection methods with the date of this generic letter. The for limiting the inspections through a capabilities consistent with the NRC’s responses must address any alternative licensee controlled analysis. position. This assessment should also course of action proposed, including the Based on these instances, the NRC address whether the tube inspection basis for the acceptability of the cannot conclude that addressees that are practices ensured that the tube plugging proposed alternative course of action, using such an approach remain in or repair limits were implemented for the basis for finding that the SGs remain
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operable, and the schedule when the including the time for reviewing tubesheet, whichever is lower, completely requested information will be instructions, searching existing data around the U-bend to the top support of the submitted. sources, gathering and maintaining the cold leg. The required written response should data needed, and completing and Documents may be examined, and/or be addressed to the U.S. Nuclear copied for a fee, at the NRC’s Public reviewing the collection of information. Document Room at One White Flint North, Regulatory Commission, ATTN: The U.S. Nuclear Regulatory 11555 Rockville Pike (first floor), Rockville, Document Control Desk, 11555 Commission is seeking public comment Maryland. Publicly available records will be Rockville Pike, Rockville, Maryland on the potential impact of the collection accessible electronically from the 20852, under oath or affirmation under of information contained in the generic Agencywide Documents Access and the provisions of section 182a of the letter and on the following issues: Management System (ADAMS) Public Atomic Energy Act of 1954, as amended, (1) Is the proposed collection of Electronic Reading Room on the Internet at and 10 CFR 50.54(f). In addition, submit information necessary for the proper the NRC Web site, http://www.nrc.gov/NRC/ a copy of the response to the performance of the functions of the ADAMS/index.html. If you do not have appropriate regional administrator. NRC, and will the information have access to ADAMS or if you have problems in accessing the documents in ADAMS, contact practical utility? Reasons for Requested Information the NRC Public Document Room (PDR) (2) Is the estimate of burden accurate? reference staff at 1–800–397–4209 or 301– This generic letter requests that (3) Is there a way to enhance the 415–4737 or by e-mail to [email protected]. addressees submit information. The quality, utility, and clarity of the requested information will enable the information to be collected? Dated in Rockville, Maryland, this 8th day NRC staff to make a determination as to (4) How can the burden of the of May, 2003. whether licensees are implementing SG collection of information be minimized? For the Nuclear Regulatory Commission. tube inspections in accordance with Can automated collection techniques be William D. Beckner, applicable requirements. In cases where used? Program Director, Operating Reactor licensees are not implementing Send comments regarding this burden Improvements, Division of Regulatory inspections in such a manner, the estimate or on any other aspect of these Improvement Programs, Office of Nuclear requested information will allow the information collections, including Reactor Regulation. staff to make a determination as to the suggestions for reducing the burden, to [FR Doc. 03–11960 Filed 5–13–03; 8:45 am] adequacy of the licensee’s inspection the Information and Records BILLING CODE 7590–01–P program and compliance of the Management Branch (T–6 E6), U.S. licensee’s program relative to existing Nuclear Regulatory Commission, requirements (the plant TS in Washington, DC 20555–0001, or by SECURITIES AND EXCHANGE conjunction with 10 CFR part 50, Internet electronic mail to COMMISSION Appendix B). [email protected]; and to the Desk Officer, Office of Information and Existing Collection; Comment Request Backfit Discussion Regulatory Affairs, NEOB–10202 (3150– Under the provisions of section 182a 0011), Office of Management and Upon Written Request, Copies Available of the Atomic Energy Act of 1954, as Budget, Washington, DC 20503. From: Securities and Exchange amended, and 10 CFR 50.54(f), this Commission, Office of Filings and Public Protection Notification generic letter transmits an information Information Services, Washington, DC request for the purpose of verifying The NRC may not conduct or sponsor, 20549. compliance with applicable existing and a person is not required to respond Extension: requirements. Specifically, the to, a collection of information unless it Rule 11a–3 [17 CFR 270.11a–3] SEC requested information will enable the displays a currently valid OMB control File No. 270–321 OMB Control No. NRC staff to determine whether number. 3235–0358. applicable requirements (plant TS in If you have any questions about this Notice is hereby given that pursuant conjunction with 10 CFR part 50, matter, please contact one of the persons to the Paperwork Reduction Act of 1995 Appendix B) are being met. No backfit listed below or the appropriate Office of [44 U.S.C. 3501–3520], the Securities is either intended or approved in the Nuclear Reactor Regulation (NRR) and Exchange Commission context of issuance of this generic letter. project manager. (‘‘Commission’’) is soliciting comments Therefore, the staff has not performed a on the collections of information backfit analysis. Attachments: 1. Sample Changes to the TS summarized below. The Commission for Plants Limiting Inspections in the plans to submit this existing collection Federal Register Notification Tubesheet Region of information to the Office of To be done after the public comment Attachment 1 Management and Budget (‘‘OMB’’) for period. Sample Changes to the TS for Plants Limiting extension and approval. Inspections in the Tubesheet Region Rule 11a–3 under the Investment Paperwork Reduction Act Statement Plugging Limit means the imperfection Company Act of 1940 [17 CFR 270.11a– This generic letter contains depth at or beyond which the tube shall be 3] is an exemptive rule that permits information collections that are subject removed from service and is equal to 40% of open-end investment companies to the Paperwork Reduction Act of 1995 the nominal tube wall thickness. All tubes (‘‘funds’’), other than insurance (44 U.S.C. 3501 et seq.). These with degradation in the portion of the tube company separate accounts, and funds’ information collections were approved from x-inches below the bottom of the principal underwriters, to make certain by the Office of Management and expansion transition or the top of the exchange offers to fund shareholders Budget (OMB), control number 3150– tubesheet to the bottom of the expansion and shareholders of other funds in the transition or the top of the tubesheet, 0011, which expires on January 31, whichever is lower, shall be removed from same group of investment companies. 2004. service. The rule requires a fund, among other The burden to the public for these Tube Inspection means an inspection of things, (i) to disclose in its prospectus information collections is estimated to the steam generator tube from x-inches below and advertising literature the amount of average 60 hours per response, the hot-leg expansion transition or the top of any administrative or redemption fee
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imposed on an exchange transaction, (ii) information has practical utility; (b) the Small Business issuers use Form SB– if the fund imposes an administrative accuracy of the Commission’s estimate 1, as defined in Rule 405 of the fee on exchange transactions, other than of the burden[s] of the collection of Securities Act of 1933 (‘‘Securities Act’’) a nominal one, to maintain and preserve information; (c) ways to enhance the to register up to $10 million of securities records with respect to the actual costs quality, utility, and clarity of the to be sold for cash, if they have not incurred in connection with exchanges information collected; and (d) ways to registered more than $10 million in for at least six years, and (iii) give the minimize the burden of the collection of securities offerings in any continuous fund’s shareholders a sixty day notice of information on respondents, including 12-month period, including the a termination of an exchange offer or through the use of automated collection transaction being registered. The any material amendment to the terms of techniques or other forms of information information to be collected is intended an exchange offer (unless the only technology. Consideration will be given to ensure the adequacy of information material effect of an amendment is to to comments and suggestions submitted available to investors in the registration reduce or eliminate an administrative in writing within 60 days of this of securities and assures public fee, sales load or redemption fee payable publication. availability. Approximately 17 at the time of an exchange). Please direct your written comments respondents filed Form SB–1 during the The rule’s requirements are designed to Kenneth A. Fogash, Acting Associate last fiscal year at an estimated 177 hours to protect investors against abuses Executive Director/CIO, Office of per response for a total annual burden associated with exchange offers, provide Information Technology, Securities and of 12,036 hours. It is estimated that 25% fund shareholders with information Exchange Commission, Mail Stop 0–4, of the total burden (3,009 hours) is necessary to evaluate exchange offers 450 5th Street, NW., Washington, DC prepared by the company. and certain material changes in the 20549. Written comments are invited on: (a) terms of exchange offers, and enable the Dated: May 7, 2003. Whether these proposed collections of Commission staff to monitor funds’ use information are necessary for the proper Margaret H. McFarland, of administrative fees charged in performance of the functions of the connection with exchange transactions. Deputy Secretary. agency, including whether the There are approximately 3,075 funds [FR Doc. 03–11993 Filed 5–13–03; 8:45 am] information will have practical utility; registered with the Commission as of BILLING CODE 8010–01–P (b) the accuracy of the agency’s estimate December 31, 2002. The staff estimates of the burden of the collection of that one-quarter of these funds imposes information collection information; (c) a non-nominal administrative fee on SECURITIES AND EXCHANGE ways to enhance the quality, utility, and exchange transactions, and that the COMMISSION clarity of the information collected; and recordkeeping requirement of the rule (d) ways to minimize the burden of the requires approximately one hour Proposed Collection; Comment Request collection of information on annually of clerical time (at an respondents, including through the use estimated $16 per hour) per fund, for a Upon Written Request, Copies Available of automated collection techniques or total of 768.75 hours for all funds (at a From: Securities and Exchange other forms of information technology. total annual cost of $12,300). The staff Commission, Office of Filings and Consideration will be given to estimates that one-quarter of the 3,075 Information Services, Washington, DC comments and suggestions submitted in funds terminates an exchange offer or 20549. writing within 60 days of this makes a material change to its terms Extension: publication. once each year, and that the notice Regulation C; OMB Control No. 3235– Please direct your written comments requirement of the rule requires 0074; SEC File No. 270–068. to Kenneth A. Fogash, Acting Associate approximately one hour of professional Form SB–1; OMB Control No. 3235– Executive Director/CIO, Office of time (at an estimated $60 per hour) and Information Technology, Securities and two hours of clerical time (at an 0423; SEC File No. 270–374. Notice is hereby given that pursuant Exchange Commission, 450 fifth Street, estimated $16 per hour) per fund, for a NW., Washington, DC 20549. total of approximately 2306.25 hours for to the Paperwork Reduction Act of 1995 all funds (at a total annual cost of (44 U.S.C. 3501 et seq.) the Securities Dated: May 7, 2003. $70,725). The burdens associated with and Exchange Commission Margaret H. McFarland, the disclosure requirement of the rule (‘‘Commission’’) is soliciting comments Deputy Secretary. are accounted for in the burdens on the collections of information [FR Doc. 03–11997 Filed 5–13–03; 8:45 am] associated with the Form N–1A summarized below. The Commission BILLING CODE 8010–01–P registration statement for funds. plans to submit these existing The estimate of average burden hours collections of information to the Office is made solely for the purposes of the of Management Budget for extension SECURITIES AND EXCHANGE Paperwork Reduction Act, and is not and approval. COMMISSION derived from a comprehensive or even Regulation C provides standard [Release No. 35–27676] a representative survey or study of the instructions to guide persons when costs of Commission rules and forms. filing registration statements under the Filings Under the Public Utility Holding An agency may not conduct or sponsor, Securities Act of 1933. The information Company Act of 1935, as Amended and a person is not required to respond collected is intended to ensure the (‘‘Act’’) to, a collection of information unless it adequacy of information available to displays a currently valid control investors in the registration of May 8, 2003. number. securities. Regulation C is assigned one Notice is hereby given that the Written comments are requested on: burden hour for administrative following filing(s) has/have been made (a) Whether the collection of convenience because the regulation with the Commission pursuant to information is necessary for the proper simply prescribes the disclosure that provisions of the Act and rules performance of the functions of the must appear in other filings under the promulgated under the Act. All Commission, including whether the federal securities laws. interested persons are referred to the
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application(s) and/or declaration(s) for subsidiary of UniSource (referred to as and engage in development activities complete statements of the proposed the ‘‘HoldCo Structure’’). In the event relating to technologies that provide transaction(s) summarized below. The that the HoldCo Structure is employed, pricing and other related services to application(s) and/or declaration(s) and it is requested that HoldCo be deemed consumers for a wide variety of any amendment(s) is/are available for to be an additional applicant in this products, including utility services. public inspection through the proceeding and that the Commission’s TEP is subject to regulation by the Commission’s Branch of Public order granting UniSource an exemption Arizona Corporation Commission Reference. under section 3(a)(1) of the Act also (‘‘ACC’’) with respect to retail electric Interested persons wishing to grant HoldCo an exemption. rates, the issuance of securities, affiliate comment or request a hearing on the UniSource Energy owns substantially transactions, the maintenance of books application(s) and/or declaration(s) all of the issued and outstanding and records, and other matters and by should submit their views in writing by common stock of Tucson Electric Power the Federal Energy Regulatory June 2, 2003, to the Secretary, Securities Company (‘‘TEP’’), an Arizona Commission (‘‘FERC’’) with respect to and Exchange Commission, corporation, which provides electric wholesale electric rates and electric Washington, DC 20549–0609, and serve utility service to over 355,000 customers transmission service. a copy on the relevant applicant(s) and/ in a 1,155 square-mile area of For the twelve months ended or declarant(s) at the address(es) southeastern Arizona having a December 31, 2002, UniSource Energy specified below. Proof of service (by population of approximately 891,000, reported consolidated operating affidavit or, in the case of an attorney at and two direct nonutility subsidiaries, revenues of $856 million, more than law, by certificate) should be filed with Millennium Energy Holdings, Inc. 98% of which were derived from retail the request. Any request for hearing (‘‘Millennium’’) and UniSource Energy and wholesale sales of electricity and should identify specifically the issues of Development Company (‘‘UED’’). In related transmission and distribution facts or law that are disputed. A person 2002, TEP, UniSource’s predominant services. At December 31, 2002, who so requests will be notified of any subsidiary, accounted for approximately UniSource Energy had $2.7 billion in hearing, if ordered, and will receive a 94% of UniSource Energy’s total total assets, including total net utility copy of any notice or order issued in the consolidated assets and more than 99% plant of $1.7 billion. matter. After June 2, 2003, the of UniSource Energy’s operating As of March 4, 2003, UniSource application(s) and/or declaration(s), as revenues. TEP’s retail service area Energy had issued and outstanding filed or as amended, may be granted includes the City of Tucson and 33,583,182 shares of common stock, no and/or permitted to become effective. adjoining areas of Pima County. TEP par value, which are listed and traded also supplies the power requirements of on the New York Stock Exchange and UniSource Energy Corporation (70– a military base that is located in Cochise the Pacific Exchange. TEP has issued 10116) County, to the east of Tucson, and sells and outstanding 32,139,555 shares of UniSource Energy Corporation electricity at wholesale to other utilities common stock, no par value, of which (‘‘UniSource Energy’’), One South and power marketing entities in the 32,139,434 are held by UniSource Church Avenue, Suite 100, Tucson, western U.S. UniSource Energy states Energy. Arizona 85701, an Arizona corporation that in the three-year period of 2000 Citizens, a Delaware corporation, and a public utility holding company through 2002, not more than 4% of operates as an electric and gas utility in claiming exemption from registration TEP’s total operating revenues were Arizona through two operating under section 3(a)(1) of the Act under derived from wholesale sales outside of divisions. Through its Arizona Electric rule 2 and from all other provisions of Arizona. As of December 31, 2002, TEP Division, Citizens provides electric the Act except section 9(a)(2), has filed owned or leased 2,002 MW of net service to approximately 77,500 an application (‘‘Application’’) for an generating capability. UniSource Energy customers in most of Mohave County in order under sections 9(a)(2) and 10 of itself does not engage in any business northwest Arizona and in all of Santa the Act authorizing the proposed activities or have any material assets, Cruz County in southeast Arizona acquisition of the operating electric and other than the stock of its subsidiaries. between TEP’s service area and the U.S.- gas utility properties (‘‘Assets’’) of TEP has five direct, wholly-owned, Mexico border. Through its Arizona Gas Citizens Communications Company nonutility subsidiaries, as follows: Division, Citizens provides natural gas (‘‘Citizens’’) that are located in Arizona Escavada Company, which is engaged in service to approximately 125,000 (the ‘‘Transaction’’). UniSource also the business of maintaining customers in most of northern Arizona, requests an order under section 3(a)(1) miscellaneous assets and property; San including portions of Mohave, Yavapai, of the Act declaring it exempt it from all Carlos Resources, Inc., which holds Coconino, Navajo, Greenlee, and provisions of the Act, except section legal title to Unit No. 2 of the Apache Counties, as well as Santa Cruz 9(a)(2), following the consummation of Springerville Generating Station, and is County in southeast Arizona. Citizens the proposed Transaction. the lessee, jointly and severally with owns generating units in Arizona having UniSource proposes alternative TEP, of an undivided one-half interest a total capacity of about 47 MW. structures for the acquisition of the in certain facilities shared in common Citizens’ Arizona electric transmission Assets. UniSource may combine the between Unit No. 1 and Unit No. 2 of and distribution system consists of Assets in one new utility company or the Springerville Generating Station; approximately 56 circuit-miles of 115 keep the Assets separate in two different Sierrita Resources, Inc., which holds kV transmission lines, 229 circuit-miles utility companies (‘‘New Utility investments in financial assets; Tucson of 69 kV transmission lines, and 3,116 Companies’’). The New Utility Resources, Inc., which also holds circuit-miles of underground and Companies will be incorporated under investments in financial assets; and overhead distribution lines. Citizens Arizona law. UniSource will either Tucsonel Inc., which holds an also owns 38 substations having a total acquire and hold the common stock of undivided interest in the Springerville installed transformer capacity of the New Utility Companies directly, or Generating Station coal-handling 1,077,300 kVA. Citizens’ Arizona gas alternatively, as direct subsidiaries of a facility. TEP also holds minority transmission and distribution system newly formed Arizona corporation interests in entities that provide demand consists of approximately 168 miles of (‘‘HoldCo’’) that will be a direct side and energy management services steel transmission mains, 2,459 miles of
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steel and plastic distribution mains, and UniSource Energy Corporation to the flows of the New Utility Companies. 127,015 customer service lines. Arizona Corporation Commission The issuance of new debt securities by Citizens is subject to regulation in (‘‘Joint Application’’), UniSource Energy the New Utility Companies and the loan Arizona by the ACC with respect to is seeking approval for a reduced level from TEP are subject to approval by the retail electric and gas rates, the issuance of rate increases. On April 1, 2003, ACC. of securities, affiliate transactions, the UniSource Energy, Citizens, TEP and More specifically, in the Joint maintenance of books and records, and the staff of the Utilities Division of the Application, UniSource Energy is other matters and by the FERC with ACC entered into a Settlement requesting the authorization of the ACC respect to wholesale power sales and Agreement (‘‘Settlement’’), which sets for the New Utility Companies to: (1) interstate transmission service. forth the agreement and understanding Issue or guarantee up to $175 million of Citizens and UniSource Energy have of the parties with respect to the debt securities for the purpose of entered into separate Asset Purchase settlement of all issues arising under the funding a portion of the purchase price Agreements, each dated October 29, Joint Application, the amount of the and initial working capital requirements 2002, relating to the purchase of reduction in Citizens’ proposed gas rate of the New Utility Companies; (2) issue Citizens’ electric and gas utility increase, UniSource Energy’s forfeiture or guarantee additional debt securities businesses in Arizona. Under the terms of any right to seek recovery of the from time to time under the terms of a of the Asset Purchase Agreement under-collected balance under Citizens’ new revolving credit agreement that will relating to Citizens’ electric utility purchase power and fuel adjustment provide ongoing liquidity support to the business, Citizens has agreed to sell and clause, and other matters.1 The New Utility Companies; (3) enter into UniSource Energy has agreed to proposed Settlement is subject to indentures or security agreements purchase all of the assets (subject to approval by the ACC. UniSource Energy which grant liens on some or all of the certain stated exceptions) used by states that under the proposed properties held by such companies to Citizens in connection with or Settlement Citizens’ electric and gas secure the debt obligations of such otherwise necessary for the conduct of customers would save a total of about companies; and (4) issue common stock its electric utility business in Arizona $29 million per year, as compared to the to UniSource Energy (or to HoldCo if the (the ‘‘Electric Assets’’). Under the terms amount of rate increases proposed in HoldCo Structure is used). Additionally, of the Asset Purchase Agreement Citizens’ pending applications. The UniSource Energy and TEP are seeking relating to Citizens’ gas utility business, proposed Settlement also contains the authority from the ACC to allow TEP to Citizens has agreed to sell and agreement of the parties with respect to fund up to $50 million of the aggregate UniSource Energy has agreed to UniSource Energy’s plan for financing purchase price through a loan to purchase all of the assets (subject to the Transaction, as described below. UniSource Energy. Authorization of this certain stated exceptions) used by UniSource Energy states that the loan from TEP would provide financing Citizens in connection with or Transaction is subject to, among other flexibility to UniSource Energy in the otherwise necessary for the conduct of conditions precedent, receipt by the event that, at the time of the its gas utility business in Arizona (the parties of required approvals by the consummation of the Transaction, ‘‘Gas Assets’’). ACC, the FERC and this Commission, UniSource Energy is unable to issue UniSource Energy has agreed to pay and filing of pre-merger notification common stock on reasonable terms in Citizens $92 million in cash for the statements under the Hart-Scott-Rodino order to fund the purchase price. Electric Assets and $138 million in cash Antitrust Improvements Act of 1976, as Under the proposed Settlement filed for the Gas Assets, subject in each case amended, and expiration or early with the ACC, the New Utility to adjustment based on the date on termination of the statutory waiting Companies are expected to have an which the Transaction closes and on the period. The boards of directors of initial capital structure of about 40% amount of certain assets and liabilities UniSource Energy and Citizens have common equity and 60% long-term associated with the Assets at the time of each approved the proposed debt. UniSource Energy’s objective is to closing. In addition, the base price for Transaction. The Transaction does not capitalize the New Utility Companies at the Electric Assets and the Gas Assets require shareholder approval by either a level that is consistent with an will be reduced by $10 million in the company. investment grade rating, in accordance aggregate if the Transaction closes by UniSource Energy states that it with current ratings criteria published July 28, 2003. However, whether or not intends to fund the purchase price by the principal rating agencies. the Transaction closes by July 28, 2003, under the Asset Purchase Agreements UniSource Energy has agreed that, until UniSource Energy has agreed to reduce using a combination of several sources, common equity as a percentage of total rate base for the Gas Assets by $10 including: (1) Available cash at capitalization (i.e., common and million. UniSource Energy will not UniSource Energy; (2) possibly the preferred equity and long-term debt, assume Citizens’ obligations under issuance of new equity by UniSource including current portion) of each of the existing industrial development revenue Energy; (3) a loan from TEP; and (4) debt New Utility Companies equals 40%, bonds that were issued to finance issued by the New Utility Companies or such company will not pay dividends to portions of the purchased assets. HoldCo (if the HoldCo Structure is UniSource or HoldCo, as the case may Citizens will remain liable on these utilized), which will be repaid either be, in an amount exceeding 75% of such obligations. directly or indirectly from the cash company’s earnings. The $50 million Under the Asset Purchase loan from TEP would have a maturity Agreements, UniSource Energy and 1 Under the proposed Settlement, UniSource not to exceed four years, would be Citizens also agreed to coordinate the Energy has agreed to seek an increase in rates of the secured by a pledge of 100% of the new gas utility of approximately 20.9%, versus the overall development of the positions to 28.9% increase requested by Citizens. In addition, common stock of the New Utility be taken and the regulatory actions to be UniSource Energy has agreed to forfeit its right to Companies or HoldCo (if the HoldCo requested regarding the two utility rate seek recovery of the under-collected balance under Structure is used), and would bear cases that Citizens has pending before Citizens’ electric purchase power and fuel adjuster interest at 383 basis points above the clause (estimated to be at least $135 million as of the ACC. As part of the Joint July 28, 2003). As a result, electric rates of the new yield-to-maturity of an equivalent four- Application of Citizens electric utility would increase by 22%, rather than year U.S. Treasury security as Communications Company and the 45% increase proposed by Citizens. determined on the date of the loan. The
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Settlement further specifies that 264 of the proposal.7 On April 25, 2003, the Share Threshold into the specialist’s basis points of the interest income Exchange filed Amendment No. 3 to the designated auto-execution parameters. earned by TEP on the TEP loan will be proposed rule change.8 This order The specialist can enable the Aggregate recorded as a deferred credit and used partially approves the proposed rule Share Threshold on an issue-by-issue to offset rates in the future, and that the change. basis. The functionality is entirely balance of the interest income will be II. Description of the Proposal optional, however, and a specialist can used to build the equity capitalization of still elect to provide additional liquidity TEP. The CHX Rules provide for automatic guarantees. execution of orders, i.e., without manual For the Commission, by the Division of intervention by the CHX specialist, if Under this voluntary system Investment Management, pursuant to 9 enhancement, the specialist would agree delegated authority. certain conditions are met. Under the CHX Rules, each CHX specialist to provide automatic execution (at the Margaret H. McFarland, designates an ‘‘auto-execution NBBO) of an aggregate number of shares Deputy Secretary. threshold’’ for each issue.10 The auto- (the ‘‘Aggregate Share Threshold’’). [FR Doc. 03–11991 Filed 5–13–03; 8:45 am] execution threshold is a number of Once an aggregate number of shares BILLING CODE 8010–01–P shares, greater than 99 shares that the equal to the Aggregate Share Threshold specialist is willing to execute was automatically executed, whether as automatically. If a specialist receives an a result of one order or numerous SECURITIES AND EXCHANGE order that exceeds his designated auto- orders, subsequent orders would be COMMISSION execution threshold, the order is directed into the specialist’s book for automatically directed into the manual execution. Under the proposed [Release No. 34–47811; File No. SR–CHX– specialist’s book for manual execution, rule change, a specialist would then be 2002–20] unless the order-sending firm has obligated to either execute the order at elected to receive partial automatic a price and size equal to or better than Self-Regulatory Organizations; Order executions, in which case a portion of the NBBO price and size at the time the Granting Partial Approval of Proposed the order will automatically execute, up order was received, or act as agent for Rule Change by the Chicago Stock to the size of the auto-execution the order to obtain the best available Exchange, Incorporated Relating to threshold, and the balance of the order price on a marketplace other than the Automatic Execution of Orders will be placed in the specialist’s book Exchange. May 7, 2003. for manual execution. The Aggregate Share Threshold would Under the current version of the CHX reset after a prescribed amount of time I. Introduction Rules, a CHX specialist has unlimited designated by a specialist 11 and could On July 11, 2002, the Chicago Stock (and the CHX believes unwarranted) never be set at a level less than the Exchange, Inc. (‘‘CHX’’ or ‘‘Exchange’’) auto-execution exposure, because a shares included in the specialist’s own submitted to the Securities and rapid succession of orders entered into bid or offer. Exchange Commission (‘‘SEC’’ or the MAX system at or below the The Exchange also proposes to ‘‘Commission’’), pursuant to Section specialist’s auto-execution threshold are relocate Article XX, Rule 43(d) to Rule 19(b)(1) of the Securities Exchange Act due an automatic fill at the prevailing 37(a), rendering the provisions of Rule of 1934 (‘‘Act’’),1 and Rule 19b–4 National Best Bid or Offer (‘‘NBBO’’) 43(d) applicable to both over-the- thereunder,2 a proposed rule change to price. Therefore, the CHX believes that counter and listed securities. This allow a specialist to limit his aggregate specialists may be required to provide provision states that with respect to any auto-execution exposure.3 On August more liquidity than they intend to market or marketable limit order not 13, 2002, the Exchange submitted through automatic executions. executed automatically, a specialist Amendment No. 1 to the proposal.4 On To resolve this issue, the Exchange shall be obligated to either (a) manually August 27, 2002, the Exchange filed has proposed to amend CHX Article XX, execute such order at a price and size Amendment No. 2 to the proposed rule Rule 37(b)(1) to limit a specialist’s equal to or better than the NBBO price change.5 unintended automatic execution and size at the time the order was liability by incorporating an Aggregate The proposed rule change was received; or (b) act as agent for such order in seeking to obtain the best published for comment in the Federal 7 The Commission received one comment Register on September 6, 2002.6 No addressing the Exchange’s proposed change to the available price for such order on a comments were received on this aspect definition of ‘‘BBO price.’’ marketplace other than the Exchange, 8 See letter from Kathleen M. Boege, Assistant using order routing systems where General Counsel, CHX, to Nancy J. Sanow, Assistant 1 appropriate. 15 U.S.C. 78s(b)(1). Director, Division, Commission, dated April 24, 2 17 CFR 240.19b–4. 2003 (‘‘Amendment No. 3’’). In Amendment No. 3, III. Discussion 3 In the proposed rule change, the Exchange also the Exchange withdrew its request that the proposed a modified definition of the ‘‘BBO Price’’ proposed rule change be approved on a pilot basis. After careful review, the Commission and corresponding changes to the BEST Rule that Further, the Exchange made changes to the finds that the proposed changes to CHX would reflect the modified definition. The proposed definition of BBO price and requested Commission is not approving those proposed partial approval of the portion of the proposed rule Article XX, Rules 37(a)(1), 37(a)(2), changes in this order. change dealing with issues other than the definition 37(b)(1) and 43(d) described above are 4 See letter from Kathleen M. Boege, Associate of BBO price. Because the only substantive changes consistent with the requirements of the General Counsel, CHX, to Nancy J. Sanow, Assistant contained in Amendment No. 3 involve this Act and the rules and regulations Director, Division of Market Regulation definition of BBO price, which the Commission is (‘‘Division’’), Commission, dated August 9, 2002 not approving in this order, the Commission thereunder applicable to a national (‘‘Amendment No. 1’’). similarly is not approving Amendment No. 3 at this 5 See letter from Kathleen M. Boege, Assistant time. 11 A specialist choosing to enable the Aggregate General Counsel, CHX, to Nancy J. Sanow, Assistant 9 See CHX Article XX, Rule 37(b)(6)(automatic Share Threshold functionality would be required to Director, Division, Commission, dated August 23, execution of orders in listed securities); CHX provide CHX staff with the designated time 2002 (‘‘Amendment No. 2’’). Article XX, Rule 37(b)(7)(automatic execution of increment for each issue. The time increment 6 See Securities Exchange Act Release No. 46436 orders in OTC securities). would commence (and restart) upon any change in (August 29, 2002), 67 FR 57048. 10 See CHX Article XX, Rule 37(b)(1). the NBBO.
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securities exchange.12 Specifically, the SECURITIES AND EXCHANGE reduce some of the burdens associated Commission finds that these proposed COMMISSION with rule G–37. According to the TBMA letter, the proposed rule change, ‘‘will changes are consistent with the [Release No. 34–47814; File No. SR–MSRB– requirements of Section 6(b)(5) of the 2002–12] not undercut [rule G–37’s] goal of Act 13 because they are designed to maintaining the integrity of the facilitate transactions in securities; to Self-Regulatory Organizations; Order municipal underwriting process.’’ 4 remove impediments to and to perfect Granting Approval of a Proposed Rule Furthermore, TBMA believes that the the mechanism of a free and open Change and Amendment No. 1 Thereto changes are long overdue and urges the by the Municipal Securities Commission to quickly adopt the market and a national market system; 5 and, in general, to protect investors and Rulemaking Board Relating to proposal. Similar to the TBMA letter, the ABA/ABASA letter provides the public interest; and are not designed Amendments to Rules G–37, on Political Contributions and support for the proposed rule change as to permit unfair discrimination between a means to limit the costs and burdens customers, issuers, brokers or dealers.14 Prohibitions on Municipal Securities Business, G–8, on Books and Records, associated with regulatory compliance. The Commission believes that the Revisions to Form G–37/G–38 and the On the amended definition of municipal proposed changes to CHX Article XX, Withdrawal of Certain Rule G–37 finance professional, the ABA/ABASA Rule 37(a)(2) providing for an Aggregate Questions and Answers letter expressed that the changes will Share Threshold achieve an appropriate limit the ‘‘unintended consequences of balance between providing customers May 8, 2003. preventing dealer firms from hiring 6 with efficient and prompt executions of I. Introduction otherwise qualified employees.’’ orders and limiting the risk that Additionally, the more flexible On September 26, 2002, the exemption process will provide some specialists are exposed to by Municipal Securities Rulemaking Board guaranteeing automatic executions. The relief for ‘‘inadvertent violations’’ on (‘‘Board’’ or ‘‘MSRB’’) filed with the rule G–37’s ban on contributions.7 Commission further finds that the Securities and Exchange Commission proposed changes to CHX Article XX, (‘‘Commission’’ or ‘‘SEC’’), pursuant to III. Discussion and Commission Rule 37(b)(1) dealing with a specialist’s section 19(b)(1) of the Securities Findings obligations for manually handling Exchange Act of 1934 (‘‘Exchange Act’’), Section 19(b) of the Exchange Act 8 market and marketable limit orders are and rule 19b–4 thereunder,1 a proposed requires the Commission to approve the consistent with the Act and the manner rule change to amend rule G–37, on proposed rule change filed by the MSRB in which specialists currently handle political contributions and prohibitions if the Commission finds that the orders for listed securities. on municipal securities business, G–8, proposed rule change is consistent with on books and records, revisions to Form the requirements of the Exchange Act IV. Conclusion G–37/G–38 and the withdrawal of and the rules and regulations It is therefore ordered, pursuant to certain rule G–37 Questions and thereunder. After careful review of the Section 19(b)(2) of the Act,15 that the Answers. On March 26, 2003, the MSRB proposed rule change and comment portion of proposed rule change (SR– amended the proposal. The proposed letters, the Commission finds that the rule change revises the exemption CHX–2002–20) relating to CHX Article proposed rule change is consistent with process and the definition of municipal XX, Rules 37(a)(1), 37(a)(2), 37(b)(1) and the requirements of the Exchange Act finance professional. Amendment No. 1 43(d), as discussed above, is approved. and the rules and regulations alters the text of the amendments to the thereunder, which govern the MSRB.9 For the Commission, by the Division of rule language as it appears in the The language of section 15B(b)(2)(C) of Market Regulation, pursuant to delegated original filing. The proposed rule the Act requires that the MSRB’s rules authority.16 change, as modified by Amendment No. must be designed to prevent fraudulent Margaret H. McFarland, 1, was published in the Federal Register and manipulative acts and practices, to 2 Deputy Secretary. on April 8, 2003. promote just and equitable principals of [FR Doc. 03–11992 Filed 5–13–03; 8:45 am] The Commission received two trade, to foster cooperation and comment letters on the proposed rule BILLING CODE 8010–01–P coordination with persons engaged in change.3 This order approves the regulating, settling, processing proposed rule change as modified by information with respect to, and Amendment No. 1. facilitating transactions in securities, to II. Summary of Comments remove impediments to and perfect the mechanism of a free and open market in The Commission received two municipal securities, and, in general, to comment letters on the proposed rule protect investors and the public change, both support the proposal. interest.10 The TBMA letter expresses support The Commission acknowledges the for the proposal because the TBMA MSRB Long-Range Plan, to assess rule believes that the changes will help G–37’s requirements and resulting 12 In approving this portion of the rule proposal, the Commission notes that it has also considered 1 15 U.S.C. 78s(b)(1); 17 CFR 240.19b–4. 4 See TBMA letter at 1. the proposed rule’s impact on efficiency, 2 See Release No. 34–47609 (April 1, 2003), 67 FR 5 Id. at 2. competition, and capital formation. 15 U.S.C. 78c(f). 17122. 6 See ABA/ABASA letter at 2. 13 15 U.S.C. 78f(b)(5). 3 April 25, 2003, letter from John M. Ramsay, 7 Id. 14 The Commission notes that it is not approving Senior Vice President and Regulatory Counsel, The 8 15 U.S.C. 78s(b). proposed Interpretation .01 to CHX Rule 37, nor the Bond Market Association to Jonathan G. Katz, Secretary, Commission (‘‘TBMA letter’’); April 29, 9 Additionally, in approving this rule, the corresponding modifications to Rule 37 that would 2003, letter from Sarah Miller, American Bankers Commission notes that it has considered the accompany this interpretation. Association and ABA Securities Association to proposed rule’s impact on efficiency, competition 15 15 U.S.C. 78f(b)(2). Jonathan G. Katz, Secretary, Commission (‘‘ABA/ and capital formation. 15 U.S.C. 78c(f). 16 17 CFR 200.30–3(a)(12). ABASA letter’’). 10 1015 U.S.C. 78o–4(b)(2)(C).
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compliance concerns. Both the on April 29, 2003, the Municipal 15B(b)(2)(C) of the Exchange Act, which Commission and the MSRB believe that Securities Rulemaking Board (the provides that the MSRB’s rules shall: rule G–37 is essential to diminish pay- ‘‘MSRB’’) filed with the Securities and be designed to prevent fraudulent and to-play practices in the municipal Exchange Commission (the manipulative acts and practices, to promote securities market. The rule has provided ‘‘Commission’’) a proposed rule change just and equitable principles of trade, to substantial benefit to the industry and (File No. SR–MSRB–2003–03) (the foster cooperation and coordination with the investing public by reducing the ‘‘proposed rule change’’) described in persons engaged in regulating, clearing, direct connection between political items, I, II, and III below, which items settling, processing information with respect contributions to issuer officials and the have been prepared by the MSRB. The to, and facilitating transactions in municipal securities, to remove impediments to and awarding of municipal securities Commission is publishing this notice to perfect the mechanism of a free and open business. solicit comments on the proposed rule market in municipal securities, and, in The comment letters welcome the change from interested persons. general, to protect investors and the public amendments proposed as a means to I. Self-Regulatory Organization’s interest. reduce industry costs and burdens. The Statement of the Terms of Substance of The MSRB believes that the proposed Commission does not believe that the the Proposed Rule Change rule change will provide guidance to proposed rule change will threaten the The MSRB has filed with the dealers engaged in workplace marketing purpose and efficacy of the pay-to-play programs for 529 college savings plans restrictions. The Commission believes Commission a proposed rule change consisting of an interpretive notice on as to how to comply with MSRB rules that the proposed rule change in a manner that ensures that the adequately provides essential marketing by brokers, dealers and municipal securities dealers (‘‘dealers’’) investor protection objectives of the protections in the exemption process rules are met. and the revised definition of municipal of 529 college savings plans in the finance professional. Furthermore, workplace. The entire text of the B. Self-Regulatory Organization’s proposed revision of the look back and proposed rule change appears at the end Statement on Burden on Competition look forward periods to better correlate of this notice. The MSRB does not believe that the with the municipal finance II. Self-Regulatory Organization’s proposed rule change will impose any professionals’ role and business activity Statement of the Purpose of, and burden on competition not necessary or will continue to safeguard against the Statutory Basis for, the Proposed Rule appropriate in furtherance of the potential link between obtaining Change purposes of the Exchange Act since it municipal securities business and In its filing with the Commission, the would apply equally to all dealers contributions. MSRB included statements concerning involved in workplace marketing IV. Conclusion the purpose of and basis for the programs for 529 college savings plans. It is therefore ordered, pursuant to proposed rule change and discussed any C. Self-Regulatory Organization’s section 19(b)(2) of the Exchange Act,11 comments it received on the proposed Statement on Comments on the that the proposed rule change (File No. rule change. The text of these statements Proposed Rule Change Received from SR–MSRB–2002–12) be and hereby is, may be examined at the places specified Members, Participants, or Others in item IV below. The MSRB has approved. On November 18, 2002, the MSRB prepared summaries, set forth in published for comment draft For the Commission, by the Division of sections A, B, and C below, of the most interpretive notice on marketing of 529 Market Regulation, pursuant to delegated significant aspects of such statements. authority.12 college savings plan employee payroll Margaret H. McFarland, A. Self-Regulatory Organization’s deduction programs. The MSRB Deputy Secretary. Statement of the Purpose of, and received six comment letters.2 After [FR Doc. 03–11995 Filed 5–13–03; 8:45 am] Statutory Basis for, the Proposed Rule reviewing these comments, the MSRB BILLING CODE 8010–01–P Change approved the draft interpretive notice, (1) Purpose with certain modifications, for filing with the SEC.3 The comments and the SECURITIES AND EXCHANGE The MSRB has received a number of MSRB’s responses are discussed below. COMMISSION requests for guidance on dealer responsibilities under MSRB rules with 2 Letter from Robert W. Berta, Jr., Vice President— [Release No. 34–47815; File No. SR–MSRB– respect to the marketing of 529 college Compliance, Countrywide Investment Services, Inc. 2003–03] savings plans (a type of state program (‘‘Countrywide’’), to Ernesto A. Lanza, Senior that issues municipal fund securities) Associate General Counsel, MSRB, dated December Self-Regulatory Organizations; Notice 17, 2002; letter from M. Shawn Dreffein, President, through the workplace to employees. of Filing of Proposed Rule Change by National Planning Corporation (‘‘NPC’’), to Ernesto Such workplace marketing programs A. Lanza, dated January 7, 2003; letter from Natalie the Municipal Securities Rulemaking raise unique interpretive issues under A. Kavanaugh, Legal Specialist, Fidelity Board Relating to Marketing of 529 MSRB rules. The MSRB has determined Investments (‘‘Fidelity’’), to Ernesto A. Lanza, dated January 9, 2003; letter from Diana F. Cantor, Chair, College Savings Plans in the to provide interpretive guidance on the Workplace College Savings Plan Network (‘‘CSPN’’) and application of rule G–8, on Executive Director, Virginia College Savings Plan, May 8, 2003. recordkeeping, rule G–17, on fair to Ernesto A. Lanza, dated January 10, 2003; letter dealing, rule G–19, on suitability, rule from Stuart J. Kaswell, Senior Vice President and Pursuant to section 19(b)(1) of the General Counsel, Securities Industry Association Securities Exchange Act of 1934 (the G–27, on supervision, and rule G–32, on (‘‘SIA’’), to Ernesto A. Lanza, dated January 10, ‘‘Exchange Act’’) and rule 19b–4 disclosure, in the context of workplace 2003; and letter from Tamara K. Salmon, Senior thereunder,1 notice is hereby given that marketing programs relating to 529 Associate Counsel, Investment Company Institute college savings plans. (‘‘ICI’’), to Ernesto A. Lanza, dated January 10, 2003. 3 After reviewing the comments, the MSRB 11 15 U.S.C. 78s(b)(2). (2) Basis modified the draft interpretive guidance to: (i) 12 17 CFR 200.30–3(a)(12). Change the term ‘‘introducing broker’’ to ‘‘selling 1 15 U.S.C. 78s(b)(1) and 17 CFR 240.19b–4 The MSRB believes that the proposed broker;’’ (ii) reflect the existence of other scenarios thereunder. rule change is consistent with section in which 529 college savings plans are marketed in
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NPC fully supported the draft the primary distributor to market recognize these variants in its final interpretive notice, stating that it through employers, with the employees notice. The revised interpretive notice ‘‘clearly sets out the rationale for making investments directly through the now more clearly acknowledges these providing guidance in this area * * * primary distributor (as described in the different processes. [and] will make it possible for our draft interpretive notice), these CSPN, Fidelity, ICI and SIA sought Representatives to assist companies in commentators noted that: (1) Primary further clarification on the offering 529 college savings plans to distributors may themselves market 529 circumstances under which selling their employees.’’ CSPN, Fidelity, ICI college savings plans through brokers may rely on other parties to and SIA all generally supported the employers; (2) selling brokers meet their regulatory obligations. CSPN draft interpretive notice, although each sometimes have contractual and SIA stated that dealers should be requested that the MSRB further relationships with the issuer rather than able to rely on issuers to distribute broaden and/or clarify the guidance in the primary distributor; (3) selling official statements to customers. CSPN various respects.4 brokers may handle employee noted its concern that customers may be Fidelity, ICI and SIA requested that investments and maintain long-term confused by the receipt of redundant the MSRB substitute the term ‘‘selling relationships with employees, rather (and possibly out-dated) disclosure broker’’ or ‘‘selling dealer’’ for the term than merely introducing employees to documents if dealers must deliver ‘‘introducing broker’’ used in the draft the primary distributor; (4) transfer official statements regardless of whether interpretive notice. They stated that the agents may undertake significant the issuer has sent them to customers. term ‘‘introducing broker’’ is used with responsibilities in connection with SIA suggested that the ability of the different meanings under the federal employees’ investments; and (5) selling broker to rely on the primary securities laws applicable to other types employees may in some instances use a distributor for delivery of the official of securities and may cause some dealer other than the selling broker or statement as provided in the draft confusion. In addition, SIA primary distributor to make an interpretive notice be extended to the recommended that, for purposes of the investment that may still be considered ability to rely on other parties, such as interpretation, the term ‘‘selling broker’’ part of the employer-sponsored other dealers, employers and issuers. also encompass the primary distributor program. These commentators requested The revised interpretive notice where it directly establishes the that the MSRB address some or all of permits a selling broker to conclusively relationship with the employer. SIA these additional scenarios. In addition, rely on the primary distributor to meet stated, ‘‘In addition to recognizing that CSPN suggested that the MSRB make its disclosure obligations and certain a selling broker rarely, if ever, has a clear that the scenarios addressed in the supervisory obligations (described suitability obligation in the context of a draft interpretive notice are illustrative below) only under the limited payroll deduction program, the notice and that other models may be circumstances in which employee should clarify that a primary distributor implemented. orders are not accepted without actual who makes 529 Plan investments The MSRB has made significant delivery of the official statement and the available through a third-party broker modifications to the initial paragraphs primary distributor has affirmatively would not have a suitability obligation of the notice to reflect the existence of agreed to undertake such regulatory under rule G–19, as it too makes no these other scenarios. No significant obligations on behalf of the selling recommendation to an employee.’’ The change in interpretation results from a broker. In such circumstances, the MSRB has changed the term primary distributor acting in the role of primary distributor will be responsible ‘‘introducing broker’’ to ‘‘selling broker’’ a selling broker. The identity of the for fulfilling such obligations. In all in the revised interpretive notice. selling broker’s counterparty on the other circumstances, the notice clarifies Contrary to SIA’s statement that the selling agreement also does not that a selling broker may agree with interpretive notice recognizes ‘‘that a significantly change its regulatory another party to take certain actions on selling broker rarely, if ever, has a obligations. Selling brokers that make its behalf but that if such other party suitability obligation,’’ the notice does recommendations remain fully obligated fails to take such actions, the selling not assess the likelihood or frequency of under MSRB rules and remain broker remains responsible for fulfilling recommendations being made by selling ultimately responsible where the its regulatory obligation. brokers. The notice does provide some primary distributor has not affirmatively guidance regarding the factors to undertaken regulatory obligations on ICI suggested that the MSRB should consider when determining whether a behalf of the selling broker (as discussed permit selling brokers to enter into recommendation has occurred. The below). The guidance provided by the arrangements with the primary MSRB believes that no further guidance notice is primarily intended for dealers distributor to meet their supervisory in this area is necessary. that are formally involved in a obligations to review and approve CSPN, Fidelity, ICI and SIA each workplace marketing program; thus, the customer accounts and transactions noted that the scenario described in the notice is of limited applicability to based upon having procedures in place draft interpretive notice is not the only dealers that do not have a formal role in that provide assurances to the selling form in which dealers may seek to such a program. brokers that such review and approval market 529 college savings plans Fidelity observed that the draft is being undertaken by the primary through employers. In addition to interpretive notice referred to on-line distributor. SIA questioned the value of arrangements where selling brokers enrollment with the primary distributor requiring a selling broker to review having a contractual relationship with and noted that in many circumstances customer accounts and transactions well enrollment and investments continue to after the transaction is executed, the workplace; (iii) provide more guidance as to be handled by mail. Also, Fidelity, ICI especially if the transaction was not when dealers may rely on others to fulfill regulatory and SIA noted that other forms of recommended. In addition, SIA responsibilities; and (iv) clarify certain payment, such as ACH (automated questioned why a requirement for such recordkeeping obligations. These revisions are clearing house) bank transfers, may be review and related recordkeeping would described in greater detail below. 4 Countrywide did not state its position regarding used in addition to traditional employee be dependent upon whether the selling the draft interpretive notice but merely noted a payroll deductions. These broker receives compensation for a possible grammatical correction. commentators requested that the MSRB transaction.
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The revised interpretive notice obligations only if the transfer agent has its reasons for so finding or (ii) as to clarifies that, where a selling broker contractually agreed to act on behalf of which the self-regulatory organization does not make a recommendation and the primary distributor. Otherwise, the consents, the Commission will: the primary distributor affirmatively transfer agent is effectively treated as an (A) By order approve the proposed agrees to take on both the disclosure agent of the issuer and the dealer that rule change, or responsibilities and the supervisory enlisted the corresponding employer to (B) Institute proceedings to determine responsibilities with regard to opening participate in the workplace marketing whether the proposed rule change of accounts and approval of plan remains ultimately responsible for should be disapproved. transactions, the regulatory obligation compliance with MSRB rules. IV. Solicitation of Comments may be shifted to the primary SIA asked why a selling broker would distributor. However, supervisory have a fair dealing obligation under rule Interested persons are invited to responsibility remains with the selling G–17 to an employer since the employer submit written data, views, and broker so long as the selling broker is not the dealer’s client. SIA also arguments concerning the foregoing, retains any affirmative duties to sought guidance regarding the nature of including whether the proposed rule is employees. The MSRB believes that the information that a dealer would be consistent with the Exchange Act. limited recordkeeping obligations obligated to provide to the employer Persons making written submissions imposed on all selling brokers in the under the rule G–17 disclosure should file six copies thereof with the notice are appropriate. The revised obligation. ICI and SIA also questioned Secretary, Securities and Exchange interpretive notice makes clear that the the need for the selling broker to Commission, 450 Fifth Street, NW., limited recordkeeping requirements that maintain a record of the name and Washington, DC 20549–0609. Copies of remain for subsequent transactions address of an employer that the dealer the submissions, all subsequent effected by the primary distributor solicited, as well as for principal review amendments, all written statements where compensation is paid to the of such solicitation. CSPN sought with respect to the proposed rule selling broker applies only when such assurances that the fair dealing change that are filed with the compensation is transaction based obligation toward the employer would Commission, and all written since, depending on the facts and not give rise to any inference that the communications relating to the circumstances, this information may be issuer has any Federal securities law proposed rule change between the necessary to determine compliance with obligation to employers under the Commission and any person, other than MSRB’s fair pricing and fair commission scenario described in the draft those that may be withheld from the requirements. interpretive notice. public in accordance with the With respect to transfer agents, SIA The fair dealing requirement of rule provisions of 5 U.S.C. 552, will be noted that many plans provide for G–17 applies, on its face, to all persons, available for inspection and copying in applications and customer orders to be not just customers. The MSRB believes the Commission’s Public Reference sent directly to a transfer agent, with the that it appropriately applies to the Room. Copies of the filing will also be primary distributor’s activities ‘‘limited selling broker’s relationship with available for inspection and copying at to managing the overall marketing of the employers, particularly since the selling the MSRB’s principal offices. All program and the production of broker is inducing the employer to submissions should refer to File No. marketing and promotional materials.’’ create a captive audience of investors SR–MSRB–2003–03 and should be SIA stated that, ‘‘only the transfer agent and the employer’s agreement to submitted by June 4, 2003. maintains any investor records and participate in the program may lead For the Commission, by the Division of these records are the plan’s investor employees to believe that the employer Market Regulation, pursuant to delegated authority.5 records. Thus, in this model, the endorses investment under the program. primary distributor’s regulatory Under these circumstances, it is Margaret H. McFarland, responsibilities are limited primarily to important that selling brokers provide Deputy Secretary. compliance with applicable rules adequate information regarding the governing marketing materials but not program to the employer so that it can Interpretive Notice on Marketing of 529 those rules mandating customer account make an informed decision with regard College Savings Plans in the Workplace related procedures.’’ SIA sought to enrollment in the program. The The Municipal Securities Rulemaking assurance that primary distributors did limited recordkeeping regarding the Board (‘‘MSRB’’) has received a number not retain residual customer protection employer required by the notice is of requests for interpretive guidance on obligations under MSRB rules in the important in the context of documenting the responsibilities of brokers, dealers scenario where applications and orders the ability of a selling broker to rely on and municipal securities dealers are submitted directly to the transfer the guidance provided in the notice (‘‘dealers’’) under MSRB rules with agent. with respect to particular transactions. respect to the marketing of 529 college The MSRB notes that transfer agents The revised interpretive notice provides savings plans through the workplace to generally are viewed under the assurances that a dealer’s fair dealing employees (‘‘workplace marketing Exchange Act as working on behalf of obligation to the employer is not programs’’). Workplace marketing the issuer but that, in the 529 college intended to imply that the issuer has a programs have been described to the savings plan market, transfer agents also similar legal obligation to the employer. MSRB as being offered through a variety sometimes contractually agree to act on of means.1 In many cases, a dealer III. Date of Effectiveness of the behalf of the primary distributor. In the (‘‘selling broker’’) that has signed a Proposed Rule Change and Timing for revised interpretive notice, where selling agreement with the primary transactions are effected through a Commission Action transfer agent without the direct Within 35 days of the publication of 5 17 CFR 200.30–3(a)(12). involvement of the primary distributor this notice in the Federal Register or 1 The description of certain characteristics of or the selling broker, the selling broker within such longer period (i) as the workplace marketing programs in this notice is intended to illustrate the application of MSRB rules is permitted to conclusively rely on the Commission may designate up to 90 and is not intended to imply that workplace primary distributor to fulfill certain of days of such date if it finds such longer marketing programs having different characteristics the selling broker’s regulatory period to be appropriate and publishes are not permitted under MSRB rules.
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distributor of a 529 college savings plan transfer agent or issuer without any dealer is obligated to deliver an official makes available to employers the further involvement of the selling statement to the customer by settlement opportunity to initiate a workplace broker. of the transaction.5 marketing program for those employees When an employee enrolls in the Further, under rule G–17, each dealer, who choose to enroll and make workplace marketing program, certain in the conduct of its municipal contributions under the 529 college information regarding the employee’s securities activities, must deal fairly savings plan.2 The selling broker enrollment is made available to the with all persons and must not engage in typically meets with the employer’s parties who are involved in the any deceptive, dishonest or unfair human resources/benefits processing of the enrollment and practice. This rule has been interpreted representatives, who then may agree to contributions. Typically, however, the to require a dealer to disclose to its have the employer participate in the selling broker will receive notification customer, at or before the time of trade, workplace marketing program. One form of an account opening and any all material facts concerning the of workplace marketing program transactions effected for an individual transaction known by the dealer, as well provides for the employer to utilize its employee only after the fact, either on as material facts about the security existing payroll direct deposit process a transaction-by-transaction basis or in when such facts are reasonably for after-tax contributions by employees. periodic summaries of trade activities.4 accessible to the market.6 This rule G– In other cases, employee contributions Thus, unless the selling broker itself 17 disclosure obligation applies may be effected by means of ACH handles the enrollment and contribution regardless of whether the dealer has (automated clearing house) bank functions for employees, the selling made a recommendation to the transfers or other means, whether broker may not learn the identity of customer. If the customer is investing in electronically or by check. individual employees actually making an out-of-state 529 college savings plan, After the employer has agreed to investments in the 529 college savings the dealer also is obligated to inform the participate in a workplace marketing plan until well after the time of trade customer that, depending upon the laws program, its employees can establish an and settlement on such transactions. of the customer’s home state, favorable account in a variety of manners, The selling broker generally receives state tax treatment for investing in a 529 depending upon the specific 529 college commissions on an individual college savings plan may be limited to savings plan. For example, many participant basis for those employees investments made in a plan offered by workplace marketing programs provide who enroll and invest in the 529 college the customer’s home state.7 Further, for the employee to establish an account savings plan. rule G–17 prohibits the dealer from with the primary distributor by The MSRB has established a number misleading customers regarding facts completing an online or paper account of rules designed to protect customers material to the transaction, including application and participation purchasing municipal securities but not limited to the availability of agreement, which is submitted directly (including investments in 529 college state tax benefits in connection with an to the primary distributor. In other savings plans) from or through dealers. investment in a 529 college savings cases, applications may be submitted to In particular, under rule G–19, a dealer plan.8 a transfer agent 3 or the issuer, or may that recommends a 529 college savings A dealer is obligated under rule G–17 be handled by the selling broker itself. plan transaction to a customer must to deal fairly not only with customers Typically, the selling broker provides have reasonable grounds for believing but with all persons in connection with the employer with materials for that the recommendation is suitable, the conduct of its municipal securities distribution to interested employees based upon information available from activities. Thus, in addition to dealing describing the particular 529 college the issuer or otherwise and the facts fairly with employees that have agreed savings plan, including but not limited disclosed by or otherwise known about to participate in a workplace marketing to the program disclosure document that the customer. To assure that a dealer program, a selling broker that enters into meets the definition of ‘‘official effecting a recommended transaction a formal or informal agreement with an statement’’ under Exchange Act rule with a non-institutional customer has employer to undertake a workplace 15c2–12. Further, the selling broker the information needed about the marketing program also is obligated may, but does not always, hold customer to make its suitability under rule G–17 to deal fairly with the informational meetings with employees, determination, the rule requires the employer itself.9 Whether a dealer has either in groups or individually. dealer to make reasonable efforts to However, in many workplace marketing obtain information concerning the 5 In the case of a repeat purchaser who has programs, once the employer has agreed customer’s financial status, tax status already received the official statement, dealers and investment objectives, as well as generally are required to deliver any amendments to participate, employees can enroll in or supplements to the official statement in the program and make contributions any other information reasonable and connection with subsequent investments in the 529 directly through the primary distributor, necessary in making the college savings plan. recommendation. In addition, the dealer 6 See rule G–17 Interpretation—Interpretive 2 In some cases, the primary distributor itself, has certain disclosure-related Notice Regarding Rule G–17, on Disclosure of rather than a separate dealer, may initiate a obligations to the customer, regardless Material Facts, March 20, 2002, MSRB Rule Book. 7 See rule G–21 Interpretation—Application of workplace marketing program and undertake the of whether the dealer has recommended various functions of a selling broker described in Fair Practice and Advertising Rules to Municipal this notice. In other cases, the selling broker may a particular transaction to the customer. Fund Securities, May 14, 2002, MSRB Rule Book. have a contractual relationship with the issuer For example, under rule G–32, the 8 Id. rather than with, or in addition to, the primary 9 Under section 15B(c)(1) of the Exchange Act, distributor. 4 Where the primary distributor itself serves in any dealer that attempts to induce the purchase of 3 Third-party transfer agents are generally the role of selling broker, it will obtain information municipal securities must do so in compliance with considered, under section 3(a)(25) of the Exchange concerning the transaction on a timely basis where MSRB rules. This would include an attempt by a Act, to be providing services on behalf of the issuer enrollment and contributions are effected directly selling broker (or a primary distributor acting in the of securities. The MSRB understands that, in the with the primary distributor and, where enrollment role of a selling broker) to induce employees to 529 college savings plan market, transfer agents and contributions are effected with a transfer agent invest in a 529 college savings plan through an may sometimes be engaged by the primary that has a direct contractual relationship with the employer participating in a workplace marketing distributor to handle certain recordkeeping and primary distributor, the transfer agent will obtain program. Thus, the selling broker generally will processing functions on behalf of the primary such information on a timely basis on behalf of the become obligated to comply with the duties distributor. primary distributor. Continued
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dealt fairly with an employer is of all the relevant facts and receipt of the official statement and the dependent upon the facts and circumstances.12 Among the facts and primary distributor has formally agreed circumstances. However, the MSRB circumstances that generally would be to be responsible for such delivery.14 believes that, under these relevant in this context is the nature of For example, if employees make circumstances, rule G–17 obligates the the statements made by the selling investments directly through the selling broker to disclose to the broker if it conducts any informational primary distributor’s Web site and the employer all material facts known by meetings with employees. If, for Web site requires that investors first the selling broker concerning the example, the selling broker conducts an view or download the official statement transactions it is attempting to induce, employee informational meeting at before being allowed to complete as well as material facts about the which it states that the particular 529 transactions, then the selling broker security when such facts are reasonably college savings plan is appropriate for would be able to conclusively rely on accessible to the market. If the selling most or all employees, or at which it this method of delivery for purposes of broker knows or has reason to know that advises individual employees that the 15 one or more employees may not be plan or specific investment options fulfilling its disclosure requirements. resident in the state of the 529 college within the plan are appropriate for such However, if the primary distributor does savings plan being offered under the individuals, the introducing broker most not provide assurances that necessary workplace marketing program, rule G– likely has made a recommendation. If, disclosures will be made to employees, 17 requires the selling broker to disclose however, the selling broker provides, at the selling broker will be required to to the employer that, depending upon most, only generalized provide such disclosures.16 The selling the laws of the state of residence of an recommendations about the 529 college broker must put in place appropriate employee, favorable state tax treatment savings plan accompanied by clear supervisory procedures to ensure that for investing in a 529 college savings statements that enrollment in this required disclosures are provided in a plan may be limited to investments particular 529 college savings plan or satisfactory manner where it is not made in a 529 college savings plan investment in any particular investment entitled to conclusively rely on the offered by the employee’s home state. option within the plan may not be primary distributor as described above. These are the same disclosures that a appropriate for all employees, the In addition, where a selling broker is dealer effecting a transaction with selling broker must have reasonable entitled to conclusively rely on individual customers is required to grounds for the generalized disclosures provided by the primary make under rule G–17. recommendation in light of the distributor or transfer agent (as Where a selling broker has information about the security but need recommended a transaction in a 529 not make a determination that the described in the preceding paragraph) college savings plan to an employee investment is suitable for each and the transaction is not through a workplace marketing employee in attendance.13 A selling recommended, the selling broker may program, the selling broker is fully broker making a recommendation to a conclusively rely on the primary obligated to make a suitability particular employee also is fully distributor to fulfill the selling broker’s determination under rule G–19.10 The responsible for providing the required supervisory obligation to review and selling broker would be responsible for disclosure information under rules G–17 approve customer accounts and obtaining and maintaining the and G–32. transactions under rule G–27(c)(iii) and information required under rule G–19(b) If a selling broker does not make a (vii) for such accounts and transactions in connection with such suitability recommendation in connection with a if the primary distributor has formally determination and the additional transaction in a 529 college savings plan agreed to be responsible for such information required under rule G– by an employee through a workplace 8(a)(xi), as well as for maintaining marketing program, it has no suitability 14 Under these circumstances, the primary 11 proper supervision. The MSRB has obligation under rule G–19. Although distributor could be held responsible for any previously stated that whether a the selling broker still would be failures to meet the disclosure requirements of rules particular transaction is in fact obligated to provide the required G–17 and G–32. In addition, the primary distributor recommended depends on an analysis should note that, if the official statement omits disclosures under rules G–17 and G–32, material information that it would be obligated to if all employee transactions under the provide under rule G–17, the primary distributor established under rule G–17 with respect to the workplace marketing program are would be responsible for providing such omitted employer in connection with the procurement of handled by the primary distributor or a information. the employer’s agreement to participate in the 15 The MSRB has provided guidance on electronic workplace marketing program, even if there is no transfer agent that has contractually delivery of required disclosure information in rule assurance that any employee ultimately will enroll. agreed to act on behalf of the primary G–32 Interpretation—Notice Regarding Electronic This obligation would not apply to an issuer if its Delivery and Receipt of Information by Brokers, own personnel or agents of the issuer were to distributor, the selling broker’s Dealers and Municipal Securities Dealers, initiate a workplace marketing program with an responsibilities will be conclusively employer, as MSRB rules do not apply to issuers. November 20, 1998, MSRB Rule Book. fulfilled if the placing of an order in that Arrangements assuring actual delivery of the 10 A selling broker that recommends a transaction manner is conditioned upon actual official statement to employees may also be possible to an employee cannot avoid its suitability obligations and related duties simply because the in circumstances where paper applications and employee places its order directly with the primary 12 See rule G–19 Interpretive Letter— participation agreements are mailed directly to the distributor, transfer agent or issuer. In addition, a Recommendations, February 17, 1998, MSRB Rule primary distributor or its transfer agent. primary distributor acting in the role of a selling Book. The MSRB also has provided guidance on 16 Selling brokers would be advised, for example, broker that recommends a transaction to an recommendations in the context of on-line to provide official statements to the employer’s employee cannot avoid its suitability obligations communications in rule G–19 Interpretation— human resource/employee benefits department and and related duties simply because the employee Notice Regarding Application of Rule G–19, on at any employee informational meetings that it places its order directly with the issuer or transfer Suitability of Recommendations and Transactions, attends. The selling broker may enter into agent. to Online Communications, September 25, 2002, contractual arrangements whereby the primary 11 Rule G–27 requires an appropriate principal to MSRB Rule Book. distributor, transfer agent, issuer or other party review the opening of each customer account and 13 See rule G–19 Interpretation—Notice agrees to provide the required disclosures to of each transaction for such customer. In addition, Concerning the Application of Suitability employees. However, except as described above, the rules G–8 and G–9 require dealers to create and Requirements to Investment Seminars and selling broker will be responsible for any failure by preserve certain records in connection with such Customer Inquiries Made in Response to a Dealer’s such third party to meet its contractual delivery accounts and transactions. Advertisements, May 7, 1985, MSRB Rule Book. obligation.
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supervision.17 Under circumstances employees or any non-dealer agent of MARKET DATA FEES where such conclusive reliance is not the issuer), the selling broker or primary * * * * * available to the selling broker, the distributor that enlists an employer to Schedule of Monthly Charges selling broker may fulfill these participate in a workplace marketing (excluding applicable taxes) supervisory obligations by reviewing program is ultimately responsible for and approving individual account fulfilling all of its obligations under * * * * * openings and transactions as MSRB rules. Thus, for example, NYSE Broker Volume information becomes available from the although an issuer may undertake to NYSE Broker Volume Web Service— primary distributor, transfer agent or provide disclosure materials to per user—$300.00* other relevant party. In all cases of non- investors, the dealer remains NYSE Broker Volume Database access recommended transactions, the selling responsible under MSRB rules should fee—$3,000.00 broker must undertake prompt reviews the issuer fail to deliver the required NYSE Broker Volume Device Fee— and approvals of agreements obtained disclosures to an employee who enrolls per terminal—$100.00 from employers to participate in a in a 529 college savings plan through a (Maximum monthly device fee per workplace marketing program and for workplace marketing program promoted subscriber—$2,500.00) recording account information under by the dealer acting as a selling broker, * Applies for web access to reports rule G–8(a)(ii) and customer specific or if such disclosure information is not directly from NYSE. Persons that information for each enrolled employee delivered in a timely manner. subscribe on or prior to October 1, 2003, required under rule G–8(a)(xi) (of which receive a 30-day waiver of the NYSE only information under items (A), (C), [FR Doc. 03–11998 Filed 5–13–03; 8:45 am] Broker Volume Web Service fee. (E) and (H) thereunder shall be required) BILLING CODE 8010–01–P * * * * * as it becomes available. A selling broker wishing to rely on the guidance II. Self-Regulatory Organization’s SECURITIES AND EXCHANGE provided in this notice also is required Statement of the Purpose of, and COMMISSION to record the name and principal Statutory Basis for, the Proposed Rule Change business address of any employer [Release No. 34–47813; File No. SR–NYSE– agreeing to participate in a workplace 2003–11] In its filing with the Commission, the marketing program, together with the Exchange included statements signature of an appropriate principal Self-Regulatory Organizations; Notice concerning the purpose of and basis for approving such agreement. Selling of Filing of Proposed Rule Change by the proposed rule change and discussed brokers are reminded that the the New York Stock Exchange, Inc. any comments it received on the conclusive reliance permitted by this Relating to NYSE Broker Volume Web proposed rule change. The text of these paragraph and the preceding paragraph Service statements may be examined at the is not available in the case of places specified in item IV below. The May 8, 2003. recommended transactions, in which Exchange has prepared summaries, set case the selling broker retains the Pursuant to section 19(b)(1) of the forth in sections A, B, and C below, of primary obligation to fulfill all customer Securities Exchange Act of 1934 1 2 the most significant aspects of such protection, disclosure, supervisory and (‘‘Act’’), and rule 19b–4 thereunder, statements. recordkeeping duties. notice is hereby given that on April 22, Dealers should note that none of the 2003, the New York Stock Exchange, A. Self-Regulatory Organization’s foregoing obviates the need for primary Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with Statement of the Purpose of, and distributors to fulfill all of their the Securities and Exchange Statutory Basis for, the Proposed Rule customer protection obligations under Commission (‘‘Commission’’) the Change MSRB rules where a selling broker is proposed rule change as described in 1. Purpose not otherwise required to fulfill such items I, II, and III below, which items obligations. Furthermore, if transactions have been prepared by the Exchange. The Exchange proposes to establish subsequent to the initial enrollment of The Commission is publishing this fees to make NYSE Broker Volume an employee in a workplace marketing notice to solicit comments on the information available via a new Web- program are effected directly between proposed rule change from interested based service (the ‘‘NYSE Broker the employee and the primary persons. Volume Web Service’’). Subscribers to this new service will be able to log-on distributor, the primary distributor I. Self-Regulatory Organization’s generally will have sole responsibility to the NYSE Web site Statement of the Terms of Substance of (www.nysedata.com) (‘‘Web site’’) and with respect to compliance with MSRB the Proposed Rule Change rules in connection with such receive formatted displays containing subsequent transactions, provided that The Exchange proposes to establish aggregate broker-dealer volume rankings the selling broker will be required to fees for its NYSE Broker Volume Web in NYSE-traded securities. NYSE record information regarding Service, a new service that allows produces these displays from NYSE’s subsequent transactions as required subscribers to view reports of broker electronic database of raw share volume under rule G–8(a)(ii) to the extent that share volume information that the NYSE information. NYSE creates that database it receives transaction-based produces from the NYSE Broker Volume from trades in NYSE-listed securities compensation for such transactions. Database. The text of the proposed rule that participating NYSE members Dealers also should note that, if change is below. Proposed new execute on NYSE (the ‘‘NYSE Broker employees make their purchases language is in italics. Volume Database’’). NYSE developed the NYSE Broker Volume Database to directly from the governmental issuer NYSE 2003 PRICE LIST (whether through the issuer’s own respond to requests from broker-dealers * * * * * and others. 17 Under these circumstances, the primary Vendors currently make broker distributor could be held responsible for any 1 15 U.S.C. 78s(b)(1). volume reports available without the failures to meet such supervisory obligations. 2 17 CFR 240.19b–4. use of the NYSE Broker Volume
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Database. They produce those services The Exchange will require each (B) Institute proceedings to determine from volume data that broker-dealers subscriber to execute a suitable whether the proposed rule change voluntarily provide. NYSE constituents subscriber agreement with the should be disapproved. have told NYSE that they do not find Exchange. The Exchange will not cap IV. Solicitation of Comments those reports sufficient and have asked the NYSE Broker Volume Web Service NYSE to distribute broker volume fees payable in respect of a subscriber, Interested persons are invited to information that reflects members’ as it does in respect of subscribers that submit written data, views and actual trading activity as reported to receive broker volume reports from a arguments concerning the foregoing, NYSE. In response, NYSE created the vendor. including whether the proposed rule NYSE Broker Volume Database and For any individual that first change is consistent with the Act. made that database available to vendors subscribes to the NYSE Broker Volume Persons making written submissions as an alternative to the databases that Web Service on or prior to October 1, should file six copies thereof with the vendors are creating for themselves. On 2003, NYSE will waive the NYSE Broker Secretary, Securities and Exchange November 12, 2002, NYSE filed a Volume Web Service fee for 30 days (the Commission, 450 Fifth Street, NW., proposed rule change 3 to establish fees ‘‘Free Trial Period’’). The Free Trial Washington, DC 20549–0609. Copies of for vendor access to the NYSE Broker Period will be applied on a rolling basis, the submission, all subsequent Volume Database and for vendor determined by the date on which NYSE amendments, all written statements distribution to subscribers of Broker first entitles a new individual subscriber with respect to the proposed rule Volume Reports that vendors generate or potential individual subscriber to change that are filed with the from the NYSE Broker Volume Database receive the NYSE Broker Volume Web Commission, and all written communications relating to the (the ‘‘2002 Filing’’). The 2002 Filing Service. A specific individual subscriber proposed rule change between the imposes a per-device subscriber fee that may only receive this fee waiver one Commission and any person, other than is subject to a per-subscriber monthly time. maximum that is reached when a those that may be withheld from the subscriber has 25 devices. 2. Statutory Basis public in accordance with the provisions of 5 U.S.C. 552, will be Pursuant to the 2002 Filing, vendors The NYSE believes the proposed rule available for inspection and copying in may redistribute information from the change is consistent with section 6(b)(4) the Commission’s Public Reference NYSE Broker Volume Database in the of the Act 4 because it provides for the Room. Copies of such filing will also be form of controlled displays of broker equitable allocation of reasonable dues, available for inspection and copying at volume reports. Vendors may display fees and other charges among its the principal office of the NYSE. All the reports according to their own members and other persons using its submissions should refer to file number preferences and styles and in the facilities. manner that they consider most useful SR-NYSE–2003–11 and should be to their subscribers. However, to date, B. Self-Regulatory Organization’s submitted by June 4, 2003. no vendors have taken advantage of the Statement on Burden on Competition For the Commission, by the Division of opportunity to access the NYSE Broker Market Regulation, pursuant to delegated The Exchange believes that the 5 Volume Database or to make reports proposal will not impose any burden on authority. generated from that database available competition that is not necessary or Margaret H. McFarland, to subscribers. Yet, NYSE continues to appropriate in furtherance of the Deputy Secretary. receive requests for broker volume purposes of the Act. [FR Doc. 03–11994 Filed 5–13–03; 8:45 am] information from its members and BILLING CODE 8010–01–P investors. C. Self-Regulatory Organization’s Accordingly, the Exchange proposes Statement on Comments on the to provide a NYSE Broker Volume Web Proposed Rule Change Received from SECURITIES AND EXCHANGE Service, which will allow market Members, Participants or Others COMMISSION participants to gain access to NYSE The Exchange has not solicited, and [Release No. 34–47819; File No. SR-Phlx- Broker Volume displays that NYSE does not intend to solicit, comments 2002–17] creates from the NYSE Broker Volume regarding the proposed rule change. The Database. NYSE will provide the NYSE Exchange has not received any Self-Regulatory Organizations; Broker Volume Web Service on a unsolicited written comments from Philadelphia Stock Exchange, Inc.; controlled display directly to members or other interested parties. Order Granting Approval of Proposed subscribers over the Web site. Rule Change and Amendment Nos. 1, The Exchange proposes to charge III. Date of Effectiveness of the 2, and 3 Thereto and Notice of Filing subscribers $300 per month for each Proposed Rule Change and Timing for of and Order Granting Accelerated user that has access to the NYSE Broker Commission Action Approval to Amendment Nos. 4, 5, 6, Volume Web Service. NYSE has Within 35 days of the date of and 7 Thereto Relating to Crossing, established a secure information display publication of this notice in the Federal Facilitation, and Solicited Orders and retrieval system through the Register or within such longer period (i) May 8, 2003. combined use of user IDs and as the Commission may designate up to passwords. Persons with access to NYSE 90 days of such date if it finds such I. Introduction Broker Volume displays through the longer period to be appropriate and On March 18, 2002, the Philadelphia NYSE Broker Volume Web Service will publishes its reasons for so finding or not be able to manipulate the Stock Exchange, Inc. (‘‘Phlx’’ or (ii) as to which the Exchange consents, ‘‘Exchange’’) filed with the Securities information contained in the displays or the Commission will: to redistribute the displays to others. and Exchange Commission (A) By order approve such proposed (‘‘Commission’’), pursuant to section rule change, or 3 Securities Exchange Act Release No. 46847 19(b)(1) of the Securities Exchange Act (November 19, 2002), 67 FR 70799 (November 26, 2002)(SR–NYSE–2002–61). 4 15 U.S.C. 78f(b)(4). 5 17 CFR 200.30–3(a)(12).
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of 1934 (‘‘Act’’) 1 and Rule 19b–4 originating firm from its own place at the market provided by the thereunder,2 a proposed rule change proprietary account.6 crowd, the floor broker would be relating to crossing, facilitation, and As explained by the Phlx, under the entitled to cross 20% of the contracts. solicited orders. On May 2, 2002, July current rule, a floor broker seeking to These entitlements would apply only 24, 2002, and August 20, 2002, Phlx cross buy and sell orders for the same with respect to any portion of the submitted Amendment Nos. 1, 2, and 3 options series must first bring the original order that remained after all to the proposed rule change, transaction to the trading floor and public customer orders in the limit respectively.3 On May 2, 2002, notice of request markets from the trading crowd order book and represented in the the proposed rule change, as amended for all components of the order. After trading crowd at the time the market by Amendment Nos. 1, 2, and 3, was providing the crowd with the was established were satisfied. 4 opportunity to make such markets, the published in the Federal Register. The The proposed rule change would Commission received no comments on floor broker must announce that he or she holds an order subject to crossing or apply to transactions in equity options the proposed rule change. On November and would initially apply to customer 6, 2002, February 25, 2003, March 19, facilitation, and then must propose a orders of a minimum size of 500 2003, and April 23, 2003, Phlx price at which to cross the original order contracts. The Exchange’s Options submitted Amendment Nos. 4, 5, 6, and that improves upon the price provided Committee would be authorized to 7 to the proposed rule change, by the crowd. However, before the floor determine, on an option by option basis, respectively.5 This notice and order broker can effect the cross, the the eligible size for an order that could solicits comment on Amendment Nos. registered options traders (‘‘ROTs’’) in 4, 5, 6, and 7 and approves the proposed the crowd are given the opportunity to be transacted pursuant to the proposal. rule change, as amended, on an take all or part of the transaction at the However, the eligible order size could accelerated basis. proposed price. not be less than 500 contracts. In the Under these rules, if the crowd does case of a complex order, such as a II. Description of Proposal not want to participate in the trade, the spread or a straddle, the proposed rule floor broker may proceed with the cross. change would require that at least one The proposed rule change would If the crowd wants to participate in part leg of such an order, standing alone, amend Phlx Rule 1064, ‘‘Crossing, of the order, however, the crowd has would need to meet the eligible size Facilitation and Solicited Orders,’’ priority and the floor broker may cross requirement. which governs the crossing of equity only that amount remaining after the The proposed rule change also option orders by floor brokers. Rule crowd has taken its portion. If the crowd provides that if the same member 1064, among other things, sets forth the wants to participate in the entire order, organization of the Exchange is both the procedures by which a floor broker who the floor broker will not be able to cross holds a customer order (‘‘original or facilitate any part of the order. originating firm and the specialist for order’’) may cross such order with either The Phlx proposes to adopt new the option in which the transaction another customer order or orders from Commentary .02 to Rule 1064 to entitle takes place, and the floor broker acting the same originating firm, or with a the floor broker, under certain on behalf of the originating firm crosses contra side order provided by the conditions, to cross a specified or facilitates under the proposed rule, percentage of an original order with the specialist would not be entitled to 1 15 U.S.C. 78s(b)(1). another customer order or orders, or any Enhanced Specialist Participation 2 17 CFR 240.19b–4. with an order of the originating firm, pursuant to Phlx Rule 1014(g) 8 with 3 See letters from Richard S. Rudolph, Director before ROTs in the crowd can respect to the particular cross and Counsel, Phlx, to Nancy J. Sanow, Assistant transaction. Director, Division of Market Regulation participate in the transaction. The (‘‘Division’’), Commission, dated May 1, 2002 percentage of the floor broker’s If the specialist is not the same (‘‘Amendment No. 1’’); and to Ira Brandriss, Special guarantee would depend upon whether member organization as the originating Counsel, Division, Commission, dated July 23, 2002 the price at which the order is (‘‘Amendment No. 2’’), and August 19, 2002 firm, and the trade takes at the (‘‘Amendment No. 3’’). ultimately traded is at the crowd’s best specialist’s disseminated bid or offer 4 See Securities Exchange Act Release No. 45824 bid or offer in response to the floor when the specialist is on parity with (April 25, 2002), 67 FR 22144 (‘‘Notice’’). broker’s initial request, or at an one or more controlled accounts, the 5 See letters from Richard S. Rudolph, Director improved price. specialist may be entitled to an and Counsel, Phlx, to Ira Brandriss, Special Where the floor broker proposes the Enhanced Specialist Participation, but Counsel, Division, Commission, dated November 5, cross at a price that improves the 2002 (‘‘Amendment No. 4’’), February 24, 2003 in no case would the specialist be crowd’s market, and the crowd then (‘‘Amendment No. 5’’), March 18, 2003 guaranteed a percentage that, when (‘‘Amendment No. 6’’), and April 22, 2003 wants to take part in some or all of the combined with the percentage crossed (‘‘Amendment No. 7’’). order at the improved price, the floor Amendment No. 4 replaced the text of the broker would be entitled to cross 40% by the floor broker, exceeds 40% of the proposed rule change with new text that made of the contracts.7 Where the trade takes original order after relevant public revisions to proposed Commentary .03. The text of customer orders have been satisfied. proposed Commentary .03 was further amended by Amendment Nos. 5, 6, and 7. As discussed infra, 6 When the contra side is provided by the the final text of proposed Commentary .03 as set originating firm from its own proprietary account, to cross 20% of the contracts. Telephone forth in Amendment No. 7 is intended to clarify the transaction is known as a ‘‘facilitation.’’ conversation between Richard S. Rudolph, Director that the provision would apply to any transaction 7 After the floor broker proposed to cross the and Counsel, Phlx, and Ira Brandriss, Special in which a floor broker is crossing a public order, he or she would be required again to give the Counsel, and Frank N. Genco, Attorney, Division, customer order with an order that is not a public crowd a reasonable opportunity to bid or offer for Commission, on November 21, 2002. customer order. the order. Telephone conversation between Richard 8 The Enhanced Specialist Participation programs In Amendment No. 6, Phlx also amended S. Rudolph, Director and Counsel, and Dawn Kelly in Phlx Rule 1014(g) allocate to the specialist, in proposed Commentary .02(i) to Phlx Rule 1064, as Reim, Market Surveillance Investigator, Phlx, and certain options classes, a greater than equal share discussed infra, to reflect that the proposed Ira Brandriss, Special Counsel, and Frank N. Genco, of the portion of the order that is divided among provision to entitle a floor broker to cross a certain Attorney, Division, Commission, on October 21, the specialist and any ‘‘controlled accounts’’ that percentage of a customer order with a facilitation 2002. If the crowd improved upon the floor broker’s are on parity. A ‘‘controlled account’’ is an account order from the originating firm would apply only price, and the floor broker then proposed to match controlled by or under common control with a to public customer orders, not all customer orders. the crowd’s price, the floor broker would be entitled broker-dealer.
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Other provisions of the proposed rule open markets.12 The Commission has between Phlx Rule 1064(b) and change are patterned after similar rules raised concerns, on the other hand, proposed Commentary .02. on other exchanges.9 about participation guarantees that The Commission also finds good Amendment No. 6 to the proposed ‘‘lock up’’ a larger percentage of an cause for accelerating approval of rule change specifies that the provisions order, and thereby reduce the number of Amendment No. 7 to the proposed rule of Commentary .02 to permit the floor contracts for which the trading crowd change. Amendment No. 7 would broker to cross a specified percentage of can compete.13 The proposed rule amend the text of proposed an original order with a facilitation change guarantees an allocation of no Commentary .03 to state that a floor order of the originating firm would more than 40% of an order to a member broker crossing a public customer order apply where the original order is a firm seeking to facilitate an order. with an order that is not a public public customer order. Moreover, the proposal includes a customer order, when providing for a The Exchange further proposes to provision that limits the number of reasonable opportunity for the trading adopt Commentary .03 to Phlx Rule contracts to be allocated to the crowd to participate in the transaction, 1064. As set forth in Amendment No. 7 facilitating firm and the specialist in the shall disclose the public customer order to the proposed rule change, aggregate to no more than 40% of the that is subject to crossing prior to the execution of the order. As discussed in Commentary .03 would state that a floor order. The rule for which the Phlx seeks the Notice, the Phlx believes that ‘‘[i]f broker crossing a public customer order approval is consistent with the the customer order is disclosed first, the with an order that is not a public Commission’s position with respect to trading crowd may be more likely to bid customer order, when providing a participation guarantees. reasonable opportunity for the trading or offer competitively as contra side to crowd to participate in the transaction, The Commission finds good cause for that customer’s order, thus benefiting must disclose the public customer order granting accelerated approval of the customer.’’ As originally proposed, that is subject to crossing prior to the Amendment Nos. 4, 5, 6, and 7 to the Commentary .03, referred only to execution of the order. proposed rule change. Amendment No. facilitation orders. Amendment No. 7 4 restated the text of the proposed rule establishes that the provision would III. Discussion change as set forth in the Notice, and apply to all crossing transactions in The Commission finds that the made revisions only to Commentary .03. which the floor broker is crossing a proposed rule change is consistent with Amendment Nos. 5 and 6 also revised public customer order with an order the requirements of the Act and the proposed Commentary .03. To the that is not a public customer order.15 rules and regulations thereunder extent that the revisions made by these The Commission believes that it is applicable to a national securities amendments were retained in the final appropriate to accelerate approval of exchange. Specifically, the Commission version of proposed Commentary .03 set Amendment No. 7. finds that the proposal is consistent forth in Amendment No. 7, they are Accordingly, the Commission finds with the requirements of sections 6(b)(5) discussed below. that good cause exists, consistent with 10 sections 6(b)(5) and 19(b)(2) of the of the Act that the rules of an Amendment No. 6 also amended Act,16 to grant accelerated approval of exchange, among other things, be proposed Commentary .02 to establish Amendment Nos. 4, 5, 6, and 7 to the designed to promote just and equitable that the member firm participation principles of trade, to remove proposed rule change prior to the guarantee would apply only when the thirtieth day after publication in the impediments to and perfect the floor broker is seeking to cross a mechanisms of a free and open market Federal Register. facilitation order from the member firm and a national market system, and, in with a public customer order. The IV. Solicitation of Comments general, to protect investors and the Commission notes that Phlx Rule public interest.11 Interested persons are invited to 1064(b), governing facilitation crosses, The Commission believes that Phlx’s submit written data, views and refers specifically to transactions in proposal to grant crossing guarantees arguments concerning Amendment Nos. and participation rights to member firms which a floor broker is holding an 4, 5, 6 and 7, including whether seeking to execute crosses on the options order for a public customer that Amendment Nos. 4, 5, 6 and 7 are Exchange, under the proposed he or she is seeking to cross with a consistent with the Act. Persons making conditions, is reasonable. As noted contra side order. The text of proposed written submissions should file six above, other options exchanges have new Commentary .02 as originally copies thereof with the Secretary, similar rules, and the proposed rule submitted also referred to the Securities and Exchange Commission, change should enable Phlx to compete facilitation of a public customer order. 450 Fifth Street NW., Washington, DC with these exchanges in attracting order Although in an earlier amendment the 20549–0609. Copies of the submission, flow of broker-dealer firms seeking to Exchange deleted the word ‘‘public’’ all subsequent amendments, all written cross or facilitate customer orders. from proposed Commentary .02,14 the statements with respect to Amendment The Commission notes that, in Exchange has now determined to restore Nos. 4, 5, 6, and 7 that are filed with the approving member firm participation the term. The Commission believes that Commission, and all written rights and other guaranteed this change is reasonable and also communications relating to these participations in the past, it has found eliminates a possible inconsistency amendments between the Commission that rules entitling a market participant and any person, other than those that or participants to up to 40% of an order 12 See, e.g., Securities Exchange Act Release Nos. may be withheld from the public in are not inconsistent with the statutory 42455 (February 24, 2000), 65 FR 11388 (March 2, 2000); 42894 (June 2, 2000), 65 FR 36850 (June 12, 15 Commentary .03 also was amended by the Phlx standards of competition and free and 2000); 42835 (May 26, 2000), 65 FR 35683 (June 5, to distinguish the disclosure requirement of 2000); 42848 (May 26, 2000), 65 FR 36206 (June 7, proposed Commentary .03 from the provision of 9 See Notice. 2000). proposed Commentary .02(iv) requiring the floor 10 15 U.S.C. 78f(b)(5). 13 See, e.g., Securities Exchange Act Release No. broker to disclose all components of the customer 11 In approving the proposal, the Commission has 43100 (July 31, 2000), 65 FR 48778 (August 9, order initially, before requesting that the trading considered its impact on efficiency, competition, 2000). crowd provide its market. and capital formation. 15 U.S.C. 78c(f). 14 See Amendment No. 2. 16 15 U.S.C. 78f(b)(5) and 78s(b)(2).
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accordance with the provisions of 5 discussion, subject to the instructions of comments from the public concerning U.S.C. 552, will be available for the Chair. Admittance of public the issues raised in this dispute. inspection and copying in the members will be limited to the seating DATES: Athough USTR will accept any Commission’s Public Reference Room. available. Access to the State comments received during the course of Copies of such filing will also be Department is controlled, and the dispute settlement proceedings, available for inspection and copying at individual building passes are required comments should be submitted on or the principal office of the Exchange. All for all attendees. Persons who plan to before June 30, 2003 to be assured of submissions should refer to File No. attend should so advise Dr. Keith D. timely consideration by USTR. SR–Phlx–2002–17 and should be Miller, Department of State, Office of ADDRESSES: Comments should be submitted by June 4, 2003. Overseas Schools, Room H328, SA–1, submitted (i) electronically, to V. Conclusion Washington, DC 20522–0132, telephone [email protected], Attn: ‘‘Lumber Injury 202–261–8200, prior to June 2, 2003. Dispute’’ in the subject line, or (ii) by It is therefore ordered, pursuant to Each visitor will be asked to provide a 17 fax, to Sandy KcKinzy at (202) 395– section 19(b)(2) of the Act, that the date of birth and Social Security number 3640, with a confirmation copy sent proposed rule change (File No. SR– at the time of registration and electronically to the e-mail address Phlx–2002–17), as amended, is hereby attendance and must carry a valid photo above. approved. ID to the meeting. All attendees must FOR FURTHER INFORMATION CONTACT: For the Commission, by the Division of use the C Street entrance to the Theodore R. Posner, Assistant General Market Regulation, pursuant to delegated building. authority.18 Counsel, Office of the United States Dated: May 7, 2003. Margaret H. McFarland, Trade Representative, 600 17th Street, Keith D. Miller, NW., Washington, DC 20508, (202) 395– Deputy Secretary. Executive Secretary, Overseas Schools 3582. [FR Doc. 03–11996 Filed 5–13–03; 8:45 am] Advisory Council, Department of State. SUPPLEMENTARY INFORMATION: Pursuant BILLING CODE 8010–01–P [FR Doc. 03–12006 Filed 5–13–03; 8:45 am] to section 127(b) of the Uruguay Round BILLING CODE 4710–24–P Agreements Act (‘‘URAA’’) (19 U.S.C. 3537(b)(1)), USTR is providing notice DEPARTMENT OF STATE that on April 3, 2003, the Government [Public Notice 4347] of Canada submitted a request for OFFICE OF THE UNITED STATES establishment of a dispute settlement TRADE REPRESENTATIVE Overseas Schools Advisory Council panel to examine the U.S. International Notice of Meeting [Docket No. WTO/DS–277] Trade Commission (‘‘ITC’’) final The Overseas Schools Advisory determination that an industry in the Council, Department of State, will hold WTO Dispute Settlement Proceeding United States is threatened with its Annual Meeting on Thursday, June Regarding the United States material injury by reason of imports of 12, 2003, in the Bureau of International Trade Commission Final softwood lumber from Canada Administration Conference Room 6320, Determination of Threat of Material determined by the U.S. Department of Department of State Building, 2201 C Injury in the Investigation Concerning Commerce to have been subsidized and Street, NW., Washington, DC. The Certain Softwood Lumber From sold in the United States at less than fair meeting will take place from 9:30 a.m. Canada value. to 12 p.m. and is open to the public. AGENCY: Office of the United States Major Issues Raised and Legal Basis of The Overseas Schools Advisory the Complaint Council works closely with the U.S. International Trade Representative. business community in improving ACTION: Notice; request for comments. In its determination of May 16, 2002, American-sponsored schools overseas, published in the Federal Register on SUMMARY: The Office of the United which are assisted by the Department of May 22, 2002, the ITC found that State and which are attended by States International Trade imports of softwood lumber from dependents of U.S. Government families Representative (‘‘USTR’’) is providing Canada that the U.S. Department of and children of employees of U.S. notice of the request by the Government Commerce found to be subsidized and corporations and foundations abroad. of Canada for the establishment of a sold at less than fair value threatened an This meeting will deal with issues dispute settlement panel under the industry in the United States with related to the work and the support Marrakesh Agreement Establishing the material injury. The reasons for the provided by the Overseas Schools World Trade Organization (‘‘WTO ITC’s determination are set forth in Advisory Council to the American- Agreement’’) to examine the USITC Publication No. 3509 (May sponsored overseas schools. The agenda International Trade Commission (‘‘ITC’’) 2002). includes a review of the recent activities final determination of threat of material By letter dated December 20, 2002, of American-sponsored overseas schools injury with respect to certain softwood Canada requested consultations with the and the overseas schools regional lumber from Canada. United States under the WTO Dispute associations, a progress report on The request for the establishment of a Settlement Understanding regarding the projects selected for the annual Program panel alleges that the ITC’s ITC’s determination. Consultations were of Educational Assistance, and a determination is inconsistent with held on January 22, 2003. presentation on the Council’s project to various provisions of the General In its request for the establishment of develop a video tape for U.S. Agreement on Tariffs and Trade 1994 a panel, Canada alleges that the United corporations on the Council’s activities. (‘‘GATT 1994’’), the Agreement on States has violated Article VI:6(a) of the Members of the general public may Implementation of Article VI of GATT GATT 1994; Articles 1, 3.1, 3.2, 3.4, 3.5, attend the meeting and join in the 1994 (‘‘Anti-dumping Agreement’’), and 3.7, 3.8, 12.2, 12.2.2, and 18.1 of the the Agreement on Subsidies and Anti-dumping Agreement; and Articles 17 15 U.S.C. 78s(b)(2). Countervailing Measures (‘‘SCM 10, 15.1, 15.2, 15.4, 15.5, 15.7, 15.8, 18 17 CFR 200.30–3(a)(12). Agreement’’). USTR invites written 22.3, 22.5 and 32.1 of the SCM
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Agreement. Canada alleges that these that person be treated as confidential OFFICE OF THE UNITED STATES violations stem from certain errors in business information must certify that TRADE REPRESENTATIVE the ITC’s determination. In particular, such information is business [Docket No. WTO/DS–250] Canada claims that the ITC: confidential and would not customarily 1. Failed to objectively evaluate the be released to the public by the WTO Dispute Settlement Proceeding volume of dumped and subsidized submitter. Confidential business Regarding United States—Equalizing imports from Canada, their impact on information must be clearly marked Excise Tax Imposed by Florida on prices in the United States, and their ‘‘BUSINESS CONFIDENTIAL’’ at the top Processed Orange and Grapefruit impact on the U.S. industry; and bottom of the cover page and each Products 2. Failed to objectively evaluate injury succeeding page of the submission. or threat of injury to the U.S. industry AGENCY: Office of the United States caused by factors other than dumped Information or advice contained in a Trade Representative. and subsidized imports, and to ensure comment submitted, other than business ACTION: Notice; request for comments. that the impact of those factors was not confidential information, may be attributed to dumped and subsidized determined by USTR to be confidential SUMMARY: The Office of the United imports; in accordance with section 135(g)(2) of States Trade Representative (‘‘USTR’’) is 3. Improperly determined that the Trade Act of 1974 (19 U.S.C. providing notice of the request by the increased dumped and subsidized 2155(g)(2)). If the submitting person Government of the Federative Republic imports were imminent and were likely believes that information or advice may of Brazil for the establishment of a dispute settlement panel under the to exacerbate price pressure, which qualify as such, the submitting person— would materially injure the U.S. Marrakesh Agreement Establishing the industry; (1) Must so designate the information World Trade Organization (‘‘WTO 4. Failed to properly evaluate a or advice; Agreement’’) to examine the equalizing variety of factors that it should have (2) Must clearly mark the material as excise tax imposed by Florida on evaluated in reaching a conclusion of ‘‘SUBMITTED IN CONFIDENCE’’ at the processed orange and processed threatened material injury; top and bottom of the cover page and grapefruit products pursuant to Section 5. Failed to accord ‘‘special care’’ to each succeeding page of the submission; 601.155 of the Florida Statutes. Brazil its determination of threatened material and alleges that Florida’s equalizing excise injury; tax is inconsistent with the obligations 6. Failed to set forth sufficient detail (3) Is encouraged to provide a non- of the United States under the General in its report regarding its findings and confidential summary of the Agreement on Tariffs and Trade 1994 conclusions, including all relevant information or advice. (‘‘GATT 1994’’). USTR invites written information and all considerations Pursuant to section 127(e) of the comment from the public concerning relevant to its threatened material injury URAA (19 U.S.C. 3537(e)), USTR will the issues raised in this dispute. determination; and maintain a file on this dispute DATES: Although USTR will accept any 7. Failed to satisfy the requirements of settlement proceeding, accessible to the comments received during the course of Article 3 of the Anti-dumping public, in the USTR Reading Room, the dispute settlement proceedings, Agreement and Article 15 of the SCM which is located at 1724 F Street, NW., comments should be submitted on or Agreement. Washington, DC 20508. The public file before July 1, 2003 to be assured of Public Comment: Requirements for will include non-confidential comments timely consideration by USTR. Submissions received by USTR from the public with ADDRESSES: Comments should be submitted (i) electronically, to Interested persons are invited to respect to the dispute; the U.S. [email protected], with ‘‘DS250’’ in the submit written comments concerning submissions to the panel in the dispute, subject line, or (ii) by mail, to Sandy the issues raised in Canada’s request for the submissions, or non-confidential McKinzy, Monitoring and Enforcement consultations. Persons submitting summaries of submissions, to the panel Unit, Office of the General Counsel, comments may either send one copy by received from other participants in the Room 122, Office of the United States fax to Sandy McKinzy at (202) 395– dispute, as well as the report of the Trade Representative, 600 17th Street, 3640, or transmit a copy electronically panel; and, if applicable, the report of NW., Washington, DC 20508, Attn: to [email protected], with ‘‘Lumber Injury the Appellate Body. An appointment to DS250 Dispute, with a confirmation Dispute’’ in the subject line. For review the public file may be made by copy sent electronically to the e-mail documents sent by fax, USTR requests calling the USTR Reading Room at (202) address above or by fax to (202) 395– that the submitter provide a 395–6186. The USTR Reading Room is 3640. confirmation copy electronically. USTR open to the public from 9:30 a.m. to 12 encourages the submission of noon and 1 p.m. to 4 p.m., Monday FOR FURTHER INFORMATION CONTACT: documents in Adobe PDF format, as through Friday. Stanford K. McCoy, Assistant General attachments to an electronic mail. Counsel, Office of the United States Interested persons who make Daniel E. Brinza, Trade Representative, 600 17th Street, submissions by electronic mail should Assistant United States Trade Representative NW., Washington, DC 20508, (202) 395– not provide separate cover letters; for Monitoring and Enforcement. 3581. information that might appear in a cover [FR Doc. 03–12036 Filed 5–13–03; 8:45 am] SUPPLEMENTARY INFORMATION: Pursuant letter should be included in the BILLING CODE 3190–01–M to section 127(b) of the Uruguay Round submission itself. Similarly, to the Agreements Act (‘‘URAA’’) (19 U.S.C. extent possible, any attachments to the 3537(b)(1)), USTR is providing notice submission should be included in the that, on August 19, 2002, the United same file as the submission itself, and States received a request from the not as separate files. Government of the Federative Republic A person requesting that information of Brazil for the establishment of a WTO contained in a comment submitted by dispute settlement panel to examine the
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equalizing excise tax imposed by letter should be included in the DEPARTMENT OF TRANSPORTATION Florida on processed orange and submission itself. Similarly, to the processed grapefruit products pursuant extent possible, any attachments to the Surface Transportation Board to Section 601.155 of the Florida submission should be included in the [STB Finance Docket No. 34339] Statutes. The panel was established on same file as the submission itself, and October 1, 2002. Chile, the European not as separate files. Huron & Eastern Railway Company, Communities (‘‘EC’’), Mexico, and A person requesting that information Inc.-Corporate Family Merger Paraguay have notified the WTO of their contained in a comment submitted by Exemption-Saginaw Valley Railway intention to participate as third parties. that person be treated as confidential Company, Inc. Major Issues Raised and Legal Basis of business information must certify that Huron & Eastern Railway Company, the Complaint such information is business Inc. (HESR)1 and the Saginaw Valley Brazil alleges that the equalizing confidential and would not customarily Railway Company, Inc. (SGVY),2 both of excise tax imposed by the State of be released to the public by the which are subsidiaries of RailAmerica, Florida pursuant to Section 601.155 of submitter. Confidential business Inc., have filed a verified notice of the Florida Statutes, as amended information must be clearly marked exemption with respect to a proposed effective July 1, 2002, is inconsistent ‘‘BUSINESS CONFIDENTIAL’’ at the top corporate restructuring, through which with certain obligations of the United and bottom of the cover page and each SGVY will merge into HESR, with HESR States under GATT 1994. Brazil asserts succeeding page of the submission. as the surviving entity. Under the that Section 601.155 levies an excise tax Information or advice contained in a agreement and plan of merger, HESR on the privilege of processing, comment submitted, other than business will own all of the assets of SGVY and reprocessing, blending, or mixing confidential information, may be will be responsible for all debts, processed orange products or processed determined by USTR to be confidential liabilities, and obligations of SGVY. grapefruit products into retail or in accordance with section 135(b)(2) of The transaction was scheduled to be instituted size containers in Florida. the Trade Act of 1974 (19 U.S.C. consummated on or after April 21, 2003, Products on which an equivalent tax is 2155(g)(2)). If the submitting person the effective date of the exemption (7 levied pursuant to § 601.15 of the believes that information or advice may days after the exemption was filed). Florida Statutes are exempt from the tax qualify as such, the submitting person— The purpose of the transaction is to imposed by § 601.155. Brazil asserts that reduce corporate overhead and (1) Must so designate the information the Florida equalizing excise tax is duplication and save state taxes. or advice; inconsistent with United States This is a transaction within a obligations under Articles III:1, III:2 and (2) Must clearly mark the material as corporate family of the type specifically III:4 of GATT 1994. ‘‘SUBMITTED IN CONFIDENCE’’ at the exempted from prior review and Specifically, Brazil alleges, inter alia, top and bottom of the cover page and approval under 49 CFR 1180.2(d)(3). that the equalizing excise tax (a) is each succeeding page of the submission; The parties state that the transaction applied to the Brazilian product so as to and will not result in adverse changes in afford production; (b) exceeds internal (3) Is encouraged to provide a non- service levels, significant operational taxes and charges applied to like confidential summary of the changes, or a change in the competitive domestic products; and (c) accords information or advice. balance with carriers outside the Brazilian products treatment less corporate family. favorable than that accorded to like Pursuant to section 127(e) of the Under 49 U.S.C. 10502(g), the Board products of U.S. origin, particularly in URAA (19 U.S.C. 3537(e)), USTR will may not use its exemption authority to regard to the use of the proceeds of the maintain a file on this dispute relieve a rail carrier of its statutory equalizing excise tax for advertising and settlement proceeding, accessible to the obligation to protect the interests of its promotion of Florida citrus and citrus public, in the USTR Reading Room, employees. Section 11326(c), however, products. which is located at 1724 F Street, NW., does not provide for labor protection for Washington, DC 20508. The public file transactions under sections 11324 and Public Comment: Requirements for will include non-confidential comments 11325 that involve only Class III rail Submissions received by USTR from the public with carriers. Because this transaction Interested persons are invited to respect to the dispute; the U.S. involves Class III rail carriers only, the submit written comments concerning submissions to the panel in the dispute, Board, under that statute, may not the issues raised in the dispute. Persons the submissions, or non-confidential impose labor protective conditions for submitting comments may either send summaries of submissions, to the panel this transaction. one copy by U.S. mail, first class, received from other participants in the If the notice contains false or postage prepaid, to Sandy McKinzy at dispute, as well as the report of the misleading information, the exemption the address listed above or transmit a panel; and, if applicable, the report of is void ab initio. Petitions to revoke the copy electronically to [email protected], the Appellate Body. An appointment to exemption under 49 U.S.C. 10502(d) with ‘‘DS250’’ in the subject line. For review the public file may be made by may be filed at any time. The filing of documents sent by U.S. mail, the calling the USTR Reading Room at (202) a petition to revoke will not submitter should provide a confirmation 395–6186. The USTR Reading Room is automatically stay the transaction. copy, either electronically or by fax to open to the public from 9:30 a.m. to 12 An original and 10 copies of all (202) 395–3640. noon and 1 p.m. to 4 p.m., Monday pleadings, referring to STB Finance USTR encourages the submission of through Friday. Docket No. 34339 must be filed with the documents in Adobe PDF format, as Daniel E. Brinza, attachments to an electronic mail. 1 HESR, a Class III rail carrier, owns and operates Interested persons who make Assistant United States Trade Representative approximately 171 miles of railroad in the State of for Monitoring and Enforcement. Michigan. submissions by electronic mail should [FR Doc. 03–12037 Filed 5–13–03; 8:45 am] 2 SGVY, a Class III rail carrier, owns and operates not provide separate cover letters; approximately 56.72 miles of railroad in the State information that might appear in a cover BILLING CODE 3190–01–M of Michigan.
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Surface Transportation Board, 1925 K Learning about the law or the form—1 elections by family members who make Street, NW., Washington, DC 20423– hr., 33 min. gifts of common stock or partnership 0001. In addition, a copy of each Preparing the form—2 hr., 39 min. interests and retain senior interests. The pleading must be served on Louis E. Copying, assembling, and sending the elections affect the value of the gifted Gitomer, Of Counsel, BALL JANIK LLP, form to the IRS—16 min. interests and the retained interests. 1455 F Street, NW., Suite 225, Frequency of Response: Annually. Respondents: Individuals or Washington, DC 20005. Estimated Total Reporting/ households. Board decisions and notices are Recordkeeping Burden: 11,048,280 Estimated Number of Respondents: available on our Web site at hours. 1,200. www.stb.dot.gov. Estimated Burden Hours Per OMB Number: 1545–0887. Respondent: 25 minutes. Decided: May 8, 2003. Form Number: IRS Form 8281. Frequency of Response: Other (one- By the Board, David M. Konschnik, Type of Review: Extension. time election). Director, Office of Proceedings. Title: Information Return for Publicly Estimated Total Reporting Burden: Vernon A. Williams, Offered Original Issue Discount 496 hours. Secretary. Instruments. [FR Doc. 03–12002 Filed 5–13–03; 8:45 am] Description: Form 8281 is filed by the OMB Number: 1545–1260. Regulation Project Number: CO–62– BILLING CODE 4915–01–P issuer of a publicly offered debt instrument having Original Issue 89 Final. Discount (OID). The information is used Type of Review: Extension. Title: Final Regulations Under Section DEPARTMENT OF THE TREASURY to update Publication 1212, ‘‘List of Original Issue Discount Instruments.’’ 382 of the Internal Revenue Code of Submission for OMB Review; Respondents: Business or other for- 1986; Limitations on Corporate Net Comment Request profit. Operating Loss Carryforwards. Estimated Number of Respondents/ Description: The reporting May 8, 2003. Recordkeepers: 500. requirement concerns the election a The Department of the Treasury has Estimated Burden Hours Per taxpayer may make to treat as the submitted the following public Respondent/Recordkeeper: change date the effective date of a plan of reorganization in a title II or similar information collection requirement(s) to Recordkeeping—5 hr., 1 min. case rather than the confirmation date of OMB for review and clearance under the Learning about the law or the form—30 a plan. Paperwork Reduction Act of 1995, Pub. min. Respondents: Business or other for- L. 104–13. Copies of the submission(s) Preparing, copying, assembling and profit. may be obtained by calling the Treasury sending the form to the IRS—36 min. Bureau Clearance Officer listed. Estimated Number of Respondents: Frequency of Response: On occasion, Comments regarding this information 10. annually. collection should be addressed to the Estimated Burden Hours Per Estimated Total Reporting/ OMB reviewer listed and to the Respondent: 1 hour. Recordkeeping Burden: 3,060 hours. Treasury Department Clearance Officer, Frequency of Response: Other (once). Department of the Treasury, Room OMB Number: 1545–1131. Estimated Total Reporting Burden: 1 11000, 1750 Pennsylvania Avenue, Regulation Project Number: INTL– hour. NW., Washington, DC 20220. 485–89 Final. OMB Number: 1545–1344. Dates: Written comments should be Type of Review: Extension. Regulation Project Number: CO–30– received on or before June 13, 2003, to Title: Taxation of Gain or Loss from 92 Final. be assured of consideration. Certain Nonfunctional Currency Type of Review: Extension. Transactions (Section 988 Transactions). Title: Consolidated Returns—Stock Internal Revenue Service (IRS) Description: Sections 988(c)(1)(D) and Basis and Excess Loss Accounts, OMB Number: 1545–0233. (E) require taxpayers to make certain Earnings and Profits, Absorption of Form Number: IRS Form 7004. elections which determine whether Deductions and Losses, Joining and Type of Review: Extension. section 988 applies. In addition sections Leaving Consolidated Groups, Title: Application for Automatic 988(a)(1)(B) and 988(d) require Worthless Stock Loss, Non-applicability Extension of Time to File Corporation taxpayers to identify transactions which of Section 357(c). Income Tax Return. generate capital gain or loss or which Description: The reporting Description: Form 7004 is used by are hedges of other transactions. requirements affect consolidated corporations and certain non-profit Respondents: Business or other for- taxpayers who will be making elections institutions to request an automatic 6- profit, individuals or households. (if made) to treat certain loss carryovers month extension of time to file their Estimated Number of Respondents/ as expiring and an election (if made) income tax returns. The information is Recordkeepers: 5,000. allocating items between returns. The needed by IRS to determine whether Estimated Burden Hours Per information will facilitate enforcement Form 7004 was timely filed so as not to Respondent/Recordkeeper: 40 minutes. of consolidated return regulations. impose a late filing penalty in error and Frequency of Response: Annually. Respondents: Business or other for- also to insure that the proper amount of Estimated Total Reporting/ profit. tax was computed and deposited. Recordkeeping Burden: 3,333 hours. Estimated Number of Respondents: Respondents: Business or other for- OMB Number: 1545–1241. 52,049. profit, not-for-profit institutions. Regulation Project Number: PS–92–90 Estimated Burden Hours Per Estimated Number of Respondents/ Final. Respondent: 45 minutes. Recordkeepers: 1,081,045. Type of Review: Extension. Frequency of Response: On occasion. Estimated Burden Hours Per Title: Special Valuation Rules. Estimated Total Reporting Burden: Respondent/Recordkeeper: Description: Section 2701 of the 18,600 hours. Recordkeeping—5 hr., 44 min. Internal Revenue Code allows various OMB Number: 1545–1426.
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Regulation Project Number: INTL–21– DEPARTMENT OF THE TREASURY medals, and national and other medals 91 Temporary and Final. produced by the United States Mint; United States Mint Type of Review: Extension. • Advise the Secretary of the Title: Section 6662—Imposition of the Accuracy-Related Penalty. ACTION: Notification of CCAC public Treasury with regard to the events, Description: These regulations meeting. persons, or places that the Committee provide guidance about substantial and recommends to be commemorated by gross valuation misstatements as SUMMARY: Pursuant to Public Law 108– the issuance of commemorative coins in defined in section 6662(e) and 6662(h). 15, enacted on April 23, 2003, the each of the five calendar years They also provide guidance about the United States Mint announces the first succeeding the year in which a reasonable cause and good faith Citizens Coinage Advisory Committee commemorative coin designation is exclusion. The regulations apply to (CCAC) bi-monthly meeting. This made; and meeting is open to the public. The taxpayers who have transactions • Make recommendations with purpose of this meeting is to conduct between persons described in section respect to the mintage level for any business associated with the CCAC’s 482 and net section 482 transfer price commemorative coin recommended. adjustments. responsibility to advise the Secretary of Respondents: Business or other for- the Treasury on designs pertaining to FOR FURTHER INFORMATION CONTACT: profit. the coinage of the United States and for Melody Grimm, United States Mint Estimated Number of Respondents/ other purposes. Liaison to the CCAC, 801 Ninth Street, Recordkeepers: 2,500. Date: May 15, 2003. NW., Washington, DC 20220, or call Estimated Burden Hours Per Time: 9 a.m. to 11 a.m. 202–354–7606. Respondent/Recordkeeper: 8 hours, 3 Location: United States Mint, 801 Any member of the public interested minutes. Ninth St., NW., Washington, DC in submitting matters for the CCAC’s Frequency of Response: Annually, Treasury Executive Institute Conference consideration is invited to submit them other (one-time only). Room—1st floor. Estimated Total Reporting/ by fax to the following number: 202– Subject: Consider 5-cent coin designs, Recordkeeping Burden: 20,125 hours. 756–6424. Clearance Officer: Glenn Kirkland, state commemorative quarter-dollar coin (202) 622–3428, Internal Revenue designs, and other business. Authority: Public Law 108–15 (April 23, 2003). Service, Room 6411–03, 1111 The meeting completion time may be Constitution Avenue, NW., Washington, extended to accommodate additional Dated: May 9, 2003. business that must be conducted. DC 20224. Henrietta Holsman Fore, Interested persons should call 202–354– Reviewer: Joseph F. Lackey, Jr., (202) Director, United States Mint. 395–7316, Office of Management and 7502 for the latest update on meeting [FR Doc. 03–12066 Filed 5–13–03; 8:45 am] Budget, Room 10235, New Executive time and location. Office Building, Washington, DC 20503. Public Law 108–15 established the BILLING CODE 4810–37–P CCAC to: Mary A. Able, • Advise the Secretary of the Departmental Reports Management Officer. Treasury on any theme or design [FR Doc. 03–11999 Filed 5–13–03; 8:45 am] proposals relating to circulating coinage, BILLING CODE 4830–01–P bullion coinage, Congressional gold
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Part II
Department of the Interior Fish and Wildlife Service
50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for 60 Plant Species from the Islands of Maui and Kahoolawe, HI; Final Rule
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DEPARTMENT OF THE INTERIOR 37,717 hectares (ha) (93,200 acres (ac)) of this final rule will be available for of land on the island of Maui and 1,180 public inspection, by appointment, Fish and Wildlife Service ha (2,915 ac) of land on the island of during normal business hours at U.S. Kahoolawe fall within the boundaries of Fish and Wildlife Service, Pacific 50 CFR Part 17 the 139 critical habitat units designated Islands Office, 300 Ala Moana Blvd., RIN 1018–AH70 for the 60 species. This critical habitat Room 3–122, P.O. Box 50088, Honolulu, designation requires the Service to HI 96850–0001. Endangered and Threatened Wildlife consult under section 7 of the Act with and Plants; Designation of Critical regard to actions carried out, funded, or FOR FURTHER INFORMATION CONTACT: Paul Habitat for 60 Plant Species from the authorized by a Federal agency. Section Henson, Field Supervisor, Pacific Islands of Maui and Kahoolawe, HI 4 of the Act requires us to consider Islands Office at the above address economic and other relevant impacts (telephone 808/541–3441; facsimile AGENCY: Fish and Wildlife Service, when specifying any particular area as 808/541–3470). Interior. critical habitat. We solicited data and SUPPLEMENTARY INFORMATION: ACTION: Final rule. comments from the public on all aspects of the proposed rule, including data on SUMMARY: We, the U.S. Fish and Background economic and other impacts of the Wildlife Service (Service), designate designation. In the List of Endangered and critical habitat pursuant to the Threatened Plants (50 CFR 17.12(h)), Endangered Species Act of 1973, as DATES: This rule becomes effective on amended (Act), for 60 of 70 listed plant June 13, 2003. there are 70 plant species that, at the time of listing, were reported from the species known historically from the ADDRESSES: Comments and materials Hawaiian islands of Maui and received, as well as supporting islands of Maui and/or Kahoolawe Kahoolawe. A total of approximately documentation, used in the preparation (Table 1).
TABLE 1.—SUMMARY OF ISLAND DISTRIBUTION OF 70 SPECIES FROM MAUI AND KAHOOLAWE
Island distribution Species (common name) NW Isles, Kauai Oahu Molokai Lanai Maui Hawaii Kahoolawe, Niihau
Acaena exigua (liliwai) ...... H ...... H ...... Adenophorus periens (pendent kihi C C C R R C fern). Alectryon macrococcus (mahoe) ...... C C C ...... C ...... Argyroxiphium sandwicense ssp...... C ...... macrocephalum (ahinahina). Asplenium fragile var. insulare (NCN) ...... C C Bidens micrantha ssp. kalealaha ...... H C ...... (kookoolau). Bonamia menziesii (NCN) ...... C C H C C C Brighamia rockii (pua ala)...... C H H ...... Cenchrus agrimonioides (kamanomano) ...... C ...... H C R NW Isles (H) Centaurium sebaeoides (awiwi) ...... C C C C C ...... Clermontia lindseyana (oha wai) ...... C C Clermontia oblongifolia ssp. mauiensis ...... C C ...... (oha wai). Clermontia peleana (oha wai) ...... H C Clermontia samuelii (oha wai) ...... C ...... Colubrina oppositifolia (kauila) ...... C ...... C C Ctenitis squamigera (pauoa) ...... H C C C C H Cyanea copelandii ssp. haleakalaensis ...... C ...... (haha). Cyanea glabra (haha) ...... C ...... Cyanea grimesiana ssp. grimesiana ...... C C C C ...... (haha). Cyanea hamatiflora ssp. hamatiflora ...... C ...... (haha). Cyanea lobata (haha) ...... H C ...... Cyanea mceldowneyi (haha) ...... C ...... Cyrtandra munroi (haiwale) ...... C C ...... Delissea undulata (NCN) ...... C ...... H C Ni (H) Diellia erecta (asplenium-leaved diellia) H H C H C C Diplazium molokaiense (NCN) ...... H H H H C ...... Dubautia plantaginea ssp. humilis ...... C ...... (naenae). Flueggea neowawraea (mehamehame) C C H ...... C C Geranium arboreum (nohoanu) ...... C ...... Geranium multiflorum (nohoanu) ...... C ...... Gouania vitifolia (NCN) ...... C ...... H C Hedyotis coriacea (kioele) ...... H ...... C C Hedyotis mannii (pilo) ...... C C C ...... Hesperomannia arborescens (NCN) ...... C C H C ......
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TABLE 1.—SUMMARY OF ISLAND DISTRIBUTION OF 70 SPECIES FROM MAUI AND KAHOOLAWE—Continued
Island distribution Species (common name) NW Isles, Kauai Oahu Molokai Lanai Maui Hawaii Kahoolawe, Niihau
Hesperomannia arbuscula (NCN) ...... C ...... C ...... Hibiscus brackenridgei (mao hau hele)H C H C C C Ka (R) Ischaemum byrone (Hilo ischaemum)... C H C ...... C C Isodendrion pyrifolium (wahine noho ...... H H H H C Ni (H) kula). Kanaloa kahoolawensis (kohe malama ...... Ka (C) malama o kanaloa). Lipochaeta kamolensis (nehe) ...... C ...... Lysimachia lydgatei (NCN) ...... H ...... C ...... Mariscus pennatiformis (NCN) ...... H H ...... C H NW Isles (C) Melicope adscendens (alani) ...... C ...... Melicope balloui (alani) ...... C ...... Melicope knudsenii (alani) ...... C ...... C ...... Melicope mucronulata (alani) ...... C ...... C ...... Melicope ovalis (alani) ...... C ...... Neraudia sericea (NCN) ...... C H C ...... Ka (H) Nototrichium humile (kului) ...... C ...... H ...... Peucedanum sandwicense (makou) ..... C C C ...... C ...... Phlegmariurus mannii (wawaeiole) ...... H ...... C C Phyllostegia mannii (NCN) ...... C ...... H ...... Phyllostegia mollis (NCN) ...... C H ...... C ...... Phyllostegia parviflora (NCN) ...... C ...... H H Plantago princeps (laukahi kuahiwi)...... C C C ...... C H Platanthera holochila (NCN) ...... C H C ...... C ...... Pteris lidgatei (NCN) ...... C H ...... C ...... Remya mauiensis (NCN) ...... C ...... Sanicula purpurea (NCN) ...... C ...... C ...... Schiedea haleakalensis (NCN) ...... C ...... Schiedea hookeri (NCN) ...... C ...... H ...... Schiedea nuttallii (NCN) ...... C C C ...... R ...... Sesbania tomentosa (ohai) ...... C C C H C C Ni (H), Ka (C), NW Isles (C) Solanum incompletum (popolo ku mai)H ...... H H H C Spermolepis hawaiiensis (NCN) ...... C C C C C C Tetramolopium arenarium (NCN) ...... H C Tetramolopium capillare (pamakani) ...... C ...... Tetramolopium remyi (NCN) ...... C H ...... Vigna o-wahuensis (NCN) ...... H C C C C Ni (H), Ka (C) Zanthoxylum hawaiiense (ae) ...... C ...... C H C C Key: C (Current)—population last observed within the past 30 years H (Historical)—population not seen for more than 30 years R (Reported)—reported from undocumented observations NCN—no common name
Eighteen of these species are endemic The Islands of Maui and Kahoolawe Having erupted just 200 years ago, East to the islands of Maui and Kahoolawe, Maui’s Haleakala crater, reaching 3,055 while 42 species are reported from one Maui, the second largest island in m (10,023 ft) in elevation, has retained or more other islands, as well as Maui Hawaii at 1,888 square kilometers (sq its classic shield shape and lacks the and/or Kahoolawe. Each of these species km) (729 square miles (sq mi)) in area, diverse vegetation typical of the older is described in more detail below in the was formed from the remnants of two and more eroded West Maui mountain. large shield volcanoes, the older West section, ‘‘Discussion of Plant Taxa.’’ Rainfall on the slopes of Haleakala is Maui volcano (1.3 million years) on the Although we considered designating about 89 cm (35 in) per year, with its west and the larger, but much younger, critical habitat on Maui and Kahoolawe windward (northeastern) slope receiving Haleakala volcano on the east. Stream the most precipitation. However, for each of the 70 plant species, for the erosion has cut deep valleys and ridges Haleakala’s crater is a dry cinder desert reasons described below, the final into the originally shield-shaped West because it is above the level at which designation includes critical habitat for Maui volcano. The highest point on precipitation develops and is sheltered 60 of 70 plant species. Species that also West Maui is Puu Kukui at 1,764 meters from moisture-laden winds (Gagne and occur on other islands may have critical (m) (5,787 feet (ft)) elevation, which has Cuddihy 1999). habitat designated on other islands in an average rainfall of 1,020 centimeters The island of Kahoolawe measures previous or subsequent rulemakings. (cm) (400 inches (in)) per year, making about 17.7 km (11 mi) long by 11.3 km it the second wettest spot in Hawaii (7 mi) wide, comprising some 11,655 ha (Department of Geography 1998). (28,800 ac). Located in the lee of
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Haleakala, the island lies approximately sandwicense ssp. macrocephalum (Bos taurus) have been removed from 11 km (6.7 mi) from East Maui. The cannot fertilize itself and is reliant on the park, they remain a potential threat highest point is the rim of an extinct insect pollinators for reproduction. (Service 1997; 57 FR 20772). volcano at 450 m (1,477 ft) above sea Rarely, hybrids between A. sandwicense Clermontia samuelii (Oha wai) level. The estimated annual ssp. macrocephalum and Dubautia precipitation is approximately 50 cm menziesii (naenae) have been observed. Clermontia samuelii, a short-lived (20 in), with most of it falling from Primarily found within Haleakala perennial in the bellflower family November through March. In addition to Crater, especially on Puu o Pele and Puu (Campanulaceae), is a terrestrial shrub the low precipitation, Kahoolawe is the o Maui cinder cones, these hybrid with elliptical leaves which are windiest of the Hawaiian Islands (Gon individuals can flower for several years sometimes broader at the tips. C. s. ssp. et al. 1992). before dying (Carr 1985; Loope and hanaensis is differentiated from C. s. Crivellone 1986; Loope and Medeiros, ssp. samuelii by the greenish white to Discussion of Plant Taxa in press; Service 1997; 57 FR 20772). white flowers; longer, narrower leaves Species Endemic to Maui or Kahoolawe Currently, Argyroxiphium with the broadest point near the base of sandwicense ssp. macrocephalum the leaves; and fewer hairs on the lower Argyroxiphium sandwicense ssp. occupies all of its historic range, a 1,000 surface of the leaves. This species is macrocephalum (Ahinahina) ha (2,500 ac) area at 2,100 to 3,000 m separated from other members of this Argyroxiphium sandwicense ssp. (6,890 to 9,840 ft) elevation in the crater endemic Hawaiian genus by the size of macrocephalum, a long-lived perennial and outer slopes of Haleakala Volcano, the flowers and the hypanthium (base of and a member of the aster family within Haleakala National Park and The flower) (Lammers 1999; Service 2001). (Asteraceae), is called the Haleakala Nature Conservancy of Hawaii’s (TNCH) Little is known about the life history silversword. It is a distinctive, globe- Waikamoi Preserve. There are a total of of Clermontia samuelii. Flowering shaped rosette plant with a dense 7 occurrences on Federal and privately cycles, pollination vectors, seed covering of silver hairs. This subspecies owned land, with a total of 39,025 to dispersal agents, longevity, specific is distinguished from A. sandwicense 44,025 individual plants (Geographic environmental requirements, and ssp. sandwicense by the shape and ratio Decision Systems International (GDSI) limiting factors are unknown (Service of the dimensions of the inflorescence 2001; Hawaii Natural Heritage Program 2001; 64 FR 48307). (flowering part of plant), the number of (HINHP) Database 2001; Loope and Historically, Clermontia samuelii has ray florets per head, and the Crivellone 1986; Service 1997; TNCH been reported from Haleakala and from combination of its longer, three-angled 1998; 57 FR 20772). Keanae Valley on the windward side to leaves; its silvery leaf hairs, which The habitat of this species consists Manawainui on the leeward completely hide the leaf surface; and its primarily of lava flows and otherwise (southeastern) side of Haleakala. longer achenes (dry fruits) (Carr 1985, barren, unstable slopes of recent (less Currently, C. samuelii is known from 1999a). than several thousand years old) Papanalahoa Point, Kuhiwa Valley, the This monocarpic (flowers only once, volcanic cinder cones or in ridge north of Palike Stream, at the end of its lifetime) plant matures Deschampsia nubigena (hair grass) Kawaipapa, and Mokulehua Gulch. from seed to its final stage in grasslands at elevations between 1,508 There are 7 occurrences with 309 approximately 15 to 50 years. The plant and 3,053 m (4,947 and 10,016 ft). Mean individual plants on State and Federal remains a compact rosette until it sends annual precipitation is approximately lands within Haleakala National Park, up an erect, central flowering stalk, sets 75 to 250 cm (29.6 to 98.4 in). The Hanawi Natural Area Reserve (NAR), seed, and dies. Flowering occurs from substrate has almost no soil Hana Forest Reserve, and within the June to September, with annual development and is subject to frequent East Maui Watershed Partnership (GDSI numbers of flowering plants varying formation of ice at night and extreme 2001, HINHP Database 2001, Medeiros dramatically from year to year. Reliable heating during cloudless days. This and Loope 1989, Service 2001, counts of flowering plants were made in species is found in alpine dry shrubland Warshauer 1998, 64 FR 48307, R. 1935 (217 flowered) and in 1941 (815 with native species, including Agrostis Hobdy, DOFAW, in litt. 2000, Ken flowered). Numbers recorded flowering sandwicensis (bent grass), Dubautia Wood, National Tropical Botanical in recent years have ranged from zero in menziesii, Leptecophylla tameiameiae Garden (NTBG), in litt. 2000). 1970 to 6,632 in 1991. The (pukiawe), Silene struthioloides Clermontia samuelii is found at environmental stimulus for (catchfly), Tetramolopium humile elevations between 723 and 2,244 m synchronous flowering is as yet (NCN), or Trisetum glomeratum (pili (2,372 and 7,362 ft). Clermontia unknown. An apparent relationship of uka) (Service 1997; 57 FR 20772; Robert samuelii ssp. hanaensis is found in wet the 1991 mass flowering event to Hobdy, Hawaii Division of Forestry and Metrosideros polymorpha (ohia) and stratospheric alteration by the eruption Wildlife (DOFAW), pers. comm., 2001). Metrosideros polymorpha-Dicranopteris of Pinatubo Volcano in the Philippines The threats to this species are loss of linearis (uluhe) forest containing one or has been considered. Investigations are pollinators caused by the nonnative more of the following associated native underway by R. Pharis of the University Argentine ant (Iridomyrmex humilis) plant species: Adenophorus of Calgary and L.L. Loope of the U.S. and yellow jackets (Vespula tamariscinus (wahine no mauna); Geological Survey—Biological pennsylvanica); native seed-eating and Broussaisia arguta (kanawao); Carex Resources Division (USGS–BRD) to herbivorous insects such as the tephritid alligata (NCN); Cheirodendron trigynum explore whether enhanced flowering is fly (Trupanea cratericola); limited (olapa); Cibotium spp. (hapuu); related to increased UV–B radiation natural range, which makes it Diplazium sandwichianum (hoio); caused by temporary reduction of vulnerable to extinction due to Dubautia spp. (naenae); Hedyotis stratospheric ozone. Flying insects, catastrophic events, such as a natural hillebrandii (manono); Hedyotis especially native bees, moths, flies, disaster; competition from the terminalis (manono); Melicope bugs, and wasps, many of which are nonnative plant species Verbascum clusiifolia (kolokolo mokihana); pollinators, are attracted in large thapsus (mullein); and human impacts Melicope spp. (alani); Peperomia numbers to the giant, aromatic (trampling and site degradation). obovatilimba (ala ala wai nui); inflorescences. Argyroxiphium Although goats (Capra hircus) and cattle Psychotria mariniana (kopiko);
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Tetraplasandra oahuensis (ohe mauka); yellowish flowers that appear red limiting factors are unknown (Service or Vaccinium spp. (ohelo). In addition, caused by the covering of hairs 2001; 64 FR 48307). Clermontia samuelii ssp. samuelii is (Lammers 1999; Service 2001). Historically, Cyanea glabra has been found in wet Metrosideros polymorpha Little is known about the life history reported from West Maui and on and M. polymorpha-Cheirodendron of Cyanea copelandii ssp. Haleakala, East Maui. Currently, this trigynum forest containing one or more haleakalaensis. Flowering cycles, species is known from a single of the following native plant species: pollination vectors, seed dispersal occurrence of 12 individual plants on Broussaisia arguta; Carex alligata; agents, longevity, specific privately owned land in Kauaula Valley Cibotium spp.; Clermontia arborescens environmental requirements, and (GDSI 2001; HINHP Database 2001; 64 ssp. waihiae (oha wai nui); Clermontia limiting factors are unknown (Service FR 48307). spp. (oha wai); Diplazium 2001; 64 FR 48307). Cyanea glabra is found on soil and sandwichianum; Dubautia spp.; Historically, Cyanea copelandii ssp. rock stream banks in wet lowland Hedyotis hillebrandii; Hedyotis spp. haleakalaensis was reported from the forests dominated by Acacia koa and (NCN); Melicope spp.; Rubus hawaiensis windward side of Haleakala and from Metrosideros polymorpha, at elevations (akala); or Vaccinium spp. (HINHP Waikamoi to Kipahulu Valley. between 413 and 1,572 m (1,355 and Database 2001; Service 2001; 64 FR Currently, this species is known from 5 5,156 ft). Associated native plants 48307; R. Hobdy pers. comm., 2001; K. occurrences with a total of 204 include Boehmeria grandis (akolea), Wood, in litt. 2000). individuals on Federal and privately Cheirodendron trigynum, Christella Threats to Clermontia samuelii ssp. owned land within the East Maui cyatheoides (kikawaio), Cibotium spp., hanaensis include habitat degradation Watershed Partnership in Haiku Uka, Clermontia kakeana (ohai wai), and destruction by feral pigs (Sus the ridge above Kuhiwa Valley, and Coprosma spp. (pilo), Diplazium spp. scrofa) and competition with nonnative Kipahulu Valley within Haleakala (NCN), Dodonaea viscosa (aalii), plant species such as Hedychium National Park and Hanawi Natural Area Dubautia plantaginea (naenae), coronarium (white ginger), Hedychium Reserve (NAR) (GDSI 2001; HINHP Perrottetia sandwicensis, Pipturus gardnerianum (kahili ginger), Juncus Database 2001; Lammers 1999; Service albidus (mamaki), Psychotria spp. spp. (NCN), Paspalum urvillei (vasey 2001; Warshauer 1998; 64 FR 48307). (kopiko), Sadleria spp. (amau), grass), Paspalum conjugatum (Hilo Cyanea copelandii ssp. Touchardia latifolia (olona), and grass), or Tibouchina herbacea haleakalaensis is found on stream banks Xylosma hawaiiense (maua) (Service (glorybush). In addition, two extremely or wet scree (a sloping mass of rocks at 2001; 64 FR 48307; Joel Lau, HINHP, invasive nonnative plant species, the base of a cliff) slopes or in forest pers. comm., 2001; HINHP Database Miconia calvescens (velvet tree) and understory in montane wet or mesic 2001; R. Hobdy, pers. comm., 2001). Clidemia hirta (Koster’s curse), are forests dominated by Acacia koa (koa) The threats to this species are slugs; found in nearby areas and may invade and Metrosideros polymorpha at habitat degradation and destruction by this habitat if not controlled. The habitat elevations between 616 and 1,411 m feral pigs; flooding; competition with of Clermontia samuelii ssp. samuelii (2,021 and 4,630 ft). Associated species several nonnative plant species; rats; the was extensively damaged by pigs in the include Broussaisia arguta, Cibotium two-spotted leafhopper (Saphonia past, and pigs are still a major threat to spp., Hedyotis acuminata (au), rufofascia); and extinction caused by the populations on State-owned lands. Perrottetia sandwicensis (olomea), and random environmental events caused by The occurrence within the National Psychotria hawaiiensis (kopiko ula) the small number of individuals in the Park has been fenced, and pigs have (HINHP Database 2001; R. Hobdy, pers. only remaining occurrence (Service been eradicated. However, due to the comm., 2001; Service 2001; 64 FR 2001; 64 FR 48307). large populations of pigs in adjacent 48307). Cyanea hamatiflora ssp. hamatiflora areas, the park occurrences must The major threats to this species are (Haha) constantly be monitored to prevent habitat degradation and destruction by further ingress. Competition with feral pigs; competition with several Cyanea hamatiflora ssp. hamatiflora, nonnative plant species such as Holcus nonnative plant species; rats; slugs; a short-lived perennial member of the lanatus (velvet grass) and Juncus human activities; and potential bellflower family (Campanulaceae), is a planifolius (NCN) is also a major threat extinction caused by random palm-like tree with tan colored latex. to this subspecies. In addition, rats environmental events due to small This subspecies is differentiated from (mainly black rats (Rattus rattus)) and occurrence sizes (Service 2001; 64 FR the other listed subspecies (C. slugs (mainly Milax gagetes) are known 48307). hamatiflora ssp. carlsonii) by its longer to eat leaves, stems, and fruits of other calyx lobes and shorter individual Cyanea glabra (Haha) members of this genus and therefore are flower stalks. This species is separated a potential threat to both subspecies Cyanea glabra, a member of the from others in this endemic Hawaiian (Service 2001; 64 FR 48307; K. Wood, in bellflower family (Campanulaceae), is a genus by fewer flowers per litt. 2000). short-lived, perennial shrub, with the inflorescence and narrower leaves leaves of juvenile plants deeply (Lammers 1999; Service 2001). Cyanea copelandii ssp. haleakalaensis pinnately lobed, while those of the adult Little is known about the life history (Haha) plants are more or less entire and of Cyanea hamatiflora ssp. hamatiflora. Cyanea copelandii ssp. elliptical. This species is differentiated Flowering cycles, pollination vectors, haleakalaensis, a short-lived perennial from others in this endemic Hawaiian seed dispersal agents, longevity, specific member of the bellflower family genus by the size of the flower and the environmental requirements, and (Campanulaceae), is a vine-like shrub pinnately lobed juvenile leaves limiting factors are unknown (Service with sprawling stems and tan latex (Lammers 1999; Service 2001). 2001; 64 FR 48307). (sap). This subspecies is differentiated Little is known about the life history Historically, Cyanea hamatiflora ssp. from C. c. ssp. copelandii by its shorter of Cyanea glabra. Flowering cycles, hamatiflora was known from the elliptical leaves. The species differs pollination vectors, seed dispersal windward side of Haleakala, stretching from others in this endemic Hawaiian agents, longevity, specific from Puu o Kakae to Manawainui. genus by the vine-like stems and the environmental requirements, and Currently, this species is known from 9
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occurrences with a total of 12 The habitat of this species is montane 2001; 64 FR 48307; R. Hobdy, pers. individuals within the East Maui wet and mesic forest with mixed comm., 2001). Watershed Partnership in Honomanu, Metrosideros polymorpha-Acacia koa Threats to Dubautia plantaginea ssp. Wailuaiki, Kipahulu Valley, Koukouai, containing one or more of the following humilis include landslides and and Puu Ahulili, on Federal (Haleakala associated native plant species: competition from nonnative plant National Park) and privately owned Broussaisia arguta, Cheirodendron species. Random environmental events, lands (GDSI 2001; HINHP Database trigynum, Cibotium spp., Clermontia such as landslides, are a threat because 2001; Service 2001; Warshauer 1998; 64 arborescens, Cyrtandra spp. (haiwale), of the limited number of individuals FR 48307). Dicranopteris linearis, Diplazium and occurrences and their narrow Typical habitat for this species is sandwichianum, Hedyotis spp., or distribution (Service 2001; 64 FR montane wet forest dominated by Melicope clusiifolia, at elevations 48307). Metrosideros polymorpha, with a between 779 and 1,357 m (2,555 and Geranium arboreum (Nohoanu) Cibotium spp. and/or native shrub 4,453 ft) (R. Hobdy, pers. comm., 2001, understory, or closed Acacia koa-M. Service 1997, 57 FR 20772). Geranium arboreum, a long-lived polymorpha wet forest, containing one The threats to this species are habitat perennial member of the geranium family (Geraniaceae), is a many or more of the following associated degradation and physical destruction by branched, spreading, woody shrub native plant species: Athyrium feral pigs, small number of occurrences about 1.8 to 3.7 m (6 to 12 ft) tall. This microphyllum (akolea), Broussaisia and individuals, human activities, and species can be distinguished from other arguta, Cheirodendron trigynum, competition with nonnative plant Geranium species by its red petals with Cyanea aculeatiflora (haha), Cyanea species, especially Setaria palmifolia the upper three petals erect and the kunthiana (haha), Dicranopteris (palmgrass) (Service 1997; 57 FR 20772). lower two reflexed, causing the flower linearis, Diplazium sandwichianum, Dubautia plantaginea ssp. humilis to appear curved (Wagner et al. 1999). Melicope spp., Myrsine spp. (kolea), or (Naenae) Geranium arboreum is the only Vaccinium spp.; and at elevations species in its genus that appears to be between 767 and 1,553 m (2,515 and Dubautia plantaginea ssp. humilis, a adapted to bird-pollination. Native 5,095 ft) (HINHP Database 2001; R. short-lived perennial of the aster family honeycreepers appear to be a major Hobdy, pers. comm., 2001; Service (Asteraceae), is a dwarf shrub less than pollination vector. Geranium arboreum 2001; 64 FR 48307). 80 cm (30 in) tall with hairless or from the southwest area of Haleakala in The threats to this species are habitat strigillose (bulbous-based hairs, all the Kula Forest Reserve produce seeds degradation and destruction by feral pointing in the same direction) stems. that are larger and fuller than seeds from pigs; landslides; competition with the This species differs from other Hawaiian the northwest extension of its nonnative plant Ageratina adenophora members of the genus by the number of distribution. Native honeycreepers are (Maui pamakani); rats; and slugs veins in the leaves and by the close reasonably abundant in both areas. (Service 2001; 64 FR 48307). resemblance of the leaves to the genus Little else is known about the life Plantago. The subspecies humilis differs Cyanea mceldowneyi (Haha) history of Geranium arboreum. from the other two subspecies (D. Flowering cycles, other pollination Cyanea mceldowneyi, a member of plantaginea ssp. magnifolia and D. vectors, seed dispersal agents, longevity, the bellflower family (Campanulaceae), plantaginea ssp. plantaginea) by having specific environmental requirements, is a short-lived, unbranched perennial fewer heads per inflorescence, but more and limiting factors are unknown (Funk shrub with rough to prickly stems. This florets per head (Carr 1985; Carr 1999b; 1982, 1988; Service 1997; 57 FR 20772). species is distinguished from other Service 2001). The original range and abundance of species of Cyanea by the combination of Little is known about the life history the species is unknown, but late 19th a densely armed trunk; long (4 cm (1.6 of Dubautia plantaginea ssp. humilis. and early 20th century collections in)), white corollas; and leaf blade size Flowering cycles, pollination vectors, indicate that it once grew on the and shape (Lammers 1999; Service seed dispersal agents, longevity, specific southern slopes of Haleakala and that its 2001). environmental requirements, and distribution on the northern slopes Little is known about the life history limiting factors are unknown (Service extended beyond its presently known of Cyanea mceldowneyi. Flowering 2001; 64 FR 48307). range. Currently, there are 12 cycles, pollination vectors, seed Dubautia plantaginea ssp. humilis has occurrences totaling 158 individuals, dispersal agents, longevity, specific only been reported from Iao Valley on within the East Maui Watershed environmental requirements, and West Maui. The two occurrences with Partnership on State (Kula and limiting factors are unknown (Service 60 to 65 individuals in total are on Kahikinui Forest Reserves), private, and 1997; 57 FR 20772). privately owned land (GDSI 2001; federally owned or leased (Haleakala Historically, Cyanea mceldowneyi HINHP Database 2001; Service 2001; 64 National Park) lands. These occurrences was known from rainforest west of FR 48307). are found in Kahua, Kanahau, Waiohuli, Waikamoi to Honomanu on The typical habitat of the species is Kaipoioi Gulch, Hapapa Gulch, northwestern Haleakala. Currently, this wet, barren, steep, rocky, wind-blown Keauaiwi Gulch, Kalialinui, and south species is known from 11 occurrences cliffs containing one or more of the of Puu Luau and east of Puu Nianiau with a total of 36 individuals on State following associated native plant (GDSI 2001; HINHP Database 2001; (Makawao Forest Reserve and Hanawi species: Bidens spp. (kookoolau), Carex Service 1997; Warshauer 1998; 57 FR NAR) and privately owned lands within spp. (NCN), Eragrostis variabilis 20772). the East Maui Watershed Partnership at (kawelu), Hedyotis formosa (NCN), Geranium arboreum grows in steep, Kahakapao Gulch, Opana Gulch, Lysimachia remyi (NCN), Metrosideros damp, and shaded narrow canyons and Waikamoi, Puohokamoa, Makapipi, and polymorpha, Pipturus albidus, Plantago gulches, steep banks, and intermittent the flats above Kuhiwa Valley (GDSI princeps (laukahi kuahiwi), or streams in Sophora chrysophylla 2001; HINHP Database 2001; Lammers Pritchardia spp. (loulu), at elevations (mamane) subalpine dry shrubland or 1999; Service 1997; Warshauer 1998; 57 between 266 and 1,593 m (873 and Metrosideros polymorpha montane FR 20772). 5,226 ft) (HINHP Database 2001; Service forest containing one or more of the
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following associated native plant determining the number of individuals records of the plant, pollen core studies species: Dryopteris wallichiana (io nui); (caused by the plant’s multi-branched on Oahu revealed a legume pollen that Dodonaea viscosa; Leptecophylla form), the total number of individuals of could not be identified but is most tameiameiae; Rubus hawaiiensis; or this species is not known; however, it likely this species. The pollen cores Vaccinium reticulatum (ohelo ai), at probably does not exceed 3,000 plants indicate that this previously elevations between 1,451 and 2,184 m (GDSI 2001; HINHP Database 2001; R. unidentified species was a codominant (4,760 and 7,164 ft) (R. Hobdy, pers. Hobdy, pers. comm., 2001; Service with Dodonaea viscosa and Pritchardia comm., 2001; Service 1997; 57 FR 1997; Warshauer 1998; 57 FR 20772). spp. from before 1210 B.C. to 1565 A.D., 20772). Geranium multiflorum is found in wet at which point K. kahoolawensis The greatest immediate threat to the or mesic Metrosideros polymorpha disappeared from the pollen record and survival of this species is encroachment montane forest or alpine mesic forest, D. viscosa and Pritchardia spp. declined and competition from naturalized, Leptecophylla tameiameiae shrubland, dramatically. Only one occurrence with nonnative vegetation, chiefly grasses Sophora chrysophylla subalpine dry two living individuals is known (Athens and trees. Soil disturbance, caused by forest, open sedge swamps, fog-swept et al. 1992; Athens and Ward 1993; trampling cattle and rooting by feral lava flows, or montane grasslands Lorence and Wood 1994; Service 2001; pigs, also is a major threat as it destroys containing one or more of the following 64 FR 48307; Paul Higashino, plants and facilitates the encroachment associated native plant species: Kahoolawe Island Reserve Commission of competing species of naturalized Coprosma montana (pilo); Dryopteris (KIRC), pers. comm., 2000). plants. Other less important threats glabra (hohui); Dryopteris wallichiana; The only known habitat is steep rocky include browsing by cattle; fires; and Hedyotis spp.; Rubus hawaiiensis; talus slopes in mixed coastal shrubland pollen from nonnative pine trees, which Sadleria cyatheoides; or Vaccinium spp. at elevations between 0 and 305 m (0 at certain times of the year completely (amau), at elevations between 1,499 and and 1,000 ft) and containing one or covers the stigmas of the geraniums, 2,710 m (4,918 and 8,890 ft) (HINHP more of the following associated native precluding any fertilization by its own Database 2001; Service 1997; Wagner et plant species: Bidens mauiensis pollen. The small number of individual al. 1999; 57 FR 20772). (kookoolau); Capparis sandwichiana plants increases the potential for The major threat to Geranium (maiapilo); Melanthera lavarum (nehe); extinction from random environmental multiflorum is competition with Portulaca molokiniensis (ihi); Senna events, and the limited gene pool may encroaching nonnative plant species, gaudichaudii (kolomona); or Sida fallax depress reproductive vigor (Funk 1982, particularly Rubus argutus (prickly (ilima) (Service 2001; 64 FR 48307; R. 1988; Service 1997; 57 FR 20772). Florida blackberry). A potential threat is Hobdy, pers. comm., 2001). habitat destruction by feral pigs and The major threats to Kanaloa Geranium multiflorum (Nohoanu) goats in unfenced areas (Service 1997; kahoolawensis are landslides and Geranium multiflorum, a long-lived 57 FR 20772). competition with the nonnative plant member of the geranium family species Emilia fosbergii (pualele) and Kanaloa kahoolawensis (Kohe malama (Geraniaceae), is a perennial many- Nicotiana glauca (tree tobacco). Goats malama o kanaloa) branched shrub 1 to 3 m (3 to 10 ft) tall. played a major role in the destruction of Flowers are in clusters of 25 to 50 and Kanaloa kahoolawensis, a short-lived vegetation on Kahoolawe before they have 5 white petals that are 10 to 15 perennial member of the legume family were removed, and K. kahoolawensis millimeters (mm) (0.4 to 0.6 in) long (Fabaceae), is a densely branched shrub probably survived only because the with purple veins or bases. This species 0.75 to 1 m (2.5 to 3.5 ft) tall. The leaves rocky stack is almost completely is distinguished from others of the are divided into three pairs of leaflets, separated from the island and genus by its white, regularly with a leaf nectary (nectar-bearing inaccessible to goats. Rats are a potential symmetrical flowers and by the shape gland) at the joint between each pair of threat to K. kahoolawensis, because the and pattern of teeth on its leaf margins leaflets. One to three inflorescences are species has seeds similar in appearance (Wagner et al. 1999). found in the leaf axils (joint between and presentation to the seeds of the Little is known about the life history leaf and stem), developing with the federally endangered Caesalpinia of Geranium multiflorum. Flowering flush of new leaves. The inflorescence is kavaiensis (uhiuhi), which are eaten by cycles, pollination vectors, seed a globose head with 20 to 54 white rats. Rats may have been the cause of dispersal agents, longevity, specific flowers. No other species of legume in the decline of this species over 400 environmental requirements, and Hawaii bears any resemblance to this years ago. Trampling and habitat limiting factors are unknown (Service species, which is why it is the only one degradation from introduced cats and 1997; 57 FR 20772). in this genus (Lorence and Wood 1994; native seabirds are also potential Historically, Geranium multiflorum Service 2001). threats. Random environmental events was known from Ukulele, Waieleele, Little is known about the life history and reduced reproductive vigor are also and Waianapanapa on East Maui. This of Kanaloa kahoolawensis. Flowering threats to this species, because only two species is now known from Federal cycles, pollination vectors, seed individuals are known (Cuddihy and (Haleakala National Park), State dispersal agents, longevity, specific Stone 1990; Lorence and Wood 1994; (Hanawi NAR and Koolau Forest environmental requirements, and Service 2001; 64 FR 48307; P. Reserve), and private lands within the limiting factors are unknown (Service Higashino, pers. comm., 2000). East Maui Watershed Partnership in 2001; 64 FR 48307). Haiku Ula, Kalialinui, Koolau Gap, Kanaloa kahoolawensis was unknown Lipochaeta kamolensis (Nehe) between East Waiuaki and Kopiliula to science until its discovery by Steve Lipochaeta kamolensis, a short-lived Streams, near Puu Alaea along Perlman and Ken Wood of NTBG in perennial herb of the aster family Kalapawili Ridge, Kipahulu Valley, 1992 on a steep rocky spire on the coast (Asteraceae), has trailing or climbing Waiakekeehia, and Haleakala Crater. of Kahoolawe. The only known location stems that are woody at the base and The 13 known occurrences extend over of K. kahoolawensis is this rocky stack reach a length of 0.3 to 3 m (1 to 10 ft). a distance of about 10.5 by 5.5 km (6.5 on the southern coast of Kahoolawe, in This species is distinguished from by 3.5 mi). Due to the inaccessibility of an area which is owned by the State of others of the genus by the simple leaves, the occurrences, and the difficulty in Hawaii. While there are no previous which are pinnately lobed or cut, and by
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the size of the flower heads (Wagner et agents, longevity, specific limiting factors are unknown (Service al. 1999). environmental requirements, and 1997; 59 FR 62346). Lipochaeta kamolensis has been limiting factors are unknown (Service Melicope balloui has been found only observed flowering from December 1997; 59 FR 62346). on the northern and southeastern slopes through February, as well as in April. Melicope adscendens has been found of Haleakala. There are 3 known The growing season coincides with the only on the southwestern slope of occurrences with a total of wet season between November and Haleakala; two plants, separated by an approximately 50 individuals on private April to May. Plants are deciduous and unspecified distance, were found by and federally owned (Haleakala appear to be metabolically inactive Forbes in 1920. Today, there are 16 National Park) lands within the East during the dry season. Little else is occurrences on State (Kanaio NAR) and Maui Watershed Partnership at Puu O known about the life history of L. privately owned lands at Puu Ouli and Kakae and Palikea Stream (GDSI 2001; kamolensis. Flowering cycles, on the border of the Hana and Makawao HINHP Database 2001; Service 1997; 59 pollination vectors, seed dispersal Districts (GDSI 2001; HINHP Database FR 62346; K. Wood, in litt. 1999). agents, longevity, specific 2001; Service 1997; 59 FR 62346). Melicope balloui typically grows in environmental requirements, and This species typically grows on aa mesic to wet forest between 781 and limiting factors are otherwise unknown lava (a particular type of lava flow with 1,596 m (2,561 and 5,267 ft) in elevation (Service 1997; 57 FR 20772). very sharp edges) with pockets of soil in and containing one or more of the Historically, Lipochaeta kamolensis Nestegis sandwicensis (olopua)- following associated native plant was known from Kamole Gulch, west of Pleomele auwahiensis (hala pepe)- species: Acacia koa; Cibotium chamissoi (hapuu); Cibotium glaucum Kepuni Gulch, and 7.2 km (11.8 mi) Dodonaea viscosa lowland mesic forest southeast of Ulupalakua Ranch Office. (hapuu); Diplazium sandwichianum; or open dry forest containing one or This species still occurs in Kamole Melicope clusiifolia; Metrosideros more of the following associated native Gulch, on State-owned (Department of polymorpha; or Sadleria pallida (amau) plant species: Alphitonia ponderosa Hawaiian Home Lands (DHHL)) land. (HINHP Database 2001; Service 1997; 59 (kauila); Chamaesyce celastroides var. The only known occurrence, which FR 62346; J. Lau, Hawaii Natural lorifolia (akoko); Leptecophylla extends over an area of about 40 ha (100 Heritage Program, pers. comm., 2001). tameiameiae; Osteomeles anthyllidifolia ac), is estimated to contain fewer than Major threats are habitat degradation (ulei); Pouteria sandwicensis (alaa); 500 individuals (GDSI 2001; HINHP and damage to plants by feral pigs and Santalum ellipticum (iliahialoe); or Database 2001; Service 1997; Wagner et axis deer and reduced reproductive Xylosma hawaiiense (maua) at al. 1999; 57 FR 20772; K. Wood, in litt. vigor or extinction caused by random elevations between 761 and 1,209 m 1999). environmental events caused by the Lipochaeta kamolensis typically (2,497 and 3,967 ft) (HINHP Database small number of existing occurrences grows in gulches or on gentle slopes 2001; Service 1997; 59 FR 62346; R. and individuals. Potential threats outside gulches in dry shrubland at Hobdy, pers. comm., 2001; K. Wood, in include competition with nonnative elevations between 40 and 602 m (132 litt. 1999). plant species such as Clidemia hirta, and 1,974 ft) and containing one or Major threats are habitat damage and Paspalum conjugatum, Paspalum more of the following associated native trampling by cattle; competition with urvillei, and Psidium cattleianum plant species: Dodonaea viscosa; nonnative plant species, including (strawberry guava); susceptibility to Ipomoea indica (koali awa); or Bocconia frutescens (NCN), Lantana black twig borer; and predation by rats Plumbago zeylanica (iliee) (Service camara, and Pennisetum clandestinum (HINHP Database 2001; Service 1997; 59 1997; Wagner et al. 1999; 57 FR 20772; (kikuyu grass); and reduced FR 62346). R. Hobdy, pers. comm., 2001; K. Wood, reproductive vigor or extinction from Melicope ovalis (Alani) in litt. 1999). random environmental events caused by The major threats to Lipochaeta the small number of individuals and Melicope ovalis, a long-lived kamolensis are habitat destruction, narrow distribution. Potential threats perennial of the rue family (Rutaceae), predation by cattle and goats, include habitat degradation and damage is a tree growing up to 5 m (16 ft) tall. competition with nonnative plants such to plants by axis deer (Axis axis), feral New growth has fine, short, brownish as Lantana camara (lantana), fire, and goats, feral pigs, black twig borer hairs, but soon becomes hairless. Leaves the one occurrence being subject to (Xylosandrus compactus), fire, and are opposite, leathery, and broadly extinction by random environmental ranch activities (HINHP Database 2001; elliptic. Bruised foliage has an anise events (Service 1997; 57 FR 20772). Service 1997; 59 FR 62346). odor similar to that of M. anisata Melicope balloui (Alani) (mokihana). Melicope ovalis is Melicope adscendens (Alani) distinguished from other species of the Melicope adscendens, a long-lived Melicope balloui, a long-lived genus by the almost entirely fused perennial of the rue family (Rutaceae), perennial of the rue family (Rutaceae), carpels of its capsule, its nonpersistent is a sprawling shrub with long, slender is a small tree or shrub. New growth has sepals and petals, and its well- branches covered with gray hairs when yellowish brown woolly hairs and waxy developed petioles (leaf stems) (Stone et young, which become hairless when scales; plant parts later become nearly al. 1999). older. Melicope adscendens is hairless. Melicope balloui is Little is known about the life history distinguished from other species of the distinguished from other species of the of Melicope ovalis. Flowering cycles, genus by its growth habit, the distinct genus by the partially fused carpels of pollination vectors, seed dispersal follicles (chambers) of its fruit, and the its four-lobed capsule (dry fruit) and agents, longevity, specific persistent (remaining attached) sepals usually persistent sepals and petals environmental requirements, and and petals (Stone et al. 1999). (Stone et al. 1999). limiting factors are unknown (Service Melicope adscendens fruits have been Little is known about the life history 1997; 59 FR 62346). collected in March and July. Little else of Melicope balloui. Flowering cycles, Melicope ovalis has been found only is known about the life history of M. pollination vectors, seed dispersal on the eastern and southeastern slopes adscendens. Flowering cycles, agents, longevity, specific of Haleakala. There are two occurrences pollination vectors, seed dispersal environmental requirements, and with approximately 200 individuals,
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found on federally owned land along Maui. Currently, R. mauiensis is known only female flowers or only bisexual Palikea Stream in Haleakala National from five occurrences on State-owned flowers) and so likely requires cross- Park within the East Maui Watershed land within the West Maui Mountains pollination by small insects. Small, Partnership (GDSI 2001; HINHP Watershed Partnership at Paupau, short-flighted flies and moths have been Database 2001; Service 1997; 59 FR Kokuula, Kanaulaiki, and Maunawainui observed visiting flowers. Fruits and 62346; K. Wood, in litt. 1999). Gulch in the Panaewa section of the seeds have been observed from August This species typically grows in Acacia West Maui NAR, the West Maui Forest through September. Little else is known koa and Metrosideros polymorpha- Reserve, and the Manawainui Plant about the life history of S. dominated montane wet forests along Sanctuary. Because of the sprawling haleakalensis. Flowering cycles, streams at elevations between 753 and habit of this species, and the often dense pollination vectors, seed dispersal 1,537 m (2,469 and 5,042 ft). Associated growth of the surrounding vegetation, it agents, longevity, specific plant species include: Broussaisia is difficult to determine the exact environmental requirements, and arguta; Cheirodendron trigynum; number of individuals; however, there limiting factors are unknown (Service Dicranopteris linearis; Dubautia is an estimated total of 21 individuals 1997; 57 FR 20772). plantaginea; Hedyotis hillebrandii; (GDSI 2001; HINHP Database 2001; Due to the lack of early collections or Labordia hedyosmifolia (kamakahala); Service 1997; 56 FR 1450). sightings, the historical range of Machaerina angustifolia (uki); Remya mauiensis grows chiefly on Schiedea haleakalensis is unknown. Perrottetia sandwicensis; or steep, north or northeast-facing slopes This species is known only from Leleiwi Wikstroemia oahuensis (akia) (HINHP in mixed mesophytic forests or Pali and Kaupo Gap in Haleakala Database 2001; Service 1997; 59 FR Metrosideros polymorpha montane wet National Park within the East Maui 62346; R. Hobdy, pers. comm., 2001). forests containing one or more of the Watershed Partnership. The two Major threats to the only known following associated native species: occurrences are estimated to contain a population are habitat degradation and Alyxia oliviformis (maile); Diospyros total of 100 to 200 individuals, which damage to plants by feral pigs and sandwicensis (lama); Diplazium together extend over a total area of 11 reduced reproductive vigor and/or sandwichianum; Dodonaea viscosa; ha (28 ac) (GDSI 2001; HINHP Database extinction caused by random Leptecophylla tameiameiae; Lysimachia 2001; Service 1997; 57 FR 20772). environmental events. Competition with remyi; Melicope spp.; Microlepia Schiedea haleakalensis typically introduced plants such as Clidemia strigosa (palapalai); Myrsine lessertiana grows in rock cracks on sheer cliffs hirta, Paspalum conjugatum, Psidium (kolea lau nui); Nestegis sandwicensis; adjacent to barren lava and subalpine cattleianum and Rubus rosifolius Pleomele auwahiensis; Psychotria shrublands and grasslands with cinder, (thimbleberry); seed predation by rats; mariniana; Wikstroemia spp. (akia); or weathered volcanic ash, or in bare lava and susceptibility to black twig borer Xylosma hawaiiense at elevations substrate with little or no soil are also threats to this species. Habitat between 400 and 1,228 m (1,312 and development and periodic freezing degradation and damage to plants by 4,029 ft) (HINHP Database 2001; Service temperatures, and containing one or feral goats and axis deer are potential 1997; 56 FR 1450; R. Hobdy, pers. more of the following associated native threats if the integrity of the fence comm., 2001). plant species: Artemisia mauiensis currently surrounding the occurrence is This species is threatened by (hinahina), Bidens micrantha compromised (HINHP Database 2001; extinction caused by random (kookoolau), Dubautia menziesii, Service 1997; 59 FR 62346; K. Wood, in catastrophic environmental events by Leptecophylla tameiameiae, Vaccinium litt. 1999). virtue of the extremely small size of the reticulatum, or Viola chamissoniana occurrences coupled with their limited (pamakani) at elevations between 1,678 Remya mauiensis (NCN) distribution. The limited gene pool may and 2,434 m (5,505 and 7,986 ft) Remya mauiensis is a short-lived depress reproductive vigor, or a single (HINHP Database 2001, Service 1997, 57 perennial member of the aster family environmental disturbance could FR 20772 R. Hobdy, pers. comm., 2001). (Asteraceae). The genus Remya is destroy a significant percentage of the The greatest threats to Schiedea endemic to the Hawaiian Islands. This known individuals. However, the haleakalensis are fire and other species is a small perennial shrub, about primary threat to this species is the loss catastrophic events that could severely 90 cm (3 ft) tall, with many slender, and degradation of its habitat caused by impact the species due the small sprawling, or scandent (climbing) to the introduction of nonnative plants, number and restricted distribution of weakly erect branches. It is such as Adiantum hispidulum (rough remaining individuals and occurrences distinguished from the other two maidenhair fern), Rubus rosifolius, (Service 1997; 57 FR 20772). members of the genus by its hairy stems Schinus terebinthifolius (Christmas Tetramolopium capillare (Pamakani) and foliage, leaf shape, and length of the berry), or Tibouchina herbacea; human petiole (Wagner et al. 1999). activities; and feral goats and pigs Tetramolopium capillare, a short- Little is known about the life history (Service 1997; 56 FR 1450). lived perennial of the sunflower family of Remya mauiensis. Flowering cycles, (Asteraceae), is a sprawling shrub with pollination vectors, seed dispersal Schiedea haleakalensis (NCN) stems measuring 50 to 80 cm (20 to 31 agents, longevity, specific Schiedea haleakalensis, a short-lived in) long and covered with many glands environmental requirements, and perennial of the pink family when young. Tetramolopium capillare limiting factors are unknown (Service (Caryophyllaceae), is a hairless shrub, differs from other species of the genus 1997; 56 FR 1450). with slightly fleshy, narrow leaves and by its very firm leaves with edges rolled Remya mauiensis was collected twice a single vein. Flowers are in clusters at under, its solitary flower heads, the on West Maui by William Hillebrand the ends of the branches. This species color of its disk florets, and its shorter between 1851 and 1871, and again in differs from other species of the genus pappus. It differs from T. remyi, with 1920 by Charles Forbes, also on West on East Maui by its crowded, hairless which it sometimes grows, by its more Maui. It was thought to be extinct until inflorescence composed of bisexual sprawling habit and the shorter stalks of its rediscovery in 1971 by L.E. Bishop, flowers (Wagner et al. 1999). its smaller flower heads (Lowrey 1999). W. Gagne, and S. Montgomery on the Schiedea haleakalensis is Little is known about the life history slopes of Manawainui Gulch, West gynodioecious (individuals either have of Tetramolopium capillare. Flowering
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cycles, pollination vectors, seed Oppenheimer and Steve Perlman in reproduction. Additional information dispersal agents, longevity, specific 1999 within the Puu Kukui Watershed on reproductive cycles, longevity, environmental requirements, and Management Area. It has not been seen specific environmental requirements, limiting factors are unknown (Lowrey in the wild since March 2000 (Hank and limiting factors is not known 1999). Oppenheimer, Maui Pineapple (Linney 1989). Historically, Tetramolopium capillare Company Limited, pers. comm., 2001; Historically, Adenophorus periens is known from Lahaina Luna to Wailuku Service 1997; 57 FR 20772). was reported from Kauai, Oahu, Lanai, on West Maui. Currently, 5 known Acaena exigua is known only from Maui, and the island of Hawaii. occurrences with a total of 166 montane bogs characterized by a thick Currently, it is known from Kauai, individuals are known from State (West peat substrate overlying an impervious Molokai, and Hawaii. On Maui, it has Maui Forest Reserve) and privately clay substrate, with hummocks of not been seen in the wild since 1929 owned lands within the West Maui sedges and grasses, stunted trees, and (GDSI 2001; HINHP Database 2001; Mountains Watershed Partnership, shrubs at elevations between 1,178 and Service 1999; 59 FR 56333). south of Kanaha Stream, Kauaula, 1,764 m (3,865 and 5,787 ft). Associated Nothing is known of the preferred Ulaula, and Koia (GDSI 2001; Lowrey native species include the sedges and habitat of or native plant species 1999; Service 1997; 59 FR 49860). grasses Carex montis-eeke (NCN), associated with Adenophorus periens Tetramolopium capillare typically Deschampsia nubigena, Dichanthelium on the island of Maui (Service 1999; 59 grows on rocky substrates in cynodon (NCN), Dichanthelium FR 56333). Heteropogon contortus (pili grass) hillebrandianum (NCN), Dichanthelium Nothing is known of the threats to lowland dry forest containing Dodonaea isachnoides (NCN), Oreobolus furcatus Adenophorus periens on the island of viscosa or Myoporum sandwicense (NCN), or Rhynchospora chinensis Maui (Service 1999; 59 FR 56333). (naio); or in Metrosideros polymorpha- (kuolohia), and the shrubs Lagenifera Leptecophylla tameiameiae montane maviensis (howaiaulu), Metrosideros Alectryon macrococcus (Mahoe) mesic or wet shrubland and wet cliff polymorpha, Myrsine spp., Vaccinium Alectryon macrococcus, a long-lived faces containing one or more of the spp., or Viola maviensis (pamakani) (R. perennial member of the soapberry following associated plant species: Hobdy, pers. comm., 2001; Service family (Sapindaceae), consists of two Dodonaea viscosa, Leptecophylla 1997; 57 FR 20772). varieties, macrococcus and The reason for the disappearance of tameiameiaem or Metrosideros auwahiensis, both trees with reddish- this species is not known. The main polymorpha, at elevations between 131 brown branches and leaves with one to current threats to Acaena exigua, if it and 1,432 m (430 and 4,698 ft) (Service five pairs of sometimes asymmetrical exists, are believed to include small 1997; 59 FR 49860; R. Hobdy, pers. egg-shaped leaflets. The underside of occurrence size; human impacts comm., 2001). the leaf has dense brown hairs, The major threats to Tetramolopium (collecting and site degradation); consumption of vegetative or floral parts persistent in A. macrococcus var. capillare are fires; competition from auwahiensis but only on leaves of young nonnative plant species, particularly by nonnative slugs and rats; predation and habitat disturbance by feral pigs; A. macrococcus var. macrococcus. The Lantana camara, Leucaena only member of its genus found in leucocephala (koa haole), or Melinus and competition with nonnative plant species (Service 1997; 57 FR 20772). Hawaii, this species is distinguished repens (natal redtop); and reduced from other Hawaiian members of its reproductive vigor and/or extinction Adenophorus periens (Pendent kihi family by being a tree with a hard fruit from random environmental events fern) 2.5 cm (1 in) or more in diameter caused by the small number of existing Adenophorus periens, a member of (Service 1997; Wagner et al. 1999; 57 FR occurrences and individuals (Service the grammitis family (Grammitidaceae) 20772). 1997; 59 FR 49860). and a short-lived perennial, is a small, Alectryon macrococcus is a relatively Multi-Island Species pendent, epiphytic (not rooted in the slow-growing, long-lived tree that grows ground) fern. This species differs from in xeric to mesic sites and is adapted to Acaena exigua (Liliwai) others in this endemic Hawaiian genus periodic drought. Little else is known Acaena exigua is a small perennial by having hairs along the pinna (leaflet) about the life history of A. macrococcus. rosette herb in the rose family margins, by the pinnae being at right Flowering cycles, pollination vectors, (Rosaceae) with narrow, fern-like, angles to the midrib axis, by the seed dispersal agents, longevity, and divided leaves. It is easily hidden placement of the sori (spore-bearing specific environmental requirements are among the other low, tufted bog plants structures) on the pinnae, and by the unknown (Service 1997; 57 FR 20772). with which it grows. It is distinguished degree of dissection of each pinna Historically and currently, Alectryon from other Hawaiian rose family (Linney 1989). macrococcus var. macrococcus is members by its lack of petals and by the Little is known about the life history known from Kauai, Oahu, Molokai, and urn-shaped, constricted base of the of Adenophorus periens, which seems Maui. On Maui, 10 occurrences with a flower, that encloses the fruit (Wagner et to grow only in closed canopy dense total of 10 individuals are found along al. 1999). forest with high humidity. Its breeding the Honokowai Ditch Trail, Launiupoko Little is known about the life history system is unknown, but outbreeding is Valley, and Iao Valley on privately of Acaena exigua. Its flowering cycles, very likely to be the predominant mode owned land within the West Maui pollination vectors, seed dispersal of reproduction. Spores are dispersed by Mountains Watershed Partnership. agents, longevity, specific wind, possibly by water, and perhaps on Currently, A. macrococcus var. environmental requirements, and the feet of birds or insects. Spores lack auwahiensis is known from 3 limiting factors are unknown (Service a thick resistant coat which may occurrences with 22 individuals on 1997; 57 FR 20772). indicate their longevity is brief, leeward East Maui in Auwahi in the Historically, Acaena exigua was probably measured in days at most. Due Hana District and on the ridge east of known from Puu Kukui on West Maui to the weak differences between the Pahihi Gulch on private and State- and from Mount Waialeale on Kauai. On seasons, there seems to be no evidence owned (Kahikinui Forest Reserve) lands Maui, A. exigua was last seen by Hank of seasonality in growth or (GDSI 2001; HINHP Database 2001;
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Medeiros et al. 1986; Service 1997; 57 greenish ridges. This species is most Bidens micrantha is known to FR 20772). similar to A. macraei. The two can be hybridize with other native Bidens, such The habitat of Alectryon macrococcus distinguished by the size and shape of as B. mauiensis and B. menziesii, and var. macrococcus on Maui is mesic the pinnae and the number of sori possibly B. conjuncta. Little else is forests with Antidesma platyphyllum (spore-bearing structures) per pinna known about the life history of B. (hame), Antidesma pulvinatum (hame), (Wagner and Wagner 1992). micrantha ssp. kalealaha. Flowering Bobea sandwicensis (ahakea), Nestegis Little life history information is cycles, pollination vectors, seed sandwicensis, Pittosporum available for Asplenium fragile var. dispersal agents, longevity, and specific confertiflorum (hoawa), Pittosporum insulare. Reproductive cycles, environmental requirements are glabrum (hoawa), Pouteria longevity, specific environmental unknown (Ganders and Nagata 1999; sandwicensis, or Xylosma spp. (maua) at requirements, and limiting factors are Service 1997; 57 FR 20772). elevations between 1,017 and 3,562 m largely unknown. Researchers have Historically, Bidens micrantha ssp. (1,168 and 3,337 ft). The habitat of collected information on species kalealaha was known from Lanai, the Alectryon macrococcus var. composition, extent of cover, and age- south slope of Haleakala on East Maui, auwahiensis is mesic to wetter mesic class structure in six sub-populations at and from one location on West Maui. and upper dryland forest containing one Pohakuloa Training Area on the island Currently, this species remains only on or more of the following associated of Hawaii in order to describe the East Maui in Kahua, Nakula, and native plant species: Alphitonia populations. No gametophytes (gamete- Haleakala Crater and Kaupo Gap, on ponderosa; Diospyros sandwicensis; producing life stage) were found, and State (Kahikinui Forest Reserve) and Dodonaea viscosa; Osteomeles the age-class structure of the sub- Federal (Haleakala National Park) lands anthyllidifolia; Pleomele auwahiensis; populations sampled was determined to within the East Maui Watershed Pouteria sandwicensis; Santalum be 100 percent reproductive adults Partnership. There are a total of 4 ellipticum; Streblus pendulinus (aiai); or because all the sporophytes (spore- occurrences with less than a total of Xylosma hawaiiense, at elevations producing life stage) had sori on some 2,000 individuals (Ganders and Nagata between 333 and 1,210 m (1,092 and fronds (Service 1998a; 59 FR 49025). 1999; GDSI 2001; HINHP Database 2001; 3,969 ft) (HINHP Database 2001; Service Asplenium fragile var. insulare was Service 1997; 57 FR 20772). 1997; 57 FR 20772; R. Hobdy, pers. known historically and currently from The habitat of Bidens micrantha ssp. comm., 2001; K. Wood, in litt. 1999). East Maui and the island of Hawaii. kalealaha on Maui is blocky lava flows The threats to Alectryon macrococcus Currently, on Maui there are two with little or no soil development; deep var. macrococcus on Maui include feral goats and pigs; nonnative plant species, occurrences with 18 individuals found pit craters; sheer rock walls in open such as Melinus minutiflora (molasses in Kalialinui within the East Maui canopy Metrosideros polymorpha- grass), Pennisetum clandestinum, Watershed Partnership on private and Acacia koa forest; montane shrubland; Psidium cattleianum, or Schinus federally (Haleakala National Park) Sophora chrysophylla forests or cliff terebinthifolius; damage from the black owned lands (GDSI 2001; Service 1998a; faces, and containing one or more of the twig borer; seed predation by rats and 59 FR 49025). following associated native plant mice (Mus musculus); fire; seed On Maui, Asplenium fragile var. species: Coprosma montana (pilo); predation by insects (probably the insulare is found in streamside hollows Dodonaea viscosa; Dubautia platyphylla endemic microlepidopteran Prays cf. and grottos in gulches that occur in (naenae); Leptecophylla tameiameiae; fulvocanella); loss of pollinators; mesic to dry subalpine shrubland Santalum haleakalae (iliahi); or depressed reproductive vigor; and dominated by Leptecophylla Vaccinium reticulatum. In addition, the caused by the very small remaining tameiameiae and Sadleria cyatheoides, habitat of Bidens micrantha ssp. number of individuals and their limited with scattered Metrosideros kalealaha is at elevations between 1,317 distribution, the likelihood that a single polymorpha, between 1,682 and 2,407 and 2,565 m (4,321 and 8,414 ft) natural or human-caused environmental m (5,518 and 7,896 ft). Associated (Ganders and Nagata 1999; HINHP disturbance could easily be native plant species include Dryopteris Database 2001; Service 1997; 57 FR catastrophic. The threats to A. wallichiana and Grammitis hookeri 20772; R. Hobdy, pers. comm., 2001). macrococcus var. auwahiensis on Maui (makue lau lii) (Service 1998a; 59 FR The threats to this species on Maui are damage from the black twig borer; 49025; R. Hobdy, pers. comm., 2001). are habitat destruction by feral goats, seed predation by rats and mice; habitat The primary threat to Asplenium pigs, and cattle; competition from a degradation by feral pigs, deer, and fragile var. insulare on the island of variety of invasive plant species; and escaped cattle; seed predation by insects Maui is the risk of extinction caused by fire (Service 1997; 57 FR 20772). (probably Prays cf. fulvocanella); random naturally occurring events due Bonamia menziesii (NCN) nonnative plant species; loss of to the small number of existing pollinators; depressed reproductive individuals (Service 1998a; Shaw 1992; Bonamia menziesii, a short-lived vigor; and caused by the very small 59 FR 49025). perennial member of the morning-glory remaining number of individuals and family (Convolvulaceae), is a vine with Bidens micrantha ssp. kalealaha twining branches that are fuzzy when their limited distribution, the likelihood (Kookoolau) that a single natural or human-caused young. This species is the only member environmental disturbance could be Bidens micrantha ssp. kalealaha, a of the genus that is endemic to the catastrophic (Service 1997; 57 FR short-lived member of the aster family Hawaiian Islands and differs from other 20772). (Asteraceae), is an erect perennial herb. genera in the family by its two styles, This subspecies can be distinguished by longer stems and petioles, and rounder Asplenium fragile var. insulare (NCN) the shape of the seeds, the density of the leaves (Austin 1999). Asplenium fragile var. insulare, a flower clusters, the numbers of ray and Little is known about the life history short-lived perennial member of the disk florets per head, differences in leaf of Bonamia menziesii. Flowering cycles, spleenwort family (Aspleniaceae), is a surfaces, and other characteristics pollination vectors, seed dispersal fern with a short sub-erect stem with a (Ganders and Nagata 1999; 57 FR agents, longevity, specific dull gray or brown main axis with two 20772). environmental requirements, and
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limiting factors are unknown (Service separated by several days; only five all within what is now the Northwestern 1999; 59 FR 56333). percent of the flowers produce pollen; Hawaiian Islands National Wildlife Historically, Bonamia menziesii was very few fruits are produced per Refuge, but has not been seen since known from Kauai, Oahu, Molokai, one inflorescence; there are 20 to 60 seeds 1973. This variety was never known location on West Maui, and the island per capsule; and plants in cultivation from Maui. Currently, C. agrimonioides of Hawaii. Currently, this species is have been known to flower at nine var. agrimonioides is known from Oahu known from Kauai, Oahu, Lanai, Maui, months of age. This species has been and Maui. On Maui, this variety is and Hawaii. On Maui, there are six observed in flower during August. Little known from one occurrence on State- occurrences containing a total of eight else is known about the life history of owned land (Kanaio NAR) at individuals on State (Kanaio NAR) and B. rockii. Flowering cycles, pollination Ukumehame and Kanaio, East Maui, privately owned lands within the West vectors, seed dispersal agents, longevity, containing an unknown number of Maui Mountains Watershed Partnership specific environmental requirements, individuals (Corn 1980; HINHP at Honokawai, Keokea, Haunauhane, and limiting factors are unknown Database 2001; Service 1999; 61 FR and Kanaio (GDSI 2001; HINHP (HINHP Database 2001; Service 1996b; 53108). Database 2001; Service 1999; 59 FR 57 FR 46325). Cenchrus agrimonioides var. 56333; K. Wood, in litt. 1999). Historically, Brighamia rockii ranged agrimonioides is found in mid-elevation Bonamia menziesii on Maui is found along the northern coast of East Molokai dry forest or Pleomele-Diospyros forest on a lava in mixed open dry forest, and may possibly have grown on Lanai associated with Alyxia oliviformis, Erythrina sandwicensis (wiliwili) and Maui. Currently, it is only extant on Dodonaea viscosa, Osteomeles lowland dry forest, or in mesic mixed Molokai (HINHP Database 2001; anthyllidifolia, or Santalum ellipticum Metrosideros polymorpha forest Lammers 1999; Service 1996b; 57 FR at elevations between 471 and 1,091 m containing one or more of the following 46325; K. Wood, in litt. 2000). (1,544 and 3,579 ft) (HINHP Database associated native plant species: Acacia Brighamia rockii occurs in rock 2001; Service 1999; 61 FR 53108; R. koaia (koaia); Achyranthes splendens crevices on steep sea cliffs, often within Hobdy, pers. comm., 2001). (Maui hinahina ewa); Alphitonia the spray zone, in coastal dry to mesic The major threats to the only known ponderosa; Alyxia oliviformis; forests and shrublands between 0 and occurrence of Cenchrus agrimonioides Diospyros sandwicensis; Dodonaea 195 m (0 and 640 ft). Associated plant var. agrimonioides on Maui are viscosa; Lipochaeta rockii (nehe); species include Diospyros sandwicensis, competition with nonnative plant Myoporum sandwicense; Nestegis Psydrax odorata (alahee), Osteomeles species, browsing and habitat sandwicensis; Nothocestrum latifolium anthyllidifolia, and Scaevola taccada degradation by goats and cattle and a (aiea); Nototrichium spp. (kului); (naupaka kahakai) (Service 1996b; 57 FR risk of extinction from naturally Pleomele auwahiensis; Pouteria 46325; J. Lau, pers. comm., 2001). sandwicensis; Osteomeles Nothing is known of the threats to occurring events and/or reduced anthyllidifolia; Reynoldsia sandwicensis Brighamia rockii on the island of Maui reproductive vigor caused by the small (ohe); Santalum ellipticum; Sicyos spp. (Service 1996b; 57 FR 46325). number of existing individuals (Service (anunu); Sida fallax; or Xylosma 1999; 61 FR 53108). Cenchrus agrimonioides (Kamanomano, hawaiiense, at elevations between 184 =sandbur, agrimony) Centaurium sebaeoides (Awiwi) and 906 m (604 and 2,971 ft) (HINHP Centaurium sebaeoides is an annual Database 2001; Service 1999; 59 FR Cenchrus agrimonioides is a short- herb in the gentian family 56333; R. Hobdy, pers. comm., 2001; K. lived perennial member of the grass (Gentianaceae) with fleshy leaves and Wood, in litt. 1999). family (Poaceae) with leaf blades that The primary threats to this species on are flat or folded and have a prominent stalkless flowers. This species is Maui are habitat degradation and midrib. There are two varieties, C. distinguished from C. erythraea (bitter possible predation by feral pigs, goats, agrimonioides var. laysanensis and C. herb), which is naturalized in Hawaii, axis deer, and cattle; competition with agrimonioides var. agrimonioides. They by its fleshy leaves and the unbranched a variety of nonnative plant species, differ from each other in that var. arrangement of the flower cluster particularly Bocconia frutescens or agrimonioides has smaller burs, shorter (Wagner et al. 1999). Lantana camara; and an nonnative stems, and narrower leaves. This species Centaurium sebaeoides has been beetle (Physomerus grossipes) (Service is distinguished from others in the observed flowering in April. Flowering 1999; 59 FR 56333). genus by the cylindrical to lance-shaped may be induced by heavy rainfall. bur and the arrangement and position of Occurrences are found in dry areas, and Brighamia rockii (Pua ala) the bristles (O’Connor 1999). plants are more likely to be found Brighamia rockii, a long-lived Little is known about the life history following heavy rains. Little else is perennial member of the bellflower of Cenchrus agrimonioides. Flowering known about the life history of this family (Campanulaceae), grows as an cycles, pollination vectors, seed plant. Its flowering cycles, pollination unbranched stem-succulent with a dispersal agents, longevity, specific vectors, seed dispersal agents, longevity, thickened stem that tapers from the environmental requirements, and specific environmental requirements, base. This species is a member of a limiting factors are unknown. This and limiting factors are unknown unique endemic Hawaiian genus with species has been observed to produce (Service 1999; 56 FR 55770). only one other species, found on Kauai, fruit year-round (Service 1999; 61 FR Historically and currently, from which it differs by the color of its 53108). Centaurium sebaeoides is known from petals, its longer calyx (fused sepals) Historically, Cenchrus agrimonioides Kauai, Oahu, Molokai, Lanai, and Maui. lobes, and its shorter flower stalks var. agrimonioides was known from On Maui, there are 3 occurrences of this (Lammers 1999). Oahu, Lanai, the south slope of species, with a total of more than 50 Observations of Brighamia rockii have Haleakala and Ulupalakua on Maui, and individuals, on State and privately provided the following information: The (in an undocumented report) the island owned lands at Kahakuloa Head, reproductive system is protandrous, of Hawaii. Historically, C. Lahoole, and Kupaa Gulch (HINHP meaning male flower parts are produced agrimonioides var. laysanensis was Database 2001; Service 1999; Wagner et before female parts, in this case, known from Laysan, Kure, and Midway, al. 1999; 56 FR 55770).
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This species typically grows in 1996a; 59 FR 10305; R. Hobdy, pers. Ilex anomala; Melicope spp.; or Myrsine volcanic or clay soils or on cliffs in comm., 2001). spp. (HINHP Database 2001; Service windward coastal areas at elevations The threats to Clermontia lindseyana 1997; 57 FR 20772; R. Hobdy, pers. between 0 and 194 m (0 and 636 ft) and are trampling and grazing by cattle, comm., 2001). containing one or more of the following trampling and browsing by goats, and The only known population of this associated native plant species: Bidens trampling and rooting by pigs; species on Maui is vulnerable to mauiensis; Lycium sandwicense (ohelo competition with the nonnative plant extinction from a natural or human- kai); Lysimachia mauritiana (kolokolo Pennisetum clandestinum; and caused environmental disturbance kuahiwi); Melanthera integrifolia consumption of berries, flowers, and caused by its small size; depressed (nehe); Panicum torridum (kakonakona); vegetation by black rats (Service 1996a; reproductive vigor; competition with Scaevola taccada; or Schiedea globosa 59 FR 10305). the nonnative plant species Tibouchina (NCN) (HINHP Database 2001; Service Clermontia oblongifolia ssp. mauiensis herbacea; and habitat degradation by 1999; Wagner et al. 1999; 56 FR 55770; (Oha wai) feral pigs (Service 1997; 57 FR 20772). R. Hobdy, pers. comm., 2001). The major threats to this species on Clermontia oblongifolia ssp. Clermontia peleana (Oha wai) Maui are habitat degradation by feral mauiensis, a short-lived perennial Clermontia peleana, a member of the goats and cattle, competition from the member of the bellflower family bellflower family (Campanulaceae) and nonnative plant species Leucaena (Campanulaceae), is a shrub or tree with a short-lived perennial, is an epiphytic leucocephala, trampling by humans on oblong to lance-shaped leaves with shrub or tree that grows on native trees or near trails, and fire (Service 1999; 56 petioles. Clermontia oblongifolia is and tree ferns. Two subspecies are FR 55770). distinguished from other members of recognized: C. peleana ssp. singuliflora the genus by its calyx and corolla, (with greenish-white petals) and C. Clermontia lindseyana (Oha wai) which are similar in color and are each peleana ssp. peleana (with blackish- Clermontia lindseyana, a short-lived fused into a curved tube that falls off as purple petals). This species can be perennial member of the bellflower the flower ages. The species is also separated from other Hawaiian members family (Campanulaceae), is a small, distinguished by the leaf shape, the of the genus by its epiphytic growth, branched tree that grows 2.5 to 6 m (8.2 male floral parts, the shape of the flower small triangular green calyx lobes, and to 20 ft) tall. Clermontia lindseyana is buds, and the lengths of the leaf and single-lipped flowers (Lammers 1999). either terrestrial or epiphytic. flower stalks, the flower, and the Clermontia peleana has been Clermontia lindseyana is easily smooth green basal portion of the flower observed in flower during June and distinguished from the other species (the hypanthium). Clermontia November, and in fruit during within this genus by several characters: oblongifolia ssp. mauiensis is reported November. Little else is known about Much larger leaves and flowers; petals from Maui and Lanai, while ssp. the life history of C. peleana. Flowering similar to sepals; and spreading floral oblongifolia is only known from Oahu cycles, pollination vectors, seed lobes. Rock (1962) commented on the and ssp. brevipes is only known from dispersal agents, longevity, specific leaves being conspicuously hairy Molokai (Lammers 1988, 1999; 57 FR environmental requirements, and beneath (Cuddihy et al. 1983; Lammers 20772). limiting factors are unknown (HINHP 1999). Clermontia oblongifolia ssp. Database 2001; Service 1996a; 59 FR This species has been observed in mauiensis is known to flower from 10305). fruit from June to October and in flower November to July. Little else is known Clermontia peleana ssp. singuliflora from February to August. Little else is about the life history of this species. was formerly found on the island of known about the life history of Flowering cycles, pollination vectors, Hawaii and on East Maui, but has not Clermontia lindseyana. Flowering seed dispersal agents, longevity, specific been seen in either place since the early cycles, pollination vectors, seed environmental requirements, and 1900s (HINHP Database 2001; Service dispersal agents, longevity, specific limiting factors are unknown (Rock 1996a; Wagner et al. 1999; 59 FR 10305; environmental requirements, and 1919; Service 1997; 57 FR 20772). Lyman Perry, DOFAW, pers. comm., limiting factors are unknown (HINHP Historically, Clermontia oblongifolia 2000). Database 2001; Service 1996a; 59 FR ssp. mauiensis was known from Lanai Nothing is known of the preferred 10305). and Honomanu Valley on Haleakala, habitat of or native plant species Historically, Clermontia lindseyana East Maui. Currently, it is known from associated with Clermontia peleana on was known from Maui and the island of Lanai and West Maui. This species is the island of Maui (R. Hobdy, pers. Hawaii. The two Maui occurrences are currently known from one occurrence comm., 2001; Service 1996a; 59 FR located in Waiopai and Wailaulau with an unknown number of 10305) or of the threats to Clermontia Gulches in the Kahikinui and Kula individuals, at Kaulalewelewe on peleana on the island of Maui (Service Forest Reserves on State and private privately owned land within the West 1996a; 59 FR 10305). lands, and are estimated to total about Maui Mountains Watershed Partnership 330 individuals (GDSI 2001, HINHP (GDSI 2001; HINHP Database 2001; Colubrina oppositifolia (Kauila) Database 2001, Service 1996a, 59 FR Lammers 1999; Service 1997; 57 FR Colubrina oppositifolia, a member of 10305; Arthur Medeiros, USGS–BRD, in 20772). the buckthorn family (Rhamnaceae), is a litt. 2000). This plant typically grows on the long-lived tree with extremely hard, red On Maui, Clermontia lindseyana sides of ridges and ridge tops in wood. This species is readily grows in Acacia koa mesic forest Metrosideros polymorpha-dominated distinguished from the other species in containing one or more of the following montane wet forests at elevations Hawaii by the opposite leaf position, associated native plant species: between 414 and 1,764 m (1,358 and dull leaf surface, and entire leaf margins Coprosma spp.; Cyrtandra spp.; Ilex 5,787 ft) and containing one or more of (Wagner et al. 1999). anomala (kawau); Myrsine spp.; or the following associated native plant This species has been observed in native fern species, at elevations species: Cheirodendron spp. (NCN); fruit and flower in September and June, between 1,142 and 1,870 m (3,747 and Clermontia spp.; Coprosma spp.; and in flower during December and 6,134 ft) (HINHP Database 2001; Service Dicranopteris linearis; Hedyotis spp.; January. Little else is known about the
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life history of Colubrina oppositifolia. Mountains Watershed Partnership owned land in Iao Valley and Kapilau Flowering cycles, pollination vectors, (GDSI 2001; HINHP Database 2001; Ridge (GDSI 2001; HINHP Database seed dispersal agents, longevity, specific Service 1998a; 59 FR 49025; J. Lau in 2001; Service 1999; 61 FR 53108). environmental requirements, and litt. 2000; J. Lau, pers. comm., 2000; H. This species is typically found on limiting factors are unknown (HINHP Oppenheimer, in litt. 2000; K. Wood, rocky or steep slopes of stream banks in Database 2001; Service 1996a; 59 FR pers. comm., 2000). wet forest gulch bottoms often 10305). This species is found in the forest dominated by Metrosideros polymorpha Historically and currently, Colubrina understory of Metrosideros polymorpha at elevations between 312 and 1,617 m oppositifolia is known from Oahu, montane wet forest or diverse mesic (1,024 and 5,305 ft) and containing one Maui, and the island of Hawaii. forest at elevations between 74 and or more of the following associated Currently on Maui, there are two 1,593 m (243 and 5,226 ft) and native plant species: Antidesma spp.; occurrences containing one individual containing one or more of the following Bobea spp.; Myrsine spp.; Nestegis each on privately owned land in native plant species: Alyxia oliviformis; sandwicensis; Psychotria spp.; or Honokawai in Lahaina District and in Antidesma spp. (hame); Bobea spp. Xylosma spp. (Service 1999; 61 FR Auwahi in Hana District (GDSI 2001; (ahakea); Canavalia spp.; Coprosma 53108; R. Hobdy, pers. comm., 2001). HINHP Database 2001; Service 1996a; spp.; Dicranopteris linearis; Doodia spp. The threats to this species on Maui Warshauer 1998; 59 FR 10305). (okupukupu lauii); Dryopteris spp. are habitat degradation and/or The habitat of this species is lowland (NCN); Freycinetia arborea; Hedyotis destruction caused by axis deer, goats, dry and mesic forest dominated by terminalis; Hibiscus kokio ssp. kokio and pigs; competition with various Diospyros sandwicensis, at elevations (kokio); Myrsine spp.; Peperomia spp. nonnative plants; random naturally between 192 and 929 m (630 and 3,047 (ala ala wainui); Pittosporum spp. occurring events that could cause ft) and containing one or more of the (hoawa); Pleomele spp. (hala pepe); extinction caused by the small number following associated native plant Pritchardia spp.; Psychotria spp.; of existing individuals; trampling by species: Bidens micrantha ssp. Remya mauiensis; Sadleria spp.; hikers; landslides; rats; and slugs micrantha (kookoolau); Canavalia spp. Schiedea pubescens var. pubescens (Service 1999; 61 FR 53108). (awikiwiki); Dodonaea viscosa; (NCN); or Xylosma spp. (HINHP Cyanea lobata (Haha) Freycinetia arborea (ieie); Metrosideros Database 2001; Service 1998a; 59 FR polymorpha; Microlepia strigosa; 49025; R. Hobdy, pers. comm., 2001; H. Cyanea lobata, a short-lived member Pleomele auwahiensis; Psydrax odorata; Oppenheimer, pers. comm., 2000). of the bellflower family Reynoldsia sandwicensis; or The primary threats to Ctenitis (Campanulaceae), is a sparingly Wikstroemia spp. (HINHP Database squamigera are habitat degradation by branched perennial shrub with smooth 2001; Service 1996a; 59 FR 10305; R. feral pigs, goats, and axis deer; to somewhat rough stems and oblong, Hobdy, pers. comm., 2001). competition with nonnative plant irregularly lobed leaves. This species is The threats to this species on Maui species, especially Psidium cattleianum distinguished from other species of are habitat destruction by feral pigs, and Schinus terebinthifolius; fire; and Cyanea by the size of the flower and the competition with the nonnative plants extinction from naturally occurring irregularly lobed leaves with petioles Lantana camara and Schinus events caused by the small number of (Lammers 1990). terebinthifolius, the black twig borer, existing occurrences and individuals Cyanea lobata is known to flower Chinese rose beetle (Adoretus sinicus), (Service 1998a; 59 FR 49025). from August to February, even in fire; and its small number of individuals as small as 50 cm (20 in) in Cyanea grimesiana ssp. grimesiana occurrences and limited distribution height. Little else is known about the (Haha) (Service 1996a; 59 FR 10305). life history of Cyanea lobata. Flowering Cyanea grimesiana ssp. grimesiana, a cycles, pollination vectors, seed Ctenitis squamigera (Pauoa) short-lived member of the bellflower dispersal agents, longevity, specific Ctenitis squamigera is a short-lived family (Campanulaceae), is a perennial environmental requirements, and perennial of the woodfern family shrub with pinnately divided leaves. limiting factors are unknown (Degener (Dryopteridaceae). Ctenitis squamigera This species is distinguished from 1936; Rock 1919; Service 1997; 57 FR can be readily distinguished from other others in this endemic Hawaiian genus 20772). Hawaiian species of Ctenitis by the by the pinnately lobed leaf margins and Historically, Cyanea lobata was dense covering of tan-colored scales on the width of the leaf blades. This known from Lanai and West Maui. It is its frond (Degener and Degener 1957; subspecies is distinguished from the no longer extant on Lanai. On Maui, Wagner and Wagner 1992). other two subspecies by the shape and there are currently 5 occurrences with a Little is known about the life history size of the calyx lobes, which overlap at total of 12 individuals on privately of Ctenitis squamigera. Its reproduction the base (Lammers 1990). owned land within the West Maui cycles, dispersal agents, longevity, On Molokai, flowering plants have Mountains Watershed Partnership at specific environmental requirements, been reported in July and August. Little Kaulalewelewe, Honolowai, and limiting factors are unknown else is known about the life history of Honokohau, and Waikapu (GDSI 2001; (Service 1998a; 59 FR 49025). Cyanea grimesiana ssp. grimesiana. HINHP Database 2001; Lammers 1999; Historically, Ctenitis squamigera was Flowering cycles, pollination vectors, Service 1997; 57 FR 20772). recorded from the islands of Kauai, seed dispersal agents, longevity, specific This species has been seen and Oahu, Molokai, Lanai, Maui, and environmental requirements, and collected on steep stream banks in deep Hawaii. It is currently found on Oahu, limiting factors are unknown (Service shade in wet forest at elevations Lanai, Molokai, and Maui. On Maui, 1999; 61 FR 53108). between 204 and 1,530 m (669 and there are 12 occurrences with 41 Historically and currently, Cyanea 5,020 ft) and containing one or more of individuals on State (West Maui Forest grimesiana ssp. grimesiana is known the following associated native plant Reserve) and privately owned lands at from Oahu, Molokai, Lanai, and species: Antidesma spp.; Athyrium spp. Honolua, Kahana, Honokawai, scattered locations on Maui. Currently (akolea); Clermontia kakeana; Cyrtandra Wahikuli, Kapilau Ridge, Paupau, and on Maui, there are two occurrences with spp.; Freycinetia arborea; Metrosideros Hukoula within the West Maui a total of five individuals on privately polymorpha; Morinda trimera (noni
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kuahiwi); Peperomia spp.; Pipturus (mamaki); Pittosporum spp.; Pouteria Nothing is known of the preferred albidus; Pleomele spp.; Psychotria spp.; sandwicensis; Psychotria spp.; Sadleria habitat of or native plant species Touchardia latifolia; or Xylosma spp. spp.; Scaevola spp. (naupaka); Sicyos associated with Delissea undulata var. (HINHP Database 2001; Lammers 1999; spp.; Strongylodon ruber (nuku iiwi); undulata on the island of Maui (Service Service 1997; 57 FR 20772; R. Hobdy, Xylosma spp.; or Zanthoxylum kauense 1996a; 61 FR 53124; R. Hobdy, pers. pers. comm., 2001). (ae) (HINHP Database 2001; Service comm., 2001) or of the threats to The threats to this species on Maui 1995b; 57 FR 20772; R. Hobdy, pers. Delissea undulata var. undulata on the are habitat degradation by feral pigs, comm., 2001). island of Maui (Service 1996a; 61 FR depressed reproductive vigor, and The threats to this species on Maui 53124). natural or human-caused environmental are from competition with the nonnative disturbance that could easily be Diellia erecta (Asplenium-leaved plant species Melinis minutiflora, diellia) catastrophic caused by the small Paspalum conjugatum, Pluchea number of remaining individuals and carolinensis (sourbush), Psidium Diellia erecta, a short-lived perennial the limited and scattered distribution of cattleianum, and Rubus rosifolius; loss fern in the spleenwort family the species (Service 1997; 57 FR 20772). of appropriate pollinators; a very small (Aspleniaceae), grows in tufts of three to nine lance-shaped fronds emerging from Cyrtandra munroi (Haiwale) number of extant individuals which can cause depressed reproductive vigor; and a rhizome covered with brown to dark Cyrtandra munroi, a short-lived the effects of random environmental gray scales. This species differs from perennial and member of the African events that could easily be catastrophic other members of the genus in having violet family (Gesneriaceae), is a shrub caused by the small number of brown or dark gray scales usually more with opposite, elliptic to almost circular than 2 cm (0.8 in) in length, fused or occurrences on Maui (Service 1995b; 57 leaves that are sparsely to moderately separate sori along both margins, shiny FR 20772). hairy on the upper surface and covered black midribs that have a hardened with velvety, rust-colored hairs Delissea undulata (NCN) surface, and veins that do not usually underneath. This species is encircle the sori (Degener and Delissea undulata, a member of the distinguished from other species of the Greenwell 1950; Smith 1934; Wagner bellflower family (Campanulaceae) and genus by the broad opposite leaves, the 1952). length of the flower cluster stalks, the a short-lived perennial, is an Little is known about the life history size of the flowers, and the amount of unbranched, palm-like, woody-stemmed of Diellia erecta. Reproduction cycles, hair on various parts of the plant tree with a dense cluster of leaves at the dispersal agents, longevity, specific (Wagner et al. 1999). tip of the stem. One or two knob-like environmental requirements, and The reproductive biology of some structures often occur on the back of the limiting factors are unknown (Service species of Cyrtandra has been studied, flower tube. Three subspecies, all but 1999; 59 FR 56333). but not on C. munroi specifically. the last of which are considered extinct, Historically, Diellia erecta was known Studies of other members of the genus may be separated on the basis of leaf on Kauai, Oahu, Molokai, Lanai, Maui, suggest that a specific pollinator may be shape and margin characters: In D. and the island of Hawaii. Currently, it necessary for successful pollination. undulata var. kauaiensis, the leaf blades is known from Kauai, Molokai, Maui, Seed dispersal may be via birds that eat are oval and flat-margined with sharp and Hawaii. On Maui, there are 5 the fruits. Flowering time, longevity of teeth; in D. undulata var. niihauensis, known occurrences with a total of 35 plants and seeds, specific the leaf blades are heart shaped and flat- individual plants on State (West Maui environmental requirements, and other margined with shallow, rounded teeth; Forest Reserve, Manawainui Plant limiting factors are unknown (Service and in D. undulata var. undulata, the Sanctuary, and Department of Hawaiian 1995b; 57 FR 20772). leaf blades are elliptic to lance-shaped Home Lands) and privately owned lands Cyrtandra munroi was historically and wavy-margined with small, sharply within the West Maui Mountains and is currently known from Lanai and pointed teeth. This species is separated Watershed Partnership in Iao Valley, West Maui. Currently on Maui, there are from the other closely related members Hanaulaiki, Manawainui Gulch, near 5 occurrences with a total of of the genus by its large flowers and Polipoli in Kamaole, and west of approximately 1,000 individuals on berries and broad leaf bases. Delissea Waiopai Gulch (GDSI 2001; HINHP private and State (West Maui Forest undulata ssp. undulata is the only Database 2001; Service 1999; 59 FR Reserve) owned lands within the West subspecies known from Maui (Lammers 56333). Maui Mountains Watershed Partnership 1990). This species is found in steep slopes in Kahanaiki Gulch, Pulepule Gulch, Delissea undulata var. undulata has or gulch sides in deep shade in Acacia Honokahua Gulch, along Makamakaole been observed in fruit and flower during koa-Metrosideros polymorpha low-to Stream, and Hahakea (GDSI 2001; December. Little else is known about the mid-elevation mesic forests between 338 HINHP Database 2001; Service 1995b; life history of D. undulata var. undulata. and 1,744 m (1,109 and 5,722 ft) and Wagner et al. 1999; 57 FR 20772). Flowering cycles, pollination vectors, containing one or more of the following The habitat of this species is rich, seed dispersal agents, longevity, specific associated native plant species: moist to wet, moderately steep talus environmental requirements, and Coprosma spp.; Dodonaea viscosa; slopes in lowland wet Metrosideros limiting factors are unknown (HINHP Dryopteris unidentata (akole); polymorpha forest at elevations between Database 2001; Service 1996a; 61 FR Leptecophylla tameiameiae; Melicope 390 and 1,108 m (1,280 and 3,635 ft) 53124). spp.; Myrsine spp.; Osteomeles and containing one or more of the Delissea undulata var. undulata was anthyllidifolia; or Psychotria spp. following associated native plant known from southwestern Maui, (HINHP Database 2001; Service 1999; 59 species: Alyxia oliviformis; Bobea spp.; western Hawaii, and Niihau. Currently FR 56333; R. Hobdy, pers. comm., Clermontia spp.; Coprosma spp.; it occurs on Kauai and the island of 2001). Cyrtandra spp.; Diospyros spp. (lama); Hawaii (GDSI 2001; HINHP Database The major threats to Diellia erecta on Freycinetia arborea; Hedyotis 2001; Service 1996a; 61 FR 53124; Linda Maui are habitat degradation by pigs, acuminata; Melicope spp.; Myrsine spp.; Pratt, USGS-BRD, pers. comm., 2001; K. goats, and cattle; competition with Perrottetia sandwicensis; Pipturus spp. Wood, pers. comm., 2001). nonnative plant species, including
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Blechnum occidentale (NCN); and similar Hawaiian species in the family young side shoots which soon die. random naturally occurring events that by its hairless whitish lower leaf Plants have been observed flowering could cause extinction and/or reduced surfaces and round fruits (Hayden 1999; from late November to January, but reproductive vigor caused by the small Linney 1982; Neal 1965; Service 1999). flowering probably depends on number of existing individuals (Service Individual trees of Flueggea precipitation. Little else is known about 1999; 59 FR 56333). neowawraea bear only male or female the life history of G. vitifolia. Flowering flowers, and must be cross-pollinated cycles, pollination vectors, seed Diplazium molokaiense (NCN) from a different tree to produce viable dispersal agents, longevity, specific Diplazium molokaiense, a short-lived seed. Little else is known about the life environmental requirements, and perennial member of the woodfern history of F. neowawraea. Flowering limiting factors are unknown (Service family (Dryopteridaceae), has a short cycles, pollination vectors, seed 1998b; 59 FR 32932). prostrate rhizome and green or straw- dispersal agents, longevity, specific Historically, Gouania vitifolia was colored leaf stalks with thin-textured environmental requirements, and known from West Maui, the Kau District fronds. This species can be limiting factors are unknown (Hayden of the island of Hawaii, and Oahu. The distinguished from other species of 1999; Service 1999; 59 FR 56333). species currently occurs on Oahu and Diplazium in the Hawaiian Islands by a Historically, Flueggea neowawraea on the island of Hawaii (GDSI 2001; combination of characteristics, was known from the islands of Oahu, Service 1998b; 59 FR 32932; Jon Giffin, including venation pattern, the length Kauai, Molokai, and Hawaii. Currently, DOFAW, in litt. 2000). and arrangement of the sori, frond occurrences are known from Kauai, On Maui, Gouania vitifolia typically shape, and the degree of dissection of Oahu, East Maui, and Hawaii. On Maui, grows on the sides of ridges and gulches the frond (Wagner and Wagner 1992). there are four occurrences on State in dry to mesic forests at elevations Little is known about the life history (DHHL) and privately owned lands at between 155 and 1,326 m (509 and of Diplazium molokaiense. Auwahi, and above Lualailua and Alena 4,350 ft). Associated plant species Reproductive cycles, dispersal agents, (GDSI 2001; HINHP Database 2001; include: Bidens spp.; Carex meyenii longevity, specific environmental Service 1999; 59 FR 56333; Mahealani (NCN); Chamaesyce spp. (akoko); requirements, and limiting factors are Kaiaokamalie, Ulupalakua Ranch, in litt. Diospyros sandwicensis; Dodonaea unknown (Service 1998a; 59 FR 49025). 2000). viscosa; Erythrina sandwicensis; Historically, Diplazium molokaiense Flueggea neowawraea occurs in dry or Hedyotis spp.; Hibiscus spp.; Melicope was found on Kauai, Oahu, Molokai, mesic forest at elevations between 633 spp.; Nestegis sandwicensis; Pipturus Lanai, and East and West Maui. and 971 m (2,078 and 3,186 ft) and albidus; Psychotria spp.; or Urera glabra Currently, this species is only known containing one or more of the following (opuhe) (Service 1998b; 59 FR 32932; J. from Maui. Four occurrences with a associated native plant species: Lau, pers. comm., 2001). total of 23 individuals are found on Alectryon macrococcus; Antidesma Nothing is known of the threats to State (Kula and Kahikinui Forest pulvinatum; Bobea timonioides Gouania vitifolia on the island of Maui Reserves) and privately owned lands (ahakea); Charpentiera spp. (papala); (Service 1998b; 59 FR 32932). within the East Maui Watershed Diplazium sandwichianum; Diospyros Hedyotis coriacea (Kioele) Partnership near Polipoli in Kamaole, spp.; Myrsine lanaiensis (kolea); between Kahakapao Gulch and Puu O Nesoluma polynesicum (keahi); Nestegis Hedyotis coriacea, a member of the Kakae, Honomanu, and Waiopai Gulch sandwicensis; Pleomele auwahiensis; coffee family (Rubiaceae), is a small, (GDSI 2001; HINHP Database 2001; Pleomele spp.; Pouteria sandwicensis; short-lived perennial shrub with Service 1998a; Warshauer 1998; 59 FR Psydrax odorata; Rauvolfia leathery leaves which are generally 49025). sandwicensis (hao); or Tetraplasandra elliptic to oblong in shape, 3 to 8 cm This species occurs near water spp. (oheohe) (HINHP Database 2001; (1.2 to 3.1 in) long and usually 1.5 to 3 courses, often in proximity to waterfalls, Service 1999; 59 FR 56333; R. Hobdy, cm (0.6 to 1.2 in) wide. This species is in lowland or montane mesic pers. comm., 2001). distinguished from others of the genus Metrosideros polymorpha-Acacia koa The threats to the populations on by its small, triangular calyx lobes, forest at elevations between 273 and Maui are the black twig borer; habitat which do not enlarge in fruit, and the 1,917 m (896 and 6,289 ft) (HINHP degradation by feral pigs, goats, deer, combination of capsules which are Database 2001; Service 1998a; 59 FR and cattle; competition with nonnative longer than wide and flower buds which 49025; R. Hobdy, pers. comm., 2001). plant species; depressed reproductive are square in cross-section (Wagner et The primary threats on Maui are vigor; the risk of extinction from a al. 1999). habitat degradation by feral goats, cattle, random environmental event caused by Little is known about the life history pigs, and axis deer; competition with the small number of individuals; and of Hedyotis coriacea. Flowering cycles, nonnative plant species; decreased predation of the fruit by rats (HINHP pollination vectors, seed dispersal reproductive vigor; and extinction from Database 2001; Service 1999; 59 FR agents, longevity, specific randomly occurring natural events 56333). environmental requirements, and caused by the small number of limiting factors are unknown (Service occurrences and individuals (HINHP Gouania vitifolia (NCN) 1997; 57 FR 20772). Database 2001; Service 1998a; 59 FR Gouania vitifolia, a member of the Historically, Hedyotis coriacea was 49025). buckthorn family (Rhamnaceae) and a known from Oahu and the island of short-lived perennial, is a climbing Hawaii. Considered extinct on all Flueggea neowawraea (Mehamehame) shrub with tendriled flowering islands in recent years, this species was Flueggea neowawraea, a long-lived branches. This species differs from other discovered in 1990 by Steve Perlman in perennial member of the spurge family members of its genus by having the State-owned Lihau section of the (Euphorbiaceae), is a large tree with flowering branches with a tendril and West Maui NAR and in 1991 on the white oblong pores covering its scaly, coarsely wavy to toothed leaf margins 1859 lava flow in the Pohakuloa pale brown bark. This species is the (Wagner et al. 1999). Training Area, island of Hawaii. only member of the genus found in In winter and late spring, the main Currently, only a single individual is Hawaii and can be distinguished from vine of Gouania vitifolia produces new known from West Maui on State-owned
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land within the West Maui Mountains Hedyotis mannii on Maui is competition with nonnative plant Watershed Partnership (GDSI 2001; threatened by landslides; competition species; impact by humans; and HINHP Database 2001; Service 1997; 57 with the nonnative plant species extinction caused by random FR 20772). Ageratina adenophora, Buddleia environmental events or reduced Hedyotis coriacea is found on steep, asiatica (butterfly bush), Clidemia hirta, reproductive vigor caused by the small rocky slopes in dry lowland Dodonaea Pluchea carolinensis (sourbush), and number of remaining individuals viscosa-dominated shrublands at Rubus rosifolius; and the low number of (HINHP Database 2001; Service 1998b; elevations between 110 and 937 m (361 individuals which makes it extremely 59 FR 14482). and 3,074 ft) and containing one or vulnerable to extinction by random Hesperomannia arbuscula (NCN) more of the following associated native naturally occurring events (Service plant species: Bidens menziesii 1996b; 57 FR 46325; K. Wood, in litt. Hesperomannia arbuscula, a long- (kookoolau); Gouania hillebrandii 2000). lived perennial member of the aster (NCN); Melanthera lavarum; Myoporum family (Asteraceae), is a small shrubby sandwicense; Schiedea menziesii Hesperomannia arborescens (NCN) tree, 2 to 3.3 m (7 to 11 ft) tall. This (NCN); or Sida fallax (HINHP Database Hesperomannia arborescens, a long- species can be distinguished from other 2001; Service 1997; 57 FR 20772; R. lived perennial of the aster family members of the genus by the erect Hobdy, pers. comm., 2001). (Asteraceae), is a small shrubby tree that flower heads and the leaves, usually The single remaining individual of usually stands 1.5 to 5 m (5 to 16 ft) tall. hairy beneath, which are one to two Hedyotis coriacea on Maui is threatened This member of an endemic Hawaiian times as long as wide (Wagner et al. by extinction from a random naturally genus differs from other Hesperomannia 1999). occurring event (Service 1997; 57 FR species in having the following Hesperomannia arbuscula usually 20772). combination of characteristics: Erect to flowers in the spring, depending on ascending flower heads; thick flower precipitation. Seeds mature in about 6 Hedyotis mannii (Pilo) head stalks; and usually hairless and weeks and trees live about 10 to 15 Hedyotis mannii, a member of the relatively narrow leaves (Wagner et al. years. Little else is known about the life coffee family (Rubiaceae), is a short- 1999). history of H. arbuscula. Flowering lived perennial plant with smooth, This species has been observed in cycles, pollination vectors, seed usually erect stems 30 to 60 cm (1 to 2 flower from April through June and in dispersal agents, longevity, specific ft) long, which are woody at the base fruit during March and June. Little else environmental requirements, and and four-angled or winged. This species’ is known about the life history of limiting factors are unknown (Service growth habit; its quadrangular or Hesperomannia arborescens. Flowering 1998b; 56 FR 55770). winged stems; the shape, size, and cycles, pollination vectors, seed Historically and currently, texture of its leaves; and its dry capsule, dispersal agents, longevity, specific Hesperomannia arbuscula is known which opens when mature, separate it environmental requirements, and from Oahu and West Maui. On Maui, from other species of the genus (Wagner limiting factors are unknown (Service there are 8 occurrences with a total of et al. 1999). 1998b; 59 FR 14482). 37 individuals, on privately owned land Little is known about the life history Hesperomannia arborescens was along Waihee Stream and Nakalaloa of Hedyotis mannii. Flowering cycles, formerly known from Oahu, Molokai, within the West Maui Mountains pollination vectors, seed dispersal and Lanai. This species is now known Watershed Partnership (GDSI 2001; agents, longevity, specific from Oahu, Molokai, and Maui. There HINHP Database 2001; Service 1998b; environmental requirements, and are four occurrences with a total of six 56 FR 55770; K. Wood, in litt. 1999). limiting factors are unknown (Service individuals on State (Kahukuloa section Hesperomannia arbuscula typically 1996b; 57 FR 46325). of the West Maui NAR) and privately grows on steep forested slopes and Currently and historically, Hedyotis owned lands in Honokohau and Lanilii ridges in mesic forest dominated by mannii is known from Lanai, West within the West Maui Mountains Metrosideros polymorpha or Diospyros Maui, and Molokai. On Maui, there is a Watershed Partnership (GDSI 2001; sandwicensis at elevations between 354 single occurrence of approximately 20 HINHP Database 2001; Service 1998b; and 1,453 m (1,161 and 4,767 ft) and individuals located on private land in 59 FR 14482). containing one or more of the following Kauaula Valley (GDSI 2001; Service Hesperomannia arborescens is found associated native plant species: Alyxia 1996b; 57 FR 46325; K. Wood, in litt. on slopes or ridges in lowland mesic or oliviformis; Bidens spp.; Cheirodendron 2000). wet forest at elevations between 346 and spp.; Clermontia spp.; Cyanea spp.; The occurrence on Maui is found on 1,422 m (1,135 and 4,665 ft) and Psychotria spp.; or Tetraplasandra spp. basalt cliffs along stream banks in containing one or more of the following (HINHP Database 2001; Service 1998b; Metrosideros polymorpha-Dicranopteris associated native plant species: 56 FR 55770; R. Hobdy and J. Lau, pers. linearis montane wet forest at elevations Antidesma spp.; Bobea spp.; comm., 2001). between 340 and 1,593 m (1,115 and Cheirodendron spp.; Clermontia spp.; The major threats to Hesperomannia 5,226 ft) and containing one or more of Cibotium spp.; Coprosma spp.; arbuscula on Maui are habitat the following associated native plant Dicranopteris linearis; Freycinetia degradation by feral pigs, competition species: Boehmeria grandis; Carex arborea; Isachne distichophylla; from nonnative plant species, trampling meyenii; Cyanea spp. (haha); Cyrtandra Machaerina spp.; Melicope spp.; by humans, and extinction from grayi (haiwale); Cyrtandra hawaiensis Metrosideros polymorpha; Myrsine naturally occurring random events (haiwale); Cyrtandra platyphylla (ilihia); sandwicensis (kolea); Pipturus spp.; caused by the small number of Hedyotis acuminata; Isachne Psychotria spp.; or Sadleria spp. occurrences (Service 1998b; 56 FR distichophylla (ohe); Machaerina spp. (HINHP Database 2001; Service 1998b; 55770). (uki); Phyllostegia spp. (NCN); Pipturus 59 FR 14482; R. Hobdy, pers. comm., albidus; Psychotria spp.; Touchardia 2001). Hibiscus brackenridgei (Mao hau hele) latifolia; or Urera glabra (Service 1996b; The major threats to Hesperomannia Hibiscus brackenridgei, a short-lived 57 FR 46325; R. Hobdy, pers. comm., arborescens on Maui are habitat perennial member of the mallow family 2001; K. Wood, in litt. 2000). degradation by feral pigs and goats; (Malvaceae), is a sprawling to erect
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shrub or small tree. This species differs reduced reproductive vigor caused by Isodendrion pyrifolium (Wahine noho from other members of the genus in small occurrence size and the limited kula) having the following combination of number of individuals (Service 1999; 59 Isodendrion pyrifolium, a short-lived characteristics: Yellow petals; a calyx FR 56333). perennial of the violet family consisting of triangular lobes with Ischaemum byrone (Hilo ischaemum) (Violaceae), is a small, branched shrub raised veins and a single midrib; bracts with elliptic to lance-shaped leaf blades. attached below the calyx, and thin Ischaemum byrone, a short-lived The papery-textured blade has stipules (leaf bracts) that fall off, leaving member of the grass family (Poaceae), is moderately hairy veins. Below the an elliptical scar. Two subspecies are a perennial species with creeping petiole are oval, hairy stipules. currently recognized, Hibiscus underground and erect stems. Isodendrion pyrifolium is distinguished brackenridgei ssp. brackenridgei and H. Ischaemum byrone can be distinguished from other species in the genus by its brackenridgei ssp. mokuleianus (Bates from other Hawaiian grasses by its tough smaller, green-yellow flowers and hairy 1990). Hibiscus brackenridgei is known to outer flower bracts; dissimilar basic stipules and leaf veins (Wagner et al. flower continuously from early February flower units, which are awned (slender 1999). through late May, and intermittently at bristle) and two-flowered; and a two-or During periods of drought, this other times of year. Intermittent three-tiered-branching inflorescence species will drop all but the newest flowering may possibly be tied to day (O’Connor 1999). leaves. After sufficient rains, the plants length. Little else is known about the Little is known about the life history produce flowers with seeds ripening life history of H. brackenridgei. of Ischaemum byrone. Flowering cycles, one to two months later. Little else is known about the life history of Pollination vectors, seed dispersal pollination vectors, seed dispersal Isodendrion pyrifolium. Flowering agents, longevity, specific agents, longevity, specific cycles, pollination vectors, seed environmental requirements, and environmental requirements, and dispersal agents, longevity, specific limiting factors are unknown (Service limiting factors are unknown (Service environmental requirements, and 1999; 59 FR 56333). 1996a; 59 FR 10305). Historically, Hibiscus brackenridgei limiting factors are unknown (Service was known from the islands of Kauai, Historically, Ischaemum byrone was 1996a; 59 FR 10305). Oahu, Lanai, Maui, Molokai, reported from Kauai, Oahu, Molokai, Isodendrion pyrifolium is known Kahoolawe, and Hawaii. Currently, H. East Maui, and the island of Hawaii. historically from six of the Hawaiian brackenridgei ssp. mokuleianus is Currently, this species is found on Islands: Niihau, Molokai, Lanai, Oahu, known from Oahu and from Kauai, Molokai, Maui, and Hawaii. On Maui, and the island of Hawaii. undocumented observations on Kauai. Maui, there are 6 occurrences with less Currently, it is only found on the island Hibiscus brackenridgei ssp. than 2,000 individuals found on State of Hawaii (GDSI 2001; HINHP Database brackenridgei is currently known from and privately owned lands at Keopuka 2001; Service 1996a; 59 FR 10305; Marie Lanai, Maui, and Hawaii. On Maui, H. Rock, Paupalu Point, Moku Huki, west Bruegmann, Service, pers. comm., brackenridgei ssp. brackenridgei is of Kalahu Point, between Keakulikuli 2000). found in 5 occurrences, containing 40 Point and Pukaulua Point, and Kauiki On Maui, Isodendrion pyrifolium individuals, on State (Lihau section of Head (GDSI 2001; HINHP Database occured in dry shrubland at elevations West Maui NAR and DHHL) and 2001; Service 1996a; 59 FR 10305). between 54 and 557 m (177 and 1,827 privately owned lands at Lihau, Ischaemum byrone grows in close ft) with one or more of the following Kaonohua, Keokea, and near Puu O Kali proximity to the ocean, among rocks or associated native plant species: (Bates 1990; GDSI 2001; HINHP on basalt cliffs in windward coastal dry Capparis sandwichiana; Dodonaea Database 2001; Service 1999; 59 FR shrubland at elevations between 0 and viscosa; Myoporum sandwicense; or 56333). 190 m (0 and 623 ft) and containing one Psydrax odorata (Service 1996a; 59 FR Hibiscus brackenridgei ssp. or more of the following associated 10305; R. Hobdy and J. Lau, pers. brackenridgei occurs in lowland dry native plant species: Bidens spp. comm., 2001). forest sometimes with Erythrina Fimbristylis cymosa (mauu akiaki) or Nothing is known of the threats to sandwicensis as the dominant tree at Scaevola taccada (HINHP Database Isodendrion pyrifolium on the island of elevations between 43 and 771 m (141 2001; Service 1996a; 59 FR 10305; R. Maui (Service 1996a; 59 FR 10305). and 2,530 ft) and containing one or Hobdy, pers. comm., 2001). Lysimachia lydgatei (NCN) more of the following associated native plant species: Achyranthes spp. (NCN); The most serious threat to Ischaemum Lysimachia lydgatei, a short-lived Chamaesyce celastroides var. lorifolia; byrone is the invasion of nonnative perennial member of the primrose Chenopodium spp. (aheahea); Diospyros plant species, particularly Digitaria family (Primulaceae), is a sprawling, spp.; Dodonaea viscosa; Melanthera ciliaris (Henry’s crabgrass), Ardisia branched shrub with stems from 1 to 1.3 lavarum; Myoporum sandwicense; elliptica (shoebutton ardisia), and m (3 to 4 ft) long. This species is Nototrichium spp.; annual Panicum Casuarina equisetifolia (ironwood). distinguished from others in the genus spp.; Psydrax odorata; Schiedea Additionally, fire may pose a threat in by the dense hairs on both the upper salicaria (NCN); or Sida fallax (HINHP areas infested with nonnative grasses, and lower surfaces of mature leaves Database 2001; Service 1999; 59 FR provided enough fuel is present. Other (Wagner et al. 1999). 56333; R. Hobdy, pers. comm., 2001). potential threats include grazing and Little is known about the life history The primary threats to Hibiscus browsing by goats and axis deer. of Lysimachia lydgatei. Flowering brackenridgei ssp. brackenridgei on Disturbance incurred from these cycles, pollination vectors, seed Maui and Kahoolawe are habitat ungulates further promotes the dispersal agents, longevity, specific degradation and possible predation by introduction and establishment of environmental requirements, and pigs, goats, cattle, axis deer, and rats; nonnative weeds. Some occurrences are limiting factors are unknown (Service competition with nonnative plant also threatened by residential 1997; 57 FR 20772). species; fire; and extinction caused by development (HINHP Database 2001; Lysimachia lydgatei was known random environmental events or Service 1996a; 59 FR 10305). historically from a gulch behind
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Lahaina on West Maui and from Oahu. Maui (Keanae Valley, Hana, and containing one or more of the following Currently, it is found only on Maui on Nahiku), the island of Hawaii, and from associated native plant species: State (Lihau section of West Maui NAR Laysan in the northwestern Hawaiian Alphitonia ponderosa; Dodonaea and the West Maui Forest Reserve) and Islands. Mariscus pennatiformis ssp. viscosa; Osteomeles anthyllidifolia; privately owned lands at Helu, Lihau, bryanii is only known from Laysan Santalum ellipticum; or Xylosma east of Halepohaku, and Ulaula within Island. Mariscus pennatiformis ssp. hawaiiense (HINHP Database 2001; the West Maui Mountains Watershed pennatiformis is currently found only Service 1995a; 59 FR 9304; R. Hobdy, Partnership. The 4 Maui occurrences on East Maui. Two occurrences of pers. comm., 2001). number approximately 240 individuals approximately 30 individuals are found Threats to Melicope knudsenii (GDSI 2001; HINHP Database 2001; on State-owned land near the mouth of include habitat degradation by Service 1997; Wagner et al. 1999; 57 FR Hanawi Stream (GDSI 2001; HINHP nonnative animals, such as goats, cattle, 20772). Database 2001; Service 1999; 59 FR and pigs; reduced reproductive vigor; Lysimachia lydgatei typically grows 56333; K. Wood, in litt. 1999). fire; natural aging and death; and on the sides of steep ridges in On Maui, Mariscus pennatiformis ssp. invasive plant species, such as Metrosideros polymorpha-Dicranopteris pennatiformis is found on cliffs with Pennisetum clandestinum (Service linearis-dominated wet to mesic brown soil and talus within reach of 1995a; 59 FR 9304). shrubland or Metrosideros polymorpha- ocean spray in Pandanus tectorius Melicope mucronulata (Alani) Cheirodendron spp. montane forest at (hala) coastal wet forests at elevations elevations between 829 and 1,432 m between 0 and 188 m (0 and 615 ft) and Melicope mucronulata, a long-lived (2,720 and 4,698 ft) and containing one containing one or more of the following perennial of the rue family (Rutaceae), or more of the following associated associated native plant species: Cyperus is a small tree up to 4 m (13 ft) tall with native plant species: Astelia spp. laevigatus (makaloa); Eragrostis spp. oval to elliptic-oval leaves, 8 to 16 cm (painiu); Broussaisia arguta; Coprosma (NCN); Ipomoea spp. (morning glory); (3 to 6.5 in) long and 3.5 to 6.5 cm (1.5 spp.; Dodonaea viscosa; Eurya Lysimachia mauritiana; or Sadleria to 2.5 in) wide. This species is sandwicensis (anini); Ilex anomala; pallida (HINHP Database 2001; Service distinguished from others in the genus Leptecophylla tameiameiae; 1999; 59 FR 56333; J. Lau, pers. comm., by the growth habit, the number of Lycopodium spp. (wawae iole); 2001; K. Wood, in litt. 1999). flowers in each flower cluster, the size Ochrosia spp. (holei); Vaccinium spp.; Threats to Mariscus pennatiformis and shape of the fruit, and the degree of or mat ferns such as Dicranopteris spp. ssp. pennatiformis on Maui include hairiness of the leaves and fruit walls (HINHP Database 2001; Service 1997; 57 grazing and habitat destruction caused (Stone et al. 1999). FR 20772; R. Hobdy, pers. comm., by ungulates; competition with Little is known about the life history 2001). nonnative plant species; and extinction of Melicope mucronulata. Flowering The greatest threats to Lysimachia from random naturally occurring events cycles, pollination vectors, seed lydgatei are extinction from a random (Service 1999; 59 FR 56333). dispersal agents, longevity, specific environmental event caused by the environmental requirements, and small number of occurrences; Melicope knudsenii (Alani) limiting factors are unknown (Service competition with nonnative plant Melicope knudsenii, a long-lived 1997; 57 FR 20772). species such as Rubus argutus; and fire perennial member of the rue family First discovered in 1920 in Kanaio, (Service 1997; 57 FR 20772). (Rutaceae), is a tree with smooth gray East Maui, Melicope mucronulata was bark and yellowish brown to olive- not relocated until 1983 when it was Mariscus pennatiformis (NCN) brown hairs on the tips of the branches. reported from privately owned land Mariscus pennatiformis, a short-lived The species is distinguished from M. with an unknown number of plants in member of the sedge family haupuensis and other members of the Auwahi. This species was also found (Cyperaceae), is a perennial plant with genus by the distinct carpels (chambers) two years later on East Molokai (GDSI a woody root system covered with present in the fruit, a hairless endocarp 2001; HINHP Database 2001; Service brown scales. Mariscus pennatiformis is (fruit wall), a larger number of flowers 1997; Stone et al. 1999; 57 FR 20772). divided into two subspecies, ssp. per cluster, and the distribution of hairs Melicope mucronulata typically bryanii and ssp. pennatiformis, which on the underside of the leaves (Stone et grows on gentle south-facing slopes in are distinguished by the length and al. 1999). lowland dry to mesic forest at elevations width of the spikelets; color, length, and Little is known about the life history between 625 and 1,331 m (2,050 and width of the glume; and by the shape of Melicope knudsenii. Flowering 4,367 ft) and containing one or more of and length of the fruit. This species cycles, pollination vectors, seed the following associated species: differs from other members of the genus dispersal agents, longevity, specific Antidesma pulvinatum; Dodonaea by its three-sided, slightly concave, environmental requirements, and viscosa; Melicope hawaiensis (alani); smooth stems; the length and number of limiting factors are unknown (Service Nestegis sandwicensis; Pleomele spikelets; the leaf width; and the length 1995a; 59 FR 9304). auwahiensis; Pouteria sandwicensis; and diameter of stems (Koyama 1990). Historically and currently, Melicope and Streblus pendulinus (Service 1997; Mariscus pennatiformis is known to knudsenii is known from the 57 FR 20772; J. Lau, pers. comm., 2001). flower from November to December southeastern slope of Haleakala on Maui The major threat to the continued after heavy rainfall. Little else is known and from Kauai. Currently on Maui, existence of the only known occurrence about the life history of M. there are four occurrences on State of Melicope mucronulata on Maui is the pennatiformis. Flowering cycles, (DHHL) and privately owned lands from risk of extinction from a random pollination vectors, seed dispersal Puu Mahoe to east of Puu Ouli (GDSI environmental event. Habitat agents, longevity, specific 2001; HINHP Database 2001; Service degradation by goats and pigs, predation environmental requirements, and 1995a; 59 FR 9304). by goats, and competition with limiting factors are unknown (Service Melicope knudsenii grows in Nestegis nonnative plant species, particularly 1999; 59 FR 56333). sandwicensis-Pleomele sp. mixed open Melinis minutiflora, also pose Historically, Mariscus pennatiformis dry forests at elevations between 648 immediate threats to this species was known from Kauai, Oahu, East and 1,331 m (2,125 and 4,367 ft) and (Service 1997; 57 FR 20772).
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Neraudia sericea (NCN) species in the genus by its inflorescence, Pauwalu Point, and east of Hanawi Neraudia sericea, a short-lived a slender spike 4 mm (0.2 in) in Stream, with a total of 32 individuals perennial member of the nettle family diameter or less, which is covered with (GDSI 2001; HINHP Database 2001; (Urticaceae), is a 3 to 5 m (10 to 16 ft) short hairs (Wagner et al. 1999). Service 1995a; 59 FR 9304). Nototrichium humile has been This species grows on sparsely tall shrub with densely hairy branches. observed flowering after heavy rain, but vegetated steep to vertical cliff habitats The lower leaf surface is densely flowering is generally heaviest in the with little soil in mesic or coastal covered with irregularly curved, silky spring and summer. Fruits mature a few communities at elevations between 0 gray to white hairs along the veins. The weeks after flowering. In cultivation, and 1,132 m (0 and 3,714 ft) and male flowers may be stalkless or have this species is known to live for more containing one or more of the following short stalks. Neraudia sericea differs than a decade. Little else is known associated native species: Artemisia from the other four species of this about the life history of N. humile. australis; Bidens spp.; Carex spp.; endemic Hawaiian genus by the density, Flowering cycles, pollination vectors, Chamaesyce spp.; Diospyros length, color, and posture of the hairs on seed dispersal agents, longevity, specific sandwicensis; Eragrostis spp.; Hedyotis the lower leaf surface and by its mostly environmental requirements, and littoralis; Lysimachia mauritiana; entire leaf margins (Wagner et al. 1999). limiting factors are unknown (Service Metrosideros polymorpha; Peperomia Little is known about the life history 1998b; 56 FR 55770). spp.; Pandanus tectorius (hala); of Neraudia sericea. Flowering cycles, Historically, Nototrichium humile Scaevola taccada; or Schiedea globosa pollination vectors, seed dispersal was known from Oahu and Maui. It (NCN) (Constance and Affolter 1999; agents, longevity, specific currently occurs only on Oahu. On HINHP Database 2001; Service 1995a; environmental requirements, and Maui, N. humile was last seen in the 59 FR 9304; R. Hobdy and J. Lau pers. limiting factors are unknown (Service wild by Robert Hobdy in 1979 in comms., 2001). 1999; 59 FR 56333). Pohakea Gulch (HINHP Database 2001; Competition with introduced plants is Neraudia sericea was known Service 1998b; 56 FR 55770). the major threat to Peucedanum historically from Molokai, Lanai, On Maui, Nototrichium humile sandwicense on Keopuka Rock. Olowalu Valley on West Maui, the occurred on old cinder cones in dry Additionally, small occurrence sizes southern slopes of Haleakala on East shrubland at elevations between 338 also make the species subject to Maui, and from Kahoolawe. Currently, and 734 m (1,110 and 2,407 ft) with one extinction caused by random this species is known from Molokai and or more of the following associated environmental events (Service 1995a; 59 Maui. On Maui, five occurrences are native plant species: Dodonaea viscosa; FR 9304). found on State (DHHL) and privately Erythrina sandwicensis; Heteropogon Phlegmariurus mannii (Wawae iole) owned lands in Pohakea Gulch (West contortus; and N. sandwicense (kului) Maui) and in Manawainui and Kamole (Service 1998b; 56 FR 55770; J. Lau, Phlegmariurus (=Huperzia, Gulches (East Maui) (GDSI 2001; HINHP pers. comm., 2001). =Lycopodium) mannii, a short-lived Database 2001; Service 1999; 59 FR Nothing is known of the threats to perennial member of the clubmoss 56333; M. Kaiaokamalie, in litt. 2000). Nototrichium humile on the island of family (Lycopodiaceae), is a hanging Neraudia sericea generally occurs in Maui (Service 1998b; 56 FR 55770). epiphyte with clustered, delicate red dry to mesic Metrosideros polymorpha- stems and forked reproductive spikes. Dodonaea viscosa-Leptecophylla Peucedanum sandwicense (Makou) These traits distinguish it from others in tameiameiae shrubland or forest or Peucedanum sandwicense, a member the genus in Hawaii (Degener and Acacia koa forest at elevations between of the parsley family (Apiaceae), is a Degener 1959; Holub 1991; St. John 198 and 1,658 m (650 and 5,439 ft) and short-lived, parsley-scented, sprawling 1981; Wagner and Wagner 1992). containing one or more of the following herb. Hollow stems arise from a short, Little is known about the life history associated native plant species: Bobea vertical, perennial stem with several of Phlegmariurus mannii. Reproductive spp.; Coprosma spp.; Cyrtandra fleshy roots. This species is the only cycles, dispersal agents, longevity, oxybapha (haiwale); Cyrtandra spp.; member of the genus in the Hawaiian specific environmental requirements, Diospyros spp.; Hedyotis spp.; Sida Islands. It is distinguished from other and limiting factors are unknown fallax; or Urera glabra (HINHP Database Hawaiian members of the family by (Service 1997; 57 FR 20772). 2001; Service 1999; Wagner et al. 1999; being a slightly succulent perennial Historically, Phlegmariurus mannii 59 FR 56333; M. Bruegmann, in litt. herb and having broad basal leaflets, was known from Kauai, West Maui 1995; R. Hobdy, pers. comm., 2001). white flowers, and by its floral bracts, (Haelaau and Hanaula), and the island The primary threats to Neraudia the size and shape of its fruit, and the of Hawaii. Currently, this species is sericea on Maui are habitat degradation oil glands in the fruit wall (Constance found on Maui and Hawaii. On Maui, by feral pigs and goats; competition and Affolter 1999). this species is now known on State with the nonnative plant species Little is known about the life history (Lihau section of West Maui NAR, Cymbopogon refractus (barbwire grass), of Peucedanum sandwicense. Flowering Makawao Forest Reserve, DHHL, and Eragrostis spp. (love grass), Holcus cycles, pollination vectors, seed Kipahulu Forest Reserve), Federal and lanatus, Melinus minutiflora, and dispersal agents, longevity, specific privately owned lands in Honokohau, Pennisetum clandestinum; and a risk of environmental requirements, and Lihau, Puu Okakae, Manawainui, extinction caused by random limiting factors are unknown (Service Healani Stream, Puu Ahulili, and environmental events (Service 1999; 59 1995a; 59 FR 9304). Kaapahu within the East Maui FR 56333). Historically and currently, Watershed Partnership and the West Peucedanum sandwicense is known Maui Mountains Watershed Partnership. Nototrichium humile (Kului) from Molokai, Maui, and Kauai. There are 7 occurrences with a total of Nototrichium humile, a member of the Discoveries in 1990 extended the known 22 individuals on Maui (GDSI 2001; amaranth family (Amaranthaceae), is an distribution of this species to the island HINHP Database 2001; Service 1997; 57 upright to trailing shrub with branched of Oahu. Currently on Maui, there are 3 FR 20772). stems to 1.5 m (5 ft) long. This species occurrences on State and privately On Maui, Phlegmariurus mannii is distinguished from the only other owned lands at Keopuka Islet, near typically grows as an epiphyte on
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Metrosideros polymorpha, Dodonaea Nothing is known of the threats to inflorescences compared with P. viscosa and Acacia koa trees in moist, Phyllostegia mannii on the island of parviflora var. parviflora. Phyllostegia protected gulches or mossy tussocks in Maui (Service 1996b; 57 FR 46325). parviflora var. lydgatei has shorter leaf mesic to wet montane Metrosideros stalks, spreading hairs on the leaf stalks, Phyllostegia mollis (NCN) polymorpha-Acacia koa forests at and fewer gland-tipped hairs in the elevations between 446 and 1,688 m Phyllostegia mollis, a short-lived inflorescence. At the time of listing of (1,464 and 5,539 ft) and containing one member of the mint family (Lamiaceae), this species, only two varieties were or more of the following associated grows as a nearly erect, densely hairy, recognized, glabriuscula and parviflora. native plant species: Astelia nonaromatic, perennial herb. Subsequent to the final rule listing this menziesiana (kaluaha); Athyrium spp.; Characteristics concerning the kind and species in 1996, Wagner’s (1999) Cheirodendron trigynum; Christella spp. amount of hair, the number of flowers taxonomic treatment of this group (NCN); Coprosma spp.; Cyanea spp.; in a cluster, and details of other plant reorganized P. parviflora var. lydgatei as Cyrtandra spp.; Ilex anomala; parts separate this species from other distinct from P. parviflora var. Leptecophylla tameiameiae; members of the genus (Wagner et al. parviflora. Wagner’s (1999) treatment is Machaerina spp.; Sadleria spp.; or 1990). cited in the revised edition of the Vaccinium spp. (Service 1997; 57 FR Individual Phyllostegia mollis plants Manual of the Flowering Plants of 20772; R. Hobdy, pers. comm., 2001). live for approximately 5 years. The Hawaii as the basis for recognizing P. species is known to flower in late winter parviflora var. lydgatei (Wagner et al. The primary threats to this species are and spring. Little else is known about habitat alteration by goats, cattle and 1999). This name change will be the life history of P. mollis. Flowering addressed in a future Federal Register pigs, and the impacts of nonnative plant cycles, pollination vectors, seed notice. species. Additionally, small occurrence dispersal agents, longevity, specific Historically Phyllostegia parviflora sizes also make the species subject to environmental requirements, and was known from three islands, Oahu, extinction caused by random limiting factors are unknown (Service Hawaii, and Maui. This species is now environmental events (Service 1997; 57 1998b; 56 FR 55770). known only from two occurrences on FR 20772). Historically, Phyllostegia mollis was Oahu (HINHP Database 2001; GDSI Phyllostegia mannii (NCN) known from Oahu, Molokai, and East 2001; Service 1999; 61 FR 53108). Maui. Currently, this species is only Nothing is known of the preferred Phyllostegia mannii, a non-aromatic known from Oahu and Maui. On East habitat of or native plant species member of the mint family (Lamiaceae), Maui, a single occurrence with an associated with Phyllostegia parviflora is a climbing vine with many-branched, unknown number of individuals on the island of Maui (Service 1999; 61 four-sided, hairy stems. This species is remains on State (on the border of FR 53108; R. Hobdy, pers. comm., 2001) distinguished from others in the genus Kahikinui Forest Reserve and DHHL) or of the threats to Phyllostegia by its hairiness; its thin, narrow leaves, land in Waiopai Gulch (GDSI 2001; parviflora on the island of Maui (Service which are not pinnately divided; and HINHP Database 2001; Service 1998b; 1999; 61 FR 53108). the usually six flowers per false whorl Wagner et al. 1999; 56 FR 55770). in a terminal inflorescence (Wagner et Phyllostegia mollis typically grows on Plantago princeps (Laukahi kuahiwi) al. 1999). steep slopes and in gulches in mesic Plantago princeps, a short-lived This species has been observed with forests dominated by Metrosideros member of the plantain family fruit in July. Little else is known about polymorpha and/or Acacia koa at (Plantaginaceae), is a small shrub or the life history of Phyllostegia mannii. elevations between 1,144 and 1,970 m robust perennial herb. This species Flowering cycles, pollination vectors, (3,754 and 6,463 ft). Associated native differs from other native members of the seed dispersal agents, longevity, specific plant species include Alyxia oliviformis, genus in Hawaii by its large branched environmental requirements, and Cheirodendron trigynum, Diplazium stems, flowers at nearly right angles to limiting factors are unknown (Service sandwichianum, Melicope spp., and the axis of the flower cluster, and fruits 1996b; 57 FR 46325). Myrsine lessertiana (Service 1998b; 56 that break open at a point two-thirds FR 55770; J. Lau, pers. comm., 2001). from the base. The four varieties, vars. Historically, Phyllostegia mannii was The major threats to Phyllostegia anomala, laxiflora, longibracteata, and found from Hanalilolilo to Ohialele on mollis are competition from the princeps, are distinguished by the East Molokai and at Ukulele on East nonnative plant species Rubus spp. and branching and pubescence of the stems; Maui. It has not been seen on Maui for Schinus terebinthifolius, and a risk of the size, pubescence, and venation of over 70 years. This species is now extinction of the only known occurrence the leaves; the density of the known only from Molokai (HINHP of this species on Maui caused by inflorescence; and the orientation of the Database 2001; Service 1996b; 57 FR random environmental events (Service flowers (Wagner et al. 1999). 46325). 1998b; 56 FR 55770). Individuals of this species have been On Maui, Phyllostegia mannii observed in fruit from April through occured on gentle slopes and the steep Phyllostegia parviflora (NCN) September. Little else is known about sides of gulches in mesic to wet forest Phyllostegia parviflora, a member of the life history of Plantago princeps. dominated by Acacia koa and/or the mint family (Lamiaceae), is a Flowering cycles, pollination vectors, Metrosideros polymorpha at elevations perennial herb. The species is seed dispersal agents, longevity, specific between 1,069 and 1,615 m (3,506 and distinguished from others of the genus environmental requirements, and 5,297 ft) with one or more of the by the egg-shaped to broadly egg-shaped limiting factors are unknown (Service following associated native plant leaves, leaf stalks usually 6 to 13.5 cm 1999; 59 FR 56333). species: Alyxia oliviformis; (2.4 to 5.3 in) long, and the lower Plantago princeps was historically Cheirodendron trigynum; Dicranopteris corolla lip 6 to 9 mm (0.24 to 0.36 in) found on Kauai, Oahu, Molokai, Maui, linearis; Diplazium sandwichianum; long. Phyllostegia parviflora var. and Hawaii. It is no longer extant on the Melicope spp.; or Myrsine lessertiana glabriuscula has fewer glandular hairs island of Hawaii. Only one of the four (Service 1996b; 57 FR 46325; J. Lau, in the inflorescence, less pubescent varieties is on Maui; Plantago princeps pers. comm., 2001). leaves, and usually unbranched var. laxiflora is known from Molokai
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and Maui. On Maui, there are 8 Reserve) and privately owned lands (Kahakuloa section of the West Maui occurrences of P. princeps var. laxiflora, within the West Maui Mountains NAR) and privately owned lands within with a total of 118 individuals, on Watershed Partnership and the East the West Maui Mountains Watershed Federal (Haleakala National Park) and Maui Watershed Partnership from Partnership north of Eke Crater and at privately owned lands within the East Kapaloa Stream, Waihee River, the Kauala (GDSI 2001; HINHP Database Maui Watershed Partnership. This border of Lahaina and Wailuku Districts 2001; Service 1998a; 59 FR 49025). variety is found at Kahoolewa Ridge, and Koolau Gap (GDSI 2001; HINHP This species grows on steep stream Nakalaloa Stream, Iao Valley near the Database 2001; Service 1999; 61 FR banks in wet Metrosideros polymorpha- Needle, Hanakauhi, the west side of 53108). Dicranopteris linearis montane forest at Kaupo Gap, and Palikea Stream (GDSI Platanthera holochila is found in elevations between 201 and 1,717 m 2001; HINHP Database 2001; Service Metrosideros polymorpha-Dicranopteris (659 and 5,633 ft) and containing one or 1999; 59 FR 56333). linearis montane wet forest or M. more of the following native plant On Maui, Plantago princeps var. polymorpha mixed montane bog or species: Christella cyatheoides; laxiflora is typically found on basalt mesic scrubby M. polymorpha forest at Cibotium chamissoi; Dicranopteris cliffs that are windblown with little elevations between 536 and 2,314 m linearis; Elaphoglossum crassifolium vegetation in Metrosideros polymorpha (1,759 and 7,592 ft) and containing one (hoe a Maui); Sadleria squarrosa (apuu); lowland wet forest; or Acacia koa-M. or more of the following associated or Sphenomeris chinensis (palaa) polymorpha montane wet forest; or M. native plant species: Broussaisia arguta; (HINHP Database 2001; Service 1998a; polymorpha montane wet shrubland at Cibotium spp.; Clermontia spp.; 59 FR 49025; R. Hobdy, pers. comm., elevations between 281 and 2,539 m Coprosma ernodeoides (kukae nene); 2001). (922 and 8,329 ft) and containing one or Deschampsia nubigena; Dubautia The primary threats to Pteris lidgatei more of the following associated native scabra (naenae); Gahnia gahniiformis on Maui are the nonnative plants plant species: Bidens micrantha ssp. (NCN); Leptecophylla tameiameiae; Ageratina adenophora, Clidemia hirta, kalealaha; Chamaesyce celastroides; Lycopodiella cernua (wawae iole); and Tibouchina herbacea; habitat Cyanea spp.; or Dryopteris spp. and Luzula hawaiiensis (wood rush); destruction by feral pigs; and a risk of various other ferns, such as Dubautia Oreobolus furcatus; Polypodium extinction caused by random menziesii, Dubautia plantaginea ssp. pellucidum (ae); Sadleria spp.; Scaevola environmental events (Service 1998a; 59 humilis, Eragrostis variabilis, Hedyotis chamissoniana (naupaka kuahiwi); FR 49025). formosa, Leptecophylla tameiameiae, Sisyrinchium acre (mauu laili); Sanicula purpurea (NCN) Melicope ovalis, Perrottetia Vaccinium reticulatum; or Wikstroemia sandwicensis, Pipturus albidus, or spp. (Service 1999; 61 FR 53108; R. Sanicula purpurea, a short-lived Touchardia latifolia (HINHP Database Hobdy, pers. comm., 2001). member of the parsley family 2001; Service 1999; 59 FR 56333; R. The primary threats to Platanthera (Apiaceae), is a stout perennial herb, 8 Hobdy, pers. comm., 2001). holochila on Maui are habitat to 36 cm (3 to 14 in) tall, arising from The primary threats to Plantago degradation and destruction by feral a massive perennial stem. This species princeps var. laxiflora on Maui are pigs; landslides; competition with is distinguished from others in the herbivory and habitat degradation by nonnative plant species; and a risk of genus by the number of flowers per feral pigs and goats and competition extinction on Maui from naturally cluster and by the color of the petals with various nonnative plant species occurring events and reduced (Constance and Affolter 1999). (Service 1999; 59 FR 56333). reproductive vigor caused by the small Little is known about the life history number of remaining occurrences and of Sanicula purpurea. Flowering cycles, Platanthera holochila (NCN) individuals. Predation by slugs may also pollination vectors, seed dispersal Platanthera holochila, a short-lived, be a potential threat to this species agents, longevity, specific perennial member of the orchid family (Service 1999; 61 FR 53108). environmental requirements, and (Orchidaceae), is an erect, deciduous limiting factors are unknown (Service herb. The stems arise from underground Pteris lidgatei (NCN) 1999; 61 FR 53108). tubers, the pale green leaves are lance- Pteris lidgatei, a short-lived member Historically and currently, Sanicula to egg-shaped and the greenish-yellow of the maidenhair fern family purpurea is known from Oahu and West flowers occur in open spikes. This is the (Adiantaceae), is a coarse perennial Maui. On Maui, 7 occurrences totaling only species of this genus that occurs on herb, 0.5 to 1 m (1.6 to 3.3 ft) tall. Pteris 200 individuals are currently known on the Hawaiian Islands. It is distinguished lidgatei can be distinguished from other State (Kahakuloa and Honokawai from other Hawaiian orchids by its species of Pteris on the Hawaiian sections of the West Maui NAR) and underground tubers that lack roots at Islands by the thick, brittle texture of its private lands within the West Maui the nodes or pseudo bulbs, and the fronds and the tendency of the sori Mountains Watershed Partnership north shape and length of its dorsal sepal along the leaf margins to be broken into of Eke Crater and east of Kahakuloa (Wagner et al. 1999). short segments instead of being fused Stream, south of Eke Crater, near Violet Little is known about the life history into continuous marginal sori (Wagner Lake, the ridge west of Puu Kukui, and of Platanthera holochila. Flowering 1949; Wagner and Wagner 1992). Kahoolewa Ridge east of Puu Kukui cycles, pollination vectors, seed Little is known about the life history (GSDI 2001; HINHP Database 2001; dispersal agents, longevity, specific of Pteris lidgatei. Reproductive cycles, Service 1999; 61 FR 53108). environmental requirements, and dispersal agents, specific environmental This species typically grows in open limiting factors are unknown (Service requirements, and limiting factors are Metrosideros polymorpha mixed 1999; 61 FR 53108). unknown (Service 1998a; 59 FR 49025). montane bogs at elevations between Historically, Platanthera holochila Historically, Pteris lidgatei was found 1,195 and 1,764 m (3,921 and 5,787 ft) was known from Maui, Oahu, Molokai, on Oahu, Molokai, and at Waihee on and containing one or more of the and Kauai. Currently, P. holochila is West Maui. Currently, this species is following associated plant species: extant on Kauai, Molokai, and Maui. On known from Oahu and Maui. Two Argyroxiphium caliginis (eke Maui, 5 occurrences with 22 individuals occurrences with approximately 20 silversword); Argyroxiphium grayanum are reported on State (West Maui Forest individuals occur on Maui on State (green sword); Gahnia beecheyi (NCN);
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Geranium hillebrandii (nohoanu); Kaluakauila Gulch are upright and show (GDSI 2001; HINHP Database 2001; Lagenifera maviensis; Leptecophylla little potential for clonal spread. In Service 1999; 61 FR 53108). tameiameiae; Lycopodium spp.; contrast, clonal growth has been Nothing is known of the preferred Machaerina spp.; Myrsine vaccinioides detected for individuals at Kaluaa habitat of, or native plant species (kolea); Oreobolus furcatus; Plantago Gulch, where the growth form is associated with, Schiedea nuttallii on pachyphylla (laukahi kuahiwi); or Viola decumbent and plants apparently root at the island of Maui (Service 1999; 61 FR maviensis (HINHP Database 2001; the nodes. Little else is known about the 53108; R. Hobdy, pers. comm., 2001), Service 1999; 61 FR 53108; R. Hobdy, life history of Schiedea hookeri. and nothing is known of the threats to pers. comm., 2001). Flowering cycles, pollination vectors, Schiedea nuttallii on the island of Maui Habitat degradation by feral pigs, a seed dispersal agents, longevity, specific (Service 1999; 61 FR 53108). risk of extinction caused by random environmental requirements, and Sesbania tomentosa (Ohai) environmental events and reduced limiting factors are otherwise unknown reproductive vigor caused by the small (HINHP Database 2001; Service 1999; Sesbania tomentosa, a short-lived number of existing occurrences, and Weller and Sakai, unpublished data; 61 perennial member of the pea family slugs are the major threats to Sanicula FR 53108). (Fabaceae), is typically a sprawling purpurea (HINHP Database 2001; Historically, Schiedea hookeri was shrub, but may also be a small tree. Each Service 1999; 61 FR 53108). known from the Waianae Mountains of compound leaf consists of 18 to 38 Oahu and from a single fragmentary oblong to elliptic leaflets which are Schiedea hookeri (NCN) collection from Haleakala on Maui that usually sparsely to densely covered Schiedea hookeri, a member of the may represent S. menziesii rather than with silky hairs. The flowers are salmon pink family (Caryophyllaceae), is a S. hookeri. Currently, this species is colored, tinged with yellow, orange-red, sprawling or clumped perennial herb. known only from Oahu (Environmental scarlet or, rarely, pure yellow. Sesbania This species is distinguished from Division of the Army (EDA) Database tomentosa is the only endemic others in this endemic Hawaiian genus 2001; HINHP Database 2001; Service Hawaiian species in the genus, differing by its open, hairy, and sometimes sticky 1999; 61 FR 53108). from the naturalized S. sesban by the inflorescence, and by the size of the Nothing is known of the preferred color of the flowers, the longer petals capsules (Wagner et al. 1999). habitat of, or native plant species and calyx, and the number of seeds per Based on field and greenhouse associated with, Schiedea hookeri on pod (Geesink et al. 1999). observations, Schiedea hookeri is the island of Maui (Service 1999; 61 FR The pollination biology of Sesbania hermaphroditic, which means that each 53108; R. Hobdy, pers. comm., 2001), tomentosa has been studied by David individual has both male and female and nothing is known of the threats to Hopper, University of Hawaii at Manoa. reproductive organs. Mature fruits have Schiedea hookeri on the island of Maui His findings suggest that although many been observed in June and August. (Service 1999; 61 FR 53108). insects visit Sesbania flowers, the Schiedea hookeri appears to be an majority of successful pollination is outcrossing species. Under greenhouse Schiedea nuttallii (NCN) accomplished by native bees of the conditions, flowers do not set fruit Schiedea nuttallii, a member of the genus Hylaeus, and that populations at unless pollinated. In the field, the pink family (Caryophyllaceae), is a Kaena Point on Oahu are probably species is presumed to be pollinated by generally hairless, erect subshrub. This pollinator-limited. Flowering at Kaena insects, although none have been long-lived perennial species is Point is highest during the winter-spring observed. A related species, S. lydgatei distinguished from others in this rains, and gradually declines throughout on Molokai, is apparently pollinated by endemic Hawaiian genus by its habit, the rest of the year. Other aspects of the native, night-flying moths. A series of length of the stem internodes, length of life history of S. tomentosa are self-pollinations, intra-population the inflorescence, number of flowers per unknown (Service 1999; 59 FR 56333). crosses, and crosses among populations inflorescence, and smaller leaves, Historically, Sesbania tomentosa have demonstrated that S. hookeri flowers, and seeds (Wagner et al. 1999). occurred on all eight of the main experiences moderately strong Little is known about the life history Hawaiian Islands and on the inbreeding depression. These results of Schiedea nuttallii. Based on field and northwestern Hawaiian Islands of Nihoa indicate that reductions in population greenhouse observations, it is and Necker. Currently, S. tomentosa size could result in inbreeding hermaphroditic. Plants on Oahu have occurs on Kauai, Oahu, Molokai, depression among progeny, with been under observation for 10 years, and Kahoolawe, Maui, Hawaii, Nihoa, and negative consequences for the long-term they appear to be long-lived. Schiedea Necker. On Maui, S. tomentosa is persistence of this species. Individuals nuttallii appears to be an outcrossing known from 7 occurrences with a total of S. hookeri appear to be long-lived, but species. Under greenhouse conditions, of 83 individuals. The occurrences are there is no evidence of reproduction plants fail to set seed unless hand- located on State-owned and/or State- from seed under field conditions. pollinated, suggesting that this species leased land (Lihau section of West Maui Seedlings of Schiedea occurring in requires insects for pollination. Fruits NAR, Hana Forest Reserve, and Kanaio mesic or wet sites are apparently and flowers are abundant in the wet Training Area), under Federal consumed by introduced slugs and season but can be found throughout the jusisdiction (Kanaio National Guard snails, which have been observed year. Little else is known about the life Training Area) and on privately owned feeding on S. membranacea, another history of S. nuttallii. Flowering cycles, land within the East Maui Watershed mesic forest species that occurs on pollination vectors, seed dispersal Partnership and West Maui Mountains Kauai. In contrast to mesic forest agents, longevity, specific Watershed Partnership at Poelua Bay, species, Schiedea occurring in dry areas environmental requirements, and Mokolea Point, between Kahakuloa produce abundant seedlings following limiting factors are otherwise unknown Head and Puu Kahulianapa, Mahinanui, winter rains, presumably because the (Service 1999; 61 FR 53108). Olowalu, and Pimoe, south of Puu drier sites have fewer nonnative Historically, Schiedea nuttallii was Puou. Off the south central coast of predators. Schiedea hookeri differs known from Kauai and Oahu and was Kahoolawe, approximately 100 considerably through its range in reported from Maui. Currently, it is individuals of S. tomentosa are found potential for clonal growth. Plants from found on Kauai, Oahu, and Molokai on a small islet, Puu Koae, a State-
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owned seabird sanctuary (GDSI 2001; Nothing is known of the preferred caused by natural weathering, which HINHP Database 2001; Service 1999; 59 habitat of, or native plant species result in the death of individual plants FR 56333; R. Hobdy in litt. 2000). associated with, Solanum incompletum as well as habitat destruction (Service Sesbania tomentosa is found on on the island of Maui (Service 1999; 59 1999; 59 FR 56333). FR 56333; R. Hobdy, pers. comm., windswept slopes, sea cliffs, and cinder Tetramolopium arenarium (NCN) cones in Scaevola taccada coastal dry 2001), and nothing is known of the shrublands at elevations between 0 and threats to Solanum incompletum on the Tetramolopium arenarium is a short- 608 m (0 and 1,993 ft) and containing island of Maui (Service 1999; 59 FR lived perennial and an upright, one or more of the following associated 56333). branched shrub in the sunflower family (Asteraceae). Alternate leaves are lance- native plant species: Bidens spp.; Spermolepis hawaiiensis (NCN) Diospyros sandwicensis; stunted shaped, hairy, glandular, and gray- Dodonaea viscosa; Jacquemontia Spermolepis hawaiiensis, a member of green. This species is separated from ovalifolia ssp. sandwicensis the parsley family (Apiaceae), is a other species of the genus in the (pauohiiaka); Melanthera integrifolia; or slender annual herb with few branches. Hawaiian Islands by several characters: Sida fallax (HINHP Database 2001; Its leaves are dissected into narrow, Upright habit; number of heads per Service 1999; 59 FR 56333; R. Hobdy, lance-shaped divisions. Spermolepis flower cluster; presence and type of pers. comm., 2001). hawaiiensis is the only member of the glands and hairs; size of male ray genus native to Hawaii. It is flowers; number and color of bisexual The primary threats to Sesbania distinguished from other native disk flowers; and fruit shape and tomentosa on Maui are habitat members of the family by being a non- pubescence. Three infra-specific taxa degradation caused by competition with succulent annual with an umbrella- are recognized: Tetramolopium various nonnative plant species such as shaped inflorescence (Constance and arenarium ssp. arenarium var. Lantana camara, Waltheria indica Affolter 1999). arenarium (from Maui and Hawaii); T. (uhaloa), and various grass species; Little is known about the life history arenarium ssp. arenarium var. grazing and trampling by feral cattle; of Spermolepis hawaiiensis. Flowering confertum (from Hawaii); and T. lack of adequate pollination; seed cycles, pollination vectors, seed arenarium ssp. laxum (from Maui). predation by rats, mice and, potentially, dispersal agents, longevity, specific These taxa are distinguished by a nonnative insects; fire; and destruction environmental requirements, and combination of characters. by off-road vehicles and other human limiting factors are unknown (Service Tetramolopium arenarium ssp. disturbances. Threats to S. tomentosa on 1999; 59 FR 56333). arenarium var. confertum and T. Kahoolawe include habitat degradation Historically, Spermolepis hawaiiensis arenarium ssp. laxum have not been caused by competition with various was known from the islands of Kauai, seen the late 1800s (Lowrey 1999). nonnative plant species, erosion, and Oahu, Lanai, and Hawaii. Currently, it Little is known about the life history trampling by cats and seabirds (Service is extant on Kauai, Oahu, Molokai, of Tetramolopium arenarium. Flowering 1999; 59 FR 56333; P. Higashino, pers. Lanai, Maui, and Hawaii. On Maui, cycles, pollination vectors, seed comm., 2000). there are five known occurrences with dispersal agents, longevity, specific Solanum incompletum (Popolo ku mai) hundreds to thousands of individuals environmental requirements, and on State (Lihau section of West Maui limiting factors are unknown (Service Solanum incompletum, a short-lived NAR and Kanaio NAR) and privately 1996a; 59 FR 10305). perennial member of the nightshade owned lands within the West Maui Tetramolopium arenarium was family (Solanaceae), is a woody shrub. Mountains Watershed Partnership in historically known from the islands of Its stems and lower leaf surfaces are Puu Hipa, south of Kanaha Stream, Maui and Hawaii. The species was covered with prominent reddish Olowalu, and Kanaio (GDSI 2001; considered extinct until T. arenarium prickles or sometimes with yellow fuzzy HINHP Database 2001; Service 1999; 59 ssp. arenarium var. arenarium was hairs on young plant parts and lower FR 56333; Charles Chimera, USGS-BRD, recently rediscovered on the island of leaf surfaces. This species differs from pers. comm., 2000). Hawaii. Both subspecies were last seen other native members of the genus by Spermolepis hawaiiensis on Maui is on Maui in the late 1800s (GDSI 2001; being generally prickly and having known from shady spots in Dodonaea HINHP Database 2001; Service 1996a; loosely clustered white flowers, curved viscosa lowland dry shrubland at 59 FR 10305). anthers about 2 mm (0.08 in) long, and elevations between 221 and 742 m (725 Nothing is known about the preferred berries 1 to 2 cm (0.4 to 0.8 in) in and 2,434 ft) and containing one or habitat of or native species associated diameter (Symon 1999). more of the following associated native with Tetramolopium arenarium on Little is known about the life history species: Diospyros spp.; Eragrostis Maui (Service 1996a; 59 FR 10305; R. of Solanum incompletum. Flowering variabilis; Erythrina sandwicensis; Hobdy, pers. comm., 2001), and nothing cycles, pollination vectors, seed Gouania hillebrandii; Heteropogon is known of the threats to dispersal agents, longevity, specific contortus; Melanthera lavarum; Tetramolopium arenarium on the island environmental requirements, and Myoporum sandwicense; Pleomele spp.; of Maui (Service 1996a; 59 FR 10305). limiting factors are unknown (Service Santalum ellipticum; Sida fallax; or 1999; 59 FR 56333). Wikstroemia spp. (HINHP Database Tetramolopium remyi (NCN) Historically, Solanum incompletum 2001; Service 1999; 59 FR 56333; C. Tetramolopium remyi, a short-lived was known from Lanai, scattered Chimera, pers. comm., 2000; R. Hobdy, perennial member of the sunflower locations on Maui, and the island of pers. comm., 2001). family (Asteraceae), is a many branched, Hawaii. According to David Symon The primary threats to Spermolepis decumbent (reclining, with the end (1999), the known distribution of S. hawaiiensis on Maui are habitat ascending) or occasionally erect shrub incompletum also extended to the degradation by feral goats, pigs, cattle, up to about 38 cm (15 in) tall. The islands of Kauai and Molokai. Currently, and axis deer; competition with various stems, leaves, flower bracts, and fruit S. incompletum is only known from the nonnative plants, such as Lantana are covered with sticky hairs. island of Hawaii (HINHP Database 2001; camara and Melinis repens; fire; Tetramolopium remyi has the largest Service 1999; 59 FR 56333). erosion, landslides, and rock slides flower heads in the genus. Two other
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species of the genus are known round to linear. This species differs and sickle-shaped fruits with a rounded historically from Lanai, but both have from others in the genus by its thin, tip (Stone et al. 1999). purplish rather than yellow disk florets yellowish petals; sparsely hairy calyx; Little is known about the life history and from 4 to 60 rather than one flower and thin pods, which may or may not of Zanthoxylum hawaiiense. Flowering head per branch (Lowrey 1999). be slightly inflated (Geesink et al. 1999). cycles, pollination vectors, seed Tetramolopium remyi flowers Little is known about the life history dispersal agents, longevity, specific between April and January. Field of Vigna o-wahuensis. Flowering cycles, environmental requirements, and observations suggest that the population pollination vectors, seed dispersal limiting factors are unknown (Service size of the species can be profoundly agents, longevity, specific 1996a; 59 FR 10305). affected by variability in annual environmental requirements, and Historically, Zanthoxylum hawaiiense precipitation. The adult plants may limiting factors are unknown (Service was known from the islands of Kauai, succumb to prolonged drought, but 1999; 59 FR 56333). Molokai, Lanai, Hawaii, and the apparently there is a seedbank in the Historically, Vigna o-wahuensis was southern and southwestern slopes of soil that can replenish the population known from Niihau, Oahu, East Maui in Haleakala on Maui. Currently, Z. during favorable conditions. Such seed Makawao, Waiakoa, and Haleakala, and hawaiiense is extant on the islands of banks are of great importance for arid- at an unspecified site on West Maui. Kauai, Molokai, Maui, and Hawaii. This dwelling plants to allow populations to Currently, V. o-wahuensis is known species is found on Maui in 9 persist through adverse conditions. from the islands of Molokai, Lanai, occurrences with a total of 11 Success in greenhouse cultivation of Kahoolawe, Maui, and Hawaii. On the individuals on private and State these plants with much higher water State-owned island of Kahoolawe, there (Makawao Forest Reserve and DHHL) availability implies that, although these is one occurrence with an unknown lands at Kahakapao, and in the Hana plants are drought-tolerant, perhaps the number of individuals in the Makaalae/ District, north and south of the Jeep dry conditions in which they currently Lua Kealialalo area. On Maui, there is a Trail and north of the Kula Pipeline exist are not optimum. Individual plants single occurrence of at least one (GDSI 2001; HINHP Database 2001; are probably not long-lived. Pollination individual on State-owned land at Service 1996a; 59 FR 10305). Kamanamana (GDSI 2001; HINHP is hypothesized to be by butterflies, Zanthoxylum hawaiiense on Maui is Database 2001; Service 1999; 59 FR bees, or flies. Seed dispersal agents, reported from open lowland dry or 56333; C. Chimera, pers. comm., 2000). specific environmental requirements, mesic Nestegis sandwicensis-Pleomele On Kahoolawe and Maui, Vigna o- and other limiting factors of this species auwahiensis forests, Acacia koa- wahuensis occurs in dry to mesic are unknown (Service 1995b; 56 FR Pleomele auwahiensis forest, or grassland and shrubland at elevations 47686). montane dry forest at elevations Historically, the species was known between 0 and 50 m (0 and 164 ft) and between 869 and 1,540 m (2,852 and from the Lahaina area of West Maui and containing one or more of the following 5,051 ft) and containing one or more of Lanai. Currently, Tetramolopium remyi associated plant species: Chamaesyce the following associated native species: is known from two occurrences on spp.; Chenopodium spp.; or Sida fallax Alectryon macrococcus; Alphitonia Lanai. It was last seen on Maui in 1944 (HINHP Database 2001; Service 1999; 59 ponderosa; Charpentiera spp.; until relocated in 2001 by Joel Lau of FR 56333; R. Hobdy, pers. comm., Diospyros sandwicensis; Dodonaea HINHP on State-owned land with an 2001). viscosa; Melicope spp.; Metrosideros unknown number of plants in the Kuia The primary threats to Vigna o- polymorpha; Myrsine lanaiensis; area (GDSI 2001; HINHP Database 2001; wahuensis on Kahoolawe are Osteomeles anthyllidifolia; Pisonia spp. Service 1995b; 56 FR 47686). competition with various nonnative (papala kepau); Santalum ellipticum; On Maui, Tetramolopium remyi plant species, fire, a risk of extinction Sophora chrysophylla; Streblus occurs in lowland dry shrubland on dry, caused by random environmental pendulinus; or Xylosma hawaiiense exposed ridges or flats at elevations events, and reduced reproductive vigor (HINHP Database 2001; Service 1996a; between 52 and 550 m (171 and 1,804 caused by the small number of existing 59 FR 10305; R. Hobdy, pers. comm., ft). Associated plant species include occurrences and individuals. The 2001). Bidens mauiensis, Bidens menziesii, primary threats to this species on Maui Dodonaea viscosa, Eragrostis are competition with the nonnative The threats to Zanthoxylum atropioides (lovegrass), Heteropogon plant species Cenchrus ciliaris hawaiiense on Maui include browsing, contortus, Lipochaeta heterophylla (buffelgrass) and Lantana camara, and grazing, and trampling by feral goats (NCN), or Waltheria indica (Service herbivory by axis deer and goats and cattle; competition with the 1995b; 56 FR 47686; R. Hobdy, pers. (Service 1999; 59 FR 56333). nonnative plant species, Lantana camara, Melia azedarach (chinaberry) comm., 2001). Zanthoxylum hawaiiense (Ae) Nothing is known of the threats to and Pennisetum clandestinum; fire; Tetramolopium remyi on the island of Zanthoxylum hawaiiense, a long-lived human disturbance; risk of extinction Maui (Service 1995b; 56 FR 47686). perennial, is a medium-sized tree with from naturally occurring events; and pale to dark gray bark and lemon- reduced reproductive vigor caused by Vigna o-wahuensis (NCN) scented leaves in the rue family the small number of populations Vigna o-wahuensis, a member of the (Rutaceae). Zanthoxylum hawaiiense is (Service 1996a; 59 FR 10305). pea family (Fabaceae), is a slender, distinguished from other Hawaiian A summary of occurrences and land twining, short-lived perennial herb with members of the genus by several ownership for the 70 plant species fuzzy stems. Each leaf is made up of characters: Three leaflets all of similar reported from the islands of Maui and three leaflets which vary in shape from size, one joint on the lateral leaf stalk, Kahoolawe is given in Table 2.
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TABLE 2.—SUMMARY OF EXISTING OCCURRENCES AND LAND OWNERSHIP FOR 70 SPECIES REPORTED FROM MAUI AND KAHOOLAWE
Number of Land ownership Species current occurrences Federal State Private
Acaena exigua ...... 0 ...... Adenophorus periens ...... 0 ...... Alectryon macrococcus ...... 13 ...... X X Argyroxiphium sandwicense ssp. macrocephalum ...... 7 X* ...... X Asplenium fragile var. insulare ...... 2 X* ...... X Bidens micrantha ssp. kalealaha ...... 4 X* X ...... Bonamia menziesii ...... 6 ...... X X Brighamia rockii ...... 0 ...... Cenchrus agrimonioides ...... 1 ...... X ...... Centaurium sebaeoides ...... 3 ...... X X Clermontia lindseyana ...... 2 ...... X X Clermontia oblongifolia ssp. mauiensis ...... 1 ...... Clermontia peleana ...... 0 ...... Clermontia samuelii ...... 7 X* X ...... Colubrina oppositifolia ...... 1 ...... X Ctenitis squamigera ...... 12 ...... X X Cyanea copelandii ssp. haleakalaensis ...... 5 X* X X Cyanea glabra ...... 1 ...... X Cyanea grimesiana ssp. grimesiana ...... 2 ...... X Cyanea hamatiflora ssp. hamatiflora ...... 9 X* X X Cyanea lobata ...... 5 ...... X Cyanea mceldowneyi ...... 11 ...... X X Cyrtandra munroi ...... 5 ...... X X Delissea undulata ...... 0 ...... Diellia erecta ...... 5 ...... X X Diplazium molokaiense ...... 4 ...... X X Dubautia plantaginea ssp. humilis ...... 2 ...... X Flueggea neowawraea ...... 4 ...... X X Geranium arboreum ...... 12 ...... X X Geranium multiflorum ...... 13 X* X X Gouania vitifolia ...... 0 ...... Hedyotis coriacea ...... 1 ...... X ...... Hedyotis mannii ...... 1 ...... X Hesperomannia arborescens ...... 4 ...... X X Hesperomannia arbuscula ...... 8 ...... X Hibiscus brackenridgei ...... 5 ...... X X Ischaemum byrone ...... 6 ...... X X Isodendrion pyrifolium ...... 0 ...... Kanaloa kahoolawensis ...... 1 ...... X ...... Lipochaeta kamolensis ...... 1 ...... X ...... Lysimachia lydgatei ...... 4 ...... X X Mariscus pennatiformis ...... 2 ...... X ...... Melicope adscendens ...... 16 ...... X X Melicope balloui ...... 3 X* ...... X Melicope knudsenii ...... 4 ...... X X Melicope mucronulata ...... 1 ...... X Melicope ovalis ...... 2 X* ...... Neraudia sericea ...... 5 ...... X X Nototrichium humile ...... 0 ...... Peucedanum sandwicense ...... 3 ...... X X Phlegmariurus mannii ...... 7 X* X X Phyllostegia mannii ...... 0 ...... Phyllostegia mollis ...... 1 ...... X ...... Phyllostegia parviflora ...... 0 ...... Plantago princeps ...... 8 X* ...... X Platanthera holochila ...... 5 ...... X X Pteris lidgatei ...... 2 ...... X X Remya mauiensis ...... 5 ...... X ...... Sanicula purpurea ...... 7 ...... X X Schiedea haleakalensis ...... 2 X* ...... Schiedea hookeri ...... 0 ...... Schiedea nuttallii ...... 0 ...... Sesbania tomentosa ...... 6 X** X X Solanum incompletum ...... 0 ...... Spermolepis hawaiiensis ...... 5 ...... X X Tetramolopium arenarium ...... 0 ...... Tetramolopium capillare ...... 5 ...... X X Tetramolopium remyi ...... 1 ...... X ...... Vigna o-wahuensis ...... 2 ...... X ......
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TABLE 2.—SUMMARY OF EXISTING OCCURRENCES AND LAND OWNERSHIP FOR 70 SPECIES REPORTED FROM MAUI AND KAHOOLAWE—Continued
Number of Land ownership Species current occurrences Federal State Private
Zanthoxylum hawaiiense ...... 9 ...... X X * Haleakala National Park Lands. ** Kanaio Army National Guard Lands.
Previous Federal Action princeps), Remya mauiensis, Sesbania a proposed rule in the Federal Register Federal action on these plants began tomentosa (as Sesbania hobdyi and (41 FR 24523) to determine endangered as a result of section 12 of the Sesbania tomentosa var. tomentosa), status pursuant to section 4 of the Act Endangered Species Act of 1973, as Vigna o-wahuensis (as Vigna for approximately 1,700 vascular plant amended (Act) (16 U.S.C. 1531 et seq.), sandwicensis var. heterophylla and var. taxa, including all of the above taxa which directed the Secretary of the sandwicensis), and Zanthoxylum except Cyanea glabra and Cyrtandra Smithsonian Institution to prepare a hawaiiense (as Zanthoxylum hawaiiense munroi; additionally, Argyroxiphium report on plants considered to be var. citriodora), were considered to be sandwicense ssp. macrocephalum (as endangered, threatened, or extinct in the endangered; Cyrtandra munroi, Diellia Argyroxiphium macrocephalum) United States. This report, designated as erecta, and Zanthoxylum hawaiiense (as appeared in the 1976 proposed rule as House Document No. 94–51, was Zanthoxylum hawaiiense var. endangered. The list of 1,700 plant taxa presented to Congress on January 9, hawaiiense and var. velutinosum) were was assembled on the basis of 1975. In that document, Alectryon considered to be threatened; and comments and data received by the macrococcus (as Alectryon Asplenium fragile var. insulare (as Smithsonian Institution and the Service macrococcum var. macrococcum and Asplenium fragile), Bidens micrantha in response to House Document No. 94– Alectryon mahoe), Bonamia menziesii, ssp. kalealaha (as Bidens distans and 51 and the July 1, 1975, Federal Brighamia rockii, Clermontia Bidens micrantha ssp. kalealaha), Register publication (40 FR 27823). lindseyana, Colubrina oppositifolia, Ctenitis squamigera, Diplazium General comments received in Cyanea glabra (as Cyanea scabra var. molokaiense, Gouania vitifolia, response to the 1976 proposal were variabilis), Cyanea lobata (as Cyanea Hedyotis coriacea, Isodendrion summarized in an April 26, 1978, baldwinii), Cyanea mceldowneyi, pyrifolium, Melicope knudsenii (as Flueggea neowawraea (as Drypetes Pelea knudsenii and Pelea tomentosa), Federal Register publication (43 FR phyllanthoides), Geranium arboreum, Melicope mucronulata (as Pelea 17909). In 1978, amendments to the Act Geranium multiflorum (as Geranium mucronulata), Phlegmariurus mannii required that all proposals over two multiflorum var. multiflorum, var. (as Lycopodium mannii), Plantago years old be withdrawn. A 1-year grace ovatifolium, and var. superbum), princeps (as Plantago princeps var. period was given to proposals already Hedyotis mannii (as Hedyotis thyrsoidea acaulis var. denticulata, and var. over two years old. On December 10, var. thyrsoidea), Hesperomannia queleniana), Pteris lidgatei, 1979, we published a notice in the arborescens (as Hesperomannia Tetramolopium arenarium (as Federal Register (44 FR 70796) arborescens var. bushiana and var. Tetramolopium arenarium var. withdrawing the portion of the June 16, swezeyi), Hesperomannia arbuscula, arenarium, var. confertum, and var. 1976, proposal that had not been made Hibiscus brackenridgei (as Hibiscus dentatum), Tetramolopium capillare, final, along with four other proposals brackenridgei var. brackenridgei, var. and Tetramolopium remyi were that had expired. We published updated mokuleianus, and var. ‘‘from Hawaii’’), considered extinct. On July 1, 1975, we Notices of Review for plants on Ischaemum byrone, Melicope balloui (as published a notice in the Federal December 15, 1980 (45 FR 82479), Pelea balloui), Melicope knudsenii (as Register (40 FR 27823) of our September 27, 1985 (50 FR 39525), Pelea multiflora), Melicope ovalis (as acceptance of the Smithsonian report as February 21, 1990 (55 FR 6183), Pelea ovalis), Neraudia sericea (as a petition within the context of section September 30, 1993 (58 FR 51144), and Neraudia kahoolawensis), Nototrichium 4(c)(2) (now section 4(b)(3)) of the Act, February 28, 1996 (61 FR 7596). We humile, Peucedanum sandwicense (as and gave notice of our intention to listed the 70 species as endangered or Peucedanum kauaiense), Phyllostegia review the status of the plant taxa threatened between 1991 and 1999. A mollis, Plantago princeps (as Plantago named therein. As a result of that summary of the listing actions can be princeps var. elata, var. laxiflora, var. review, on June 16, 1976, we published found in Table 3(a).
TABLE 3(a).—SUMMARY OF LISTING ACTIONS FOR 70 PLANT SPECIES FROM MAUI AND KAHOOLAWE
Proposed listing rule Final listing rule Federal Species status Federal Federal Date Register Date Register
Acaena exigua ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Adenophorus periens ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Alectryon macrococcus ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Argyroxiphium sandwicense ssp. macrocephalum ...... T 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Asplenium fragile var. insulare ...... E 06/24/93 58 FR 34231 09/09/94 59 FR 49025 Bidens micrantha ssp. kalealaha ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Bonamia menziesii ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333
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TABLE 3(a).—SUMMARY OF LISTING ACTIONS FOR 70 PLANT SPECIES FROM MAUI AND KAHOOLAWE—Continued
Proposed listing rule Final listing rule Federal Species status Federal Federal Date Register Date Register
Brighamia rockii ...... E 09/20/91 56 FR 47718 10/08/92 57 FR 46325 Cenchrus agrimonioides ...... E 10/02/95 60 FR 51417 10/10/96 61 FR 53108 Centaurium sebaeoides ...... E 09/28/90 55 FR 39664 10/29/91 56 FR 55770 Clermontia lindseyana ...... E 12/17/92 57 FR 59951 03/04/94 59 FR 10305 Clermontia oblongifolia ssp. mauiensis ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Clermontia peleana ...... E 12/17/92 57 FR 59951 03/04/94 59 FR 10305 Clermontia samuelii ...... E 05/15/97 62 FR 26757 09/03/99 64 FR 48307 Colubrina oppositifolia ...... E 12/17/92 57 FR 59951 03/04/94 59 FR 10305 Ctenitis squamigera ...... E 06/24/93 58 FR 34231 09/09/94 59 FR 49025 Cyanea copelandii ssp. haleakalaensis ...... E 05/15/97 62 FR 26757 09/03/99 64 FR 48307 Cyanea glabra ...... E 05/15/97 62 FR 26757 09/03/99 64 FR 48307 Cyanea grimesiana ssp. grimesiana ...... E 10/02/95 60 FR 51417 10/10/96 61 FR 53108 Cyanea hamatiflora ssp. hamatiflora ...... E 05/15/97 62 FR 26757 09/03/99 64 FR 48307 Cyanea lobata ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Cyanea mceldowneyi ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Cyrtandra munroi ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Delissea undulata ...... E 06/27/94 59 FR 32946 10/10/96 61 FR 53124 Diellia erecta ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Diplazium molokaiense ...... E 06/24/93 58 FR 34231 09/09/94 59 FR 49025 Dubautia plantaginea ssp. humilis ...... E 05/15/97 62 FR 26757 09/03/99 64 FR 48307 Flueggea neowawraea ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Geranium arboreum ...... E 01/23/91 56 FR 2490 05/13/92 57 FR 20589 Geranium multiflorum ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Gouania vitifolia ...... E 12/14/92 57 FR 39066 06/27/94 59 FR 32932 Hedyotis coriacea ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Hedyotis mannii ...... E 09/20/91 56 FR 47718 10/08/92 57 FR 46325 Hesperomannia arborescens ...... E 10/14/92 57 FR 47028 03/28/94 59 FR 14482 Hesperomannia arbuscula ...... E 09/28/90 55 FR 39664 10/29/91 56 FR 55770 Hibiscus brackenridgei ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Ischaemum byrone ...... E 12/17/92 57 FR 59951 03/04/94 59 FR 10305 Isodendrion pyrifolium ...... E 12/17/92 57 FR 59951 03/04/94 59 FR 10305 Kanaloa kahoolawensis ...... E 05/15/97 62 FR 26757 09/03/99 64 FR 48307 Lipochaeta kamolensis ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Lysimachia lydgatei ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Mariscus pennatiformis ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Melicope adscendens ...... E 05/11/93 58 FR 18073 12/05/94 59 FR 62346 Melicope balloui ...... E 05/11/93 58 FR 18073 12/05/94 59 FR 62346 Melicope knudsenii ...... E 10/30/91 56 FR 5562 02/25/94 59 FR 09304 Melicope mucronulata ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Melicope ovalis ...... E 05/11/93 58 FR 18073 12/05/94 59 FR 62346 Neraudia sericea ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Nototrichium humile ...... E 10/02/95 60 FR 51398 10/10/96 61 FR 53089 Peucedanum sandwicense ...... T 10/30/91 56 FR 5562 02/25/94 59 FR 09304 Phlegmariurus mannii ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Phyllostegia mannii ...... E 09/20/91 56 FR 47718 10/08/92 57 FR 46325 Phyllostegia mollis ...... E 09/28/90 55 FR 39664 10/29/91 56 FR 55770 Phyllostegia parviflora ...... E 10/02/95 60 FR 51417 10/10/96 61 FR 53108 Plantago princeps ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Platanthera holochila ...... E 10/02/95 60 FR 51417 10/10/96 61 FR 53108 Pteris lidgatei ...... E 06/24/93 58 FR 34231 09/09/94 59 FR 49025 Remya mauiensis ...... E 10/02/89 54 FR 40447 01/14/91 56 FR 1450 Sanicula purpurea ...... E 10/02/95 60 FR 51417 10/10/96 61 FR 53108 Schiedea haleakalensis ...... E 05/24/91 56 FR 23842 05/15/92 57 FR 20772 Schiedea hookeri ...... E 10/02/95 60 FR 51417 10/10/96 61 FR 53108 Schiedea nuttallii ...... E 10/02/95 60 FR 51417 10/10/96 61 FR 53108 Sesbania tomentosa ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Solanum incompletum ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Spermolepis hawaiiensis ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Tetramolopium arenarium ...... E 12/17/92 57 FR 59951 03/04/94 59 FR 10305 Tetramolopium capillare ...... E 03/25/93 58 FR 16164 09/30/94 59 FR 49860 Tetramolopium remyi ...... E 09/17/90 55 FR 38236 09/20/91 56 FR 47686 Vigna o-wahuensis ...... E 09/14/93 58 FR 48012 11/10/94 59 FR 56333 Zanthoxylum hawaiiense ...... E 12/17/92 57 FR 59951 03/04/94 59 FR 10305 Key: E= Endangered. T= Threatened.
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At the time each plant was listed, we occurring there at the present (id. at potentially increase trespass or found that designation of critical habitat 1285–88). vandalism on private lands. In addition, was prudent for six of these plants On August 10, 1998, the court ordered commenters also cited a lack of (Clermontia samuelii, Cyanea us to publish proposed critical habitat information on the biological and copelandii ssp. haleakalaensis, Cyanea designations or nondesignations for at ecological needs of these plants which, glabra, Cyanea hamatiflora ssp. least 100 species by November 30, 2000, they suggested, may lead to designation hamatiflora, Dubautia plantaginea ssp. and to publish proposed designations or based on guesswork. The respondents humilis, and Kanaloa kahoolawensis) nondesignations for the remaining 145 who supported the designation of and not prudent for the other 64 plants species by April 30, 2002 (Conservation critical habitat cited that designation because it would not benefit the plant Council for Hawaii v. Babbitt, 24 F. would provide a uniform protection or would increase the degree of threat to Supp. 2d 1074 (D. Haw. 1998)). plan for the Hawaiian Islands; promote the species. The not prudent At the time we listed Clermontia funding for management of these plants; determinations for these species, along samuelii, Cyanea copelandii ssp. educate the public and State with others, were challenged in haleakalaensis, Cyanea glabra, Cyanea government; and protect partnerships Conservation Council for Hawaii v. hamatiflora ssp. hamatiflora, Dubautia with landowners and build trust. Babbitt, 2 F. Supp. 2d 1280 (D. Haw. plantaginea ssp. humilis, and Kanaloa On December 29, 1999, we provided 1998). On March 9, 1998, the United kahoolawensis (64 FR 48307), we found information to landowners on the States District Court for the District of that designation of critical habitat was islands of Maui and Kahoolawe, Hawaii directed us to review the prudent and stated that we would regarding our requirement to designate prudency findings for 245 listed plant develop critical habitat designations for critical habitat for 70 plant species. This species in Hawaii, including 64 of the these six taxa, along with four others, by information included a copy of the 70 listed species reported from Maui. the time we completed designations for November 30, 1998, Federal Register Among other things, the court held that the 245 Hawaiian plant species. This notice, a map showing the general in most cases we did not sufficiently timetable was challenged in locations of the species that may be on demonstrate that the species are Conservation Council for Hawaii v. his/her property, and a handout threatened by human activity or that Babbitt, Civ. No. 99–00283 HG (D. Haw. containing general information on such threats would increase with the Aug. 19, 1999, Feb. 16, 2000, and March critical habitat. We held two open designation of critical habitat. The court 28, 2000). The court agreed that it was houses on the island of Maui, at the also held that we failed to balance any reasonable for us to integrate these 10 Lahaina Civic Center and the Wailuku risks of designating critical habitat Maui Nui (Maui, Lanai, Molokai, and Community Center on January 11 and against any benefits (id. at 1283–85). Kahoolawe) plant taxa into the schedule 12, 2000, respectively, to meet with established for designating critical local landowners and other interested Regarding our determination that habitat for the other 245 Hawaiian members of the public. A total of 30 designating critical habitat would have plants, but ordered us to publish people attended the two open houses. In no additional benefits to the species proposed critical habitat designations addition, we met with Maui County above and beyond those already for the 10 Maui Nui species by DOFAW staff to discuss their provided through the section 7 November 30, 2000, and to publish final management activities on Maui. consultation requirement of the Act, the critical habitat designations by On December 18, 2000, we published court ruled that we failed to consider November 30, 2001. the second of the court-ordered the specific effect of the consultation On November 30, 1998, we published proposed critical habitat designations or requirement on each species (id. at a notice in the Federal Register nondesignations for 61 Maui and 1286–88). In addition, the court stated requesting public comments on our Kahoolawe plants (65 FR 79192). The that we did not consider benefits reevaluation of whether designation of proposed critical habitat designations outside of the consultation critical habitat is prudent for the 245 for Kauai and Niihau plants were requirements. In the court’s view, these Hawaiian plants at issue (63 FR 65805). published on November 7, 2000 (65 FR potential benefits include substantive The comment period closed on March 1, 66808), for Molokai plants on December and procedural protections. The court 1999, and was reopened from March 24, 29, 2000 (65 FR 83158), and for Lanai held that, substantively, designation 1999, to May 24, 1999 (64 FR 14209). plants on December 27, 2000 (65 FR establishes a ‘‘uniform protection plan’’ We received more than 100 responses 82086). All of these proposed rules were prior to consultation and indicates from individuals, non-profit sent to the Federal Register by or on where compliance with section 7 of the organizations, the State Division of November 30, 2000, as required by the Act is required. Procedurally, the court Forestry and Wildlife (DOFAW), county court orders. In those proposals we stated that the designation of critical governments, and Federal agencies (U.S. proposed that critical habitat was habitat educates the public, State, and Department of Defense-Army, Navy, Air prudent for 61 species (Alectryon local governments and affords them an Force). Only a few responses offered macrococcus, Argyroxiphium opportunity to participate in the information on the status of individual sandwicense ssp. macrocephalum, designation (id. at 1288). The court also plant species or on current management Adenophorus periens, Bidens micrantha stated that private lands may not be actions for one or more of the 245 ssp. kalealaha, Bonamia menziesii, excluded from critical habitat Hawaiian plants. While some of the Brighamia rockii, Cenchrus designation even though section 7 respondents expressed support for the agrimonioides, Centaurium sebaeoides, requirements apply only to Federal designation of critical habitat for 245 Clermontia lindseyana, Clermontia agencies. In addition to the potential Hawaiian plants, more than 80 percent oblongifolia ssp. mauiensis, Clermontia benefit of informing the public, State, opposed the designation of critical samuelii, Colubrina oppositifolia, and local governments of the listing and habitat for these plants. In general, these Ctenitis squamigera, Cyanea copelandii of the areas that are essential to the respondents opposed designation ssp. haleakalaensis, Cyanea glabra, species’ conservation, the court found because they believed it would cause Cyanea grimesiana ssp. grimesiana, that there may be Federal activity on economic hardship, discourage Cyanea hamatiflora ssp. hamatiflora, private property in the future, even cooperative projects, polarize Cyanea lobata, Cyanea mceldowneyi, though no such activity may be relationships with hunters, or Cyrtandra munroi, Delissea undulata,
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Diellia erecta, Diplazium molokaiense, comment period until April 2, 2001, on proposed on approximately 51,208 ha Dubautia plantaginea ssp. humilis, the proposal to designate critical habitat (126,531 ac) of land on Maui, and Flueggea neowawraea, Geranium for 50 plants from Maui and Kahoolawe approximately 1,372 ha (4,500 ac) on arboreum, Geranium multiflorum, and a notice of a public hearing. On Kahoolawe (67 FR 15856). We proposed Hedyotis coriacea, Hedyotis mannii, March 20, 2001, we held a public that critical habitat was prudent for six Hesperomannia arborescens, hearing at the Renaissance Wailea Beach species (Clermontia peleana, Gouania Hesperomannia arbuscula, Hibiscus Resort, Maui. vitifolia, Nototrichium humile, brackenridgei, Ischaemum byrone, On October 3, 2001, we submitted a Phyllostegia parviflora, Schiedea Isodendrion pyrifolium, Kanaloa joint stipulation with Earthjustice hookeri, and Tetramolopium arenarium) kahoolawensis, Lipochaeta kamolensis, (representing the plaintiffs in Hawaii for which a prudency finding had not Lysimachia lydgatei, Mariscus Conservation Council v. Babbitt) to the been made previously. Critical habitat pennatiformis, Melicope adscendens, U.S. District Court requesting extension was not proposed for Adenophorus Melicope balloui, Melicope knudsenii, of the court order for the final rules to periens, Clermontia peleana, Delissea Melicope mucronulata, Melicope ovalis, designate critical habitat for plants from undulata, Phyllostegia parviflora, Neraudia sericea, Peucedanum Kauai and Niihau (July 30, 2002), Maui Schiedea hookeri, Schiedea nuttallii, sandwicense, Phlegmariurus mannii, and Kahoolawe (August 23, 2002), Lanai Solanum incompletum, and Phyllostegia mannii, Phyllostegia mollis, (September 16, 2002), and Molokai Tetramolopium arenarium on the Plantago princeps, Platanthera (October 16, 2002), citing the need to islands of Maui and Kahoolawe because holochila, Pteris lidgatei, Remya revise the proposals to incorporate or these plants no longer occur on Maui or mauiensis, Sanicula purpurea, Schiedea address new information and comments Kahoolawe, and we were unable to haleakalensis, Schiedea nuttallii, received during the comment periods. identify habitat which was essential to Sesbania tomentosa, Spermolepis The joint stipulation was approved and their conservation on these islands. hawaiiensis, Tetramolopium capillare, ordered by the court on October 5, 2001. Critical habitat was not proposed for Tetramolopium remyi, Vigna o- On April 3, 2002, we published a Acaena exigua, a species reported from wahuensis, and Zanthoxylum revised proposed rule for 70 listed plant Maui as well as Kauai because it has not hawaiiense) that are reported from Maui species from Maui and Kahoolawe (67 been seen recently in the wild and was and/or Kahoolawe, as well as Kauai, FR 15856). Critical habitat for 61 not known to be in storage or under Niihau, Molokai, and Lanai. We (Alectryon macrococcus, Argyroxiphium propagation. proposed that critical habitat was not sandwicense ssp. macrocephalum, The publication of the revised prudent for one species, Acaena exigua, Asplenium fragile var. insulare, Bidens proposed rule opened up a 60-day a species reported from Maui as well as micrantha ssp. kalealaha, Bonamia public comment period, which closed menziesii, Brighamia rockii, Cenchrus Kauai, because it had not been seen on June 3, 2002. On July 11, 2002, we agrimonioides, Centaurium sebaeoides, recently in the wild, and no genetic submitted joint stipulations with Clermontia lindseyana, Clermontia material of this species was known to Earthjustice to the U.S. District Court oblongifolia ssp. mauiensis, Clermontia exist. At the time we proposed critical requesting extension of the court orders samuelii, Colubrina oppositifolia, habitat on Maui, critical habitat was not for the final rules to designate critical Ctenitis squamigera, Cyanea copelandii proposed for four species, habitat for plants from Lanai (December ssp. haleakalaensis, Cyanea glabra, Argyroxiphium sandwicense ssp. 30, 2002), Kauai and Niihau (January 31, Cyanea grimesiana ssp. grimesiana, 2003), Molokai (February 28, 2003), macrocephalum, Melicope balloui, Cyanea hamatiflora ssp. hamatiflora, Maui and Kahoolawe (April 18, 2003), Melicope ovalis, and Schiedea Cyanea lobata, Cyanea mceldowneyi, Oahu (April 30, 2003), the Northwestern haleakalensis, because they were found Cyrtandra munroi, Diellia erecta, Hawaiian Islands (April 30, 2003), and only in areas on Maui that did not Diplazium molokaiense, Dubautia the island of Hawaii (May 30, 2003), require special management plantaginea ssp. humilis, Flueggea citing the need to conduct additional considerations or protection because neowawraea, Geranium arboreum, reviews of the proposals, address they were already protected and Geranium multiflorum, Gouania comments received during the public managed to the benefit of these species, vitifolia, Hedyotis coriacea, Hedyotis comment periods, and to conduct a pursuant to 16 U.S.C. 1532(5)(A)(i). mannii, Hesperomannia arborescens, series of public workshops on the (However, a recent Federal District Hesperomannia arbuscula, Hibiscus proposals. The joint stipulations were Court disagreed with this interpretation brackenridgei, Ischaemum byrone, approved and ordered by the court on of the definition of critical habitat. Isodendrion pyrifolium, Kanaloa July 12, 2002. On August 26, 2002, we Center for Biological Diversity v. Norton, kahoolawensis, Lipochaeta kamolensis, published a notice (67 FR 54764) Civ. No. 01–409 TUC DCB (D. Ariz. Jan. Lysimachia lydgatei, Mariscus announcing a public hearing and 13, 2003). While the Service still pennatiformis, Melicope adscendens, reopening the comment period until believes our interpretation is reasonable, Melicope balloui, Melicope knudsenii, September 30, 2002. On August 27, we have not excluded areas from this Melicope mucronulata, Melicope ovalis, 2002, September 12, 2002, and critical habitat designation based on 16 Neraudia sericea, Nototrichium humile, September 26, 2002, we held public U.S.C. 1532(5)(a)(i).) Peucedanum sandwicense, meetings at the Maui Arts and Cultural On December 18, 2000, we proposed Phlegmariurus mannii, Phyllostegia Center, Kahului, Maui. On October 2, designation of critical habitat on mannii, Phyllostegia mollis, Plantago 2002, we published a notice (67 FR approximately 13,574 ha (33,614 ac) of princeps, Platanthera holochila, Pteris 61845) announcing the availability of land on the island of Maui and 207 ha lidgatei, Remya mauiensis, Sanicula the draft economic analysis on the (512 ac) on the island of Kahoolawe. purpurea, Schiedea haleakalensis, proposed critical habitat and reopening The publication of the proposed rule Sesbania tomentosa, Spermolepis the public comment period until opened a 60-day public comment hawaiiensis, Tetramolopium capillare, November 2, 2002. period, which closed on February 16, Tetramolopium remyi, Vigna o- We determined that designation of 2001. On February 22, 2001, we wahuensis, and Zanthoxylum critical habitat for the multi-island published a notice (66 FR 11131) hawaiiense) of the 70 plant species from species, Acaena exigua, was not announcing the reopening of the the islands of Maui and Kahoolawe was prudent on February 27, 2003 (68 FR
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9116) and explained why we believe grimesiana ssp. grimesiana; Cyanea Phyllostegia mannii; Phyllostegia mollis; critical habitat is prudent for the hamatiflora ssp. hamatiflora; Cyanea Phyllostegia parvilfora; Plantago following 45 multi-island species in lobata; Cyrtandra munroi; Delissea princeps; Platanthera holochila; Pteris other published final critical habitat undulata; Diellia erecta; Diplazium lidgatei; Schiedea nuttallii; Sesbania rules: Adenophorus periens; Alectryon molokaiense; Flueggea neowawraea; tomentosa; Solanum incompletum; macrococcus; Bidens micrantha ssp. Hedyotis mannii; Hesperomannia Spermolepis hawaiiensis; kalealaha; Bonamia menziesii; arborescens; Hibiscus brackenridgei; Tetramolopium remyi; Vigna o- Brighamia rockii; Cenchrus Ischaemum byrone; Isodendrion wahuensis; and Zanthoxylum agrimonioides; Centaurium sebaeoides; pyrifolium; Kanaloa kahoolawensis; hawaiiense (64 FR 48307, 68 FR 1220, Clermontia oblongifolia ssp. mauiensis; Mariscus pennatiformis; Melicope 68 FR 9116, 68 FR 12982). A summary Clermontia samuelii; Ctenitis knudsenii; Melicope mucronulata; of the critical habitat actions can be squamigera; Cyanea copelandii ssp. Neraudia sericea; Peucedanum found in Table 3(b). haleakalaensis; Cyanea glabra; Cyanea sandwicense; Phlegmariurus mannii;
TABLE 3((b).—SUMMARY OF PREVIOUS CRITICAL HABITAT ACTIONS FOR 70 PLANT SPECIES FROM MAUI AND KAHOOLAWE
Proposed critical habitat Final critical habitat prior to publication of this rule Species Date(s) Federal Federal Register Date(s) Register
Acaena exigua ...... 12/18/2000 65 FR 79192 NA NA Adenophorus periens ...... 11/07/2000 65 FR 66808 02/27/03 68 FR 9116 12/27/2000 65 FR 82086 03/18/03 12/29/2000 65 FR 83158 68 FR 12982 03/04/2002 67 FR 9806 04/05/2002 67 FR 16492 05/28/2002 67 FR 36968 05/28/2002 67 FR 37108 Alectryon macrococcus ...... 11/07/2000 65 FR 66808 02/27/03 68 FR 9116 12/18/2000 65 FR 79192 03/18/03 68 FR 12982 12/29/2000 65 FR 83158 01/28/2002 67 FR 3940 03/04/2002 67 FR 9806 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 05/28/2002 67 FR 37108 Argyroxiphium sandwicense ssp. macrocephalum ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 Asplenium fragile var. insulare ...... 04/03/2002 67 FR 15856 NA NA 05/28/2002 67 FR 36968 Bidens micrantha ssp. kalealaha ...... 12/18/2000 65 FR 79192 01/09/03 68 FR 1220 04/03/2002 67 FR 15856 Bonamia menziesii ...... 11/07/2000 65 FR 66808 02/27/03 68 FR 9116 12/18/2000 65 FR 79192 03/18/03 68 FR 12982 12/27/2000 65 FR 82086 01/28/2002 67 FR 3940 03/04/2002 67 FR 9806 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 05/28/2002 67 FR 36968 05/28/2002 67 FR 37108 Brighamia rockii ...... 12/29/2000 65 FR 83158 03/18/03 68 FR 12982 03/04/2002 67 FR 9806 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 Cenchrus agrimonioides ...... 03/04/2002 67 FR 9806 NA NA 04/03/2002 67 FR 15856 05/28/2002 67 FR 36968 05/28/2002 67 FR 37108 Centaurium sebaeoides ...... 11/07/2000 65 FR 66808 02/27/03 68 FR 9116 12/18/2000 65 FR 79192 03/18/03 68 FR 12982 12/27/2000 65 FR 82086 12/29/2000 65 FR 83158 01/28/2002 67 FR 3940 03/04/2002 67 FR 9806 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 05/28/2002 67 FR 37108 Clermontia lindseyana ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 05/28/2002 67 FR 36968
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TABLE 3((b).—SUMMARY OF PREVIOUS CRITICAL HABITAT ACTIONS FOR 70 PLANT SPECIES FROM MAUI AND KAHOOLAWE—Continued
Proposed critical habitat Final critical habitat prior to publication of this rule Species Date(s) Federal Federal Register Date(s) Register
Clermontia oblongifolia ssp. mauiensis ...... 12/18/2000 65 FR 79192 NA NA 12/27/2000 65 FR 82086 03/04/2002 67 FR 9806 04/03/2002 67 FR 15856 Clermontia peleana ...... 05/28/2002 67 FR 36968 NA NA Clermontia samuelii ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 Colubrina oppositifolia ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 05/28/2002 67 FR 36968 05/28/2002 67 FR 37108 Ctenitis squamigera ...... 12/18/2000 65 FR 79192 02/27/03 68 FR 9116 12/27/2000 65 FR 82086 03/18/03 68 FR 12982 12/29/2000 65 FR 83158 01/28/2002 67 FR 3940 03/04/2002 67 FR 9806 04/05/2002 67 FR 16492 05/28/2002 67 FR 37108 Cyanea copelandii ssp. haleakalaensis ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 Cyanea glabra ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 Cyanea grimesiana ssp. grimesiana ...... 12/18/2000 65 FR 79192 03/18/03 68 FR 12982 12/27/2000 65 FR 82086 12/29/2000 65 FR 83158 03/04/2002 67 FR 9806 04/03/2002 67 FR 15856 04/5/2002 67 FR 16492 05/28/2002 67 FR 37108 Cyanea hamatiflora ssp. hamatiflora ...... 12/18/2002 65 FR 79192 NA NA 04/03/2002 67 FR 15856 Cyanea lobata ...... 12/18/2000 65 FR 79192 NA NA 03/04/2002 67 FR 9806 04/03/2002 67 FR 15856 Cyanea mceldowneyi ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 Cyrtandra munroi ...... 12/18/2000 65 FR 79192 NA NA 12/27/2000 65 FR 82086 03/04/2002 67 FR 9806 04/03/2002 67 FR 15856 Delissea undulata ...... 11/07/2000 65 FR 66808 02/27/03 68 FR 9116 01/28/2002 67 FR 3940 05/28/2002 67 FR 36968 Diellia erecta ...... 12/18/2000 65 FR 79192 02/27/03 68 FR 9116 12/29/2000 65 FR 83158 03/18/03 68 FR 12982 01/28/2002 67 FR 3940 03/04/2002 67 FR 9806 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 05/28/2002 67 FR 36968 05/28/2002 67 FR 37108 Diplazium molokaiense ...... 12/18/2000 65 FR 79192 02/27/03 68 FR 9116 01/28/2002 67 FR 3940 03/18/03 68 FR 12982 03/04/2002 67 FR 9806 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 05/28/2002 67 FR 37108 Dubautia plantaginea ssp. humilis ...... 12/18/2000 65 FR 79192 NA NA 04/04/2002 67 FR 15856 Flueggea neowawraea ...... 11/07/2000 65 FR 66808 02/27/03 68 FR 9116 12/18/2000 65 FR 79192 03/18/03 68 FR 12982 01/28/2002 67 FR 3940 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 05/28/2002 67 FR 36968 05/28/2002 67 FR 37108
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TABLE 3((b).—SUMMARY OF PREVIOUS CRITICAL HABITAT ACTIONS FOR 70 PLANT SPECIES FROM MAUI AND KAHOOLAWE—Continued
Proposed critical habitat Final critical habitat prior to publication of this rule Species Date(s) Federal Federal Register Date(s) Register
Geranium arboreum ...... 12/18/2000 65 FR 79192 NA NA 04/04/2002 67 FR 15856 Geranium multiflorum ...... 12/18/2000 65 FR 79192 NA NA 04/04/2002 67 FR 15856 Gouania vitifolia ...... 04/03/2002 67 FR 15856 NA NA 05/28/2002 67 FR 36968 05/28/2002 67 FR 37108 Hedyotis coriacea ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 05/28/2002 67 FR 36968 05/28/2002 67 FR 37108 Hedyotis mannii ...... 12/18/2000 65 FR 79192 NA NA 12/27/2000 65 FR 82086 12/29/2000 65 FR 83158 03/04/2002 67 FR 9806 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 Hesperomannia arborescens ...... 12/18/2000 65 FR 79192 03/18/03 68 FR 12982 12/29/2000 65 FR 83158 03/04/2002 67 FR 9806 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 05/28/2002 67 FR 37108 Hesperomannia arbuscula ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 05/28/2002 67 FR 37108 Hibiscus brackenridgei ...... 12/18/2000 65 FR 79192 02/27/03 68 FR 9116 12/27/2000 65 FR 82086 03/18/03 68 FR 12982 03/04/2002 67 FR 9806 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 05/28/2002 67 FR 36968 05/28/2002 67 FR 37108 Ischaemum byrone ...... 12/18/2000 65 FR 79192 02/27/03 68 FR 9116 12/29/2000 65 FR 83157 03/18/03 68 FR 12982 01/28/2002 67 FR 3940 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 05/28/2002 67 FR 36968 Isodendrion pyrifolium ...... 01/28/2002 67 FR 3940 03/18/03 68 FR 12982 03/04/2002 67 FR 9806 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 05/28/2002 67 FR 36968 05/28/2002 67 FR 37108 Kanaloa kahoolawensis ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 Lipochaeta kamolensis ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 Lysimachia lydgatei ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 Mariscus pennatiformis ...... 12/18/2000 65 FR 79192 02/27/03 68 FR 9116 01/28/2002 67 FR 3940 04/03/2002 67 FR 15856 05/14/2002 67 FR 34522 05/28/2002 67 FR 37108 Melicope adscendens ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 Melicope balloui ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 Melicope knudsenii ...... 11/07/2000 65 FR 66808 02/27/03 68 FR 9116 12/18/2000 65 FR 79192 01/28/2002 67 FR 3940 04/03/2002 67 FR 15856
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TABLE 3((b).—SUMMARY OF PREVIOUS CRITICAL HABITAT ACTIONS FOR 70 PLANT SPECIES FROM MAUI AND KAHOOLAWE—Continued
Proposed critical habitat Final critical habitat prior to publication of this rule Species Date(s) Federal Federal Register Date(s) Register
Melicope mucronulata ...... 12/18/2000 65 FR 79192 03/18/03 68 FR 12982 12/29/2000 65 FR 83158 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 Melicope ovalis ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 Neraudia sericea ...... 12/18/2000 65 FR 79192 03/18/03 68 FR 12982 12/29/2000 65 FR 83158 03/04/2002 67 FR 9806 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 Nototrichium humile ...... 04/03/2002 66 FR 79192 NA NA 05/28/2002 67 FR 37108 Peucedanum sandwicense ...... 11/07/2000 65 FR 66808 02/27/03 68 FR 9116 12/18/2000 65 FR 79192 03/18/03 68 FR 12982 12/29/2000 65 FR 83158 01/28/2002 67 FR 3940 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 05/28/2002 67 FR 37108 Phlegmariurus mannii ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 Phyllostegia mannii ...... 04/03/2002 67 FR 15856 03/18/03 68 FR 12982 04/05/2002 67 FR 16492 Phyllostegia mollis ...... 12/18/2000 65 FR 79192 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 05/28/2002 67 FR 37108 Phyllostegia parviflora ...... 05/28/2002 67 FR 37108 NA NA Plantago princeps ...... 11/07/2000 65 FR 66808 02/27/03 68 FR 9116 12/18/2000 65 FR 79192 03/18/03 68 FR 12982 12/29/2000 65 FR 83158 01/28/2002 67 FR 3940 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 05/28/2002 67 FR 37108 Platanthera holochila ...... 11/07/2000 65 FR 66808 02/27/03 68 FR 9116 12/18/2000 65 FR 79192 12/29/2000 65 FR 83158 01/28/2002 67 FR 3940 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 05/28/2002 67 FR 37108 Pteris lidgatei ...... 12/18/2000 65 FR 79192 03/18/03 68 FR 12982 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 05/28/2002 67 FR 37108 Remya mauiensis ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 Sanicula purpurea ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 05/28/2002 67 FR 37108 Schiedea haleakalensis ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 Schiedea hookeri ...... 05/28/2002 67 FR 37108 NA NA Schiedea nuttallii ...... 12/29/2000 65 FR 83158 03/18/03 68 FR 12982 04/05/2002 67 FR 16492 Sesbania tomentosa ...... 11/07/2000 65 FR 66808 02/27/03 68 FR 9116 12/18/2000 65 FR 79192 03/18/03 68 FR 12982 12/29/2000 65 FR 83158 01/28/2002 67 FR 3940 03/04/2002 67 FR 9806 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 05/14/2002 67 FR 34522 05/28/2002 67 FR 36968 05/28/2002 67 FR 37108
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TABLE 3((b).—SUMMARY OF PREVIOUS CRITICAL HABITAT ACTIONS FOR 70 PLANT SPECIES FROM MAUI AND KAHOOLAWE—Continued
Proposed critical habitat Final critical habitat prior to publication of this rule Species Date(s) Federal Federal Register Date(s) Register
Solanum incompletum ...... 01/28/2002 67 FR 3940 03/18/03 68 FR 12982 04/05/2002 67 FR 16492 Spermolepis hawaiiensis ...... 11/07/2000 65 FR 66808 02/27/03 68 FR 9116 12/18/2000 65 FR 79192 03/18/03 68 FR 12982 12/27/2000 65 FR 82086 12/29/2000 65 FR 83158 01/28/2002 67 FR 3940 03/04/2002 67 FR 9806 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 05/28/2002 67 FR 36968 05/28/2002 67 FR 37108 Tetramolopium arenarium ...... 05/28/2002 67 FR 36968 NA NA Tetramolopium capillare ...... 12/18/2000 65 FR 79192 NA NA 04/03/2002 67 FR 15856 Tetramolopium remyi ...... 12/27/2000 65 FR 79192 01/09/03 68 FR 1220 04/04/2002 67 FR 15856 03/04/2002 67 FR 9806 Vigna o-wahuensis ...... 12/18/2000 65 FR 79192 02/27/03 68 FR 9116 12/27/2000 65 FR 82086 12/29/2000 65 FR 83158 01/28/2002 67 FR 3940 03/04/2002 67 FR 9806 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 05/28/2002 67 FR 36968 05/28/2002 67 FR 37108 Zanthoxylum hawaiiense ...... 11/07/2000 65 FR 66808 02/27/03 68 FR 9116 12/18/2000 65 FR 79192 03/18/03 68 FR 12982 12/29/2000 65 FR 83158 01/28/2000 67 FR 3940 04/03/2002 67 FR 15856 04/05/2002 67 FR 16492 05/28/2002 67 FR 36968
Summary of Comments and comments were grouped into ten summarized in the following section Recommendations general issues relating specifically to the and were considered in developing the We received a total of seven oral and proposed critical habitat designations final rule. 2,779 written comments during the and the draft economic analysis on the proposed designations. These are Issue 1: Species-Specific Biological three comment periods on the revised Comments proposal published on April 3, 2002, addressed in the following summary. and the draft economic analysis, Peer Review (1) Comment: A peer reviewer noted including the public hearing held on that unit Maui I3 excludes two small September 12, 2002, and the public In accordance with our policy DOFAW exclosures and an unprotected meetings held on August 27, 2002 and published on July 1, 1994 (59 FR area containing good populations of September 26, 2002. These included 34270), we solicited independent Geranium arboreum. Critical habitat responses from eight State offices, four opinions from 19 knowledgeable should be expanded to include these local agencies, and 39 private individuals with expertise in one or populations. organizations or individuals. Of the several fields, including familiarity with written comments, approximately 2,728 the species, familiarity with the Our Response: While the habitat letters were submitted by facsimile or by geographic region that the species noted above may be important for the e-mail, as part of mailing campaign, all occurs in, and familiarity with the recovery of the species, not all suitable in support of the proposed critical principles of conservation biology. We habitat (including occupied) is essential habitat designations. Of the other 51 received comments from seven to the conservation of the species. At the comments, 21 supported the reviewers. One reviewer expressed time we proposed critical habitat on designation, 28 were opposed to it, and support for the proposed critical habitat Maui, we were not aware of these two provided information or declined to designations. The other six reviewers exclosures, and we had identified and oppose or support the designations. We generally supported our methodology proposed other sites that (1) contain the reviewed all comments received for and conclusion, but none expressed primary constituent elements that are substantive issues and new information support or opposition for the proposed essential to the conservation of the regarding critical habitat for the Maui critical habitat designations. Comments species, (2) are within the species’ and Kahoolawe plants. Similar received from the peer reviewers are historical range, and (3) accommodate
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our recovery goals of 8 to 10 Lipochaeta kamolensis, and Sesbania trees were last sighted in 1910. No other populations for Geranium arboreum. tomentosa might hybridize with other populations of this tree were (2) Comment: One commentor stated members of their families. It is possible documented. However, the Service that the ‘‘best scientific data available at that such unnatural hybridization could recommends that four new populations this time’’ does not support the areas lead to further endangerment of the be established, even as far away as being proposed for Vigna o-wahuensis species while inducing the Kaupo. In the case of M. adscendens, on Kahoolawe. The proposed areas for endangerment of other species. the Service stated that within historic this plant are based on a single Our Response: Hybridization presents times, this species has apparently observation at each of two different potential problems with species always been extremely rare. Restoring sites. Repeated surveys in these areas by recovery. To the maximum extent any plant or animal beyond their plant specialists over the last 5 years possible, we separated critical habitat of historical numbers and or geographical have yet to confirm the presence of species that potentially had distribution is not the intent of the Act. Vigna at these sites. However, the Navy hybridization potential. In addition, Our Response: Alectryon commented that the area excluded from issues of hybridization and other macrococcus var. auwahiensis trees critical habitat perhaps merits technical questions will be addressed in were reported from the area as recently reconsideration because Vigna o- project specific recovery planning as 1990 and 1999. However, Ulupalakua wahuensis has appeared in the Lua actions. Ranch has been excluded from critical Makika area on Kahoolawe that was (5) Comment: In the case of habitat designation under section previously the subject of a planned Phyllostegia mollis, it appears that the 4(b)(2), which states that critical habitat burn. That fact supports the conclusion Service is unsure for which species it is may be excluded if the benefits of not that fire apparently does not adversely designating critical habitat. In the 1998 designating outweigh the benefits of affect the constituent elements for recovery plan for this species, the designating critical habitat. We were Vigna. Service states, ‘‘the Maui population also able to locate other sites for A. m. Our Response: We have reevaluated may be separated into its own species.’’ var. auwahiensis that (1) contain the the proposed designation of critical Critical habitat designation cannot be primary constituent elements that are habitat for Vigna o-wahuensis on made for a plant or animal for which the essential to the conservation of the Kahoolawe in response to additional science is so scant that more harm may species, (2) are within the species’ information received during the come to the species by the designation. historical range, and (3) accommodate comment periods. Critical habitat was Our Response: At the time the our recovery goals of 8 to 10 not designated for Vigna o-wahuensis recovery plan was completed for populations. on Kahoolawe because there is some Phyllostegia mollis, the Service (7) Comment: One peer reviewer and question about the location of the earlier acknowledged that the Maui population many commenters did not support the observations and because we were able may warrant recognition as a separate Service’s conclusion that Acaena exigua to locate other sites that (1) contain the species, based on a personal would not benefit from critical habitat primary constituent elements that are communication from Joel Lau, a botanist designation. These commenters pointed essential to the conservation of the with the Hawaii Natural Heritage out that the fact that Acaena has not species, (2) are within the species’ Program. In 1999, a taxonomic revision been sighted since 1999 (only three historical range, and (3) accommodate of the species was published by Dr. years ago) does not justify the Service’s our recovery goals of 8 to 10 Warren L. Wagner in which the Oahu refusal to protect its critical habitat, as populations. populations were recognized as it is common for biologists in Hawaii to (3) Comment: One peer reviewer Phyllostegia mollis and the Maui rediscover plants that have not been noted that reducing the amount of populations were assigned to P. pilosa. seen for decades. Some also felt that the designated critical habitat for Hibiscus Due to the court-ordered deadlines, we decision was based on a faulty brackenridgei on West Maui and Lanai, are required to publish this final rule to interpretation of the Act’s direction to because it occurs on more than one designate critical habitat on Maui and designate critical habitat ‘‘to the island, might adversely affect the Kahoolawe before we can prepare and maximum extent prudent.’’ In enacting retention of the genetic diversity needed publish a notice of taxonomic changes this language, according to these for recovery. The diversity of East for this species. We plan to publish a commenters, Congress clearly intended versus West Maui populations will not taxonomic change notice for that the Service would designate critical be retained if unit Maui D1 is reduced Phyllostegia mollis after we have habitat in all but the rare instances in or removed. The Lanai prostrate form of published the final critical habitat which designation would actually the species is distinct from all other designations on Maui and Kahoolawe. increase threats to listed species from populations and should be conserved as We do not believe that the designation overcollecting or vandalism, or a distinct recovery unit. of critical habitat for Phyllostegia mollis otherwise affirmatively harm the Our Response: We have retained our will entail harm to the species. Federal species. The Service cannot refuse to proposed designation of critical habitat agencies are required to consult with the designate critical habitat merely because for Hibiscus brackenridgei on Maui in Service regarding any action they may it cannot come up with examples of this final rule. Because the Lanai fund, authorize, or permit that may how critical habitat would benefit this populations are not considered by affect a listed species or designated species. Absent a finding that taxonomists to be a distinct subspecies, critical habitat. The consultation designation would actually harm and therefore were not listed as such, process results in conservation benefits Acaena exigua in some concrete way, we cannot consider them as separate to the species, not in harmful actions to the Service must designate its critical from the Maui taxon. However, if the the species. habitat. Furthermore, if the Service taxonomy is revised and the scientific (6) Comment: One commenter believes this species is extinct, it must community approves such revision, we expressed concern about the designation follow the procedures set forth in the will consider the new information with of critical habitat for Alectryon ESA for delisting species. As long as regard to critical habitat. macrococcus var. auwahiensis and this species remains on the endangered (4) Comment: One commenter was Melicope adscendens on Ulupalakua species list, the Service cannot lawfully concerned that Bidens micrantha, Ranch. Forty A. m. var. auwahiensis deny it the habitat protection that
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Congress intended that all listed species relatively conservative 8–10 viable populations of listed species: (1) enjoy. populations for the recovery objectives Creation or maintenance of multiple Our Response: We continue to believe for each species in the recovery plans. populations so that a single or series of that it would not be prudent to Establishing and conserving 8 to10 catastrophic events cannot destroy the designate critical habitat for Acaena viable populations on one or more entire listed species, and (2) increasing exigua. It has not been seen in the wild islands within the historic range of the the size of each population in the since March 2000 (Hank Oppenheimer, species will provide each species with respective critical habitat units to a level Maui Pineapple Company Limited, pers. a reasonable expectation of persistence where the threats of genetic, comm., 2001; Service 1997; 57 FR and eventual recovery, even with the demographic, and normal 20772) and is not known to be in storage high potential that one or more of these environmental uncertainties are or under propagation. Given these populations will be eliminated by diminished. In addition, we used a GIS circumstances, we have determined that normal or random adverse events, such model that evaluated known current designation of critical habitat for as the hurricanes that occurred in 1982 and historic range, elevation, rainfall, Acaena exigua is not prudent because and 1992 on Kauai, fires, and nonnative and vegetation units to determine such designation would not be plant invasions (HPPRCC 1994; Luijten potential habitat for each species. Using beneficial to the species. If this species et. al. 2000; Mangel and Tier 1994; this information plus information from is rediscovered, we may reconsider Pimm et. al. 1998; Stacey and Taper existing historically known plant designating critical habitat for this 1992). We conclude that designation of locations and advice from species species as new information becomes adequate suitable habitat for 8 to 10 experts, we modeled the potentially available. See 16 U.S.C. 1532(5)(B); 50 populations as critical habitat is suitable habitat for each species. The CFR 424.13(f). essential to give the species a reasonable critical habitat designated is a subset of Issue 2: Biological Justification and likelihood of long-term survival and suitable potential habitat that was Methodology recovery, based on currently available determined to be essential to the information. conservation of each species (see the (8) Comment: One peer reviewer was (9) Comment: Areas that are excluded ‘‘Methods’’ section for more detail). concerned about the number of from proposed critical habitat should be (11) Comment: One peer reviewer populations needed for recovery. The identified and mapped in the proposed commented that fencing and control of expert opinion of the Hawaii Pacific and final rule to allow reviewers to fully ungulates is critical to the success of a Plant Recovery Coordinating Committee evaluate how well the proposal provides plant restoration program. One (HPPRCC) is that 10 to 20 viable for listed species. commenter was concerned that there is populations are needed for recovery. Our Response: Although we have not a lack of solid scientific evidence on the How did the Service determine that 8 to mapped the areas excluded from critical relationship between introduced 10 populations were all that should be habitat, textual descriptions of the areas ungulates (in particular, cattle), required? While 8 to 10 populations excluded can be found in the section nonnative plants, and native may be sufficient for the recovery of titled ‘‘Summary of Changes from the ecosystems. In the recovery plan for long-lived species, it may be insufficient Revised Proposed Rule and Analysis of Lipochaeta kamolensis, the Service for ephemeral annuals or certain ferns Impacts Under Section 4(b)(2).’’ appears to concur that more research on or species with unique island variants. (10) Comment: One peer reviewer the relationship between managed The target number of populations stated that the Service did not identify ungulates and native plants needs to be should be revisited on a species-by- explicit modeling efforts that provide examined. In the Recovery Plan for the species basis. Another peer reviewer clear guidance for Hawaiian species. If Maui Plant Cluster, the Service states, commented that the proposed rule was available, these models should be ‘‘Portions of the populations should be improved by the use of targets of 8 to evaluated and included in the Service’s left unfenced until the effects of 10 populations ranging in size from 100 methodology to determine future critical protection from grazing and browsing to 500 mature individuals, unless habitat designations. Models of the are fully known.’’ Because the science information that is more specific was population dynamics of understory on how to best protect these plants is available (e.g., Argyroxiphium plants in tropical forests, focusing on not certain, the designation of critical sandwicense ssp. macrocephalum). environmental variation caused by habitat may have a negative, rather than However, these targets are generally natural disturbance and plant-animal positive impact. lower than those used by the HPPRCC interactions, do exist. Our Response: We believe that it is and should be considered the ‘‘low end’’ Our Response: The lack of detailed important to control threats to the of what is needed for recovery. scientific data on the life history of survival and recovery of federally listed Our Response: In defining the these plant species makes it impossible species and have received numerous procedures used to delineate essential for us to develop a robust quantitative sources of information demonstrating habitat areas the HPPRCC agreed that model (e.g., population viability that nonnative ungulates are a threat to ‘‘the minimum target for each species analysis) to identify the optimal the listed plant species as can be seen was to have habitat for at least 10 number, size, and location of critical in the discussion of each species’ potential populations for each species habitat units to achieve recovery. At this background in the ‘‘Discussion of Plant that was found on a single island and time, and consistent with the listing of Taxa’’ and ‘‘Analysis of Impacts Under have habitat for at least 5 potential these species and their recovery plans, Section 4(b)(2): Other Impacts’’ sections populations on each island for species the best available information leads us of this final rule. However, critical that occurred on two or more islands. to conclude that the current size and habitat is only one of many tools The maximum number of target distribution of the extant populations established in the Act that can play an populations was set at 20 potential are not sufficient to expect a reasonable important role in the recovery of the populations.’’ However, in defining probability of long-term survival and species. Critical habitat designation generalized recovery objectives for recovery of these plant species. does not create a wilderness area, Hawaiian plants, the committee Therefore, our approach employed two preserve, or wildlife refuge. It does not recommended 5–10 populations for widely recognized and scientifically require activities associated with delisting. The Service adopted a accepted goals for promoting viable conservation management such as
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ungulate control and fencing. Critical freycinetianum var. lanaiense; and restoration; within a partnership, NAR, habitat increases protection of federally Scaevola coriacea. or TNCH preserve; or on a refuge. listed species by requiring consultation Our Response: These species were not No critical habitat units in the under section 7 of the Act to ensure that part of the lawsuit (see ‘‘Previous proposed rule were excluded or any action authorized, funded, or Federal Action’’ section) and modified due to economic impacts. carried out by a Federal agency is not subsequent stipulations, and therefore However, section 4(b)(2) of the Act likely to result in the destruction or were not included in this rulemaking. requires us to consider other relevant adverse modification of the critical Critical habitat for these species may be impacts, in addition to economic habitat. The management of nonnative considered in the future if warranted impacts, of designating critical habitat. species is an important conservation and funding and resources are available. An area may be excluded from issue that is addressed in the recovery (14) Comment: Peer reviewers and designation as critical habitat if the plans for these species. other commenters wrote that the Secretary determines the benefits of (12) Comment: One peer reviewer amount, location, and type of land excluding the area outweigh the benefits stated that degraded areas should only proposed for critical habitat appears to of designating the area as critical habitat be excluded if they lack the ability to be mostly adequate for the long-term (and provided the exclusion would not become habitat in the future. Another conservation of these species. In order result in the extinction of the species). peer reviewer felt that, in some to build self-sustaining populations, We have removed the two TNCH Maui situations, populations in degraded adequate land for expansion is required, Preserves, the State’s Hanawi NAR, habitat might be critical to the viability and most peer reviewers supported Maui Land and Pineapple Company, of the overall populations. Other peer inclusion of larger amounts of land. One Inc.’s (ML&P) Puu Kukui Watershed reviewers commented that degraded peer reviewer believes that removing Management Area (WMA), and habitat should be considered secondary significant portions of any of the Ulupalakua and Haleakala Ranches from only if adequate non-degraded habitat is proposed critical habitat units is likely final critical habitat designation based available and designated. Many peer to prevent the recovery of, or lead to the upon either their conservation history or reviewers were optimistic about the extinction of, listed species. One peer the relevant issue that designation of potential for degraded areas to be reviewer felt that the boundaries appear critical habitat would have a negative restored. One peer reviewer suggested to be set by landowner parcels and not effect on the landowner’s voluntary that sites significantly altered by human based upon the habitat features required ongoing conservation activities as well activities, such as roads and buildings, for protection, especially units Maui H as future activities under consideration should not be included in conservation and L. Other commenters questioned by the landowner. In both cases, we plans, but that areas that have been the methodology that led to the increase believe it is in the best interest of the altered by agriculture and other in proposed critical habitat from 33,614 species to exclude habitat from the activities that do not significantly acres (13,574) in the original proposal to designation based on their conservation disturb the soil should be included as 126,531 acres (51,208 ha) in the revised actions. See ‘‘Analysis of Impacts Under they provide potential sites for proposal. These commenters believe the Section 4(b)(2): Other Impacts’’. restoration of plant species. Other proposed critical habitat units are larger The land area in the second proposal commenters objected to critical habitat than necessary. The Service should of critical habitat was increased from designation in degraded areas. work to ensure that (1) areas designated the first proposal caused by the Our Response: We agree that recovery as critical habitat are ‘‘essential for the Service’s decision to include of a species is more likely in designated conservation of the species’’, and that unoccupied habitat. To recover the critical habitat in the least degraded (2) ‘‘critical habitat does not include the species, it is essential in some instances areas containing primary constituent entire geographical area which can be to conserve suitable habitat that is not elements. During our evaluation of areas occupied by the threatened or currently occupied to allow for the essential for the conservation of the endangered species’’ 16 U.S.C. establishment of additional populations species we tried to select the least 1532(5)(C). through natural recruitment or managed degraded areas where possible because Our Response: We made revisions to reintroductions. Establishment of these areas are most essential. However, the unit boundaries based on additional populations will increase the for some species, especially those only information supplied by commenters, as likelihood that the species will survive known from low-elevation areas, only well as information gained from field and recover in the face of normal and degraded habitat remains. Therefore, visits to some of the sites, that indicated stochastic events (e.g., hurricanes, fire, some units still contain degraded that the primary constituent elements and nonnative species introductions). habitat, but only if the area could be were not present in certain portions of (15) Comment: The majority of our restored. Management for the restoration proposed units, that certain changes in peer reviewers agreed that the of these habitats is addressed in the land use had occurred on lands within methodology used to define critical species’ recovery plans. the proposed critical habitat that would habitat is appropriate, scientifically well (13) Comment: The proposed preclude those areas from supporting grounded, and conceptually sound. The designation failed to contain all the primary constituent elements, or proposed rule represents the best historically known listed plants, and that the areas were not essential to the scientific information available and the therefore failed to propose critical conservation of the species in question. most scientifically appropriate habitat for all listed plants statewide. In many cases, critical habitat techniques for determining critical The following endangered plant species boundaries were reduced for multi- habitat on Maui. On the other hand, lack proposed critical habitat on Maui island species because we have some commenters felt that the Service’s and Kahoolawe: Abutilon menziesii; identified adequate and more approach to designating critical habitat Argyroxiphium sandwicense ssp. appropriate habitat on other islands was not based on scientific principles sandwicense; Abutilon menziesii; within the historical range in at least and knowledge of the needs of the plant Caesalpinia kaviensis; Gardenia eight other places that have more species. The proposed rule brighamii; Haplostachys haplostachya; primary constituent elements or are less acknowledges that little is known about Panicum fauriei var. carteri; Santalum degraded; already undergoing the life history, threats, or preferred
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habitat of particular species and applies and intended for a wide variety of land appears that the Service has designated a ‘‘broad-brush’’ approach. use activities. As such, there is a much unoccupied habitat largely based on Our Response: In accordance with our greater likelihood that critical habitat guesswork and the faulty conclusion policy on peer review published on July designation will have an adverse that any areas that appear, based on 1, 1994 (59 FR 34270), we solicited the economic impact on the landowner. limited biological knowledge to be expert opinions of appropriate and These commenters recommend the potentially suitable habitat for these independent specialists regarding the following rebuttable presumption: non- species (i.e., ‘‘merely capable of proposed rule. The purpose of this peer conservation lands which are supporting’’ these species), are by review was to ensure that our unoccupied by any listed species should default essential habitat. This methodology for designation of critical not be designated as critical habitat conclusion is not consistent with the habitat of Maui plants was based on Our Response: Our recovery plans for provisions in the Act. scientifically sound data, assumptions, these species identify the need to Our Response: As explained in the and analysis. The majority of peer expand existing populations and Methods section of this rule, we used reviewers support our methodology. All reestablish wild populations within the the best scientific information available data and information on species status historical range. Because of the very to determine areas that contain the information received in preparation of limited current range of many of these physical and biological features that are this rule were weighted equally and species, designating only occupied areas essential for the conservation of the considered to come from reliable would not meet the conservation species covered by this designation. sources. Where discrepancies existed requirements of the species and would This information included the known between different data sources, the most be inconsistent with our recovery plans. locations, site-specific species current data were used. While we agree Occupied areas, as well as the similar information from the HINHP database that additional time would be beneficial habitat around them within the and our own rare plant database; species for the preparation of these final rules, designated units of critical habitat that information from the Center for Plant and the collection of more scientific may be occupied in the future, provide Conservation’s (CPC’s) rare plant information, we are required under the the essential life-cycle needs of the monitoring database housed at the court-approved stipulation to finalize species and provide some or all of the University of Hawaii’s Lyon Arboretum; this designation by April 18, 2003. If habitat components essential for the island-wide Geographic Information provided with new information, we may conservation (primary constituent System (GIS) coverages (e.g., vegetation, revise the critical habitat designation in elements) of these species. Expansion of soils, annual rainfall, elevation the future. some of these species to areas that were contours, land ownership); the final (16) Comment: Peer reviewers likely to have been historically occupied listing rules for these 60 species; the commented that a multi-population is essential to their recovery. December 18, 2000, proposal; the April approach is essential for the survival When designating unoccupied habitat 3, 2002, revised proposal; information and recovery of listed Hawaiian plant for these species, we first evaluated received during the public comment species. Multiple populations prevent lands that are suitable for each species. periods and the public hearings; recent small-scale changes in habitat from Of this suitable habitat, we determined biological surveys and reports; our destroying all remaining individuals. which areas are essential for the recovery plans for these species; and The multiple population approach conservation of each species using the any species and management offers the opportunity to protect a wider guidelines outlined in the recovery information received for the islands of range of genetic variability for each plans (i.e., areas that contain one or Maui and Kahoolawe; discussions with species, rather than concentrating on a more of the primary constituent botanical experts; and recommendations single or small number of areas with elements and are either in good from the Hawaii and Pacific Plant genetically similar individuals. The condition for recovery efforts or could Recovery Coordinating Committee Service has designated enough land to be made suitable through appropriate (HPPRCC) (see also the discussion provide for the long-term conservation management actions), and would below) (GDSI 2000; HINHP Database of multiple populations of the listed provide space needed by the species to 2000; HPPRCC 1998; Service 1995a, species. reach our recovery goals of 8 to 10 1995b, 1996a, 1996b, 1997, 1998a, Our Response: We agree that the populations with a minimum of 100 1998b, 1999, 2001; 65 FR 66808; 67 FR multi-population approach to mature reproducing individuals per 3940; CPC in litt. 1999). conservation is necessary for the population for long-lived perennials, In 1994, the HPPRCC initiated an recovery of Hawaii’s endangered plants. 300 mature reproducing individuals per effort to identify and map habitat it (17) Comment: One peer reviewer and population for short-lived perennials, believed to be important for the other commenters stated that the and 500 mature reproducing individuals recovery of 282 endangered and proposed rule is improved by the per population for annuals. threatened Hawaiian plant species. The inclusion of appropriate unoccupied Areas that contain one or more of the HPPRCC identified these areas on most habitat because such habitat will help to primary constituent elements, are either of the islands in the Hawaiian chain, recover species that have been reduced in good condition for recovery efforts or and in 1999, we published them in our to an unsustainable number of could be made suitable through Recovery Plan for the Multi-Island populations. appropriate management actions, and Plants (Service 1999). The HPPRCC Our Response: We agree. Our recovery would provide space needed by the expects that there will be subsequent plans for these species identify the need species to reach our recovery goals of 8 efforts to further refine the locations of to expand existing populations and to 10 populations with a minimum important habitat areas and that new reestablish wild populations within number of mature reproducing survey information or research may also historic range. individuals as specified above, were lead to additional refinement of (18) Comment: Several commenters determined to be essential for the identifying and mapping of habitat opposed designating critical habitat in conservation of each species, regardless important for the recovery of these unoccupied areas. Two commenters of land-use zoning. species. wrote that lands in urban, agricultural, (19) Comment: Proposed critical The HPPRCC identified essential and rural districts are designated, used, habitat includes unoccupied habitat. It habitat areas for all listed, proposed,
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and candidate plants and evaluated degraded, contain a better have easily identifiable boundaries. species of concern to determine if these representation of the primary Why was an area almost encircled by essential habitat areas would provide for constituent elements that are essential unit Maui H excluded? This area their habitat needs. However, the to the conservation of the species, are appears to be part of the Kahikinui HPPRCC’s mapping of habitat was within the species’ historical ranges, Forest Reserve with current populations distinct from the regulatory designation and accommodate our recovery goals of of Bidens micrantha ssp. kalealaha, of critical habitat as defined by the Act. 8 to 10 populations. Clermontia lindseyana, Diellia erecta, In addition, data have been collected (22) Comment: KIRC commented that, Diplazium molokaiense and since the recommendations made by the while we support the mission of the Phyllostegia mollis. If the Kahikinui area HPPRCC in 1998. Much of the area that Service and the extraordinary efforts it is not managed appropriately, adequate was identified by the HPPRCC as is taking to protect endangered plants, habitat for the above-mentioned species inadequately surveyed has now been the KIRC feels it is unnecessary to might not exist. Another peer reviewer surveyed to some degree. New location establish critical habitat for the listed questions the exclusion of the Waiopae- data for many species have been taxa on Kahoolawe because of ongoing Wailaulau-Pahihi area from unit Maui H gathered. Also, the HPPRCC identified management for endangered species on because it contains occurrences for two areas as essential based on species the island by KIRC. In addition, because to three plant species and is DOFAW clusters (areas that included listed Kahoolawe is already a permanent land slated and funded for fencing, species as well as candidate species, natural and cultural reserve and a restoration, and removal of cattle. It is and species of concern) while we have National Historic Site, it is already crucial to include this parcel. only delineated areas that are essential bound by a set of Federal and State rules Our Response: We evaluated the for the conservation of the specific for careful stewardship and does not Kahikinui area and determined that it listed species at issue. As a result, the require an additional layer of protection. was not essential for the conservation of critical habitat designations in this rule Further, two of the proposed plants, the species because critical habitat was include not only some habitat that was Hibiscus brackenridgei and Neraudia designated elsewhere for these species identified as essential in the 1998 sericea, have not been seen in over 90 that is less degraded and contains a recommendations but also habitat that years, although biological consultants better representation of the primary was not identified as essential in those continue to survey their historical constituent elements that are essential recommendations. locations. to the conservation of the species, are Our Response: We did not designate within their historical ranges, and Issue 3: Site-Specific Biological critical habitat for Hibiscus accommodates our recovery goals of 8 to Comments brackenridgei and Neraudia sericea on 10 populations. (20) Comment: One peer reviewer was Kahoolawe because we were able to concerned about the lower elevation wet locate other sites that contain the Issue 4: Effects of Critical Habitat forests on windward Haleakala because primary constituent elements that are Designation Hanawi NAR is expected to be fenced essential to the conservation of the (24) Comment: One commenter only above 1,000 meters in elevation. species, are within their historical suggested that critical habitat Cyanea mceldowneyi, Cyanea ranges, and accommodate our recovery designation presents an opportunity to copelandii, and Clermontia samuelii goals of 8 to 10 populations. The expand Hawaii’s appeal in ecotourism. may rely on habitat lower than 1,000 footprint of critical habitat on Many of the areas covered by the meters in elevation. Kahoolawe is greatly reduced, although designation are degraded forests that Our Response: While the habitat it remains designated for Kanaloa could be restored to showcase Hawaii’s lower than 1,000 m (3,281 ft) in kahoolawensis, as Kahoolawe has the unique birds and plants. elevation may be important for the only suitable habitat for this species Our Response: Although we agree that conservation of these species, we do not identified by our species experts. the restoration of degraded forests is believe that this habitat contains the Designations of critical habitat are to be essential to the conservation of federally primary constituent elements for made on the basis of the best scientific listed species, critical habitat is only Cyanea mceldowneyi, Cyanea and commercial data available, after one of many tools established in the Act copelandii, and Clermontia samuelii. taking into account the economic and that can play an important role in the Therefore, we did not find this area to other relevant impacts of specifying any recovery of the species. Critical habitat be essential to the conservation of these area as critical habitat (16 U.S.C. designation does not create a wilderness three species. 1533(b)(2)). An area may be excluded area, preserve, or wildlife refuge. It does (21) Comment: The boundaries of from designation as critical habitat if the not require activities associated with units Maui A and B should be relocated Secretary determines the benefits of conservation management, such as to follow existing conservation excluding the area outweigh the benefits ungulate control and fencing. Critical boundaries. The boundaries of units C1 of designating the area as critical habitat habitat increases protection of federally and C2 should be refined to reflect that (and provided the exclusion would not listed species by requiring consultation the appropriate habitat of the species of result in the extinction of the species). under section 7 of the Act to ensure that concern is sea cliffs within the spray However, because this is the last known any action authorized, funded, or zone. It should be clarified that units occupied habitat for Kanaloa carried out by a Federal agency is not Maui C1 and C2 are unoccupied critical kahoolawensis, we do not believe that likely to result in the destruction or habitat for Centaurium sebaeoides and the benefits of excluding Kahoolawe adverse modification of the critical Sesbania tomentosa. outweigh the benefits of including it. habitat. Our Response: The boundaries of See ‘‘Analysis of Impacts Under Section (25) Comment: Animal Rights Hawaii units Maui A and B have been revised. 4(b)(2): Other Impacts’’. stated that although they support We are no longer proposing critical (23) Comment: One peer reviewer protection for endangered species, they habitat units Maui C1 and C2 for commented that the rationale for the are also concerned about protecting Centaurium sebaeoides and Sesbania configuration of unit Maui H is not nonnative species. The current tomentosa because we were able to clearly explained. In general, units interpretation of critical habitat allows locate other sites that were less should maximize interior areas and the Federal government and its partners
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to utilize any methodology they wish in government from carrying out activities proposed critical habitat during the dealing with feral animals, even though that destroy habitat or species in need public comment period. Possible and such methods may be cruel and of recovery and that it will benefit the planned projects by the DWS include environmentally unsound. people of Maui by preserving native water source development in Unit B2; Our Response: The designation of forests, thus preventing erosion that construction of a water reservoir critical habitat does not give the Federal pollutes water and smothers reefs. adjacent to Unit L; access and intake government and its partners the Our Response: Critical habitat improvements in Unit L; and repair and authority to utilize any methodology designation is one of a number of maintenance of existing flumes in Unit they wish in dealing with feral animals. conservation tools established in the Act L. As noted in this final rule, we have Any potential animal control program that can play an important role in the removed Unit B2 from the final would be subject to all applicable State, recovery of a species. For a Federal designation. Most of the identified DWS Federal, and local laws. action to adversely modify critical projects in Unit L involve repair and (26) Comment: Critical habitat habitat, the action would have to designation, and the underlying adversely affect the critical habitat’s maintenance of existing manmade decision to list as endangered the constituent elements or their features and structures, and as such, species that are the subject of the management in a manner likely to would not be subject to section 7 designation, exceed the constitutional appreciably diminish or preclude the consultation. However, to the extent limits of the Service’s delegated role of that habitat in the conservation that the planned improvements go authority. Congress enacted the ESA as of the species. Designation of critical beyond repair and maintenance and an exercise of its Commerce Clause habitat is a way to guide Federal would be subject to section 7 power and delegated exercise of that agencies in evaluating their actions, in consultation caused by Federal funding Commerce Clause power to the Service consultation with the Service, such that or permitting, the DEA’s estimate of zero to apply the ESA by regulation. The their actions do not hamper to two consultations reasonably reflects listed species are not interstate. They conservation of listed species. There the potential number of section 7 exist only in Hawaii and do not cross also are educational or informational consultations over the next 10 years (see state lines. Nor are they in commerce as benefits to the designation of critical Chapter VI, Section 3.k. of the DEA). As the subject of any economic endeavor. habitat. Education benefits include the a worst case scenario, the DEA estimates They lack any commercial value. notification of land owners, land that the consultations could cost up to Therefore, the Service’s regulations managers, and the general public of the $68,000 with project modifications that listing these species and designating importance of protecting the habitat of could range up to $200,000. critical habitat for them within Hawaii these species and dissemination of The State Department of Health exceed the Federal power to regulate information regarding their essential interstate commerce under the habitat requirements. Polluted Runoff Control Program and governing precedents interpreting the (28) Comment: One commenter stated the State Office of Planning, Coastal Commerce Clause. that the designation of critical habitat Zone Management Program work Our Response: The Federal may result in delays and confusion in together to address nonpoint source government has the authority under the water use decisions in the State and that pollution through outreach and Commerce Clause of the U.S. permits for non-point source discharges education and programs that utilize Constitution to protect species, for the into protected areas may be denied, incentives. Under the Coastal Zone Act reasons given in Judge Wald’s opinion which would have a devastating effect Reauthorization Amendments, Section and Judge Henderson’s concurring on agricultural activities. 6217, the State is required to meet opinion in National Association of Our Response: As noted in the various conditions for approval of the Homebuilders v. Babbitt, 130 F. 3d 1041 October 2002 Draft Economic Analysis State’s Coastal Nonpoint Pollution (D.C. Cir. 1997), cert. denied, 1185 S.Ct, (DEA), the likelihood of changes to the Control Program by the U.S. 2340 (1998). See also Gibbs v. Babbitt, existing water diversions based on Environmental Protection Agency. To No. 99–1218 (4th Cir. 2000). The Home critical habitat is very low for the meet these conditions, the State Builders case involved a challenge to following two reasons: (1) None of the Department of Health is developing application of ESA prohibitions to plants are stream-dependent for their administrative rules to create Statewide protect the listed Delhi Sands flower- survival and therefore would not cause enforceable policies and mechanisms to loving fly (Rhaphiomidas terminatus a reduction in water diversion, and (2) address nonpoint source pollution. abdominalis). As with the species at water infrastructure is considered a These draft rules are currently the issue here, the Delhi Sands flower- manmade feature and therefore would subject of public informational loving fly is endemic to only one state. not be included in critical habitat meetings. Public comments and Judge Wald held that application of the pursuant to the rule, because these suggestions received during these ESA to this fly was a proper exercise of features and structures normally do not meetings will be considered before final Commerce Clause power because it contain, and are not likely to develop, rules are drafted and proposed to the prevented loss of biodiversity and any primary constituent elements. Thus, Governor. destructive interstate competition. unless its operation and maintenance (27) Comment: Many commenters would indirectly affect critical habitat, At the present time, there is no permit questioned the utility of critical habitat which is not anticipated, it should not requirement for nonpoint source designation because it will not result in be affected by section 7 of the Act. pollution. Moreover, the proposed rules on-the-ground improvement of habitat The potential impacts on State water regarding nonpoint source pollution or endangered species. Most uses were analyzed in the October 2002 make no reference to either water commenters felt that voluntary DEA and December 2002 Addendum to quality standards or to critical habitat. partnerships to effect actual land the DEA. As noted in the DEA and Until the State administrative rules are management would be more beneficial Addendum, Maui County and finalized, the impact caused by the to the species. Conversely, some Department of Water Supply (DWS) interplay of nonpoint source pollution commenters pointed out that critical submitted specific information requirements and the designation of habitat will prevent the Federal regarding planned projects in the critical habitat is entirely speculative.
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Issue 5: Mapping and PCEs return of Kahoolawe to the State of carrying out funding or approving any (29) Comment: The State of Hawaii Hawaii and authorized Federal funding activity likely to result in adverse Department of Transportation (DOT) through November 2003. Therefore, modification or destruction of critical stated that the proposed designations critical habitat will not adversely impact habitat, whether directly or indirectly, near State routes would restrict the the Navy’s ability to accomplish its regardless of the location of the activity. design, maintenance, and construction national defense mission as the Navy Furthermore, areas that may have of highways. In particular, Units Maui will not have a presence on the island adequate management in place may not C1 and C2 may impact Route 30, for that purpose. As modified, the be safe from even direct threats from Honoapiilani Highway, and Unit C3 critical habitat designation on Federal activities, which can arise with may impact route 30, Kahekili Highway. Kahoolawe covers the southeastern little warning. Additionally, adequate coastline, an area along the eastern side Highway corridors require constant funding for conservation and of the island, and an area on the western upkeep and periodic improvements to management of listed species on lands side of the island, predominantly maintain safe transportation, keep currently being managed for overlapping with Level 3 and Level 4 abreast of changing policies and conservation may not be assured. areas—areas which have either received regulations, limit liability exposure, and Multiple commenters wrote that the surface clearance only or which have manage congestion. These activities, following areas should be designated as received no ordnance clearance. and the intrusive nature of highway critical habitat: Haleakala National Park; Anticipated activities in these areas traffic itself (pollutants, litter, alien Puu Kukui Watershed Management within the next 10 years are likely to be species), tend to conflict with the Area; Waikamoi; Kapunakea Preserves; limited to ordnance removal. Part of the and Hanawi Natural Area Reserve. critical habitat designation. The DOT designation on the western tip of recommends that buffer zones on each Our Response: While we do not Kahoolawe is a Level 1 area, and necessarily agree with the commenters’ side of the State highway right of way anticipated activities in this area could should be excluded from proposed interpretation of section 3(5)(A) we include operation of overnight considered whether the areas proposed critical habitat to minimize designation- campsites with minimal facilities to related costs for future improvements, for exclusion because special support restoration efforts. The management was not needed should be maintenance, and repair to roads, December 2002 Addendum to the Draft bridges, drainage culverts etc. The designated as critical habitat. However, Economic Analysis of Proposed Critical section 4(b)(2) of the Act requires us to buffer zones should be based on Habitat for the Maui and Kahoolawe topography and be a minimum of 100 consider other relevant impacts, in plants considered the effects of critical addition to economic impacts, of feet (30 m) in width. habitat designation on the Navy’s clean- Our Response: Units C1 and C2 have designating critical habitat. An area may up program on Kahoolawe and be excluded from designation as critical been removed from the final designation estimates section 7 consultation costs to and Unit C3 has been substantially habitat if the Secretary determines the range from $0 to $47,100. The removal benefits of excluding the area outweigh reduced in the final designation. State of ordnance, which will enable long- DOT’s comments did not identify any the benefits of designating the area as term restoration efforts to proceed, is critical habitat (and provided the planned widening or other significant consistent with the recovery goals for exclusion would not result in the improvement project within Unit C3. these listed plant species on Kahoolawe. extinction of the species). We have Rather, State DOT’s concerns focused on Kahoolawe is essential to the removed the two TNCH Maui Preserves, the impact to routine repair and conservation of Kanaloa kahoolawensis the State’s Hanawi NAR, ML&P’s Puu maintenance. Operation and because this is the only place where this Kukui WMA, and Ulupalakua and maintenance of existing manmade plant currently is known to exist. features and structures adjacent to Haleakala Ranches from final critical critical habitat are not subject to section Issue 6: Definition of Critical Habitat habitat designation based upon either 7 consultation, unless they involve (31) Comment: Many commenters, their conservation history or the federal funding or permitting and they including peer reviewers, noted that relevant issue that designation of critical affect the critical habitat or the species. critical habitat should be identified for habitat would have a negative effect on (30) Comment: The Service should all areas that may need to be managed the landowner’s voluntary ongoing reconsider designating critical habitat for the benefit of the listed species. The conservation activities as well as future on Navy lands because such designation ESA defines critical habitat (Section 3 activities under consideration by the will adversely impact the Navy’s ability (5)(A)(I)) as ‘‘the specific areas * * * (I) landowner. In both cases, we believe it to accomplish its national defense essential to the conservation of the is in the best interest of the species to mission. The designation will also species and (II) which may require exclude habitat from the designation impose costly procedural burdens on special management considerations or based on their conservation actions. See the Navy’s ongoing efforts to clear protection. It does not use the phrase ‘‘Analysis of Impacts Under Section ordnance at Kahoolawe. A careful ‘‘which may require additional special 4(b)(2): Other Impacts’’. analysis of the benefits and burdens of management considerations or (32) Comment: Alexander and critical habitat designation may result in protection.’’ Therefore, all areas that Baldwin, Inc., requested that the Service a determination that critical habitat meet the definition of critical habitat consider excluding lands managed by designation on Kahoolawe is not should be designated, even if they are the East Maui Watershed Partnership prudent, especially in light of potential currently being managed for (EMWP) because future EMWP efforts to prescribed burns for clearing ordnance. conservation. Designation of these areas protect the watershed are likely to While the Navy will manage endangered would be in accordance with the include many of the same management species found on its property, it will not mandatory duty to designate critical measures identified as necessary for the agree to introduce any endangered habitat ‘‘to the maximum extent prudent recovery of endangered plant species species to an area where it is currently and determinable’’ 16 U.S.C. 1533(a)(3). within the watershed (e.g., control of absent. Also, designation will provide an ungulates and invasive weeds). Our Response: In 1993, the U.S. additional measure of protection by Cooperative conservation efforts by Congress passed a law that required the preventing Federal agencies from landowners ultimately will benefit
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endangered species more than the mere Act, if they are planning a project that of the Ranch to participate in voluntary designation of critical habitat. may affect critical habitat. conservation efforts. Our Response: We agree that (36) Comment: The Estate of James Our Response: We found that cooperative conservation efforts by Campbell requested that the critical Ulupalakua Ranch met the requirements landowners are important to the habitat boundaries for their Kula and under 4(b)(2) of the Act (see ‘‘Analysis conservation of Hawaiian plant species. Kaupo properties be amended in light of of Impacts Under Section 4(b)(2)’’) and We did exclude portions of the EMWP, a lack of important data on species’ life therefore has been excluded from including portions of Hanawi NAR, history and habitat. They specifically critical habitat designation. Haleakala Ranch, and Waikamoi request that the proposed designation Issue 7: Policy and Regulations Preserve. However, at this time, we did on the Kaupo property be adjusted to not find the benefits of excluding other exclude unoccupied agricultural land (38) Comment: One commenter lands within the EMWP to outweigh the that could be adversely affected by such opposed the designation of critical benefits of including them in critical a designation. habitat in East Maui from Makawao to habitat, under section 4(b)(2) of the Act. Our Response: Unoccupied Kula because hunters use these areas. As resources allow, the Service would agricultural lands of the Kaupo Our Response: Critical habitat be willing to consider future revisions properties were not included in the designation does not affect activities, or amendments to this final critical proposed or final designations. including human access, on State or habitat rule if landowners affected by However, we have found that some of private lands unless some kind of this rule develop conservation programs the James Campbell Estate lands are Federal permit, license, or funding is or partnerships (e.g., Habitat essential to the conservation of some of involved and the activities may affect Conservation Plans, Safe Harbor the species and do not meet the criteria the species. It imposes no regulatory Agreements, conservation agreements, under section 3(5)(A) of the Act for prohibitions on State or other non- etc.) on their lands that outweigh the exclusion because long-range Federal lands, nor does it impose any regulatory and educational benefits of a management goals and plans are not yet restrictions on State or non-Federal critical habitat designation (see in place. These lands have been activities that are not funded or ‘‘Analysis of Impacts Under Section included in the final critical habitat authorized by any Federal agencies. 4(b)(2): Other Impacts’’ for which the designation. As resources allow, Access to Federal lands that are benefits of exclusion exceed the benefits however, the Service would be willing designated as critical habitat is not of inclusion). to consider future revisions or restricted unless access is determined to (33) Comment: One peer reviewer amendments to this final critical habitat result in the destruction or adverse stated that it is not strategically wise to rule if landowners affected by this rule modification of the critical habitat. If we exclude most of the East Maui develop conservation programs or determine that access will result in Watershed above 3,500–4,000 ft (1,067– partnerships (e.g., Habitat Conservation adverse modification of the critical 1,219 m). Plans, Safe Harbor Agreements, habitat, we will suggest reasonable or Our Response: We agree that the area conservation agreements, etc.) on their prudent alternatives that allow the is essential for the conservation of many lands that outweigh the regulatory and proposed activities to proceed. of these species and have designated educational benefits of a critical habitat Recreational, commercial, and portions of this area as critical habitat. designation (see ‘‘Analysis of Impacts subsistence activities, including (34) Comment: Maui Land and Under Section 4(b)(2): Other Impacts’’). hunting, on non-Federal lands are not Pineapple Company, Inc. requested that (37) Comment: Ulupalakua Ranch regulated by this critical habitat the currently actively managed, requested that its lands be removed designation, and may be impacted only conservation-zoned lands on West Maui from proposed critical habitat for the where there is Federal involvement in (A, B1, and B2) be excluded from following reasons: (1) Likelihood of the action and the action is likely to critical habitat designation. ML&P has private party lawsuits resulting in destroy or adversely modify critical cooperated with many other mandated protection for critical habitat; habitat. According to our economic conservation agencies, including the (2) likelihood of private party lawsuits analysis the probability of a major Service, to preserve the native limiting current ranch operations; (3) change in game management by the biodiversity of its conservation lands. limits on development of diversified State is regarded as slight. Thus, Our Response: We have excluded agricultural operations caused by the designation of critical habitat is some of ML&P’s lands under section Ranch’s interest in Federal cost share expected to have minor economic 4(b)(2) of the Act, finding that the programs; (4) lost revenues; (5) impacts related to management of game benefits of their conservation efforts expenditures to assess the impact of the mammals and to hunting. outweigh the benefits of including those proposed designations; (6) economic Issue 8: Economic Issues lands in this designation (see ‘‘Analysis hardship resulting from increased of Impacts Under Section 4(b)(2): Other expenses to counter trespassing caused (39) Comment: An economic analysis Impacts’’). However, there are other by increased curiosity over critical (EA) must be completed before critical ML&P lands for which we did not make habitat lands; (7) lower economic habitat is designated. Even though the this finding, and they are therefore returns and job loss caused by critical Service is designating critical habitat included in this critical habitat habitat dividing up sections of the before conducting an EA in order to designation. Ranch, thus leading to inefficiency; (8) meet a court imposed deadline, the (35) Comment: The Service should concern over the Service becoming Service is not relieved from meeting the comment on how Haleakala National involved in County Permitting processes prudent and determinable standard for Park will function as a result of (as they did when Ulupalakua Ranch designating critical habitat. It is a designation of unit Maui J. requested a Special Use Permit from the disservice to the landowners to not Our Response: Haleakala National County of Maui for telecommunications include an economic impact analysis at Park will continue to function much the purposes); (9) ranch lands consisting of the time of proposed designation even if same as it had before the critical habitat predominantly nonnative alien species the Service anticipates that such designation. However, they will need to that the Service has documented as designation will not have any consult with us, under section 7 of the threats; and (10) a reduced willingness significant economic impact. Any
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proposed critical habitat designated C2 have not been designated as final Ulupalakua Ranch will also deny access without first conducting an economic critical habitat. Maui unit C3 has been to those interested in plant conservation analysis would be imprudent and reduced to include only State owned and would not allow reintroductions of premature. lands within the conservation district any native plants to its private property. Our Response: We did not designate and G1 and G5 have been reduced to Similarly, Alexander and Baldwin, Inc. critical habitat before conducting an EA. lands within the conservation district. cautioned the Service to carefully The draft economic analysis was No costs are expected to occur from consider the benefits of existing published and made available for such impacts to water systems, because cooperative agreements such as the East review on October 2, 2002 (67 FR none of the plants are stream-dependent Maui Watershed Partnership and the 61845). The comment period on the for their survival and therefore would potentially chilling effect that proposed rule to designate critical not cause a reduction in water designation might have on such habitat for these 61 species from the diversions. In addition, water agreements. The Estate of James islands of Maui and Kahoolawe was infrastructures are considered a Campbell also stated a preference for extended until November 1, 2002, to manmade feature and therefore its encouraging the establishment of allow interested and affected parties the operation and maintenance are not voluntary partnerships with landowners opportunity to review the draft subject to critical habitat provisions of to effectuate the desired species economic analysis in conjunction with section 7, because these features and conservation. This commenter further the proposed critical habitat rule. structures normally do not contain, and stated that the regulatory approach The Service determines whether are not likely to develop, any primary discourages the cooperation which has critical habitat designation is prudent constituent elements. been a key to successful species according to regulations found at 50 (41) Comment: The DEA did not conservation. Another commenter stated CFR 424.12(a). In accordance with these address, or did not adequately consider, that if the Service truly wants to carry regulations, critical habitat designation a variety of costs and benefits that they out its mission statement and ‘‘work is not prudent only when one or both believe could occur caused by the with others to conserve, protect and of the following two situations exist: (1) implementation of section 7 enhance fish, wildlife and plants, and The species is threatened by taking or consultation for these species. their habitats for the continuing benefit other human activity, and identification Our Response: Many of these possible of the American people,’’ they should of critical habitat can be expected to costs were considered and some were meet with the community of the DHHL increase the degree of such threat to the addressed in the DEA. In many cases, Kahikinui homesteads to explain in species; or (2) such designation would however, potential costs were purposely clear and concise terms what is being not be beneficial to the species. The not addressed in the DEA because they proposed and exactly how it may economic analysis is conducted after are not expected to occur. In other cases, impact our community. Others critical habitat has been proposed in a it is possible for them to occur. In still expressed similar concerns that given area, as set forth in regulations other cases, the concerns no longer have cooperation and on-the-ground found at 50 CFR 424.19. If we find that substance given the Service’s management were more important than economic and other impacts outweigh modifications to the proposed critical critical habitat designation. the benefit of designating critical habitat habitat. Finally, in some cases, the in a given area, that area may be comments provided new information Our Response: Chapter VI, Section 4.j. excluded. and costs were modified in section 4 of of the DEA discusses the potential for (40) Comment: The proposal the Addendum. reduced cooperation with the Service on identifies portions of two habitat units (42) Comment: One commenter stated conservation projects as a result of (units C1, C2, C3, G1, and G5), that that the proposed designation fails to critical habitat. The DEA determines consist in part of private lands and are properly consider the importance of that a modest but undetermined occupied by only one or two species, cooperation and goodwill between the reduction in cooperation may occur, which have known current populations Service and private landowners, and the along with a corresponding but on other islands. Portions of these units impact critical habitat designations will undetermined environmental loss to may have economic value to their have in discouraging voluntary society. However, as the comment respective landowners for eventual partnerships on private lands. Haleakala indicates, the Service received letters shoreline development or as sources of Ranch stated that if critical habitat were from two landowners, Ulupalakua surface water for irrigation. Absent the designated on ranch lands, the ranch Ranch and Haleakala Ranch, during the economic analysis, it is impossible to would cease participation in public comment period stating that they determine from the proposal whether conservation projects designed to will no longer participate in the benefits of excluding these areas promote endangered species recovery. conservation projects designed to assist would outweigh the benefits of The ranch also stated that access to native plant species if critical habitat is including them as critical habitat. Haleakala Ranch land will be denied to designated on their land. Over the past Our Response: We agree that it is those seeking data about the presence of three years alone, these landowners difficult to determine the relative costs the listed species, and future have participated in more than seven and benefits of critical habitat partnerships, existing agreements, and a different conservation projects, designation without benefit of an land steward position may be receiving more than $290,000 from the economic analysis. It is precisely for terminated in an effort to insulate the Service or Natural Resources this reason that the draft economic company from outside governmental Conservation Service (NRCS). This analysis was made available for review oversight. The ranch prefers to work funding is often matched by the immediately upon completion on cooperatively with the Service and other landowner, and thus the cost of these October 2, 2002, and the public conservation entities to continue its projects likely exceeds $580,000. While comment period on the proposed legacy of land stewardship. Ulupalakua the benefits of these projects are critical habitat designations for these 61 Ranch stated that designation of critical difficult to quantify (as discussed species from the islands of Maui and habitat would result in discontinuation further in section 6 of the Addendum), Kahoolawe was extended until of its associations with organizations the biological value of these projects to November 1, 2002. Maui units C1 and associated with native plant restoration. the native plants is at minimum equal
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to the costs of each project. Assuming landowners. The primary activity that by DLNR, DBEDT, other state agencies, that participation over the past three takes place on privately-owned counties or landowners should be years is indicative of the average level agriculturally-zoned land is ranching. enacted. In doing so, State law requires of participation, over a period of ten The economic analysis found that LUC to take into account specific years, the value of the conservation reduction in land values that would be criteria, set forth at HRS 205–17. While projects would exceed $1.7 million. caused by redistricting privately owned the LUC is specifically directed to Thus, a reduction in cooperation in land from Agricultural to Conservation consider the impact of the proposed conservation projects by these two District ranges from $1,000 to $10,000 reclassification on ‘‘the preservation or landowners could be expected to result per acre. Since 1,960 acres of maintenance of important natural in a corresponding environmental loss Agricultural land are privately owned, if systems or habitats,’’ it is also to society of more than $1.7 million. In all such lands were redistricted, the specifically directed to consider five addition, these landowners have total loss would range from $1,960,000 other impacts in its decision: (1) indicated that they will not allow to $19,600,000. Even if a landowner has ‘‘maintenance of valued cultural, outside individuals, agencies or no plans to sell the land, the loss in land historical, or natural resources;’’ (2) organizations to monitor, investigate, or value due to redistricting could reduce ‘‘maintenance of other natural resources collect data about native plants on their potential mortgage financing. However, relevant to Hawaii’s economy, lands. In qualitative terms, the total loss as discussed in the economic analysis, including, but not limited to, to society as a result of reduced the redistricting of all Agricultural land agricultural resources;’’ (3) cooperation in conservation projects to Conservation is a worst-case scenario, ‘‘commitment of state funds and could be considered significant. and one which is not envisioned for (43) Comment: The DEA fails to several reasons. resources;’’ (4) ‘‘provision for consider economic impacts of critical HRS section 195D–5.1 states that the employment opportunities and habitat that result through interaction Department of Land and Natural economic development;’’ and (5) with Hawaii Land Use Law. Critical Resources (DLNR) ‘‘shall initiate ‘‘provision for housing opportunities for habitat could result in changes to zoning amendments to the conservation district all income groups, particularly the low, under State law. There is an overriding boundaries consistent with section 205– low-moderate, and gap groups.’’ HRS directive under State law that 4 in order to include high quality native 205.17. Approval of redistricting endangered plant species are to be forests and the habitat of rare native requires six affirmative votes from the protected in the State’s planning and species of flora and fauna within the nine commissioners, with the decision zoning process. HRS § 205–2(e) states conservation district.’’ HRS section 205– based on a ‘‘clear preponderance of the that Conservation Districts shall include 2(e) specifies that ‘‘conservation evidence that the proposed boundary is areas necessary for conserving districts shall include areas necessary reasonable.’’ HRS 205–4. endangered species. HRS 195D–5.1 for * * * conserving indigenous or Thus, even if all federally designated states that DLNR shall initiate endemic plants, fish and wildlife, critical habitat is petitioned for amendments in order to include the including those which are threatened or redistricting, the likelihood of habitat of rare species. Even if DLNR endangered * * * ’’ Unlike the redistricting will vary parcel by parcel. does not act, the Land Use Commission automatic conferral of State law While the LUC may redistrict some may initiate such changes, or they may protection for all federally listed species parcels, it is unlikely that lands with a be forced by citizen lawsuits. Areas for (see HRS 195D–4(a)), these provisions high economic value to the community, endangered species are placed in the do not explicitly reference federally such as lands with significant State protected subzone with the most severe designated critical habitat and, to our investments, prime agricultural land, restrictions. While existing uses can be knowledge, DLNR has not proposed land planned for the economic and grandfathered, downzoning will prevent amendments in the past to include all community development, and land landowners from being able to shift uses designated critical habitat in the planned for the provision of housing, in the future, will reduce market value, Conservation District. Nevertheless, would be redistricted. By way of increase property tax, and make the according to the Land Division of DLNR, illustration, in the last State district land unmortgageable. Although the DLNR is required by HRS 195D–5.1 to boundary review only five privately Service acknowledges that there could initiate amendments to reclassify owned parcels were redistricted to be substantial indirect costs relating to critical habitat lands to the Conservation redistricting of land to the Conservation District (Deirdre Mamiya, Conservation even though several District, several commentators disagreed Administrator, Land Division, in litt. hundred parcels were proposed for with the characterization of these costs 2002). redistricting (Addendum). While as ‘‘minor’’ and with the statement that State law only permits other State concern has been expressed that a third the probabilities of redistricting is departments or agencies, the county in party would challenge a decision by the ‘‘slight to small.’’ which the land is situated, and any LUC not to redistrict a critical habitat Our Response: In our economic person with a property interest in the parcel in State court, State courts have analysis we indicated that about 8,770 land to petition the State Land Use been deferential to the LUC decisions if ha (21,670 ac) of Agricultural lands Commission (LUC) for a change in the they are supported by the record, would be included in the designation, of boundary of a district. HRS section 205– consistent with statutory provisions, which 4,443 ha (10,980 ac) is privately 4. The Hawaii Department of Business, and not affected by errors. See, e.g., owned. However, in this final rule, we Economic Development & Tourism’s Kilauea Neighborhood Ass’n. v. Land have designated critical habitat on only (DBEDT) Office of Planning also Use Comm’n. 751 P.2d 1031, 1035 5,170 ha (12,744 ac) of Agricultural conducts a periodic review of district (Haw. Ct. App. 1988) (finding that, lands on Maui and Kahoolawe; the boundaries taking into account current although LUC’s findings were poorly remaining Agricultural lands were land uses, environmental concerns and drawn, the record provided sufficient excluded from the final designation other factors and may propose changes support for the decision); Outdoor Circle pursuant to section 4(b)(2). Of this, to the LUC. v. Harold K.L. Castle Trust Estate, 675 approximately 15 percent, or 794 ha The State Land Use Commission P.2d 784, 793 (Haw. Ct. App. 1983) (1,960 ac), is owned by private determines whether changes proposed (upholding LUC’s decision as consistent
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with statutory provisions and not mitigation measures, increased risk of (46) Comment: A commenter affected by errors). litigation over approvals, are not expressed concerns that opponents of (44) Comment: A commenter stated expected since there are no known water diversions may use critical habitat that the DEA fails to consider economic development plans within the as a tool to delay, and effectively stop, impacts of critical habitat that result designation. Furthermore, the following many worthwhile water diversion through interaction with State law, factors make future development projects. specifically Hawaii Environmental projects in the proposed critical habitat Our Response: Maui County and Impact Statement Law. HRS 343–5 unlikely: (1) As modified, Department of Water Supply (DWS) applies to any use of conservation land, approximately 80 percent of the submitted specific information and a full Environmental Impact proposed critical habitat is in regarding planned projects in the Statement is required if any of the Conservation District where proposed critical habitat during the significance criteria listed in HAR 11– development is severely limited; (2) the public comment period. Possible and 200–12 apply. One of these criteria is approximately 20 percent of the planned projects by the DWS include that an action is significant if it proposed critical habitat in the water source development in Unit B2; ‘‘substantially affects a rare, threatened Agricultural district is in remote areas, construction of a water reservoir or endangered species or its habitat.’’ areas lined with gulches or steep cliffs, adjacent to Unit L; access and intake This will result in costly procedural or areas with limited access to water; (3) improvements in Unit L; and repair and requirements and delays. Another there are no known plans for maintenance of existing flumes in Unit commenter expressed concerns that the development within the final critical L. As noted earlier, the Service removed Service may get involved in county habitat; and (4) most of the land Unit B2 from the final designation. permitting processes (as it did when designated in the Special Management Thus, no section 7 costs would be Ulupalakua Ranch requested a Special Area is also within the Conservation anticipated to result from future DWS Use Permit from the County of Maui for District. projects in this area. Moreover, most of telecommunication purposes). Multiple (45) Comment: The DEA fails to the identified DWS projects in Unit L commenters also stated the following: consider economic impacts of critical involve repair and maintenance of The DEA fails to evaluate the practical habitat that result through interaction existing manmade features and effect critical habitat designation will with State law, specifically the State structures, and as such, would not be have on development. The draft fails to Water Code. HRS 174C–2 states subject to section 7 consultation. However, to the extent that the planned quantify the indirect costs that critical ‘‘adequate provision shall be made for habitat designation could cause by improvements go beyond repair and protection of fish and wildlife.’’ HRS making the process of obtaining State maintenance and would be subject to 174C–71 instructs the commission of and county permits for development section 7 consultation caused by Federal Water Resource Management to more difficult, expensive, and time funding or permitting, the DEA’s establish an in-stream use protection consuming. Similarly, it should take estimate of zero to two consultations program to protect fish and wildlife. into account the delays and additional reasonably reflects the potential number Another commenter was concerned that cost to ensure compliance with Federal of section 7 consultations over the next critical habitat is proposed in watershed regulations. Special Management Area 10 years (see Chapter VI, Section 3.k. of areas in which stream or irrigation permits administered by Maui County the DEA). The DEA estimates that the system water flows. This commenter as required by Hawaii’s Coastal Zone consultations could cost up to $68,000 Management Act will be harder to get, also stated the following: The proposed with project modifications that could will result in delays, will cause a rule states that activities such as range up to $200,000. decline in property values and may watershed alteration or water diversion (47) Comment: Several commenters make it impossible to develop. This may trigger section 7 consultations if stated that the DEA focuses primarily on economic impact disappears because there is Federal involvement. If the the costs of critical habitat and lacks a the DEA’s bottom line erroneously ability to divert or take water from these thorough benefits analysis. It does not counts only so-called ‘‘direct’’ costs of sources or systems is restricted or include the benefits of watershed consultation. limited, the impact would be far protection and improvement or Another commenter also stated that reaching and affect all lands served by protection of other stream and riparian the Service has taken the position in such water sources or systems. The biota; the value of the listed plants as an other States that it has a right to Service has an obligation to thoroughly indicator of ecological health; the value intervene in local land use proceedings investigate this issue and refrain from of protecting culturally significant if they affect endangered species on designating critical habitat until it has species; the value that Hawaii’s people private property. For example, the determined whether its actions will place on conservation of Hawaiian Service petitioned the local zoning affect water use and balance this against plants; and the benefits of keeping other board in Arizona to postpone approval any benefit to the species. native species off the endangered of a rezoning petition pending a survey Our Response: No costs are expected species list, of maintaining water quality to determine the extent to which an to occur from such impacts to water and quantity, of promoting ground endangered plant was present on the systems, because none of the listed water recharge, and of preventing property even though no Federal plants are aquatic and therefore would siltation of the marine environment, approval was being sought. The failure not cause a reduction in water thus protecting coral reefs. The Service of the Service to address this type of diversion. In addition, water cannot exclude land from critical activity in the DEA is a fundamental infrastructure is considered a manmade habitat designation if it considers only error of the analysis. feature and therefore its operation and the costs, and not the benefits, of critical Our Response: Adverse impacts on maintenance are not subject to critical habitat designation. In failing to discuss development, including, but not limited habitat provisions of section 7, because these benefits, the Service missed an to, delays for additional studies and these features and structures normally opportunity to educate the public agency reviews, increased costs for do not contain, and are not likely to regarding the value of protecting native environmental studies, increased risk of develop, any primary constituent species and native ecosystems. The project denials, increased risk of costly elements. Service must use the tools available,
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such as a study by the University of determinable, adds that the Secretary the value of the more limited benefits Hawaii (UH) Secretariat for should take into consideration the provided by the proposed critical Conservation Biology that estimated the economic impact of the designation and habitat for the plants on the islands of value of ecosystem services, to quantify any other relevant impacts before Maui and Kahoolawe. Consistent with the benefits of critical habitat. specifying any particular area as critical its purpose, the UH study provided no Conversely, another commenter stated habitat. Hence, an economic analysis is estimates of the changes in that the alleged benefits are entirely part of the process of designating critical environmental conditions resulting from speculative and unquantifiable, and that habitat. Section 4(b)(2) of the Act changes in land and stream management the listed plants are of no use to anyone provides the Secretary with broad due to critical habitat designation. and lack commercial value. Another discretion to take into consideration the Furthermore, many of the commenter points out that according to economic impacts of any proposed assumptions and much of the analysis the DEA summary of costs and benefits, critical habitat designation and exclude in the UH study are not transferable to the benefits of designating critical areas where she finds that the benefits the economic analysis for the plants’ habitat are ‘‘difficult to estimate’’ and of exclusion outweigh the benefits of critical habitat. For example, the value are exceeded by the costs. Accordingly, designation. of water recharge in the UH study the Service should exclude areas The Secretary may exclude any area reflects projected water supply and covered by the DEA from designation. from critical habitat if she determines demand conditions on Oahu—an island Our Response: There is little that the benefits of exclusion outweigh 3⁄4 of the size of Maui but with a disagreement in the published economic the benefits of specifying such area as population of nearly ten times that of literature that real social welfare part of the critical habitat, unless she Maui. Also, the UH benefit analysis of benefits can result from the determines, based on the best scientific reducing soil runoff is unique to three conservation and recovery of and commercial data available, the valleys that drain through partially endangered and threatened species failure to designate such area as critical channelized streams in urban areas into (Bishop 1978, 1980; Brookshire and habitat will result in the extinction of the manmade Ala Wai Canal. Since this Eubanks 1983; Boyle and Bishop 1986; the species concerned (16 U.S.C. canal was designed with inadequate Hageman 1985; Samples et al. 1986; 1533(b)(2)). flushing from stream or ocean currents, Thus, the Secretary is not required to Stoll and Johnson 1984). Such benefits it functions as an unintended settling find that the benefits of inclusion have also been ascribed to preservation basin that must be dredged periodically. outweigh the costs of inclusion before of open space and biodiversity (see In addition, the recreational and designating an area, nor is the Secretary examples in Pearce and Moran (1994) ecotourism values provided in the UH required to exclude an area from critical and Fausold and Lilieholm (1999)), both study apply to areas that are accessible habitat if she determines that the of which are associated with species to most hikers, which is not the case benefits of exclusion outweigh the conservation. Likewise, a regional with significant portions of the benefits of inclusion. Rather, the Act economy can benefit from the plants’critical habitat. Significant preservation of healthy populations of provides the Secretary with the portions of the plants’ critical habitat endangered and threatened species, and discretion to take economic and other units are in mountainous range with the habitat on which these species considerations into account when steep slopes and difficult access and on depend. designating critical habitat. Chapter VI, Section 6 of the DEA As such, the DEA and the Addendum coastal cliffs. discusses potential benefits, both direct serve to illustrate possible impacts that (48) Comment: Critical habitat does and indirect, that can result from the can result from the designation, whether not benefit ecotourism by creating new proposed designation. The DEA notes in the form of costs or benefits. special places for people to visit, as the that the proposed designation can create However, the DEA and the Addendum DEA suggests. Rather, it helps to protect ecological and cultural benefits such as are not intended to provide a the special places that already exist the ones mentioned in the above comprehensive analysis of the benefits from degradation, ensuring that they comment—e.g., ethnobotanical value of that could result from section 7 of the will be around in the future to attract plants to the Native Hawaiians and Act in general, or of critical habitat in future ecotourists. Moreover, the social welfare benefits of ecological particular. In short, the Service believes Service’s subjective preference that improvements. However, the DEA also that the benefits of critical habitat commercial operators not feature visits indicates that these benefits are not designation are best expressed in to view threatened and endangered quantified due to lack of information biological terms that can be weighed plants has no place in an objective available on: (1) Quantified data on the against the expected costs of the economic analysis. value of the Maui and Kahoolawe rulemaking. The DEA and the Our Response: Chapter VI, Section species, and (2) quantified data on the Addendum simply provide information 6.b.(1) of the DEA indicates that the change in the quality of the ecosystem for the Secretary to exercise her proposed critical habitat may enhance and the species as a result of the discretion, but do not provide definitive the appeal of ecotourism by providing a designation. The DEA, however, does conclusions or recommendations as to marketing dimension. However, the not conclude that the benefits are what areas, if any, should be excluded DEA also states that this benefit may be exceeded by the costs. Instead, it from the final designation. slight since these places may already be discusses the benefits that could result Finally, although the UH study does regarded as special due to the existing from critical habitat designation in value ecosystem services, it has limited natural and cultural resources in the qualitative terms. applicability for valuing the benefits of area. While section 4(b)(1)(A) of the Act the proposed critical habitat designation (49) Comment: The DEA stipulates that listing determinations for the plants for a number of reasons. underestimates economic costs because must be made solely on the basis of First, the UH study had a different they are limited to what is likely to biological evidence, section 4(b)(2) of purpose, which was to estimate the total occur within 10 years. Critical habitat the Act, which calls for the value of environmental benefits designation is permanent and not establishment of critical habitat for all provided by the entire Ko’olau automatically revised if there is new listed species if it is prudent and Mountains on the island of Oahu versus evidence of the benefits of
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nondesignation, or if the species is the DEA. Thus the estimates of hours recognize. No protection is afforded to delisted. spent and costs incurred remain the farmers who unwittingly ‘‘harm’’ the Our Response: A listed species is same as they appear in the DEA. designated critical habitat. A careful delisted when it is recovered or has (51) Comment: One commenter stated cost-benefit analysis should conclude become extinct. Recovery is defined as the following: The DEA fails to consider that agricultural lands should be no longer needing the protections the economic impacts of listing and excluded. provided by the Act, which includes critical habitat that result through Our Response: There are no take critical habitat. As such, when a species interaction with State law, specifically provisions associated with critical is delisted, its critical habitat would be Hawaii’s Endangered Species Act. The habitat. The Act requires only that simultaneously ‘‘undesignated.’’ commenter suggested that New Mexico Federal agencies consult with the Furthermore, a 10-year time horizon Cattle Growers Association v. U.S. Fish Service to ensure that activities they is used because many landowners and and Wildlife Service requires fund, authorize, or carry out do not managers do not have specific plans for consideration of the impact of listing as result in destruction or adverse projects beyond 10 years. In addition, well as the impact of designating an area modification of critical habitat. Because the forecasts in the analysis of future as critical habitat. Instead, the analysis consultation under section 7 only economic activity are based on current is expressly limited to the impact of applies to activities that have Federal socioeconomic trends and the current Federal agency consultation under the involvement, the designation of critical level of technology, both of which are jeopardy standard. Since Federal listing habitat does not afford any additional likely to change over the long term. triggers listing under State law, the protections for listed species with (50) Comment: The DEA dismisses Service must consider the impact of take respect to strictly private activities. As concerns about impacts on the use of prohibitions under State law (and such, designation of critical habitat on structures and features already in place consequently Federal law, which agricultural lands would not prevent a in areas to be designated as critical prohibits destruction of plants in private farmer or rancher from farming habitat. The draft concedes that the lack knowing violation of State law). or ranching on their land, unless the of clarity can force landowners to incur Violations of these laws can trigger activity had Federal involvement, such costs to investigate the implications of lawsuits. as through participation in federally the regulations. The estimate that this Our Response: The DEA and the sponsored agricultural or ranching will only take 15–40 hours is too low Addendum consider the economic programs. given the size of the designated areas, impacts of section 7 consultations the vagueness of the regulatory related to critical habitat even if they are Chapter VI, Section 3.g. of the DEA exclusion, and the real costs of attributable co-extensively to the listed presents estimates of section 7 costs obtaining development approvals. status of the species. In addition, the associated with participation in In addition, the DEA’s analysis of DEA and the Addendum examine any federally sponsored agricultural or potential costs expected to be incurred indirect costs of critical habitat ranching related programs, such as Farm by private landowners to investigate the designation; however, where it is the Bill programs administered by NRCS. implications of critical habitat on their listing of a species that prompts action The DEA bases its estimate of two to lands is flawed, because the analysis at the State or local level, the impacts eight consultations over the next 10 fails to recognize that the cost to are not attributable to critical habitat years on the amount of Agricultural investigate the implications of CH are designation. Take prohibitions under land contained within the proposed sunk costs associated with the Hawaii law are purely attributable to a designation; number of past projects designation process, not additional costs listing decision and do not occur located within the area proposed for that the final designation would impose. because of critical habitat designations. designation; and the possibility that Our Response: The DEA recognized There are not take prohibitions some landowners could decide not to that some landowners might spend a associated with the plants critical participate in future programs to avoid great deal of time investigating the habitat. Federal involvement in their activities. implications of critical habitat, while (52) Comment: Multiple commenters The Service reduced the amount of others might not spend any time. The opposed the designation of agricultural Agricultural land designated from costs reported in the DEA reflect a lands needed to support agriculture and 29,175 ac (11,806 ha) to 21,670 ac (8,770 reasonable estimate of total costs for all ranching. They stated that critical ha), a reduction of 25 percent. The landowners, based on an estimate of the habitat designation would reduce designation contains approximately number of landowners who are likely to property values and the ability to 10,980 ac (4,443 ha) of Agricultural land investigate the implications of critical develop lands that were previously owned by those most likely to habitat. The Addendum revised this planned for development. participate in NRCS programs. However, number upwards in response to public Approximately 77 percent of the the majority of this land, approximately comment. However, on further proposed designated land is within the 9,028 acres, is owned by two reflection, the estimate contained in the State Conservation District, which landowners who indicated during DEA better reflects an average estimate includes irrigation water essential to public comment that they will not for all affected landowners for the agriculture. The rest of the lands participate in future NRCS programs if following reasons. The estimate takes proposed for designation are in the State their land was designated as critical into account whether their land is in Agricultural District. Designation of habitat. Moreover, as noted in the DEA, areas that are unsuitable for agricultural lands could prevent a not all of the Agricultural land development due to mountainous farmer or rancher from using those designated is in active agricultural use. terrain and/or being in the Conservation lands since the very nature of those uses Finally, competition for NRCS funding District. The analysis also assumes an would in all likelihood entail cutting, is strong. Based upon the final critical average cost per landowner to uprooting, or injuring plants to a certain habitat designation and the new investigate the implications of critical extent. The DEA fails to examine the information, the Addendum adjusts the habitat. Public comment did not offer an economic impact of a landowner not direct section 7 costs accordingly. The alternative estimate of time or costs that being able to use his own land for fear Addendum estimates that the would support changing the estimate in of injuring a species he doesn’t even consultation cost can range from $0 to
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$41,200, with a project modification subsistence activities as a real part of discuss the potential indirect impact of cost ranging $0 to $100,000. their income. Hunting also contributes critical habitat on the management of Other indirect impacts that could to the economy via money spent on pet game mammals. The DEA notes that result from the designation of critical foods, inter-island trips, gasoline, section 7 of the Act by itself does not habitat are discussed in Chapter VI, supplies, etc. Additionally, DLNR will require DLNR to manage State hunting Section 4 of the DEA and Section 5 of lose money as the demand for hunting lands to protect critical habitat; assure the Addendum. First, the critical habitat licenses and tag fees dwindles. The DEA the survival and conservation of listed designation may reduce property value does not adequately reflect the costs species, or participate in projects to of these Agricultural lands. In the worst associated with management of game recover species for which critical habitat case scenario, one which is not mammals and loss of hunting lands. has been established. Moreover, the envisioned, reduction in land values Another commenter questioned why a DEA notes that critical habitat due to redistricting all Agricultural land cost was associated with project designation does not require: (1) to the Conservation District could range modifications to the management of Creating any reserve, refuge, or from $11 million to $110 million. In game hunting on State managed lands wilderness areas; (2) fencing for any addition, critical habitat could result in because Maui does not have any State reason; (3) removing ungulates; or (4) the cessation of existing agricultural hunting areas that are managed to closing areas to hunters. However, the activities. While the likelihood of this maintain or enhance game mammal DEA recognizes that a change in game- being mandated as a result of critical populations. The commenters also management strategy is possible as a habitat designation is low, the estimated questioned the methodology used to result of a lawsuit or as a voluntary costs resulting from stopping all estimate the project modification cost. decision by DLNR. For illustrative ranching activities within the Our Response: Chapter VI, Section purposes, Chapter VI, Section 4.b. of the designation ranges form $110,000 to 3.a.(2) and Section 4.a. of the DEA and Section 5.a. of the Addendum $825,000 per year. Addendum discuss the direct economic present potential costs that could result (53) Comment: Many commenters impact of critical habitat designation on if DLNR removed areas within the stated that the DEA fails to adequately federally funded game management designation from the State-managed assess the scope of indirect costs activities by estimating the direct hunting units. Assuming that about half associated with critical habitat section 7 costs associated with of those who hunt game mammals on designation. Indirect impacts cannot be consultation and project modifications. the affected lands were to give up dismissed just because it is difficult to The DEA makes the assumption that the hunting, then hunting activity on Maui assign a dollar value to them. Without cost of past project modifications only could drop by about 14.5 percent. This acknowledging the full scope of direct incorporates the portions of the hunting drop in hunting activity would translate and indirect costs, the Service cannot units that overlap with the occupied into a decrease in annual economic complete an accurate final proposed critical habitat. However, activity related to hunting on Maui of determination of critical habitat. information received during public about $290,000 in direct sales (14.5 Another commenter also stated that the comment noted that the prior percent of $2 million); $510,000 in total DEA should be amended to properly consultation already modified the direct and indirect sales (14.5 percent of reflect all economic impacts, including State’s proposed game mammal program $3.5 million); nine jobs (14.5 percent of the various indirect impacts, which to address potential impacts to habitat 60 jobs); and $170,000 in income (14.5 would clearly show that the economic everywhere on the island, including percent of $1.2 million). However, the costs of critical habitat designation are occupied and unoccupied habitat and decrease in expenditures by the significantly higher than the benefits. areas inside and outside of critical displaced hunters would probably be Our Response: Chapter VI, Section 4 habitat designation, based on the spent on other recreational activities, of the DEA and Section 5 of the understanding that increasing game goods, and services, so these figures are Addendum discuss various indirect mammal populations in one location likely to overstate the economic costs. In impacts that can result from the where the plants are not present may addition to the change in economic designation. There is considerable cause those mammals to move to areas activity discussed above, a reduction in uncertainty on whether any or all of where the plants are present and cause hunting activity in critical habitat these indirect impacts may occur, as destruction. Upon further review of past would also result in a loss in value or they depend upon actions and decisions consultations and past project benefit to hunters (consumers’ surplus). by entities other than the Service under modifications, the project modification Section 5.a. of the Addendum estimates circumstances for which there is limited costs are now estimated at $23,000 to this loss in value at $150,000 annually or no history that can be used to $37,000. As noted in the DEA, because and recognizes that benefits derived determine the probability of different Maui does not have any State hunting from recreational activities that replace outcomes. Thus, based on the available areas that are managed to maintain or game mammal hunting would partially information, these impacts were enhance game mammal populations, offset this loss. discussed qualitatively in the DEA and project modifications are anticipated to (55) Comment: Three parcels (TMK where possible, estimates were given of be similar to those in the past. They are (2) 1–8–001:003, TMK (2) 3–1–001:004, worst-case scenarios for illustrative not anticipated to include closure of and TMK (2) 3–1–002:011) should be purposes. hunting areas. In addition, as noted in excluded from designation, because the (54) Comment: Several commenters the DEA, DLNR is likely to avoid costly DEA fails to establish that the benefits stated that critical habitat designation project modifications by using Federal of including these parcels in the has the potential to decrease the amount funds for game management projects designation outweigh the costs of of available hunting lands and game that do not adversely affect listed including these parcels in the animals. Governmental officials seem to species or their critical habitat, and if designation. value plants and insects more than needed use only State funds on projects Our Response: The Service removed hunting, which is an important family that the Service believes could have two of the three parcels mentioned in and cultural tradition, a means of adverse impacts. the comment—i.e., TMK (2) 3–1– subsistence, and a way of life. Members Chapter VI, Section 4.b. of the DEA 001:004 and TMK (2) 3–1–002:011 from of all ethnic groups hunt and depend on and Section 5.a. of the Addendum the proposed designation. The
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remaining parcel—i.e., TMK (2) 1–8– (56) Comment: While the Service has 3 in the DEA and Table Add-2 in the 001:003—is approximately 710 acres (4 stated that critical habitat affects only Addendum. ha) in the Agricultural District, and this activities that require Federal permits or (57) Comment: Two commenters would remain within the designation. funding, and does not require wrote that lands in Urban, Agricultural, Chapter VI, Section 3.g. of the DEA and landowners to carry out special and Rural Districts are designated, used, Section 4.e. of the Addendum discuss management or restrict use of their land, and intended for a wide variety of land activities on Agricultural land and they fail to address the breadth of use activities. These commenters stated specifically recognizes that some of the Federal activities that affect private that there is a much greater likelihood, State managed Agricultural land is property in Hawaii and the extent to therefore, that critical habitat leased out to private entities as which private landowners are required designation will have an adverse pasturage. However, no direct section 7 to obtain Federal approval before they economic impact on these landowners. costs involving these leases are can use their property. These Our Response: None of the critical anticipated because there is no known requirements extend to all State habitat units are in the Urban or Rural Federal involvement. agencies using Federal funds in District. In fact, 86 percent of the critical While section 4(b)(1)(A) of the Act connection with a proposed action and habitat designation is in Conservation stipulates that listing determinations community actions for which Federal District and 14 percent in Agricultural must be made solely on the basis of approval or review is necessary. For District. As discussed above, biological evidence, section 4(b)(2) of example, if the Federal government designation of the Agricultural lands the Act, which calls for the approves eligibility for flood insurance, may result in direct section 7 costs establishment of critical habitat for all flood plain development programs shall through federally sponsored agricultural listed species if it is prudent and become subject to consultations under or ranching related programs, such as determinable, adds that the Secretary the Act. Federal agencies such as the Farm Bill programs administered by should take into consideration the U.S. Department of Agriculture and the NRCS. The DEA bases its estimate of economic impact of the designation and Federal Farm Services Agency (FFSA) two to eight consultations over the next any other relevant impacts before have numerous programs that provide 10 years on the amount of Agricultural specifying any particular area as critical funds or other assistance to farmers and land contained within the proposed habitat. Hence, an economic analysis is ranchers in the form of loans, grants, designation, the number of past projects part of the process of designating critical loan deficiency, and subsidy payments located within the area proposed for habitat. Section 4(b)(2) of the Act for certain commodities, marketing designation, and the possibility that provides the Secretary with broad assistance, disaster assistance, and other some landowners could decide not to discretion to take into consideration the financial, technical, and educational participate in future programs to avoid Federal involvement in their activities. economic impacts of any proposed assistance. Participation in any such (58) Comment: Several commenters critical habitat designation and exclude programs would be subject to section 7 stated that although the Service has areas where she finds that the benefits consultation, thus making Federal of exclusion outweigh the benefits of expressed that designation of critical assistance unavailable to the types of habitat does not create a reserve, refuge, designation. operations that these programs are The Secretary may exclude any area or wilderness area; require fencing for designed to assist. from critical habitat if she determines any reason; close off areas to hunters, that the benefits of exclusion outweigh Our Response: The analysis in the hikers, or other land users; or create a the benefits of specifying such area as DEA, as revised by the Addendum, is land management plan, many are part of the critical habitat, unless she based on a review of all ‘‘reasonably concerned that critical habitat determines, based on the best scientific foreseeable’’ projects, land uses, and designation could result in limitations and commercial data available, that the activities that may be directly affected or special management requirements failure to designate such area as critical by the implementation of section 7 for (such as fencing, removal of grazing habitat will result in the extinction of the plants. ‘‘Reasonably foreseeable’’ animals, or control of invasive species) the species concerned (16 U.S.C. projects, land uses, and activities are being established on private lands at 1533(b)(2)). defined in the DEA as those which are: great expense to the private and public. Thus, the Secretary is not required to (1) Currently authorized, permitted, or The Service’s own recovery plans for find that the benefits of inclusion funded; (2) proposed in plans currently many of the species in the proposed rule outweigh the costs of inclusion before available to the public; or (3) projected specifically identify cattle grazing as a designating an area, nor is the Secretary or likely to occur within next 10 years potential threat to the species or their required to exclude an area from critical based on (a) recent economic or land- habitats. Many feel that it is likely that habitat if she determines that the use trends, development patterns, private party litigation will force the benefits of exclusion outweigh the evolving technologies, competitive implementation of ‘‘special management benefits of inclusion. Rather, the Act advantages, etc., and (b) limits imposed considerations or protection.’’ An provides the Secretary with the by land-use controls, access, terrain, example of this is the worrisome discretion to take economic infrastructure and other restrictions on precedent of Palila v. Hawaii consideration into account when development. After determining the Department of Land and Natural designating critical habitat. ‘‘reasonably foreseeable’’ projects, land Resources in which the Sierra Club As such, the DEA and the Addendum uses, and activities that could affect the Legal Defense Fund sued the State of serve to illustrate possible impacts that physical and biological features of the Hawaii under the Endangered Species can result from the designation, whether proposed critical habitat units, the next Act and resulted in a Federal court in form of costs or benefit. They provide step in the analysis was to determine order specifying that sheep and goats information for the Secretary to exercise Federal involvement. Thus, the DEA should be permanently removed from her discretion, but do not provide does not evaluate all potential activities critical habitat designated for palila on definitive conclusions or with Federal nexus; instead, the DEA is the Big Island. The argument against recommendations as to what areas, if limited to those activities that were this case being relevant for the plants any, should be excluded from the final ‘‘reasonably foreseeable.’’ The results of critical habitat is not persuasive when it designation. this analysis are presented in Table VI– argues that palila cases are irrelevant to
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Hawaii ESA law because the Federal designation on Maui. In addition, reduce the ability to develop lands Act defines ‘‘take’’ as ‘‘harm’’ while the Chapter VI, Section 4.f. of the DEA, previously planned for development. State law defines ‘‘take’’ as ‘‘injure.’’ discusses the potential for adverse The impacted lands include areas ‘‘Harm’’ and ‘‘injure’’ are generally impacts on development, including described in the proposed units A, C1, synonymous. The cost of such special delays for additional studies and agency C2 and C3. management should be considered prior reviews, increased costs for Our Response: As discussed above, to a final determination on the proposed environmental studies, increased risk of the Service removed Units C1 and C2 designations. Where costs are likely to project denials, increased risk of costly and reduced Units A and C3. After this outweigh the benefits of the proposed mitigation measures, increased risk of modification, less than one acre of designation, designation of critical litigation over approvals, etc. The DEA ML&P’s land in Units A and C3 remains habitat should be determined not to be concludes that it is impossible to within the designation. As such, prudent, or at a minimum, areas quantify these potential costs, because minimal impacts are anticipated for proposed for designation should be there are no known development plans ML&P’s Agricultural land in Units A significantly reduced so that any special within the proposed designation. and C3. management measures that may Furthermore, the following factors make (61) Comment: The Maui County eventually be mandated through future development projects in the Department of Water Supply provided litigation are of a scale that is reasonable proposed critical habitat highly the following information on planned and cost-effective to implement. unlikely: (1) 86 percent of the critical projects occurring in proposed units L, Another commenter expressed habitat is in Conservation District where G, and B2. These projects include access concerns that the proposed critical development is severely limited; (2) the improvements, intake improvements, habitat would bring private party approximately 14 percent of the critical reservoir design and construction, well lawsuits resulting in mandated habitat in the Agricultural District is in construction, flume repair and protection for critical habitat. Another remote areas, areas lined with gulches maintenance, water distribution system commenter also stated that in Hawaii it or steep cliffs, or areas with limited maintenance, and identification of has long been established that access to water; (3) there are no known potential sources for future landowners own all feral animals on plans for development within the groundwater. Whether these or other their property. The commenter designation; and (4) most of the critical projects would involve Federal lands, expressed concerns that plaintiffs who habitat in the Special Management Area funding, or permits, it is important that seek to compel a private landowner to is also within the Conservation District. water treatment plants, sources, and spend money to protect critical habitat While it is conceivable that there may collection and distribution systems can could argue that the landowner has a initially be an increase in subsequent continue to be established and positive obligation to ensure that such lawsuits related to the critical habitat maintained within these areas where animals do not harm the habitat. designation, it is not possible to predict they are needed for hydrogeological and Our Response: Section 4(a)(3)(A) of their number, degree of complexity, security reasons. the Act directs the Secretary to chance of success, or any other Our Response: Maui County and designate critical habitat to the associated effect due to scant historical Department of Water Supply (DWS) ‘‘maximum extent prudent and evidence for the plants. submitted specific information determinable.’’ Critical habitat is not (59) Comment: Several commenters regarding planned projects in the prudent when one or both the following were concerned that critical habitat proposed critical habitat during the situations exist: (1) A species is designation will lead to unnecessary public comment period. Possible and threatened by taking or other human and costly litigation. Another planned projects include water source activity and identification of critical commenter was concerned about the development in Unit B2, construction of habitat would increase the degree of likelihood of private party lawsuits a water reservoir adjacent to Unit L, threat; or (2) designation would not be limiting current ranch operations. access and intake improvements in Unit beneficial to the species (50 CFR Our Response: As discussed in the L, and repair and maintenance of 424.12(a)(1)). Thus the costs of DEA and the Addendum, an existing flumes in Unit L. As noted designation are not considered in undetermined probability exists that a earlier, the Service removed Unit B2 analyzing whether critical habitat is Federal or State court could mandate from the final designation. Thus, no prudent. However, such costs are certain indirect impacts as a result of section 7 costs would be anticipated to considered under section 4(b)(2) of the critical habitat. However, it is beyond result from future DWS projects in that Act, which directs the Secretary to take the scope of the economic analysis to area. Moreover, most of the identified into consideration the economic and assess the legal merits of the arguments DWS projects in Unit L involve repair other impacts of designation and for or against the various indirect and maintenance of existing manmade authorizes the Secretary to exclude any impacts, to assess the probability that a features and structures, and as such, area if she determines that the benefits lawsuit will be filed, and, if filed, to would not be subject to section 7 of exclusion outweigh the benefits of identify possible outcomes of a court consultation. However, to the extent designating it as critical habitat, unless decision and the associated that the planned improvements go it will result in extinction of the species. probabilities. However, whenever beyond repair and maintenance and The Act does not obligate landowners possible, the DEA and the Addendum would be subject to section 7 to manage their land to protect critical present the worst-case scenario of the consultation due to Federal funding or habitat, nor would landowners and costs associated with the potential permitting, the DEA’s estimate of zero to managers be obligated under the Act to outcomes of third party lawsuits. two consultations reasonably reflects participate in projects to recover a (60) Comment: ML&P believes that the potential number of section 7 species for which critical habitat has designation of critical habitat would consultations over the next 10 years (see been established. However, Chapter VI, adversely impact the value of Chapter VI, Section 3.k. of the DEA). Section 4.c. of the DEA does discuss the agricultural lands and lands proposed The DEA estimates that the potential mandate for conservation for future development, reduce the consultations can cost up to $68,000 management pursuant to litigation and collateralized value of land holdings, with project modification that can range the resulting costs for the proposed and (due to State and county law) up to $200,000.
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(62) Comment: Ulupalakua Ranch hardship resulting from increased (64) Comment: The Service did not expressed concerns that the proposed expenses to counter trespassing caused adequately address the takings of critical habitat will: (1) Limit by increased curiosity over critical private property as a result of development of diversified agricultural habitat lands, and lower economic designating critical habitat for operations due to the Ranch’s interest in returns and job loss caused by critical endangered plants on Maui. If the Federal cost share programs; (2) cause a habitat dividing up sections of the critical habitat proposal would require loss in revenue; (3) create economic ranch, are concerns about indirect reducing water diversions from any hardship resulting from increased impacts of critical habitat designation. stream, the Service should investigate expenses to counter trespassing caused There is considerable uncertainty whether that would take anyone’s by increased curiosity over critical about whether any or all of these vested water rights. In addition, if the habitat lands; and (4) lower economic indirect impacts may occur, as they proposed designation of critical habitat returns and job loss due to critical depend upon actions and decisions by precipitates conversion of agricultural habitat dividing up sections of the entities other than the Service under lands to conservation land that has no ranch, thus leading to inefficiency. circumstances for which there is limited economically beneficial use, then the Our Response: Chapter III of the DEA or no history that can be used to Federal and State governments will notes that section 7 of the Act requires determine the probability of different have taken private property. In addition, Federal agencies to consult with the outcomes. To the extent possible, the the government may also take property Service to ensure that activities they possible costs associated with these by excessive regulation as was fund, authorize, or carry out do not impacts are discussed in Chapter VI, evidenced in Lucas v. South Carolina result in destruction or adverse Section 4 of the DEA and Section 5 of Coastal Council, 505 U.S. 1003 (1992). modification of critical habitat. Because the Addendum. However, based on the Our Response: As noted above, none consultation under section 7 only limited information available, it is not of the plants are stream-dependent for applies to activities that have Federal possible to determine the probability their survival and therefore would not involvement, the designation of critical that any of these impacts will actually cause a reduction in water diversion. habitat does not afford any additional occur as a result of critical habitat Also, Chapter VI, Section 4.e. of the protections for listed species with designation. DEA, the Addendum and our response respect to strictly private activities. (63) Comment: The Department of to comment 43 address costs involved Chapter VI, Section 3.g.(2) of the DEA Hawaiian Homelands (DHHL) opposes in redistricting lands proposed for and Section 4.e. of the Addendum the designation of critical habitat on critical habitat designation from the present estimates of direct section 7 their land in Unit E and H because the Agricultural to the Conservation costs associated with participation in currently degraded land is slated for District. Any redistricting of land to Federal cost-share programs with NRCS. development of homes for native Conservation and any corresponding The Addendum estimates that total Hawaiian beneficiaries. DHHL further loss of economically beneficial use consultation costs for all projects in the noted that critical habitat designation would be decided by the State Land Use critical habitat designation range from will cause significant economic harm, Commission, not the Service, based on $0 to $41,200, while project because: (1) The designation of critical an array of state laws and other factors, modification costs range from $0 to habitat would require hundreds of including the extent to which the $100,000. The DEA and the Addendum future beneficiaries to conduct an proposed reclassification conforms to both note that projects sponsored by environmental assessment and section 7 the applicable goals, objectives, and NRCS programs are generally beneficial consultation in order to construct homes policies of the Hawaii state plan; the in nature and are likely to involve and prepare ground for farming; (2) the extent to which the proposed minimal project modifications. identified areas have already been reclassification conforms to the However, the DEA and the Addendum subdivided into individual lots and applicable district standards; and the recognize that a landowner could decide DHHL does not have the authority to impacts of the proposed reclassification to forego Federal funding and cancel the retroactively impose management plans on the following: preservation or contract with NRCS to avoid making on individual lessees, meaning that any maintenance of important natural modifications identified through the regulatory impact will fall on individual systems or habitats; maintenance of section 7 consultation process. If lessees; (3) DHHL’s homesteading valued cultural, historical, or natural Ulupalakua Ranch were to be one of the program uses Federal programs to resources; maintenance of other natural anticipated consultations over the next guarantee and insure the mortgages of resources relevant to Hawaii’s economy; ten years, and if the section 7 homesteaders; (4) Federal funds may be commitment of state funds and consultation process resulted in project used construct site improvements and resources; provision for employment modifications that would limit the homes; and (5) to the extent that the use opportunities and economic development of diversified agricultural of these programs triggers consultation development; and provision for housing operations, then Ulupalakua Ranch under section 7, lessees will be subject opportunities for all income groups; and could avoid these project modifications to additional filing requirements, delays the representations and commitments by foregoing Federal funding, thus in homebuilding, possible additional made by the petitioner in securing a removing the Federal involvement. The expenditures, and limitations on boundary change. cost of project modifications in that case property use. DHHL supports the (65) Comment: A Federal nexus exists would be the total amount of Federal proposed designations in areas that are for the non-point source water discharge funding foregone. If no Federal not subject to homestead development, program. If water discharge into critical involvement exists, there can be no such as the cliff face found in unit G4. habitat does not meet water quality direct section 7 costs associated with Our Response: As discussed earlier, standards, a permit could be denied. critical habitat designation on the Service reduced Units E and H to The effect on agriculture may be Ulupalakua Ranch lands. exclude certain areas for biological devastating since some run-off from The remaining three concerns raised reasons, including DHHL land subject to agricultural activities is avoidable. above by Ulupalakua Ranch, specifically homestead development. As such, Our Response: The State Department that critical habitat designation will possible impacts discussed in the of Health Polluted Runoff Control cause loss in revenue, create economic comment are not expected. Program and the State Office of
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Planning, Coastal Zone Management (67) Comment: Many commenters parcels be excluded from critical habitat Program, work together to address questioned the utility of critical habitat because they: (1) Are currently being nonpoint source pollution through designation because it will not result in leased for activities that could be outreach and education and programs on-the-ground improvement of habitat adversely affected by the designation that utilize incentives. Under the or endangered species. Conversely, (e.g., agricultural leases); (2) have been Coastal Zone Act Reauthorization some commenters pointed out that identified as parcels with possible lease Amendments, Section 6217, the State is critical habitat will prevent the Federal or development potential; (3) could required to meet various conditions for government from carrying out activities suffer a significant loss in value; or (4) approval of the State’s Coastal Nonpoint that destroy habitat or species in need include water sources of water systems. Pollution Control Program by the U.S. of recovery and that it will benefit the Our Response: As noted earlier, the Environmental Protection Agency. To people of Maui by preserving native Service modified the critical habitat meet these conditions, the State forests, thus preventing erosion that designation for biological reasons, and Department of Health is developing pollutes water and smothers reefs. as a result of the changes, five of the 15 administrative rules to create Statewide Our Response: There is little parcels were no longer within the enforceable policies and mechanisms to disagreement in the published economic designation. The ten parcels remaining address nonpoint source pollution. literature that real social welfare in the designation are located in Units These draft rules are currently the benefits can result from the A, G1, G3, H, I1, I2, I3, I4, K, and L. subject of public informational conservation and recovery of These ten parcels overlap with the meetings. Public comments and endangered and threatened species designation in the amount of suggestions received during these (Bishop 1978, 1980; Brookshire and approximately 7,015 ac (2,839 ha). meetings will be considered before final Eubanks 1983; Boyle and Bishop 1986; Approximately 90 percent (6,305 ac rules are drafted and proposed to the Hageman 1985, Samples et al. 1986; (2,552 ha)) is within the Conservation Governor. Stoll and Johnson 1984). Such benefits District. The other 10 percent (710 ac At the present time, there is no permit have also been ascribed to preservation (287 ha)) is within the Agricultural requirement for nonpoint source of open space and biodiversity (see District. pollution. Moreover, the proposed rules examples in Pearce and Moran (1994) Chapter VI, Section 3.g. of the DEA regarding nonpoint source pollution and Fausold and Lilieholm (1999)), both and Section 4.e. of the Addendum make no reference to either water of which are associated with species discuss activities on Agricultural land quality standards or to critical habitat. conservation. Likewise, a regional and specifically recognize that some of Until the State administrative rules are economy can benefit from the the State managed Agricultural land is finalized, the economic impact caused preservation of healthy populations of leased out to private entities as by the interplay of nonpoint source endangered and threatened species, and pasturage. DLNR-Land Division pollution requirements and the the habitat on which these species specifically identified three parcels designation of critical habitat is entirely depend. within the proposed critical habitat speculative. It is not feasible, however, to fully designation that are leased for pasture (66) Comment: The designation of describe and accurately quantify these purpose. Two of these parcels are no critical habitat will impose costly benefits in the specific context of the longer within the designation. The third procedural burdens on the Navy’s proposed critical habitat for the plants, parcel, approximately 710 ac (287 ha) in ongoing efforts to clear ordnance at because no quantified data on the value the Agricultural District, remains within Kahoolawe. A careful analysis of the of the Maui and Kahoolawe species the designation. No direct section 7 benefits and burdens of critical habitat exists, and the Service is unable to costs involving these leases are designation may result in a provide specific data on the change in anticipated because there is no known determination that critical habitat the quality of the ecosystem and the Federal involvement. designation on Kahoolawe is not species as a result of the designation (for Indirect costs, specifically the prudent, especially in light of potential example, how many fewer ungulates possibility of restrictions on the State’s prescribed burns for clearing ordnance. will roam into the critical habitat, how ability to lease the land caused by the Our Response: Chapter VI, Section many fewer invasive plants will be interplay between critical habitat 3.e. of the DEA notes that November introduced as a result, and therefore designation and State law, are discussed 2003 marks the end of the Navy’s how many more of the plants will be in Section 5.b. of the Addendum. As congressionally-mandated cleanup present in the area). The discussion noted in Section 5.b., the likelihood of period. After that point, Kahoolawe presented in the DEA and in the a future lawsuit interfering with existing Island Reserve Commission (KIRC) is Addendum provides examples of agricultural activity within the likely to seek some form of Federal potential benefits, which derive designated critical habitat is considered assistance. In the event that KIRC primarily from the listing of the species, low, based upon review of the existing receives Federal funding in the future, based on information obtained in the Federal and State law provisions and the DEA estimates section 7 course of developing the economic professional judgment. However, for consultation costs at $10,400 to $78,500 analysis. It is not intended to provide a illustration purposes, an estimate of the including minor project modification complete analysis of the benefits that potential impact is $7,100 per year costs (based on two to five could result from section 7 of the Act in utilizing the land rents of $10 per acre consultations). However, as noted general, or of critical habitat designation per year (as used in the DEA) since above, the Service reduced the in particular. In short, the Service DLNR did not provide any additional designation on Kahoolawe for biological believes that the benefits of critical information regarding the value of the reasons, and the number of section 7 habitat designation are best expressed in affected leases. consultations over the next 10 years is biological terms that can be weighed Of the remaining ten parcels, DLNR expected to decrease to zero to three against the expected cost impacts of the did not identify which have possible consultations as a result. As such, the rulemaking. lease or development potential, could Addendum revises future section 7 (68) Comment: The State Department suffer a significant loss in value, or consultation costs to range from $0 to of Land and Natural Resources, Land include water sources for water systems. $47,100. Division, requests that 15 tax map As noted above, the portions of these
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parcels that overlap with the discussions of Cyrtandra munroi; Clermontia samuelii changed from four designation are all located within the Lycopodium cernuum changed to populations to seven occurrences; Conservation District, where Lycopodiella cernua ( Palmer 2003) in Colubrina oppositifolia changed from development is severely limited. the discussions of Platanthera two populations to one occurrence; Without more information from DLNR, holochila; Morelotia gahniiformis Ctenitis squamigera changed from six it is difficult to evaluate how these changed to Gahnia gahniiformis in the populations to 12 occurrences; Cyanea parcels could suffer a significant loss in discussions of Platanthera holochila; copelandii ssp. haleakalaensis changed value as these parcels are already and Sphenomeris chusana changed to from three populations to five subject to the restrictions of the Sphenomeris chinensis in the occurrences; Cyanea hamatiflora ssp. Conservation District. Finally, no costs discussion of Pteris lydgatei. hamatiflora changed from seven are expected to occur from impacts to (3) We replaced the specific name of populations to nine occurrences; water systems, because none of the the associated native plant species, Cyanea lobata changed from four plants are stream-dependent for their Hibiscus arnottianus (which is not populations to five occurrences; Cyanea survival and therefore would not cause reported to occur on Maui), with mceldowneyi changed from six a reduction in water diversion. In ‘‘Hibiscus spp.’’ in the discussion of populations to 11 occurrences; addition, water infrastructure is Gouania vitifolia in the ‘‘Supplementary Cyrtandra munroi changed from four considered a manmade feature and Information: Discussion of the Plant populations to five occurrences; therefore its operation and maintenance Taxa’’ and section 17.96. Dubautia plantaginea ssp. humilis are not subject to critical habitat (4) We removed the following species changed from one population to two provisions of section 7, because these from the ‘‘Supplementary Information: occurrences; Flueggea neowawraea features and structures normally do not Discussion of the Plant Taxa,’’ as they changed from three populations to four contain, and are not likely to develop, are not reported to occur on Maui: occurrences; Geranium arboreum any primary constituent elements. Chloris barbata was removed from the changed from seven populations to 12 list of associated native plant species for occurrences; Geranium multiflorum Summary of Changes From the Revised Kanaloa kahoolawensis; Andropogon Proposed Rule changed from eight populations to 13 virginicus was removed from the list of occurrences; Hesperomannia Based on a review of public associated native plant species for arborescens changed from two comments received on the proposed Melicope balloui; and Pennisetum populations to four occurrences; determinations of critical habitat, we setaceum was removed from the list of Hesperomannia arbuscula changed have reevaluated our proposed associated native plant species for from two populations to eight designations and included several Colubrina oppositifolia. occurrences; Mariscus pennatiformis changes to the final designations of (5) For clarity regarding the number of changed from one population to two critical habitat. These changes include location occurrences for each species occurrences; Melicope adscendens the following: (which do not necessarily represent changed from two populations to 16 (1) We published 139 critical habitat viable populations) and the number of units for 60 plant species on the islands populations essential for the occurrences; Melicope balloui changed of Maui and Kahoolawe. conservation of a species (e.g., 8 to 10 from two populations to three (2) The scientific names were changed populations with 100, 300, or 500 occurrences; Melicope knudsenii for the following non-listed associated reproducing individuals), we changed changed from one population to four plant species found in the the word ‘‘population’’ to ‘‘occurrence’’ occurrences; Melicope ovalis changed ‘‘Supplementary Information: and updated the number of occurrences from one population to two occurrences; Discussion of the Plant Taxa’’ section: in the ‘‘Supplementary Information: Neraudia sericea changed from three Thelypteris cyatheoides changed to Discussion of the Plant Taxa’’ section populations to five occurrences; Christella cyatheoides (Palmer in press) and in ‘‘Table 2.—Summary of existing Plantago princeps changed from five in the discussions of Cyanea glabra, occurrences and land ownership for 70 populations to eight occurrences; Phlegmariurus mannii, and Pteris species reported from Maui and Platanthera holochila changed from lydgatei; Lipochaeta lavarum changed to Kahoolawe’’ for the species listed three populations to five occurrences; Melanthera lavarum (Wagner and below. In this final critical habitat rule, Remya mauiensis changed from three Robinson 2001) in the discussion of we have used ‘‘occurrence’’ when populations to five occurrences; Kanaloa kahoolawensis, Hedyotis reporting collections or observations of Sanicula purpurea changed from five coriacea, Hibiscus brackenridgei, and one or more plants in a specific populations to seven occurrences; Spermolepis hawaiiensis; Styphelia location. We have used ‘‘population’’ Sesbania tomentosa changed from eight tameiameiae changed to Leptecophylla when discussing conservation goals for populations to six occurrences; tameiameiae (Weiller 1999) in the the Maui and Kahoolawe plants. We Spermolepis hawaiiensis changed from discussion of Asplenium fragile var. made the following changes for these four populations to five occurrences; insulare, Bidens micrantha ssp. species: Alectryon macrococcus Tetramolopium capillare changed from kalealaha, Diellia erecta, Lysimachia changed from seven populations to 13 four populations to five occurrences; lydgatei, Melicope adscendens, occurrences; Argyroxiphium Tetramolopium remyi changed from Neraudia sericea, Phlegmariurus sandwicense ssp. macrocephalum zero populations to one occurrence; mannii, Plantago princeps, Platanthera changed from four populations to seven Vigna o-wahuensis changed from four holochila, Remyi mauiensis, Sanicula occurrences; Asplenium fragile var. populations to two occurrences; and purpurea, and Schiedea haleakalensis; insulare changed from one population Zanthoxylum hawaiiense changed from Lipochaeta integrifolia changed to to two occurrences; Bidens micrantha four populations to nine occurrences. Melanthera integrifolia (Wagner and ssp. kalealaha changed from three (6) We changed ‘‘flowering cycles, Robinson 2001) in the discussion of populations to four occurrences; pollination vectors, seed dispersal Centaurium sebaeoides and Sesbania Bonamia menziesii changed from four agents’’ to ‘‘reproduction cycles, tomentosa; Pluchea symphytifolia populations to six occurrences; dispersal agents’’ in the life history changed to Pluchea carolinensis Cenchrus agrimonioides changed from portion of the ‘‘Supplementary (Wagner and Herbst 1995) in the two populations to one occurrence; Information: Discussion of the Plant
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Taxa’’ section for the fern or fern ally Isodendrion pyrifolium, Kanaloa that the areas were not essential to the species, Asplenium fragile var. insulare, kahoolawensis, Mariscus pennatiformis, conservation of the species in question. Ctenitis squamigera, Diellia erecta, Melicope adscendens, Melicope balloui, In addition, areas were excluded based Diplazium molokaiense, Phlegmariurus Melicope knudsenii, Melicope on weighing the benefits of inclusion mannii, and Pteris lydgatei. mucronulata, Peucedanum versus exclusion pursuant to section (7) We revised the list of excluded, sandwicense, Phlegmariurus mannii, 4(b)(2) of the Act (see ‘‘Economic manmade features in the ‘‘Criteria Used Phyllostegia mannii, Phyllostegia mollis, Analysis’’). to Identify Critical Habitat’’ and section Plantago princeps, Platanthera 17.96 to include additional features holochila, Pteris lidgatei, Remya (11) In the draft rule, we proposed based on information received during mauiensis, Sanicula purpurea, Sesbania that TNCH’s Kapunakea and Waikamoi the public comment periods. tomentosa, Tetramolopium capillare, Preserves and the State’s upper Hanawi (8) We refined the elevation ranges for Tetramolopium remyi, and Vigna o- NAR not be included as critical habitat Alectryon macrococcus, Argyroxiphium wahuensis. pursuant to section 3(5)(A) of the Act, sandwicense ssp. macrocephalum, (9) We corrected the typographic error because they are not in need of special Asplenium fragile var. insulare, in the acreage published for the revised management or protection. The reasons Bonamia menziesii, Brighamia rockii, proposed rule of critical habitat on for this were discussed in detail in the Cenchrus agrimonioides, Centaurium Kahoolawe from 713 ha (1,762 ac) to proposed rule. In this final rule we have sebaeoides, Clermontia lindseyana, 7,683 ha (18,984 ac). determined that they should also be Clermontia oblongifolia ssp. mauiensis, (10) We made revisions to the unit excluded under section 4(b)(2) of the Clermontia samuelii, Colubrina boundaries based on information Act, because we have determined that oppositifolia, Ctenitis squamigera, supplied by commenters, as well as the benefits of exclusion exceed the Cyanea glabra, Cyanea lobata, Cyanea information gained from field visits to benefits of inclusion due to the positive mceldowneyi, Cyrtandra munroi, Diellia some of the sites, that indicated that the and voluntary conservation efforts erecta, Diplazium molokaiense, primary constituent elements were not underway there (see discussion under Dubautia plantaginea ssp. humilis, present in certain portions of the Analysis of Impacts Under Section Flueggea neowawraea, Geranium proposed unit, that certain changes in arboreum, Geranium multiflorum, land use had occurred on lands within 4(b)(2)). Gouania vitifolia, Hedyotis coriacea, the proposed critical habitat that would A brief summary of the modifications Hesperomannia arbuscula, Hibiscus preclude those areas from supporting made to each unit is given below (see brackenridgei, Ischaemum byrone, the primary constituent elements, or also Figure 1).
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Maui A was excluded. This area is not essential provides habitat for two populations of to the conservation of these three Alectryon macrococcus; three This unit was proposed as critical species because it has a lower populations each of Clermontia habitat for 16 species: Alectryon proportion of associated native species oblongifolia ssp. mauiensis, Ctenitis macrococcus; Clermontia oblongifolia and more nonnative species than other squamigera, and Cyanea glabra; two ssp. mauiensis; Colubrina oppositifolia; areas we consider to be essential to the populations of Cyanea lobata; four Ctenitis squamigera; Cyanea glabra; conservation of these three species. In populations of Cyrtandra munroi; one Cyanea lobata; Cyrtandra munroi; addition, there are at least eight other population of Gouania vitifolia; two Gouania vitifolia; Hedyotis mannii; locations for each of these species populations each of Hedyotis mannii Hesperomannia arbuscula; within their historical ranges on Maui and Hesperomannia arbuscula; one Phlegmariurus mannii; Platanthera and other islands which provide habitat population each of Phlegmariurus holochila; Plantago princeps; Pteris essential for their conservation and mannii and Platanthera holochila; and lydgatei; Remya mauiensis; and which are either designated as critical three populations of Sanicula purpurea Sanicula purpurea. We excluded the habitat in this final rule or have been within their historical ranges. proposed critical habitat on ML&P lands designated or proposed for designation These modifications resulted in the because the benefits of excluding them in other rules. reduction from 3,884 ha (9,598 ac) to outweighed the benefits of inclusion The area designated as critical habitat 1,632 ha (4,033 ac). This unit was (see ‘‘Analysis of Impacts Under Section for the Maui endemic species, Remya renamed Maui 17—Alectryon 4(b)(2): Other Impacts’’). Proposed mauiensis, provides habitat within its macrococcus—d, 17—Alectryon critical habitat in Maui A for Colubrina historical range for two populations. macrococcus—e, 17—Clermontia oppositifolia, Plantago princeps, and The area designated as critical habitat oblongifolia ssp. mauiensis—a, 17— Pteris lydgatei, all multi-island species, for the following multi-island species Clermontia oblongifolia ssp.
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mauiensis—c, 17—Ctenitis mannii and Plantago princeps; two features essential to these species will squamigera—b, 17—Ctenitis populations of Pteris lidgatei; and four persist there because they have a lower squamigera—c, 17—Cyanea glabra—e, populations of Sanicula purpurea. proportion of associated native species 17—Cyanea glabra—f, 17—Cyanea These modifications resulted in the than other areas we consider to be lobata—a, 17—Cyrtandra munroi—a, reduction from 4,736 ha (11,701 ac) to essential to the conservation of these six 17—Cyrtandra munroi—b, 17—Gouania 1,760 ha (4,349 ac). This unit was species and they have a low likelihood vitifolia—a, 17—Hedyotis mannii—a, renamed 17—Clermontia oblongifolia of being managed for conservation. In 17—Hesperomannia arbuscula—a, 17— ssp. mauiensis—b, 17—Clermontia addition, there are at least eight other Phlegmariurus mannii—d, 17— oblongifolia ssp. mauiensis—c, 17— locations for each of these species Platanthera holochila—c, 17—Remya Cyanea lobata—c, 17—Cyrtandra designated elsewhere on Maui and mauiensis—b, 17—Remya mauiensis— munroi—c, 17—Diplazium proposed or designated on other islands c, 17—Sanicula purpurea—b, 18— molokaiense—c, 17—Phlegmariurus within their historical ranges. Alectryon macrococcus—f, 18—Ctenitis mannii—d, 17—Plantago princeps—b, The area designated as critical habitat squamigera—d, and 18—Remya 17—Pteris lidgatei—a, 17—Sanicula for the Maui endemic species provides mauiensis—d. purpurea—a, 17—Sanicula purpurea— habitat for six populations of Dubautia b, and 17—Sanicula purpurea—c. plantaginea ssp. humilis and four Maui B populations of Remya mauiensis within Maui C This unit was proposed as critical their historical ranges. The area habitat for 11 species: Clermontia This unit was proposed as critical designated as critical habitat for the oblongifolia ssp. mauiensis; Ctenitis habitat for three species: Brighamia multi-island species provides habitat for squamigera; Cyanea lobata; Cyrtandra rockii; Centaurium sebaeoides; and one population of Cenchrus munroi; Diplazium molokaiense; Sesbania tomentosa. Modifications were agrimonioides; two populations of Hesperomannia arborescens; made to this unit to exclude areas that Ctenitis squamigera; four populations of Phlegmariurus mannii; Platanthera do not contain the primary constituent Cyanea glabra; two populations each of holochila; Plantago princeps; Pteris elements for these species. Cyanea grimesiana ssp. grimesiana, lydgatei; and Sanicula purpurea. We The area designated as critical habitat Cyanea lobata, and Diellia erecta; three excluded the proposed critical habitat for these multi-island species provides populations of Diplazium molokaiense; on ML&P lands because the benefits of habitat within their historical ranges for one population of Gouania vitifolia; two excluding them outweighed the benefits two populations of Brighamia rockii and populations each of Hedyotis coriacea of inclusion (see ‘‘Analysis of Impacts one population each of Centaurium and Hedyotis mannii; five populations Under Section 4(b)(2): Other Impacts’’). sebaeoides and Sesbania tomentosa. of Hesperomannia arbuscula; three As a result, no critical habitat was These modifications resulted in the populations of Hibiscus brackenridgei; designated for Hesperomannia reduction from 356 ha (880 ac) to 110 eight populations of Lysimachia arborescens, a multi-island species, on ha (270 ac). This unit was renamed 2— lydgatei; one population each of Maui because all of the habitat proposed Brighamia rockii—a, 2—Brighamia Peucedanum sandwicense, for this species is within these lands. rockii—b, 2—Centaurium sebaeoides— Phlegmariurus mannii, Plantago However, we have proposed (67 FR b, and 1—Sesbania tomentosa—a. princeps, Platanthera holochila, and 37108) and designated (68 FR 12981) Maui D Pteris lidgatei; three populations of critical habitat on other islands within Sanicula purpurea; and one population its historical range. We excluded the This unit was proposed as critical of Spermolepis hawaiiensis within their proposed critical habitat for the multi- habitat for 28 species: Cenchrus historical ranges. island species Ctenitis squamigera and agrimonioides; Clermontia oblongifolia These modifications resulted in the Platanthera holochila in Maui B. Areas ssp. mauiensis; Ctenitis squamigera; reduction from 7,162 ha (17,698 ac) to proposed for these two species were Cyanea glabra; Cyanea grimesiana ssp. 6,358 ha (15,709 ac). This unit was excluded because they are not essential grimesiana; Cyanea lobata; Cyrtandra renamed 17—Cenchrus agrimonioides— to the conservation of these two species. munroi; Diellia erecta; Diplazium b, 17—Ctenitis squamigera—a, 17— We are designating adequate and more molokaiense; Dubautia plantaginea ssp. Cyanea glabra—d, 17—Cyanea glabra— appropriate habitat elsewhere on Maui humilis; Gouania vitifolia; Hedyotis e, 17—Cyanea glabra—g, 17—Cyanea for these two species in this final rule coriacea; Hedyotis mannii; grimesiana ssp. grimesiana—a, 17— and have designated or proposed for Hesperomannia arbuscula; Hibiscus Cyanea lobata—b, 17—Diellia erecta—c, designation habitat on other islands brackenridgei; Isodendrion pyrifolium; 17—Diellia erecta—d, 17—Diellia within their historical ranges. There is Lysimachia lydgatei; Neraudia sericea; erecta—e, 17—Diellia erecta—f, 17— a lower likelihood that the biological Peucedanum sandwicense; Diplazium molokaiense—c, 17— features essential to these species will Phlegmariurus mannii; Plantago Dubautia plantaginea ssp. humilis—a, persist there because these areas have a princeps; Platanthera holochila; Pteris 17—Dubautia plantaginea ssp. low likelihood of being managed by the lydgatei; Remya mauiensis; Sanicula humilis—b, 17—Dubautia plantaginea landowner for conservation. In addition, purpurea; Spermolepis hawaiiensis; ssp. humilis—c, 17—Gouania vitifolia— there are at least eight other locations Tetramolopium capillare; and a, 17—Hedyotis coriacea—a, 17— for each of these species within their Tetramolopium remyi. We excluded the Hedyotis coriacea—b, 17—Hedyotis historical ranges on Maui and other proposed critical habitat in Maui D for mannii—a, 17—Hesperomannia islands. Clermontia oblongifolia ssp. mauiensis, arbuscula—a, 17—Hesperomannia The area designated as critical habitat Cyrtandra munroi, Isodendrion arbuscula—b, 17—Hibiscus for the multi-island species provides pyrifolium, Neraudia sericea, brackenridgei—b, 17—Lysimachia habitat within historical range for six Tetramolopium capillare, and lydgatei—a, 17—Lysimachia lydgatei— populations of Clermontia oblongifolia Tetramolopium remyi. Areas proposed b, 17—Lysimachia lydgatei—c, 17— ssp. mauiensis; three populations each for these six species were excluded Lysimachia lydgatei—d, 17— of Cyanea lobata, Cyrtandra munroi, because they are not essential to the Lysimachia lydgatei—e, 17— and Diplazium molokaiense; one conservation of these species. There is Peucedanum sandwicense—b, 17— population each of Phlegmariurus a lower likelihood that the biological Phlegmariurus mannii—e, 17—Plantago
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princeps—b, 17—Platanthera Peucedanum sandwicense within their Argyroxiphium sandwicense ssp. holochila—b, 17—Pteris lidgatei—b, historical ranges. macrocephalum and Geranium 17—Remya mauiensis—a, 17—Remya These modifications resulted in the multiflorum, four populations of mauiensis—b, 17—Sanicula purpurea— reduction from 83 ha (185 ac) to 52 ha Lipochaeta kamolensis, and one b, 17—Spermolepis hawaiiensis—b, and (128 ac). This unit was renamed 3— population of Melicope adscendens 16—Hibiscus brackenridgei—a. Brighamia rockii—c, 4—Brighamia within their historical ranges. The area rockii—d, 5—Brighamia rockii—e, 5— designated as critical habitat for the Maui E Ischaemum byrone—a, 7—Ischaemum multi-island species provides habitat for This unit was proposed as critical byrone—b, 5— Mariscus two populations of Alectryon habitat for two multi-island species, pennatiformis—a, and 4—Peucedanum macrococcus; four populations of Bonamia menziesii and Hibiscus sandwicense—a. Bidens micrantha ssp. kalealaha; one brackenridgei. The entire unit is Maui H population each of Bonamia menziesii eliminated from the final rule. There is and Cenchrus agrimonioides; two a lower likelihood that the biological This unit was proposed as critical populations of Clermontia lindseyana; features essential to these species will habitat for 25 species: Alectryon one population each of Colubrina persist there because the area has a low macrococcus; Argyroxiphium oppositifolia, Diellia erecta, Diplazium likelihood of being managed for sandwicense ssp. macrocephalum; molokaiense, and Flueggea conservation and there are 10 other Bidens micrantha ssp. kalealaha; neowawraea; two populations each of Bonamia menziesii; Cenchrus locations that have been designated or Melicope knudsenii and Melicope agrimonioides; Clermontia lindseyana; proposed to meet the recovery goal of 8 mucronulata; three populations of Colubrina oppositifolia; Diellia erecta; to 10 populations throughout their Neraudia sericea; two populations of Diplazium molokaiense; Flueggea historical ranges on this and other Nototrichium humile; one population of neowawraea; Geranium arboreum; islands. There is also habitat designated Phlegmariurus mannii; two populations Geranium multiflorum; Lipochaeta elsewhere on Maui for Bonamia of Phyllostegia mollis; and one kamolensis; Melicope adscendens; menziesii and Hibiscus brackenridgei. population each of Plantago princeps, Melicope knudsenii; Melicope Exclusion of this unit from critical Sesbania tomentosa, and Spermolepis mucronulata; Neraudia sericea; habitat for Bonamia menziesii and hawaiiensis within their historical Nototrichium humile; Phlegmariurus Hibiscus brackenridgei resulted in the ranges. mannii; Phyllostegia mollis; Plantago These modifications resulted in the overall reduction of 14,101 ha (34,843 princeps; Sesbania tomentosa; Schiedea ac) of critical habitat on Maui. reduction from 14,101 ha (34,843 ac) to haleakalensis; Spermolepis hawaiiensis; 9,823 ha (24,270 ac). This unit was Maui F and Zanthoxylum hawaiiense. We renamed 9—Argyroxiphium excluded the proposed critical habitat sandwicense ssp. macrocephalum—a, No changes were made to Maui F. The on Ulupalakua and Haleakala Ranch 9—Bidens micrantha ssp. kalealaha—b, area designated as critical habitat for the lands because the benefits of excluding 9—Clermontia lindseyana—a, 9— multi-island species Vigna o-wahuensis these lands outweighed the benefits of Clermontia lindseyana—b, 9—Diellia provides habitat within its historical including them in critical habitat (see erecta—b, 9—Diplazium molokaiense— range for one population. This unit ‘‘Analysis of Impacts Under Section b, 9—Flueggea neowawraea—a, 9— remains 144 ha (357 ac) but was 4(b)(2)’’). We excluded the proposed Geranium multiflorum—c, 9— renamed 12—Vigna o-wahuensis—a. critical habitat for the Maui endemics Lipochaeta kamolensis—a, 9—Melicope Maui G Geranium arboreum and Schiedea knudsenii—a, 9—Melicope haleakalensis, and the multi-island mucronulata—a, 9—Neraudia sericea— This unit was proposed as critical species Zanthoxylum hawaiiense. Areas a, 9—Nototrichium humile—a, 9— habitat for four species: Brighamia proposed for these three species were Phlegmariurus mannii—b, 9— rockii; Ischaemum byrone; Mariscus excluded because we have proposed Phyllostegia mollis—b, 9—Plantago pennatiformis; and Peucedanum adequate and more appropriate habitat princeps—a, 10—Alectryon sandwicense. Modifications were made elsewhere on Maui and, for Z. macrococcus—b, 11—Lipochaeta to this unit to exclude areas that do not hawaiiense, on other islands within its kamolensis—b, 13—Alectryon contain the primary constituent historical ranges. The portion excluded macrococcus—c, 13—Bonamia elements for these species. The portion was not essential to the conservation of menziesii—a, 13—Cenchrus excluded was not essential to the these three species because it has a agrimonioides—a, 13—Colubrina conservation of these four species lower proportion of associated native oppositifolia—a, 13—Flueggea because it has a lower proportion of species than other areas we consider to neowawraea—b, 13—Melicope associated native species than other be essential to the conservation of these adscendens—a, 13—Melicope areas we consider to be essential to the three species, it has a low likelihood of knudsenii—b, 13—Melicope conservation of these four species, it has being managed for conservation mucronulata—b, 13—Sesbania a low likelihood of being managed for (Urdman in litt., 2002; Silva in litt., tomentosa—b, and 13—Spermolepis conservation (Buck, in litt. 2002), and 2002), and there are at least eight other hawaiiensis—a. there are at least eight other locations locations that have been designated or that have been designated or proposed proposed to meet the recovery goal of 8 Maui I to meet the recovery goal of 8 to 10 to 10 populations throughout their This unit was proposed as critical populations throughout their historical historical ranges on this and other habitat for 11 species: Argyroxiphium ranges on this and other islands. islands. There is habitat designated sandwicense ssp. macrocephalum; The area designated as critical habitat elsewhere on Maui for Geranium Asplenium fragile var. insulare; Bidens for these multi-island species provides arboreum, Schiedea haleakalensis, and micrantha ssp. kalealaha; Clermontia habitat for one population of Brighamia Zanthoxylum hawaiiense. lindseyana; Diellia erecta; Diplazium rockii, two populations each of The area designated as critical habitat molokaiense; Geranium arboreum; Ischaemum byrone and Mariscus for the Maui endemic species provides Geranium multiflorum; Phlegmariurus pennatiformis, and one population of habitat for one population each of mannii; Phyllostegia mollis; and
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Plantago princeps. We excluded the multiflorum, and Platanthera holochila conservation of these five species, and proposed critical habitat on Haleakala in Maui J. This area is not essential to there are at least eight other locations Ranch lands because the benefits of the conservation of these three species that have been designated or proposed excluding these lands outweighed the because it has a lower proportion of to meet the recovery goal of 8 to 10 benefits of including them in critical associated native species than other populations throughout their historical habitat (see 4(b)(2) exclusion section). areas we consider to be essential to the ranges on this and other islands. We excluded the proposed critical conservation of these three species. For The area designated as critical habitat habitat for the Maui endemic Geranium the Maui endemic Argyroxiphium for the Maui endemic species provides arboreum and the multi-island species sandwicense ssp. macrocephalum, the habitat for six populations of Geranium Diplazium molokaiense, Phlegmariurus recovery goal is one population with multiflorum, two populations of mannii, Phyllostegia mollis, and more than 50,000 individuals. We are Melicope balloui, and three populations Plantago princeps. The portion designating habitat essential for the of Melicope ovalis within their excluded was not essential to the conservation of this species in Maui historical ranges. The area designated as conservation of these five species unit 9. There are at least eight other critical habitat for the multi-island because it has a lower proportion of locations on Maui which provide species provides habitat for five associated native species than other habitat for the endemic species populations of Clermontia samuelii, areas we consider to be essential to the Geranium multiflorum that are being three populations each of Cyanea glabra conservation of these five species. There designated as critical habitat. There are and Phlegmariurus mannii, and one is a lower likelihood that the biological at least eight other locations in its population of Platanthera holochila features essential to these species will historical range on Maui and other within their historical ranges. persist there because it has a low islands that provide habitat for the These modifications resulted in the likelihood of being managed for multi-island species Platanthera reduction from 5,464 ha (13,502 ac) to conservation (Silva in litt., 2002). There holochila that are being designated as 5,458 ha (13,487 ac). This unit was is habitat designated elsewhere on Maui critical habitat, have been designated as renamed 9—Clermontia samuelii—a, for Diplazium molokaiense, Geranium critical habitat, or have been proposed 9—Cyanea glabra—b, 9—Cyanea arboreum, Phlegmariurus mannii, for designation. glabra—c, 9—Geranium multiflorum— Phyllostegia mollis, and Plantago The area designated as critical habitat b, 9—Melicope balloui—b, 9—Melicope princeps. for the Maui endemic species Schiedea ovalis—a, 9—Phlegmariurus mannii—c, The area designated as critical habitat haleakalensis provides habitat within and 9—Platanthera holochila—a. for the Maui endemic species provides its historical range for four populations. Maui L habitat for one population of The area designated as critical habitat Argyroxiphium sandwicense ssp. for the multi-island species provides This unit was proposed as critical macrocephalum, three populations of habitat for two populations of habitat for 16 species: Alectryon Geranium arboreum, and six Asplenium fragile var. insulare, three macrococcus; Argyroxiphium populations of Geranium multiflorum populations of Bidens micrantha ssp. sandwicense ssp. macrocephalum; within their historical ranges. The area kalealaha, five populations of Asplenium fragile var. insulare; designated as critical habitat for the Clermontia samuelii, and one Clermontia samuelii; Cyanea copelandii multi-island species provides habitat for population of Plantago princeps within ssp. haleakalaensis; Cyanea glabra; two populations of Asplenium fragile their historical ranges. Cyanea hamatiflora ssp. hamatiflora; var. insulare, four populations of Bidens These modifications resulted in the Cyanea mceldowneyi; Diplazium micrantha ssp. kalealaha, and one reduction from 5,790 ha (14,308 ac) to molokaiense; Geranium multiflorum; population each of Clermontia 5,785 ha (14,295 ac). This unit was Melicope balloui; Phlegmariurus lindseyana and Diellia erecta within renamed 9—Asplenium fragile var. mannii; Phyllostegia mannii; their historical ranges. insulare—a, 9—Bidens micrantha ssp. Phyllostegia mollis; Platanthera These modifications resulted in the kalealaha—a, 9—Clermontia samuelii— holochila; and Zanthoxylum reduction from 3,491 ha (8,625 ac) to a, 9—Plantago princeps—a, 9— hawaiiense. We excluded the proposed 2,961 ha (7,383 ac). This unit was Schiedea haleakalensis—a, and 9— critical habitat for the Maui endemic renamed 9—Argyroxiphium Schiedea haleakalensis—b. Cyanea mceldowneyi, and the multi- sandwicense ssp. macrocephalum—a, island species Alectryon macrococcus Maui K 9—Asplenium fragile var. insulare—a, and Asplenium fragile var. insulare. The 9—Bidens micrantha ssp. kalealaha—b, This unit was proposed as critical portion excluded has a lower likelihood 9—Clermontia lindseyana—b, 9— habitat for 11 species: Alectryon that the biological features essential to Diellia erecta—a, 9—Geranium macrococcus; Clermontia samuelii; these species will persist because it has multiflorum—b, 14—Geranium Cyanea copelandii ssp. haleakalaensis; a low likelihood of being managed for arboreum—b, and 15—Geranium Cyanea glabra; Cyanea hamatiflora ssp. conservation. In addition, there are at arboreum—c. hamatiflora; Geranium multiflorum; least eight other locations that have Melicope balloui; Melicope ovalis; been designated or proposed to meet the Maui J Phlegmariurus mannii; Plantago recovery goal of 8 to 10 populations This unit was proposed as critical princeps; and Platanthera holochila. We throughout their historical ranges on habitat for eight species: Argyroxiphium excluded the proposed critical habitat this and other islands. sandwicense ssp. macrocephalum; for Alectryon macrococcus, Clermontia The area designated as critical habitat Asplenium fragile var. insulare; Bidens samuelii, Cyanea copelandii ssp. for the Maui endemic species provides micrantha ssp. kalealaha; Clermontia haleakalaensis, Cyanea hamatiflora ssp. habitat for one population of samuelii; Geranium multiflorum; hamatiflora, and Plantago princeps. Argyroxiphium sandwicense ssp. Plantago princeps; Platanthera This area is not essential to the macrocephalum, three populations of holochila; and Schiedea haleakalensis. conservation of these five species Cyanea copelandii ssp. haleakalaensis We excluded the proposed critical because it has a lower proportion of and Cyanea hamatiflora ssp. habitat for Argyroxiphium sandwicense associated native species than other hamatiflora, seven populations of ssp. macrocephalum, Geranium areas we consider to be essential to the Geranium multiflorum, and one
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population of Melicope balloui within species. In addition, there are 10 other Critical habitat receives protection their historical ranges. The area locations that have been designated or under section 7 of the Act through the designated as critical habitat for the proposed to meet the recovery goal of 8 prohibition against destruction or multi-island species provides habitat for to 10 populations throughout their adverse modification of critical habitat five populations of Clermontia samuelii; historical ranges on this and other with regard to actions carried out, two populations each of Cyanea glabra, islands. Modifications were also made funded, or authorized by a Federal Diplazium molokaiense, Phlegmariurus to this unit to exclude areas that do not agency. Section 7 also requires mannii, and Phyllostegia mannii; and contain the primary constituent conferences on Federal actions that are one population each of Phyllostegia elements for Kanaloa kahoolawensis. likely to result in the destruction or mollis, Platanthera holochila, and The area designated as critical habitat adverse modification of proposed Zanthoxylum hawaiiense within their for the multi-island species Kanaloa critical habitat. In our regulations at 50 historical ranges. kahoolawensis provides habitat within CFR 402.02, we define destruction or These modifications resulted in the its historical range for seven adverse modification as ‘‘* * * a direct reduction from 4,612 ha (11,396 ac) to populations. or indirect alteration that appreciably 3,608 ha (8,916 ac). This unit was These modifications resulted in the diminishes the value of critical habitat renamed 8—Cyanea copelandii ssp. reduction from 7,683 ha (18,984 ac) to for both the survival and recovery of a haleakalaensis—a, 8—Cyanea glabra— 1,175 ha (2,903 ac). This unit was listed species. Such alterations include, a, 8—Cyanea hamatiflora ssp. renamed Kahoolawe 1—Kanaloa but are not limited to, alterations hamatiflora—a, 8—Diplazium kahoolawensis—a and Kahoolawe 2— adversely modifying any of those molokaiense—a, 8—Geranium Kanaloa kahoolawensis—b. physical or biological features that were multiflorum—a, 8—Melicope balloui—a, the basis for determining the habitat to 8—Phlegmariurus mannii—a, 8— Kahoolawe B be critical.’’ However, in the March 15, Phyllostegia mannii—a, 8—Phyllostegia This unit was proposed as critical 2001, decision of the United States mollis—a, 8—Zanthoxylum habitat for two species: Kanaloa Court of Appeals for the Fifth Circuit hawaiiense—a, 9—Argyroxiphium kahoolawensis and Sesbania tomentosa. (Sierra Club v. U.S. Fish and Wildlife sandwicense ssp. macrocephalum—a, We excluded the proposed critical Service et al., 245 F.3d 434) regarding a 9—Clermontia samuelii—a, 9— habitat for the multi-island species not prudent finding, the Court found Geranium multiflorum—b, and 9— Sesbania tomentosa. There is a lower our definition of destruction or adverse Platanthera holochila—a. likelihood that the biological features modification as currently contained in Maui M essential to this species will persist 50 CFR 402.02 to be invalid. In response to this decision, we are reviewing the This unit was proposed as critical there because it has a low likelihood of habitat for Spermolepis hawaiiense. The being managed for conservation (KIRC, regulatory definition of adverse entire area proposed for this species is in litt. 2002) and there are10 other modification in relation to the eliminated from this final rule. There is locations that have been designated to conservation of the species. a lower likelihood that the biological meet the recovery goal of 8 to 10 In order to be included in a critical features essential to these species will populations throughout its historical habitat designation, areas within the persist there because it has a low range on this and other islands. geographical range of the species at the likelihood of being managed for The area designated as critical habitat time of listing must contain the physical conservation (Buck, in litt. 2002) and it for the multi-island species Kanaloa or biological features essential to the has a lower proportion of associated kahoolawensis provides habitat within conservation of the species or, for an native species than other areas we its historical range for one population. area outside the geographical area consider to be essential to the There was no change in the area occupied by the species at the time of conservation of this species. In addition, proposed in the final designation. It listing, the area itself must be essential there are 10 other locations that have remains at 5 ha (12 ac). This unit was to the conservation of the species (16 been designated or proposed to meet the renamed Kahoolawe 3—Kanaloa U.S.C. 1532(5)(A)). recovery goal of 8 to 10 populations kahoolawensis—c. Section 4 of the Act requires that we designate critical habitat for a species, to throughout their historical ranges on Critical Habitat this and other islands. There is habitat the extent such habitat is determinable, designated elsewhere on Maui for Critical habitat is defined in section 3 at the time of listing. When we Spermolepis hawaiiense. of the Act as—(i) The specific areas designate critical habitat at the time of within the geographic area occupied by listing or under short court-ordered Kahoolawe A a species, at the time it is listed in deadlines, we may not have sufficient This unit was proposed as critical accordance with the Act, on which are information to identify all the areas habitat for four species: Hibiscus found those physical or biological essential for the conservation of the brackenridgei; Kanaloa kahoolawensis; features (I) essential to the conservation species, we may inadvertently include Sesbania tomentosa; and Vigna o- of the species and (II) that may require areas that later will be shown to be wahuensis. We excluded the proposed special management considerations or nonessential. Nevertheless, we are critical habitat for Hibiscus protection; and (ii) specific areas required to designate those areas we brackenridgei, Sesbania tomentosa, and outside the geographic area occupied by know to be critical habitat, using the Vigna o-wahuensis. There is a lower a species at the time it is listed, upon best information available to us. likelhood that the biological features a determination that such areas are Within the geographic areas occupied essential to these species will persist essential for the conservation of the by the species, we will designate only there because it has a low likelihood of species. ‘‘Conservation,’’ as defined by areas that have features and habitat being managed for conservation (KIRC, the Act, means the use of all methods characteristics that are necessary to in litt. 2002) and it has a lower and procedures that are necessary to sustain the species. If the information proportion of associated native species bring an endangered or a threatened available at the time of designation does than other areas we consider to be species to the point at which listing not show that an area provides essential essential to the conservation of this under the Act is no longer necessary. life cycle needs of the species, then the
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area should not be included in the available to these planning efforts calls Due to low numbers of individuals critical habitat designation. for a different outcome. Furthermore, and/or populations and their inherent Our regulations state that ‘‘The we recognize that designation of critical immobility, the other 24 plants may be Secretary shall designate as critical habitat may not include all of the vulnerable to unrestricted collection, habitat areas outside the geographical habitat areas that may eventually be vandalism, or disturbance. However, we area presently occupied by a species determined to be necessary for the examined the evidence available for only when a designation limited to its recovery of the species. these taxa and have not, at this time, present range would be inadequate to found specific evidence of taking, Prudency ensure the conservation of the species’ vandalism, collection or trade of these (50 CFR 424.12(e)). Accordingly, when Designation of critical habitat is not taxa or of similar species. Consequently, the best available scientific and prudent when one or both of the while we remain concerned that these commercial data do not demonstrate following situations exist: (i) The activities could potentially threaten that the conservation needs of the species is threatened by taking or other these 24 plant species in the future, species require designation of critical human activity, and identification of consistent with applicable regulations habitat outside of occupied areas, we critical habitat can be expected to (50 CFR 424.12(a)(1)(i)) and the court’s will not designate critical habitat in increase the degree of such threat to the discussion of these regulations, we do areas outside the geographic area species; or (ii) such designation of not find that any of these species are occupied by the species. critical habitat would not be beneficial currently threatened by taking or other Our Policy on Information Standards to the species (50 CFR 424.12(a)(1)). human activity, which would be Under the Endangered Species Act, To determine whether critical habitat exacerbated by the designation of published in the Federal Register on would be prudent for each species, we critical habitat. July 1, 1994 (59 FR 34271), provides analyzed the potential threats and In the absence of finding that critical criteria, establishes procedures, and benefits for each species in accordance habitat would increase threats to a provides guidance to ensure that our with the court’s order. In the final species, if there are any benefits to decisions represent the best scientific critical habitat rule published for Kauai critical habitat designation, then a and commercial data available. It and Niihau plants, we determined that prudent finding is warranted. The requires our biologists, to the extent designation of critical habitat was not potential benefits include: (1) Triggering consistent with the Act and with the use prudent for Acaena exigua, a species section 7 consultation in new areas of the best scientific and commercial reported from Maui as well as from where it would not otherwise occur; (2) data available, to use primary and Kauai because it had not been seen focusing conservation activities on the original sources of information as the recently in the wild, and no genetic most essential area; (3) providing basis for recommendations to designate material of this species was known to educational benefits to State or county critical habitat. When determining exist (68 FR 9115). In other final rules, governments or private entities; and (4) which areas are critical habitat, a we have found that critical habitat preventing people from causing primary source of information should be would be prudent for the following 45 inadvertent harm to the species. the listing package for the species. species that are reported from Maui and In the case of these 24 species, there Additional information may be obtained Kahoolawe as well as from Lanai, Kauai, would be some benefits to critical from recovery plans, articles in peer- Niihau, and Molokai: Adenophorus habitat. The primary regulatory effect of reviewed journals, conservation plans periens; Alectryon macrococcus; Bidens critical habitat is the section 7 developed by States and counties, micrantha ssp. kalealaha; Bonamia requirement that Federal agencies scientific status surveys and studies, menziesii; Brighamia rockii; Cenchrus refrain from taking any action that and biological assessments or other agrimonioides; Centaurium sebaeoides; destroys or adversely affects critical unpublished materials. Clermontia oblongifolia ssp. mauiensis; habitat. Thirteen of these species are It is important to clearly understand Clermontia samuelii; Ctenitis reported on or near Federal lands (see that critical habitat designations do not squamigera; Cyanea copelandii ssp. Table 2 above, under ‘‘Discussion of signal that habitat outside the haleakalaensis; Cyanea glabra; Cyanea Plant Taxa’’), where actions are subject designation is unimportant or may not grimesiana ssp. grimesiana; Cyanea to section 7 consultation. Although a be required for recovery. Areas outside hamatiflora ssp. hamatiflora; Cyanea majority of the species considered in the critical habitat designation will lobata; Cyrtandra munroi; Delissea this rule are located exclusively on non- continue to be subject to conservation undulata; Diellia erecta; Diplazium Federal lands with limited Federal actions that may be implemented under molokaiense; Flueggea neowawraea; activities, there could be Federal actions section 7(a)(1) and to the regulatory Hedyotis mannii; Hesperomannia affecting these lands in the future. protections afforded by the Act’s 7(a)(2) arborescens; Hibiscus brackenridgei; While a critical habitat designation for jeopardy standard and section 9 Ischaemum byrone; Isodendrion habitat currently occupied by these prohibitions, as determined on the basis pyrifolium; Kanaloa kahoolawensis; species would not likely change the of the best available information at the Mariscus pennatiformis; Melicope section 7 consultation outcome, since an time of the action. We specifically knudsenii; Melicope mucronulata; action that destroys or adversely anticipate that federally funded or Neraudia sericea; Peucedanum modifies such critical habitat would assisted projects affecting listed species sandwicense; Phlegmariurus mannii; also be likely to result in jeopardy to the outside their designated critical habitat Phyllostegia mannii; Phyllostegia mollis; species, there may be instances where areas may still result in jeopardy Phyllostegia parvilfora; Plantago section 7 consultation would be findings in some cases. Similarly, princeps; Platanthera holochila; Pteris triggered only if critical habitat were critical habitat designations made on the lidgatei; Schiedea nuttallii; Sesbania designated. There would also be some basis of the best available information at tomentosa; Solanum incompletum; educational or informational benefits to the time of designation will not control Spermolepis hawaiiensis; the designation of critical habitat. the direction and substance of future Tetramolopium remyi; Vigna o- Benefits of designation would include recovery plans, habitat conservation wahuensis; and Zanthoxylum the notification of land owners, land plans, or other species conservation hawaiiense (64 FR 48307, 68 FR 1219, managers, and the general public of the planning efforts if new information 68 FR 9115, 68 FR 12981). importance of protecting the habitat of
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these species and dissemination of Phyllostegia parviflora, Plantago critical habitat as defined by the Act. information regarding their essential princeps, Platanthera holochila, Pteris More data have been collected since the habitat requirements. lidgatei, Remya mauiensis, Sanicula recommendations made by the HPPRCC Therefore, we believe that the purpurea, Schiedea haleakalensis, in 1998. Much of the area that was designation of critical habitat is prudent Schiedea hookeri, Schiedea nuttallii, identified by the HPPRCC as for these 24 plant species: Sesbania tomentosa, Solanum inadequately surveyed has now been Argyroxiphium sandwicense ssp. incompletum, Spermolepis hawaiiensis, surveyed to some degree. New location macrocephalum; Asplenium fragile var. Tetramolopium arenarium, data for many species have been insulare; Clermontia lindseyana; Tetramolopium capillare, gathered. Also, the HPPRCC identified Clermontia peleana; Colubrina Tetramolopium remyi, Vigna o- areas as essential based on species oppositifolia; Cyanea mceldowneyi; wahuensis, and Zanthoxylum clusters (areas that included listed Dubautia plantaginea ssp. humilis; hawaiiense. This information included species, as well as candidate species Geranium arboreum; Geranium the known locations, site-specific and species of concern) while we have multiflorum; Gouania vitifolia; Hedyotis species information from the HINHP only delineated areas that are essential coriacea; Hesperomannia arbuscula; database and our own rare plant for the conservation of the specific Lipochaeta kamolensis; Lysimachia database; species information from the listed species at issue. As a result, the lydgatei; Melicope adscendens; Center for Plant Conservation’s (CPC’s) critical habitat designations in this rule Melicope balloui; Melicope ovalis; rare plant monitoring database housed include not only some habitat that was Nototrichium humile; Remya mauiensis; at the University of Hawaii’s Lyon identified as essential in the 1998 Sanicula purpurea; Schiedea Arboretum; island-wide Geographic recommendations but also habitat that haleakalensis; Schiedea hookeri; Information System (GIS) coverages was not identified as essential in those Tetramolopium arenarium; and (e.g., vegetation, soils, annual rainfall, recommendations. Tetramolopium capillare because the elevation contours, land ownership); the Primary Constituent Elements potential benefits of critical habitat final listing rules for these 69 species; designation outweigh the potential the December 18, 2000, proposal; the In accordance with section 3(5)(A)(i) threats. April 3, 2002, revised proposal; of the Act and regulations at 50 CFR 424.12, in determining which areas to Methods information received during the public comment periods and the public propose as critical habitat, we are As required by the Act and hearings; recent biological surveys and required to base critical habitat regulations (section 4(b)(2) and 50 CFR reports; our recovery plans for these determinations on the best scientific 424.12), we used the best scientific species; any species and management and commercial data available and to information available to determine areas information received from landowners, consider those physical and biological that contain the physical and biological land managers, and interested parties features (primary constituent elements) features that are essential for the for the islands of Maui and Kahoolawe; that are essential to the conservation of conservation of Adenophorus periens, discussions with botanical experts; and the species and that may require special Alectryon macrococcus, Argyroxiphium recommendations from the Hawaii and management considerations or sandwicense ssp. macrocephalum, Pacific Plant Recovery Coordinating protection. These features include, but Asplenium fragile var. insulare, Bidens Committee (HPPRCC) (see also the are not limited to: Space for individual micrantha ssp. kalealaha, Bonamia discussion below) (GDSI 2000; HINHP and population growth, and for normal menziesii, Brighamia rockii, Cenchrus Database 2000; HPPRCC 1998; Service behavior; food, water, air, light, agrimonioides, Centaurium sebaeoides, 1995a, 1995b, 1996a, 1996b, 1997, minerals, or other nutritional or Clermontia lindseyana, Clermontia 1998a, 1998b, 1999, 2001; 65 FR 66808; physiological requirements; cover or oblongifolia ssp. mauiensis, Clermontia 67 FR 3940; CPC, in litt. 1999). shelter; sites for breeding, reproduction, samuelii, Clermontia peleana, In 1994, the HPPRCC initiated an or rearing of offspring, germination, or Colubrina oppositifolia, Ctenitis effort to identify and map habitat seed dispersal; and habitats that are squamigera, Cyanea copelandii ssp. believed to be important for the protected from disturbance or are haleakalaensis, Cyanea glabra, Cyanea recovery of 282 endangered and representative of the historic grimesiana ssp. grimesiana, Cyanea threatened Hawaiian plant species. The geographical and ecological hamatiflora ssp. hamatiflora, Cyanea HPPRCC identified these areas on most distributions of a species. lobata, Cyanea mceldowneyi, Cyrtandra of the islands in the Hawaiian chain, Much of what is known about the munroi, Delissea undulata, Diellia and in 1999, we published them in our specific physical and biological erecta, Diplazium molokaiense, Recovery Plan for the Multi-Island requirements of Alectryon macrococcus, Dubautia plantaginea ssp. humilis, Plants (Service 1999). The HPPRCC Argyroxiphium sandwicense ssp. Flueggea neowawraea, Geranium expects there will be subsequent efforts macrocephalum, Asplenium fragile var. arboreum, Geranium multiflorum, to further refine the locations of insulare, Bidens micrantha ssp. Gouania vitifolia, Hedyotis coriacea, important habitat areas and that new kalealaha, Bonamia menziesii, Hedyotis mannii, Hesperomannia survey information or research may also Brighamia rockii, Cenchrus arborescens, Hesperomannia arbuscula, lead to additional refinement of agrimonioides, Centaurium sebaeoides, Hibiscus brackenridgei, Ischaemum identifying and mapping of habitat Clermontia lindseyana, Clermontia byrone, Isodendrion pyrifolium, important for the recovery of these oblongifolia ssp. mauiensis, Clermontia Kanaloa kahoolawensis, Lipochaeta species. samuelii, Colubrina oppositifolia, kamolensis, Lysimachia lydgatei, The HPPRCC identified essential Ctenitis squamigera, Cyanea copelandii Mariscus pennatiformis, Melicope habitat areas for all listed, proposed, ssp. haleakalaensis, Cyanea glabra, adscendens, Melicope balloui, Melicope and candidate plants and evaluated Cyanea grimesiana ssp. grimesiana, knudsenii, Melicope mucronulata, species of concern to determine if Cyanea hamatiflora ssp. hamatiflora, Melicope ovalis, Neraudia sericea, essential habitat areas would provide for Cyanea lobata, Cyanea mceldowneyi, Nototrichium humile, Peucedanum their habitat needs. However, the Cyrtandra munroi, Diellia erecta, sandwicense, Phlegmariurus mannii, HPPRCC’s mapping of habitat is distinct Diplazium molokaiense, Dubautia Phyllostegia mannii, Phyllostegia mollis, from the regulatory designation of plantaginea ssp. humilis, Flueggea
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neowawraea, Geranium arboreum, indicate specific microclimate (localized 300 mature, reproducing individuals per Geranium multiflorum, Gouania climatic) conditions, retention and population for short-lived perennials, vitifolia, Hedyotis coriacea, Hedyotis availability of water in the soil, soil and 500 mature, reproducing mannii, Hesperomannia arbuscula, microorganism community, and individuals per population for annuals. Hibiscus brackenridgei, Ischaemum nutrient cycling and availability. The (There is one specific exception to this byrone, Isodendrion pyrifolium, locale indicates information on soil general recovery goal of 8 to 10 Kanaloa kahoolawensis, Lipochaeta type, elevation, rainfall regime, and populations for species that are believed kamolensis, Lysimachia lydgatei, temperature. Elevation indicates to be very narrowly distributed on a Mariscus pennatiformis, Melicope information on daily and seasonal single island. The recovery goal for adscendens, Melicope balloui, Melicope temperature and sun intensity. Argyroxiphium sandwicense ssp. knudsenii, Melicope mucronulata, Therefore, the descriptions of the macrocephalum is one population of Melicope ovalis, Neraudia sericea, physical elements of the locations of more than 50,000 individuals, and the Nototrichium humile, Peucedanum each of these species, including habitat critical habitat designations reflect this sandwicense, Phlegmariurus mannii, type, plant communities associated with exception for this species.) Phyllostegia mannii, Phyllostegia mollis, the species, location, and elevation, as To be considered recovered, the Plantago princeps, Platanthera described in the ‘‘Supplementary populations of a multi-island species holochila, Pteris lidgatei, Remya Information: Discussion of the Plant should be distributed among the islands mauiensis, Sanicula purpurea, Schiedea Taxa’’ section above, constitute the of its known historic range (Service haleakalensis, Sesbania tomentosa, primary constituent elements for these 1995a, 1995b, 1996a, 1996b, 1997, Spermolepis hawaiiensis, species on the islands of Maui and 1998a, 1998b, 1999, 2001). A Tetramolopium capillare, Kahoolawe. population, for the purposes of this Tetramolopium remyi, Vigna o- discussion and as defined in the Criteria Used To Identify Critical wahuensis, and Zanthoxylum recovery plans for these species, is a Habitat hawaiiense is described in the unit in which the individuals could be ‘‘Background’’ section of this final rule. The lack of detailed scientific data on regularly cross-pollinated and We are unable to identify these the life history of these plant species influenced by the same small-scale features for Adenophorus periens, makes it impossible for us to develop a events (such as landslides), and that Clermontia peleana, Delissea undulata, robust quantitative model (e.g., contains a minimum of 100, 300, or 500 Phyllostegia parviflora, Schiedea population viability analysis (National mature, reproducing individuals, hookeri, Schiedea nuttallii, Solanum Research Council 1995)) to identify the depending on whether the species is a incompletum, and Tetramolopium optimal number, size, and location of long-lived perennial, short-lived arenarium, which no longer occur on critical habitat units to achieve recovery perennial, or annual. the islands of Maui and Kahoolawe, (Beissinger and Westphal 1998; By adopting the specific recovery because information on the physical and Burgman et al. 2001; Ginzburg et al. objectives enumerated above, the biological features (i.e., the primary 1990; Karieva and Wennergren 1995; adverse effects of genetic inbreeding and constituent elements) that are Menges 1990; Murphy et al. 1990; random environmental events and considered essential to the conservation Taylor 1995). However, based on the catastrophes, such as landslides, of these eight species on Maui and best information available at this time, hurricanes, or tsunamis, which could Kahoolawe is not known. Therefore, we including information on which the destroy a large percentage of a species are not designating critical habitat for listing of these species was based, as at any one time, may be reduced these species on Maui. We are able to well as their recovery plans, we have (Menges 1990; Podolsky 2001). These identify these features for concluded that the current size and recovery objectives were initially Hesperomannia arborescens, but we are distribution of the extant populations developed by the HPPRCC and are not designating critical habitat for this are not sufficient to expect a reasonable found in all of the recovery plans for species on Maui for the reasons given in probability of long-term survival and these species. While they are expected the ‘‘Analysis of Impacts Under Section recovery of these plant species. to be further refined as more 4(b)(2): Other Impacts’’ section. For each of these species, the overall information on the population biology All areas designated as critical habitat recovery strategy outlined in the of each species becomes available, the are within the historical range of the 60 approved recovery plans includes: (1) justification for these objectives is found species at issue and contain one or more Stabilization of existing wild in the current conservation biology of the physical or biological features populations; (2) protection and literature addressing the conservation of (primary constituent elements) essential management of habitat; (3) enhancement rare and endangered plants and animals for the conservation of the species. of existing small populations and (Beissinger and Westphal 1998; As described in the discussions for reestablishment of new populations Burgman et al. 2001; Falk et al. 1996; each of the 60 species for which we are within historic range; and (4) research Ginzburg et al. 1990; Hendrix and Kyhl designating critical habitat, we are on species biology and ecology (Service 2000; Karieva and Wennergren 1995; defining the primary constituent 1995a, 1995b, 1996a, 1996b, 1997, Luijten et al. 2000; Meffe and Carroll elements on the basis of the habitat 1998a, 1998b, 1999, 2001). Thus, the 1996; Menges 1990; Murphy et al. 1990; features of the areas from which the long-term recovery of these species is Podolsky 2001; Quintana-Ascencio and plant species are reported, as described dependent upon the protection of Menges 1996; Taylor 1995; Tear et al. by the type of plant community (e.g., existing population sites and potentially 1995; Wolf and Harrison 2001). The mesic Metrosideros polymorpha forest), suitable unoccupied habitat within their overall goal of recovery in the short- associated native plant species, locale historic range. term is a successful population that can information (e.g., steep rocky cliffs, The overall recovery goal stated in the carry on basic life history processes, talus slopes, gulches, stream banks), and recovery plans for each of these species such as establishment, reproduction, elevation. The habitat features provide includes the establishment of 8 to 10 and dispersal, at a level where the the ecological components required by populations with a minimum of 100 probability of extinction is low. In the the plant. The type of plant community mature, reproducing individuals per long-term, the species and its and associated native plant species population for long-lived perennials, populations should be at a reduced risk
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of extinction and be adaptable to general, the larger the number of In this rule, we have defined the environmental change through populations and the larger the size of primary constituent elements based on evolution and migration. each population, the lower the the general habitat features of the areas Many aspects of a species’ life history probability of extinction (Meffe and from which the plants are reported, are typically considered to determine Carroll 1996; Raup 1991). This basic such as the type of plant community, guidelines for its interim stability and conservation principle of redundancy the associated native plant species, the recovery, including longevity, breeding applies to Hawaiian plant species. By physical location (e.g., steep rocky cliffs, system, growth form, fecundity, ramet (a maintaining 8 to 10 viable populations talus slopes, stream banks), and plant that is an independent member of in several critical habitat units, the elevation. The areas we are designating a clone) production, survivorship, seed threats represented by a fluctuating as critical habitat provide some or all of longevity, environmental variation, and environment are alleviated and the the habitat components essential for the successional stage of the habitat. species has a greater likelihood of conservation of the 60 plant species. Hawaiian species are poorly studied, achieving long-term survival and Our approach to delineating critical and the only one of these characteristics recovery. Conversely, loss of one or habitat units was applied in the that can be uniformly applied to all more of the plant populations within following manner: Hawaiian plant species is longevity (i.e., any critical habitat unit could result in (1) Critical habitat was proposed and long-lived perennial, short-lived an increase in the risk that the entire will be designated on an island by perennial, and annual). In general, long- listed species may not survive and island basis for ease of understanding lived woody perennial species would be recover. for landowners and the public, for ease expected to be viable at population Due to the reduced size of suitable of conducting the public hearing levels of 50 to 250 individuals per habitat areas for these Hawaiian plant process, and for ease of conducting population, while short-lived perennial species, they are now more susceptible public outreach. In Hawaii, landowners species would be viable at population to the variations and weather and the public are most interested and levels of 1,500 to 2,500 individuals or fluctuations affecting quality and affected by issues centered on the island more per population. These population quantity of available habitat, as well as on which they reside. numbers were refined for Hawaiian direct pressure from hundreds of (2) We focused on designating units plant species by the HPPRCC (1994) due species of nonnative plants and animals. representative of the known current and to the restricted distribution of suitable Establishing and conserving 8 to10 historical geographic and elevational habitat typical of Hawaiian plants and viable populations on one or more range of each species; and the likelihood of smaller genetic islands within the historic range of the (3) We designated critical habitat diversity of several species that evolved species will provide each species with units to allow for expansion of existing from one single introduction. For a reasonable expectation of persistence wild populations and reestablishment of recovery of Hawaiian plants, the and eventual recovery, even with the wild populations within the historic HPPRCC recommended a general high potential that one or more of these range, as recommended by the recovery recovery guideline of 100 mature, populations will be eliminated by plans for each species. reproducing individuals per population normal or random adverse events, such The proposed critical habitat units for long-lived perennial species, 300 as the hurricanes that occurred in 1982 were delineated by creating rough units mature, reproducing individuals per and 1992 on Kauai, fires, and nonnative for each species by screen digitizing population for short-lived perennial plant invasions (HPPRCC 1994; Luijten polygons (map units) using ArcView species, and 500 mature, reproducing et al. 2000; Mangel and Tier 1994; Pimm (Environmental Systems Research individuals per population for annual et al. 1998; Stacey and Taper 1992). We Institute, Inc.), a computer GIS program. species. conclude that designation of adequate The polygons were created by The HPPRCC also recommended the suitable habitat for 8 to 10 populations overlaying current and historic plant conservation and establishment of 8 to as critical habitat is essential to give the location points onto digital topographic 10 populations to address the numerous species a reasonable likelihood of long- maps of each of the islands. risks to the long-term survival and term survival and conservation, based The resulting shape files (delineating conservation of Hawaiian plant species. on currently available information. historic elevational range and Although absent the detailed In summary, the long-term survival potentially suitable habitat) were then information inherent to the types of and conservation of Hawaiian plant evaluated. Elevation ranges were further population viability analysis models species requires the designation of refined and land areas identified as not described above (Burgman et al. 2001), critical habitat units on one or more of suitable for a particular species (i.e., not this approach employs two widely the Hawaiian islands with suitable containing the primary constituent recognized and scientifically accepted habitat for 8 to 10 populations of each elements) were avoided. The resulting goals for promoting viable populations plant species. Some of this habitat is shape files for each species were then of listed species: (1) Creation or currently not known to be occupied by considered to define all suitable habitat maintenance of multiple populations so these species. To recover the species, it on the island, including occupied and that a single or series of catastrophic is essential to conserve suitable habitat unoccupied habitat. events cannot destroy the entire listed in these unoccupied units, which in These shape files of suitable habitat species (Luijten et al. 2000; Menges turn will allow for the establishment of were further evaluated. Several factors 1990; Quintana-Ascencio and Menges additional populations through natural were used to delineate the proposed 1996); and (2) increasing the size of each recruitment or managed reintroductions. critical habitat units from these land population in the respective critical Establishment of these additional areas. We reviewed the recovery habitat units to a level where the threats populations will increase the likelihood objectives as described above and in of genetic, demographic, and normal that the species will survive and recover recovery plans for each of the species to environmental uncertainties are in the face of normal and stochastic determine if the number of populations diminished (Hendrix and Kyhl 2000; events (e.g., hurricanes, fire, and and population size requirements Luijten et al. 2000; Meffe and Carroll nonnative species introductions) needed for conservation would be 1996; Podolsky 2001; Service 1997; Tear (Mangel and Tier 1994; Pimm et al. available within the suitable habitat et al. 1995; Wolf and Harrison 2001). In 1998; Stacey and Taper 1992). units identified as containing the
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appropriate primary constituent the species’ known historic range species and were excluded from the elements for each species. If more than (HINHP Database 2000, 2001; Wagner et final designation. the area needed for the number of al. 1990, 1999). In selecting areas of designated recovery populations was identified as Based on comments and information critical habitat, we made an effort to potentially suitable, only those areas we received during the comment avoid developed areas, such as towns within the least disturbed suitable periods, we assessed the proposed and other similar lands, that are habitat were included as proposed critical habitat in order to ascertain unlikely to contribute to the critical habitat. A population for this which areas contained the highest conservation of the 60 species. purpose is defined as a discrete quality habitat, had the highest However, the minimum mapping unit aggregation of individuals located a likelihood of species conservation, and that we used to approximate our sufficient distance from a neighboring were geographically distributed within delineation of critical habitat for these aggregation such that the two are not the species’ historical range and located species did not allow us to exclude all affected by the same small-scale events a sufficient distance from each other such developed areas from the maps. In and are not believed to be consistently such that populations of a single species addition, existing manmade features cross-pollinated. In the absence of more are unlikely to be impacted by a single and structures within the boundaries of specific information indicating the catastrophic event. We ranked areas of the mapped unit, such as buildings; appropriate distance to assure limited roads; aqueducts and other water system the proposed critical habitat by the cross-pollination, we are using a features—including but not limited to quality of the primary constituent distance of 1,000 m (3,280 ft) based on pumping stations, irrigation ditches, elements (e.g., intact native plant our review of current literature on gene pipelines, siphons, tunnels, water tanks, communities, predominance of flow (Barret and Kohn 1991; Fenster and gaging stations, intakes, reservoirs, associated native plants versus Dudash 1994; Havens 1998; Schierup diversions, flumes, and wells; existing nonnative plants), potential as a and Christiansen 1996). trails; campgrounds and their conservation area (e.g., whether the land The resulting critical habitat units immediate surrounding landscaped is zoned for conservation or whether the were further refined by using satellite area; scenic lookouts; remote helicopter landowner is already participating in imagery and parcel data to eliminate landing sites; existing fences; plant conservation actions), and current areas that did not contain the telecommunications towers and or expected management of known appropriate vegetation or associated associated structures and equipment; threats (e.g., ungulate control; weed native plant species, as well as features electrical transmission lines and such as cultivated agriculture fields, control; nonnative insect, slug, and snail distribution, and communication housing developments, and other areas control). Areas that are zoned for facilities and regularly maintained that are unlikely to contribute to the conservation or have been identified as associated rights-of-way and access conservation of one or more of the 61 a State Forest Reserve, NAR, Wildlife ways; radars, and telemetry antennas; plant species for which critical habitat Preserve, State Park, or are managed for missile launch sites; arboreta and was proposed on April 3, 2002. conservation by a private landowner gardens; heiau (indigenous places of Geographic features (ridge lines, valleys, have a high likelihood of providing worship or shrines) and other streams, coastlines, etc.) or manmade conservation benefit to the species and archaeological sites; airports; other features (roads or obvious land use) that are therefore more essential than other paved areas; and lawns and other rural created an obvious boundary for a unit comparable habitat outside of those residential landscaped areas do not were used as unit area boundaries. types of areas. contain one or more of the primary Following publication of the proposed Areas that contain high quality constituent elements and are therefore critical habitat rules, some of which primary constituent elements and excluded under the terms of the final were revised, for 255 Hawaiian plants conservation potential (e.g., are zoned regulation. Federal actions limited to (67 FR 3940, 67 FR 9806, 67 FR 15856, for conservation and have ongoing or those areas would not trigger a section 67 FR 16492, 67 FR 34522, 67 FR 36968, expected threat abatement actions) were 7 consultation unless they affect the 67 FR 37108), we re-evaluated proposed ranked the most essential. This ranking species or primary constituent elements critical habitat, Statewide, for each process also included determining in adjacent critical habitat. species using the applicable recovery which habitats were representative of In summary, for these species we guidelines (generally 8 to 10 the historic geographical and ecological utilized the approved recovery plan populations with a minimum of 100 distributions of the species (see guidance to identify appropriately sized mature, reproducing individuals per ‘‘Primary Constituent Elements’’). Of land units containing essential occupied population for long-lived perennials; these most essential areas, we selected and unoccupied habitat. Based on the 300 mature, reproducing individuals per adequate area to provide for 8 to 10 best available information, we believe population for short-lived perennials; populations distributed among the these areas constitute the essential and 500 mature, reproducing islands of each species’ historical range. habitat on Maui and Kahoolawe to individuals per population for annuals) Of the proposed critical habitat for a provide for the recovery of these 60 to determine if we had inadvertently species, areas that were not ranked most species. proposed for designation too much or essential to provide habitat for The approximate areas of the too little habitat to meet the essential populations above the recovery goal of designated critical habitat by land recovery goals of 8 to 10 populations per 8 to 10 populations were determined ownership or jurisdiction are shown in species distributed among the islands of not essential for the conservation of the Table 4.
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TABLE 4.—APPROXIMATE CRITICAL HABITAT DESIGNATED AREA BY UNIT AND LAND OWNERSHIP OR JURISDICTION, MAUI COUNTY, HAWAII
Unit name State/local Private Federal Total
Maui 1—Centaurium sebaeoides—a 70 ha (174 ac) ...... <1 ha (<1 ac) ...... 70 ha (174 ac) Maui 1—Sesbania tomentosa—a ...... 38 ha (94 ac) ...... <1 ha (<1 ac) ...... 38 ha (94 ac) Maui 2—Brighamia rockii—a ...... 5 ha (14 ac) ...... <1 ha (<1 ac) ...... 5 ha (14 ac) Maui 2—Brighamia rockii—b ...... 17 ha (42 ac) ...... <1 ha (<1 ac) ...... 17 ha (42 ac) Maui 2—Centaurium sebaeoides—b 14 ha (35 ac) ...... 12 ha (30 ac) ...... 26 ha (65 ac) Maui 3—Brighamia rockii—c ...... <1 ha (<1 ac) ...... 3 ha (9 ac) ...... 3 ha (9 ac) Maui 4—Brighamia rockii—d ...... 1 ha (2 ac) ...... 1 ha (2 ac) Maui 4—Peucedanum 1 ha (2 ac) ...... 1 ha (2 ac) sandwicense—a. Maui 5—Brighamia rockii—e ...... 7 ha (16 ac) ...... 7 ha (16 ac) Maui 6—Ischaemum byrone—a ...... 15 ha (35 ac) ...... 3 ha (7 ac) ...... 18 ha (42 ac) Maui 6—Mariscus pennatiformis—a 17 ha (40 ac) ...... 13 ha (34 ac) ...... 30 ha (74 ac) Maui 7—Ischaemum byrone—b ...... 11 ha (27 ac) ...... 11 ha (27 ac) Maui 8—Cyanea copelandii ssp. 5 ha (13 ac) ...... 496 ha (1,225 ac) ...... 501 ha (1,238 ac) haleakalaensis—a. Maui 8—Cyanea glabra—a ...... 448 ha (1,108 ac) ...... 2 ha (4 ac) ...... 450 ha (1,112 ac) Maui 8—Cyanea hamatiflora ssp. 48 ha (119 ac) ...... 563 ha (1,390 ac) ...... 611 ha (1,509 ac) hamatiflora—a. Maui 8—Cyanea mceldowneyi—a .... 489 ha (1,208 ac) ...... 1,638 ha (4,047 ac) ...... 2,127 ha (5,255 ac) Maui 8—Diplazium molokaiense—a 87 ha (214 ac) ...... 488 ha (1,206 ac) ...... 575 ha (1,420 ac) Maui 8—Geranium multiflorum—a ...... 46 ha (113 ac) ...... 46 ha (113 ac) Maui 8—Melicope balloui—a ...... 73 ha (181 ac) ...... 78 ha (192 ac) ...... 151 ha (373 ac) Maui 8—Phlegmariurus mannii—a .... 101 ha (251 ac) ...... 120 ha (297 ac) ...... 221 ha (548 ac) Maui 8—Phyllostegia mannii—a ...... 2 ha (4 ac) ...... 568 ha (1,404 ac) ...... 570 ha (1,408 ac) Maui 8—Phyllostegia mollis—a ...... 128 ha (316 ac) ...... 128 ha (316 ac) Maui 8—Zanthoxylum hawaiiense—a 362 ha (894 ac) ...... 1 ha (1 ac) ...... 363 ha (895 ac) Maui 9—Alectryon macrococcus—a 1,893 ha (4,678 ac) ...... <1 ha (<1 ac) ...... 1,893 ha (4,678 ac) Maui 9—Argyroxiphium sandwicense 2,117 ha (5,232 ac) ...... 852 ha (2,105 ac) ...... 5,996 ha (14,816 ac) .... 8,965 ha (22,153 ac) ssp. macrocephalum—a. Maui 9—Asplenium fragile var...... 362 ha (894 ac) ...... 362 ha (894 ac) insulare—a. Maui 9—Bidens micrantha ssp. 390 ha (965 ac) ...... 629 ha (1,554 ac) ...... 543 ha (1,343 ac) ...... 1,562 ha (3,862 ac) kalealaha—a. Maui 9—Bidens micrantha ssp. 2,115 ha (5,229 ac) ...... 2,115 ha (5,229 ac) kalealaha—b. Maui 9—Clermontia lindseyana—a ... 177 ha (438 ac) ...... 177 ha (438 ac) Maui 9—Clermontia lindseyana—b ... 60 ha (149 ac) ...... 60 ha (149 ac) Maui 9—Clermontia samuelii—a ...... 2,777 ha (6,863 ac) ...... 353 ha (872 ac) ...... 3,130 ha (7,735 ac) Maui 9—Cyanea copelandii ssp. 391 ha (966 ac) ...... 1,318 ha (3,258 ac) ...... 1,709 ha (4,224 ac) haleakalaensis—b. Maui 9—Cyanea glabra—b ...... 649 ha (1,605 ac) ...... 649 ha (1,605 ac) Maui 9—Cyanea glabra—c ...... 363 ha (897 ac) ...... 363 ha (897 ac) Maui 9—Cyanea hamatiflora ssp. 203 ha (503 ac) ...... 1,107 ha (2,732 ac) ...... 1,310 ha (3,235 ac) hamatiflora—b. Maui 9—Diellia erecta—a ...... 2 ha (6 ac) ...... 2 ha (6 ac) Maui 9—Diellia erecta—b ...... 174 ha (432 ac) ...... 174 ha (432 ac) Maui 9—Diplazium molokaiense—b 162 ha (401 ac) ...... 162 ha (401 ac) Maui 9—Flueggea neowawraea—a .. 52 ha (128 ac) ...... 52 ha (128 ac) Maui 9—Geranium arboreum—a ...... 731 ha (1,806 ac) ...... 731 ha (1,806 ac) Maui 9—Geranium multiflorum—b .... 322 ha (795 ac) ...... 297 ha (735 ac) ...... 4,198 ha (10,372 ac) .... 4,817 ha (11,902 ac) Maui 9—Geranium multiflorum—c .... 183 ha (450 ac) ...... 183 ha (450 ac) Maui 9—Lipochaeta kamolensis—a .. 1,472 ha (3,638 ac) ...... 2 ha (6 ac) ...... 1,474 ha (3,644 ac) Maui 9—Melicope balloui—b ...... 394 ha (972 ac) ...... 394 ha (972 ac) Maui 9—Melicope knudsenii—a ...... 28 ha (69 ac) ...... 28 ha (69 ac) Maui 9—Melicope mucronulata—a ... 34 ha (83 ac) ...... 34 ha (83 ac) Maui 9—Melicope ovalis—a ...... 1 ha (2 ac) ...... 933 ha (2,304 ac) ...... 934 ha (2,306 ac) Maui 9—Neraudia sericea—a ...... 623 ha (1,539 ac) ...... 623 ha (1,539 ac) Maui 9—Nototrichium humile—a ...... 382 ha (944 ac) ...... 15 ha (38 ac) ...... 397 ha (982 ac) Maui 9—Phlegmariurus mannii—b .... 383 ha (947 ac) ...... 383 ha (947 ac) Maui 9—Phlegmariurus mannii—c .... 224 ha (554 ac) ...... 252 ha (622 ac) ...... 476 ha (1,176 ac) Maui 9—Phyllostegia mollis—b ...... 509 ha (1,256 ac) ...... 509 ha (1,256 ac) Maui 9—Plantago princeps—a ...... 164 ha (406 ac) ...... 164 ha (406 ac) Maui 9—Platanthera holochila—a ..... 32 ha (80 ac) ...... 208 ha (516 ac) ...... 240 ha (596 ac) Maui 9—Schiedea haleakalensis—a ...... 26 ha (64 ac) ...... 26 ha (64 ac) Maui 9—Schiedea haleakalensis—b ...... 77 ha (189 ac) ...... 77 ha (189 ac) Maui 10—Alectryon macrococcus—b 372 ha (918 ac) ...... 30 ha (75 ac) ...... 402 ha (993 ac) Maui 11—Lipochaeta kamolensis—b 42 ha (105 ac) ...... 42 ha (105 ac) Maui 12—Vigna o-wahuensis—a ...... 144 ha (356 ac) ...... 144 ha (356 ac) Maui 13—Alectryon macrococcus—c 419 ha (1,033 ac) ...... 419 ha (1,033 ac) Maui 13—Bonamia menziesii—a ...... 536 ha (1,325 ac) ...... 536 ha (1,325 ac)
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TABLE 4.—APPROXIMATE CRITICAL HABITAT DESIGNATED AREA BY UNIT AND LAND OWNERSHIP OR JURISDICTION, MAUI COUNTY, HAWAII—Continued
Unit name State/local Private Federal Total
Maui 13—Cenchrus agrimonioides— 237 ha (585 ac) ...... 237 ha (585 ac) a. Maui 13—Colubrina oppositifolia—a 739 ha (1,827 ac) ...... 739 ha (1,827 ac) Maui 13—Flueggea neowawraea—b 50 ha (124 ac) ...... 50 ha (124 ac) Maui 13—Melicope adscendens—a .. 160 ha (398 ac) ...... 160 ha (398 ac) Maui 13—Melicope knudsenii—b ...... 163 ha (403 ac) ...... 163 ha (403 ac) Maui 13—Melicope mucronulata—b 194 ha (481 ac) ...... 194 ha (481 ac) Maui 13—Sesbania tomentosa—b .... 78 ha (193 ac) ...... 1 ha (2 ac) ...... 79 ha (195 ac) Maui 13—Spermolepis hawaiiensis— 91 ha (224 ac) ...... 91 ha (224 ac) a. Maui 14—Geranium arboreum—b .... 282 ha (697 ac) ...... 170 ha (418 ac) ...... 452 ha (1,115 ac) Maui 15—Geranium arboreum—c .... 177 ha (437 ac) ...... 490 ha (1,211 ac) ...... 667 ha (1,648 ac) Maui 16—Hibiscus brackenridgei—a ...... 212 ha (524 ac) ...... 212 ha (524 ac) Maui 17—Alectryon macrococcus—d 209 ha (517 ac) ...... 181 ha (448 ac) ...... 390 ha (965 ac) Maui 17—Alectryon macrococcus—e 110 ha (270 ac) ...... <1 ha (1 ac) ...... 110 ha (271 ac) Maui 17—Cenchrus agrimonioides— 118 ha (292 ac) ...... <1 ha (1 ac) ...... 118 ha (293 ac) b. Maui 17—Clermontia oblongifolia 16 ha (40 ac) ...... <1 ha (<1 ac) ...... 16 ha (40 ac) ssp. mauiensis—a. Maui 17—Clermontia oblongifolia 696 ha (1,720 ac) ...... <1 ha (<1 ac) ...... 696 ha (1,720 ac) ssp. mauniensis—b. Maui 17—Clermontia oblongifolia 293 ha (726 ac) ...... <2 ha (6 ac) ...... 295 ha (732 ac) ssp. mauiensis—c. Maui 17—Colubrina oppositifolia—b 132 ha (327 ac) ...... 44 ha (108 ac) ...... 176 ha (435 ac) Maui 17—Ctenitis squamigera—a ..... 953 ha (2,356 ac) ...... 1,026 ha (2,534 ac) ...... 1,979 ha (4,890 ac) Maui 17—Ctenitis squamigera—b ..... 478 ha (1,181 ac) ...... 338 ha (837 ac) ...... 816 ha (2,018 ac) Maui 17—Ctenitis squamigera—c ..... 137 ha (336 ac) ...... <1 ha (1 ac) ...... 137 ha (337 ac) Maui 17—Cyanea glabra—d ...... 255 ha (630 ac) ...... 255 ha (630 ac) Maui 17—Cyanea glabra—e ...... 264 ha (652 ac) ...... 207 ha (511 ac) ...... 471 ha (1,163 ac) Maui 17—Cyanea glabra—f ...... 188 ha (463 ac) ...... <1 ha (1 ac) ...... 188 ha (464 ac) Maui 17—Cyanea glabra—g ...... 79 ha (194 ac) ...... 79 ha (194 ac) Maui 17—Cyanea grimesiana ssp. 10 ha (24 ac) ...... 911 ha (2,249 ac) ...... 921 ha (2,273 ac) grimesiana—a. Maui 17—Cyanea lobata—a ...... 132 ha (322 ac) ...... <1 ha (1 ac) ...... 132 ha (323 ac) Maui 17—Cyanea lobata—b ...... 112 ha (276 ac) ...... 2 ha (5ac) ...... 114 ha (281 ac) Maui 17—Cyanea lobata—c ...... 578 ha (1,427 ac) ...... <1 ha (<1 ac) ...... 578 ha (1,427 ac) Maui 17—Cyrtandra munroi—a ...... 156 ha (385 ac) ...... <1 ha (1 ac) ...... 156 ha (386 ac) Maui 17—Cyrtandra munroi—b ...... 25 ha (62 ac) ...... 213 ha (528 ac) ...... 238 ha (590 ac) Maui 17—Cyrtandra munroi—c ...... 603 ha (1,490 ac) ...... <1 ha (<1 ac) ...... 603 ha (1,490 ac) Maui 17—Diellia erecta—c ...... 22 ha (55 ac) ...... 22 ha (55 ac) Maui 17—Diellia erecta—d ...... 70 ha (172 ac) ...... 70 ha (172 ac) Maui 17—Diellia erecta—e ...... 12 ha (30 ac) ...... 12 ha (30 ac) Maui 17—Diellia erecta—f ...... 14 ha (34 ac) ...... 14 ha (34 ac) Maui 17—Diplazium molokaiense—c 30 ha (74 ac) ...... 1,465 ha (3,619 ac) ...... 1,495 ha (3,693 ac) Maui 17—Dubautia plantaginea ssp. 66 ha (164 ac) ...... 227 ha (550 ac) ...... 293 ha (723 ac) humilis—a. Maui 17—Dubautia plantaginea ssp. 68 ha (168 ac) ...... 46 ha (115 ac) ...... 114 ha (283 ac) humilis—b. Maui 17—Dubautia plantaginea ssp. 27 ha (66 ac) ...... 68 ha (168 ac) ...... 95 ha (234 ac) humulis—c. Maui 17—Gouania vitifolia—a ...... 446 ha (1,103 ac) ...... 40 ha (95 ac) ...... 486 ha (1,198 ac) Maui 17—Hedyotis coriacea—a ...... 106 ha (262 ac) ...... <1 ha (<1 ac) ...... 106 ha (262 ac) Maui 17—Hedyotis coriacea—b ...... 138 ha (340 ac) ...... 138 ha (340 ac) Maui 17—Hedyotis mannii—a ...... 572 ha (1,414 ac) ...... 1,662 ha (4,107 ac) ...... 2,234 ha (5,521 ac) Maui 17—Hesperomannia 378 ha (933 ac) ...... 14 ha (35 ac) ...... 392 ha (968 ac) arbuscula—a. Maui 17—Hesperomannia ...... 436 ha (1,076 ac) ...... 436 ha (1,076 ac) arbuscula—b. Maui 17—Hibiscus brackenridgei—b 593 ha (1,463 ac) ...... 74 ha (182 ac) ...... 667 ha (1,645 ac) Maui 17—Isodendrion pyrifolium—a 224 ha (555 ac) ...... <1 ha (<1 ac) ...... 224 ha (555 ac) Maui 17—Lysimachia lydgatei—a ..... 64 ha (157 ac) ...... 26 ha (64 ac) ...... 90 ha (221 ac) Maui 17—Lysimachia lydgatei—b ..... 42 ha (104 ac) ...... 116 ha (287 ac) ...... 158 ha (391 ac) Maui 17—Lysimachia lydgatei—c ..... 19 ha (46 ac) ...... 28 ha (70 ac) ...... 47 ha (116 ac) Maui 17—Lysimachia lydgatei—d ..... 28 ha (70 ac) ...... 70 ha (172 ac) ...... 98 ha (242 ac) Maui 17—Lysimachia lydgatei—e ..... 18 ha (44 ac) ...... 18 ha (44 ac) Maui 17—Neraudia sericea—b ...... 1,026 (2,538 ac) ...... ha 162 ha (400 ac) ...... 1,188 ha (2,938 ac) Maui 17—Peucedanum ...... 117 ha (289 ac) ...... 117 ha (289 ac) sandwicense—b. Maui 17—Phlegmariurus mannii—d .. 57 ha (141 ac) ...... <1 ha (<1 ac) ...... 57 ha (141 ac) Maui 17—Phlegmariurus mannii—e .. 29 ha (72 ac) ...... 6 ha (15 ac) ...... 35 ha (87 ac) Maui 17—Plantago princeps—b ...... 23 ha (57 ac) ...... 304 ha (750 ac) ...... 327 ha (807 ac)
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TABLE 4.—APPROXIMATE CRITICAL HABITAT DESIGNATED AREA BY UNIT AND LAND OWNERSHIP OR JURISDICTION, MAUI COUNTY, HAWAII—Continued
Unit name State/local Private Federal Total
Maui 17—Platanthera holochila—b ... 4 ha (10 ac) ...... 4 ha (9 ac) ...... 8 ha (19 ac) Maui 17—Platanthera holochila—c ... 189 ha (466 ac) ...... <1 ha (<1 ac) ...... 189 ha (466 ac) Maui 17—Pteris lidgatei—a ...... 504 ha (1,246 ac) ...... 664 ha (1,641 ac) ...... 1,168 ha (2,887 ac) Maui 17—Pteris lidgatei—b ...... 163 ha (403 ac) ...... 163 ha (403 ac) Maui 17—Remya mauiensis—a ...... 227 ha (562 ac) ...... 1 ha (2 ac) ...... 228 ha (564 ac) Maui 17—Remya mauiensis—b ...... 366 ha (904 ac) ...... 201 ha (496 ac) ...... 567 ha (1,400 ac) Maui 17—Remya mauiensis—c ...... 31 ha (78 ac) ...... <1 ha (<1 ac) ...... 31 ha (78 ac) Maui 17—Sanicula purpurea—a ...... 29 ha (70 ac) ...... 5 ha (13 ac) ...... 34 ha (83 ac) Maui 17—Sanicula purpurea—b ...... 97 ha (240 ac) ...... 209 ha (516 ac) ...... 306 ha (756 ac) Maui 17—Sanicula purpurea—c ...... 8 ha (19 ac) ...... 8 ha (19 ac) Maui 17—Spermolepis hawaiiensis— 23 ha (56 ac) ...... 23 ha (56 ac) b. Maui 17—Tetramolopium capillare— 1,106 ha (2,732 ac) ...... 676 ha (1,672 ac) ...... 1,782 ha (4,404 ac) a. Maui 17—Tetramolopium remyi—a ... 216 ha (536 ac) ...... 71 ha (176 ac) ...... 287 ha (712 ac) Maui 18—Alectryon macrococcus—f 5 ha (11 ac) ...... 3 ha (6 ac) ...... 8 ha (17 ac) Maui 18—Colubrina oppositifolia—c 38 ha (92 ac) ...... 26 ha (63 ac) ...... 64 ha (155 ac) Maui 18—Ctenitis squamigera—d ..... 10 ha (24 ac) ...... 4 ha (10 ac) ...... 14 ha (34 ac) Maui 18—Remya mauiensis—d ...... 1 ha (3 ac) ...... 1 ha (3 ac) ...... 2 ha (6 ac) Kahoolawe 1—Kanaloa 562 ha (1,388 ac) ...... 562 ha (1,388 ac) kahoolawensis—a. Kahoolawe 2—Kanaloa 613 ha (1,515 ac) ...... 613 ha (1,515 ac) kahoolawensis—b. Kahoolawe 3—Kanaloa 5 ha (12 ac) ...... 5 ha (12 ac) kahoolawensis—c. Total* ...... 21,229 ha ...... 8,858 ha ...... 8,805 ha ...... 38,897 ha (52,458 ac) ...... (21,890 ac) ...... (21,757 ac) ...... (96,115 ac) * Totals take into consideration overlapping individual species units.
TABLE 5.—APPROXIMATE FINAL CRITICAL HABITAT AREA (HA (AC)), ESSENTIAL AREA, AND EXCLUDED AREA ON MAUI AND KAHOOLAWE
Area considered essential on Maui ...... 48,352 ha (119,480 ac) Area not included because of special management or protection (State upper Hanawi NAR, ML&P Puu Kukui 6,741 ha (16,657 ac) WMA, and TNCH Kupunukea and Waikamoi Preserves) on Maui. Area excluded under 4(b)(2) (Haleakala and Ulupalakua Ranches) on Maui ...... 3,894 ha (9,622 ac) Final Critical Habitat on Maui ...... 37,717 ha (93,200 ac) Final Critical Habitat on Kahoolawe ...... 1,180 ha (2,915 ac) Total Critical Habitat on Maui and Kahoolawe ...... 38,897 ha (96,115)
Critical habitat includes habitat for 59 and is currently unoccupied. The and Haleakala and Ulupalakua ranches, species primarily in the upland portions habitat features contained in this unit provides habitat for two populations of of Maui, and for one species on that are essential for this species 100 mature, reproducing individuals of Kahoolawe. Lands designated as critical include, but are not limited to, mesic to the long-lived perennial A. macrococcus habitat have been divided into a total of wetter mesic and upper dryland forest. and is currently unoccupied. The 139 units. A brief description of each This unit is essential to conservation of habitat features contained in this unit unit is presented below. the species because it provides for two that are essential for this species populations within this multi-island include, but are not limited to, mesic to Descriptions of Critical Habitat Units species’ historical range on Maui that wetter mesic and upper dryland forest. Maui 9—Alectryon macrococcus—a are some distance away from the other This unit is essential to conservation of critical habitat for this species, in order the species because it provides for two This unit is critical habitat for to avoid all populations important for populations within this multi-island Alectryon macrococcus and is 1,893 ha the conservation of the species on the species’ historical range on Maui that (4,678 ac) on State and privately owned island from being destroyed by one are some distance away from the other lands. The unit contains Auwahi and naturally occurring catastrophic event. critical habitat for this species, in order Manawainui gulches including portions to avoid all populations important for Maui 10—Alectryon macrococcus—b of Lualailua Hills, Puu Kao, and Kamole the conservation of the species on the and Kepuni gulches. It, in combination This unit is critical habitat for island from being destroyed by one with Maui 10—Alectryon Alectryon macrococcus and is 402 ha naturally occurring catastrophic event. macrococcus—b, Maui 13—Alectryon (993 ac) on State (Kahikinui Forest macrococcus—c, and land on Reserve) and privately owned land. The Maui 13—Alectryon macrococcus—c Ulupalakua and Haleakala ranches, unit contains land from Pahihi Gulch to This unit is critical habitat for provides habitat for two populations of Kahalulu Gulch. It, in combination with Alectryon macrococcus and is 419 ha 100 mature, reproducing individuals of Maui 9—Alectryon macrococcus—a, (1,033 ac) on State-owned land (Kanaio the long-lived perennial A. macrococcus Maui 13—Alectryon macrococcus—c, NAR). The unit contains the area below
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Puu Ouli. It, in combination with features contained in this unit that are occupied by 39,000 to 44,000 plants. Ulupalakua and Haleakala ranches, and essential for this species include, but are The habitat features contained in this Maui 9—Alectryon macrococcus—a and not limited to, mesic to wetter mesic unit that are essential for this species Maui 10—Alectryon macrococcus—b, and upper dryland forest. This unit is include, but are not limited to, lava provides habitat for 2 populations of essential to the conservation of the flows with almost no soil development 100 mature, reproducing individuals of species because it supports an extant and otherwise barren, unstable slopes of the long-lived perennial A. macrococcus colony of this species and includes recent (less than several thousand years and is currently unoccupied. The habitat that is important for the old) volcanic cinder cones subject to habitat features contained in this unit expansion of the present population. It frequent formation of ice at night and that are essential for this species is some distance away from the other extreme heating during cloudless days include, but are not limited to, mesic to critical habitat for this species, in order with an annual precipitation of wetter mesic and upper dryland forest. to avoid all populations important for approximately 75 to 250 cm (29.6 to This unit is essential to conservation of the conservation of the species on the 98.4 in). This unit is essential to the the species because it provides for two island from being destroyed by one conservation of the species because it populations within this multi-island naturally occurring catastrophic event. supports an extant colony of this species species’ historical range on Maui that and includes habitat that is important Maui 18—Alectryon macrococcus—f are some distance away from the other for the expansion of the present critical habitat for this species, in order This unit is critical habitat for population. Although we do not feel to avoid all populations important for Alectryon macrococcus and is 8 ha (17 that there is enough habitat designatied the conservation of the species on the ac) on State (West Maui Forest Reserve) to reach the recovery goal of 8 to 10 island from being destroyed by one and privately owned land. The unit populations, this species is a very naturally occurring catastrophic event. contains Honokawai Valley. It, in narrow endemic in terms of its alpine combination with Maui 17—Alectryon habitat requirement, and probably never Maui 17—Alectryon macrococcus—d macrococcus—d, Maui 17—Alectryon naturally occurred in more than a single This unit is critical habitat for macrococcus—e, and Kapunakea or a few populations. Alectryon macrococcus and is 390 ha Preserve, provides habitat for two (965 ac) on State (West Maui Forest populations of 100 mature, reproducing Maui 9—Asplenium fragile var. Reserve and the Panaewa Section of individuals of the long-lived perennial insulare—a West Maui NAR) and privately owned A. macrococcus and is currently This unit is critical habitat for land. The unit contains portions of unoccupied. The habitat features Asplenium fragile var. insulare and is Wahikuli and Kealii gulches and Puuiki, contained in this unit that are essential 362 ha (894 ac) on federally owned land Kahoma, and Kanaha streams. It, in for this species include, but are not (Haleakala National Park). The unit combination with Maui 17—Alectryon limited to, mesic to wetter mesic and contains Koolau Gap. This unit, in macrococcus—e, Maui 18—Alectryon upper dryland forest. This unit is combination with Waikamoi Preserve, macrococcus—f, and Kapunakea essential to conservation of the species provides habitat for two populations of Preserve, provides habitat for two because it provides for two populations 300 mature, reproducing individuals of populations of 100 mature, reproducing within this multi-island species’ the short-lived perennial A. fragile var. individuals of the long-lived perennial historical range on Maui that are some insulare and is currently unoccupied. A. macrococcus and is currently distance away from the other critical The habitat features contained in this unoccupied. The habitat features habitat for this species, in order to avoid unit that are essential for this species contained in this unit that are essential all populations important for the include, but are not limited to, for this species include, but are not conservation of the species on the island streamside hollows and grottos in limited to, mesic to wetter mesic and from being destroyed by one naturally gulches. This unit is essential to upper dryland forest. This unit is occurring catastrophic event. conservation of the species because it essential to conservation of the species provides for two populations within this Maui 9—Argyroxiphium sandwicense because it provides for two populations multi-island species’ historical range on ssp. macrocephalum—a within this multi-island species’ Maui that are some distance away from historical range on Maui that are some This unit is critical habitat for the other critical habitat for this species, distance away from the other critical Argyroxiphium sandwicense ssp. in order to avoid all populations habitat for this species, in order to avoid macrocephalum and is 8,965 ha (22,153 important for the conservation of the all populations important for the ac) on State (Kula and Kahikinui Forest species on the island from being conservation of the species on the island Reserve), Federal (Haleakala National destroyed by one naturally occurring from being destroyed by one naturally Park), and privately owned land. The catastrophic event. occurring catastrophic event. unit contains portions of Halalii Summit, Haleakala Summit, Haleakala Maui 9—Bidens micrantha ssp. Maui 17—Alectryon macrococcus—e Crater, Hanakauhi Summit, Haupaakea kalealaha—a This unit is critical habitat for Peak Summit, Hina Summit, Honokahua This unit is critical habitat for Bidens Alectryon macrococcus and is 110 ha Summit, Ka Moa o Pele Summit, micrantha ssp. kalealaha and is 1,562 (271 ac) on State (West Maui Forest Kalahaku Pali, Kalepeamoa Summit, ha (3,862 ac) on State (Kahikinui Forest Reserve) and privately owned land. The Kalua Awa Summit, Kaluaiki Crater, Reserve), Federal, and privately owned unit contains Honokowai Stream. It, in Kaluanui Crater, Kaluu o ka Oo Crater, land. The unit contains portions of combination with Maui 17—Alectryon Kamaolii Summit, Kanahau Summit, Kumuiilahi and Haleakala summits, macrococcus—d, Maui 18—Alectryon Keoneheehee Ridge, Kilohana Summit, Pukai, Pahihi, and Waioale gulches, macrococcus—f and Kapunakea Kolekole Summit, Koolau Gap, and Haleakala Crater, and Kumuiliahi. It Preserve, provides habitat for two Kumuiilahi. It provides habitat for one provides habitat for 3 populations of populations of 100 mature, reproducing population of greater than 50,000 300 mature, reproducing individuals of individuals of the long-lived perennial mature, reproducing individuals of the the short-lived perennial B. micrantha A. macrococcus and is currently long-lived perennial A. sandwicense ssp. kalealaha and is currently occupied occupied by three plants. The habitat ssp. macrocephalum and is currently by two plants. The habitat features
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contained in this unit that are essential away from the other critical habitat for mature, reproducing individuals of the for this species include, but are not this species, in order to avoid all long-lived perennial B. rockii and is limited to, blocky lava flows with little populations important for the currently unoccupied. The habitat or no soil development, deep pit craters, conservation of the species on the island features contained in this unit that are and sheer rock walls in open canopy from being destroyed by one naturally essential for this species include, but are montane shrubland. This unit is occurring catastrophic event. not limited to, rock crevices on steep sea essential to the conservation of the cliffs, often within the spray zone. This Maui 2—Brighamia rockii—a species because it supports an extant unit is essential to conservation of the colony of this species and includes This unit is critical habitat for species because it provides for one habitat that is important for the Brighamia rockii and is 5 ha (14 ac) on population within this multi-island expansion of the present population. It State and privately owned land. The species’ historical range on Maui that is is some distance away from the other unit lies near Lahoole Cape. This unit some distance away from the other critical habitat for this species, in order provides habitat for one population of critical habitat for this species, in order to avoid all populations important for 100 mature, reproducing individuals of to avoid all populations important for the conservation of the species on the the long-lived perennial B. rockii and is the conservation of the species on the island from being destroyed by one currently unoccupied. The habitat island from being destroyed by one naturally occurring catastrophic event. features contained in this unit that are naturally occurring catastrophic event. essential for this species include, but are Maui 9—Bidens micrantha ssp. not limited to, rock crevices on steep sea Maui 4—Brighamia rockii—d kalealaha—b cliffs, often within the spray zone. This This unit is critical habitat for This unit is critical habitat for Bidens unit is essential to conservation of the Brighamia rockii and is 1 ha (2 ac) on micrantha ssp. kalealaha and is 2,115 species because it provides for one State-owned land. The unit contains all ha (5,229 ac) on State-owned land population within this multi-island of Keopuka Rock. This unit provides (Kahikinui Forest Reserve). The unit is species’ historical range on Maui that is habitat for one population in between Kanaio and Auwahi. It some distance away from the other combination with Maui 3—Brighamia provides habitat for 4 populations of critical habitat for this species, in order rockii—c and Maui 5—Brighamia 300 mature, reproducing individuals of to avoid all populations important for rockii—e, of 100 mature, reproducing the short-lived perennial B. micrantha the conservation of the species on the individuals of the long-lived perennial ssp. kalealaha and is currently occupied island from being destroyed by one B. rockii and is currently unoccupied. by 10 plants. The habitat features naturally occurring catastrophic event. The habitat features contained in this contained in this unit that are essential unit that are essential for this species for this species include, but are not Maui 2—Brighamia rockii—b include, but are not limited to, rock limited to, blocky lava flows with little This unit is critical habitat for crevices on steep sea cliffs, often within or no soil development, deep pit craters, Brighamia rockii and is 17 ha (42 ac) on the spray zone. This unit is essential to and sheer rock walls in open canopy State and privately owned land. The conservation of the species because it montane shrubland. This unit is unit contains Kaemi, Lahoole, and provides for one population within this essential to the conservation of the Moho capes, Makalina Valley, Waiokila multi-island species’ historical range on species because it supports an extant and Waiolai gulches, Makamakaole Maui that is some distance away from colony of this species and includes Stream, and Puu Makawana Summit. the other critical habitat for this species, habitat that is important for the This unit provides habitat for one in order to avoid all populations expansion of the present population. It population of 100 mature, reproducing important for the conservation of the is some distance away from the other individuals of the long-lived perennial species on the island from being critical habitat for this species, in order B. rockii and is currently unoccupied. destroyed by one naturally occurring to avoid all populations important for The habitat features contained in this catastrophic event. the conservation of the species on the unit that are essential for this species Maui 5—Brighamia rockii—e island from being destroyed by one include, but are not limited to, rock naturally occurring catastrophic event. crevices on steep sea cliffs, often within This unit is critical habitat for the spray zone. This unit is essential to Brighamia rockii and is 7 ha (16 ac) on Maui 13—Bonamia menziesii—a conservation of the species because it State-owned land. The unit contains This unit is critical habitat for provides for one population within this Moiki Point and Haipuaena Stream. Bonamia menziesii and is 536 ha (1,325 multi-island species’ historical range on This unit provides habitat for one ac) on State (Kanaio NAR) land. The Maui that is some distance away from population in combination with Maui unit lies in the area between Kanaio and the other critical habitat for this species, 3—Brighamia rockii—c and Maui 4— Auwahi. It provides habitat for one in order to avoid all populations Brighamia rockii—d, of 100 mature, population of 300 mature, reproducing important for the conservation of the reproducing individuals of the long- individuals of the short-lived perennial species on the island from being lived perennial B. rockii and is currently B. menziesii and is currently occupied destroyed by one naturally occurring unoccupied. The habitat features by 5 plants. The habitat features catastrophic event. contained in this unit that are essential contained in this unit that are essential for this species include, but are not for this species include, but are not Maui 3—Brighamia rockii—c limited to, rock crevices on steep sea limited to, aa lava in mixed open dry This unit is critical habitat for cliffs, often within the spray zone. This forest; Erythrina sandwicensis lowland Brighamia rockii and is 3 ha (9 ac) on unit is essential to conservation of the dry forest, or mesic mixed Metrosideros State and privately owned land. The species because it provides for one polymorpha forest. This unit is essential unit contains Waikamoi Stream, population within this multi-island to the conservation of the species Waihanepee Stream, and Puohokamoa species’ historical range on Maui that is because it supports an extant colony of Stream. This unit in combination with some distance away from the other this species and includes habitat that is Maui 4—Brighamia rockii—d and Maui critical habitat for this species, in order important for the expansion of the 5—Brighamia rockii—e, provides to avoid all populations important for present population. It is some distance habitat for one population of 100 the conservation of the species on the
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island from being destroyed by one the short-lived perennial C. sebaeoides species, in order to avoid all naturally occurring catastrophic event. and is currently occupied by one plant. populations important for the The habitat features contained in this conservation of the species on the island Maui 13—Cenchrus agrimonioides—a unit that are essential for this species from being destroyed by one naturally This unit is critical habitat for include, but are not limited to, dry occurring catastrophic event. Cenchrus agrimonioides and is 237 ha forest or Pleomele sp.-Diospyros sp. Maui 9—Clermontia lindseyana—b (585 ac) on State (Kanaio NAR) land. forest. This unit is essential to the The unit contains land between Kanaio conservation of the species because it This unit is critical habitat for and Auwahi. This unit provides habitat supports an extant colony of this species Clermontia lindseyana and is 60 ha (149 for one population of 300 mature, and includes habitat that is important ac) on State-owned land (Kula Forest reproducing individuals of the short- for the expansion of the present Reserve). The unit contains no named lived perennial C. agrimonioides and is population. It is some distance away natural features. This unit provides currently occupied by between one and from the other critical habitat for this habitat for one population of 300 10 plants. The habitat features species, in order to avoid all mature, reproducing individuals of the contained in this unit that are essential populations important for the short-lived perennial C. lindseyana and for this species include, but are not conservation of the species on the island is currently unoccupied. The habitat limited to, dry forest or Pleomele sp.- from being destroyed by one naturally features contained in this unit that are Diospyros sp. forest. This unit is occurring catastrophic event. essential for this species include, but are essential to the conservation of the not limited to, Acacia koa mesic forest. species because it supports an extant Maui 2—Centaurium sebaeoides—b This unit is essential to conservation of colony of this species and includes This unit is critical habitat for the species because it provides for one habitat that is important for the Centaurium sebaeoides and is 26 ha (65 population within this multi-island expansion of the present population. It ac) on State and privately owned land. species’ historical range on Maui that is is some distance away from the other The unit contains Alapapa Gulch, some distance away from the other critical habitat for this species, in order Honanana Gulch, Lahoole Cape, critical habitat for this species, in order to avoid all populations important for Makamakaole Stream, Moho Cape, to avoid all populations important for the conservation of the species on the Mokolea Point, Owaluhi Gulch, the conservation of the species on the island from being destroyed by one Papanahoa Gulch, Papanalahoa Point, island from being destroyed by one naturally occurring catastrophic event. Poelua Bay, Poelua Gulch, Waihee naturally occurring catastrophic event. Stream, Waihee Valley, Waiokila Gulch, Maui 17—Clermontia oblongifolia ssp. Maui 17—Cenchrus agrimonioides—b and Waiolai Gulch. This unit provides This unit is critical habitat for habitat for one population of 300 mauiensis—a Cenchrus agrimonioides and is 118 ha mature, reproducing individuals of the This unit is critical habitat for (293 ac) on State (West Maui Forest short-lived perennial C. sebaeoides and Clermontia oblongifolia ssp. mauiensis Reserve and Manawainui Plant is currently occupied by 10 plants. The and is 16 ha (40 ac) on State and Sanctuary) and privately owned land. habitat features contained in this unit privately owned land. The unit contains The unit contains Papalaua and that are essential for this species no named natural features. This unit Manawainui gulches and Hanaulaiki. include, but are not limited to, dry provides habitat for one population of This unit provides habitat for one forest or Pleomele sp.-Diospyros sp. 300 mature, reproducing individuals of population of 300 mature, reproducing forest. This unit is essential to the the short-lived perennial C. oblongifolia individuals of the short-lived perennial conservation of the species because it ssp. mauiensis and is currently C. agrimonioides and is currently supports an extant colony of this species unoccupied. The habitat features unoccupied. The habitat features and includes habitat that is important contained in this unit that are essential contained in this unit that are essential for the expansion of the present for this species include, but are not for this species include, but are not population. It is some distance away limited to, sides of ridges and ridge tops limited to, dry forest or Pleomele sp.- from the other critical habitat for this in Metrosideros polymorpha-dominated Diospyros sp. forest. This unit is species, in order to avoid all montane forest. This unit is essential to essential to conservation of the species populations important for the conservation of the species because it because it provides for one population conservation of the species on the island provides for one population within this within this multi-island species’ from being destroyed by one naturally multi-island species’ historical range on historical range on Maui that is some occurring catastrophic event. Maui that is some distance away from distance away from the other critical the other critical habitat for this species, Maui 9—Clermontia lindseyana—a habitat for this species, in order to avoid in order to avoid all populations all populations important for the This unit is critical habitat for important for the conservation of the conservation of the species on the island Clermontia lindseyana and is 177 ha species on the island from being from being destroyed by one naturally (438 ac) on State-owned land. The unit destroyed by one naturally occurring occurring catastrophic event. contains Manawainui Gulch. This unit catastrophic event. provides habitat for one population of Maui 1—Centaurium sebaeoides—a 300 mature, reproducing individuals of Maui 17—Clermontia oblongifolia ssp. This unit is critical habitat for the short-lived perennial C. lindseyana mauiensis—b Centaurium sebaeoides and is 70 ha and is currently occupied by 330 plants. This unit is critical habitat for (174 ac) on non-managed State and The habitat features contained in this Clermontia oblongifolia ssp. mauiensis privately owned land. The unit contains unit that are essential for this species and is 696 ha (1,720 ac) on State Alapapa Gulch, Honanana Gulch, include, but are not limited to, Acacia (Kahakuloa Section of the West Maui Mokolea Point, Owaluhi Gulch, koa mesic forest. This unit is essential NAR) and privately owned land. The Papanahoa Gulch, Papanalahoa Point, to the conservation of the species unit contains Eke Crater, Konanano Poelua Bay, and Poelua Gulch. It because it supports an extant colony of Gulch, and Kahakuloa Valley. This unit provides habitat for one population of this species. It is some distance away provides habitat for 4 populations of 300 mature, reproducing individuals of from the other critical habitat for this 300 mature, reproducing individuals of
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the short-lived perennial C. oblongifolia forest or wet M. polymorpha and M. species on the island from being ssp. mauiensis and is currently polymorpha-Cheirodendron trigynum destroyed by one naturally occurring unoccupied. The habitat features forest. This unit is essential to the catastrophic event. contained in this unit that are essential conservation of the species because it Maui 18—Colubrina oppositifolia—c for this species include, but are not supports an extant colony of this species limited to, sides of ridges and ridge tops and includes habitat that is important This unit is critical habitat for in Metrosideros polymorpha-dominated for the expansion of the present Colubrina oppositifolia and is 64 ha montane forest. This unit is essential to population. Although we do not believe (155 ac) on State (West Maui Forest conservation of the species because it that there is enough habitat that Reserve) and privately owned land. The provides for four populations within currently exists to reach the recovery unit contains Honokowai Valley. This this multi-island species’ historical goal of 8 to 10 populations for this unit provides habitat for one population range on Maui that are some distance island-endemic species, this unit is of of 100 mature, reproducing individuals away from the other critical habitat for an appropriate size so that each of the long-lived perennial C. this species, in order to avoid all potential population important for the oppositifolia and is currently occupied populations important for the conservation of the species within the by one plant. The habitat features conservation of the species on the island unit is geographically separated enough contained in this unit that are essential from being destroyed by one naturally to avoid their destruction by one for this species include, but are not occurring catastrophic event. naturally occurring catastrophic event. limited to, lowland dry and mesic forests dominated by Diospyros Maui 17—Clermontia oblongifolia ssp. Maui 13—Colubrina oppositifolia—a sandwicensis. This unit is essential to mauiensis—c This unit is critical habitat for the conservation of the species because This unit is critical habitat for Colubrina oppositifolia and is 739 ha it supports an extant colony of this Clermontia oblongifolia ssp. mauiensis (1,827 ac) on State (Kanaio NAR) land. species and includes habitat that is and is 295 ha (732 ac) on State The unit contains land between Kanaio important for the expansion of the (Honokowai Section of the West Maui and Auwahi. This unit provides habitat present population. It is some distance NAR) and privately owned land. The for one population of 100 mature, away from the other critical habitat for unit contains Violet Lake, Amalu and reproducing individuals of the long- this species, in order to avoid all Kapaloa streams, and Honokowai lived perennial C. oppositifolia and is populations important for the Valley. This unit provides habitat for currently unoccupied. The habitat conservation of the species on the island two populations of 300 mature, features contained in this unit that are from being destroyed by one naturally reproducing individuals of the short- essential for this species include, but are occurring catastrophic event. lived perennial C. oblongifolia ssp. not limited to, lowland dry and mesic mauiensis and is currently occupied by forests dominated by Diospyros Maui 17—Ctenitis squamigera—a one plant. The habitat features sandwicensis. This unit is essential to This unit is critical habitat for Ctenitis contained in this unit that are essential conservation of the species because it squamigera and is 1,979 ha (4,890 ac) on for this species include, but are not provides for one population within this State (West Maui Forest Reserve) and limited to, sides of ridges and ridge tops multi-island species’ historical range on privately owned land. The unit contains in Metrosideros polymorpha-dominated Maui that is some distance away from Hokuula and Puu Lio summits, montane forest. This unit is essential to the other critical habitat for this species, Nakalaloa and Poohahoahoa streams, the conservation of the species because in order to avoid all populations and Kapilau Ridge. This unit provides it supports an extant colony of this important for the conservation of the habitat for two populations of 300 species and includes habitat that is species on the island from being mature, reproducing individuals of the important for the expansion of the destroyed by one naturally occurring short-lived perennial C. squamigera and present population. It is some distance catastrophic event. is currently occupied by 30 plants. The away from the other critical habitat for habitat features contained in this unit Maui 17—Colubrina oppositifolia—b this species, in order to avoid all that are essential for this species populations important for the This unit is critical habitat for include, but are not limited to, forest conservation of the species on the island Colubrina oppositifolia and is 176 ha understory in Metrosideros polymorpha from being destroyed by one naturally (435 ac) on State (Panaewa Section of montane wet forest, mesic forest, or occurring catastrophic event. the West Maui NAR) and privately diverse mesic forest. This unit is owned land. The unit contains Kahoma essential to the conservation of the Maui 9—Clermontia samuelii—a and Kanaha Valleys and Halona Stream. species because it supports an extant This unit is critical habitat for This unit provides habitat for one colony of this species and includes Clermontia samuelii and is 3,130 ha population of 100 mature, reproducing habitat that is important for the (7,735 ac) on State (Hana and Koolau individuals of the long-lived perennial expansion of the present population. It Forest Reserve) and federally (Haleakala C. oppositifolia and is currently is some distance away from the other National Park) owned land. The unit unoccupied. The habitat features critical habitat for this species, in order contains Anapanapa Lake, Heleleikeoha contained in this unit that are essential to avoid all populations important for Stream, Kawakoe Valley, and for this species include, but are not the conservation of the species on the Kawaipapa Stream. This unit provides limited to, lowland dry and mesic island from being destroyed by one habitat for 5 populations of 300 mature, forests dominated by Diospyros naturally occurring catastrophic event. reproducing individuals of the short- sandwicensis. This unit is essential to lived perennial C. samuelii and is conservation of the species because it Maui 17—Ctenitis squamigera—b currently occupied by 5 plants. The provides for one population within this This unit is critical habitat for Ctenitis habitat features contained in this unit multi-island species’ historical range on squamigera and is 816 ha (2,018 ac) on that are essential for this species Maui that is some distance away from State (Panaewa Section of the West include, but are not limited to, wet the other critical habitat for this species, Maui NAR and West Maui Forest Metrosideros polymorpha and M. in order to avoid all populations Reserve) and privately owned land. The polymorpha-Dicranopteris linearis important for the conservation of the unit contains Wahikuli, Hahakea and
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Puuiki gulches, and Kanaha Stream. contained in this unit that are essential from the other critical habitat for this This unit provides habitat for two for this species include, but are not species, in order to avoid all populations of 300 mature, reproducing limited to, forest understory in populations important for the individuals of the short-lived perennial Metrosideros polymorpha montane wet conservation of the species on the island C. squamigera and is currently occupied forest, mesic forest, or diverse mesic from being destroyed by one naturally by one plant. The habitat features forest. This unit is essential to occurring catastrophic event. contained in this unit that are essential conservation of the species because it Maui 8—Cyanea glabra—a for this species include, but are not provides for one population within this limited to, forest understory in multi-island species’ historical range on This unit is critical habitat for Cyanea Metrosideros polymorpha montane wet Maui that is some distance away from glabra and is 450 ha (1,112 ac) on State forest, mesic forest, or diverse mesic the other critical habitat for this species, (Makawao Forest Reserve) and privately forest. This unit is essential to the in order to avoid all populations owned land. The unit contains Wiohiwi conservation of the species because it important for the conservation of the Gulch. It provides habitat for two supports an extant colony of this species species on the island from being populations of 300 mature, reproducing and includes habitat that is important destroyed by one naturally occurring individuals of the short-lived perennial for the expansion of the present catastrophic event. C. glabra and is currently unoccupied. population. It is some distance away The habitat features contained in this Maui 8—Cyanea copelandii ssp. from the other critical habitat for this unit that are essential for this species haleakalaensis—a species, in order to avoid all include, but are not limited to, soil and populations important for the This unit is critical habitat for Cyanea rock stream banks in wet lowland forest. conservation of the species on the island copelandii ssp. haleakalaensis and is This unit is essential to conservation of from being destroyed by one naturally 501 ha (1,238 ac) on State and privately the species because it provides for two occurring catastrophic event. owned land. The unit contains Opana populations within this multi-island Gulch, Kailua Stream, and Haiku Uka. species’ historical range on Maui that Maui 17—Ctenitis squamigera—c This unit provides habitat for 3 are some distance away from the other This unit is critical habitat for Ctenitis populations of 300 mature, reproducing critical habitat for this species, in order squamigera and is 137 ha (337 ac) on individuals of the short-lived perennial to avoid all populations important for State (Honokowai Section of the West C. copelandii ssp. haleakalaensis and is the conservation of the species on the Maui NAR and West Maui Forest currently occupied by one plant. The island from being destroyed by one Reserve) and privately owned land. The habitat features contained in this unit naturally occurring catastrophic event. unit contains Kapaloa and Amalu that are essential for this species Streams. This unit provides habitat for include, but are not limited to, stream Maui 9—Cyanea glabra—b one population, in combination with banks and wet talus slopes. This unit is This unit is critical habitat for Cyanea Maui 18—Ctenitis squamigera—d and essential to the conservation of the glabra and is 649 ha (1,605 ac) on Kapunakea Preserve, of 300 mature, species because it supports an extant federally owned land (Haleakala reproducing individuals of the short- colony of this species and includes National Park). The unit contains lived perennial C. squamigera and is habitat that is important for the Kipahulu Valley, Palikea Stream, and currently occupied by 21 plants. The expansion of the present population. It Kaukaui Gulch. It provides habitat for habitat features contained in this unit is some distance away from the other two populations of 300 mature, that are essential for this species critical habitat for this species, in order reproducing individuals of the short- include, but are not limited to, forest to avoid all populations important for lived perennial C. glabra and is understory in Metrosideros polymorpha the conservation of the species on the currently unoccupied. The habitat montane wet forest, mesic forest, or island from being destroyed by one features contained in this unit that are diverse mesic forest. This unit is naturally occurring catastrophic event. essential for this species include, but are essential to the conservation of the not limited to, soil and rock stream Maui 9—Cyanea copelandii ssp. species because it supports an extant banks in wet lowland forest. This unit haleakalaensis—b colony of this species and includes is essential to conservation of the habitat that is important for the This unit is critical habitat for Cyanea species because it provides for two expansion of the present population. It copelandii ssp. haleakalaensis and is populations within this multi-island is some distance away from the other 1,709 ha (4,224 ac) on State (Hana species’ historical range on Maui that critical habitat for this species, in order Forest Reserve) and federally (Haleakala are some distance away from the other to avoid all populations important for National Park) owned land. The unit critical habitat for this species, in order the conservation of the species on the contains Kaumakani Summit, Puu Kue to avoid all populations important for island from being destroyed by one Summit, Kipahulu Valley, Kaukaui the conservation of the species on the naturally occurring catastrophic event. Gulch, and Palikea Stream. It provides island from being destroyed by one habitat for 5 populations of 300 mature, naturally occurring catastrophic event. Maui 18—Ctenitis squamigera—d reproducing individuals of the short- This unit is critical habitat for Ctenitis lived perennial C. copelandii ssp. Maui 9—Cyanea glabra—c squamigera and is 14 ha (34 ac) on State haleakalaensis and is currently This unit is critical habitat for Cyanea (West Maui Forest Reserve) and occupied by 200 plants. The habitat glabra and is 363 ha (897 ac) on State privately owned land. The unit contains features contained in this unit that are (Hana Forest Reserve) land. The unit no named natural features and provides essential for this species include, but are contains Waihoi Valley. It provides habitat for one population in not limited to, stream banks and wet habitat for one population of 300 combination with Maui 17—Ctenitis talus slopes. This unit is essential to the mature, reproducing individuals of the squamigera—c and Kapunakea Preserve conservation of the species because it short-lived perennial C. glabra and is of 300 mature, reproducing individuals supports an extant colony of this species currently unoccupied. The habitat of the short-lived perennial C. and includes habitat that is important features contained in this unit that are squamigera and is currently for the expansion of the present essential for this species include, but are unoccupied. The habitat features population. It is some distance away not limited to, soil and rock stream
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banks in wet lowland forest. This unit contains Amalu and Kapaloa streams. It from the other critical habitat for this is essential to conservation of the provides habitat for one population of species, in order to avoid all species because it provides for one 300 mature, reproducing individuals of populations important for the population within this multi-island the short-lived perennial C. glabra and conservation of the species on the island species’ historical range on Maui that is is currently unoccupied. The habitat from being destroyed by one naturally some distance away from the other features contained in this unit that are occurring catastrophic event. critical habitat for this species, in order essential for this species include, but are Maui 8—Cyanea hamatiflora ssp. to avoid all populations important for not limited to, soil and rock stream hamatiflora—a the conservation of the species on the banks in wet lowland forest. This unit island from being destroyed by one is essential to conservation of the This unit is critical habitat for Cyanea naturally occurring catastrophic event. species because it provides for one hamatiflora ssp. hamatiflora and is 611 population within this multi-island ha (1,509 ac) on State (Koolau Forest Maui 17—Cyanea glabra—d species’ historical range on Maui that is Reserve) and privately owned land. The This unit is critical habitat for Cyanea some distance away from the other unit contains Haipuaena Stream, glabra and is 255 ha (630 ac) on State critical habitat for this species, in order Puohokamoa Stream, and Waikamoi (West Maui Forest Reserve) land. The to avoid all populations important for Stream. It provides habitat for 3 unit contains Olowalu Valley and the conservation of the species on the populations of 300 mature, reproducing Stream. It provides habitat for one island from being destroyed by one individuals of the short-lived perennial population of 300 mature, reproducing naturally occurring catastrophic event. C. hamatiflora ssp. hamatiflora and is individuals of the short-lived perennial currently occupied by 5 plants. The C. glabra and is currently unoccupied. Maui 17—Cyanea glabra—g habitat features contained in this unit The habitat features contained in this This unit is critical habitat for Cyanea that are essential for this species unit that are essential for this species glabra and is 79 ha (194 ac) on privately include, but are not limited to, montane include, but are not limited to, soil and owned land. The unit contains Kauaula wet forest dominated by Metrosideros rock stream banks in wet lowland forest. Valley. It provides habitat for one polymorpha with a Cibotium sp. and/or This unit is essential to conservation of population of 300 mature, reproducing native shrub understory or closed the species because it provides for one individuals of the short-lived perennial Acacia koa-M. polymorpha wet forest. population within this multi-island C. glabra and is currently occupied by This unit is essential to the conservation species’ historical range on Maui that is 12 plants. The habitat features of the species because it supports an some distance away from the other contained in this unit that are essential extant colony of this species and critical habitat for this species, in order for this species include, but are not includes habitat that is important for the to avoid all populations important for limited to, soil and rock stream banks in expansion of the present population. It the conservation of the species on the wet lowland forest. This unit is essential is some distance away from the other island from being destroyed by one to the conservation of the species critical habitat for this species, in order naturally occurring catastrophic event. because it supports an extant colony of to avoid all populations important for this species and includes habitat that is the conservation of the species on the Maui 17—Cyanea glabra—e important for the expansion of the island from being destroyed by one This unit is critical habitat for Cyanea present population. It is some distance naturally occurring catastrophic event. glabra and is 471 ha (1,163 ac) on State away from the other critical habitat for Maui 9—Cyanea hamatiflora ssp. (Panaewa Section of the West Maui this species, in order to avoid all hamatiflora—b NAR, and West Maui Forest Reserve) populations important for the and privately owned land. The unit conservation of the species on the island This unit is critical habitat for Cyanea contains Waihikuli, Hahakea and Puuiki from being destroyed by one naturally hamatiflora ssp. hamatiflora and is gulches, and Kanaha and Halona occurring catastrophic event. 1,310 ha (3,235 ac) on State (Kipahulu streams. It provides habitat for two and Hana Forest Reserve) and federally Maui 17—Cyanea grimesiana ssp. populations of 300 mature, reproducing owned (Haleakala National Park) land. grimesiana—a individuals of the short-lived perennial The unit contains Puu Ahulili Summit, C. glabra and is currently unoccupied. This unit is critical habitat for Cyanea Kipahulu Valley, Kaumakani Summit, The habitat features contained in this grimesiana ssp. grimesiana and is 921 Kaukaui Gulch, and Palikea Stream. It unit that are essential for this species ha (2,273 ac) on State (West Maui Forest provides habitat for 5 populations of include, but are not limited to, soil and Reserve) and privately owned land. The 300 mature, reproducing individuals of rock stream banks in wet lowland forest. unit contains the Needle Summit, the short-lived perennial C. hamatiflora This unit is essential to conservation of Poohahouhoa Stream, Nakalaloa Stream, ssp. hamatiflora and is currently the species because it provides for two and Iao Valley. It provides habitat for occupied by 13 plants. The habitat populations within this multi-island two populations of 300 mature, features contained in this unit that are species’ historical range on Maui that reproducing individuals of the short- essential for this species include, but are are some distance away from the other lived perennial C. grimesiana ssp. not limited to, montane wet forest critical habitat for this species, in order grimesiana and is currently occupied by dominated by Metrosideros polymorpha to avoid all populations important for fewer than 5 plants. The habitat features with a Cibotium sp. and/or native shrub the conservation of the species on the contained in this unit that are essential understory or closed Acacia koa-M. island from being destroyed by one for this species include, but are not polymorpha wet forest. This unit is naturally occurring catastrophic event. limited to, rocky or steep slopes of essential to the conservation of the stream banks in wet forest gulch species because it supports an extant Maui 17—Cyanea glabra—f bottoms. This unit is essential to the colony of this species and includes This unit is critical habitat for Cyanea conservation of the species because it habitat that is important for the glabra and is 188 ha (464 ac) on State supports an extant colony of this species expansion of the present population. It (Honokowai Section of the West Maui and includes habitat that is important is some distance away from the other NAR, and West Maui Forest Reserve) for the expansion of the present critical habitat for this species, in order and privately owned land. The unit population. It is some distance away to avoid all populations important for
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the conservation of the species on the include, but are not limited to, steep all populations important for the island from being destroyed by one stream banks in deep shade in wet conservation of the species on the island naturally occurring catastrophic event. forest. This unit is essential to the from being destroyed by one naturally conservation of the species because it occurring catastrophic event. Maui 17—Cyanea lobata—a provides for three populations within Maui 17—Cyrtandra munroi—b This unit is critical habitat for Cyanea this multi-island species’ historical lobata and is 132 ha (323 ac) on State range on Maui that are some distance This unit is critical habitat for (Honokowai Section of the West Maui away from the other critical habitat for Cyrtandra munroi and is 238 ha (590 ac) NAR, and West Maui Forest Reserve) this species, in order to avoid all on State and privately owned land. The and privately owned land. The unit populations important for the unit contains Hahakea and Puuiki contains Kapaloa and Amalu Streams. It conservation of the species on the island gulches and Kahoma Stream. It provides provides habitat for two populations of from being destroyed by one naturally habitat for two populations of 300 300 mature, reproducing individuals of occurring catastrophic event. mature, reproducing individuals of the the short-lived perennial C. lobata and short-lived perennial C. munroi and is is currently occupied by at least one Maui 8—Cyanea mceldowneyi—a currently occupied by at least one plant. plant. The habitat features contained in This unit is critical habitat for Cyanea The habitat features contained in this this unit that are essential for this mceldowneyi and is 2,127 ha (5,255 ac) unit that are essential for this species species include, but are not limited to, on State (Makawao and Koolau Forest include, but are not limited to, moist to steep stream banks in deep shade in wet Reserves) and privately owned land. wet, moderately steep talus slopes. This forest. This unit is essential to the The unit contains area from Kahakapau unit is essential to the conservation of conservation of the species because it Gulch to the rim of Keanae Valley. It the species because it supports an extant supports an extant colony of this species provides habitat for 5 populations of colony of this species and includes and includes habitat that is important 300 mature, reproducing individuals of habitat that is important for the for the expansion of the present the short-lived perennial C. expansion of the present population. It population. It is some distance away mceldowneyi and is currently occupied is some distance away from the other from the other critical habitat for this by 33 plants. The habitat features critical habitat for this species, in order species, in order to avoid all contained in this unit that are essential to avoid all populations important for populations important for the for this species include, but are not the conservation of the species on the conservation of the species on the island limited to, montane wet and mesic island from being destroyed by one from being destroyed by one naturally forest with mixed Metrosideros naturally occurring catastrophic event. occurring catastrophic event. polymorpha-Acacia koa. This unit is essential to the conservation of the Maui 17—Cyrtandra munroi—c Maui 17—Cyanea lobata—b species because it supports an extant This unit is critical habitat for This unit is critical habitat for Cyanea colony of this species and includes Cyrtandra munroi and is 603 ha (1,490 lobata and is 114 ha (281 ac) on State habitat that is important for the ac) on State (Kahakuloa Section of the (Panaewa Section of the West Maui expansion of the present population. West Maui NAR) and privately owned NAR) and privately owned land. The Although we do not feel that there is land. The unit contains Kahakuloa unit contains Kauaula Stream. It enough habitat that currently exists to Valley, Honanana Gulch, Keahikauo, provides habitat for two populations of reach the recovery goal of 8 to 10 and Makamakaole Stream. It provides 300 mature, reproducing individuals of populations for this island-endemic habitat for 3 populations of 300 mature, the short-lived perennial C. lobata and species, this unit is of an appropriate reproducing individuals of the short- is currently unoccupied. The habitat size so that each potential population lived perennial C. munroi and is features contained in this unit that are important for the conservation of the currently unoccupied. The habitat essential for this species include, but are species within the unit is geographically features contained in this unit that are not limited to, steep stream banks in separated enough to avoid their essential for this species include, but are deep shade in wet forest. This unit is destruction by one naturally occurring not limited to, moist to wet, moderately essential to the conservation of the catastrophic event. steep talus slopes. This unit is essential species because it provides for two to the conservation of the species Maui 17—Cyrtandra munroi—a populations within this multi-island because it provides for three species’ historical range on Maui that This unit is critical habitat for populations within this multi-island are some distance away from the other Cyrtandra munroi and is 156 ha (386 ac) species’ historical range on Maui that critical habitat for this species, in order on State (Honokowai Section of the are some distance away from the other to avoid all populations important for West Maui NAR, and West Maui Forest critical habitat for this species, in order the conservation of the species on the Reserve) and privately owned land. The to avoid all populations important for island from being destroyed by one unit contains Amalu Stream. It provides the conservation of the species on the naturally occurring catastrophic event. habitat for two populations of 300 island from being destroyed by one mature, reproducing individuals of the naturally occurring catastrophic event. Maui 17—Cyanea lobata—c short-lived perennial C. munroi and is This unit is critical habitat for Cyanea currently unoccupied. The habitat Maui 9—Diellia erecta—a lobata and is 578 ha (1,427 ac) on State features contained in this unit that are This unit is critical habitat for Diellia (Kahakuloa Section of the West Maui essential for this species include, but are erecta and is 2 ha (6 ac) on State-owned NAR) and privately owned land. The not limited to, moist to wet, moderately land (Kula Forest Reserve). The unit unit contains Honanana and Kahakuloa steep talus slopes. This unit is essential contains no named natural features. It Streams. It provides habitat for 3 to the conservation of the species provides habitat for one population of populations of 300 mature, reproducing because it provides for two populations 300 mature, reproducing individuals of individuals of the short-lived perennial within this multi-island species’ the short-lived perennial D. erecta and C. lobata and is currently unoccupied. historical range on Maui that are some is currently unoccupied. The habitat The habitat features contained in this distance away from the other critical features contained in this unit that are unit that are essential for this species habitat for this species, in order to avoid essential for this species include, but are
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not limited to, granular soil with leaf Maui 17—Diellia erecta—d for this species include, but are not litter and moss on north-facing slopes in This unit is critical habitat for Diellia limited to, granular soil with leaf litter deep shade or gulch bottoms. This unit erecta and is 70 ha (172 ac) on privately and moss on north-facing slopes in deep is essential to the conservation of the owned land. The unit contains Iao shade or gulch bottoms. This unit is species because it provides for one Valley. It provides habitat for one essential to the conservation of the population within this multi-island population of 300 mature, reproducing species because it supports an extant species’ historical range on Maui that is individuals of the short-lived perennial colony of this species and includes some distance away from the other D. erecta and is currently occupied by habitat that is important for the critical habitat for this species, in order 20 plants. The habitat features expansion of the present population. It to avoid all populations important for contained in this unit that are essential is some distance away from the other the conservation of the species on the for this species include, but are not critical habitat for this species, in order island from being destroyed by one limited to, granular soil with leaf litter to avoid all populations important for naturally occurring catastrophic event. and moss on north-facing slopes in deep the conservation of the species on the shade or gulch bottoms. This unit is island from being destroyed by one Maui 9—Diellia erecta—b essential to the conservation of the naturally occurring catastrophic event. This unit is critical habitat for Diellia species because it supports an extant Maui 8—Diplazium molokaiense—a colony of this species and includes erecta and is 174 ha (432 ac) on State- This unit is critical habitat for owned land. The unit contains Puu habitat that is important for the expansion of the present population. It Diplazium molokaiense and is 575 ha Pane. It provides habitat for one (1,420 ac) on State (Makawao Forest population of 300 mature, reproducing is some distance away from the other critical habitat for this species, in order Reserve) and privately owned land. The individuals of the short-lived perennial unit contains Puu o Kakae, Waikamoi, D. erecta and is currently unoccupied. to avoid all populations important for the conservation of the species on the Honomanu, and Piinaau streams. It The habitat features contained in this island from being destroyed by one provides habitat for two populations of unit that are essential for this species naturally occurring catastrophic event. 300 mature, reproducing individuals of include, but are not limited to, granular the short-lived perennial D. soil with leaf litter and moss on north- Maui 17—Diellia erecta—e molokaiense and is currently occupied facing slopes in deep shade or gulch This unit is critical habitat for Diellia by at least one plant. The habitat bottoms. This unit is essential to the erecta and is 12 ha (30 ac) on State features contained in this unit that are conservation of the species because it (Manawainui Plant Sanctuary) land. The essential for this species include, but are provides for one population within this unit contains no named natural features. not limited to, land near water courses, multi-island species’ historical range on It provides habitat for one population,in often in proximity to waterfalls, in Maui that is some distance away from combination with Maui 17—Diellia lowland or montane mesic forests. This the other critical habitat for this species, erecta—c and Maui 17—Diellia erecta— unit is essential to the conservation of in order to avoid all populations f, of 300 mature, reproducing the species because it supports an extant important for the conservation of the individuals of the short-lived perennial colony of this species and includes species on the island from being D. erecta and is currently occupied by habitat that is important for the destroyed by one naturally occurring at least one plant. The habitat features expansion of the present population. It catastrophic event. contained in this unit that are essential is some distance away from the other for this species include, but are not critical habitat for this species, in order Maui 17—Diellia erecta—c limited to, granular soil with leaf litter to avoid all populations important for the conservation of the species on the This unit is critical habitat for Diellia and moss on north-facing slopes in deep shade or gulch bottoms. This unit is island from being destroyed by one erecta and is 22 ha (55 ac) on State naturally occurring catastrophic event. (West Maui Forest Reserve) land. The essential to the conservation of the unit contains Papalaua Gulch. It species because it supports an extant Maui 9—Diplazium molokaiense—b provides habitat for one population;in colony of this species and includes habitat that is important for the This unit is critical habitat for combination with Maui 17—Diellia expansion of the present population. It Diplazium molokaiense and is 162 ha erecta—e and Maui 17—Diellia erecta— is some distance away from the other (401 ac) on State-owned land. The unit f, f 300 mature, reproducing individuals critical habitat for this species, in order contains Manawainui Stream. It of the short-lived perennial D. erecta to avoid all populations important for provides habitat for one population of and is currently unoccupied. The the conservation of the species on the 300 mature, reproducing individuals of habitat features contained in this unit island from being destroyed by one the short-lived perennial D. that are essential for this species naturally occurring catastrophic event. molokaiense and is currently include, but are not limited to, granular unoccupied. The habitat features soil with leaf litter and moss on north- Maui 17—Diellia erecta—f contained in this unit that are essential facing slopes in deep shade or gulch This unit is critical habitat for Diellia for this species include, but are not bottoms. This unit is essential to the erecta and is 14 ha (34 ac) on State- limited to, land near water courses, conservation of the species because it owned land (West Maui Forest Reserve). often in proximity to waterfalls, in provides for one population within this The unit contains Hanaulaiki. It lowland or montane mesic forests. This multi-island species’ historical range on provides habitat for one population in unit is essential to the conservation of Maui that is some distance away from combination with Maui 17—Diellia the species because it provides for one the other critical habitat for this species, erecta—c and Maui 17—Diellia erecta— population within this multi-island in order to avoid all populations e, of 300 mature, reproducing species’ historical range on Maui that is important for the conservation of the individuals of the short-lived perennial some distance away from the other species on the island from being D. erecta and is currently occupied by critical habitat for this species, in order destroyed by one naturally occurring one plant. The habitat features to avoid all populations important for catastrophic event. contained in this unit that are essential the conservation of the species on the
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island from being destroyed by one Forest Reserve) and privately owned the long-lived perennial F. neowawraea naturally occurring catastrophic event. land. The unit contains Lihau Summit and is currently occupied by 4 plants. and Olowalu Valley. It provides habitat The habitat features contained in this Maui 17—Diplazium molokaiense—c for two populations of 300 mature, unit that are essential for this species This unit is critical habitat for reproducing individuals of the short- include, but are not limited to, dry or Diplazium molokaiense and is 1,495 ha lived perennial D. plantaginea ssp. mesic forest. This unit is essential to the (3,693 ac) on State (West Maui Forest humilis and is currently unoccupied. conservation of the species because it Reserve) and privately owned land. The This unit is essential to the conservation supports an extant colony of this species unit contains the Needle Summit, of the species because it supports and includes habitat that is important Poohahouhoa and Nakalaloa streams, habitat that is necessary to the for the expansion of the present and Iao Valley). It provides habitat for establishment of additional populations population. It is some distance away three populations of 300 mature, on Maui in order to reach recovery from the other critical habitat for this reproducing individuals of the short- goals. The habitat features contained in species, in order to avoid all lived perennial D. molokaiense and is this unit that are essential for this populations important for the currently unoccupied. The habitat species include, but are not limited to, conservation of the species on the island features contained in this unit that are wet, barren, steep, rocky, wind-blown from being destroyed by one naturally essential for this species include, but are cliffs. Although we do not believe that occurring catastrophic event. not limited to, land near water courses, there is enough habitat that currently Maui 13—Flueggea neowawraea—b often in proximity to waterfalls, in exists to reach the recovery goal of 8 to lowland or montane mesic forests. This 10 populations for this island-endemic This unit is critical habitat for unit is essential to the conservation of species, this unit is some distance away Flueggea neowawraea and is 50 ha (124 the species because it provides for three from the other critical habitat for this ac) on State-owned land. The unit populations within this multi-island species in order to avoid all populations contains land west of Auwahi Gulch species’ historical range on Maui that is important for the conservation of the and south of Puu Ouli. In combination some distance away from the other species from being destroyed by one with Ulupalakua Ranch and Maui 9— critical habitat for this species, in order naturally occurring catastrophic event. Flueggea neowawraea—a, it provides to avoid all populations important for habitat for one population of 100 the conservation of the species on the Maui 17—Dubautia plantaginea ssp. mature, reproducing individuals of the island from being destroyed by one humilis—c long-lived perennial F. neowawraea and naturally occurring catastrophic event. This unit is critical habitat for is currently unoccupied. The habitat Dubautia plantaginea ssp. humilis and features contained in this unit that are Maui 17—Dubautia plantaginea ssp. is 95 ha (234 ac) on State (West Maui essential for this species include, but are humilis—a Forest Reserve) and privately owned not limited to, dry or mesic forest. This This unit is critical habitat for land. The unit contains Iao Valley and unit is essential to the conservation of Dubautia plantaginea ssp. humilis and Needle and Au Stream. It provides the species because it provides for one is 293 ha (723 ac) on State (West Maui habitat for one population of 300 population within this multi-island Forest Reserve) and privately owned mature, reproducing individuals of the species’ historical range on Maui that is land. The unit contains Kauaula Valley short-lived perennial D. plantaginea some distance away from the other and Stream and Niupoko. It provides ssp. humilis and is currently occupied critical habitat for this species, in order habitat for three populations of 300 by 65 plants. The habitat features to avoid all populations important for mature, reproducing individuals of the contained in this unit that are essential the conservation of the species on the short-lived perennial D. plantaginea for this species include, but are not island from being destroyed by one ssp. humilis and is currently limited to, wet, barren, steep, rocky, naturally occurring catastrophic event. unoccupied. This unit is essential to the wind-blown cliffs. This unit is essential Maui 9—Geranium arboreum—a conservation of the species because it to the conservation of the species supports habitat that is necessary to the because it supports an extant colony of This unit is critical habitat for establishment of additional populations this species and includes habitat that is Geranium arboreum and is 731 ha on Maui in order to reach recovery important for the expansion of the (1,806 ac) on State (Kula Forest Reserve) goals. The habitat features contained in present population. Although we do not land. The unit contains Polipoli this unit that are essential for this believe that there is enough habitat that Summit. It provides habitat for 4 species include, but are not limited to, currently exists to reach the recovery populations of 100 mature, reproducing wet, barren, steep, rocky, wind-blown goal of 8 to 10 populations for this individuals of the long-lived perennial cliffs. Although we do not believe that island-endemic species, this unit some G. arboreum and is currently occupied there is enough habitat that currently distance away from the other critical by 12 plants. The habitat features exists to reach the recovery goal of 8 to habitat for this species in order to avoid contained in this unit that are essential 10 populations for this island-endemic all populations important for the for this species include, but are not species this unit is some distance away conservation of the species from being limited to, steep, damp, and shaded from the other critical habitat for this destroyed by one naturally occurring narrow canyons and gulches, steep species, in order to avoid all catastrophic event. banks, and intermittent streams. This populations important for the unit is essential to the conservation of Maui 9—Flueggea neowawraea—a conservation of the species from being the species because it supports an extant destroyed by one naturally occurring This unit is critical habitat for colony of this species and includes catastrophic event. Flueggea neowawraea and is 52 ha (128 habitat that is important for the ac) on State-owned land (Department of expansion of the present population. Maui 17—Dubautia plantaginea ssp. Hawaiian Home Lands (DHHL)). The Although we do not feel that there is humilis—b unit contains Lualailua Hills. It provides enough habitat that currently exists to This unit is critical habitat for habitat for one population in reach the recovery goal of 8 to 10 Dubautia plantaginea ssp. humilis and combination with Ulupalakua Ranch of populations for this island-endemic is 114 ha (283 ac) on State (West Maui 100 mature, reproducing individuals of species, the units are of an appropriate
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distance apart to avoid their destruction Waikamoi Preserve of 100 mature, Maui 9—Geranium multiflorum—c by one naturally occurring catastrophic reproducing individuals of the long- This unit is critical habitat for event. lived perennial G. multiflorum and is Geranium multiflorum and is 183 ha currently unoccupied. The habitat Maui 14—Geranium arboreum—b (450 ac) on State-owned land. The unit features contained in this unit that are This unit is critical habitat for contains Manawainui Gulch. It provides essential for this species include, but are habitat for one population of 100 Geranium arboreum and is 452 ha not limited to, wet or mesic mature, reproducing individuals of the (1,115 ac) on State (Kula Forest Reserve) Metrosideros polymorpha montane long-lived perennial G. multiflorum and and privately owned land. The unit forest or alpine mesic forest, is currently unoccupied. The habitat contains Waiohuli Gulch. It provides Leptecophylla tameiameiae shrubland, features contained in this unit that are habitat for one population of 100 Sophora chrysophylla subalpine dry essential for this species include, but are mature, reproducing individuals of the forest, open sedge swamps, fog-swept not limited to, wet or mesic long-lived perennial G. arboreum and is lava flows, or montane grasslands. This Metrosideros polymorpha montane currently occupied by 22 plants. The unit is essential to the conservation of forest or alpine mesic forest, habitat features contained in this unit the species because it provides for one Leptecophylla tameiameiae shrubland, that are essential for this species population within this multi-island include, but are not limited to, steep, species’ historical range on Maui that is Sophora chrysophylla subalpine dry damp, and shaded narrow canyons and some distance away from the other forest, open sedge swamps, fog-swept gulches, steep banks, and intermittent critical habitat for this species, in order lava flows, or montane grasslands. This streams. This unit is essential to the to avoid all populations important for unit is essential to the conservation of conservation of the species because it the conservation of the species on the the species because it provides for one supports an extant colony of this species island from being destroyed by one population within this multi-island and includes habitat that is important naturally occurring catastrophic event. species’ historical range on Maui that is for the expansion of the present some distance away from the other population. It is some distance away Maui 9—Geranium multiflorum—b critical habitat for this species, in order from the other critical habitat for this This unit is critical habitat for to avoid all populations important for species, in order to avoid all Geranium multiflorum and is 4,817 ha the conservation of the species on the populations important for the (11,902 ac) on State (Koolau Forest island from being destroyed by one conservation of the species on the island Reserve), Federal (Haleakala National naturally occurring catastrophic event. from being destroyed by one naturally Park), and privately owned land. The Maui 17—Gouania vitifolia—a occurring catastrophic event. unit contains Anapanapa Lake, Halalii Summit, Haleakala Crater, Hanakauhi This unit is critical habitat for Maui 15—Geranium arboreum—c Summit, Hina, Mauna Summit, Gouania vitifolia and is 486 ha (1,198 This unit is critical habitat for Honokahua Summit, Ka Moa o Pele ac) on State (Panaewa Section of the Geranium arboreum and is 667 ha Summit, Kalapawili Ridge, Kalua Awa West Maui NAR) and privately owned (1,648 ac) on State (Kula Forest Reserve) Summit, Kaluaiki Crater, Kaluanui land. The unit contains Paupau Summit and privately owned land. The unit Crater, Koolau Gap, Kuiki Summit, Laie and Halona and Kanaka streams. It contains land from Waiakoa to Cave, Laie Puu Summit, Lauulu provides habitat for one population of Kamehamenui. It provides habitat for Summit, Namana o ke Akua Summit, 300 mature, reproducing individuals of two populations of 100 mature, Oili Puu Summit, Pohaku Palaha the short-lived perennial G. vitifolia and reproducing individuals of the long- Summit, Puu Alaea Summit, Puu is currently unoccupied. The habitat lived perennial G. arboreum and is Kauaua Summit, Puu Kumu Summit, features contained in this unit that are currently occupied by two plants. The Puu Maile Summit, Puu Mamane essential for this species include, but are habitat features contained in this unit Summit, Puu Naue Summit, Puu Nole not limited to, the sides of ridges and that are essential for this species Summit, and Waikekeehia. It provides gulches in dry to mesic forests. This include, but are not limited to, steep, habitat for 6 populations of 100 mature, unit is essential to the conservation of damp, and shaded narrow canyons and reproducing individuals of the long- the species because it provides for one gulches, steep banks, and intermittent lived perennial G. multiflorum and is population within this multi-island streams. This unit is essential to the currently occupied by 122 plants. The species’ historical range on Maui that is conservation of the species because it habitat features contained in this unit some distance away from the other supports an extant colony of this species that are essential for this species critical habitat for this species, in order and includes habitat that is important include, but are not limited to, wet or to avoid all populations important for for the expansion of the present mesic Metrosideros polymorpha the conservation of the species on the population. Although we do not feel montane forest or alpine mesic forest, island from being destroyed by one that there is enough habitat that Leptecophylla tameiameiae shrubland, naturally occurring catastrophic event. Sophora chrysophylla subalpine dry currently exists to reach the recovery Maui 17—Hedyotis coriacea—a goal of 8 to 10 populations for this forest, open sedge swamps, fog-swept island-endemic species, the units are of lava flows, or montane grasslands. This This unit is critical habitat for an appropriate distance apart to avoid unit is essential to the conservation of Hedyotis coriacea and is 106 ha (262 ac) their destruction by one naturally the species because it supports an extant on State (Lihau Section of the West occurring catastrophic event. colony of this species and includes Maui NAR) and privately owned land. habitat that is important for the The unit contains Olowalu Valley. It Maui 8—Geranium multiflorum—a establishment of additional populations. provides habitat for one population of This unit is critical habitat for It is some distance away from the other 300 mature, reproducing individuals of Geranium multiflorum and is 46 ha (113 critical habitat for this species, in order the short-lived perennial H. coriacea ac) on privately owned land. The unit to avoid all populations important for and is currently occupied by one plant. contains Honomanu and Piihaau the conservation of the species on the The habitat features contained in this streams. It provides habitat for one island from being destroyed by one unit that are essential for this species population in combination with naturally occurring catastrophic event. include, but are not limited to, steep,
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rocky slopes in dry lowland Dodonaea island from being destroyed by one brackenridgei and is currently occupied viscosa-dominated shrublands. This naturally occurring catastrophic event. by 8 plants. The habitat features unit is essential to the conservation of contained in this unit that are essential Maui 17—Hesperomannia arbuscula—a the species because it supports an extant for this species include, but are not colony of this species and includes This unit is critical habitat for limited to, lowland dry forest, habitat that is important for the Hesperomannia arbuscula and is 392 ha sometimes with Erythrina sandwicensis expansion of the present population. It (968 ac) on State (Panaewa Section of as the dominant tree. This unit is is some distance away from the other the West Maui NAR) and privately essential to the conservation of the critical habitat for this species, in order owned land. The unit contains Panaewa species because it supports an extant to avoid all populations important for Valley and Halona and Kanaha streams. colony of this species and includes the conservation of the species on the It provides habitat for two populations habitat that is important for the island from being destroyed by one of 100 mature, reproducing individuals expansion of the present population. It naturally occurring catastrophic event. of the long-lived perennial H. arbuscula is some distance away from the other and is currently unoccupied. The critical habitat for this species, in order Maui 17—Hedyotis coriacea—b habitat features contained in this unit to avoid all populations important for This unit is critical habitat for that are essential for this species the conservation of the species on the Hedyotis coriacea and is 138 ha (340 ac) include, but are not limited to, steep island from being destroyed by one on State-owned land (West Maui Forest forested slopes and ridges in mesic naturally occurring catastrophic event. forest dominated by Metrosideros Reserve). The unit contains Ukumehame polymorpha or Diospyros sandwicensis. Maui 17—Hibiscus brackenridgei—b Valley. It provides habitat for one This is essential to the conservation of This unit is critical habitat for population of 300 mature, reproducing the species because it unit provides for Hibiscus brackenridgei and is 667 ha individuals of the short-lived perennial two populations within this multi- (1,645 ac) on State (Lihau Section of the H. coriacea and is currently island species’ historical range on Maui West Maui NAR, West Maui Forest unoccupied. The habitat features that are some distance away from the Reserve) and privately owned land. The contained in this unit that are essential other critical habitat for this species, in unit contains Olowalu Valley, Olowalu for this species include, but are not order to avoid all populations important Stream, and Ukumehame. It provides limited to, steep, rocky slopes in dry for the conservation of the species on habitat for two populations of 300 lowland Dodonaea viscosa-dominated the island from being destroyed by one mature, reproducing individuals of the shrublands. This unit is essential to the naturally occurring catastrophic event. short-lived perennial H. brackenridgei conservation of the species because it and is currently occupied by 14 plants. provides for one population within this Maui 17—Hesperomannia arbuscula—b The habitat features contained in this multi-island species’ historical range on This unit is critical habitat for unit that are essential for this species Maui that is some distance away from Hesperomannia arbuscula and is 436 ha include, but are not limited to, lowland the other critical habitat for this species, (1,076 ac) on privately owned land. The dry forest, sometimes with Erythrina in order to avoid all populations unit contains Iao Valley and Needle, sandwicensis as the dominant tree. This important for the conservation of the and Poohahaonao, Nakalaloa, and unit is essential to the conservation of species on the island from being Kinihapai streams. It provides habitat the species because it supports an extant destroyed by one naturally occurring for 3 populations of 100 mature, colony of this species and includes catastrophic event. reproducing individuals of the long- habitat that is important for the Maui 17—Hedyotis mannii—a lived perennial H. arbuscula and is expansion of the present population. It currently occupied by 10 plants. The is some distance away from the other This unit is critical habitat for habitat features contained in this unit critical habitat for this species, in order Hedyotis mannii and is 2,234 ha (5,521 that are essential for this species to avoid all populations important for ac) on State (Panaewa Section of the include, but are not limited to, steep the conservation of the species on the West Maui NAR) and privately owned forested slopes and ridges in mesic island from being destroyed by one land. The unit contains the Needle forest dominated by Metrosideros naturally occurring catastrophic event. Summit, Poohahouhoa Stream, polymorpha or Diospyros sandwicensis. Maui 6—Ischaemum byrone—a Nakalaloa Stream, Iao Valley, Kauaula, This unit is essential to the conservation Makila Stream, and Kanaha Stream. It of the species because it supports an This unit is critical habitat for provides habitat for two populations of extant colony of this species and Ischaemum byrone and is 18 ha (42 ac) 300 mature, reproducing individuals of includes habitat that is important for the on State and privately owned land. The the short-lived perennial H. mannii and expansion of the present population. It unit contains Kopiliula Stream, Kapaula is currently occupied by fewer than 10 is some distance away from the other Gulch, Waiaaka Stream, Waiohue Bay plants. The habitat features contained in critical habitat for this species, in order and Paakea Gulch. It provides habitat this unit that are essential for this to avoid all populations important for for one population of 300 mature, species include, but are not limited to, the conservation of the species on the reproducing individuals of the short- basalt cliffs along stream banks in island from being destroyed by one lived perennial I. byrone and is Metrosideros polymorpha-Dicranopteris naturally occurring catastrophic event. currently occupied by fewer than 10 linearis montane wet forest. This unit is plants. The habitat features contained in essential to the conservation of the Maui 16—Hibiscus brackenridgei—a this unit that are essential for this species because it supports an extant This unit is critical habitat for species include, but are not limited to, colony of this species and includes Hibiscus brackenridgei and is 212 ha close proximity to the ocean, among habitat that is important for the (524 ac) on privately owned land. The rocks or on basalt cliffs in windward expansion of the present population. It unit contains Paleaanu and Kaonohoa coastal dry shrubland. This unit is is some distance away from the other gulches and Kaunoahua Ridge. It essential to the conservation of the critical habitat for this species, in order provides habitat for one population of species because it supports an extant to avoid all populations important for 300 mature, reproducing individuals of colony of this species and includes the conservation of the species on the the short-lived perennial H. habitat that is important for the
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expansion of the present population. It and Manawainui, Kamole, and Palaha Metrosideros polymorpha-Dicranopteris is some distance away from the other gulches. It provides habitat for 4 linearis-dominated wet to mesic critical habitat for this species, in order populations of 300 mature, reproducing shrubland or M. polymorpha- to avoid all populations important for individuals of the short-lived perennial Cheirodendron sp. montane forest. This the conservation of the species on the L. kamolensis and is currently occupied unit is essential to the conservation of island from being destroyed by one by 100 to 200 plants. The habitat the species because it supports an extant naturally occurring catastrophic event. features contained in this unit that are colony of this species and includes essential for this species include, but are habitat that is important for the Maui 7—Ischaemum byrone—b not limited to, gulches or gentle slopes expansion of the present population. It This unit is critical habitat for outside gulches in dry shrubland. This is some distance away from the other Ischaemum byrone and is 11 ha (27 ac) unit is essential to the conservation of critical habitat for this species, in order on State-owned land (Waianapanapa the species because it supports an extant to avoid all populations important for State Park). The unit contains Pailoa colony of this species and includes the conservation of the species on the and Keawaiki Bays, and Pukaulaa Point. habitat that is important for the island from being destroyed by one This unit provides habitat for one expansion of the present population. naturally occurring catastrophic event. population of 300 mature, reproducing Although we do not believe that there Maui 17—Lysimachia lydgatei—b individuals of the short-lived perennial is enough habitat that currently exists to I. byrone and is currently occupied by reach the recovery goal of 8 to 10 This unit is critical habitat for 50 to 100 plants. The habitat features populations for this island-endemic Lysimachia lydgatei and is 158 ha (391 contained in this unit that are essential species, the units are of an appropriate ac) on State (West Maui Forest Reserve) for this species include, but are not distance apart to avoid their destruction and privately owned land. The unit limited to, close proximity to the ocean, by one naturally occurring catastrophic contains Pohakea Gulch and Hanaula among rocks or on basalt cliffs in event. Summit. It, in combination with windward coastal dry shrubland. This Haleakala Ranch lands, provides habitat unit is essential to the conservation of Maui 11—Lipochaeta kamolensis—b for 4 populations of 300 mature, the species because it supports an extant This unit is critical habitat for reproducing individuals of the short- colony of this species and includes Lipochaeta kamolensis and is 42 ha (105 lived perennial L. lydgatei and is habitat that is important for the ac) on State-owned land. The unit currently unoccupied. The habitat expansion of the present population. It contains Pahihi Gulch. It, in features contained in this unit that are is some distance away from the other combination with Haleakala Ranch essential for this species include, but are critical habitat for this species, in order lands, provides habitat for two not limited to, sides of steep ridges in to avoid all populations important for populations of 300 mature, reproducing Metrosideros polymorpha-Dicranopteris the conservation of the speciess on the individuals of the short-lived perennial linearis-dominated wet to mesic island from being destroyed by one L. kamolensis and is currently shrubland or M. polymorpha- naturally occurring catastrophic event. unoccupied. This unit is essential to the Cheirodendron sp. montane forest. This conservation of the species because it unit is essential to the conservation of Maui 17—Isodendrion pyrifolium—a supports habitat that is necessary to the the species because, in combination This unit is critical habitat for establishment of additional populations with Haleakala Ranch, it provides for Isodendrion pyrifolium and is 224 ha on Maui in order to reach recovery four populations within this multi- (555 ac) on State (Lihau Section of the goals. The habitat features contained in island species’ historical range on Maui West Maui NAR, West Maui Forest this unit that are essential for this that are some distance away from the Reserve) and privately owned land. The species include, but are not limited to, other critical habitat for this species, in unit contains Olowalu Valley, Olowalu gulches or gentle slopes outside gulches order to avoid all populations important Stream, and Ukumehame. It provides in dry shrubland. Although we do not for the conservation of the species on habitat for two populations of 300 believe that there is enough habitat that the island from being destroyed by one mature, reproducing individuals of the currently exists to reach the recovery naturally occurring catastrophic event. short-lived perennial I. pyrifolium and goal of 8 to 10 populations for this Maui 17—Lysimachia lydgatei—c is currently unoccupied. The habitat island-endemic species, this unit is features contained in this unit that are some distance away from the other This unit is critical habitat for essential for this species include, but are critical habitat for this species in order Lysimachia lydgatei and is 47 ha (116 not limited to, close proximity to the to avoid all recovery populations from ac) on State (Panaewa Section of the ocean, among rocks or on basalt cliffs in being destroyed by one naturally West Maui NAR) and privately owned windward coastal dry shrubland. This occurring catastrophic event. land. The unit contains no named unit is essential to the conservation of natural features. It, in combination with Maui 17—Lysimachia lydgatei—a the species because it provides for two Haleakala Ranch Lands, provides populations within this multi-island This unit is critical habitat for habitat for one population of 300 species’ historical range on Maui that Lysimachia lydgatei and is 90 ha (221 mature, reproducing individuals of the are some distance away from the other ac) on State (Lihau Section of the West short-lived perennial L. lydgatei and is critical habitat for this species, in order Maui NAR, West Maui Forest Reserve) currently unoccupied. The habitat to avoid all populations important for and privately owned land. The unit features contained in this unit that are the conservation of the species on the contains Lihau Summit and Olowalu essential for this species include, but are island from being destroyed by one Valley. It provides habitat for one not limited to, sides of steep ridges in naturally occurring catastrophic event. population of 300 mature, reproducing Metrosideros polymorpha-Dicranopteris individuals of the short-lived perennial linearis-dominated wet to mesic Maui 9—Lipochaeta kamolensis—a L. lydgatei and is currently occupied by shrubland or M. polymorpha- This unit is critical habitat for 50 to 100 plants. The habitat features Cheirodendron sp. montane forest. This Lipochaeta kamolensis and is 1,474 ha contained in this unit that are essential unit is essential to the conservation of (3,644 ac) on State and privately owned for this species include, but are not the species because, in combination land. The unit contains Lualailua Hills limited to, sides of steep ridges in with Haleakala Ranch, it provides for
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one population within this multi-island Maui 6—Mariscus pennatiformis—a long-lived perennial M. balloui and is species’ historical range on Maui that is This unit is critical habitat for currently occupied by one plant. The some distance away from the other Mariscus pennatiformis and is 30 ha (74 habitat features contained in this unit critical habitat for this species, in order ac) on State and privately owned land. that are essential for this species to avoid all populations important for The unit contains Pahiha Point, include, but are not limited to, mesic to wet forest. This unit is essential to the the conservation of the species on the Kopiliula Stream, Paakea Gulch, conservation of the species because it island from being destroyed by one Waiohue Bay, Waiaaka Stream, Kapaula supports an extant colony of this species naturally occurring catastrophic event. Gulch, and Hanawi Stream. It provides and includes habitat that is important habitat for two populations of 300 Maui 17—Lysimachia lydgatei—d for the expansion of the present mature, reproducing individuals of the population. Although we do not believe This unit is critical habitat for short-lived perennial M. pennatiformis that there is enough habitat that Lysimachia lydgatei and is 98 ha (242 and is currently occupied by two plants. currently exists to reach the recovery ac) on State (West Maui Forest Reserve) The habitat features contained in this goal of 8 to 10 populations for this and privately owned land. The unit unit that are essential for this species island-endemic species, this unit is of contains Helu Summit. It provides include, but are not limited to, cliffs an appropriate size so that each habitat for one population of 300 with brown soil and talus within reach potential population within the unit is mature, reproducing individuals of the of ocean spray. This unit is essential to geographically separated enough to short-lived perennial L. lydgatei and is the conservation of the species because avoid their destruction by one naturally currently occupied by 40 plants. The it supports an extant colony of this occurring catastrophic event. habitat features contained in this unit species and includes habitat that is that are essential for this species important for the expansion of the Maui 9—Melicope balloui—b include, but are not limited to, sides of present population. It is some distance This unit is critical habitat for steep ridges in Metrosideros away from the other critical habitat for Melicope balloui and is 394 ha (972 ac) polymorpha-Dicranopteris linearis- this species, in order to avoid all on federally owned land (Haleakala dominated wet to mesic shrubland or M. populations important for the National Park). The unit contains polymorpha-Cheirodendron sp. conservation of the species on the island Kipahulu Valley and Palikea Stream. It montane forest. This unit is essential to from being destroyed by one naturally provides habitat for two populations of the conservation of the species because occurring catastrophic event. 100 mature, reproducing individuals of it supports an extant colony of this Maui 13—Melicope adscendens—a the long-lived perennial M. balloui and species and includes habitat that is is currently occupied by 10 to 50 plants. important for the expansion of the This unit is critical habitat for The habitat features contained in this present population. It is some distance Melicope adscendens and is 160 ha (398 unit that are essential for this species away from the other critical habitat for ac) on State (Kanaio NAR) land. The include, but are not limited to, mesic to this species, in order to avoid all unit contains no named natural features. wet forest. This unit is essential to the populations important for the It, in combination with Ulupalakua conservation of the species because it conservation of the species on the island Ranch land, provides habitat for one supports an extant colony of this species from being destroyed by one naturally population of 100 mature, reproducing and includes habitat that is important occurring catastrophic event. individuals of the long-lived perennial for the expansion of the present M. adscendens and is currently population. Although we do not believe Maui 17—Lysimachia lydgatei—e occupied by one plant. The habitat that there is enough habitat that features contained in this unit that are currently exists to reach the recovery This unit is critical habitat for essential for this species include, but are goal of 8 to 10 populations for this Lysimachia lydgatei and is 18 ha (44 ac) not limited to, aa lava with pockets of island-endemic species, this unit is on State-owned land (West Maui Forest soil in Nestegis sandwicensis-Pleomele some distance away from the other Reserve). The unit contains Halepohaku auwahiensis-Dodonaea viscosa lowland critical habitat for this species, in order Summit. It provides habitat for one mesic forest or open dry forest. This to avoid all populations important for population of 300 mature, reproducing unit is essential to the conservation of the conservation of the species from individuals of the short-lived perennial the species because it supports an extant being destroyed by one naturally L. lydgatei and is currently occupied by colony of this species and includes occurring catastrophic event. 50 to 100 plants. The habitat features habitat that is important for the contained in this unit that are essential expansion of the present population. Maui 9—Melicope knudsenii—a for this species include, but are not Although we do not believe that there This unit is critical habitat for limited to, sides of steep ridges in is enough habitat designated to reach Melicope knudsenii and is 28 ha (69 ac) Metrosideros polymorpha-Dicranopteris the recovery goal of 8 to 10 populations, on State-owned land (Kanaio NAR). The linearis-dominated wet to mesic this species is a very narrow endemic unit contains no named natural features. shrubland or M. polymorpha- and probably never naturally occurred It, in combination with Ulupalakua Cheirodendron sp. montane forest. This in more than a single or a few Ranch land, provides habitat for one unit is essential to the conservation of populations. population of 100 mature, reproducing the species because it supports an extant individuals of the long-lived perennial colony of this species and includes Maui 8—Melicope balloui—a M. knudsenii and is currently occupied habitat that is important for the This unit is critical habitat for by 12 plants. The habitat features expansion of the present population. It Melicope balloui and is 151 ha (373 ac) contained in this unit that are essential is some distance away from the other on State (Makawao Forest Reserve) and for this species include, but are not critical habitat for this species, in order privately owned land. The unit contains limited to, forested flats or talus slopes to avoid all populations important for Puu o Kakae. It, in combination with in Nestegis sandwicensis-Pleomele sp. the conservation of the species on the Waikamoi Preserve land, provides mixed open dry forests. This unit is island from being destroyed by one habitat for one population of 100 essential to the conservation of the naturally occurring catastrophic event. mature, reproducing individuals of the species because it supports an extant
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colony of this species and includes contains no named natural features. It, mesic Metrosideros polymorpha- habitat that is important for the in combination with Ulupalakua Ranch, Dodonaea viscosa-Leptecophylla expansion of the present population. It provides habitat for one population of tameiameiae shrubland or forest or is some distance away from the other 100 mature, reproducing individuals of Acacia koa forest. This unit is essential critical habitat for this species, in order the long-lived perennial M. to the conservation of the species to avoid all populations important for mucronulata and is currently because it supports an extant colony of the conservation of the species on the unoccupied. The habitat features this species and includes habitat that is island from being destroyed by one contained in this unit that are essential important for the expansion of the naturally occurring catastrophic event. for this species include, but are not present population. It is some distance limited to, gentle south-facing slopes in Maui 13—Melicope knudsenii—b away from the other critical habitat for lowland dry to mesic forest. This unit is this species, in order to avoid all This unit is critical habitat for essential to the conservation of the populations important for the Melicope knudsenii and is 163 ha (403 species because, in combination with conservation of the species on the island ac) on State-owned land. The unit Ulupalakua Ranch, it provides for one from being destroyed by one naturally contains no named natural features. population within this multi-island occurring catastrophic event. This unit is essential to the conservation species’ historical range on Maui that is of the species because, in combination some distance away from the other Maui 17—Neraudia sericea—b with Ulupalakua Ranch, it provides critical habitat for this species, in order This unit is critical habitat for habitat for one population of 100 to avoid all populations important for Neraudia sericea and is 1,188 ha (2,938 mature, reproducing individuals of the the conservation of the species on the ac) on State (Lihau Section of the West long-lived perennial M. knudsenii and is island from being destroyed by one Maui NAR, West Maui Forest Reserve) currently unoccupied. The habitat naturally occurring catastrophic event. and privately owned land. The unit features contained in this unit that are contains Olowalu Valley, Pohakea, and essential for this species include, but are Maui 9—Melicope ovalis—a Lihau, Hokuula, and Halepohaku not limited to, forested flats or talus This unit is critical habitat for summits. It provides habitat for 4 slopes in Nestegis sandwicensis- Melicope ovalis and is 934 ha (2,306 ac) populations of 300 mature, reproducing Pleomele sp. mixed open dry forests. on State and Federal (Haleakala individuals of the short-lived perennial This unit, in combination with National Park) land. The unit contains N. sericea and is currently occupied by Ulupalakua Ranch, provides for one Kipahulu Valley, Palikea Stream, and one plant. The habitat features population within this multi-island Kaukaui Gulch. It provides habitat for 3 contained in this unit that are essential species’ historical range on Maui that is populations of 100 mature, reproducing for this species include, but are not some distance away from the other individuals of the long-lived perennial limited to, dry to mesic Metrosideros critical habitat for this species, in order M. ovalis and is currently occupied by polymorpha-Dodonaea viscosa- to avoid all populations important for 250 plants. The habitat features Leptecophylla tameiameiae shrubland the conservation of the species on the contained in this unit that are essential or forest or Acacia koa forest. This unit island from being destroyed by one for this species include, but are not is essential to the conservation of the naturally occurring catastrophic event. limited to, Acacia koa and Metrosideros polymorpha-dominated montane wet species because it supports an extant Maui 9—Melicope mucronulata—a forests along streams. This unit is colony of this species and includes This unit is critical habitat for essential to the conservation of the habitat that is important for the Melicope mucronulata and is 34 ha (83 species because it supports an extant expansion of the present population. It ac) on State-owned land (Kanaio NAR). colony of this species and includes is some distance away from the other The unit contains no named natural habitat that is important for the critical habitat for this species, in order features. It, in combination with expansion of the present population. to avoid all recovery populations on the Ulupalakua Ranch, provides habitat for Although we do not believe that there island from being destroyed by one one population of 100 mature, is enough habitat that currently exists to naturally occurring catastrophic event. reproducing individuals of the long- reach the recovery goal of 8 to 10 Maui 9—Nototrichium Humile—a lived perennial M. mucronulata and is populations for this island-endemic currently unoccupied. The habitat species, this unit is of an appropriate This unit is critical habitat for features contained in this unit that are size so that each potential populations Nototrichium humile and is 397 ha (982 essential for this species include, but are important for the conservation of the ac) on State (DHHL) and privately not limited to, gentle south-facing specie within the unit is geographically owned land. The unit contains slopes in lowland dry to mesic forest. separated enough to avoid their Lualailua Hills. It provides habitat for This unit is essential to the conservation destruction by one naturally occurring two populations of 300 mature, of the species because, in combination catastrophic event. reproducing individuals of the short- with Haleakala Ranch, it provides for lived perennial N. humile and is Maui 9—Neraudia sericea—a one population within this multi-island currently unoccupied. The habitat species’ historical range on Maui that is This unit is critical habitat for features contained in this unit that are some distance away from the other Neraudia sericea and is 623 ha (1,539 essential for this species include, but are critical habitat for this species, in order ac) on State-owned land. The unit not limited to, old cinder cones in dry to avoid all populations important for contains Manawainui Gulch, Kamole shrubland. This unit is essential to the the conservation of the species on the Gulch and Puu Pane. It provides habitat conservation of the species because it island from being destroyed by one for 3 populations of 300 mature, provides for two populations within this naturally occurring catastrophic event. reproducing individuals of the short- multi-island species’ historical range on lived perennial N. sericea and is Maui that are some distance away from Maui 13—Melicope mucronulata—b currently occupied by 4 plants. The the other critical habitat for this species, This unit is critical habitat for habitat features contained in this unit in order to avoid all populations Melicope mucronulata and is 194 ha that are essential for this species important for the conservation of the (481 ac) on State-owned land. The unit include, but are not limited to, dry to species on the island from being
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destroyed by one naturally occurring unit that are essential for this species Acacia koa forests. This unit is essential catastrophic event. include, but are not limited to, to the conservation of the species epiphytic growth on Metrosideros because it supports an extant colony of Maui 4—Peucedanum sandwicense—a polymorpha, Dodonaea viscosa, or this species and includes habitat that is This unit is critical habitat for Acacia koa trees in moist protected important for the expansion of the Peucedanum sandwicense and is 1 ha (2 gulches or mossy tussocks in mesic to present population. It is some distance ac) on State-owned land. The unit wet montane M. polymorpha-Acacia away from the other critical habitat for contains all of Keopuka Rock. It koa forests. This unit is essential to the this species, in order to avoid all provides habitat for one population of conservation of the species because it populations important for the 300 mature, reproducing individuals of supports an extant colony of this species conservation of the species on the island the short-lived perennial P. sandwicense and includes habitat that is important from being destroyed by one naturally and is currently occupied by 20 to 30 for the expansion of the present occurring catastrophic event. plants. The habitat features contained in population. It is some distance away Maui 17—Phlegmariurus mannii—d this unit that are essential for this from the other critical habitat for this species include, but are not limited to, species, in order to avoid all This unit is critical habitat for sparsely vegetated steep to vertical cliff populations important for the Phlegmariurus mannii and is 57 ha (141 habitats with little soil in mesic or conservation of the species on the island ac) on Dtate (Honokowai Section of the coastal communities. This unit is from being destroyed by one naturally West Maui NAR) and privately owned essential to the conservation of the occurring catastrophic event. land. The unit contains Amahu and species because it supports an extant Kanaha streams. It provides habitat for colony of this species and includes Maui 9—Phlegmariurus mannii—b one population of 300 mature, habitat that is important for the This unit is critical habitat for reproducing individuals of the short- expansion of the present population. It Phlegmariurus mannii and is 383 ha lived perennial P. mannii and is is some distance away from the other (947 ac) on State-owned land. The unit currently occupied by at least one plant. critical habitat for this species, in order contains Manawainui Gulch. It provides The habitat features contained in this to avoid all populations important for habitat for one population of 300 unit that are essential for this species the conservation of the species on the mature, reproducing individuals of the include, but are not limited to, island from being destroyed by one short-lived perennial P. mannii and is epiphytic growth on Metrosideros naturally occurring catastrophic event. currently occupied by at least one plant. polymorpha, Dodonaea viscosa, or The habitat features contained in this Acacia koa trees in moist protected Maui 17—Peucedanum sandwicense—b unit that are essential for this species gulches or mossy tussocks in mesic to This unit is critical habitat for include, but are not limited to, wet montane M. polymorpha-Acacia Peucedanum sandwicense and is 117 ha epiphytic growth on Metrosideros koa forests. This unit is essential to the (289 ac) on privately owned land. The polymorpha, Dodonaea viscosa, or conservation of the species because it unit contains Iao Valley. It provides Acacia koa trees in moist protected supports an extant colony of this species habitat for one population of 300 gulches or mossy tussocks in mesic to and includes habitat that is important mature, reproducing individuals of the wet montane M. polymorpha-Acacia for the expansion of the present short-lived perennial P. sandwicense koa forests. This unit is essential to the population. It is some distance away and is currently unoccupied. The conservation of the species because it from the other critical habitat for this habitat features contained in this unit supports an extant colony of this species species, in order to avoid all that are essential for this species and includes habitat that is important populations important for the include, but are not limited to, sparsely for the expansion of the present conservation of the species on the island vegetated steep to vertical cliff habitats population. It is some distance away from being destroyed by one naturally with little soil in mesic or coastal from the other critical habitat for this occurring catastrophic event. communities. This unit is essential to species, in order to avoid all Maui 17—Phlegmariurus mannii—e the conservation of the species because populations important for the it provides for one population within conservation of the species on the island This unit is critical habitat for this multi-island species’ historical from being destroyed by one naturally Phlegmariurus mannii and is 35 ha (87 range on Maui that is some distance occurring catastrophic event. ac) on State (Lihau Section of the West away from the other critical habitat for Maui NAR and West Maui Forest Maui 9—Phlegmariurus mannii—c this species, in order to avoid all Reserve) and privately owned land. The populations important for the This unit is critical habitat for unit contains Lihau Summit. It provides conservation of the species on the island Phlegmariurus mannii and is 476 ha habitat for one population of 300 from being destroyed by one naturally (1,176 ac) on State (Kipahulu Forest mature, reproducing individuals of the occurring catastrophic event. Reserve) and federally owned land short-lived perennial P. mannii and is (Haleakala National Park). The unit currently occupied by at least one plant. Maui 8—Phlegmariurus mannii—a contains Puu Anulili and Manawainui The habitat features contained in this This unit is critical habitat for Gulch. It provides habitat for 3 unit that are essential for this species Phlegmariurus mannii and is 221 ha populations of 300 mature, reproducing include, but are not limited to, (548 ac) on State (Makawao Forest individuals of the short-lived perennial epiphytic growth on Metrosideros Reserve) and privately owned land. The P. mannii and is currently occupied by polymorpha, Dodonaea viscosa, or unit contains Puu o Kakae and Opana two plants. The habitat features Acacia koa trees in moist protected Gulch. It, in combination with contained in this unit that are essential gulches or mossy tussocks in mesic to Waikamoi Preserve, provides habitat for for this species include, but are not wet montane M. polymorpha-Acacia two populations of 300 mature, limited to, epiphytic growth on koa forests. This unit is essential to the reproducing individuals of the short- Metrosideros polymorpha, Dodonaea conservation of the species because it lived perennial P. mannii and is viscosa, or Acacia koa trees in moist supports an extant colony of this species currently occupied by at least one plant. protected gulches or mossy tussocks in and includes habitat that is important The habitat features contained in this mesic to wet montane M. polymorpha- for the expansion of the present
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population. It is some distance away contains Puu Pane. It provides habitat polymorpha montane wet shrubland. from the other critical habitat for this for two populations of 300 mature, This unit is essential to the conservation species, in order to avoid all reproducing individuals of the short- of the species because it supports an populations important for the lived perennial P. mollis and is extant colony of this species and conservation of the species on the island currently unoccupied. The habitat includes habitat that is important for the from being destroyed by one naturally features contained in this unit that are expansion of the present population. It occurring catastrophic event. essential for this species include, but are is some distance away from the other not limited to, steep slopes and gulches critical habitat for this species, in order Maui 8—Phyllostegia mannii—a in mesic forest dominated by to avoid all populations important for This unit is critical habitat for Metrosideros polymorpha and/or Acacia the conservation of the species on the Phyllostegia mannii and is 570 ha (1,408 koa. This unit is essential to the island from being destroyed by one ac) on State (Makawao Forest Reserve) conservation of the species because it naturally occurring catastrophic event. and privately owned land. The unit provides for two populations within this Maui 9—Platanthera holochila—a contains Opana Gulch and Waikamoi, multi-island species’ historical range on Honomanu, Haipuaena, and Maui that are some distance away from This unit is critical habitat for Puohakamau streams. It provides habitat the other critical habitat for this species, Platanthera holochila and is 240 ha (596 for two populations of 300 mature, in order to avoid all populations ac) on State (Hana Forest Reserve) and reproducing individuals of the short- important for the conservation of the federally owned land (Haleakala lived perennial P. mannii and is species on the island from being National Park). The unit contains currently unoccupied. The habitat destroyed by one naturally occurring Anapanapa Lake and Kalapawili Ridge. features contained in this unit that are catastrophic event. It provides habitat for one population of essential for this species include, but are 300 mature, reproducing individuals of not limited to, gentle slopes and the Maui 9—Plantago princeps—a the short-lived perennial P. holochila steep sides of gulches in mesic to wet This unit is critical habitat for and is currently unoccupied. The forest dominated by Acacia koa and/or Plantago princeps and is 164 ha (406 ac) habitat features contained in this unit Metrosideros polymorpha. This unit is on federally owned land (Haleakala that are essential for this species essential to the conservation of the National Park). The unit contains include, but are not limited to, species because it provides for two Haleakala Summit and Kaopo Gap. It Metrosideros polymorpha-Dicranopteris populations within this multi-island provides habitat for one population of linearis montane wet forest, M. species’ historical range on Maui that 300 mature, reproducing individuals of polymorpha mixed montane bog, or are some distance away from the other the short-lived perennial P. princeps mesic scrubby M. polymorpha forest. critical habitat for this species, in order and is currently occupied by 44 plants. This unit is essential to the conservation to avoid all populations important for The habitat features contained in this of the species because it provides for the conservation of the species on the unit that are essential for this species one population within this multi-island island from being destroyed by one include, but are not limited to, basalt species’ historical range on Maui that is naturally occurring catastrophic event. cliffs that are windblown with little some distance away from the other vegetation in Metrosideros polymorpha critical habitat for this species, in order Maui 8—Phyllostegia mollis—a lowland wet forest, Acacia koa-M. to avoid all populations important for This unit is critical habitat for polymorpha montane wet forest, or M. the conservation of the species on the Phyllostegia mollis and is 128 ha (316 polymorpha montane wet shrubland. island from being destroyed by one ac) on State-owned land (Makawao This unit is essential to the conservation naturally occurring catastrophic event. Forest Reserve). The unit contains of the species because it supports an Maui 17—Platanthera holochila—b Opana Gulch. It provides habitat for one extant colony of this species and population in combination with includes habitat that is important for the This unit is critical habitat for Haleakala Ranch land of 300 mature, expansion of the present population. It Platanthera holochila and is 8 ha (19 ac) reproducing individuals of the short- is some distance away from the other on State (West Maui Forest Reserve) and lived perennial P. mollis and is critical habitat for this species, in order privately owned land. The unit contains currently unoccupied. The habitat to avoid all populations important for no named natural features. It, in features contained in this unit that are the conservation of the species on the combination with Maui 17–Platanthera essential for this species include, but are island from being destroyed by one holochila—c, provides habitat for one not limited to, steep slopes and gulches naturally occurring catastrophic event. population of 300 mature, reproducing in mesic forest dominated by individuals of the short-lived perennial Maui 17—Plantago princeps—b Metrosideros polymorpha and/or Acacia P. holochila and is currently occupied koa. This unit is essential to the This unit is critical habitat for by two plants. The habitat features conservation of the species because it Plantago princeps and is 327 ha (807 ac) contained in this unit that are essential provides for one population within this on State (West Maui Forest Reserve) and for this species include, but are not multi-island species’ historical range on privately owned land. The unit contains limited to, Metrosideros polymorpha- Maui that is some distance away from Iao Valley and Kahoolewa Ridge. It Dicranopteris linearis montane wet the other critical habitat for this species, provides habitat for one population of forest, M. polymorpha mixed montane in order to avoid all populations 300 mature, reproducing individuals of bog, or mesic scrubby M. polymorpha important for the conservation of the the short-lived perennial P. princeps forest. This unit is essential to the species on the island from being and is currently occupied by 51 plants. conservation of the species because it destroyed by one naturally occurring The habitat features contained in this supports an extant colony of this species catastrophic event. unit that are essential for this species and includes habitat that is important include, but are not limited to, basalt for the expansion of the present Maui 9—Phyllostegia mollis—b cliffs that are windblown with little population. It is some distance away This unit is critical habitat for vegetation in Metrosideros polymorpha from the other critical habitat for this Phyllostegia mollis and is 509 ha (1,256 lowland wet forest, Acacia koa-M. species, in order to avoid all ac) on State-owned land. The unit polymorpha montane wet forest, or M. populations important for the
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conservation of the species on the island Kauaula Valley. It provides habitat for steep, north or northeast-facing slopes from being destroyed by one naturally one population of 300 mature, in mixed mesophytic forests or occurring catastrophic event. reproducing individuals of the short- Metrosideros polymorpha montane wet lived perennial P. lidgatei and is forests. This unit is essential to the Maui 17—Platanthera holochila—c currently occupied by at least one plant. conservation of the species because it This unit is critical habitat for The habitat features contained in this supports an extant colony of this species Platanthera holochila and is 189 ha (466 unit that are essential for this species and includes habitat that is important ac) on State (Honokowai Section of the include, but are not limited to, steep for the expansion of the present West Maui NAR) and privately owned stream banks in wet Metrosideros population. Although we do not believe land. The unit contains Kapaloa and polymorpha-Dicranopteris linearis that there is enough habitat that Amala streams. It, in combination with montane forest. This unit is essential to currently exists to reach the recovery Maui 17–Platanthera holochila—b, the conservation of the species because goal of 8 to 10 populations for this provides habitat for one population of it supports an extant colony of this island-endemic species, the units are 300 mature, reproducing individuals of species and includes habitat that is essential because they are an the short-lived perennial P. holochila important for the expansion of the appropriate distance apart to avoid their and is currently unoccupied. The present population. It is some distance destruction by one naturally occurring habitat features contained in this unit away from the other critical habitat for catastrophic event. that are essential for this species this species, in order to avoid all Maui 17—Remya mauiensis—c include, but are not limited to, populations important for the Metrosideros polymorpha-Dicranopteris conservation of the species on the island This unit is critical habitat for Remya linearis montane wet forest, M. from being destroyed by one naturally mauiensis and is 31 ha (78 ac) on State polymorpha mixed montane bog, or occurring catastrophic event. (West Maui Forest Reserve and mesic scrubby M. polymorpha forest. Honokowai Section of the West Maui This unit, in combination with Maui Maui 17—Remya mauiensis—a NAR) and privately owned land. The 17–Platanthera holochila—b, is This unit is critical habitat for Remya unit contains Honokowai Valley. It, in essential to the conservation of the mauiensis and is 228 ha (564 ac) on combination with Maui 18—Remya species because it provides for one State (West Maui Forest Reserve) and mauiensis—d and Kapunakea Preserve, population within this multi-island privately owned land. The unit contains provides habitat for two populations of species’ historical range on Maui that is Ukumehame Valley and Hanaulaiki. It 300 mature, reproducing individuals of some distance away from the other provides habitat for two populations of the short-lived perennial R. mauiensis critical habitat for this species, in order 300 mature, reproducing individuals of and is currently unoccupied. The to avoid all populations important for the short-lived perennial R. mauiensis habitat features contained in this unit the conservation of the species on the and is currently occupied by two plants. that are essential for this species island from being destroyed by one The habitat features contained in this include, but are not limited to, steep, naturally occurring catastrophic event. unit that are essential for this species north or northeast-facing slopes in include, but are not limited to, steep, mixed mesophytic forests or Maui 17—Pteris lidgatei—a north or northeast-facing slopes in Metrosideros polymorpha montane wet This unit is critical habitat for Pteris mixed mesophytic forests or forests. Although we do not believe that lidgatei and is 1,168 ha (2,887 ac) on Metrosideros polymorpha montane wet there is enough habitat that currently State (Kahakuloa Section of the West forests. This unit is essential to the exists to reach the recovery goal of 8 to Maui NAR) and privately owned land. conservation of the species because it 10 populations for this island-endemic The unit contains Eke Crater, Keahikauo supports an extant colony of this species species, the units are essential because Summit, and Mananole Stream. It and includes habitat that is important they are an appropriate distance apart to provides habitat for two populations of for the expansion of the present avoid their destruction by one naturally 300 mature, reproducing individuals of population. Although we do not believe occurring catastrophic event. the short-lived perennial P. lidgatei and that there is enough habitat that Maui 18—Remya mauiensis—d is currently occupied by at least one currently exists to reach the recovery plant. The habitat features contained in goal of 8 to 10 populations for this This unit is critical habitat for Remya this unit that are essential for this island-endemic species, the units are mauiensis and is 2 ha (6 ac) on State species include, but are not limited to, essential because they are an (West Maui Forest Reserve) and steep stream banks in wet Metrosideros appropriate distance apart to avoid their privately owned land. The unit contains polymorpha-Dicranopteris linearis destruction by one naturally occurring no named natural features. It, in montane forest. This unit is essential to catastrophic event. combination with Maui 17—Remya the conservation of the species because mauiensis—c and Kapunakea Preserve, Maui 17—Remya mauiensis—b it supports an extant colony of this provides habitat for two populations of species and includes habitat that is This unit is critical habitat for Remya 300 mature, reproducing individuals of important for the expansion of the mauiensis and is 567 ha (1,400 ac) on the short-lived perennial R. mauiensis present population. It is some distance State (West Maui Forest Reserve and and is currently unoccupied. The away from the other critical habitat for Panaewa Section of the West Maui habitat features contained in this unit this species, in order to avoid all NAR) and privately owned land. The that are essential for this species populations important for the unit contains Wahikuli and Puuiki include, but are not limited to, steep, conservation of the species on the island Gulches and Kula Valley. It provides north or northeast-facing slopes in from being destroyed by one naturally habitat for two populations of 300 mixed mesophytic forests or occurring catastrophic event. mature, reproducing individuals of the Metrosideros polymorpha montane wet short-lived perennial R. mauiensis and forests. Although we do not believe that Maui 17—Pteris lidgatei—b is currently occupied by at least one there is enough habitat that currently This unit is critical habitat for Pteris plant. The habitat features contained in exists to reach the recovery goal of 8 to lidgatei and is 163 ha (403 ac) on this unit that are essential for this 10 populations for this island-endemic privately owned land. The unit contains species include, but are not limited to, species, the units are essential because
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they are an appropriate distance apart to individuals of the short-lived perennial little or no soil development and avoid their destruction by one naturally S. purpurea and is currently occupied periodic freezing temperatures. This occurring catastrophic event. by 50 plants. The habitat features unit is essential to the conservation of contained in this unit that are essential the species because it supports an extant Maui 17—Sanicula purpurea—a for this species include, but are not colony of this species and includes This unit is critical habitat for limited to, open Metrosideros habitat that is important for the Sanicula purpurea and is 34 ha (83 ac) polymorpha mixed montane bogs. This expansion of the present population. on State (Kahakuloa Section of the West unit is essential to the conservation of Although we do not believe that there Maui NAR) and privately owned land. the species because it supports an extant is enough habitat that currently exists to The unit contains Eke Crater. It, in colony of this species and includes reach the recovery goal of 8 to 10 combination with Maui 17—Sanicula habitat that is important for the populations for this island-endemic purpurea—c, provides habitat for one expansion of the present population. It species, the units are essential because population of 300 mature, reproducing is some distance away from the other they are an appropriate distance apart to individuals of the short-lived perennial critical habitat for this species, in order avoid their destruction by one naturally S. purpurea and is currently to avoid all populations important for occurring catastrophic event. unoccupied. The habitat features the conservation of the species on the Maui 1—Sesbania tomentosa—a contained in this unit that are essential island from being destroyed by one for this species include, but are not naturally occurring catastrophic event. This unit is critical habitat for limited to, open Metrosideros Sesbania tomentosa and is 38 ha (94 ac) polymorpha mixed montane bogs. This Maui 9—Schiedea haleakalensis—a on non-managed State and privately unit is essential to the conservation of This unit is critical habitat for owned land. The unit contains the species because it, in combination Schiedea haleakalensis and is 26 ha (64 Honanana Gulch, Alapapa Gulch, with Maui 17—Sanicula purpurea—c, ac) on federally owned land (Haleakala Mokolea Point, and Papanahoa Gulch. It provides for one population within this National Park). The unit is located in provides habitat for one population of multi-island species’ historical range on Haleakala Crater. It provides habitat for 300 mature, reproducing individuals of Maui that is some distance away from one population of 300 mature, the short-lived perennial Sesbania the other critical habitat for this species, reproducing individuals of the long- tomentosa and is currently occupied by in order to avoid all populations lived perennial S. haleakalensis and is 30 plants. The habitat features important for the conservation of the currently occupied by 20 plants. The contained in this unit that are essential species from being destroyed by one habitat features contained in this unit for this species include, but are not naturally occurring catastrophic event. that are essential for this species limited to, windswept slopes, sea cliffs, include, but are not limited to, rock and cinder cones in Scaevola taccada Maui 17—Sanicula purpurea—b cracks on sheer cliffs adjacent to barren coastal dry shrublands. This unit is This unit is critical habitat for lava; subalpine shrublands and essential to the conservation of the Sanicula purpurea and is 306 ha (756 grasslands with cinder, weathered species because it supports an extant ac) on State (Panaewa and Honokowai volcanic ash; or bare lava substrate with colony of this species and includes Sections of the West Maui NAR) and little or no soil development and habitat that is important for the privately owned land. The unit contains periodic freezing temperatures. This expansion of the present population. It Kahoolewa, Kahoolewa Ridge, Puu unit is essential to the conservation of is some distance away from the other Kukui Summit, and Violet Lake. It the species because it supports an extant critical habitat for this species, in order provides habitat for 3 populations of colony of this species and includes to avoid all populations important for 300 mature, reproducing individuals of habitat that is important for the the conservation of the species on the the short-lived perennial S. purpurea expansion of the present population. island from being destroyed by one and is currently occupied by 70 to 150 Although we do not believe that there naturally occurring catastrophic event. plants. The habitat features contained in is enough habitat that currently exists to Maui 13—Sesbania tomentosa—b this unit that are essential for this reach the recovery goal of 8 to 10 species include, but are not limited to, populations for this island-endemic This unit is critical habitat for open Metrosideros polymorpha mixed species, the units are essential because Sesbania tomentosa and is 79 ha (195 montane bogs. This unit is essential to they are an appropriate distance apart to ac) on State-owned land. The unit the conservation of the species because avoid their destruction by one naturally contains Pimoe and Pohakea summits. it supports an extant colony of this occurring catastrophic event. This unit provides habitat for one species and includes habitat that is population of 300 mature, reproducing Maui 9—Schiedea haleakalensis—b important for the expansion of the individuals of the short-lived perennial present population. It is some distance This unit is critical habitat for Sesbania tomentosa and is currently away from the other critical habitat for Schiedea haleakalensis and is 77 ha occupied by 13 plants. The habitat this species, in order to avoid all (189 ac) on federally owned land features contained in this unit that are populations important for the (Haleakala National Park). The unit is essential for this species include, but are conservation of the species on the island located in Haleakala Crater. It provides not limited to, windswept slopes, sea from being destroyed by one naturally habitat for one population of 300 cliffs, and cinder cones in Scaevola occurring catastrophic event. mature, reproducing individuals of the taccada coastal dry shrublands. This long-lived perennial S. haleakalensis unit is essential to the conservation of Maui 17—Sanicula purpurea—c and is currently occupied by at least one the species because it supports an extant This unit is critical habitat for plant. The habitat features contained in colony of this species and includes Sanicula purpurea and is 8 ha (19 ac) this unit that are essential for this habitat that is important for the on privately owned land. The unit species include, but are not limited to, expansion of the present population. It contains no named natural features. It, rock cracks on sheer cliffs adjacent to is some distance away from the other in combination with Maui 17—Sanicula barren lava; subalpine shrublands and critical habitat for this species, in order purpurea—a, provides habitat for one grasslands with cinder, weathered to avoid all populations important for population of 300 mature, reproducing volcanic ash; or bare lava substrate with the conservation of the species on the
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island from being destroyed by one contained in this unit that are essential is some distance away from the other naturally occurring catastrophic event. for this species include, but are not critical habitat for this species, in order limited to, rocky substrates in to avoid all populations important for Maui 13—Spermolepis hawaiiensis—a Heteropogon contortus lowland dry the conservation of the species on the This unit is critical habitat for forest. This unit is essential to the island from being destroyed by one Spermolepis hawaiiensis and is 91 ha conservation of the species because it naturally occurring catastrophic event. (224 ac) on State (Kanaio NAR) land. supports an extant colony of this Maui 8—Zanthoxylum hawaiiense—a The unit contains no named natural species, includes habitat that is features. It provides habitat for one important for the expansion of the This unit is critical habitat for population of 500 mature, reproducing present population, and is the only Zanthoxylum hawaiiense and is 363 ha individuals of the annual S. hawaiiensis habitat essential for the conservation of (895 ac) on State (Makawao Forest and is currently occupied by 100 plants. this species on Maui. Although we do Reserve) and privately owned land. The The habitat features contained in this not feel that there is enough habitat that unit contains Kahakapao Stream. It unit that are essential for this species currently exists to reach the recovery provides habitat for one population of include, but are not limited to, shady goal of 8 to 10 populations for this 100 mature, reproducing individuals of spots in Dodonaea viscosa lowland dry island-endemic species, this unit is of the long-lived perennial Z. hawaiiense shrubland. This unit is essential to the an appropriate size so that each and is currently occupied by 3 plants. conservation of the species because it potential populations important for the The habitat features contained in this supports an extant colony of this species conservation of the specie within the unit that are essential for this species and includes habitat that is important unit is geographically separated enough include, but are not limited to, open for the expansion of the present to avoid their destruction by one lowland dry or mesic Nestegis population. It is some distance away naturally occurring event. sandwicensis-Pleomele auwahiensis from the other critical habitat for this forests or Acacia koa-Pleomele species, in order to avoid all Maui 17—Tetramolopium remyi—a auwahiensis forest, or montane dry populations important for the This unit is critical habitat for forest. This unit is essential to the conservation of the species on the island Tetramolopium remyi and is 287 ha conservation of the species because it from being destroyed by one naturally (712 ac) on State (Lihau Section of the supports an extant colony of this species occurring catastrophic event. West Maui NAR, West Maui Forest and includes habitat that is important Reserve) and privately owned land. The for the expansion of the present Maui 17—Spermolepis hawaiiensis—b unit contains Olowalu Stream and population. It is some distance away This unit is critical habitat for Valley. It provides habitat for 3 from the other critical habitat for this Spermolepis hawaiiensis and is 23 ha populations of 300 mature, reproducing species, in order to avoid all (56 ac) on State-owned land (Lihau individuals of the short-lived perennial populations important for the Section of the West Maui NAR). The T. remyi and is currently unoccupied. conservation of the species on the island unit contains Olowalu Valley. It The habitat features contained in this from being destroyed by one naturally provides habitat for one population of unit that are essential for this species occurring catastrophic event. 500 mature, reproducing individuals of include, but are not limited to, red the annual S. hawaiiensis and is sandy loam soil in dry Dodonaea Kahoolawe 1—Kanaloa currently occupied by 300 plants. The viscosa-Heteropogon contortus kahoolawensis—a habitat features contained in this unit communities. This unit is essential to This unit is critical habitat for that are essential for this species the conservation of the species because Kanaloa kahoolawensis and is 562 ha include, but are not limited to, shady it provides for three populations within (1,388 ac) on State (KIRC) land. The unit spots in Dodonaea viscosa lowland dry this multi-island species’ historical contains Keana Keiki, Laa o shrubland. This unit is essential to the range on Maui that are some distance Kealaikahiki, Honukanaenae, and Wai conservation of the species because it away from the other critical habitat for Honu Gulch. This unit provides habitat supports an extant colony of this species this species, in order to avoid all for two populations of 100 mature, and includes habitat that is important populations important for the reproducing individuals of the long- for the expansion of the present conservation of the species from being lived perennial K. kahoolawensis and is population. It is some distance away destroyed by one naturally occurring currently unoccupied. The habitat from the other critical habitat for this catastrophic event. features contained in this unit that are species, in order to avoid all essential for this species include, but are Maui 12—Vigna o-wahuensis—a populations important for the not limited to, steep, rocky talus slopes. conservation of the species on the island This unit is critical habitat for Vigna Although we do not believe that there from being destroyed by one naturally o-wahuensis and is 144 ha (356 ac) on is enough habitat that currently exists to occurring catastrophic event. State-owned land. The unit contains reach the recovery goal of 8 to 10 area east of Kamanamana Point. It populations for this island-endemic Maui 17—Tetramolopium capillare—a provides habitat for one population of species, the units are essential because This unit is critical habitat for 300 mature, reproducing individuals of they are an appropriate distance apart to Tetramolopium capillare and is 1,782 the short-lived perennial V. o-wahuensis avoid their destruction by one naturally ha (4,404 ac) on State (Lihau Section of and is currently occupied by two plants. occurring catastrophic event. the West Maui NAR, West Maui Forest The habitat features contained in this Reserve) and privately owned land. The unit that are essential for this species Kahoolawe 2—Kanaloa unit contains Halepohaku, Hanaulaiki, include, but are not limited to, dry or kahoolawensis—b Helu, Koai, Lihau, Luakoi, and Ulaula mesic grassland or shrubland. This unit This unit is critical habitat for summits. It provides habitat for 6 is essential to the conservation of the Kanaloa kahoolawensis and is 613 ha populations of 300 mature, reproducing species because it supports an extant (1,515 ac) on State (KIRC) land. The unit individuals of the short-lived perennial colony of this species and includes contains Aleale, Kunaka Cave, Kamohio T. capillare and is currently occupied habitat that is important for the Bay, Iliililoa, Lae o Kuakaiwa, Lae O by 50 to 100 plants. The habitat features expansion of the present population. It Kaka, Lae o Halona, Keoheuli Bay,
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Kaukamaka Gulch, Pali o Kalapakea, occurs when a Federal action directly or permit from us; or some other Federal Kalua o Kamohoalii, Hula Kao, and Lae indirectly alters critical habitat to the action, including funding (e.g., from the o ka Ule. This unit provides habitat for extent that it appreciably diminishes the Federal Highway Administration, 4 populations of 100 mature, value of critical habitat for the Federal Aviation Administration (FAA), reproducing individuals of the long- conservation of the species. Individuals, Federal Emergency Management Agency lived perennial K. kahoolawensis and is organizations, States, local governments, (FEMA), Environmental Protection currently occupied by two plants. The and other non-Federal entities are Agency (EPA), or Department of habitat features contained in this unit affected by the designation of critical Energy), regulation of airport that are essential for this species habitat when their actions occur on improvement activities by the FAA; and include, but are not limited to, steep, Federal lands, require a Federal permit, construction of communication sites rocky talus slopes. This unit is essential license, or other authorization, or licensed by the Federal to the conservation of the species involve Federal funding. Regulations Communications Commission, may also because it supports an extant colony of implementing this interagency be subject to the section 7 consultation this species and includes habitat that is cooperation provision of the Act are process. Federal actions not affecting important for the expansion of the codified at 50 CFR part 402. critical habitat and actions on non- present population. Although we do not Regulations at 50 CFR 402.16 require Federal lands that are not federally feel that there is enough habitat that Federal agencies to reinitiate formal funded, authorized, or permitted would currently exists to reach the recovery consultation on previously reviewed not require section 7 consultation as a goal of 8 to 10 populations for this actions under certain circumstances, result of this rule designating critical island-endemic species, the units are of including instances where critical habitat. an appropriate distance apart to avoid habitat is subsequently designated and Section 4(b)(8) of the Act requires us their destruction by one naturally the Federal agency has retained to briefly describe and evaluate in any occurring catastrophic event. discretionary involvement, or control proposed or final regulation that has been retained or is authorized by designates critical habitat those Kahoolawe 3—Kanaloa law. Consequently, some Federal activities involving a Federal action that kahoolawensis—c agencies may request reinitiation of may adversely modify such habitat or This unit is critical habitat for consultation or conferencing with us on that may be affected by such Kanaloa kahoolawensis and is 5 ha (12 actions for which formal consultation designation. We note that such activities ac) on State (KIRC) land. The unit has been completed, if those actions may also jeopardize the continued contains the entirety of Puu Koae Islet. may affect designated critical habitat or existence of the species. This unit, in combination with a portion adversely modify or destroy proposed Activities that, when carried out, of Kahoolawe 2—Kanaloa critical habitat. funded, or authorized by a Federal If we issue a biological opinion kahoolawensis—b, provides habitat for agency, may directly or indirectly concluding that a project is likely to one population of 100 mature, destroy or adversely modify critical result in the destruction or adverse reproducing individuals of the long- habitat include, but are not limited to: lived perennial K. kahoolawensis and is modification of critical habitat, we also provide ‘‘reasonable and prudent (1) Activities that appreciably degrade currently unoccupied. The habitat or destroy the primary constituent features contained in this unit that are alternatives’’ to the project, if any are identifiable. Reasonable and prudent elements including, but not limited to: essential for this species include, but are Overgrazing; maintenance of feral not limited to, steep, rocky talus slopes. alternatives are defined at 50 CFR 402.02 as alternative actions identified ungulates; clearing or cutting of native Although we do not believe that there live trees and shrubs, whether by is enough habitat that currently exists to during consultation that can be implemented in a manner consistent burning or mechanical, chemical, or reach the recovery goal of 8 to 10 other means (e.g., woodcutting, populations for this island-endemic with the intended purpose of the action, that are consistent with the scope of the bulldozing, construction, road building, species, the units are essential because mining, herbicide application); they are an appropriate distance apart to Federal agency’s legal authority and jurisdiction, that are economically and introducing or enabling the spread of avoid their destruction by one naturally technologically feasible, and that the nonnative species; and taking actions occurring catastrophic event. Director believes would avoid the that pose a risk of fire; Effects of Critical Habitat Designation likelihood of the destruction or adverse (2) Activities that alter watershed modification of critical habitat. characteristics in ways that would Section 7 Consultation Reasonable and prudent alternatives can appreciably reduce groundwater Section 7(a)(2) of the Act requires vary from slight project modifications to recharge or alter natural, dynamic Federal agencies, including the Service, extensive redesign or relocation of the wetland or other vegetative to ensure that actions they fund, project. Costs associated with communities. Such activities may authorize, or carry out are not likely to implementing a reasonable and prudent include manipulation of vegetation, destroy or adversely modify critical alternative are similarly variable. such as timber harvesting, residential habitat. If a Federal action may affect a Activities on Federal lands that may and commercial development, and listed species or its critical habitat, the affect the critical habitat of one or more grazing of livestock that degrades responsible Federal action agency must of the 60 plant species from Maui and watershed values; enter into consultation with us. Section Kahoolawe will require section 7 (3) Rural residential construction that 7(a)(4) of the Act requires Federal consultation. Activities on private or includes concrete pads for foundations agencies (action agency) to confer with State lands requiring a permit from a and the installation of septic systems in us on any action that is likely to Federal agency, such as a permit from wetlands where a permit under section jeopardize the continued existence of a the U.S. Army Corps of Engineers 404 of the Clean Water Act would be species proposed for listing or result in (Corps) under section 404 of the Clean required by the Corps; destruction or adverse modification of Water Act (33 U.S.C. 1344 et seq.,) the (4) Recreational activities that proposed critical habitat. Destruction or Department of Housing and Urban appreciably degrade vegetation; adverse modification of critical habitat Development, or a section 10(a)(1)(B) (5) Mining of sand or other minerals;
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(6) Introducing or encouraging the of these 60 plant species were examined native insect pollinators for food, and spread of nonnative plant species into to determine the adequacy of special predation of native insect pollinators by critical habitat units; and management considerations or non-native hymenopteran insects (ants). (7) Importation of nonnative species protection are required and, In addition, physiological processes for research, agriculture, and consequently, whether such areas meet such as reproduction and establishment aquaculture, and the release of the definition of critical habitat under continue to be negatively affected by biological control agents that would section 3(5)(A). We reviewed all fruit- and flower-eating pests such as have unanticipated deleterious effects available management information on non-native arthropods, molluscs, and on the listed species and the primary these plants at these sites, including rats, and photosynthesis and water constituent elements of their habitats. published reports and surveys; annual transport are affected by non-native If you have questions regarding performance and progress reports; insects, pathogens, and diseases. Many whether specific activities will likely management plans; grants; memoranda of these factors interact with one constitute adverse modification of of understanding and cooperative another, thereby compounding effects. critical habitat, contact the Field agreements; DOFAW planning Such interactions include non-native Supervisor, Pacific Islands Ecological documents; internal letters and memos; plant invasions altering wildfire Services Field Office (see ADDRESSES biological assessments and regimes, feral ungulates carrying weeds section). Requests for copies of the environmental impact statements; and and disturbing vegetation and soils, regulations on listed plants and animals, section 7 consultations. Additionally, thereby facilitating dispersal and and inquiries about prohibitions and we contacted the major private establishment of nonnative plants, and permits may be addressed to the U.S. landowners on Maui and Kahoolawe by numerous nonnative insect species Fish and Wildlife Service, Division of mail and we met with several feeding on native plants, thereby Endangered Species, 911 N.E. 11th Ave., landowners between the publication of increasing their vulnerability and Portland, OR 97232–4181 (telephone the revised proposal on April 3, 2002, exposure to pathogens and disease 503/231–2063; facsimile 503/231–6243). and the end of the comment period on (Bruegmann et al. 2001; Cuddihy and Analysis of Managed Lands Under September 30, 2002, to discuss their Stone 1990; D’Antonio and Vitousek Section 3(5)(A) current management for the plants on 1992; Howarth 1985; Mack 1992; Scott their lands. We also met with Maui Pursuant to the definition of critical et al. 1986; Service 1995a, 1995b, 1996a, District DOFAW staff to discuss 1996b, 1997, 1998a, 1998b, 1999, 2001; habitat in section 3(5)(A) of the Act, the management activities they are primary constituent elements as found Smith 1985; Tunison et al. 1992); conducting on Maui. In addition, we (2) The recommendations from the in any area so designated must also reviewed new biological information require ‘‘special management HPPRCC in their 1998 report to us and public comments received during (‘‘Habitat Essential to the Recovery of considerations or protections.’’ the public comment periods and at the Adequate special management or Hawaiian Plants’’). As summarized in public hearing. this report, recovery goals for protection is provided by a legally In determining whether a endangered Hawaiian plant species operative plan that addresses the management plan or agreement provides cannot be achieved without the effective maintenance and improvement of the adequate management or protection, we control of non-native species threats, essential elements and provides for the first consider whether that plan wildfire, and land use changes; and long-term conservation of the species. provides a conservation benefit to the We consider a plan adequate when it: species. We considered the following (3) The management actions needed (1) Provides a conservation benefit to threats and associated recommended for assurance of survival and ultimate the species (i.e., the plan must maintain management actions: recovery of these plants. These actions or provide for an increase in the species’ (1) The factors that led to the listing are described in our recovery plans for population or the enhancement or of the species, as described in the final these 60 species (Service 1995a, 1995b, restoration of its habitat within the area rules for listing each of the species. 1996a, 1996b, 1997, 1998a, 1998b, 1999, covered by the plan); (2) provides Effects of clearing and burning for 2001), in the 1998 HPPRCC report to us, assurances that the management plan agricultural purposes and of invasive and in various other documents and will be implemented (i.e., those non-native plant and animal species publications relating to plant responsible for implementing the plan have contributed to the decline of nearly conservation in Hawaii (Cuddihy and are capable of accomplishing the all endangered and threatened plants in Stone 1990; Mueller-Dombois 1985; objectives, have an implementation Hawaii (Cuddihy and Stone 1990; Smith 1985; Stone 1985; Stone et al. schedule and have adequate funding for Howarth 1985; Loope 1998; Scott et al. 1992). In addition to monitoring the the management plan); and, (3) provides 1986; Service 1994, 1995, 1996, 1997, plant populations, these actions assurances that the conservation plan 1998a, 1998b, 1998c, 1999, 2001; Smith include, but are not limited to: (1) Feral will be effective (i.e., it identifies 1985; Stone 1985; Vitousek 1992; ungulate control; (2) non-native plant biological goals, has provisions for Wagner et al. 1985). control; (3) rodent control; (4) reporting progress, and is of a duration Current threats to these species invertebrate pest control; (5) fire sufficient to implement the plan and include nonnative grass- and shrub- management; (6) maintenance of genetic achieve the plan’s goals and objectives). carried wildfire; browsing, digging, material of the endangered and If an area is covered by a plan that meets rooting, and trampling from feral threatened plant species; (7) these criteria, it does not constitute ungulates (including axis deer, goats, propagation, reintroduction, and critical habitat as defined by the Act cattle, and pigs); direct and indirect augmentation of existing populations because the primary constituent effects of nonnative plant invasions, into areas deemed essential for the elements found there are not in need of including alteration of habitat structure recovery of these species; (8) ongoing special management or protection. and microclimate; and disruption of management of the wild, outplanted, Currently occupied and historically pollination and gene-flow processes by and augmented populations; and (9) known sites containing one or more of adverse effects of mosquito-borne avian habitat management and restoration in the primary constituent elements disease on forest bird pollinators, direct areas deemed essential for the recovery considered essential to the conservation competition between native and non- of these species.
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In general, taking all of the above stewardship of the natural resources State of Hawaii Kahoolawe Island recommended management actions into found there. Each INRMP includes an Reserve Commission developed an account, the following management assessment of the ecological needs on environmental restoration plan for actions are important in providing a the installation, including needs to Kahoolawe (Social Science Research conservation benefit to the species: provide for the conservation of listed Institute, University of Hawaii 1998). Feral ungulate control; wildfire species; a statement of goals and The plan, however, does not address management; non-native plant control; priorities; a detailed description of specific management actions to protect rodent control; invertebrate pest control; management actions to be implemented and conserve endangered plant species. maintenance of genetic material of the to provide for these ecological needs; While the island is isolated and remote, endangered and threatened plant and a monitoring and adaptive and access is restricted due to the species; propagation, reintroduction, management plan. We consult with the presence of unexploded ordnance and augmentation of existing military on the development and hazards, this action alone is not populations into areas deemed essential implementation of INRMPs for sufficient to indicate that special for the recovery of the species; ongoing installations with listed species. We management is not required for the management of the wild, outplanted, believe that bases that have completed listed plant species, and areas on the and augmented populations; and approved INRMPs that address the island are included within the critical maintenance of natural pollinators and needs of the species generally do not habitat units for Kanaloa pollinating systems, when known; meet the definition of critical habitat kahoolawensis. habitat management and restoration in discussed above, because they require areas deemed essential for the recovery no additional special management or State of Hawaii Lands of the species; monitoring of the wild, protection. Therefore, we do not include The Upper Areas of Hanawi Natural outplanted, and augmented populations; these areas in critical habitat Area Reserve (HNAR) rare plant surveys; and control of designations if they meet the following Three plant species, Geranium human activities/access (Service 1995a, three criteria: (1) A current INRMP must multiflorum, and Clermontia samuelii 1995b, 1996a, 1996b, 1997, 1998a, be complete and provide a conservation ssp. hanaensis, and Cyanea 1998b, 1999, 2001). On a case-by-case benefit to the species; (2) the plan must mceldowneyi are reported from the basis, these actions may rise to different provide assurances that the upper areas of HNAR (GDSI 2000; levels of importance for a particular conservation management strategies will species or area, depending on the be implemented; and (3) the plan must HINHP Database 2000). The HNAR was biological and physical requirements of provide assurances that the established in 1986, and comprises the species and the location(s) of the conservation management strategies will 3,035 ha (7,500 ac) of diverse native individual plants. be effective, by providing for periodic ecosystems and endangered forest bird As shown in Table 2, the 60 species monitoring and revisions as necessary. habitat. The Department of Land and of plants are found on Federal, State, If all of these criteria are met, then the Natural Resources (DLNR) manages and private lands on the islands of Maui lands covered under the plan would not Natural Area Reserves, except that any and Kahoolawe. Information received in meet the definition of critical habitat. use must be specifically approved by response to our public notices; meetings One species, Sesbania tomentosa, the Natural Area Reserve System with landowners of Maui County and occurs on Kanaio Training Area (Hawaii Commission. The State holds Natural Maui District DOFAW staff; the Army National Guard) lands on the Area Reserves in trust and they may not December 18, 2000, and April 3, 2002, island of Maui, and we believe this land be non-nativeated except upon a finding proposals; public comment periods; and is essential for the conservation of this by the DLNR of an imperative and the March 20, 2001, and September 12, species. In 1998, funds were provided unavoidable necessity. DLNR must 2002, public hearings; as well as for protective fencing and monitoring of provide public notice and conduct information in our files, indicated that Sesbania tomentosa on this land. Since public hearings before revoking or there is limited on-going conservation then, however, these management modifying an executive order that sets management action for these plants, activities for Sesbania tomentosa have aside lands for the reserve system (Haw. except as noted below. Without been curtailed due to a lack of funding Rev. Stat. sections 195–1—195–11). The management plans and assurances that (Lt. Col. Richard Young, Hawaii Army primary goals of the HNAR are to: (1) the plans will be implemented, we are National Guard, in litt. 2000). Because Protect the upper areas of the reserve by unable to find that the other areas do appropriate conservation management fencing smaller manageable units to require special management or strategies have not been adequately restrict pig movements; (2) prevent protection. The following discussion funded or effectively implemented for degradation of native forest by reducing analyzes current management plans that Sesbania tomentosa on this land, we feral ungulate damage; and (3) improve provide a conservation benefit to the cannot at this time find that or maintain the integrity of native species to assess whether they meet the management of this land under Federal ecosystems in selected areas of the Service’s requirements for adequate jurisdiction is sufficient to find that they preserve by reducing the effects of non- management or protection do not meet the definition of critical native plants. habitat. Therefore, this area has been Specific management actions to Federal Lands included within the critical habitat address feral ungulate impacts include The Sikes Act Improvements Act of units. the construction of fences, including 1997 (Sikes Act) requires each military Contractors for the U.S. Navy are strategic fencing of smaller manageable installation that includes land and water clearing the state-owned island of units, and staff hunting. Currently, the suitable for the conservation and Kahoolawe of military ordnance upper 809 ha (2,000 ac) has been fenced management of natural resources to utilizing Congressional funding that and pigs removed. Fences have been complete, by November 17, 2001, an expires in 2003. The Navy has consulted constructed along the western Integrated Natural Resources with the Service under section 7 of the boundaries of the HNAR, along the Management Plan (INRMP). An INRMP Act to ensure protection of threatened 1,585 m (5,200 ft) contour to the east up integrates implementation of the and endangered species during the to the Haleakala National Park boundary military mission of the installation with clearance activities. In June 1998, the on State land. The Haleakala National
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Park fence serves as the upper fence Private Lands of the landowner and cooperating boundary for HNAR. Additionally, entity. Prior to terminating funding, the The Nature Conservancy of Hawaii’s fences have been constructed to separate State must conduct one or more public Waikamoi and Kapunakea Preserves, three distinct management units: Puu hearings. The NAP program is funded which are located on the northeastern Alaea Unit, Poouli Unit, and Kuhiwai/ through real estate conveyance taxes slopes of Haleakala and in the West Waieleele Unit. Since the removal of which are placed in a Natural Area Maui mountains, respectively pigs in these upper forest units of the Reserve Fund. Participants in the NAP HNAR, vegetation monitoring has been Lands within The Nature program must provide annual reports to implemented to determine recovery of Conservancy of Hawaii’s (TNCH) Maui the DLNR and DLNR makes annual native plant species. Currently, a fence preserves were not included within inspections of the work in the reserve is being constructed along the 1,100 m proposed critical habitat. Sixteen areas. See Haw. Rev. Stat. sections 195– (3,600 ft) contour of the HNAR which species (Alectryon macrococcus, 1—195–11; Hawaii Administrative will comprise the ‘‘middle forest unit’’ Argyroxiphium sandwicense ssp. Rules section 13–210. (Willian Evanson, DLNR, pers. comm., macrocephalum, Asplenium fragile var. Management programs within the 1999). insulare, Bonamia menziesii, Colubrina preserves are documented in long-range The nonnative plant control program oppositifolia, Ctenitis squamigera, management plans and yearly within HNAR focuses on habitat- Cyanea lobata, Diplazium molokaiense, operational plans. These plans detail modifying nonnative plants (weeds). A Geranium arboreum, Geranium management measures that protect, weed priority list has been compiled for multiflorum, Melicope balloui, restore, and enhance the rare plants and HNAR, and control and monitoring of Phlegmariurus mannii, Plantago their habitats within the preserves and the highest priority species are ongoing. princeps, Platanthera holochila, Remya in adjacent areas (TNCH 1997, 1998, Weeds are controlled manually, mauiensis, and Sanicula purpurea) are 1999). These management measures chemically, or through a combination of reported from TNCH’s Waikamoi and address factors which led to the listing both. Monitoring transects help locate Kapunakea Preserves, which are located of the ten species including control of developing populations of other priority on the northeastern slopes of Haleakala nonnative species of ungulates, rodents, weed species and, if necessary, removal and in the West Maui mountains, and weeds. In addition, habitat of these populations is conducted respectively (TNCH 1997, 1998; GDSI restoration and monitoring are also (DLNR 1989). 2000; HINHP Database 2000). Both included in these plans. Because Geranium multiflorum and preserves were established by grants of The primary management goals for Clermontia samuelii ssp. hanaenis and perpetual conservation easements from both Kapunakea and Waikamoi their habitats within the upper areas of the private landowners to TNCH and are Preserves are to (1) prevent degradation HNAR (above 1,525 m (5,000 ft) included in the State’s Natural Area of native forest by reducing feral elevation) are permanently protected Partnership (NAP) program, which ungulate damage; (2) improve or and managed by State law and because provides matching funds for the maintain the integrity of native the continued successful management of management of private lands that have ecosystems in selected areas of the this area is assured by State funding, been permanently dedicated to preserve by reducing the effects of HRS 195–9 (Natural Area Reserve Fund; conservation (TNCH 1997, 1998). nonnative plants; (3) increase the Heritage Program; established) Under the NAP program, the State of understanding of threats posed by small establishes in the state treasury a special Hawaii provides matching funds on a mammals and reduce their negative fund known as the natural area reserve two-for-one basis for management of impact, where possible; (4) prevent fund to implement the purposes of this private lands dedicated to conservation. extinction of rare species in the chapter, including the identification, In order to qualify for this program, the preserve; (5) track the biological and establishment, and management of land must be dedicated in perpetuity physical resources in the preserves and natural area reserves * * * the fund through transfer of fee title or a evaluate changes in these resources over shall be administered by the department conservation easement to the State or a time; (6) identify new threats to the [DLNR]. Since its establishment, DLNR cooperating entity. The land must be preserves before they become has received funding for this program managed by the cooperating entity or a established pests; and (7) build public each year from the Legislature and qualified landowner according to a understanding and support for the funding for natural resource programs detailed management plan approved by preservation of natural areas, and enlist such as this is a high priority and the Board of Land and Natural volunteer assistance for preserve unlikely to be discontinued (Randy Resources. Once approved, the six-year management (TNCH 1997, 1998). Kennedy, Native Resource Program partnership agreement between the The goal of the ungulate program is to Manager, DOFAW, pers. comm. 2003). State and the managing entity is bring pig populations to zero as rapidly This area is not in need of special automatically renewed each year so that as possible. Specific management management considerations or there are always six years remaining in actions to address feral ungulate protection. Therefore, we have the term, although the management plan impacts include the construction of determined that the State land within is updated and funding amounts are re- fences, including strategic fencing the upper areas of HNAR does not meet authorized by the board at least every (fences placed in proximity to natural the definition of critical habitat in the six years. By April 1 of any year, the barriers such as cliffs), annual Act, and we are not designating this area managing partner may notify the State monitoring of ungulate presence as critical habitat. Should the status of that it does not intend to renew the transects, and trained staff and this reserve change, for example by agreement; however, in such case the volunteer hunting. Since axis deer may revocation or modification of the NAR, partnership agreement remains in effect also pose a threat to the preserves, we will reconsider whether it then for the balance of the existing six-year TNCH is a member of the Maui Axis meets the definition of critical habitat. term, and the conservation easement Deer Group (MADG) and staff meet If so, we have the authority to propose remains in full effect in perpetuity. The regularly with other MADG members to to amend critical habitat to include such conservation easement may be revoked seek solutions. In Waikamoi Preserve, area at that time (50 CFR 424.12(g)) as by the landowner only if State funding the management actions also include workload and resources allow. is terminated without the concurrence working with community hunters in
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conjunction with the East Maui others who are conducting research proposed critical habitat on Maui. Eight Watershed Partnership (EMWP). In within the preserves. species (Ctenitis squamigera, Kapunakea Preserve, a system of Kapunakea Preserve is adjacent to two Clermontia oblongifolia ssp. mauiensis, transects extends the length of the areas that are also managed to protect Cyanea lobata, Cyrtandra munroi, preserve to monitor resource threats, natural resources: Puu Kukui Watershed Hesperomannia arborescens, including ungulate presence. By Management Area (WMA) and the Phlegmariurus mannii, Platanthera monitoring ungulate activity within the Honokowai section of the West Maui holochila, and Sanicula purpurea) are preserve, the staff is able to assess the NAR. TNCH currently acts as a reported from the Puu Kukui WMA success of the hunting program. If consultant to Maui Land and Pineapple (GDSI 2000; HINHP Database 2000; increased hunting pressure does not Company, managers of Puu Kukui Maui Land and Pineapple Co., Ltd. reduce feral ungulate activity in the WMA, and has a Master Cooperative undated). In the December 18, 2000, preserves, the preserve staff work with Agreement with DOFAW. These proposal we proposed that lands within the hunting group to identify and agreements are used to coordinate the Puu Kukui WMA were adequately implement alternative methods (TNCH management and sharing of staff and managed for the conservation of the 1997, 1998). equipment, and expertise to maximize listed species that occur on those lands The nonnative plant control program management efficiency. and were not in need of special within both preserves focuses on Waikamoi Preserve is adjacent to management considerations or controlling habitat-modifying nonnative three other large areas that are also protection. Therefore, we proposed that plants (weeds) in intact native managed to protect natural resources: these lands did not meet the definition communities and preventing the Haleakala National Park, Koolau Forest of critical habitat in the Act, and we did introduction of additional non-native Reserve, and the State’s Hanawi NAR. not propose designation of these lands plants. Based on the degree of threat to An agreement between the DLNR, East as critical habitat. However, during the native ecosystems, a weed priority list Maui Irrigation Company, Keola Hana comment periods on the December 18, has been compiled for the preserves, Maui Inc., Haleakala Ranch Company, 2000, proposal we received information and control and monitoring of the County of Maui, TNCH, and Haleakala from the Watershed Supervisor that highest priority species are ongoing. National Park was signed in order to funding for the conservation and Weeds are controlled manually, implement a joint management plan management of the listed plant species chemically, or through a combination of (East Maui Watershed Partnership Plan) on lands within Puu Kukui WMA was both. Preventive measures (prevention for the entire East Maui Watershed. not adequate nor assured. However, protocol) are required by all who enter Management efforts at Waikamoi during the comment periods for the the preserves. This protocol includes complement the objectives of the plan April 3, 2002, proposal we received yet such things as brushing footgear before as much as possible. The partnership more information from the Watershed entering the preserves to remove seeds agreement is being used to coordinate Supervisor that, contrary to the previous of nonnative plants. Weeds are management and sharing of staff and comments submitted, funding for Puu monitored along transects annually, equipment, and expertise to maximize Kukui WMA was indeed secure. In his weed priority maps are maintained, staff management efficiency (TNCH 1998). September 30, 2002, letter to us the Puu participate as members of the Because the preserves and the Kukui Watershed Supervisor stated that Melastome Action Committee and the continuing management plans being since 1988 Maui Land and Pineapple Maui Invasive Species Committee implemented for these plants and their has proactively managed Puu Kukui (MISC), and cooperate with the State habitats within the preserves provide a Watershed and that they are currently in Division of Conservation and Resources conservation benefit to the species and their second, six-year contract with the Enforcement (DOCARE) in marijuana because they are permanently protected State of Hawaii’s NAP Program to control, as needed. and managed, these lands are not in The effects of nonnative invertebrates preserve the native biodiversity of their need of special management or conservation lands. They are also and small mammals on native Hawaiian protection. Therefore, we have ecosystems are poorly understood. receiving funding from the Service to determined that the private lands within survey for rare plants on their lands and Initial control measures such as anti- Waikamoi Preserve and Kapunakea coagulant diphacinone bait stations are build feral ungulate control fences for Preserve do not meet the definition of being used to control rats in areas of the protection of listed plants. In other critical habitat in the Act, and we are suspected impact; however, valid words, they have a history of self- not designating these lands as critical conclusions from data gathered have not funding and conducting proactive habitat. Should the status of any of these been drawn. Adaptive management will conservation efforts in Puu Kukui, they reserves change, for example by non- be applied when new information are enrolled in the State’s NAP Program renewal of a partnership agreement or becomes available (TNCH 1997, 1998). and they receive funding from the Natural resource monitoring and termination of NAP funding, we will Service to support their conservation research address the need to track the reconsider whether it then meets the efforts. Therefore, we have determined biological and physical resources of the definition of critical habitat. If so, we that the private land within Puu Kukui preserves and evaluate changes in these have the authority to propose to amend WMA does not meet the definition of resources to guide management critical habitat to include such area at critical habitat in the Act as discussed programs. Vegetation is monitored that time (50 CFR 424.12(g)). below, and we are not designating throughout the preserves to document Maui Land and Pineapple Co., Ltd. critical habitat on this land. long-term ecological changes, and rare At just over 3,483 ha (8,600 ac), the plant species are monitored to assess Maui Pineapple Company’s Puu Kukui Puu Kukui WMA is the largest privately population status. Cuttings of WMA, Located in The West Maui owned preserve in the State. In 1993, endangered plants are taken to the Mountains the Puu Kukui WMA became the first University of Hawaii’s tissue culture lab Lands within Maui Land and private landowner participant in the at Lyon Arboretum for propagation. In Pineapple Co.’s Puu Kukui Watershed NAP program. In the NAP program, Puu addition, the preserve staff provides Management Area, located in the West Kukui WMA staff are pursuing four logistical support to scientists and Maui Mountains, were included in management programs stipulated in
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their Long Range Management Plan with In summary, we believe that the conservation, and social welfare benefits an emphasis on reducing nonnative habitat within Waikamoi and of ecological improvements. species that immediately threaten the Kapunakea Preserves, Puu Kukui WMA, The categories of potential direct and management area (Maui Pineapple and the upper area (above 1,525 m indirect costs considered in the analysis Company 1999). (5,000 ft)) of Hanawi NAR, are being included the costs associated with: (1) The primary management goals adequately managed for the Conducting section 7 consultations within Puu Kukui WMA are to (1) conservation of the listed species that including incremental consultations and eliminate ungulate activity in all Puu occur within these areas and are not in technical assistance; (2) Modifications Kukui management units; (2) reduce the need of special management to projects, activities, or land uses range of habitat-modifying weeds and considerations or protection. Therefore, resulting from the section 7 prevent introduction of nonnative we have determined that these lands do consultations; (3) Uncertainty and plants; (3) reduce the negative impacts not meet the definition of critical habitat public perceptions resulting from the of non-native invertebrates and small in the Act, and we are not designating designation of critical habitat including animals; (4) monitor and track biological these lands as critical habitat. potential indirect costs resulting from and physical resources in the watershed the loss of hunting opportunities and in order to improve management Analysis of Impacts Under Section the interaction of State and local laws; understanding of the watershed’s 4(b)(2) and (4) Potential offsetting beneficial resources; and (5) prevent the extinction Section 4(b)(2) of the Act requires us impacts associated with critical habitat, of rare species within the watershed. to designate critical habitat on the basis including educational benefits. The Specific management actions to of the best scientific information most likely economic effects of critical address feral ungulates include the available, and to consider the economic habitat designation are on activities construction of fences surrounding 10 and other relevant impacts of funded, authorized, or carried out by a management units and removal of designating a particular area as critical Federal agency (i.e., direct costs). ungulates within the Puu Kukui WMA. habitat. We may exclude areas from The analysis in the DEA incorporates The nonnative plant control program critical habitat upon a determination two baselines: one which addresses the within Puu Kukui WMA focuses on that the benefits of exclusion outweigh impact of critical habitat designation habitat modifying weeds, prioritizing the benefits of specifying such areas as that may be ‘‘attributable co- them according to the degree of threat extensively’’ to the listing of the species critical habitat. We cannot exclude such to native ecosystems, and preventing the and one which addresses the areas from critical habitat when introduction of new weeds. The weed incremental impact of the critical exclusion will result in the extinction of control program includes mapping and habitat designation itself. monitoring along established transects the species concerned. This Addendum utilizes one baseline and manual/mechanical control. Economic Impacts and analyzes the impacts of critical Biological control of Clidemia hirta was habitat designation that may be tried by releasing Antiblemma acclinalis Following the publication of the attributable co-extensively to the listing moth larvae. revised proposed critical habitat of the species. Because of the potential Natural resource monitoring and designation on April 5, 2002, a draft uncertainty about the benefits and research address the need to track economic analysis (DEA) was prepared economic costs resulting solely from biological and physical resources of the to estimate the potential economic critical habitat designations, the Service Puu Kukui WMA and evaluate changes impact of the proposed designation in believes that it is reasonable to estimate to these resources in order to guide accordance with the Court’s decision in the effects of the designation utilizing management programs. Vegetation is the N.M. Cattlegrowers Ass’n v. U.S. this approach to avoid understating monitored through permanent photo Fish and Wildlife Serv., 248 F.3d 1277 potential economic impacts. It is points, nonnative species are monitored (10th Cir. 2001). The draft analysis was important to note that the inclusion of along permanent transects, and rare, made available for review on October 2, impacts attributable co-extensively to endemic, and indigenous species are 2002 (67 FR 61845). We accepted the listing does not convert the monitored. Additionally, logistical and comments on the draft analysis until economic analysis into a tool to be other support for approved research November 2, 2002. considered in the context of a listing projects, interagency cooperative Our draft economic analysis evaluated decision. agreements, and remote survey trips the potential direct and indirect The addendum incorporates public within the watershed is provided. economic impacts of section 7 comments on the draft analysis and For these reasons, Puu Kukui WMA associated with the proposed critical makes other changes in the draft. These meets the three criteria for determining habitat designation for the 61 plant changes were primarily the result of that an area is not in need of special species from the islands of Maui and modifications made to the proposed management as discussed above. Kahoolawe over the next ten years. critical habitat designation based on Therefore, we have determined that the Direct impacts are those related to biological information received during private land within Puu Kukui WMA consultations under section 7 of the Act. the comment periods. In addition, we does not meet the definition of critical They include the cost of completing the have completed an amendment to the habitat in the Act, and we are not section 7 consultation process and addendum in which we have examined designating this land as critical habitat. potential project modifications resulting the potential economic impacts of a Should the status of this reserve change, from the consultation. Indirect impacts critical habitat designation in areas that for example by non-renewal of a are secondary costs and benefits that were not included in the original partnership agreement or termination of could occur coextensively with critical proposal because we believed they were NAP funding, we will reconsider habitat designation, but are not areas essential to the conservation of the whether it then meets the definition of necessarily directly related to the Act. species but did not require special critical habitat. If so, we have the Examples of indirect impacts include management considerations or authority to propose to amend critical potential effects to property values, protection and thus could be excluded habitat to include such area at that time potential effects of redistricting of land from designation under section 3(5)(a) (50 CFR 424.12(g)). from agricultural or urban to of the Act.
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Together, the draft economic analysis, of the adequacy of special management 13 species (Alectryon macrococcus, the addendum and the addendum and protection that is provided in Argyroxiphium sandwicense ssp. amendment constitute our final current management plans involving macrocephalum, Asplenium fragile var. economic analysis. The draft economic Alectryon macrococcus, Argyroxiphium insulare, Bonamia menziesii, Colubrina analysis estimated the total direct cost sandwicense ssp. macrocephalum, oppositifolia, Ctenitis squamigera, of the designation of critical habitat on Asplenium fragile var. insulare, Cyanea lobata, Diplazium molokaiense, Maui and Kahoolawe for the 60 plant Bonamia menziesii, Clermontia Geranium arboreum, Geranium species co-extensive with the listing to oblongifolia ssp. mauiensis, Clermontia multiflorum, Plantago princeps, be between $418,700 and $2,075,600 samuelii, Colubrina oppositifolia, Platanthera holochila, and Sanicula over 10 years. This direct cost was Ctenitis squamigera, Cyanea lobata, purpurea) and unoccupied habitat for revised in the addendum to $241,700 to Cyanea mceldowneyi, Cyrtandra three species (Melicope balloui, $1,441,200 over 10 years. The reduction munroi, Diplazium molokaiense, Phlegmariurus mannii, and Remya of $177,000 to $634,400 from the costs Geranium arboreum, Geranium mauiensis). The State’s upper Hanawi estimated in the draft economic analysis multiflorum, Hesperomannia NAR contains occupied habitat for is primarily due to the exclusion of arborescens, Melicope balloui, Clermontia samuelii and Geranium some proposed units and the significant Phlegmariurus mannii, Plantago multiflorum, and unoccupied habitat for reduction in size of other proposed princeps, Platanthera holochila, Remya Cyanea mceldowneyi. Eight species units. Using a seven percent discount mauiensis, and Sanicula purpurea in (Ctenitis squamigera, Clermontia rate and assuming these direct costs are accordance with section 3(5)(A)(i) of the oblongifolia ssp. mauiensis, Cyanea distributed evenly over the 10-year Act, we have not included TNCH’s lobata, Cyrtandra munroi, period, the annualized direct costs range Waikamoi and Kapunakea Preserves, Hesperomannia arborescens, from $24,170 to $144,120 per year. Maui Land and Pineapple’s Puu Kukui Phlegmariurus mannii, Platanthera Certain costs identified the final WMA, and the State’s upper Hanawi holochila, and Sanicula purpurea) occur economic analysis are based on ‘‘worst- NAR lands, in this final designation of within the Maui Land and Pineapple case’’ scenarios that, while possible, do critical habitat. However, to the extent Company’s Puu Kukui WMA. For a not seem likely based on past that special management considerations more detailed description of the consultation histories for these species. and protection may be required for these management activities conducted on In particular, the final economic areas, and they therefore meet the TNCH’s Waikamoi and Kapunakea analysis includes an evaluation of definition of critical habitat according to Preserves, the State’s Hanawi NAR and potential indirect costs associated with section 3(5)(A)(i), they are properly Maui Land and Pineapple’s Puu Kukui the designation of critical habitat for 60 excluded from designation under WMA, see the ‘‘Analysis of Managed plant species on Maui and Kahoolawe. section 4(b)(2) of the Act, based on the Lands Under Section 3(5)(A)’’ section. These reported costs are speculative following analysis. The portion of proposed unit Maui H and, in general, thought to have a low In addition, approximately 3,894 ha on Ulupalakua Ranch lands is occupied probability of occurrence. In addition, (9,622 ac) within five proposed critical habitat for nine species: Alectryon the final economic analysis discusses habitat units (Maui units H, I1, I2, and macrococcus; Bonamia menziesii; economic benefits in qualitative terms I4) located on private lands owned by Cenchrus agrimonioides; Flueggea rather than providing quantitative Ulupalakua and Haleakala Ranches are neowawraea; Geranium arboreum; estimates because of the lack of excluded from designation under Lipochaeta kamolensis; Melicope information available to estimate the section 4(b)(2) because the benefits adscendens; Melicope knudsenii; and economic benefits of endangered provided by these two landowners’ Melicope mucronulata. It is unoccupied species preservation and ecosystem voluntary conservation activities within habitat for three species: Clermontia improvements. and adjacent to these units outweigh the lindseyana; Colubrina oppositifolia; and The likely direct cost impact of benefits provided by a designation of Diellia erecta. designating critical habitat on Maui and critical habitat. Ulupalakua Ranch is involved in Kahoolawe for the 60 plant species is The Service believes that designation several important voluntary estimated to be between $24,170 to of critical habitat on these lands would conservation agreements and is $144,120 per year over the next 10 be a disincentive to those that have currently carrying out some of these years. This estimate, however, includes demonstrated a willingness to manage activities for the conservation of these areas that were proposed as critical their lands in a manner compatible with species. For example, the Partners for habitat, but have been excluded under the conservation of listed and non-listed Fish and Wildlife Auwahi and Puu sections 3(5)(a) and/or 4(b)(2) of the Act. species on Maui and Kahoolawe. Makua agreements were entered into in Therefore, the direct cost of designating Designation, therefore, would have a fiscal year 1997 and 1998 with the critical habitat for these 60 plant species strong possibility of having a stated purpose of protecting and is likely to be somewhat less than this detrimental effect on the recovery of the restoring dryland forest including amount. listed species on these lands. The construction of exclosure fences, a A more detailed discussion of our exclusion of these lands from critical greenhouse, access road, and economic analysis is contained in the habitat, on the other hand, will help propagation and outplanting of native draft economic analysis and the improve and maintain our positive plants. Preservation of these areas addendum. Both documents are relationship with the landowners conserves critically endangered species included in our administrative record involved and it will also provide of plants and animals in one of Hawaii’s and are available for inspection at the incentives to other landowners on Maui most degraded ecosystem types Pacific Islands Fish and Wildlife Office and Kahoolawe to consider (lowland dry forest). This management (see ADDRESSES section). implementing similar voluntary strategy is consistent with recovery of conservation activities, conservation these species. The Auwahi agreement Other Impacts partnerships, and beneficial natural (Auwahi I Project) is between As described in the ‘‘Analysis of resource programs on their lands. Ulupalakua Ranch, USGS–BRD, and the Managed Lands Under Section 3(5)(A)’’ TNCH’s Waikamoi and Kapunakea Service. The Service provided funding section above, based on our evaluation Preserves contain occupied habitat for ($64,388) for fence materials, plant
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propagation and outplanting, and weed within the protected pond/wetland area, resources and watershed from damage control, Ulupalakua Ranch provided which totals approximately 0.4 ha (1 ac) caused by pigs and cattle. Haleakala labor and materials valued at $18,000, of surface water, with 1–2 m (3–6 ft) Ranch Company has been working with and USGS–BRD provided materials and depths filled and maintained by natural the Central Maui Soil and Water technical assistance as well as staff and hydrology and rainfall. Nene may Conservation District to address soil and volunteer labor. In the 4 ha (10 ac) naturally disperse to Ulupalakua Ranch resource issues. In cooperation with the Auwahi project area, Ulupalakua Ranch from Haleakala National Park and the NRCS Environmental Quality Incentives has built the exclosure fence, outplanted few koloa now present on Maui may Program (EQIP), Haleakala Ranch native plants grown in the greenhouse disperse to potential higher elevation Company has implemented a weed including Alectryon macrococcus var. habitat at the ranch. Normal grazing and control program that has been on-going auwahiensis and Zanthoxylum management of pasture lands for over 80 years. Eight years ago, the hawaiiense, removed the majority of throughout Ulupalakua Ranch will also Haleakala Ranch Company Directors nonnative alien species within the provide additional foraging areas for created and filled a Land Steward fence, and removed all ungulates. The nene. position in order to shepherd the Service provided $31,675 through an As endangered species are anticipated ranch’s conservation efforts and update agreement with Ulupalakua Ranch for on the ranch, Ulupalakua Ranch is the conservation plans for all Haleakala restoration work at Puu Makua. developing a Safe Harbor Agreement Ranch Company lands. Ulupalakua Ranch has provided in-kind with the Service and the State through In addition, the Service’s Partners for labor and materials valued at $37,055 to the Safe Harbor program. The Safe Fish and Wildlife Puu Pahu agreement construct a fence around the 40-ha (100- Harbor program encourages proactive with Haleakala Ranch Co. and NRCS ac) exclosure, removal of ungulates, management to benefit endangered and within proposed unit Maui I1 was control of nonnative plants and out- threatened species on non-Federal lands entered into in fiscal year 2001 with the planting of native plants. The first two by providing regulatory assurances to stated purpose of protecting and tasks have been completed, with weed landowners that no additional restoring native subalpine dry control and out-planting ongoing. Endangered Species Act restrictions will shrubland. This agreement included A third voluntary partnership project be imposed on future land, water, or construction of a 6.9 km (4.3 mi) undertaken in cooperation with the resource use for enrolled lands. The exclosure fence and removal of Ulupalakua Ranch is the Auwahi II intended purpose of the ranch’s Safe ungulates within the area in order to Dryforest Restoration Project. The Harbor Agreement is to restore and allow the already semi-intact native Service provided $76,500 (matched by enhance foraging and breeding habitat vegetation to regenerate. Preservation of in-kind services valued at $52,000) for for two endangered Hawaiian this area conserves critically endangered this 8-ha (20-ac) restoration effort waterbirds at Ulupalakua Ranch in East species of plants and animals in one of adjacent to the Auwahi I project. This Maui. Under this Agreement, Hawaii’s most restricted ecosystem project is ongoing, and will employ the Ulupalakua Ranch will create a fenced types (subalpine dry shrubland). This same methods used at Auwahi I: 14-ha (35-ac) pond/wetland area and management strategy is consistent with construct of ungulate exclosure fence; maintain it for 20 years. If endangered the recovery of these species. The remove ungulates; control nonnative species are attracted to the area, Service and NRCS provided funding for plants; and out-plant native species Ulupalakua Ranch’s voluntary fencing materials ($91,418 from the (including listed species). conservation activities will contribute to Service) and are providing technical In addition, Ulupalakua Ranch recovery by increasing their assistance on the conservation of entered a partnership with Ducks reproduction, survival, and distribution Geranium arboreum and restoration of Unlimited, a private conservation on Maui. the subalpine dry shrubland. Haleakala organization, and the Natural Resources The portion of proposed units Maui Ranch Co. is building the fence and Conservation Service’s (NRCS) Wetland H, I1, I2, and I4 on Haleakala Ranch removing the ungulates (in-kind cost- Reserve Program in 2000, to create Company lands is occupied habitat for share valued at $28,875). This work is wetland complexes suitable for two seven species: Alectryon macrococcus; planned for completion by August 30, endangered birds, the Hawaiian Goose, Cyanea mceldowneyi; Diellia erecta; 2003. Haleakala Ranch Co. has also nene (Branta sandvicensis) and Diplazium molokaiense; Geranium worked with DOFAW for the past 2 Hawaiian duck, koloa (Anas wyvilliana). arboreum; Melicope balloui; and years on an ungulate-free reserve for NRCS Wetland Reserve Program (WRP) Phlegmariurus mannii. It is unoccupied native habitat regeneration in the provided $100,000 for funding and habitat for 11 species: Argyroxiphium Waiopae area. Haleakala Ranch Co. is technical support to develop the sandwicense ssp. macrocephalum; fencing the area to improve grazing wetland complex, Ducks Unlimited Asplenium fragile var. insulare; management from the forest to the provided matching funds and provided Clermontia lindseyana; Cyanea glabra; shoreline. These actions will include full survey, design, construction Geranium multiflorum; Lipochaeta riparian protection to improve habitat management and completion of wetland kamolensis; Neraudia sericea; for native plants, especially Lipochaeta development practices, and Ulupalakua Phyllostegia mannii; Phyllostegia mollis; kamolensis and Alectryon macrococcus, Ranch provided fencing, equipment, Plantago princeps; and Platanthera and watershed management. labor or other in-kind services as holochila. According to our published recovery required to match the WRP funds. Haleakala Ranch Company is plans, recovery of the species addressed Ducks Unlimited also conducted involved in several important voluntary in this rule will require self-sustaining waterfowl monitoring at the four ponds conservation agreements that benefit the populations distributed across the for one full year after pond construction. species included in the proposed landscape of sufficient robustness to In 2001, a 14 ha (35 ac) area was fenced critical habitat. For example, in the mid- withstand periodic threats due to and encompassed four constructed 1980s, Haleakala Ranch Company natural disaster or biological threats artificial ponds and associated upland granted TNCH a perpetual conservation (Service 1995a, 1995b, 1996a, 1996b, habitat at a 1,585 m (5,200 ft) elevation easement that included over 19,000 ha 1997, 1998a, 1998b, 1999, 2001). The site. The ponds were created to attract (47,000 ac) (Waikamoi Preserve) on highest priority recovery tasks include nene and koloa pairs to forage and nest Maui in order to protect its native forest active management such as plant
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propagation and reintroduction, fire if the action is likely to jeopardize the Auwahi Partnership Project area (see control, nonnative species removal, and continued existence of the listed discussion below). ungulate fencing. Failure to implement species. We have never completed a section 7 these management measures, all of Much of the area on TNCH’s lands is consultation on Haleakala Ranch which require voluntary landowner already occupied habitat for 13 of the 16 Company’s lands (although one is in the support and participation, virtually listed species. Therefore, any Federal process of being completed for the Puu assures the extinction of these species. activities that may affect these areas will Pahu project that the Service is funding Many of these types of conservation likely require section 7 jeopardy in part). actions in these areas of Maui are consultation. Historically, we have As a result of the low level of carried out as part of TNCH’s, the conducted only one informal previous Federal activity on these lands, State’s, ML&P’s, and Ulupalakua and consultation under section 7 regarding and after considering the future Federal Haleakala Ranch’s participation in Federal actions on TNCH’s land on activities that might occur on these landowner incentive-based programs, Maui. This consultation was conducted lands, it is the Service’s opinion that and by actions taken on the landowner’s with the U.S. Department of Agriculture there is likely to be a low number of initiative, as well as by actions taken on to review the effect of feral pig removal future Federal activities that would the State’s prioritization and initiative, on listed endangered and threatened adversely affect habitat on the lands and Ulupalakua Ranch’s and Haleakala species within Waikamoi and described above. Therefore, we Ranch’s participation with the Service’s Kapunakea Preserves. Thirteen of the 60 anticipate little additional regulatory Partners for Fish and Wildlife. These species, Alectryon macrococcus, benefits from including these areas in activities, which are described in more Argyroxiphium sandwicense ssp. critical habitat beyond what is already detail above, require substantial macrocephalum, Asplenium fragile var. provided by the existing section 7 nexus voluntary cooperation by each entity insulare, Bonamia menziesii, Colubrina for habitat areas occupied by the listed and other cooperating landowners and oppositifolia, Ctenitis squamigera, extant species. local residents. Cyanea lobata, Diplazium molokaiense, Another possible benefit of The following analysis describes the Geranium arboreum, Geranium designating critical habitat is that the likely conservation benefits of a critical multiflorum, Plantago princeps, designation can educate the public habitat designation compared to the Platanthera holochila, and Sanicula regarding the potential conservation conservation benefits without critical purpurea, are known to occur within value of an area, which may contribute habitat designation. In particular we the preserves. to conservation efforts by other parties considered: to what extent a critical Much of the area on State lands is by clearly delineating areas of high habitat designation would confer already occupied habitat for two of the conservation value for certain species. additional regulatory conservation three listed species. Therefore, any Information about the species for which benefits on these species; to what extent Federal activities that may affect these suitable habitat was identified on these the designation would provide an areas will likely require section 7 lands on Maui, including other parties educational benefit to the members of jeopardy consultation. Historically, we engaged in conservation activities, the public that would lead to enhanced have conducted one formal consultation could have a positive conservation conservation; and whether the critical and 16 informal consultations under benefit for the species. habitat designation would have a section 7 on the islands of Maui and While we believe this educational positive, neutral, or negative impact on Kahoolawe for one or more of the 60 outcome is important for the voluntary conservation efforts on each plant species. None of these conservation of these species, we landowner’s lands as well as other non- consultations involved this State land. believe it has already been achieved Federal lands on Maui that could Much of the area in the ML&P’s Puu through the existing management, contribute to recovery. Kukui WMA is already occupied by education, and public outreach efforts Ctenitis squamigera, Clermontia carried out by land owners and their (1) Benefits of Inclusion oblongifolia ssp. mauiensis, Cyanea conservation partners. The Nature These areas contain habitat essential lobata, Cyrtandra munroi, Conservancy of Hawaii has a well- to the conservation of the species listed Hesperomannia arborescens, developed public outreach for each area as described above. The Phlegmariurus mannii, Platanthera infrastructure that includes magazines, primary direct benefit of inclusion of holochila, and Sanicula purpurea. newsletters, and well-publicized public these lands as critical habitat would Therefore, any Federal activities that events on Maui and throughout Hawaii. result from the requirement under may affect these areas will in all The State has a well-developed public section 7 of the Act that Federal likelihood require section 7 jeopardy outreach infrastructure that includes agencies consult with us to ensure that consultation. Historically, we have websites, newsletters, and well- any proposed Federal actions do not conducted one informal consultation for publicized public events on Maui and destroy or adversely modify critical this property. It addressed the beneficial throughout Hawaii. ML&P features the habitat. effects of Federal funding for ungulate Puu Kukui Watershed preserve on its The benefit of a critical habitat exclusion on listed endangered and Web site (http://www.maui.net/ designation would ensure that any threatened species within the Puu mauilnp/puu_kukui.html) and the Puu actions authorized, funded or carried Kukui Partnership Project area. Kukui Watershed department staff hold out by a Federal agency would not On Maui, historically we have monthly volunteer weed service trips likely destroy or adversely modify any conducted only one formal consultation throughout the year. An annual critical habitat. Without critical habitat, and 16 informal consultations under boardwalk hike ($1,500/person) for a some site-specific projects might not section 7 for any of the plant species dozen people is held in August/ trigger consultation requirements under found on Maui. Of these, only two September with one free ‘‘prize’’ slot the Act in areas where species are not informal consultations were conducted reserved for the student winner of an currently present; in contrast, Federal on Ulupalakua Ranch. These were intra- environmental essay contest from Maui actions in areas occupied by listed Service consultations on the effects of County high schools (Randy Bartlett, species would still require consultation fencing and outplanting within the Puu Watershed Management Supervisor, under section 7 of the Act to determine Makua Partnership Project area and the ML&P, in litt., 2002). Through the
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critical habitat designation process, the permission for reintroduction efforts Haleakala Ranch Company informed portion of unit Maui H that lies within (Bean 2002, Wilcove et al. 1998). For the Service that they are currently Ulupalakua Ranch and the portion of example, three of the 16 species devising management plans for units Maui H, I1, I2, and I4 that lie associated with Waikamoi and conserving resources, which include the within Haleakala Ranch have been Kapunakea Preserve are extirpated from following important voluntary actions identified as essential to the TNCH lands, Cyanea mceldownei by Haleakala Ranch Company: (1) conservation of 25 of the 60 Maui plant associated with Hawaii NAR lands, Construction of a 9 ha (22 ac) exclosure species addressed in this rule. In three of the 12 species associated with fence around Keokea Gulch in Kihei to addition, the existing conservation proposed unit Maui H on Ulupalakau reduce sedimentation on the shoreline activities being conducted within Ranch, and 11 of the 18 species and reef and to reduce the fire hazard proposed unit Maui H that lies within associated with proposed units Maui H, in the area by using R–1 reclaimed Ulupalakua Ranch and the portion of I1, I2, and I4 on Haleakala Ranch water to irrigate a riparian buffer. proposed units Maui H, I1, I2, and I4 Company are extirpated from these construction of an exclosure fence for a that lie within Haleakala Ranch, as well respective lands, and repopulation is dryland lava flow in the Keokea area. In as other portions of each ranch, by the likely not possible without human cooperation with DOFAW, fence Service and other Federal agencies (e.g., assistance and landowner cooperation. construction of an exclosure in the USDA NRCS), the State, and private Although none of the species associated Waiopae area for habitat protection of organizations (e.g., Ducks Unlimited) with ML&P lands are extirpated, native forest and riparian areas demonstrate that the public is already augmentation of existing populations (proposed units H, I1, I2, and I4); (2) aware of the importance of this area for and establishment of new populations Control of feral ungulates that are the conservation of the species located are also likely not possible without negatively impacting listed plants on each ranch. These examples and human assistance and landowner within the fenced areas; (3) Control of other media extol and explain the cooperation. nonnative grasses and other fire conservation importance of these lands As described earlier, TNCH, the State, hazards, and development of fire control and their conservation value. A final and ML&P have a history of entering measures; and (4) Habitat protection for designation of critical habitat would into conservation agreements with natural regeneration of native flora simply affirm what is already widely various Federal and State agencies and within the fenced areas. accepted by Hawaii’s conservationists, other private organizations on their The Service believes that each of the listed species within these areas is public agencies, and most of the public lands. The Nature Conservancy’s benefitting substantially from the concerning the conservation value of mission is to preserve the plants, landowner’s proactive management these lands. animals and natural communities that In sum, we believe that a critical actions. Voluntary management actions represent the diversity of life on Earth habitat designation for listed plants on include a reduction in ungulate by protecting the lands and waters they these lands on Maui would provide a browsing and habitat conversion, a need to survive. The State’s NAR relatively low level of additional reduction in competition with mission is to preserve and protect regulatory conservation benefit to each nonnative weeds, a reduction in risk of representative samples of the Hawaiian of the plant species beyond what is fire, and the reintroduction of species biological ecosystems and geological already provided by existing section 7 currently extirpated from various areas, formations. One of ML&P’s missions is consultation requirements due to the and for which the technical ability to physical presence of the listed species. to practice prudent stewardship of their propagate these species currently exists Any regulatory conservation benefits land and water resources ensuring the or will be developed in the near future. would accrue through the benefit protection of crucial water resources for The conservation benefits of critical associated with additional section 7 the community, as well as the rare and habitat are primarily regulatory or consultation associated with critical endangered species of plants and prohibitive in nature. But on Maui, habitat. Based on a review of past animals. simply preventing ‘‘harmful activities’’ consultations and consideration of the To address the conservation needs of alone will not slow the extinction of likely future activities in this specific the species in a larger area, Ulupalakua listed plant species (Bean 2002). Where area, there is little Federal activity Ranch has expanded their Partners for consistent with the discretion provided expected to occur on this land that Fish and Wildlife projects with the by the Act, the Service believes it is would trigger section 7 consultation. Service, in cooperation with the State necessary to implement policies that The Service also believes that a final NAR program for conserving additional provide positive incentives to private critical habitat designation provides areas, which include the following landowners to voluntarily conserve little additional educational benefits important voluntary actions by natural resources and that remove or since the conservation value is already Ulupalakua Ranch: (1) Construction of reduce disincentives to conservation well known by the landowner, the State, exclosure fencing around a portion of (Wilcove et al. 1998). Thus, we believe Federal agencies, private organizations, Ulupalakua Ranch and the Kanaio NAR it is essential for the recovery of these and the public. (a portion of proposed Maui unit H) species to build on continued with $50,000 provided by Service, conservation activities such as these (2) Benefits of Exclusion matched by in-kind services (e.g., labor with a proven partner, and to provide Proactive voluntary conservation and materials) valued at $50,000; (2) positive incentives for other private efforts are necessary to prevent the Active management of feral ungulates landowners on Maui who might be extinction and promote the recovery of that are negatively impacting listed considering implementing voluntary these listed plant species on Maui and plants within the fenced areas; (3) conservation activities but have other Hawaiian islands (Shogren et al. Active management of nonnative grasses concerns about incurring incidental 1999, Wilcove and Chen 1998, Wilcove and other fire hazards, and development regulatory or economic impacts. et al. 1998). Consideration of this of fire control measures; and (4) Nursery Approximately 80 percent of concern is especially important in areas propagation and planting of native flora, imperiled species in the United States where species have been extirpated and including some of the 12 species, within occur partly or solely on private lands their recovery requires access and the fenced areas. where the Service has little management
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authority (Wilcove et al. 1996). In Federal and State agencies, and private all of the listed species on Maui due to addition, recovery actions involving the organizations to implement voluntary the need to implement proactive reintroduction of listed species onto conservation activities on their lands conservation actions such as ungulate private lands require the voluntary that have resulted in tangible management, weed control, fire cooperation of the landowner (Bean conservation benefits. suppression, plant propagation, and 2002, James 2002, Knight 1999, Main et The State’s NAR mission is to outplanting. al. 1999, Norton 2000, Shogren et al. preserve and protect representative The need for TNCH’s cooperation is 1999, Wilcove et al. 1998). Therefore, ‘‘a samples of the Hawaiian biological especially acute because 3 of the 16 successful recovery program is highly ecosystems and geological formations. reported species are not currently found dependent on developing working Therefore, the Hanawi NAR lands are on the preserves. Future conservation partnerships with a wide variety of currently being managed on a proactive efforts, such as translocation of these entities, and the voluntary cooperation basis in cooperation with the Service, three plant species on to these lands and of thousands of non-Federal landowners the National Park, and private expansion of the extant species, will and others is essential to accomplishing organizations to achieve important require the cooperation of TNCH and recovery for listed species’ (Crouse et al. conservation goals. In the past, the State other non-Federal landowners on Maui. 2002). Because the Federal government has cooperated with Federal agencies, Exclusion of TNCH lands from this manages relatively little land on Maui, and private organizations to implement critical habitat designation will help the and because large tracts of land suitable proactive conservation activities on Service maintain and improve this for conservation of threatened and their lands that have resulted in tangible partnership by formally recognizing the endangered species are mostly owned conservation benefits. positive contributions of TNCH to plant by private landowners, successful One of ML&P’s missions is to practice recovery, and by streamlining or recovery of listed species on Maui is prudent stewardship of their land and reducing redundant regulatory especially dependent upon working water resources ensuring the protection oversight. partnerships and the voluntary of crucial water resources for the The need for the State’s cooperation is cooperation of non-Federal landowners. community, as well as the rare and also especially acute because the upper Therefore, the Service believes that endangered species of plants and Hanawi NAR is unoccupied by Cyanea excluding these lands from critical animals. Therefore, all of their Puu mceldowneyi. Future conservation habitat will help maintain and improve Kukui WMA lands are currently being efforts, such as translocation of this our partnership relationship with these managed on a voluntary basis in plant species back into unoccupied landowners by recognizing their cooperation with the Service, State, and habitat on this land and expansion of positive contribution to conservation on other private organizations to achieve the extant species, will require the Maui. It will also reduce the cost and important conservation goals. In the cooperation of the State and other non- logistical burden of unnecessary past, ML&P has cooperated with Federal Federal landowners on Maui. Exclusion regulatory oversight. We also believe and State agencies, and private of the State’s Hanawi NAR lands from this recognition will provide other organizations to implement voluntary this critical habitat designation will landowners with a positive incentive to conservation activities on their lands help the Service maintain and improve undertake voluntary conservation that have resulted in tangible this partnership by formally recognizing activities on their lands, especially conservation benefits. the positive contributions of the State where there is no regulatory A substantial amount of the NAR to plant recovery, and by requirement to implement such actions. Ulupalakua Ranch portion of proposed streamlining or reducing unnecessary unit Maui H are currently being regulatory oversight. (3) The Benefits of Exclusion Outweigh managed by the landowner on a The need for ML&P’s cooperation is the Benefits of Inclusion voluntary basis in cooperation with us, necessary because future conservation Based on the above considerations, the State of Hawaii, and USGS–BRD to efforts, such as expansion of the extant and consistent with the direction achieve important conservation goals. In species, will require the cooperation of provided in section 4(b)(2) of the Act, the past, Ulupalakua Ranch has ML&P and other non-Federal we have determined that the benefits of cooperated with us, the State, and other landowners on Maui. Exclusion of excluding the following areas as critical organizations to implement voluntary ML&P lands from this critical habitat habitat for the Maui plant species conservation activities on their lands designation will help the Service concerned that occur on these lands as that have resulted in tangible maintain and improve this partnership described above: TNCH’s Maui conservation benefits. by formally recognizing the positive preserves, the State’s Hawaii NAR, A substantial amount of the Haleakala contributions of ML&P to plant ML&P’s Kukui WMA, the Ulupalakua Ranch Co. portion of proposed units H, recovery, and by streamlining or Ranch portion of proposed unit Maui H, I1, I2, and I4 is currently being managed reducing unnecessary regulatory and the Haleakala Ranch portion of by the landowner on a voluntary basis oversight. proposed units Maui H, I1, I2, and I4. in cooperation with us, the State of The need for Ulupalakua Ranch’s This conclusion is based on the Hawaii, USGS–BRD, and TNCH to cooperation is important because the following factors: achieve important conservation goals. In proposed unit Maui H is unoccupied by (i) TNCH’s mission is to preserve the the past, Haleakala Ranch has 3 of the 12 species. Future conservation plants, animals and natural cooperated with us, the State, and other efforts, such as translocation of these communities that represent the diversity organizations to implement voluntary three plant species back into of life on Earth by protecting the lands conservation activities on their lands unoccupied habitat on these lands, will and waters they need to survive. that have resulted in tangible require the cooperation of Ulupalakua Therefore, all of their preserve lands are conservation benefits. Ranch. currently being managed on a voluntary (ii) Simple regulation of ‘‘harmful The need for Haleakala Ranch Co.’s basis in cooperation with the Service, activities’’ is not sufficient to conserve cooperation is especially acute because State, and other private organizations to these species. Landowner cooperation the proposed units Maui H, I1, I2, and achieve important conservation goals. In and support is required to prevent the I4 are unoccupied by 11 of the 18 the past, TNCH has cooperated with extinction and promote the recovery of species. Future conservation efforts,
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such as reintroduction of these 11 plant As described above, the overall protect and provide for the conservation species back into unoccupied habitat on benefits to these species of a critical of these species and will not create any these lands, will require the cooperation habitat designation for these areas are threats or risks of extinction to these of Haleakala Ranch Co. relatively small. In contrast, we believe species. Further, these areas are already (iii) The Service believes the that this exclusion will enhance our occupied by 13 of the 16 species and additional regulatory and educational existing partnership with each thereby benefit from the section 7 benefits of including these lands as landowner and it will set a positive protections of the Act, should such an critical habitat are relatively small. The example and provide positive incentives unlikely Federal threat actually current partnership agreements between to other non-Federal landowners who materialize. The exclusion of these TNCH and many organizations, the may be considering implementing preserves will not increase the risk of State and many organizations, ML&P voluntary conservation activities on extinction to any of these species, and and many organizations, and current their lands. There is a higher likelihood it may increase the likelihood that these agreements between the Service and of beneficial conservation activities species will recover by encouraging Ulupalakua Ranch and Haleakala Ranch occurring in these and other areas of other landowners to implement already provide significant conservation Maui without designated critical habitat voluntary conservation activities as and educational benefits. than there would be with designated TNCH has done. The designation of critical habitat can critical habitat in these areas. In In addition, critical habitat is being serve to educate the general public as conclusion, we find that the designation designated on other areas of Maui for all well as conservation organizations of critical habitat on the TNCH Maui five of the endemic species (9— regarding the potential conservation preserves, the State’s Hawaii upper Argyroxiphium sandwicense ssp. value of an area, but this goal is already Hanawi NAR, ML&P’s Kukui WMA, the macrocephalum—a, Maui 9—Geranium being accomplished through the Ulupalakua Ranch portion of proposed arboreum—a, Maui 14—Geranium identification of this area in the unit Maui H, and the Haleakala Ranch arboreum—b, Maui 15—Geranium management plans described above and portion of proposed units Maui H, I1, I2, arboreum—c, Maui 8—Geranium multiflorum—a, Maui 9—Geranium through public outreach efforts. and I4 would most likely have a multiflorum—b, Maui 9—Geranium Likewise, there will be little additional negative effect on the recovery and multiflorum—c, Maui 8—Melicope Federal regulatory benefit to the species conservation of the Maui plant species balloui—a, Maui 9—Melicope balloui— because (a) there is a low likelihood that concerned. Therefore, the Service’s b, Maui 17—Remya mauiensis—a, Maui these proposed critical habitat units will conclusion is that the net benefits of 17—Remya mauiensis—b, Maui 17— be negatively affected to any significant excluding these areas from critical Remya mauiensis—c, and Maui 18— degree by Federal activities requiring habitat outweigh the benefits of including these areas. Remya mauiensis—d), and critical section 7 consultation, and (b) on land habitat has been designated elsewhere owned by TNCH, the State, Ulupalakua (4) Exclusion of This Unit Will Not on Maui, and proposed or designated on and Haleakala Ranches, and ML&P Cause Extinction of the Species other islands for the remaining 11 multi- much of the areas are already occupied In considering whether or not island species consistent with the by listed species and a section 7 nexus exclusion of the TNCH preserve lands guidance in recovery plans. These other already exists. The Service is unable to might result in the extinction of any of designations identify conservation areas identify any other potential benefits the 16 reported species, the Service first for the maintenance and expansion of associated with critical habitat for these considered the impacts to the five the existing populations and are proposed units. species endemic to Maui sufficient to prevent extinction of the (iv) It is documented that publicly (Argyroxiphium sandwicense ssp. species concerned. and privately owned lands and lands macrocephalum, Geranium arboreum, In considering whether or not owned by conservation organizations Geranium multiflorum, Melicope exclusion of the State’s upper Hanawi such as these, alone, are too small and balloui, and Remya mauiensis). NAR might result in the extinction of poorly distributed to provide for the For both the five endemic and the 11 Clermontia samuelii, Cyanea conservation of most listed species ‘‘multi-island’’ species, it is the mceldowneyi, and Geranium (Bean 2002, Crouse et al. 2002). Service’s conclusion that the TNCH’s multiflorum the Service considered Excluding these lands from critical mission and management plans will potential impacts. For all three endemic habitat may, by way of example, provide provide as much or more net species, it is the Service’s conclusion positive social, legal, and economic conservation benefits as would be that the State’s NAR mission and incentives to other non-Federal provided if these preserves were management provide a significant landowners on Maui who own lands designated as critical habitat. These conservation benefit. The management that could contribute to listed species management plans, which are described will provide tangible proactive recovery if voluntary conservation above, will provide tangible proactive conservation benefits that will reduce measures on these lands are conservation benefits that will reduce the likelihood of extinction for the listed implemented (Norton 2000, Main et al. the likelihood of extinction for the listed plants in this area of Maui and increase 1999, Shogren et al. 1999, Wilcove and plants in these areas of Maui and their likelihood of recovery. Extinction Chen 1998). As resources allow, the increase their likelihood of recovery. for any of these species as a Service would be willing to consider Extinction for any of these species as a consequence of this exclusion is future revisions or amendments to this consequence of this exclusion is unlikely because there are no known final critical habitat rule if landowners unlikely because there are no known threats in the NAR due to any current affected by this rule develop threats in these preserves due to any or reasonably anticipated Federal conservation programs or partnerships current or reasonably anticipated actions that might be regulated under (e.g., Habitat Conservation Plans, Safe Federal actions that might be regulated section 7 of the Act. Further, this area Harbor Agreements, conservation under section 7 of the Act. The DEA is already occupied by two of the three agreements, etc.) on their lands that indicates that there may be future species and thereby benefits from the outweigh the regulatory and educational programmatic consultations. These section 7 protections of the Act, should benefits of a critical habitat designation. management actions were designed to such an unlikely Federal threat actually
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materialize. The exclusion of this NAR proposed unit Maui H might result in the portion of proposed units H, I1, I2, will not increase the risk of extinction the extinction of any of the 12 species, and I4 as critical habitat. These to any of these species, and it may the Service first considered the impacts agreements, which are described above, increase the likelihood these species to the three species endemic to Maui will provide tangible proactive will recover by encouraging other (Geranium arboreum, Lipochaeta conservation benefits that will reduce landowners to implement voluntary kamolensis, and Melicope adscendens), the likelihood of extinction for the listed conservation activities as the State has and second to the nine species known plants in this area of Maui and increase done. from Maui and one or more other their likelihood of recovery. Extinction In addition, critical habitat is being Hawaiian islands. for any of these species as a designated on another area of Maui for For both the three endemic and the consequence of this exclusion is all three endemic species (Maui 9— nine ‘‘multi-island’’ species, it is the unlikely because there are no known Clermontia samuelii—a, Maui 8— Service’s conclusion that the threats in these portions of proposed Cyanea mceldowneyi—a, Maui 8— partnership agreements developed by units Maui H, I1, I2, and I4 due to any Geranium multiflorum—a, Maui 9— Ulupalakua Ranch and the Service will current or reasonably anticipated Geranium multiflorum—b, and Maui provide more net conservation benefits Federal actions that might be regulated 9—Geranium multiflorum—c). These than would be provided by designating under section 7 of the Act. other designations identify conservation the portion of proposed unit Maui H as Implementation of the partnership areas for the maintenance and critical habitat. These agreements, agreements between the landowner and expansion of the existing populations. which are described above, will provide the Service, and the exclusion of the In considering whether or not tangible proactive conservation benefits portion of proposed units Maui H, I1, I2, exclusion of the Puu Kukui WMA might that will reduce the likelihood of and I4, have the highest likelihood of result in the extinction of any of the extinction for the listed plants in this preventing extinction of these 18 eight species, the Service first area of Maui and increase their species, especially the species endemic considered the impacts to the Maui likelihood of recovery. Extinction for to the island of Maui. endemic, Hesperomannia arborescens. any of these species as a consequence of In addition, critical habitat is being For both the endemic Hesperomannia this exclusion is unlikely because there designated on other areas of Maui for all arborescens and the seven ‘‘multi- are no known threats in this portion of six of the endemic species (Maui 9— island’’ species, it is the Service’s proposed unit Maui H due to any Argyroxiphium sandwicense ssp. conclusion that ML&P’s mission and current or reasonably anticipated macrocephalum—a, Maui 8—Cyanea management programs will provide as Federal actions that might be regulated mceldowneyi—a, Maui 9—Geranium much or more net conservation benefits under section 7 of the Act. arboreum—a, Maui 14—Geranium as would be provided if this area was Implementation of the partnership arboreum—b, Maui 14—Geranium designated as critical habitat. These agreements between the landowner and arboreum—c, Maui 8—Geranium management programs, which are the Service and the exclusion of the multiflorum—a, Maui 8—Geranium described above, will provide tangible portion of proposed unit Maui H have multiflorum—b, Maui 9—Geranium proactive conservation benefits that will the highest likelihood of preventing multiflorum—c, Maui 9—Lipochaeta reduce the likelihood of extinction for extinction of these 12 species, especially kamolensis—a, Maui 8—Melicope the listed plants in these areas of Maui the species endemic to the island of balloui—a, and Maui 8—Melicope and increase their likelihood of Maui. balloui—b), and critical habitat has been recovery. Extinction for any of these In addition, critical habitat is being designated elsewhere on Maui, and species as a consequence of this designated on another area of Maui for proposed or designated on other islands exclusion is unlikely because there are all three of the endemic species (Maui for the remaining 12 multi-island no known threats in Puu Kukui WMA 9—Geranium arboreum—a, Maui 9— species consistent with the guidance in due to any current or reasonably Lipochaeta kamolensis—a, and Maui the recovery plans for these species. anticipated Federal actions that might 13—Melicope adscendens—a). These These other designations identify be regulated under section 7 of the Act. other designations identify conservation conservation areas for the maintenance Further, this area is already occupied by areas for the maintenance and and expansion of the existing all of the eight species and thereby expansion of the existing populations. populations. benefit from the section 7 protections of In considering whether or not In addition, § 195D–4 (Hawaii Revised the Act, should such an unlikely exclusion of Haleakala Ranch Statutes, Endangered species and Federal threat actually materialize. The Company’s portions of proposed units threatened species) stipulates that exclusion of Puu Kukui WMA will not Maui H, I1, I2, and I4 might result in the species determined to be endangered or increase the risk of extinction to any of extinction of any of the 18 species, the threatened under the Federal ESA shall these species, and it may increase the Service first considered the impacts to be deemed endangered or threatened likelihood these species will recover by the six species endemic to Maui under the state law. It is unlawful under encouraging other landowners to (Argyroxiphium sandwicense ssp. the state law, with some exceptions, to implement voluntary conservation macrocephalum, Cyanea mceldowneyi, ‘‘take’’ such species, or to possess, sell, activities as ML&P has done. Geranium arboreum, Geranium carry or transport them. For plants, take In addition, critical habitat has been multiflorum, Lipochaeta kamolensis, is defined in the State statute as to ‘‘cut, designated elsewhere on Maui, and and Melicope balloui), and second to the collect, uproot, destroy, injure, or proposed or designated on other islands 12 species known from Maui and one or possess’’. The statutory protections for for the remaining seven multi-island more other Hawaiian islands. these plants provide additional species consistent with the guidance in For both the six endemic and the 12 assurances that exclusion of these areas recovery plans. These other ‘‘multi-island’’ species, it is the from critical habitat will not result in designations identify conservation areas Service’s conclusion that the extinction of the species in question. for the maintenance and expansion of partnership agreements developed by In sum, the above analysis concludes the existing populations. Haleakala Ranch and the Service will that an exclusion of these areas from In considering whether or not provide more net conservation benefits final critical habitat on Maui will have exclusion of Ulupalakua Ranch’s than would be provided by designating a net beneficial impact with little risk of
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negative impacts. Therefore the affect any economic sector, regulation (See Mid-Tex Electric Co-Op, exclusion of these lands will not cause productivity, competition, jobs, the Inc. v. F.E.R.C. and America Trucking extinction and should in fact improve environment, or other units of Associations, Inc. v. EPA.). As such, the chance of recovery for Alectryon government. This designation will not entities indirectly impacted by the plant macrococcus, Argyroxiphium create inconsistencies with other listings and critical habitat and, sandwicense ssp. macrocephalum, agencies’ actions or otherwise interfere therefore, not directly regulated by the Asplenium fragile var. insulare, with an action taken or planned by listing or critical habitat designation are Bonamia menziesii, Cenchrus another agency. It will not materially not considered in this section of the agrimonioides, Clermontia lindseyana, affect entitlements, grants, user fees, analysis. Clermontia oblongifolia ssp. mauiensis, loan programs, or the rights and Small entities include small Clermontia samuelii, Colubrina obligations of their recipients. Finally, organizations, such as independent non- oppositifolia, Ctenitis squamigera, this designation will not raise novel profit organizations, and small Cyanea glabra, Cyanea lobata, Cyanea legal or policy issues. Accordingly, governmental jurisdictions, such as mceldowneyi, Cyrtandra munroi, Diellia OMB has not formally reviewed this school boards and city and town erecta, Diplazium molokaiense, final critical habitat designation. governments that serve fewer than Flueggea neowawraea, Geranium Regulatory Flexibility Act 50,000 residents, as well as small arboreum, Geranium multiflorum, businesses. Refer to the draft economic Hesperomannia arborescens, Under the Regulatory Flexibility Act analysis for a further discussion of the Lipochaeta kamolensis, Melicope (RFA) (as amended by the Small definition of small entities. Business Regulatory Enforcement adscendens, Melicope balloui, Melicope The RFA/SBREFA defines ‘‘small Fairness Act (SBREFA) of 1996), knudsenii, Melicope mucronulata, governmental jurisdiction’’ as the whenever a Federal agency is required Neraudia sericea, Phlegmariurus government of a city, county, town, to publish a notice of rulemaking for mannii, Phyllostegia mannii, school district with a population of less any proposed or final rule, it must Phyllostegia mollis, Plantago princeps, than 50,000. By this definition, Federal prepare and make available for public Platanthera holochila, Remya government agencies are not small mauiensis, and Sanicula purpurea. comment a regulatory flexibility analysis that describes the effect of the business under SBA guidelines, and Taxonomic Changes rule on small entities (i.e., small State agencies are not considered small governments under the RFA. The At the time we listed Clermontia businesses, small organizations, and small governmental jurisdictions). County of Maui is also not a small peleana, Cyanea grimesiana ssp. governmental jurisdiction because its grimesiana, Cyanea lobata, Delissea However, no regulatory flexibility analysis is required if the head of the population was approximately 128,240 undulata, Mariscus pennatiformis, in 2000. Phyllostegia parviflora, and Phyllostegia agency certifies that the rule will not have a significant economic impact on SBREFA further defines ‘‘small mollis, we followed the taxonomic organization’’ as any not-for-profit treatments in Wagner et al. (1990), the a substantial number of small entities. SBREFA amended the RFA to require enterprise that is independently owned widely used and accepted Manual of the and operated and is not dominant in its Flowering Plants of Hawaii. For Federal agencies to provide a statement of the factual basis for certifying that a field. The East Maui Watershed Phlegmariurus mannii, we used the Partnership and the West Maui ‘‘Revised Checklist of Hawaiian rule will not have a significant economic impact on a substantial Watershed Partnership are not Pteridophytes’’ (Wagner and Wagner independently owned but are public- 1994). Subsequent to the final listing, number of small entities. Based on the information in our private partnerships between Federal we became aware of new taxonomic economic analysis (draft economic agencies, State agencies, private treatments of these species. Also, in the analysis, supplement, and addendum), landowners, and community recently published Hawaii’s Ferns and we are certifying that the critical habitat organizations that are dominant in Fern Allies (Plamer 2003), the family designation for 60 Maui and Kahoolawe setting policy for watershed protection. name for Ctenitis squamigera has plant species will not have a significant While the definition of ‘‘small changed (from Aspleniaceae to effect on a substantial number of small organization’’ leaves some room for Dryopteridaceae). Due to the court- entities because a substantial number of interpretation, based on the above ordered deadlines, we are required to small entities are not affected by the factors, the economic analysis does not publish this final rule to designate designation. consider either partnership to be a critical habitat on Maui and Kahoolawe SBREFA does not explicitly define ‘‘small organization.’’ Our draft before we can prepare and publish a either ‘‘substantial number’’ or economic analysis further identified one notice of taxonomic changes for these ‘‘significant economic impact.’’ other organization that may be affected nine species. We plan to publish a Consequently, to assess whether a by the critical habitat designation on taxonomic change notice for these nine ‘‘substantial number’’ of small entities is Maui, although, to this point, we have species after we have published the affected by this designation, this never consulted with them directly or final critical habitat designations on analysis considers the relative number indirectly, as Hawaii Television Maui and Kahoolawe. of small entities likely to be impacted in Broadcasters Association (HTBA). The Required Determinations the area. Similarly, this analysis HTBA is a Hawaii nonprofit corporation considers the relative cost of that represents the common interests of Regulatory Planning and Review compliance on the revenues/profit Hawaii’s television broadcasters, each of In accordance with Executive Order margins of small entities in determining which has annual revenues in excess of 12866, the Office of Management and whether or not entities incur a $750,000. As the entity representing all Budget (OMB) has determined that this ‘‘significant economic impact.’’ Federal the local broadcast stations, HTBA critical habitat designation is not a courts and Congress have indicated that appears to be dominant in its field and significant regulatory action. This rule an RFA/SBREFA analysis should be therefore does not appear to meet will not have an annual economic effect limited to all impacts to entities directly SBREFA’s definition of a ‘‘small of $100 million or more or adversely subject to the requirements of the organization.’’
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The RFA/SBREFA requires that and projected land uses on Kahoolawe review of the effects of the Kanaio agencies use the SBA’s definition of are land restoration and ordnance National Guard Training Area on listed ‘‘small business,’’ which is codified at removal (Decision Analysts Hawaii endangered and threatened species and 13 CFR 121.201. The draft economic (DAHI) 2001). For these reasons, the review of ‘‘Natural Resources analysis identified the following small draft economic analysis concluded that Management Plan: Kanaio Guard businesses. Zond Pond, a company the proposed rule would not affect a Training Area.’’ Two informal formed to develop wind projects in substantial number of small entities on consultations were conducted with the Hawaii that have not yet been the island of Kahoolawe. Based on the Department of Transportation for review constructed, and several livestock above analysis, a significant economic of the effects of the proposed Kihei- operations. Zond Pond currently has no impact on a substantial number of small Upcountry Highway on listed sales by which to evaluate whether it entities will not result from the endangered and threatened species. One meets the definition of a small business. proposed critical habitat designation on informal consultations was conducted However, our DEA concluded, based on Maui and Kahoolawe. with the U.S. Department of Agriculture a public declaration from Zond Pond This conclusion are supported by the for review of the effect of feral pig that it is not a small business and the history of consultations on Maui. Since removal on listed endangered and projected scale of its windfarm projects, these 60 plant species were listed threatened species within Waikamoi that Zond Pond does not qualify as a (between 1991 and 1999), on the island and Kapunakea Preserves. One informal ‘‘small business’’ under SBA’s small of Maui we have conducted only one consultation was conducted with the business definitions. In 2000, there were formal consultation and 16 informal Service’s Ecological Services Program 170 cattle livestock operations in Maui consultations, in addition to for the effects of fencing and replanting County. The combined cattle sales of all consultations on Federal grants to State listed endangered and threatened of these operations in 2000 was about wildlife programs, which do not affect species within the Puu O Kali $3.2 millions (Statistics of Hawaii small entities. Three informal restoration area. One informal Agriculture, 2000). Since this implies consultations were conducted with the consultation was conducted with NRCS average annual cattles sales per business U.S. Air Force, for the Maui Space for the effects of ranching operations on listed endangered and threatened of $19,000, it is likely that all of almost Surveillance Site, who requested we all of the Maui County cattle operations species within 38 acres of private land. review their final draft ‘‘Environmental meet the definition of a small business One formal consultation was conducted Assessment, ‘‘Integrated Natural (annual sales less thant $750,000). with the Federal Aviation Resources Management Plan for the To determine if the rule would affect Administration (FAA) for the review of Maui Space Surveillance Complex,’’ and a substantial number of small entities, the ‘‘Final Environmental Impact the effects of the construction of the we consider the number of small Statement, Kahului Airport surveillance site on listed and proposed entities affected within particular types Improvements.’’ of economic activities (e.g., housing endangered and threatened species. None of these consultations affected development, grazing, oil and gas Three informal consultations were or concerned small entities. In all 16 production, timber harvesting, etc.) in conducted with Haleakala National informal consultations, we concurred this particular area/market affected by Park, regarding a collecting permit for with each agency’s determination that the regulation. We apply the two of the 60 species, Geranium the project, as proposed, was not likely ‘‘substantial number’’ test individually arboreum and Geranium multiflorum, to adversely affect listed species. For the to each industry to determine if and we reviewed the ‘‘Environmental formal consultation, we determined that certification is appropriate. In Assessment for Replacement of the the airport improvement project, which estimating the numbers of small entities Summit Comfort Station and Utilities included a mandatory state-of-the-art potentially affected, we also consider Systems’ and a park highway alien species interdiction facility, was whether their activities have any resurfacing project. One informal not likely to jeopardize listed species Federal involvement. Some kinds of consultation was conducted with the nor adversely affect designated critical activities are unlikely to have any Service’s Ecological Services Program habitat for Gouania hillebrandii on the Federal involvement, and so will not be for the effects of fencing and replanting island of Maui. In addition, only the affected by critical habitat designation. on listed endangered and threatened FAA’s proposed airport improvement The primary projects and activities species within the Auwahi Partnership project is ongoing. The FAA is not a that might be affected by the designation Project area. One informal consultation small entity. Therefore, the requirement and could affect small entities include was conducted with the Service’s to reinitiate consultation for ongoing ranching operations in Maui County. Ecological Services Program for the projects will not affect a substantial The economic analysis predicts that effects of fencing and hunting on listed number of small entities on Maui. between zero and two section 7 endangered and threatened species There has been one informal consultations will be conducted over within the Kahikinui Partnership consultation on the island of the next 10 years on ranches in Maui Project area. One informal consultation Kahoolawe. The consultation was County. The economic analysis was conducted with the Service’s conducted on behalf of the Department estimates that these consultations may Ecological Services Program, for the of the Navy for the effects of ordnance affect one to four businesses out of 170 effects of fencing and outplanting on cleanup on listed endangered and (1 to two percent) of the small listed endangered and threatened threatened species. The Department of businesses in the cattle industry in Maui species within the Puu Makua the Navy is not a small entity; therefore County. (This is an overestimate of the Partnership Project area. One informal this consultation did not affect or number of businesses potentially consultation was conducted with the concern small entities. In this case, we affected because it is based on more Service for the effects of ungulate concurred with the agency’s consultations occurring than is exclusion on listed endangered and determination that the project as currently estimated.) threatened species within the Puu proposed was not likely to adversely The entire island of Kahoolawe is Kukui Partnership Project area. One affect listed species. Although this under State ownership and within the informal consultation was conducted project is ongoing, it does not affect nor State Conservation District. The current with the Department of Defense for concern small entities, so the
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requirement to reinitiate consultation mauiensis, Sanicula purpurea, Schiedea (a) This rule will not ‘‘significantly or for ongoing projects will not affect a haleakalensis, Sesbania tomentosa, uniquely’’ affect small governments. A substantial number of small entities on Spermolepis hawaiiensis, small Government Agency Plan is not Kahoolawe. Tetramolopium capillare, required. Small governments will not be In addition, on Maui, nearly all of the Tetramolopium remyi, Vigna o- affected unless they propose an action land within the critical habitat units is wahuensis, and Zanthoxylum requiring Federal funds, permits, or unsuitable for development, land uses, hawaiiense will not have a significant other authorizations. Any such activities and activities. This is due to their economic impact on a substantial will require that the Federal agency remote locations, lack of access, and number of small entities. Therefore, a ensure that the action will not adversely rugged terrain. Approximately 86 regulatory flexibility analysis is not modify or destroy designated critical percent of this land, and all of the land required. habitat. on Kahoolawe, is within the State (b) This rule will not produce a Conservation District where State land- Small Business Regulatory Enforcement Federal mandate on State or local use controls severely limit development Fairness Act (5 U.S.C. 804(2)) governments or the private sector of and most activities, and approximately Under the Small Business Regulatory $100 million or greater in any year, that 14 percent of this land is within the Enforcement Fairness Act (5 U.S.C. 801 is, it is not a ‘‘significant regulatory State Agricultural District. et seq.), this rule is not a major rule. Our Even where the requirements of action’’ under the Unfunded Mandates detailed assessment of the economic Reform Act. The designation of critical section 7 might apply due to critical effects of this designation are described habitat, based on our experience with habitat imposes no obligations on State in the draft economic analysis, the final or local governments. section 7 consultations for all listed addendum and the supplement to the species, virtually all projects—including economic analysis. Based on the effects Takings those that, in their initial proposed identified in these documents, we In accordance with Executive Order form, would result in jeopardy or believe that this rule will not have an 12630 (‘‘Government Actions and adverse modification determinations effect on the economy of $100 million under section 7—can be implemented Interference with Constitutionally or more per year, will not cause a major successfully with, at most, the adoption Protected Private Property Rights’’), we increase in costs or prices for of reasonable and prudent alternatives. have analyzed the potential takings consumers, and will not have significant These measures by definition must be implications of designating critical adverse effects on competition, economically feasible and within the habitat for the 60 species from Maui and employment, investment, productivity, scope of authority of the Federal agency Kahoolawe in a takings implications innovation, or the ability of U.S.-based involved in the consultation. assessment. The takings implications enterprises to compete with foreign- For these reasons, we are certifying assessment concludes that this final rule based enterprises. Refer to the final that the designation of critical habitat does not pose significant takings addendum to the economic analysis for for Alectryon macrococcus, implications. Argyroxiphium sandwicense ssp. a discussion of the effects of this macrocephalum, Asplenium fragile var. determination. Federalism insulare, Bidens micrantha ssp. Executive Order 13211 In accordance with Executive Order kalealaha, Bonamia menziesii, 13132, this final rule does not have Brighamia rockii, Cenchrus On May 18, 2001, the President issued significant Federalism effects. A agrimonioides, Centaurium sebaeoides, Executive Order 13211, on regulations Federalism assessment is not required. Clermontia lindseyana, Clermontia that significantly affect energy supply, In keeping with Department of Interior oblongifolia ssp. mauiensis, Clermontia distribution, and use. Executive Order policy, we requested information from samuelii, Colubrina oppositifolia, 13211 requires agencies to prepare appropriate State agencies in Hawaii. Ctenitis squamigera, Cyanea copelandii Statements of Energy Effects when This rule imposes no regulatory ssp. haleakalaensis, Cyanea glabra, undertaking certain actions. According requirements unless an agency is Cyanea grimesiana ssp. grimesiana, to OMB, this rule is not a significant Cyanea hamatiflora ssp. hamatiflora, regulatory action under Executive Order seeking Federal funding or Cyanea lobata, Cyanea mceldowneyi, 12866, and we do not expect to authorization, so it does not have Cyrtandra munroi, Diellia erecta, significantly affect energy production Federal implications. In addition, this Diplazium molokaiense, Dubautia supply and distribution facilities rule will not have substantial direct plantaginea ssp. humilis, Flueggea because no significant energy compliance costs because many of the neowawraea, Geranium arboreum, production, supply, and distribution planned projects that could affect Geranium multiflorum, Gouania facilities are included within designated critical habitat have no Federal vitifolia, Hedyotis coriacea, Hedyotis critical habitat. Further, for the reasons involvement. mannii, Hesperomannia arbuscula, described in the economic analysis, we The designations may have some Hibiscus brackenridgei, Ischaemum do not believe that designation of benefit to these governments, in that the byrone, Isodendrion pyrifolium, critical habitat for the 60 species on areas essential to the conservation of Kanaloa kahoolawensis, Lipochaeta Maui and Kahoolawe will affect future these species are more clearly defined kamolensis, Lysimachia lydgatei, energy production. Therefore, this and the primary constituent elements of Mariscus pennatiformis, Melicope action is not a significant energy action, the habitat necessary to the survival of adscendens, Melicope balloui, Melicope and no Statement of Energy Effects is the species are specifically identified. knudsenii, Melicope mucronulata, required. While this definition and identification Melicope ovalis, Neraudia sericea, Unfunded Mandates Reform Act (2 does not alter where and what federally Nototrichium humile, Peucedanum U.S.C. 1501 et seq.) sponsored activities may occur, it may sandwicense, Phlegmariurus mannii, assist these local governments in long- Phyllostegia mannii, Phyllostegia mollis, In accordance with the Unfunded range planning, rather than waiting for Plantago princeps, Platanthera Mandates Reform Act (2 U.S.C. 1501 et case-by-case section 7 consultation to holochila, Pteris lidgatei, Remya seq.): occur.
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Civil Justice Reform with Native American Tribal Argyroxiphium sandwicense ssp. In accordance with Executive Order Governments’’ (59 FR 22951), Executive macrocephalum, Bidens micrantha ssp. 12988, the Department of the Interiors’s Order 13175, and the Department of the kalealaha, Bonamia menziesii, Office of the Solicitor has determined Interior’s manual at 512 DM 2, we Brighamia rockii, Cenchrus that this rule does not unduly burden readily acknowledge our responsibility agrimonioides, Centaurium sebaeoides, the judicial system and does meet the to communicate meaningfully with Clermontia lindseyana, Clermontia requirements of sections 3(a) and 3(b)(2) recognized Federal Tribes on a oblongifolia ssp. mauiensis, Clermontia of the Order. We have designated government-to-government basis. We samuelii, Colubrina oppositifolia, critical habitat in accordance with the have determined that there are no Tribal Cyanea copelandii ssp. haleakalaensis, provisions of the Endangered Species lands essential for the conservation of Cyanea glabra, Cyanea grimesiana ssp. Act. The rule uses standard property these 60 plant species. Therefore, grimesiana, Cyanea hamatiflora ssp. descriptions and identifies the primary designation of critical habitat for these hamatiflora, Cyanea lobata, Cyanea constituent elements within the 60 species does not involve any Tribal mceldowneyi, Cyrtandra munroi, designated areas to assist the public in lands. Dubautia plantaginea ssp. humilis, Flueggea neowawraea, Geranium understanding the habitat needs of the References Cited arboreum, Geranium multiflorum, 60 plant species from Maui and A complete list of all references cited Kahoolawe. Gouania vitifolia, Hedyotis coriacea, in this final rule is available upon Hedyotis mannii, Hesperomannia Paperwork Reduction Act of 1995 (44 request from the Pacific Islands Fish arbuscula, Hibiscus brackenridgei, U.S.C. 3501 et seq.) and Wildlife Office (see ADDRESSES Ischaemum byrone, Isodendrion section). This rule does not contain any pyrifolium, Kanaloa kahoolawensis, information collection requirements for Authors Lipochaeta kamolensis, Lysimachia lydgatei, Mariscus pennatiformis, which OMB approval under the The primary authors of this final rule Paperwork Reduction Act is required. Melicope adscendens, Melicope balloui, are staff of the Pacific Islands Fish and Melicope knudsenii, Melicope An agency may not conduct or sponsor, Wildlife Office (see ADDRESSES section). and a person is not required to respond mucronulata, Melicope ovalis, Neraudia to, a collection of information unless it List of Subjects in 50 CFR Part 17 sericea, Nototrichium humile, Peucedanum sandwicense, Phyllostegia displays a valid OMB control number. Endangered and threatened species, mannii, Phyllostegia mollis, Plantago Exports, Imports, Reporting and National Environmental Policy Act princeps, Platanthera holochila, Remya recordkeeping requirements, mauiensis, Sanicula purpurea, Schiedea We have determined that we do not Transportation. need to prepare an Environmental haleakalensis, Sesbania tomentosa, Assessment and/or an Environmental Regulation Promulgation Spermolepis hawaiiensis, Tetramolopium capillare, Impact Statement as defined by the ■ Accordingly, we hereby amend part Tetramolopium remyi, Vigna o- National Environmental Policy Act of 17, subchapter B of chapter I, title 50 of 1969 in connection with regulations wahuensis, and Zanthoxylum the Code of Federal Regulations as set hawaiiense to read as follows: and adopted pursuant to section 4(a) of the forth below: Endangered Species Act. We published ■ b. Under the table’s heading FERNS a notice outlining our reason for this PART 17—[AMENDED] AND ALLIES, by revising the entries for determination in the Federal Register Asplenium fragile var. insulare, Ctenitis on October 25, 1983 (48 FR 49244). This ■ 1. The authority citation for part 17 squamigera, Diellia erecta, Diplazium determination does not constitute a continues to read as follows: molokaiense, and Pteris lidgatei; by major Federal action significantly Authority: 16 U.S.C. 1361–1407; 16 U.S.C. removing the entry for Huperzia affecting the quality of the human 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– (=Phlegmariurus, =Lycopodium) mannii; environment. 625, 100 Stat. 3500; unless otherwise noted. and by adding an entry for ■ 2. Amend § 17.12(h), the List of Phlegmariurus (=Lycopodum, Government-to-Government Endangered and Threatened Plants, as =Huperzia) mannii to read as follows. Relationship with Tribes set forth below: In accordance with the President’s ■ a. Under the table’s heading § 17.12 Endangered and threatened plants. memorandum of April 29, 1994, FLOWERING PLANTS, by revising the * * * * * ‘‘Government-to-Government Relations entries for Alectryon macrococcus, (h) * * *
Species Historic range Family Status When Critical habitat Special Scientific name Common name listed rules
FLOWERING PLANTS ******* Alectryon macrococcus ...... Mahoe ...... U.S.A. (HI) ...... Sapindaceae ...... E 467 17.99(a)(1), (c) and NA (e)(1). ******* Argyroxiphium sandwicense ssp. Ahinahina ...... U.S.A. (HI) ...... Asteraceae ...... T 467 17.99(e)(1) ...... NA macrocephalum. ******* Bidens micrantha ssp. kalealaha ... Kookoolau ...... U.S.A. (HI) ...... Asteraceae ...... E 467 17.96(b) and NA 17.99(e)(1). ******* Bonamia menziesii ...... None ...... U.S.A. (HI) ...... Convolvulaceae ...... E 559 17.99(a)(1) and (e)(1) NA ******* Brighamia rockii ...... Pua ala ...... U.S.A. (HI) ...... Campanulaceae ...... E 480 17.99(c) and (e)(1) ..... NA ******* Cenchrus agrimonioides Kamanomano ...... U.S.A. (HI)...... Poaceae ...... E 592 17.99(e)(1)...... NA
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Species Historic range Family Status When Critical habitat Special Scientific name Common name listed rules
(=Sandbur, agrimony) ******* Centaurium sebaeoides ...... Awiwi ...... U.S.A. (HI) ...... Gentianaceae ...... E 448 17.99(a)(1), (c) and NA (e)(1). ******* Clermontia lindseyana ...... Oha wai ...... U.S.A. (HI) ...... Campanulaceae ...... E 532 17.99(e)(1) ...... NA ******* Clermontia oblongifolia ssp. Oha wai ...... U.S.A. (HI) ...... Campanulaceae ...... E 467 17.99(e)(1) ...... NA mauiensis ******* Clermontia samuelii ...... Oha wai ...... U.S.A. (HI) ...... Campanulaceae ...... E 666 17.99(e)(1) ...... NA ******* Colubrina oppositifolia ...... Kauila ...... U.S.A. (HI) ...... Rhamnaceae ...... E 532 17.99(e)(1) ...... NA ******* Cyanea copelandii ssp. Haha ...... U.S.A. (HI)...... Campanulaceae ...... E 666 17.99(e)(1)...... NA haleakalaensis ******* Cyanea glabra ...... Haha ...... U.S.A. (HI) ...... Campanulaceae ...... E 666 17.99(e)(1) ...... NA ******* Cyanea grimesiana ssp. Haha ...... U.S.A. (HI) ...... Campanulaceae ...... E 592 17.99(c) and (e)(1) ..... NA grimesiana ******* Cyanea hamatiflora ssp. Haha ...... U.S.A. (HI)...... Campanulaceae ...... E 666 17.99(e)(1)...... NA hamatiflora ******* Cyanea lobata ...... Haha ...... U.S.A. (HI) ...... Campanulaceae ...... E 467 17.99(e)(1) ...... NA ******* Cyanea mceldowneyi ...... Haha ...... U.S.A. (HI) ...... Campanulaceae ...... E 467 17.99(e)(1) ...... NA ******* Cyrtandra munroi ...... Haiwale ...... U.S.A. (HI) ...... Gesneriaceae ...... E 467 17.99(e)(1) ...... NA ******* Dubautia plantaginea ssp. humilis Naenae ...... U.S.A. (HI) ...... Asteraceae ...... E 666 17.99(e)(1) ...... NA ******* Flueggea neowawraea ...... Mehamehame ...... U.S.A. (HI) ...... Euphorbiaceae ...... E 559 17.99(a)(1), (c), and NA (e)(1). ******* Geranium arboreum ...... Hawaiian red-flowered U.S.A. (HI) ...... Geraniaceae ...... E 465 17.99(e)(1) ...... NA geranium. ******* Geranium multiflorum ...... Nohoanu ...... U.S.A. (HI) ...... Geraniaceae ...... E 467 17.99(e)(1) ...... NA ******* Gouania vitifolia ...... None ...... U.S.A. (HI) ...... Rhamnaceae ...... E 541 17.99(e)(1) ...... NA ******* Hedyotis coriacea ...... Kioele ...... U.S.A. (HI) ...... Rubiaceae ...... E 467 17.99(e)(1) ...... NA ******* Hedyotis mannii ...... Pilo ...... U.S.A. (HI) ...... Rubiaceae ...... E 480 17.99(e)(1) ...... NA ******* Hesperomannia arbuscula ...... None ...... U.S.A. (HI) ...... Asteraceae ...... E 448 17.99(e)(1) ...... NA ******* Hibiscus brackenridgei ...... Mao hau hele ...... U.S.A. (HI) ...... Malvaceae ...... E 559 17.99(c) and (e)(1) ..... NA ******* Ischaemum byrone ...... Hilo ischaemum ...... U.S.A. (HI) ...... Poaceae ...... E 532 17.99(a)(1), (c), and NA (e)(1). ******* Isodendrion pyrifolium ...... Wahine noho kula ...... U.S.A. (HI) ...... Violaceae ...... E 532 17.99(c) and (e)(1) ..... NA ******* Kanaloa kahoolawensis ...... Kohe malama malama U.S.A. (HI) ...... Fabaceae ...... E 666 17.99(e)(2) ...... NA o kanaloa. ******* Lipochaeta kamolensis ...... Nehe ...... U.S.A. (HI) ...... Asteraceae ...... E 467 17.99(e)(1) ...... NA ******* Lysimachia lydgatei ...... None ...... U.S.A. (HI) ...... Primulaceae ...... E 467 17.99(e)(1) ...... NA ******* Mariscus pennatiformis ...... None ...... U.S.A. (HI) ...... Cyperaceae ...... E 559 17.99(a)(1) and (e)(1) NA ******* Melicope adscendens ...... Alani ...... U.S.A. (HI) ...... Rutaceae ...... E 565 17.99(e)(1) ...... NA ******* Melicope balloui ...... Alani ...... U.S.A. (HI) ...... Rutaceae ...... E 565 17.99(e)(1) ...... NA ******* Melicope knudsenii ...... Alani ...... U.S.A. (HI) ...... Rutaceae ...... E 530 17.99(a)(1) and (e)(1) NA ******* Melicope mucronulata ...... Alani ...... U.S.A. (HI) ...... Rutaceae ...... E 467 17.99(c) and (e)(1) ..... NA ******* Melicope ovalis ...... Alani ...... U.S.A. (HI) ...... Rutaceae ...... E 565 17.99(e)(1) ...... NA ******* Neraudia sericea ...... None ...... U.S.A. (HI) ...... Urticaceae ...... E 559 17.99(c) and (e)(1) ..... NA ******* Nototrichium humile ...... Kului ...... U.S.A. (HI) ...... Amaranthaceae ...... E 448 17.99(e)(1) ...... NA ******* Peucedanum sandwicense ...... Makou ...... U.S.A. (HI) ...... Apiaceae ...... T 530 17.99(a)(1), (c), and NA (e)(1). ******* Phyllostegia mannii ...... None ...... U.S.A. (HI) ...... Lamiaceae ...... E 480 17.99(c) and (e)(1) ..... NA
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Species Historic range Family Status When Critical habitat Special Scientific name Common name listed rules
******* Phyllostegia mollis ...... None ...... U.S.A. (HI) ...... Lamiaceae ...... E 448 17.99(e)(1) ...... NA ******* Plantago princeps ...... Laukahi kuahiwi ...... U.S.A. (HI) ...... Plantaginaceae ...... E 559 17.99(a)(1), (c), and NA (e)(1). ******* Platanthera holochila ...... None ...... U.S.A. (HI) ...... Orchidaceae ...... E 592 17.99(a)(1) and (e)(1) NA ******* Remya mauiensis ...... Maui remya ...... U.S.A. (HI) ...... Asteraceae ...... E 413 17.99(e)(1) ...... NA ******* Sanicula purpurea ...... None ...... U.S.A. (HI) ...... Apiaceae ...... E 592 17.99(e)(1) ...... NA ******* Schiedea haleakalensis ...... None ...... U.S.A. (HI) ...... Caryophyllaceae ...... E 467 17.99(e)(1) ...... NA ******* Sesbania tomentosa ...... Ohai ...... U.S.A. (HI) ...... Fabaceae ...... E 559 17.99(a)(1), (c), and NA (e)(1). ******* Spermolepis hawaiiensis ...... None ...... U.S.A. (HI) ...... Apiaceae ...... E 559 17.99(a)(1), (c), and NA (e)(1). ******* Tetramolopium capillare ...... Pamakani ...... U.S.A. (HI) ...... Asteraceae ...... E 555 17.99(e)(1) ...... NA ******* Tetramolopium remyi ...... None ...... U.S.A. (HI) ...... Asteraceae ...... E 435 17.96(b) and NA 17.99(e)(1). ******* Vigna o-wahuensis ...... None ...... U.S.A. (HI) ...... Fabaceae ...... E 559 17.99(e)(1) ...... NA Zanthoxylum hawaiiense ...... Ae ...... U.S.A. (HI) ...... Rutaceae ...... E 532 17.99(a)(1), (c), and NA (e)(1). ******* FERNS AND ALLIES Asplenium fragile var. insulare ...... None ...... U.S.A. (HI) ...... Aspleniaceae ...... E 553 17.99(e)(1) ...... NA ******* Ctenitis squamigera ...... Pauoa ...... U.S.A. (HI) ...... Aspleniaceae ...... E 553 17.99(a)(1), (c), and NA (e)(1). ******* Diellia erecta ...... Asplenium-leaved U.S.A. (HI) ...... Aspleniaceae ...... E 559 17.99(a)(1), (c), and NA diellia. (e)(1). ******* Diplazium molokaiense ...... None ...... U.S.A. (HI) ...... Aspleniaceae ...... E 553 17.99(a)(1), (c), and NA (e)(1). ******* Phlegmariurus Wawaeiole ...... U.S.A. (HI) ...... Lycopodiaceae ...... E 467 17.99(e)(1) ...... NA (=Lycopodium,=Huperzia) mannii. ******* Pteris lidgatei ...... None ...... U.S.A. (HI) ...... Adiantaceae ...... E 553 17.99(c) and (e)(1) ..... NA
■ 3. Amend § 17.99 as set forth below: features—including but not limited to archaeological sites; airports; other ■ a. By revising the section heading to pumping stations, irrigation ditches, paved areas; and lawns and other rural read as follows: and pipelines, siphons, tunnels, water tanks, residential landscaped areas do not ■ b. By adding paragraphs (e) and (f) to gaging stations, intakes, reservoirs, contain the primary constituent read as follows: diversions, flumes, and wells; existing elements described for each species in § 17.99 Critical habitat; plants on the trails; campgrounds and their paragraph (f) of this section, except for islands of Kauai, Niihau, Molokai, Maui and immediate surrounding landscaped the elevation primary constituent Kahoolawe, HI. area; scenic lookouts; remote helicopter element, and therefore are not included * * * * * landing sites; existing fences; in the critical habitat designations. (e) Maps and critical habitat unit telecommunications towers and (1) Maui. Critical habitat units are descriptions for the islands of Maui and associated structures and equipment; described below. Coordinates in UTM Kahoolawe, HI. The following sections electrical transmission lines and Zone 4 with units in meters using North contain the legal descriptions of the distribution, and communication American Datum of 1983 (NAD83). The critical habitat units designated for the facilities and regularly maintained following map shows the general islands of Maui and Kahoolawe, HI. associated rights-of-way and access locations of the 136 critical habitat units Existing manmade features and ways; radars and telemetry antennas; designated on the island of Maui. structures within the boundaries of the missile launch sites; arboreta and mapped areas, such as buildings; roads; gardens; heiau (indigenous places of (i) Note: Map 1—Index map—follows: aqueducts and other water system worship or shrines) and other BILLING CODE 4310–55–P
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(ii) Maui 1—Centaurium sebaeoides— 752886, 2325361; 752884, 2325378; 751526, 2325562; 751530, 2325511; a (71 ha; 174 ac). 752893, 2325419; 752878, 2325426; 751525, 2325510; 751492, 2325530; (A) Unit consists of the following 93 752833, 2325446; 752831, 2325447; 751475, 2325549; 751475, 2325549; boundary points and the intermediate 752829, 2325444; 752827, 2325442; 751461, 2325680; 751461, 2325835; coastline: Start at 751112, 2326166; 752732, 2325363; 752732, 2325363; 751461, 2325837; 751461, 2325837; 754099, 2324756; 754053, 2324754; 752732, 2325363; 752725, 2325288; 751461, 2325837; 751273, 2325927; 754053, 2324754; 753973, 2324765; 752717, 2325268; 752711, 2325276; 751251, 2325921; 751218, 2325911; 753966, 2324891; 753771, 2325042; 752692, 2325301; 752671, 2325491; 751187, 2325954; 751173, 2325973; 753692, 2325076; 753669, 2325092; 752670, 2325500; 752591, 2325471; 751154, 2325968; 751123, 2325981; 753524, 2325277; 753446, 2325286; 752535, 2325474; 752535, 2325474; 751122, 2325980; 751117, 2326075; 753446, 2325286; 753388, 2325342; 752535, 2325474; 752475, 2325438; 751115, 2326111; 751112, 2326166; 753388, 2325342; 753381, 2325348; 752566, 2325581; 752580, 2325602; return to starting point. 753372, 2325347; 753367, 2325346; 752559, 2325613; 752455, 2325669; 753332, 2325352; 753325, 2325353; 752444, 2325674; 752441, 2325676; (B) Note: Map 2 follows: 753299, 2325342; 753270, 2325329; 752268, 2325670; 751992, 2325839; 753238, 2325323; 753221, 2325320; 751990, 2325840; 751898, 2325842; 753189, 2325314; 753085, 2325303; 751835, 2325769; 751804, 2325709; 753085, 2325303; 753085, 2325303; 751734, 2325826; 751730, 2325834; 753077, 2325294; 753069, 2325293; 751715, 2325826; 751714, 2325826; 752894, 2325153; 752865, 2325227; 751713, 2325825; 751653, 2325794;
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752708, 2325279; 752708, 2325280; 757700, 2319852; 757688, 2319868; 752700, 2325498; 752671, 2325491; 757645, 2319908; 757645, 2319908; 752593, 2325471; 752535, 2325474; 757626, 2319942; 757626, 2319942; 752535, 2325474; 752487, 2325446; 757371, 2320024; 757371, 2320024; 752567, 2325578; 752566, 2325581; 757333, 2320052; 757268, 2320058; 752559, 2325613; 752549, 2325657; 757266, 2320058; 757272, 2320064; 752455, 2325669; 752443, 2325670; 757278, 2320070; 757288, 2320086; 752444, 2325674; 752504, 2325951; 757296, 2320107; 757292, 2320137; 752505, 2325951; return to starting 757312, 2320161; 757387, 2320119; point. 757388, 2320120; 757892, 2319612; (B) Note: Map 3 follows: return to starting point. (B) Note: Map 4 follows:
(iii) Maui 1—Sesbania tomentosa—a (38 ha; 94 ac). (A) Unit consists of the following 54 boundary points and the intermediate coastline: Start at 752505, 2325951; 754099, 2324756; 754053, 2324754; 754053, 2324754; 753994, 2324762; 753966, 2324896; 753718, 2325117; 753656, 2325144; 753550, 2325285; 753389, 2325341; 753388, 2325342; 753384, 2325343; 753372, 2325347; 753346, 2325356; 753332, 2325352; 753332, 2325352; 753325, 2325353; 753300, 2325342; 753299, 2325342; (v) Maui 2—Brighamia rockii—b (17 753238, 2325323; 753231, 2325321; (iv) Maui 2—Brighamia rockii—a (6 ha; 42 ac). 753221, 2325320; 753036, 2325303; ha; 14 ac). (A) Unit consists of the following 47 752894, 2325153; 752865, 2325227; (A) Unit consists of the following 29 boundary points and the intermediate 752886, 2325361; 752882, 2325396; boundary points and the intermediate coastline: Start at 757133, 2322103; 752886, 2325418; 752878, 2325426; coastline: Start at 757892, 2319612; 757301, 2320290; 757290, 2320310; 752850, 2325454; 752833, 2325446; 757868, 2319613; 757861, 2319624; 757286, 2320313; 757279, 2320318; 752829, 2325444; 752753, 2325409; 757862, 2319690; 757862, 2319690; 757264, 2320330; 757264, 2320389; 752739, 2325369; 752739, 2325369; 757794, 2319720; 757771, 2319757; 757248, 2320415; 757247, 2320416; 752732, 2325363; 752730, 2325339; 757765, 2319756; 757726, 2319818; 757241, 2320425; 757211, 2320467;
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757209, 2320469; 757193, 2320485; (A) Unit consists of the following 106 757174, 2320504; 757148, 2320525; boundary points and the intermediate 757157, 2320542; 757190, 2320563; coastline: Start at 757167, 2321145; 757188, 2320568; 757183, 2320582; 758803, 2318519; 758719, 2318510; 757167, 2320630; 757140, 2320705; 758683, 2318554; 758580, 2318620; 757145, 2320746; 757139, 2320784; 758534, 2318638; 758445, 2318673; 757137, 2320794; 757102, 2320856; 758344, 2318706; 758258, 2318748; 757102, 2320918; 757125, 2321030; 758224, 2318802; 758205, 2318870; 757126, 2321037; 757127, 2321042; 758210, 2318971; 758198, 2319087; 757107, 2321136; 757104, 2321149; 758172, 2319133; 758100, 2319189; 757082, 2321207; 757031, 2321316; 758059, 2319236; 757995, 2319372; 757019, 2321449; 757019, 2321491; 758013, 2319396; 758013, 2319396; 757069, 2321583; 757108, 2321658; 758013, 2319396; 757861, 2319563; 757109, 2321661; 757127, 2321696; 757861, 2319624; 757862, 2319690; 757312, 2321727; 757278, 2321778; 757132, 2321784; 757073, 2321843; 757794, 2319720; 757771, 2319757; 757052, 2321922; 757086, 2322052; 757727, 2319831; 757700, 2319852; 757133, 2322103; 757133, 2322103; 757658, 2319885; 757645, 2319908; return to starting point. 757626, 2319942; 757371, 2320024; 757267, 2320057; 757268, 2320058; (B) Note: Map 5 follows: 757272, 2320064; 757287, 2320085; 757291, 2320139; 757294, 2320164; 757273, 2320164; 757242, 2320158; 757201, 2320133; 757176, 2320121; 757115, 2320110; 757111, 2320116; 757132, 2320151; 757173, 2320169; 757193, 2320192; 757198, 2320217; 757211, 2320231; 757274, 2320293; 757290, 2320303; 757286, 2320313; 757285, 2320316; 757279, 2320318; 757259, 2320326; 757259, 2320339; 757260, 2320395; 757247, 2320416; 757243, 2320423; 757241, 2320425; 757213, 2320452; 757209, 2320469; 757205, 2320484; 757193, 2320485; 757184, 2320485; 757169, 2320504; 757152, 2320502; 757143, 2320509; 757089, 2320510; 757068, 2320516; 757067, 2320526; 757083, 2320535; 757093, 2320554; 757100, 2320567; 757138, 2320580; 757188, 2320568; 757191, 2320567; 757183, 2320582; 757171, 2320606; 757168, 2320622; 757167, 2320630; 757156, 2320685; 757142, 2320706; 757148, 2320745; 757139, 2320784; 757136, 2320795; 757126, 2320807; 757087, 2320802; (vii) Maui 3—Brighamia rockii—c (4 757054, 2320808; 757050, 2320822; ha; 9 ac). 757051, 2320829; 757079, 2320846; (A) Unit consists of the following 31 757094, 2320878; 757098, 2320909; boundary points and the intermediate 757087, 2320942; 757083, 2320967; coastline: Start at 793379, 2311347; 757092, 2320990; 757125, 2321030; 793988, 2310722; 793937, 2310735; 757127, 2321033; 757126, 2321037; 793921, 2310750; 793918, 2310815; 757124, 2321043; 757096, 2321047; 793926, 2310829; 793943, 2310864; 757094, 2321055; 757103, 2321074; 793938, 2310875; 793940, 2310881; 757107, 2321136; 757107, 2321139; 793940, 2310881; 793940, 2310881; 757167, 2321145; return to starting 793940, 2310881; 793940, 2310881; point. 793931, 2310894; 793906, 2310935; (B) Note: Map 6 follows: 793885, 2310962; 793883, 2310973; 793856, 2311001; 793796, 2311026; 793781, 2311037; 793781, 2311037; 793768, 2311053; 793690, 2311134; 793635, 2311144; 793569, 2311152; 793544, 2311158; 793534, 2311167; 793459, 2311247; 793399, 2311287; (vi) Maui 2—Centaurium 793362, 2311345; 793379, 2311347; sebaeoides—b (27 ha; 66 ac). return to starting point.
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(B) Note: Map 7 follows:
(x) Maui 5—Brighamia rockii—e (6 (ix) Maui 4—Peucedanum ha; 15 ac). (viii) Maui 4—Brighamia rockii—d (1 sandwicense—a (1 ha; 2 ac). (A) Unit consists of the following 46 ha; 2 ac). boundary points and the intermediate (A) Unit consists of the entire offshore coastline: Start at 794814, 2310166; (A) Unit consists of the entire offshore island located at approximately: 794212, 794778, 2310176; 794770, 2310182; island located at approximately: 794212, 2310986. 794756, 2310193; 794756, 2310217; 2310986. (B) Note: Map 9 follows: 794742, 2310240; 794739, 2310261; (B) Note: Map 8 follows: 794733, 2310282; 794733, 2310282; 794733, 2310282; 794732, 2310303; 794731, 2310313; 794728, 2310324; 794728, 2310324; 794728, 2310324; 794721, 2310337; 794712, 2310344; 794707, 2310362; 794706, 2310368; 794706, 2310368; 794706, 2310368; 794665, 2310393; 794660, 2310404; 794652, 2310413; 794642, 2310419; 794632, 2310428; 794632, 2310428; 794629, 2310436; 794625, 2310446; 794622, 2310523; 794573, 2310595; 794492, 2310647; 794439, 2310671; 794411, 2310685; 794335, 2310724; 794326, 2310728; 794266, 2310740;
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794242, 2310754; 794222, 2310764; 800138, 2306094; 800138, 2306094; 801320, 2305260; 801117, 2305232; 794210, 2310773; 794177, 2310772; 800060, 2306148; 800001, 2306188; 801067, 2305263; 801048, 2305275; 794066, 2310705; 794050, 2310688; 800001, 2306188; 799917, 2306240; 800896, 2305373; 800734, 2305390; 794040, 2310715; 794043, 2310738; 799879, 2306263; 799874, 2306386; 800586, 2305288; 800517, 2305297; 794043, 2310738; return to starting 799796, 2306425; 799795, 2306425; 800517, 2305297; 800481, 2305305; point. 799795, 2306425; 799795, 2306425; 800481, 2305305; 800289, 2305482; (B) Note: Map 10 follows: 799822, 2306499; return to starting 800265, 2305505; 800171, 2305595; point. 800159, 2305694; 800150, 2305769; (B) Note: Map 11 follows: 800147, 2305842; 800147, 2305843; 800171, 2305927; 800190, 2305990; 800156, 2306059; 800136, 2306101; 800060, 2306148; 800060, 2306148; 800001, 2306188; 799917, 2306240; 799917, 2306240; 799886, 2306262; 799874, 2306391; 799795, 2306425; 799789, 2306428; 799723, 2306527; 799721, 2306530; 799656, 2306630; return to starting point. (B) Note: Map 12 follows:
(xi) Maui 6—Ischaemum byrone—a (17 ha; 43 ac). (A) Unit consists of the following 34 boundary points and the intermediate coastline: Start at 799822, 2306499; (xii) Maui 6—Mariscus 801132, 2305284; 801131, 2305234; pennatiformis—a (30 ha; 75 ac). 801117, 2305232; 801048, 2305275; (A) Unit consists of the following 47 800891, 2305373; 800731, 2305387; boundary points and the intermediate 800581, 2305284; 800517, 2305297; coastline: Start at 799656, 2306630; 800481, 2305305; 800472, 2305307; 799606, 2306800; 799516, 2306902; 800472, 2305307; 800265, 2305505; 799516, 2306902; 801972, 2305512; 800166, 2305599; 800166, 2305599; 801972, 2305512; 801981, 2305435; 800166, 2305599; 800159, 2305694; 801840, 2305416; 801825, 2305385; 800147, 2305843; 800147, 2305849; 801734, 2305421; 801628, 2305464; 800147, 2305849; 800190, 2305990; 801558, 2305455; 801466, 2305444;
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(xiii) Maui 7—Ischaemum byrone—b 2304072; 786138, 2304072; 785730, 2303678; 784487, 2303704; 784079, (11 ha; 27 ac). 2304957; 785457, 2305842; return to 2304760; 784008, 2305132; 783955, (A) Unit consists of the following 15 starting point. 2305292; return to starting point. boundary points and the intermediate (B) Note: Map 14 follows: coastline: Start at 811597, 2302341; (B) Note: Map 15 follows: 811983, 2301617; 811982, 2301617; 811936, 2301585; 811916, 2301671; 811945, 2301774; 812026, 2301885; 812133, 2301927; 812193, 2301995; 812092, 2302061; 811938, 2302135; 811849, 2302164; 811717, 2302172; 811546, 2302307; 811597, 2302341; return to starting point.; return to starting point. (B) Note: Map 13 follows:
(xv) Maui 8—Cyanea glabra—a (450 (xvi) Maui 8—Cyanea hamatiflora ha; 1,112 ac). ssp. hamatiflora—a (611 ha; 1,509 ac). (A) Unit consists of the following 29 (A) Unit consists of the following 17 boundary points: Start at 783933, boundary points: Start at 789198, 2305472; 783933, 2305473; 783961, 2305890; 789215, 2305911; 789515, 2305480; 784075, 2305511; 784100, 2306162; 790281, 2306097; 790352, 2305536; 784575, 2306024; 784578, 2305511; 790360, 2305448; 790364, 2306020; 786938, 2302713; 786676, 2305412; 790482, 2304451; 789577, 2302611; 786661, 2302613; 786491, 2302791; 789530, 2302705; 789179, (xiv) Maui 8—Cyanea copelandii ssp. 2302633; 786339, 2302653; 786280, 2302726; 788179, 2302942; 788149, haleakalaensis—a (501 ha; 1,238 ac). 2302660; 786106, 2302680; 786032, 2302948; 787716, 2303565; 788077, (A) Unit consists of the following 10 2302690; 785884, 2302707; 785796, 2303893; 788127, 2304437; 788521, boundary points: Start at 787682, 2302718; 785680, 2302732; 785510, 2305059; return to starting point. 2306203; 787708, 2306208; 787902, 2302753; 785357, 2302772; 785246, 2306166; 787967, 2306151; 788003, 2302785; 785242, 2302786; 785188, (B) Note: Map 16 follows: 2306143; 788005, 2306134; 788521, 2302835; 784760, 2303276; 784660,
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2303538; 787076, 2303479; 786758, 2300577; 790858, 2300440; 790545, 2303386; 786339, 2303226; 786095, 2300227; 790534, 2300210; 790469, 2303051; 785740, 2302863; 785554, 2300111; 790425, 2300143; 790396, 2302748; 785510, 2302753; 785357, 2300164; 790270, 2300253; 790224, 2302772; 785246, 2302785; 785206, 2300285; 790198, 2300304; 790089, 2302791; 785067, 2302898; 784947, 2300382; 790055, 2300406; 790028, 2303017; 784875, 2303047; 784803, 2300425; 789912, 2300508; 789880, 2303101; 784660, 2303678; 784551, 2300531; 789749, 2300625; 789706, 2303694; 783794, 2305326; 784087, 2300655; 789647, 2300697; 789572, 2305516; 784183, 2305615; return to 2300752; 789531, 2300780; 789502, starting point. 2300802; 789471, 2300823; 789458, (B) Note: Map 17 follows: 2300832; 789393, 2300880; 789355, 2300906; 789339, 2300917; 789210, 2301009; 789182, 2301030; 789152, 2301051; 789038, 2301132; 789009, 2301153; 788981, 2301173; 788864, 2301257; 788834, 2301279; 788804, 2301301; 788692, 2301381; 788635, 2301422; 788527, 2301498; 788489, 2301526; 788434, 2301565; 788343, 2301629; 788313, 2301650; 788288, 2301668; 788190, 2301738; 788141, 2301774; 788117, 2301792; 787998, 2301875; 787965, 2301899; 787938, 2301919; 787838, 2301989; 787796, 2302020; 787771, 2302038; 787661, 2302116; 787622, 2302144; 787597, 2302162; 787492, 2302236; 787423, 2302286; 787307, 2302369; 787253, 2302408; 787141, 2302489; 787105, 2302512; 787079, 2302531; 787026, 2302568; 787026, 2302569; 786951, 2302579; 786738, 2302604; 786661, 2302613; 786491, 2302633; 786339, 2302653; 786280, 2302660; 786106, 2302680; 786032, 2302690; 785884, 2302707; 785796, 2302718; 785680, 2302732; 785510, 2302753; 785504, 2302754; 785239, 2303033; 785221, 2303039; 785230, 2303043; 785221, 2303052; 785248, 2303050; 787496, 2303927; return to starting point. (B) Note: Map 18 follows:
(xvii) Maui 8—Cyanea mceldowneyi—a (2,127 ha; 5,256 ac). (A) Unit consists of the following 56 boundary points: Start at 784578, 2306020; 784691, 2306136; 785400, 2306325; 785976, 2306411; 786598, 2306408; 786651, 2306403; 786837, 2306385; 787682, 2306203; 788005, 2306134; 789162, 2305885; 789198, 2305890; 789297, 2305904; 789492, 2305870; 790364, 2305412; 791696, 2304712; 791696, 2304710; 791671, 2304359; 791781, 2304297; 791780, 2304294; 791653, 2304101; 791627, 2303742; 791158, 2303230; 791158, (xviii) Maui 8—Diplazium 2302616; 791149, 2302250; 791407, molokaiense—a (574 ha; 1,419 ac). 2301760; 791550, 2301582; 790766, (A) Unit consists of the following 91 2302188; 790511, 2302348; 790503, boundary points: Start at 788179, 2302354; 790502, 2302354; 790198, 2302942; 788284, 2302790; 788714, 2302345; 790198, 2302344; 789827, 2302383; 789527, 2301802; 789911, 2302625; 788750, 2303441; 788540, 2301569; 789906, 2301556; 791083, 2303493; 788181, 2303547; 787765, 2300859; 791083, 2300858; 791164,
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2302911; 787513, 2302859; 787634, 2302639; 787702, 2302252; 787717, 2302148; 787677, 2302105; return to starting point. (B) Note: Map 20 follows:
(xix) Maui 8—Geranium multiflorum—a (46 ha; 113 ac). (xx) Maui 8—Melicope balloui—a (151 ha; 374 ac). (A) Unit consists of the following 32 (A) Unit consists of the following 42 boundary points: Start at 790534, boundary points: Start at 787661, 2300210; 790525, 2300071; 790425, 2302116; 787622, 2302144; 787597, 2300143; 790396, 2300164; 790270, 2302162; 787492, 2302236; 787423, 2300253; 790224, 2300285; 790198, 2302286; 787307, 2302369; 787253, 2300304; 790089, 2300382; 790055, 2302408; 787141, 2302489; 787105, 2300406; 790028, 2300425; 789912, 2302512; 787079, 2302531; 787026, (xxi) Maui 8—Phlegmariurus 2300508; 789880, 2300531; 789749, 2302568; 787026, 2302569; 786951, mannii—a (221 ha; 547 ac). 2300625; 789706, 2300655; 789647, 2302579; 786738, 2302604; 786661, (A) Unit consists of the following 28 2300697; 789572, 2300752; 789531, 2302613; 786491, 2302633; 786339, boundary points: Start at 787622, 2300780; 789502, 2300802; 789466, 2302653; 786280, 2302660; 786106, 2302144; 787597, 2302162; 787492, 2300826; 789393, 2300880; 789355, 2302680; 786032, 2302690; 785884, 2302236; 787423, 2302286; 787307, 2300906; 789339, 2300917; 789210, 2302707; 785796, 2302718; 785680, 2302369; 787253, 2302408; 787141, 2301009; 789182, 2301030; 789152, 2302732; 785510, 2302753; 785357, 2302489; 787105, 2302512; 787079, 2301051; 789038, 2301132; 789009, 2302772; 785248, 2302785; 785306, 2302531; 787026, 2302568; 787026, 2301153; 788981, 2301173; 788881, 2302888; 785406, 2302943; 785630, 2302569; 786951, 2302579; 786738, 2301245; 789034, 2301393; 790128, 2303011; 785923, 2303157; 786143, 2302604; 786661, 2302613; 786491, 2300638; 790551, 2300470; return to 2303330; 786357, 2303424; 786541, 2302633; 786339, 2302653; 786280, starting point. 2303481; 786781, 2303481; 787100, 2302660; 786106, 2302680; 786032, (B) Note: Map 19 follows: 2303408; 787288, 2303230; 787513, 2302690; 785884, 2302707; 785796,
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2302718; 785680, 2302732; 785510, 2303032; 790324, 2302870; 790294, 2302753; 785414, 2302765; 785047, 2302671; 790206, 2302365; return to 2303112; 787157, 2303805; 787966, starting point. 2302253; 787643, 2302129; return to (B) Note: Map 22 follows: starting point. (B) Note: Map 21 follows:
(xxiv) Maui 8—Zanthoxylum hawaiiense—a (362 ha; 895 ac) (A) Unit consists of the following 24 boundary points: Start at 783221, (xxiii) Maui 8—Phyllostegia mollis—a 2305104; 783425, 2305329; 783765, (128 ha; 316 ac). 2305418; 783933, 2305472; 783961, (xxii) Maui 8—Phyllostegia mannii— 2305480; 783967, 2305482; 784075, a (570 ha; 1,407 ac). (A) Unit consists of the following 20 boundary points: Start at 785938, 2305511; 784083, 2305519; 784480, (A) Unit consists of the following 26 2305646; 784882, 2305244; 785713, boundary points: Start at 789827, 2302701; 785884, 2302707; 785796, 2303193; 785079, 2302889; 785056, 2302625; 789610, 2302774; 789577, 2302718; 785680, 2302732; 785510, 2302911; 784947, 2303017; 784803, 2302791; 788148, 2303539; 787484, 2302753; 785357, 2302772; 785247, 2303101; 784660, 2303678; 783584, 2303692; 786396, 2303777; 785739, 2302785; 785274, 2302870; 785281, 2304188; 785794, 2304239; 785860, 2302986; 784974, 2303191; 784840, 2303838; 783583, 2303838; 783559, 2304480; 785944, 2304792; 786485, 2303242; 784725, 2303477; 785401, 2304310; 783487, 2304405; 783488, 2304912; 787026, 2304936; 787302, 2303682; 785589, 2303726; 785845, 2304406; 783486, 2304406; 783228, 2305014; 787488, 2305093; 787615, 2303639; 786322, 2303224; 786467, 2304747; 783196, 2305076; return to 2305093; 788065, 2304906; 788906, 2303065; 786660, 2302911; 786775, starting point. 2304672; 789100, 2304588; 789615, 2302757; 786962, 2302596; return to (B) Note: Map 24 follows: 2304203; 789825, 2303873; 790084, starting point. 2303525; 790288, 2303290; 790396, (B) Note: Map 23 follows:
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(xxv) Maui 9—Alectryon 2285614; 784385, 2285911; 786496, macrococcus—a (1,893 ha; 4,678 ac). 2286367; return to starting point. (A) Unit consists of the following 87 (B) Note: Map 25 follows: boundary points: Start at 787503, 2286804; 787552, 2286825; 787793, 2286254; 787882, 2286300; 787924, 2286322; 787969, 2285836; 787982, 2285645; 788112, 2285409; 788112, 2285408; 788269, 2285261; 788387, 2285086; 788485, 2284821; 788486, 2284815; 788116, 2284626; 788115, 2284625; 786708, 2284032; 786514, 2283946; 786511, 2283963; 786509, 2283964; 786072, 2283891; 786071, 2283889; 786091, 2283757; 785721, 2283591; 782955, 2282353; 782675, 2282228; 779507, 2281898; 779470, 2281894; 779468, 2281911; 779453, 2282018; 779433, 2282157; 779422, 2282233; 779414, 2282298; 779404, 2282370; 779384, 2282500; 779372, 2282586; 779369, 2282603; 779370, 2282710; 779372, 2282813; 779377, 2282926; 779379, 2283091; 779379, 2283156; 779384, 2283260; 779385, 2283362; 779386, 2283461; 779389, 2283570; 779391, 2283672; 779394, 2283769; 779397, 2283875; 779398, 2283992; 779401, 2284094; 779401, 2284203; 779403, 2284241; 779406, 2284322; 779413, 2284560; 779419, 2284768; 779424, 2284997; 779552, 2285008; 780605, 2285094; 781897, 2285373; 781955, 2285060; 781922, 2284849; 781966, 2284605; 781901, 2284319; 782031, 2283673; 782383, 2282985; 782730, 2282341; 782731, 2282340; 783230, 2282513; 783231, 2282514; 783231, 2282515; 783112, 2282851; 782588, 2283565; 782997, 2283742; 783717, 2283910; 784941, 2284105; 784942, 2284105; 784943, 2284107; 784824, 2284610; 785088, 2284723; 785089, 2284725; 785013, 2285109; 785013, 2285110; 784720, 2285273; 784639, 2285527; 784482,
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(xxvi) Maui 9—Argyroxiphium 2295233; 785995, 2295220; 786007, 2294923; 786464, 2294895; 786474, sandwicense ssp. macrocephalum—a 2295211; 786012, 2295208; 786032, 2294887; 786483, 2294882; 786493, (9,041 ha; 22,340 ac). 2295194; 786034, 2295193; 786047, 2294875; 786507, 2294865; 786518, (A) Unit consists of the following 159 2295183; 786054, 2295179; 786071, 2294857; 786525, 2294853; 786537, boundary points: Start at 778986, 2295167; 786099, 2295147; 786102, 2294844; 786558, 2294830; 786582, 2288684; 778989, 2288687; 779048, 2295145; 786104, 2295144; 786108, 2294813; 786597, 2294803; 786600, 2288746; 779070, 2288768; 780400, 2295141; 786113, 2295137; 786127, 2294801; 786616, 2294789; 786634, 2290082; 780392, 2290088; 780380, 2295127; 786136, 2295121; 786146, 2294777; 786668, 2294753; 786701, 2290097; 781358, 2291060; 781772, 2295115; 786153, 2295110; 786155, 2294730; 786716, 2294721; 786759, 2291467; 783957, 2293620; 784132, 2295108; 786173, 2295096; 786193, 2294691; 786775, 2294680; 786777, 2293514; 784471, 2294125; 785753, 2295082; 786225, 2295060; 786238, 2294679; 786791, 2294668; 786810, 2295387; 785766, 2295377; 785773, 2295051; 786290, 2295015; 786293, 2294655; 786824, 2294646; 786843, 2295373; 785784, 2295366; 785798, 2295013; 786317, 2294997; 786332, 2294633; 786895, 2294597; 786905, 2295356; 785812, 2295346; 785831, 2294986; 786344, 2294978; 786351, 2294591; 786915, 2294583; 786917, 2295333; 785843, 2295325; 785871, 2294973; 786354, 2294971; 786363, 2294582; 786938, 2294566; 786957, 2295305; 785887, 2295294; 785904, 2294965; 786368, 2294961; 786378, 2294554; 786990, 2294532; 787001, 2295283; 785906, 2295281; 785922, 2294954; 786390, 2294945; 786395, 2294523; 787015, 2294513; 787022, 2295270; 785931, 2295264; 785949, 2294943; 786413, 2294930; 786415, 2294508; 787024, 2294508; 787025, 2295252; 785962, 2295242; 785975, 2294929; 786420, 2294926; 786424, 2294508; 787038, 2294530; 787082,
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2294593; 786188, 2295812; 788190, 2295906; 797569, 2295864; 797581, 2292207; 785308, 2292250; 785341, 2297786; 788404, 2297994; 788742, 2295638; 797634, 2295413; 798056, 2292265; 785383, 2292282; 785501, 2298301; 788752, 2298310; 788754, 2292032; 798056, 2292031; 798107, 2292330; 785537, 2292346; 785576, 2298309; 788785, 2298291; 788906, 2291624; 798165, 2291162; 796929, 2292362; 785614, 2292410; 785643, 2298219; 788934, 2298204; 788940, 2290891; 796545, 2290807; 795794, 2292390; 785674, 2292428; 785689, 2298201; 788942, 2298200; 788965, 2290643; 795424, 2290939; 795382, 2292448; 785732, 2292503; 785780, 2298185; 789012, 2298158; 789034, 2290933; 789630, 2290134; 789516, 2292466; 785847, 2292414; 785871, 2298146; 789372, 2297947; 789683, 2290615; 789343, 2291348; 787469, 2292394; 785930, 2292350; 785942, 2297771; 789712, 2297753; 789756, 2291492; 786812, 2289742; 778932, 2292341; 785983, 2292310; 785993, 2297728; 789999, 2297585; 790577, 2288646; return to starting point. 2292302; 786016, 2292284; 786041, 2297304; 790826, 2297180; 791591, (B) Excluding the area bounded by the 2292263; 786107, 2292213; 786138, 2296795; 794000, 2295593; 795810, following 42 boundary points (76ha; 2292189; 786181, 2292155; 786209, 2295621; 795945, 2295623; 796322, 189ac): 2292133; 786238, 2292111; 786263, 2295627; 796366, 2295628; 796367, Start at 784680, 2291987; 784747, 2292091; 785264, 2291677; 784769, 2295628; 796710, 2295632; 796712, 2292015; 784786, 2292031; 784910, 2291468; 784742, 2291524; 784703, 2295633; 796712, 2295635; 796322, 2292083; 784946, 2292099; 784984, 2291618; 784568, 2291939; 784568, 2295917; 796064, 2296102; 795805, 2292116; 785051, 2292143; 785110, 2291941; return to starting point. 2296286; 795433, 2296550; 797565, 2292167; 785146, 2292182; 785204, (C) Note: Map 26 follows:
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(xxvii) Maui 9—Asplenium fragile 2297681; 789867, 2297664; 789901, 2296068; 793155, 2296026; 793157, var. insulare—a (362 ha; 894 ac). 2297645; 789955, 2297614; 790033, 2295951; 793118, 2295890; 792901, (A) Unit consists of the following 74 2297574; 790061, 2297560; 790093, 2295834; 792611, 2295823; 792304, boundary points: Start at 788543, 2297545; 790216, 2297485; 790249, 2295750; 791909, 2295901; 791480, 2298123; 788563, 2298140; 788600, 2297467; 790279, 2297452; 790304, 2296046; 791067, 2296068; 790755, 2298173; 788754, 2298309; 788785, 2297441; 790412, 2297387; 790443, 2296079; 790543, 2296118; 789819, 2298291; 788906, 2298219; 788934, 2297372; 790472, 2297357; 790581, 2296246; 789629, 2296452; 789535, 2298204; 788942, 2298200; 788965, 2297304; 790638, 2297276; 790666, 2296731; 789485, 2296976; 789512, 2298185; 789012, 2298158; 789097, 2297261; 790719, 2297235; 790800, 2297221; 789514, 2297223; 789451, 2298111; 789125, 2298094; 789154, 2297196; 790831, 2297181; 790865, 2297316; 789306, 2297478; 789212, 2298077; 789279, 2298004; 789310, 2297600; 789145, 2297717; 788799, 2297986; 789342, 2297969; 789450, 2297163; 790992, 2297102; 791409, 2297905; 789495, 2297879; 789521, 2296895; 791824, 2296689; 792240, 2298069; 788554, 2298124; return to 2297863; 789656, 2297787; 789683, 2296482; 792444, 2296380; 792449, starting point. 2297771; 789712, 2297753; 789841, 2296378; 792655, 2296275; 793070, (B) Note: Map 27 follows:
(xxviii) Maui 9—Bidens micrantha (A) Unit consists of the following 16 2290807; 796545, 2290801; 796458, ssp. kalealaha—a (1,563 ha; 3,861 ac). boundary points: Start at 796545, 2289725; 796454, 2289679; 796453,
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2289665; 794502, 2289839; 794488, 2290615; 790559, 2290844; 791422, 2292372; 796609, 2291606; return to 2289840; 794474, 2289837; 791519, 2291618; 791566, 2291747; 794576, starting point. 2289316; 789966, 2288718; 789516, (B) Note: Map 28 follows:
(xxix) Maui 9—Bidens micrantha ssp. 2289205; 780627, 2289332; 782572, 2286290; 781485, 2286623; 781454, kalealaha—b (2,116 ha; 5,229 ac). 2289555; 786928, 2290052; 786812, 2286686; 779524, 2286194; 779600, (A) Unit consists of the following 18 2289742; 786580, 2289125; 786747, 2288162; 778935, 2288132; return to boundary points: Start at 779048, 2288730; 787145, 2287787; 782967, starting point. 2288746; 779070, 2288768; 779512, 2286486; 782162, 2286366; 781652, (B) Note: Map 29 follows:
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(xxx) Maui 9—Clermontia (A) Unit consists of the following 5 2286762; 785851, 2288424; 786721, lindseyana—a (177 ha; 438 ac). boundary points: Start at 787444, 2288791; return to starting point. 2287080; 787071, 2286938; 786501, (B) Note: Map 30 follows:
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(xxxi) Maui 9—Clermontia 2288817; 777561, 2288580; 777275, 2288237; 776979, 2288341; 777002, lindseyana—b (60 ha; 148 ac). 2288186; 777275, 2287757; 777159, 2288401; 777006, 2288411; 777006, (A) Unit consists of the following 25 2287487; 776983, 2287585; 776726, 2288412; 777006, 2288413; 777005, boundary points: Start at 776854, 2287694; 776756, 2287770; 776817, 2288413; 777005, 2288414; 776698, 2288875; 776854, 2288876; 776882, 2287928; 776860, 2288037; 776871, 2288553; return to starting point. 2288864; 776920, 2288848; 776994, 2288068; 776895, 2288122; 776938, (B) Note: Map 31 follows:
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(xxxii) Maui 9—Clermontia 2295672; 800982, 2295684; 801296, 2294225; 801796, 2294569; 801346, samuelii—a (3,130 ha; 7,734 ac). 2295688; 801297, 2295688; 801369, 2294743; 801340, 2294745; 800636, (A) Unit consists of the following 27 2295851; 802993, 2299556; 806459, 2295040; 800633, 2295036; 800632, boundary points: Start at 799099, 2298838; 807604, 2297939; 808913, 2295034; 800624, 2295037; 800620, 2295658; 799092, 2295661; 799244, 2296912; 805091, 2293218; 805090, 2295038; return to starting point. 2295662; 799663, 2295668; 800082, 2293218; 801679, 2294214; 801640, 2295673; 800414, 2295677; 800379, (B) Note: Map 32 follows:
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(xiii) Maui 9—Cyanea copelandii ssp. 2291183; 804741, 2291728; 804610, 2292647; 801699, 2293766; 802359, haleakalaensis—b (1,709 ha; 4,224 ac). 2289526; 804598, 2289317; 803684, 2294139; 802646, 2294024; 802761, (A) Unit consists of the following 21 2289877; 803296, 2290115; 802589, 2293680; 802962, 2293852; 803432, boundary points: Start at 805053, 2290350; 802215, 2290953; 801641, 2294063; return to starting point. 2293180; 806644, 2292314; 808301, 2291671; 801871, 2292015; 801641, 2291412; 806062, 2289747; 805115, (B) Note: Map 33 follows:
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(xxxiv) Maui 9—Cyanea glabra—b 2293361; 803713, 2293247; 803425, 2291560; 801637, 2291660; 801550, (650 ha; 1,605 ac). 2292852; 803318, 2292564; 803312, 2291788; 801544, 2291848; 801604, (A) Unit consists of the following 50 2292196; 803372, 2292055; 803713, 2291955; 801611, 2292069; 801517, boundary points: Start at 801146, 2291855; 803988, 2291687; 804008, 2292370; 801497, 2292538; 801443, 2294134; 801147, 2294134; 801185, 2291560; 803894, 2291480; 803680, 2292638; 801330, 2292757; 801229, 2294156; 801306, 2294225; 801376, 2291366; 803486, 2291265; 803305, 2292846; 801175, 2293006; 801182, 2294265; 801594, 2294228; 801679, 2291078; 803044, 2290763; 802850, 2293134; 801242, 2293401; 801142, 2294214; 801771, 2294198; 802073, 2290709; 802722, 2290743; 802542, 2293689; 801062, 2294018; return to 2294198; 802434, 2294198; 802655, 2290884; 802227, 2291017; 801979, starting point. 2294131; 802883, 2293924; 803365, 2291212; 801832, 2291439; 801745, 2293596; 803600, 2293468; 803707, (B) Note: Map 34 follows:
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(xxxv) Maui 9—Cyanea glabra—c 2293276; 804024, 2293342; 803964, 2295538; 805534, 2295460; 805587, (363 ha; 898 ac). 2293634; 803917, 2293843; 803988, 2295365; 805695, 2295150; 805933, (A) Unit consists of the following 38 2293950; 804084, 2294076; 804245, 2294828; 806166, 2294684; 806184, boundary points: Start at 805090, 2294261; 804298, 2294398; 804245, 2294631; 806178, 2294595; 805981, 2293218; 805068, 2293196; 805053, 2294571; 804191, 2294750; 804215, 2294362; 805677, 2294016; 805480, 2293181; 805053, 2293180; 804943, 2295007; 804304, 2295144; 804489, 2293718; 805188, 2293318; return to 2293067; 804871, 2293032; 804680, 2295275; 804573, 2295394; 804650, starting point. 2293002; 804400, 2293049; 804298, 2295454; 804895, 2295550; 805367, 2293049; 804161, 2293121; 804036, (B) Note: Map 35 follows:
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(xxxvi) Maui 9—Cyanea hamatiflora 2293299; 803340, 2292930; 803288, 2289728; 799006, 2289910; 801285, ssp. hamatiflora—b (1,309 ha; 3,235 ac). 2292113; 803657, 2291823; 804421, 2290452; 801917, 2291085; 801678, (A) Unit consists of the following 34 2291454; 804289, 2291058; 803920, 2291389; 801153, 2292060; 800860, boundary points: Start at 801996, 2290900; 803077, 2290716; 803548, 2293524; 801185, 2294156; 801306, 2294274; 803261, 2294116; 805475, 2289729; 803114, 2290141; 801935, 2294225; 801759, 2294089; return to 2292702; 805159, 2292328; 804474, 2289265; 800788, 2289185; 800516, starting point. 2292692; 804184, 2292587; 803762, 2289662; 800342, 2289966; 799912, 2292824; 803635, 2293097; 803235, 2289966; 799418, 2289552; 799034, (B) Note: Map 36 follows:
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(xxxvii) Maui 9—Diellia erecta—a (2 2288562; 776714, 2288648; 776729, 2288598; 776823, 2288519; 776820, ha; 5 ac). 2288680; 776747, 2288719; 776756, 2288498; return to starting point. (A) Unit consists of the following 9 2288719; 776808, 2288717; 776832, (B) Note: Map 37 follows: boundary points: Start at 776678,
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(xxxviii) Maui 9—Diellia erecta—b 2287564; 787475, 2287007; 786302, 2287902; 785806, 2287916; 786914, (175 ha; 431 ac). 2286613; 785862, 2287663; 785861, 2288334; return to starting point. (A) Unit consists of the following 9 2287662; 785789, 2287851; 785769, (B) Note: Map 38 follows: boundary points: Start at 787240,
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(xxxix) Maui 9—Diplazium (A) Unit consists of the following 4 2288730; 787339, 2287329; return to molokaiense—b (162 ha; 401 ac). boundary points: Start at 786149, starting point. 2287088; 785806, 2288547; 786747, (B) Note: Map 39 follows:
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(xl) Maui 9—Flueggea neowawraea— 2283357; 781056, 2283374; 781342, 2282863; 780388, 2282689; return to a (52 ha; 128 ac). 2282594; 781160, 2282542; 781012, starting point. (A) Unit consists of the following 6 (B) Note: Map 40 follows: boundary points: Start at 780345,
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(xli) Maui 9—Geranium arboreum—a 2286118; 779447, 2286148; 779449, 2287528; 778072, 2287490; 778051, (731 ha; 1,805 ac). 2286273; 779451, 2286428; 779453, 2287458; 778008, 2287395; 777941, (A) Unit consists of the following 78 2286528; 779457, 2286767; 779463, 2287295; 777929, 2287273; 777926, boundary points: Start at 776678, 2287069; 779466, 2287187; 779469, 2287268; 777872, 2287190; 777820, 2288562; 776714, 2288648; 776729, 2287405; 779474, 2287664; 779478, 2287111; 777670, 2287202; 777221, 2288680; 776769, 2288768; 776801, 2287896; 779480, 2288005; 779481, 2287452; 776983, 2287585; 776726, 2288841; 776816, 2288873; 776823, 2288094; 779481, 2288097; 779480, 2287694; 776756, 2287770; 776817, 2288888; 776854, 2288875; 776994, 2288099; 779379, 2288090; 779098, 2287928; 776860, 2288037; 776871, 2288817; 777437, 2288634; 777736, 2288064; 778964, 2288051; 778864, 2288068; 776895, 2288122; 776938, 2288504; 777822, 2288467; 778221, 2288041; 778675, 2288023; 778485, 2288237; 776979, 2288341; 777002, 2288151; 778821, 2288569; 778986, 2288006; 778407, 2287998; 778397, 2288401; 777006, 2288411; 777006, 2288684; 779630, 2288318; 780757, 2287997; 778396, 2287997; 778295, 2288412; 777006, 2288413; 777005, 2288633; 782012, 2288542; 781788, 2287839; 778290, 2287830; 778201, 2288413; 777005, 2288414; return to 2286699; 781485, 2286623; 779450, 2287689; 778141, 2287597; 778127, starting point. 2286115; 779447, 2286116; 779447, 2287576; 778122, 2287567; 778097, (B) Note: Map 41 follows:
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(xlii) Maui 9—Geranium 2297574; 790061, 2297560; 790093, 2295755; 794013, 2295601; 794376, multiflorum—b (4,817 ha; 11,903 ac). 2297545; 790216, 2297485; 790249, 2295605; 794739, 2295608; 795102, (A) Unit consists of the following 155 2297467; 790279, 2297452; 790304, 2295612; 795523, 2295618; 795945, boundary points: Start at 788163, 2297441; 790412, 2297387; 790443, 2295623; 796322, 2295627; 796366, 2297782; 788209, 2297823; 788474, 2297372; 790472, 2297357; 790581, 2295628; 796367, 2295628; 796710, 2298061; 788549, 2298128; 788563, 2297304; 790633, 2297278; 790637, 2295632; 796712, 2295633; 796712, 2298140; 788752, 2298310; 788754, 2297277; 790638, 2297276; 790666, 2295635; 796322, 2295917; 796064, 2298309; 788785, 2298291; 788906, 2297261; 790712, 2297238; 790778, 2296102; 795805, 2296286; 795412, 2298219; 788934, 2298204; 788940, 2297205; 790851, 2297171; 790865, 2296565; 794929, 2296911; 794586, 2298201; 788945, 2298198; 788965, 2297163; 790992, 2297102; 791049, 2297162; 794089, 2297517; 793843, 2298185; 789012, 2298158; 789097, 2297073; 791253, 2296971; 791748, 2297693; 793840, 2297695; 793717, 2298111; 789125, 2298094; 789154, 2296726; 792093, 2296555; 792239, 2297782; 793715, 2297784; 793592, 2298077; 789279, 2298004; 789310, 2296482; 792302, 2296451; 792444, 2297871; 793096, 2298227; 792850, 2297986; 789342, 2297969; 789450, 2296380; 792449, 2296378; 792490, 2298402; 792846, 2298405; 792724, 2297905; 789495, 2297879; 789521, 2296357; 792655, 2296275; 793070, 2298492; 792721, 2298494; 792661, 2297863; 789656, 2297787; 789683, 2296068; 793303, 2295953; 793307, 2298537; 792659, 2298539; 792630, 2297771; 789712, 2297753; 789841, 2295951; 793422, 2295894; 793425, 2298559; 792627, 2298561; 792614, 2297681; 789867, 2297664; 789901, 2295892; 793482, 2295864; 793485, 2298570; 792612, 2298572; 792606, 2297645; 789955, 2297614; 790033, 2295863; 793542, 2295834; 793701, 2298576; 792604, 2298578; 792602,
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2298579; 792600, 2298581; 792599, 2298361; 795561, 2297771; 797414, 2292403; 798056, 2292031; 797894, 2298581; 792395, 2298727; 792392, 2297495; 797590, 2295645; 797591, 2291841; 792958, 2292187; 790618, 2298730; 792290, 2298802; 792288, 2295643; 797602, 2295643; 797615, 2291998; 789902, 2292186; 790128, 2298804; 792238, 2298839; 792236, 2295643; 797793, 2295645; 798243, 2293507; 789788, 2294035; 788807, 2298841; 792212, 2298858; 792210, 2295649; 800429, 2295671; 801112, 2294262; 788770, 2295129; 789109, 2298860; 792199, 2298867; 792197, 2295683; 801148, 2295656; 800620, 2296601; 789675, 2297733; 789185, 2298869; 792193, 2298872; 792190, 2295038; 800619, 2295037; 799580, 2297997; return to starting point. 2298874; 792187, 2298876; 791820, 2293819; 798494, 2292544; 798490, 2299139; 792911, 2298800; 794323, 2292539; 798357, 2292680; 798374, (B) Note: Map 42 follows:
(xliii) Maui 9—Geranium (A) Unit consists of the following 4 2289775; 786580, 2289125; return to multiflorum—c (182 ha; 451 ac). boundary points: Start at 786997, starting point. 2288137; 784544, 2287319; 786824, (B) Note: Map 43 follows:
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(xliv) Maui 9—Lipochaeta 2282955; 786702, 2282956; 786655, 2281019; 784001, 2280899; 783805, kamolensis—a (1,475 ha; 3,644 ac). 2283208; 787384, 2283423; 787548, 2280811; 781021, 2279811; 780368, (A) Unit consists of the following 42 2283495; 787945, 2283669; 788905, 2279811; 780216, 2279920; 780139, boundary points: Start at 782955, 2284089; 788984, 2283995; 789152, 2280453; 780063, 2280787; 780052, 2282353; 783327, 2282400; 784164, 2283770; 789288, 2283565; 789391, 2280834; 779976, 2281160; 780031, 2282607; 784741, 2282683; 785726, 2283327; 789514, 2283129; 787773, 2281595; 780248, 2281900; 781662, 2282934; 786198, 2283073; 786228, 2282368; 786596, 2281853; 786087, 2282128; 782206, 2282259; return to 2282888; 786228, 2282887; 786230, 2281631; 786085, 2281630; 784789, starting point. 2282886; 786701, 2282954; 786702, 2281189; 784708, 2281139; 784251, (B) Note: Map 44 follows:
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(xlv) Maui 9—Melicope balloui—b 2293094; 803069, 2293173; 803087, 2291844; 803681, 2291848; 803413, (394 ha; 973 ac). 2293287; 803047, 2293446; 803047, 2291949; 803272, 2292020; 803153, (A) Unit consists of the following 45 2293538; 803140, 2293582; 803316, 2292051; 803109, 2292020; 803118, boundary points: Start at 801687, 2293437; 803545, 2293314; 803619, 2291804; 803091, 2291562; 802964, 2292860; 801740, 2293120; 801749, 2293116; 803769, 2292957; 804016, 2291430; 802770, 2291368; 802422, 2293217; 801736, 2293388; 801740, 2292781; 804266, 2292645; 804249, 2291298; 802088, 2291417; 802000, 2293476; 801793, 2293617; 801894, 2292561; 804051, 2292403; 803963, 2291518; 801758, 2292262; 801714, 2293723; 802092, 2293736; 802374, 2292244; 803945, 2292099; 803945, 2292447; return to starting point. 2293512; 802708, 2293331; 802840, 2291945; 803928, 2291870; 803804, 2293212; 802889, 2293116; 802955, (B) Note: Map 45 follows:
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(xlvi) Maui 9—Melicope knudsenii— 2283570; 779391, 2283672; 779394, 2284385; 779408, 2284390; 779413, a (28 ha; 69 ac). 2283769; 779397, 2283858; 779397, 2284560; 779419, 2284768; 779424, (A) Unit consists of the following 26 2283869; 779397, 2283875; 779398, 2285004; 779427, 2285134; 779523, boundary points: Start at 779378, 2283992; 779401, 2284094; 779401, 2285126; 779547, 2283051; return to 2283038; 779379, 2283091; 779379, 2284203; 779403, 2284241; 779406, starting point. 2283156; 779384, 2283260; 779385, 2284322; 779408, 2284377; 779408, 2283362; 779386, 2283461; 779389, (B) Note: Map 46 follows:
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(xlvii) Maui 9—Melicope 2283260; 779385, 2283362; 779386, 2284560; 779419, 2284768; 779424, mucronulata—a (34 ha; 83 ac). 2283461; 779389, 2283570; 779391, 2285004; 779427, 2285144; 779552, (A) Unit consists of the following 23 2283672; 779394, 2283769; 779397, 2285134; 779552, 2285008; 779544, boundary points: Start at 779374, 2283875; 779398, 2283992; 779401, 2282873; return to starting point. 2282861; 779377, 2282926; 779379, 2284094; 779401, 2284203; 779403, (B) Note: Map 47 follows: 2283091; 779379, 2283156; 779384, 2284241; 779406, 2284322; 779413,
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(xlviii) Maui 9—Melicope ovalis—a 2290141; 803112, 2290139; 801383, 2292498; 804245, 2292498; 803895, (933 ha; 2,306 ac). 2291766; 801145, 2291990; 800743, 2292463; 804438, 2291482; 804352, (A) Unit consists of the following 18 2293514; 800900, 2294126; 801146, 2291008; 803667, 2290169; return to boundary points: Start at 803684, 2294134; 801147, 2294134; 801148, starting point. 2289877; 803574, 2289704; 803114, 2294134; 801758, 2294144; 804700, (B) Note: Map 48 follows:
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(xlix) Maui 9—Neraudia sericea—a 2286804; 782284, 2285907; 782162, 2288178; 787198, 2287662; 787557, (623 ha; 1,540 ac). 2286366; 782046, 2286802; 786980, 2286813; return to starting point. (A) Unit consists of the following 7 (B) Note: Map 49 follows: boundary points: Start at 787503,
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(l) Maui 9—Nototrichium humile—a 2280787; 779707, 2280753; 779507, 2281716; 781818, 2281027; 781425, (398 ha; 982 ac). 2281898; 779466, 2282131; 779455, 2280917; return to starting point. (A) Unit consists of the following 9 2282613; 781370, 2282843; 781731, (B)Note: Map 50 follows: boundary points: Start at 780063,
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(li) Maui 9—Phlegmariurus mannii— (A) Unit consists of the following 4 2287486; 786946, 2288260; return to b (383 ha; 947 ac). boundary points: Start at 787536, starting point. 2286861; 784465, 2286413; 784226, (B) Note: Map 51 follows:
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(lii) Maui 9—Phlegmariurus mannii— 2289265; 800788, 2289185; 800342, 2290346; 801831, 2290999; 802185, c (476 ha; 1,176 ac). 2289966; 799912, 2289966; 799418, 2291070; 803010, 2290064; return to (A) Unit consists of the following 12 2289552; 799083, 2289679; 799034, starting point. boundary points: Start at 801935, 2289728; 798541, 2290221; 798585, (B) Note: Map 52 follows:
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(liii) Maui 9—Phyllostegia mollis—b 2287113; 786267, 2286707; 785468, 2288163; 785507, 2288294; 786709, (508 ha; 1,256 ac) 2286458; 784537, 2286331; 784388, 2288819; return to starting point. (A) Unit consists of the following 9 2286734; 784109, 2287909; 785061, (B) Note: Map 53 follows: boundary points: Start at 787430,
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(liv) Maui 9—Plantago princeps—a 2291589; 794636, 2292209; 795824, 2290462; 795400, 2290907; 795299, (164 ha; 406 ac). 2291911; 796274, 2290033; 796133, 2291051; 795213, 2291075; 794614, (A) Unit consists of the following 13 2290112; 796008, 2290304; 795864, 2291434; return to starting point. boundary points: Start at 794508, 2290318; 795807, 2290385; 795821, (B) Note: Map 54 follows:
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(lv) Maui 9—Platanthera holochila— 2295688; 801297, 2295688; 801367, 2294991; 799557, 2294880; 799402, a (241 ha; 596 ac). 2295845; 802309, 2296025; 802197, 2294969; 798778, 2295470; 799935, (A) Unit consists of the following 18 2294658; 801820, 2294614; 801346, 2295528; 800349, 2295462; return to boundary points: Start at 800379, 2294743; 801343, 2294744; 800511, starting point. 2295672; 800982, 2295684; 801296, 2295191; 800001, 2295168; 799735, (B) Note: Map 55 follows:
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(lvi) Maui 9—Schiedea (A) Unit consists of the following 4 2295251; 789089, 2295825; return to haleakalensis—a (26 ha; 64 ac). boundary points: Start at 789350, starting point. 2295087; 789223, 2294975; 788711, (B) Note: Map 56 follows:
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(lvii) Maui 9—Schiedea 2292187; 795274, 2292032; 795602, 2291863; 793984, 2292184; return to haleakalensis—b (77 ha; 189 ac). 2291475; 795788, 2291001; 795397, starting point. (A) Unit consists of the following 8 2290929; 795031, 2291796; 794146, (B) Note: Map 57 follows: boundary points: Start at 794791,
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(lviii) Maui 10—Alectryon (A) Unit consists of the following 16 2278461; 773349, 2278461; 773296, macrococcus—b (402 ha; 992 ac). boundary points: Start at 791492, 2277638; 773294, 2277610; 772830, (A) Unit consists of the following 25 2285251; 791757, 2285370; 791758, 2277758; 772830, 2277758; 772839, boundary points: Start at 790161, 2285368; 792019, 2284935; 792107, 2278087; 772691, 2278009; 772697, 2287892; 790167, 2287894; 792132, 2284459; 792107, 2284447; 792107, 2277944; 772464, 2277817; 772464, 2288649; 792550, 2288788; 792695, 2284163; 792103, 2284162; 791825, 2277818; 772464, 2277873; 772302, 2288207; 792207, 2288023; 792491, 2284087; 791831, 2284136; 791831, 2277904; 772291, 2277823; 772291, 2286865; 792021, 2286624; 791018, 2284137; 791825, 2284347; 791825, 2277823; 771941, 2277804; 772001, 2286111; 790896, 2286265; 790745, 2284348; 791736, 2284527; 791629, 2278009; 771861, 2277996; 771858, 2286503; 790526, 2286863; 790525, 2284802; 791506, 2285203; return to 2277785; 771283, 2278049; 771283, 2286864; 790342, 2287060; 790170, starting point. 2278049; 771283, 2278049; 771207, 2287235; 790166, 2287238; 790160, (B) Note: Map 59 follows: 2278581; return to starting point.; return 2287244; 790149, 2287257; 790135, to starting point. 2287278; 790113, 2287317; 790099, (B) Note: Map 60 follows: 2287341; 790085, 2287359; 790061, 2287386; 790031, 2287426; 790244, 2287538; return to starting point. (B) Note: Map 58 follows:
(lxi) Maui 13—Alectryon (lx) Maui 12—Vigna o-wahuensis—a macrococcus—c (418 ha; 1,034 ac). (144 ha; 357 ac). (A) Unit consists of the following 20 (A) Unit consists of the following 27 boundary points: Start at 777409, boundary points and the intermediate 2281715; 777399, 2281716; 775210, coastline: Start at Start at 771207, 2281944; 775397, 2282390; 775399, (lix) Maui 11—Lipochaeta 2278581; 771207, 2278581; 772344, 2282405; 775595, 2284266; 776003, kamolensis—b (42 ha; 105 ac). 2278517; 773349, 2278461; 773349, 2284682; 776042, 2284722; 776732,
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2284778; 776737, 2284731; 776802, 2282206; 777020, 2282205; 777021, 2284151; 776861, 2283642; 776886, 2282204; 777348, 2282219; return to 2283406; 776919, 2283097; 776983, starting point. 2282542; 777020, 2282206; 777020, (B) Note: Map 62 follows: 2282205; 777021, 2282204; 777365, 2282220; 777408, 2281728; return to starting point. (B) Note: Map 61 follows:
(lxiv) Maui 13—Colubrina oppositifolia—a (739 ha; 1,827 ac). (A) Unit consists of the following 20 boundary points: Start at 777399, 2281716; 777534, 2280121; 777557, (lxiii) Maui 13—Cenchrus 2279856; 777566, 2279748; 774460, agrimonioides—a (237 ha; 586 ac). 2279633; 774498, 2280191; 774520, (A) Unit consists of the following 15 2280511; 774805, 2280290; 774901, boundary points: Start at 775397, 2280438; 775339, 2281114; 775626, (lxii) Maui 13—Bonamia menziesii— 2282390; 775399, 2282405; 775513, 2281557; 775438, 2281627; 775884, a (536 ha; 1,325 ac). 2283488; 776422, 2283239; 776896, 2283410; 776885, 2283418; 776886, (A) Unit consists of the following 18 2283308; 776919, 2283097; 776983, 2283406; 776919, 2283097; 776983, boundary points: Start at 777534, 2282542; 777020, 2282206; 777020, 2282542; 776985, 2282522; 777010, 2280121; 777558, 2279855; 777557, 2282205; 777021, 2282204; 777071, 2282190; 777361, 2282167; return to 2279856; 775339, 2281114; 774656, 2282206; 777077, 2282162; 777341, starting point. 2281501; 775099, 2281680; 775397, 2282162; 777390, 2281851; 775204, (B) Note: Map 64 follows: 2282390; 775399, 2282405; 775433, 2281929; return to starting point. 2282731; 775436, 2282755; 776398, 2283391; 776891, 2283357; 776919, (B) Note: Map 63 follows: 2283097; 776983, 2282542; 777020,
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(lxvii) Maui 13—Melicope (lxv) Maui 13—Flueggea (lxvi) Maui 13—Melicope knudsenii—b (163 ha; 403 ac). neowawraea—b (50 ha; 123 ac). adscendens—a (161 ha; 397 ac). (A) Unit consists of the following 11 (A) Unit consists of the following 6 (A) Unit consists of the following 12 boundary points: Start at 776489, boundary points: Start at 776821, boundary points: Start at 776003, 2284998; 776552, 2285180; 776688, 2283991; 776861, 2283642; 776886, 2284682; 776019, 2285054; 776489, 2285156; 776737, 2284731; 776802, 2283406; 776899, 2283288; 776236, 2284998; 776709, 2284972; 776737, 2284151; 776854, 2283698; 776863, 2283166; 776192, 2283998; return to 2284731; 776802, 2284151; 776844, 2283625; 776886, 2283406; 776919, starting point. 2283785; 776865, 2283600; 776886, 2283097; 776948, 2282847; 775700, (B) Note: Map 65 follows: 2283406; 776919, 2283097; 776928, 2282749; return to starting point. 2283019; 775938, 2283164; return to (B) Note: Map 67 follows: starting point. (B) Note: Map 66 follows:
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(lxviii) Maui 13—Melicope (lxix) Maui 13—Sesbania (lxx) Maui 13—Spermolepis mucronulata—b (195 ha; 481 ac). tomentosa—b (79 ha; 195 ac). hawaiiensis—a (91 ha; 225 ac). (A) Unit consists of the following 13 (A) Unit consists of the following 6 (A) Unit consists of the following 4 boundary points: Start at 776560, boundary points: Start at 774498, boundary points: Start at 776697, 2285179; 776688, 2285156; 776737, 2280191; 773607, 2281357; 774253, 2282941; 776828, 2281119; 776127, 2284731; 776802, 2284151; 776834, 2281429; 774901, 2280438; 775045, 2281124; 776388, 2282905; return to 2283873; 776873, 2283524; 776886, 2280217; 774598, 2280060; return to starting point. starting point. 2283406; 776919, 2283097; 776973, (B) Note: Map 70 follows: 2282631; 776189, 2282501; 775681, (B) Note: Map 69 follows: 2282604; 775689, 2282754; 776094, 2283897; return to starting point. (B) Note: Map 68 follows:
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2296707; 783263, 2296695; 783282, 2296689; 783304, 2296681; 783388, 2296654; return to starting point. (B) Note: Map 72 follows:
(lxxi) Maui 14—Geranium (lxxii) Maui 15—Geranium arboreum—b (452 ha; 1,116 ac). arboreum—c (667 ha; 1,648 ac). (A) Unit consists of the following 39 (A) Unit consists of the following 9 boundary points: Start at 783428, boundary points: Start at 780754, 2296641; 784570, 2295895; 784440, 2291599; 780710, 2291446; 780373, 2295690; 784206, 2295457; 782957, 2290270; 780279, 2290173; 780278, 2294208; 782956, 2294207; 782421, (lxxiii) Maui 16—Hibiscus 2290174; 778398, 2291590; 779750, 2293422; 782263, 2293191; 782223, brackenridgei—a (212 ha; 523 ac). 2293350; 781334, 2292030; 781340, 2293416; 782187, 2293615; 781338, (A) Unit consists of the following 27 2292025; return to starting point. 2294254; 781096, 2294510; 780818, boundary points: Start at 756769, (B) Note: Map 71 follows: 2294804; 781473, 2295735; 782282, 2303771; 756794, 2303787; 756914, 2296409; 782490, 2296948; 782522, 2303864; 757007, 2303958; 757033, 2296937; 782582, 2296918; 782616, 2304013; 757058, 2304068; 757053, 2296907; 782636, 2296900; 782656, 2304123; 757071, 2304153; 757104, 2296893; 782679, 2296886; 782713, 2304208; 757162, 2304244; 757198, 2296875; 782816, 2296841; 782839, 2304267; 757206, 2304365; 757138, 2296833; 782858, 2296827; 782895, 2304395; 757037, 2304471; 756959, 2296816; 782965, 2296793; 783029, 2304605; 757541, 2304994; 758421, 2296772; 783050, 2296765; 783073, 2304900; 758402, 2304566; 758427, 2296758; 783093, 2296751; 783114, 2304491; 758605, 2304369; 758716, 2296744; 783182, 2296721; 783227, 2304323; 758665, 2303806; 758665,
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2303805; 758615, 2303558; 758067, (lxxiv) Maui 17—Alectryon 2303509; 756894, 2303623; 756774, macrococcus—d (391 ha; 965 ac). 2303746; return to starting point. (A) Unit consists of the following 27 (B) Note: Map 73 follows: boundary points: Start at 746095, 2314835; 746096, 2314835; 746207, 2314953; 746887, 2314706; 747096, 2314630; 747103, 2314277; 747172, 2314023; 747194, 2313958; 747189, 2313958; 747258, 2313703; 747500, 2311983; 747492, 2311912; 747502, 2311779; 746629, 2311755; 746420, 2311719; 746022, 2311962; 746024, 2312026; 746020, 2312039; 746014, 2312318; 746038, 2312650; 746002, 2313394; 746052, 2313940; 746048, 2313940; 745960, 2314381; 745954, 2314592; 745934, 2314718; 745938, 2314873; return to starting point. (B) Note: Map 74 follows:
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(lxxv) Maui 17—Alectryon 2316129; 747447, 2316142; 747409, 2316526; 746698, 2316533; 746655, macrococcus—e (110 ha; 271 ac). 2316159; 747389, 2316169; 747365, 2316550; 746617, 2316562; 746584, (A) Unit consists of the following 105 2316186; 747345, 2316212; 747336, 2316571; 746551, 2316595; 746533, boundary points: Start at 747695, 2316228; 747328, 2316244; 747312, 2316622; 746505, 2316643; 746458, 2315652; 747693, 2315665; 747695, 2316282; 747299, 2316323; 747290, 2316680; 746457, 2316680; 746411, 2315687; 747702, 2315718; 747713, 2316361; 747289, 2316384; 747289, 2316689; 746410, 2316689; 746348, 2315745; 747728, 2315775; 747729, 2316392; 747296, 2316429; 747296, 2316682; 746338, 2316683; 746337, 2315792; 747729, 2315793; 747717, 2316430; 747296, 2316431; 747260, 2316682; 746335, 2316658; 746329, 2315811; 747717, 2315812; 747697, 2316441; 747214, 2316449; 747159, 2316659; 746231, 2316679; 746501, 2315822; 747681, 2315836; 747675, 2316459; 747125, 2316462; 747109, 2317239; 746647, 2317164; 746706, 2315860; 747677, 2315876; 747681, 2316472; 747100, 2316476; 747078, 2317135; 746859, 2317060; 746968, 2315899; 747681, 2315918; 747667, 2316500; 747077, 2316501; 747055, 2317006; 747190, 2316887; 747229, 2315950; 747648, 2315974; 747620, 2316503; 747024, 2316497; 746977, 2316866; 747344, 2316808; 747418, 2315996; 747585, 2316012; 747546, 2316510; 746946, 2316512; 746922, 2316781; 747517, 2316751; 747602, 2316034; 747526, 2316055; 747508, 2316518; 746881, 2316516; 746836, 2316733; 747628, 2316729; 747715, 2316086; 747494, 2316109; 747476, 2316520; 746786, 2316524; 746741, 2316716; 747716, 2316715; 747717,
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2316715; 747937, 2316652; 748040, 2316380; 748164, 2316249; 748053, 2315782; 747792, 2315728; 747733, 2316630; 748046, 2316620; 748049, 2316110; 747990, 2316024; 747963, 2315650; return to starting point. 2316619; 748181, 2316434; 748179, 2315953; 747889, 2315855; 747846, (B) Note: Map 75 follows: 2316409; 748181, 2316406; 748176,
(lxxvi) Maui 17—Cenchrus 2304263; 754770, 2304254; 754759, 2304164; 754067, 2304164; 754066, agrimonioides—b (119 ha; 293 ac). 2304261; 754670, 2304324; 754542, 2304164; 754065, 2304164; 753918, (A) Unit consists of the following 55 2304415; 754352, 2305097; 754319, 2304149; 753825, 2304139; 753832, boundary points: Start at 753366, 2305108; 754132, 2305170; 754163, 2304195; 753908, 2304800; 753751, 2304292; 753617, 2305024; 753566, 2305075; 754239, 2304985; 754242, 2304765; 753675, 2304217; 753632, 2305394; 753780, 2305464; 754068, 2304971; 754278, 2304785; 754347, 2303912; 753617, 2303805; 753611, 2305512; 754084, 2305461; 754013, 2304463; 754340, 2304443; 754333, 2303762; 753577, 2303756; 753550, 2305321; 754480, 2305078; 754546, 2304422; 754326, 2304400; 754314, 2303751; 753534, 2303749; 753531, 2305000; 754621, 2304863; 754699, 2304365; 754314, 2304364; 754278, 2303748; 753152, 2303682; 753163, 2304812; 754764, 2304356; 754769, 2304259; 754277, 2304259; 754068, 2303713; 753304, 2304113; 753310,
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2304130; 753365, 2304285; 753367, (B) Note: Map 76 follows: 2304292; return to starting point.
(lxxvii) Maui 17—Clermontia 2317071; 746357, 2317155; 746471, 2316866; 747288, 2316836; 746433, oblongifolia ssp. mauiensis—a (16 ha; 2317255; 746647, 2317164; 746706, 2316935; 746323, 2317068; return to 40 ac). 2317135; 746859, 2317060; 746968, starting point. (A) Unit consists of the following 12 2317006; 747190, 2316887; 747229, boundary points: Start at 746327, (B) Note: Map 77 follows:
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(lxxviii) Maui 17—Clermontia 2315589; 751856, 2315640; 751831, 2317001; 751727, 2317051; 751703, oblongifolia ssp. mauiensis—b (696 ha; 2315694; 751805, 2315739; 751802, 2317090; 751693, 2317225; 751691, 1,720 ac). 2315745; 751780, 2316007; 751791, 2317254; 751693, 2317261; 751698, (A) Unit consists of the following 130 2316023; 751792, 2316024; 751792, 2317290; 751694, 2317322; 751695, boundary points: Start at 752453, 2316025; 751785, 2316046; 751774, 2317366; 751697, 2317415; 751702, 2314975; 752453, 2314976; 752416, 2316078; 751771, 2316121; 751767, 2317462; 751715, 2317522; 751728, 2314975; 752381, 2314973; 752342, 2316164; 751778, 2316192; 751794, 2317571; 751747, 2317619; 751767, 2314967; 752250, 2315013; 752158, 2316230; 751799, 2316258; 751807, 2317682; 751769, 2317710; 751778, 2315058; 752138, 2315091; 752117, 2316311; 751812, 2316339; 751828, 2317751; 751782, 2317790; 751782, 2315151; 752108, 2315196; 752103, 2316408; 751840, 2316469; 751842, 2317791; 751769, 2317829; 751750, 2315252; 752113, 2315300; 752112, 2316535; 751836, 2316587; 751832, 2317859; 751741, 2317901; 751738, 2315302; 752096, 2315325; 752085, 2316640; 751828, 2316678; 751828, 2317949; 751738, 2317997; 751730, 2315344; 752070, 2315374; 752051, 2316679; 751812, 2316711; 751793, 2318034; 751729, 2318035; 751714, 2315406; 752026, 2315438; 751991, 2316765; 751774, 2316831; 751763, 2318045; 751713, 2318046; 751712, 2315478; 751949, 2315532; 751900, 2316879; 751754, 2316929; 751744, 2318046; 751690, 2318034; 751665,
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2318030; 751651, 2318051; 751640, 2320586; 752346, 2320647; 752379, 2319131; 754485, 2319104; 754399, 2318085; 751632, 2318124; 751599, 2320632; 752380, 2320629; 752654, 2318787; 754458, 2318403; 754519, 2318608; 751517, 2319810; 751458, 2319615; 752861, 2319645; 752861, 2318419; 754431, 2318127; 754060, 2320229; 751458, 2320252; 751458, 2319260; 752506, 2319113; 752802, 2318058; 753902, 2318028; 753875, 2320253; 751454, 2320260; 751411, 2318906; 752358, 2318344; 752506, 2318023; 753250, 2317363; 753146, 2320566; 751402, 2320630; 751401, 2318166; 752477, 2317338; 752654, 2316807; 752799, 2316077; 752486, 2320638; 751430, 2320630; 751621, 2317131; 752832, 2318285; 753305, 2315000; 752460, 2314964; return to 2320578; 751649, 2319822; 751885, 2318817; 753393, 2318669; 753778, starting point. 2319941; 752122, 2319497; 752334, 2318965; 754192, 2319231; 754441, (B) Note: Map 78 follows:
(lxxix) Maui 17—Clermontia (A) Unit consists of the following 262 2313159; 750421, 2313289; 750102, oblongifolia ssp. mauiensis—c (296 ha; boundary points: Start at 750654, 2313508; 750074, 2313542; 750046, 732 ac). 2312939; 750658, 2312963; 750658, 2313594; 750046, 2313595; 749977, 2312964; 750644, 2312989; 750610, 2313657; 749957, 2313674; 749879,
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2313766; 749865, 2313785; 749864, 2315568; 749353, 2315555; 749385, 2313356; 750572, 2313334; 750578, 2313785; 749692, 2313889; 749655, 2315535; 749404, 2315524; 749421, 2313319; 750591, 2313304; 750609, 2313912; 749653, 2313912; 749594, 2315514; 749470, 2315477; 749479, 2313283; 750640, 2313257; 750643, 2313900; 749427, 2313998; 749481, 2315464; 749486, 2315451; 749500, 2313255; 750652, 2313247; 750674, 2314008; 749517, 2314015; 749719, 2315430; 749524, 2315402; 749550, 2313233; 750689, 2313219; 750704, 2314022; 749762, 2314024; 749763, 2315385; 749571, 2315373; 749617, 2313203; 750713, 2313180; 750725, 2314024; 749764, 2314024; 749764, 2315351; 749628, 2315342; 749652, 2313151; 750736, 2313118; 750747, 2314025; 749764, 2314060; 749776, 2315326; 749666, 2315306; 749677, 2313077; 750753, 2313062; 750767, 2314062; 749776, 2314445; 749768, 2315288; 749682, 2315280; 749701, 2313040; 750774, 2313031; 750792, 2314447; 749769, 2314498; 749768, 2315256; 749720, 2315236; 749736, 2313015; 750803, 2313003; 750815, 2314500; 749767, 2314500; 748184, 2315224; 749781, 2315186; 749804, 2312997; 750834, 2312921; 750866, 2314906; 748105, 2314940; 748092, 2315173; 749833, 2315147; 749874, 2314945; 748090, 2314947; 748089, 2315098; 749888, 2315088; 749934, 2312797; 750864, 2312784; 750864, 2314948; 748069, 2314973; 748068, 2315046; 749960, 2315009; 750020, 2312768; 750864, 2312767; 750868, 2314973; 748029, 2314987; 748007, 2314928; 750057, 2314876; 750072, 2312756; 750877, 2312736; 750881, 2315005; 748001, 2315029; 748005, 2314855; 750097, 2314830; 750120, 2312727; 750882, 2312717; 750888, 2315065; 748005, 2315083; 747994, 2314809; 750138, 2314798; 750173, 2312691; 750895, 2312668; 750904, 2315106; 747975, 2315127; 747954, 2314786; 750215, 2314763; 750223, 2312647; 750904, 2312646; 750905, 2315161; 747942, 2315193; 747940, 2314758; 750232, 2314754; 750246, 2312646; 751008, 2312240; 751019, 2315201; 747933, 2315253; 747929, 2314737; 750265, 2314720; 750286, 2312199; 751038, 2312126; 751038, 2315289; 747930, 2315329; 747935, 2314703; 750288, 2314702; 750454, 2312124; 751038, 2312092; 751037, 2315356; 747931, 2315379; 747914, 2314143; 750461, 2314125; 750462, 2312087; 751022, 2312131; 751013, 2315403; 747887, 2315423; 747857, 2314110; 750462, 2314098; 750469, 2312201; 750784, 2312291; 750742, 2315454; 747831, 2315482; 747792, 2314075; 750476, 2314039; 750478, 2312502; 750763, 2312476; 750804, 2315504; 747772, 2315512; 747727, 2314029; 750479, 2314015; 750481, 2312434; 750835, 2312384; 750877, 2315626; 748615, 2316119; 748666, 2313991; 750479, 2313958; 750479, 2312324; 750877, 2312323; 750878, 2316120; 748680, 2316102; 748682, 2313946; 750479, 2313933; 750476, 2312323; 750879, 2312323; 750880, 2316095; 748687, 2316079; 748691, 2313919; 750468, 2313903; 750450, 2312324; 750889, 2312378; 750889, 2316057; 748698, 2316026; 748698, 2313871; 750441, 2313851; 750441, 2312379; 750885, 2312387; 750887, 2316025; 748717, 2315987; 748727, 2313850; 750438, 2313827; 750440, 2312412; 750887, 2312413; 750876, 2315962; 748733, 2315944; 748738, 2313794; 750439, 2313772; 750436, 2312455; 750851, 2312517; 750819, 2315922; 748743, 2315901; 748750, 2313747; 750437, 2313723; 750437, 2312576; 750799, 2312595; 750799, 2315885; 748758, 2315876; 748759, 2313700; 750439, 2313671; 750438, 2312596; 750798, 2312596; 750757, 2315875; 748770, 2315868; 748796, 2313647; 750435, 2313610; 750436, 2312591; 750749, 2312590; 750747, 2315863; 748806, 2315862; 748826, 2313597; 750436, 2313596; 750441, 2312611; 750734, 2312726; 750739, 2315861; 748849, 2315847; 748876, 2313585; 750451, 2313562; 750456, 2312751; 750739, 2312752; 750730, 2315834; 748913, 2315824; 748949, 2313545; 750463, 2313528; 750465, 2312793; 750712, 2312846; 750711, 2315807; 748960, 2315800; 749000, 2313510; 750469, 2313497; 750469, 2312846; 750711, 2312847; 750691, 2315773; 749021, 2315756; 749067, 2313496; 750477, 2313484; 750491, 2315724; 749090, 2315709; 749140, 2313465; 750505, 2313443; 750510, 2312851; 750690, 2312851; 750687, 2315671; 749173, 2315647; 749188, 2313432; 750515, 2313420; 750526, 2312849; 750672, 2312852; return to 2315640; 749205, 2315627; 749223, 2313409; 750541, 2313398; 750551, starting point. 2315614; 749244, 2315605; 749332, 2313389; 750560, 2313367; 750565, (B) Note: Map 79 follows:
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00161 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 26094 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations
(lxxx) Maui 17—Colubrina 2311859; 744531, 2311866; 744526, 2312714; 745351, 2312931; 745805, oppositifolia–b (176 ha; 436 ac). 2311860; 744468, 2311866; 744468, 2313017; 745826, 2313019; 745913, (A) Unit consists of the following 67 2311918; 744513, 2311972; 744523, 2313025; 745975, 2312628; 746367, boundary points: Start at 744959, 2311989; 744820, 2312059; 744992, 2312736; 746475, 2312844; 746618, 2311780; 744794, 2311780; 744757, 2312075; 744984, 2312177; 744929, 2312761; 746666, 2312733; 746657, 2311853; 744803, 2311913; 744873, 2312317; 744741, 2312341; 744737, 2312639; 746654, 2312523; 746558, 2311930; 745003, 2311908; 745103, 2312339; 744736, 2312339; 744734, 2311971; 746539, 2311801; 746492, 2311941; 745246, 2312013; 745237, 2312365; 744653, 2312345; 744609, 2311692; 746250, 2311692; 746219, 2312047; 745184, 2312054; 745082, 2312328; 744558, 2312437; 744633, 2311706; 746197, 2311706; 745959, 2312024; 744998, 2311962; 744940, 2312480; 744679, 2312478; 744722, 2311825; 745773, 2311844; 745572, 2311972; 744855, 2311959; 744843, 2312477; 744785, 2312485; 744871, 2311939; 745404, 2311822; 745147, 2311979; 744786, 2311969; 744644, 2312454; 744945, 2312517; 745143, 2311780; return to starting point. 2311877; 744574, 2311856; 744542, 2312557; 745196, 2312680; 745264, (B) Note: Map 80 follows:
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00162 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.078 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations 26095
(lxxxi) Maui 17—Ctenitis 2310369; 756961, 2310368; 756967, 2305896; 754350, 2305895; 754350, squamigera—a (1,979 ha; 4,891 ac). 2310338; 756918, 2310152; 756801, 2305894; 754356, 2305843; 754191, (A) Unit consists of the following 58 2309745; 756244, 2308954; 756153, 2305795; 754037, 2305734; 752927, boundary points: Start at 754711, 2308971; 755784, 2309203; 755328, 2305830; 751646, 2306112; 751009, 2310770; 755224, 2310599; 755234, 2308843; 754727, 2308566; 754703, 2307051; 750478, 2308025; 750460, 2310596; 755269, 2310584; 755320, 2308555; 754391, 2308291; 754206, 2309016; 750885, 2309547; 751648, 2310567; 755364, 2310585; 755366, 2308013; 754199, 2308002; 754164, 2309754; 751721, 2310011; 752535, 2310585; 755661, 2310703; 755670, 2307624; 754157, 2307555; 753944, 2310277; 752735, 2310348; 753433, 2310709; 756015, 2310849; 756300, 2307384; 753924, 2307060; 754322, 2310829; 753806, 2311124; return to 2310859; 756582, 2310767; 756724, 2306732; 754390, 2306683; 754409, starting point. 2310720; 756903, 2310594; 756939, 2306473; 754314, 2306226; 754335, 2310479; 756941, 2310469; 756961, 2306032; 754344, 2305953; 754346, (B) Note: Map 81 follows:
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00163 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.079 26096 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations
(lxxxii) Maui 17—Ctenitis 2314835; 746096, 2314835; 746207, 2312307; 748631, 2312228; 748652, squamigera—b (816 ha; 2,017 ac). 2314953; 746887, 2314706; 747359, 2312200; 748748, 2312058; 748822, (A) Unit consists of the following 33 2314534; 747735, 2314300; 747988, 2312005; 749297, 2311460; 749584, boundary points: Start at 745855, 2314266; 747997, 2314050; 748006, 2311129; 749324, 2311150; 749143, 2313035; 745916, 2313043; 745773, 2313828; 748025, 2313740; 748103, 2311192; 746617, 2311468; 745999, 2313571; 745745, 2313671; 745742, 2313389; 748166, 2313105; 748233, 2312213; return to starting point. 2313671; 745733, 2313825; 745726, 2312800; 748392, 2312568; 748570, 2313936; 745666, 2314939; 746095, (B) Note: Map 82 follows:
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00164 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.080 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations 26097
(lxxxiii) Maui 17—Ctenitis 2315745; 747728, 2315775; 747729, 2316323; 747290, 2316361; 747289, squamigera—c (137 ha; 338 ac). 2315792; 747729, 2315793; 747717, 2316384; 747289, 2316392; 747296, (A) Unit consists of the following 133 2315811; 747717, 2315812; 747702, 2316429; 747296, 2316430; 747296, boundary points: Start at 747966, 2315820; 747691, 2315827; 747681, 2316431; 747260, 2316441; 747214, 2315141; 747954, 2315161; 747942, 2315836; 747675, 2315860; 747677, 2316449; 747159, 2316459; 747125, 2315193; 747940, 2315201; 747933, 2315876; 747681, 2315899; 747681, 2316462; 747109, 2316472; 747100, 2315253; 747929, 2315289; 747930, 2315918; 747667, 2315950; 747648, 2316476; 747078, 2316500; 747077, 2315329; 747935, 2315356; 747931, 2315974; 747620, 2315996; 747585, 2316501; 747055, 2316503; 747024, 2315379; 747914, 2315403; 747887, 2316012; 747546, 2316034; 747526, 2316497; 746977, 2316510; 746946, 2315423; 747857, 2315454; 747831, 2316055; 747508, 2316086; 747494, 2316512; 746922, 2316518; 746881, 2315482; 747792, 2315504; 747750, 2316109; 747476, 2316129; 747447, 2316516; 746836, 2316520; 746786, 2315521; 747726, 2315545; 747722, 2316142; 747409, 2316159; 747389, 2316524; 746741, 2316526; 746698, 2315552; 747704, 2315583; 747698, 2316169; 747365, 2316186; 747345, 2316533; 746655, 2316550; 746617, 2315635; 747693, 2315665; 747695, 2316212; 747336, 2316228; 747328, 2316562; 746584, 2316571; 746551, 2315687; 747702, 2315718; 747713, 2316244; 747312, 2316282; 747299, 2316595; 746533, 2316622; 746505,
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00165 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.081 26098 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations
2316643; 746458, 2316680; 746457, 2316738; 746095, 2316749; 746058, 2316773; 747517, 2316751; 747602, 2316680; 746411, 2316689; 746410, 2316757; 746020, 2316765; 745994, 2316733; 747628, 2316729; 747715, 2316689; 746348, 2316682; 746338, 2316766; 745962, 2316761; 745913, 2316716; 747716, 2316715; 747719, 2316683; 746337, 2316682; 746335, 2316779; 745961, 2316812; 746173, 2316715; 747767, 2316674; 747991, 2316658; 746329, 2316659; 746194, 2316962; 746267, 2317022; 746270, 2316589; 748152, 2316547; 748190, 2316687; 746199, 2316707; 746200, 2317031; 746278, 2317037; 746327, 2316422; 748188, 2316396; 748181, 2316707; 746199, 2316708; 746198, 2317071; 746357, 2317155; 746377, 2316327; 748153, 2316030; 747996, 2316709; 746186, 2316712; 746160, 2317211; 746405, 2317289; 746423, 2315412; return to starting point. 2316720; 746128, 2316738; 746127, 2317280; 747344, 2316808; 747450, (B) Note: Map 83 follows:
(lxxxiv) Maui 17—Cyanea glabra—d 2308143; 750494, 2308421; 750414, 2309576; 750969, 2309576; 751203, (255 ha; 630 ac). 2308545; 750406, 2308713; 750523, 2309517; 751401, 2309386; 751474, (A) Unit consists of the following 36 2308867; 750465, 2308969; 750450, 2309254; 751664, 2309057; 751905, boundary points: Start at 750480, 2309254; 750575, 2309437; 750794, 2308859; 752286, 2308801; 752468,
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00166 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.082 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations 26099
2308742; 752636, 2308589; 752607, 2307507; 751766, 2307712; 751781, 2308019; 750882, 2307872; 750736, 2308362; 752505, 2308165; 752461, 2307880; 751781, 2308019; 751744, 2307872; 750545, 2308026; return to 2307938; 752381, 2307755; 752125, 2308194; 751511, 2308421; 751262, starting point. 2307492; 751913, 2307434; 751803, 2308406; 751130, 2308296; 750969, (B) Note: Map 84 follows:
(lxxxv) Maui 17—Cyanea glabra—e 2314050; 747967, 2313985; 747921, 2311589; 746567, 2312918; 746485, (470 ha; 1,163 ac). 2313749; 747890, 2313343; 748044, 2313343; 746485, 2313738; 746526, (A) Unit consists of the following 28 2312415; 748090, 2312169; 748396, 2314164; 746521, 2314359; 746546, boundary points: Start at 746593, 2311456; 748418, 2311379; 748403, 2314733; 746555, 2314791; return to 2314813; 746887, 2314706; 747359, 2311287; 748254, 2311251; 747983, starting point. 2314534; 747735, 2314300; 748095, 2311220; 747495, 2311082; 747412, 2314252; 748080, 2314231; 747997, 2311052; 747044, 2311200; 746967, (B) Note: Map 85 follows:
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00167 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.083 26100 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations
(lxxxvi) Maui 17—Cyanea glabra—f 2315482; 747792, 2315504; 747750, 2316129; 747447, 2316142; 747409, (188 ha; 465 ac). 2315521; 747726, 2315545; 747722, 2316159; 747389, 2316169; 747365, (A) Unit consists of the following 122 2315552; 747704, 2315583; 747698, 2316186; 747345, 2316212; 747336, boundary points: Start at 748090, 2315635; 747693, 2315665; 747695, 2316228; 747328, 2316244; 747312, 2314947; 748089, 2314948; 748069, 2315687; 747702, 2315718; 747713, 2316282; 747299, 2316323; 747290, 2314973; 748068, 2314973; 748029, 2315745; 747728, 2315775; 747729, 2316361; 747289, 2316384; 747289, 2314987; 748007, 2315005; 748001, 2315792; 747729, 2315793; 747717, 2316392; 747296, 2316429; 747296, 2315029; 748005, 2315065; 748005, 2315811; 747717, 2315812; 747697, 2316430; 747296, 2316431; 747260, 2315083; 747994, 2315106; 747975, 2315822; 747681, 2315836; 747675, 2316441; 747214, 2316449; 747159, 2315127; 747954, 2315161; 747942, 2315860; 747677, 2315876; 747681, 2316459; 747125, 2316462; 747109, 2315193; 747940, 2315201; 747933, 2315899; 747681, 2315918; 747667, 2316472; 747100, 2316476; 747078, 2315253; 747929, 2315289; 747930, 2315950; 747648, 2315974; 747620, 2316500; 747077, 2316501; 747055, 2315329; 747935, 2315356; 747931, 2315996; 747585, 2316012; 747546, 2316503; 747024, 2316497; 746977, 2315379; 747914, 2315403; 747887, 2316034; 747526, 2316055; 747508, 2316510; 746946, 2316512; 746922, 2315423; 747857, 2315454; 747831, 2316086; 747494, 2316109; 747476, 2316518; 746881, 2316516; 746836,
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00168 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.084 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations 26101
2316520; 746828, 2316521; 746834, 2316715; 747903, 2316702; 747932, 2315836; 748906, 2315667; 748901, 2316631; 746839, 2316939; 746859, 2316692; 747932, 2316691; 747967, 2315549; 748798, 2315451; 748660, 2317060; 746968, 2317006; 747190, 2316688; 748003, 2316690; 748029, 2315374; 748372, 2314933; 748352, 2316887; 747229, 2316866; 747344, 2316693; 748649, 2316082; 748735, 2314863; 748326, 2314870; return to 2316808; 747418, 2316781; 747450, 2315935; 748738, 2315922; 748743, starting point. 2316773; 747628, 2316729; 747716, 2315901; 748750, 2315885; 748758, 2316715; 747717, 2316715; 747733, 2315876; 748759, 2315875; 748770, (B) Note: Map 86 follows: 2316713; 747829, 2316717; 747887, 2315868; 748775, 2315867; 748793,
(lxxxvii) Maui 17—Cyanea glabra—g 2310451; 749793, 2310523; 750055, 2310503; 750496, 2310420; 750440, (79 ha; 195 ac). 2310548; 750137, 2310615; 750188, 2310332; 750385, 2310295; 750292, (A) Unit consists of the following 33 2310687; 750190, 2310697; 750274, 2310277; 750204, 2310203; 750149, boundary points: Start at 749398, 2310725; 750348, 2310711; 750440, 2310105; 750167, 2310022; 750223, 2310143; 749470, 2310348; 749639, 2310656; 750505, 2310582; 750523, 2309925; 750209, 2309842; 750144,
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00169 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.085 26102 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations
2309773; 750006, 2309708; 749881, 2309629; 749437, 2309759; 749444, (B) Note: Map 87 follows: 2309611; 749770, 2309532; 749691, 2309766; 749408, 2309876; 749398, 2309527; 749585, 2309541; 749502, 2309979; return to starting point.
(lxxxviii) Maui 17—Cyanea 2311178; 753854, 2311761; 753088, 2311599; 751968, 2311905; 753055, grimesiana ssp. grimesiana—a (920 ha; 2311437; 753109, 2310920; 752629, 2312211; 753463, 2312289; 754058, 2,273 ac). 2309941; 753391, 2309839; 754118, 2312313; 754688, 2312061; 755127, (A) Unit consists of the following 26 2310001; 755127, 2310494; 755241, 2311731; 755547, 2311353; return to boundary points: Start at 755402, 2309743; 754863, 2309251; 753812, starting point. 2311063; 755355, 2310968; 755230, 2308620; 751175, 2309545; 751031, 2311019; 755226, 2311019; 754833, 2309863; 750935, 2311100; 751464, (B) Note: Map 88 follows:
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00170 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.086 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations 26103
(lxxxix) Maui 17—Cyanea lobata—a 2315718; 747713, 2315745; 747728, 2316323; 747290, 2316361; 747289, (131 ha; 324 ac). 2315775; 747729, 2315792; 747729, 2316384; 747289, 2316392; 747296, (A) Unit consists of the following 133 2315793; 747717, 2315811; 747717, 2316429; 747296, 2316430; 747296, boundary points: Start at 747973, 2315812; 747697, 2315822; 747681, 2316431; 747260, 2316441; 747214, 2315130; 747957, 2315156; 747952, 2315836; 747675, 2315860; 747677, 2316449; 747159, 2316459; 747125, 2315167; 747942, 2315193; 747940, 2315876; 747681, 2315899; 747681, 2316462; 747109, 2316472; 747103, 2315201; 747933, 2315253; 747929, 2315918; 747667, 2315950; 747648, 2316475; 747094, 2316483; 747078, 2315289; 747930, 2315329; 747935, 2315974; 747620, 2315996; 747585, 2316500; 747077, 2316501; 747055, 2315356; 747931, 2315379; 747914, 2316012; 747546, 2316034; 747526, 2316503; 747024, 2316497; 746977, 2315403; 747887, 2315423; 747857, 2316055; 747508, 2316086; 747494, 2316510; 746946, 2316512; 746922, 2315454; 747831, 2315482; 747792, 2316109; 747476, 2316129; 747447, 2316518; 746881, 2316516; 746850, 2315504; 747750, 2315521; 747726, 2316142; 747409, 2316159; 747389, 2316519; 746759, 2316594; 746828, 2315545; 747722, 2315552; 747704, 2316169; 747365, 2316186; 747345, 2316776; 746943, 2317018; 747229, 2315583; 747698, 2315635; 747693, 2316212; 747336, 2316228; 747328, 2316866; 747344, 2316808; 747418, 2315665; 747695, 2315687; 747702, 2316244; 747312, 2316282; 747299, 2316781; 747517, 2316751; 747602,
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00171 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.087 26104 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations
2316733; 747628, 2316729; 747716, 2316678; 748218, 2316670; 748236, 2316245; 748585, 2316225; 748587, 2316715; 747717, 2316715; 747733, 2316643; 748254, 2316624; 748267, 2316220; 748589, 2316217; 748596, 2316713; 747887, 2316715; 747903, 2316607; 748276, 2316584; 748310, 2316201; 748610, 2316189; 748613, 2316702; 747932, 2316692; 747932, 2316551; 748349, 2316494; 748389, 2316186; 748649, 2316141; 748655, 2316691; 747967, 2316688; 748003, 2316441; 748415, 2316408; 748446, 2316134; 748446, 2315991; 748398, 2316690; 748041, 2316695; 748056, 2316368; 748446, 2316367; 748505, 2315949; 748126, 2315586; 748029, 2316696; 748113, 2316703; 748141, 2316331; 748531, 2316319; 748548, 2315400; 748003, 2315327; 747976, 2316706; 748159, 2316704; 748168, 2316311; 748549, 2316310; 748562, 2315313; return to starting point. 2316702; 748201, 2316684; 748211, 2316282; 748574, 2316250; 748575, (B) Note: Map 89 follows:
(xc) Maui 17—Cyanea lobata—b (114 2311009; 747443, 2310953; 747432, 2310801; 746678, 2310811; 746652, ha; 282 ac). 2310952; 747407, 2310938; 747319, 2310844; 746630, 2310853; 746617, (A) Unit consists of the following 35 2310932; 747154, 2311018; 747024, 2310888; 746652, 2311053; 746661, boundary points: Start at 747903, 2311018; 746814, 2310852; 746755, 2311200; 746971, 2311433; 746952,
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00172 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.088 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations 26105
2311505; 747422, 2311441; 747662, 2311284; 748999, 2311226; 749324, 2311050; 748942, 2310916; 748618, 2311441; 747812, 2311501; 748142, 2311150; 749769, 2311083; 749908, 2311096; return to starting point. 2311441; 748322, 2311471; 748472, 2311040; 749987, 2311042; 750063, (B) Note: Map 90 follows: 2311441; 748564, 2311384; 748784, 2311077; 750068, 2311092; 750118,
(xci) Maui 17—Cyanea lobata—c (578 2317751; 751782, 2317790; 751782, 2320230; 751458, 2320252; 751458, ha; 1,427 ac). 2317791; 751769, 2317829; 751750, 2320253; 751454, 2320260; 751411, (A) Unit consists of the following 62 2317859; 751741, 2317901; 751738, 2320566; 751406, 2320602; 751619, boundary points: Start at 751691, 2317949; 751738, 2317997; 751730, 2320598; 752334, 2320586; 752403, 2317255; 751693, 2317261; 751698, 2318034; 751729, 2318035; 751714, 2320585; 752415, 2320564; 752418, 2317290; 751694, 2317322; 751695, 2318045; 751713, 2318046; 751712, 2320564; 752509, 2320573; 752522, 2317366; 751697, 2317415; 751702, 2318046; 751690, 2318034; 751665, 2320567; 753547, 2320078; 753862, 2317462; 751715, 2317522; 751728, 2318030; 751651, 2318051; 751640, 2319691; 753884, 2319664; 753681, 2317571; 751747, 2317619; 751767, 2318085; 751632, 2318124; 751599, 2319159; 753622, 2319012; 753234, 2317682; 751769, 2317710; 751778, 2318608; 751517, 2319810; 751458, 2318678; 753089, 2318512; 752913,
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00173 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.089 26106 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations
2318248; 752876, 2317830; 752886, 2316929; 752465, 2317006; 751895, (B) Note: Map 91 follows: 2317088; 752845, 2317055; 752810, 2317211; 751704, 2317136; return to 2316993; 752718, 2316956; 752684, starting point.
(xcii) Maui 17—Cyrtandra munroi—a 2315329; 747935, 2315356; 747931, 2315788; 747729, 2315792; 747729, (156 ha; 386 ac). 2315379; 747914, 2315403; 747887, 2315793; 747717, 2315811; 747717, (A) Unit consists of the following 95 2315423; 747857, 2315454; 747831, 2315812; 747711, 2315815; 747676, boundary points: Start at 748364, 2315482; 747792, 2315504; 747750, 2315871; 747677, 2315876; 747681, 2314860; 748184, 2314906; 748126, 2315521; 747726, 2315545; 747722, 2315899; 747681, 2315918; 747667, 2314931; 748112, 2314937; 748019, 2315552; 747704, 2315583; 747698, 2315950; 747648, 2315974; 747620, 2315110; 747987, 2315114; 747975, 2315635; 747693, 2315665; 747695, 2315996; 747594, 2316008; 747441, 2315127; 747954, 2315161; 747942, 2315687; 747702, 2315718; 747713, 2316258; 748156, 2316363; 746590, 2315193; 747940, 2315201; 747933, 2315745; 747728, 2315775; 747728, 2316862; 746278, 2317037; 746327, 2315253; 747929, 2315289; 747930, 2315776; 747736, 2315775; 747729, 2317071; 746397, 2317266; 746423,
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00174 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.090 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations 26107
2317280; 746706, 2317135; 747190, 2316688; 748003, 2316690; 748041, 2316494; 748389, 2316441; 748415, 2316887; 747344, 2316808; 747418, 2316695; 748056, 2316696; 748113, 2316408; 748434, 2316383; 748660, 2316781; 747517, 2316751; 747602, 2316703; 748141, 2316706; 748159, 2315859; 749291, 2315291; 748450, 2316733; 747628, 2316729; 747716, 2316704; 748168, 2316702; 748201, 2315523; 748051, 2315943; 748324, 2316715; 747717, 2316715; 747733, 2316684; 748211, 2316678; 748218, 2315397; 748156, 2315355; 748219, 2316713; 747829, 2316717; 747887, 2316670; 748236, 2316643; 748254, 2314997; return to starting point. 2316715; 747903, 2316702; 747932, 2316624; 748267, 2316607; 748276, 2316692; 747932, 2316691; 747967, 2316584; 748310, 2316551; 748349, (B) Note: Map 92 follows:
(xciii) Maui 17—Cyrtandra munroi— 2313661; 745886, 2313757; 745733, 2313379; 748103, 2313389; 747126, b (238 ha; 589 ac). 2313825; 745730, 2313826; 745724, 2313526; 747399, 2313295; 747315, (A) Unit consists of the following 40 2313911; 745726, 2313936; 745729, 2313253; 748093, 2313127; 748166, boundary points: Start at 745826, 2313970; 745961, 2314006; 746362, 2313105; 748366, 2313043; 748639, 2313019; 745846, 2313034; 745916, 2314006; 746980, 2313974; 748012, 2312664; 748513, 2312517; 748392, 2313043; 745773, 2313571; 745748, 2313772; 748025, 2313740; 748177, 2312568; 747862, 2312790; 747601,
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00175 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.091 26108 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations
2312741; 746746, 2312824; 746468, 2313022; 746769, 2312917; 747126, 2312964; 745821, 2313015; return to 2312889; 746275, 2312760; 746103, 2313043; 746286, 2313169; 745836, starting point. 2312739; 746034, 2312754; 746391, (B) Note: Map 93 follows:
(xciv) Maui 17—Cyrtandra munroi—c 2319726; 751897, 2319894; 752023, 2319159; 753684, 2319161; 753684, (603 ha; 1,490 ac). 2319831; 752128, 2319390; 752191, 2319160; 753831, 2319264; 754230, (A) Unit consists of the following 62 2319978; 752191, 2320188; 752380, 2319264; 754381, 2319169; 754437, boundary points: Start at 751599, 2320629; 752380, 2320630; 752418, 2319134; 754441, 2319131; 754485, 2318608; 751517, 2319810; 751458, 2320564; 752675, 2320125; 752612, 2319104; 754628, 2319014; 754566, 2320238; 751458, 2320252; 751458, 2319495; 752906, 2319726; 752843, 2318549; 754622, 2318566; 754580, 2320253; 751454, 2320260; 751411, 2319096; 752654, 2319053; 752885, 2318228; 754222, 2317936; 754060, 2320566; 751402, 2320630; 751430, 2318906; 752401, 2318318; 752570, 2318058; 753962, 2318131; 753902, 2320630; 751624, 2320630; 751619, 2318087; 752633, 2317183; 752780, 2318028; 753788, 2317835; 753638, 2320598; 751540, 2320146; 751687, 2318339; 753263, 2318864; 753681, 2317579; 753215, 2317416; 753086,
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00176 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.092 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations 26109
2317157; 753119, 2317020; 752717, 2316784; 751861, 2316826; 751721, (B) Note: Map 94 follows: 2316300; 752443, 2316447; 752443, 2317157; 751884, 2317774; return to 2316679; 752107, 2317204; 751897, starting point.
(xcv) Maui 17—Diellia erecta—c (22 2304342; 754244, 2304245; 754151, 2305019; 754019, 2305159; 754078, ha; 55 ac). 2304186; 753923, 2304157; 753916, 2305174; 754177, 2305056; 754236, (A) Unit consists of the following 28 2304179; 753904, 2304271; 753923, 2304923; 754258, 2304820; 754258, boundary points: Start at 754348, 2304437; 753945, 2304452; 753997, 2304743; 754306, 2304647; return to 2304465; 754342, 2304448; 754333, 2304441; 754126, 2304441; 754188, starting point. 2304422; 754330, 2304413; 754327, 2304474; 754185, 2304570; 754133, 2304404; 754314, 2304365; 754306, 2304717; 753971, 2304953; 753963, (B) Note: Map 95 follows:
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00177 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.093 26110 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations
(xcvi) Maui 17—Diellia erecta—d (70 2310040; 754796, 2309997; 754796, 2310145; 753658, 2310188; 753754, ha; 172 ac). 2309936; 754748, 2309779; 754591, 2310193; 753811, 2310162; 753863, (A) Unit consists of the following 36 2309692; 754495, 2309692; 754404, 2310097; 754173, 2309970; 754408, boundary points: Start at 755224, 2309722; 754277, 2309731; 754216, 2309962; 754626, 2310066; 754713, 2310599; 755233, 2310600; 755234, 2309744; 754129, 2309718; 753641, 2310276; 754744, 2310446; 754796, 2310596; 755254, 2310511; 755254, 2309683; 753549, 2309805; 753423, 2310524; 754922, 2310572; return to 2310380; 755223, 2310289; 755066, 2309923; 753362, 2310023; 753362, starting point. 2310201; 754953, 2310084; 754848, 2310136; 753480, 2310171; 753589, (B) Note: Map 96 follows:
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00178 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.094 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations 26111
(xcvii) Maui 17—Diellia erecta—e (12 2304278; 754773, 2304280; 754723, 2304817; 754542, 2304724; 754561, ha; 29 ac). 2304289; 754601, 2304370; 754538, 2304654; 754638, 2304599; 754693, (A) Unit consists of the following 29 2304427; 754486, 2304579; 754443, 2304584; 754715, 2304617; 754708, boundary points: Start at 754760, 2304647; 754438, 2304725; 754437, 2304702; 754712, 2304743; 754722, 2304616; 754771, 2304529; 754782, 2304765; 754435, 2304770; 754432, 2304737; return to starting point. 2304447; 754796, 2304431; 754826, 2304809; 754406, 2304960; 754432, 2304297; 754824, 2304296; 754782, 2305008; 754513, 2304931; 754542, (B) Note: Map 97 follows:
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00179 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.095 26112 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations
(xcviii) Maui 17—Diellia erecta—f (14 2303749; 753531, 2303748; 753440, 2304536; 753565, 2304407; 753558, ha; 34 ac). 2303770; 753436, 2303843; 753444, 2304356; 753569, 2304289; 753565, (A) Unit consists of the following 26 2303891; 753396, 2304028; 753410, 2304238; 753632, 2304017; return to boundary points: Start at 753632, 2304101; 753403, 2304190; 753429, starting point. 2303912; 753625, 2303862; 753619, 2304234; 753422, 2304323; 753436, 2303819; 753617, 2303805; 753606, 2304448; 753469, 2304533; 753517, (B) Note: Map 98 follows: 2303762; 753541, 2303750; 753534, 2304603; 753565, 2304584; 753569,
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00180 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.096 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations 26113
(xcix) Maui 17—Diplazium 2310620; 755269, 2310584; 755294, 2309577; 751323, 2309597; 751242, molokaiense—c (1,495 ha; 3,693 ac). 2310580; 755295, 2310580; 755357, 2309744; 751129, 2309778; 750935, (A) Unit consists of the following 104 2310584; 755364, 2310585; 755366, 2309778; 750741, 2309898; 750741, boundary points: Start at 754546, 2310585; 755395, 2310587; 755690, 2310145; 750801, 2310333; 750841, 2312287; 754606, 2312288; 754610, 2310701; 755823, 2310420; 755837, 2310553; 750661, 2310848; 750527, 2312288; 754834, 2312292; 755095, 2310132; 755810, 2309871; 755636, 2311202; 750607, 2311396; 750888, 2312393; 755436, 2312152; 755603, 2309671; 755034, 2309443; 754723, 2311744; 751101, 2311891; 751115, 2312078; 755737, 2311831; 755740, 2309107; 754733, 2309062; 754399, 2311894; 751125, 2311897; 751138, 2311819; 755830, 2311503; 755790, 2308969; 754265, 2308862; 754185, 2311901; 751197, 2311915; 751210, 2311369; 755790, 2311220; 755790, 2308821; 753679, 2309015; 753403, 2311916; 751252, 2311917; 751334, 2311209; 755633, 2311121; 755402, 2311063; 755230, 2311019; 754988, 2308902; 753162, 2308507; 753021, 2311913; 751353, 2311910; 751415, 2311042; 754931, 2311008; 754820, 2308494; 752921, 2308661; 752767, 2311923; 751428, 2311924; 751575, 2310941; 754711, 2310770; 754680, 2308768; 752647, 2308828; 752480, 2311921; 751719, 2311957; 751730, 2310721; 754687, 2310533; 754794, 2308948; 752259, 2308982; 752072, 2311960; 751766, 2311969; 751772, 2310520; 754921, 2310553; 755041, 2308935; 751858, 2309310; 751530, 2311971; 751845, 2311984; 751888,
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00181 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.097 26114 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations
2311992; 751889, 2311992; 751963, 2312419; 752975, 2312526; 753137, 2312453; 754245, 2312393; 754379, 2312014; 751997, 2312034; 752095, 2312560; 753296, 2312593; 753510, 2312336; 754499, 2312286; return to 2312064; 752096, 2312064; 752393, 2312586; 753690, 2312439; 753831, starting point. 2312158; 752547, 2312326; 752774, 2312419; 754009, 2312447; 754051, (B) Note: Map 99 follows:
(c) Maui 17—Dubautia plantaginea 2308895; 750410, 2308848; 750298, 2308459; 748617, 2308589; 748711, ssp. humilis—a (293 ha; 723 ac). 2308848; 750116, 2308936; 750004, 2308689; 748922, 2308783; 749016, (A) Unit consists of the following 125 2308936; 749946, 2308818; 749940, 2308753; 749158, 2308753; 749352, boundary points: Start at 750756, 2308653; 749940, 2308495; 749916, 2308753; 749516, 2308712; 749652, 2309574; 750804, 2309536; 750834, 2308454; 749810, 2308430; 749722, 2308718; 749734, 2308753; 749804, 2309494; 750822, 2309406; 750716, 2308430; 749505, 2308412; 749410, 2308971; 749840, 2309042; 749860, 2309394; 750457, 2309300; 750422, 2308336; 749228, 2308271; 749058, 2309196; 749755, 2309277; 749635, 2309212; 750451, 2309153; 750581, 2308271; 748869, 2308348; 748681, 2309321; 749341, 2309445; 749279, 2309053; 750581, 2308953; 750557, 2308365; 748587, 2308383; 748528, 2309518; 749193, 2309518; 748880,
VerDate Jan<31>2003 15:06 May 13, 2003 Jkt 200001 PO 00000 Frm 00182 Fmt 4701 Sfmt 4700 E:\FR\FM\14MYR2.SGM 14MYR2 ER14MY03.098 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Rules and Regulations 26115
2309633; 748847, 2309691; 748794, 2310849; 750077, 2310599; 749687, 2310709; 750956, 2310680; 751009, 2309691; 748592, 2309801; 748577, 2310426; 749673, 2310363; 749678, 2310589; 751042, 2310536; 751124, 2309878; 748659, 2309998; 748847, 2310306; 749711, 2310262; 749659, 2310459; 751172, 2310407; 751182, 2310041; 749020, 2310032; 749159, 2310238; 749466, 2310238; 749313, 2310320; 751163, 2310248; 751124, 2309974; 749231, 2309825; 749293, 2310157; 749106, 2310209; 748952, 2310176; 751105, 2310075; 751095, 2309657; 749447, 2309561; 749553, 2310267; 748779, 2310301; 748799, 2309974; 751066, 2309888; 751057, 2309522; 749735, 2309527; 749995, 2310402; 749039, 2310671; 749245, 2309811; 751081, 2309767; 751143, 2309570; 750105, 2309647; 750283, 2310728; 749495, 2310724; 749639, 2309739; 751211, 2309700; 751196, 2309719; 750360, 2309806; 750322, 2310728; 749841, 2310757; 750048, 2309643; 751163, 2309614; 751095, 2309931; 750230, 2310080; 750240, 2310820; 750077, 2310863; 750120, 2309580; 750990, 2309566; 750927, 2310137; 750298, 2310229; 750447, 2311094; 750274, 2311175; 750432, 2309604; 750831, 2309652; 750778, 2310267; 750548, 2310344; 750596, 2311146; 750466, 2311103; 750557, 2309652; return to starting point. 2310459; 750524, 2310671; 750471, 2311031; 750610, 2310949; 750663, 2310849; 750389, 2310887; 750269, 2310887; 750716, 2310805; 750845, (B) Note: Map 100 follows:
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(ci) Maui 17—Dubautia plantaginea 2307813; 750304, 2307713; 750457, 2307466; 749987, 2307619; 749993, ssp. humilis—b (114 ha; 283 ac). 2307630; 750628, 2307566; 750681, 2307666; 749975, 2307748; 749904, (A) Unit consists of the following 42 2307507; 750698, 2307336; 750669, 2307771; 749775, 2307771; 749646, boundary points: Start at 748770, 2307178; 750492, 2306983; 750510, 2307724; 749428, 2307695; 749146, 2307854; 748911, 2307842; 749022, 2306836; 750463, 2306601; 750363, 2307571; 748964, 2307542; 748834, 2307918; 749146, 2308060; 749652, 2306507; 750263, 2306519; 750146, 2307583; 748758, 2307583; 748699, 2308195; 749769, 2308283; 749887, 2306648; 750010, 2306719; 749963, 2307654; 748705, 2307830; return to 2308248; 749916, 2308101; 749969, 2306831; 749999, 2306960; 750198, starting point. 2308007; 750287, 2307895; 750298, 2307195; 750257, 2307325; 750157, (B) Note: Map 101 follows:
(cii) Maui 17—Dubautia plantaginea 2311819; 755809, 2311825; 755868, 2311594; 756244, 2311522; 756130, ssp. humilis—c (95 ha; 234 ac). 2311853; 756001, 2311820; 756000, 2311477; 756013, 2311418; 755972, (A) Unit consists of the following 38 2311819; 756067, 2311803; 756113, 2311382; 755885, 2311350; 755759, boundary points: Start at 755740, 2311777; 756198, 2311730; 756271, 2311305; 755487, 2311142; 755383,
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2311142; 755306, 2311137; 755211, 2311327; 754627, 2311336; 754604, 2311875; 755664, 2311812; return to 2311119; 755098, 2311119; 755016, 2311481; 754604, 2311617; 754627, starting point. 2311160; 754948, 2311155; 754917, 2311667; 754740, 2311690; 754754, (B) Note: Map 102 follows: 2311105; 754908, 2311137; 754808, 2311721; 754971, 2311830; 755143, 2311160; 754713, 2311191; 754627, 2311893; 755356, 2311925; 755537,
(ciii) Maui 17—Gouania vitifolia—a 2310836; 745477, 2310914; 745480, 2311603; 744848, 2311671; 744847, (485 ha; 1,198 ac). 2310933; 745471, 2310939; 745465, 2311673; 744850, 2311702; 744959, (A) Unit consists of the following 41 2310964; 745411, 2311024; 745368, 2311780; 744998, 2311808; 745212, boundary points: Start at 747141, 2311075; 745241, 2311145; 745197, 2311808; 745549, 2311923; 745721, 2310897; 746995, 2310813; 746754, 2311199; 745057, 2311247; 745052, 2312269; 745854, 2312631; 746251, 2310674; 746408, 2310474; 746263, 2311257; 745043, 2311276; 745010, 2312595; 746652, 2312824; 747641, 2310363; 745972, 2310265; 745966, 2311405; 744912, 2311365; 744842, 2312506; 747841, 2311974; 748141, 2310304; 745798, 2310840; 745541, 2311439; 744842, 2311486; 744842,
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2311198; 748215, 2311076; 747319, (B) Note: Map 103 follows: 2311000; return to starting point.
(civ) Maui 17—Hedyotis coriacea—a 2306411; 748979, 2306067; 748838, 2306127; 747636, 2306281; 747610, (106 ha; 262 ac). 2305871; 748820, 2305865; 748469, 2306361; 747634, 2306377; 747850, (A) Unit consists of the following 17 2305574; 748339, 2305505; 748218, 2306700; return to starting point. boundary points: Start at 748229, 2305574; 748077, 2305651; 747887, (B) Note: Map 104 follows: 2306846; 748395, 2306645; 748650, 2305845; 747810, 2305946; 747709,
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(cv) Maui 17—Hedyotis coriacea—b 2304436; 749378, 2304612; 749292, 2305122; 749716, 2305336; 749855, (138 ha; 340 ac). 2304605; 749240, 2304605; 749225, 2305464; 750041, 2305656; 750931, (A) Unit consists of the following 15 2304642; 749247, 2304740; 749311, 2304991; return to starting point. boundary points: Start at 750175, 2304807; 749416, 2304901; 749540, 2304106; 750114, 2304143; 749603, (B) Note: Map 105 follows:
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(cvi) Maui 17—Hedyotis mannii—a 2309383; 749360, 2309453; 749225, 2311307; 751322, 2311611; 751900, (2,234 ha; 5,521 ac). 2309542; 748982, 2309613; 748668, 2311832; 752386, 2311832; 752622, (A) Unit consists of the following 91 2309703; 748413, 2309823; 748114, 2311893; 752820, 2312105; 753056, boundary points: Start at 754727, 2309823; 747994, 2309943; 747935, 2312250; 753254, 2312280; 753543, 2308566; 754627, 2308441; 754539, 2310342; 747935, 2310343; 748094, 2312212; 754098, 2312113; 754402, 2308313; 754379, 2308137; 754206, 2310374; 748180, 2310466; 747930, 2312029; 754775, 2311832; 755109, 2308013; 754067, 2307913; 753787, 2310531; 747921, 2311010; 747919, 2311680; 755208, 2311596; 755307, 2307825; 753291, 2307841; 752907, 2311126; 747942, 2311477; 747949, 2311467; 755368, 2311315; 755337, 2307913; 752547, 2308073; 752153, 2311590; 748084, 2311980; 748174, 2311208; 755201, 2311071; 754934, 2308222; 751739, 2308265; 751304, 2312070; 748443, 2311980; 748833, 2311041; 754496, 2311070; 754383, 2308250; 750705, 2308040; 750420, 2311995; 748934, 2311945; 749571, 2311003; 754117, 2310737; 754049, 2307876; 750121, 2307846; 749836, 2311633; 749803, 2311489; 749939, 2310524; 754079, 2310418; 754794, 2307996; 749821, 2308340; 749939, 2311346; 749971, 2311313; 750085, 2310076; 754904, 2310075; 754980, 2308602; 749944, 2308823; 750001, 2311145; 750491, 2310953; 750699, 2310014; 754995, 2309839; 754919, 2309070; 749859, 2309265; 749711, 2310953; 750827, 2310993; 750971, 2309679; 754889, 2309596; 754767, 2309330; 749709, 2309329; 749451, 2311129; 750974, 2311127; 751010, 2309514; 754827, 2309305; 754907,
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2309113; 754907, 2308945; 754851, (B) Note: Map 106 follows: 2308721; return to starting point.
(cvii) Maui 17—Hesperomannia 2310992; 747443, 2310953; 747190, 2312105; 748934, 2311945; 749268, arbuscula—a (392 ha; 968 ac). 2310834; 747141, 2310897; 746634, 2311327; 749365, 2311159; 749509, (A) Unit consists of the following 19 2311554; 746203, 2312157; 745979, 2311034; 748847, 2310882; 748737, boundary points: Start at 747921, 2312604; 746368, 2312645; 748186, 2311047; return to starting point. 2311010; 747903, 2311009; 747525, 2312479; 748631, 2312228; 748848, (B) Note: Map 107 follows:
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(cviii) Maui 17—Hesperomannia 2311291; 754347, 2311203; 753481, 2309244; 753599, 2309427; 753349, arbuscula—b (435 ha; 1,076 ac). 2310799; 753232, 2310491; 753247, 2309449; 753078, 2309251; 752982, (A) Unit consists of the following 36 2310271; 753459, 2310095; 753701, 2309229; 752461, 2309361; 752190, boundary points: Start at 752168, 2309890; 754112, 2309875; 754567, 2309530; 751999, 2309758; 751904, 2310821; 752476, 2311020; 752645, 2310044; 754773, 2310102; 754912, 2310058; 751860, 2310256; 751955, 2311166; 753026, 2311401; 753239, 2310014; 754949, 2309787; 754736, 2310528; 752087, 2310748; return to 2311511; 754450, 2311761; 754890, 2309611; 754479, 2309391; 754391, starting point. 2311665; 755015, 2311408; 754831, 2309156; 754142, 2309105; 753841, (B) Note: Map 108 follows:
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(cix) Maui 17—Hibiscus 2307162; 748499, 2306705; 748671, 2305221; 751741, 2304837; 751924, brackenridgei—b (672 ha; 1,661 ac). 2306455; 749034, 2306050; 749215, 2304837; 752039, 2305135; 752222, (A) Unit consists of the following 60 2305860; 749378, 2305670; 749491, 2305135; 752452, 2305777; 752612, boundary points: Start at 752075, 2305783; 749783, 2305937; 749811, 2305410; 752197, 2304484; return to 2304457; 752048, 2304451; 750687, 2305928; 750938, 2307038; 750193, starting point. 2304151; 750686, 2304151; 750403, 2305638; 750202, 2305598; 750197, (B) Excluding the area bounded by the 2304088; 749884, 2303974; 749722, 2305412; 750122, 2305158; 750027, following 11 boundary points (6ha; 2304095; 749666, 2304138; 749584, 2304930; 749905, 2304760; 750011, 15ac): Start at 749362, 2305641; 749057, 2304189; 748359, 2304949; 747620, 2304702; 750197, 2304744; 750446, 2305433; 748930, 2305439; 749226, 2305411; 747479, 2305820; 747343, 2304940; 750546, 2305015; 750695, 2305793; 749363, 2305641; 749363, 2306214; 747263, 2306446; 747200, 2305036; 750679, 2304967; 750621, 2305641; 749363, 2305641; 749363, 2306630; 747191, 2306692; 747101, 2304845; 750589, 2304670; 750818, 2305641; 749363, 2305641; 749363, 2307299; 747121, 2307299; 747120, 2304506; 751161, 2304400; 751352, 2305641; 749362, 2305640; return to 2307301; 747329, 2307289; 747571, 2304808; 751305, 2304993; 751305, starting point. 2307254; 748096, 2307179; 748214, 2305126; 751352, 2305195; 751442, (C) Note: Map 109 follows:
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(cx) Maui 17—Isodendrion 2303978; 749898, 2303977; 749722, 2306699; 748388, 2305794; 748679, pyrifolium—a (224 ha; 555 ac). 2304095; 749584, 2304189; 749409, 2305440; 749287, 2304896; 749758, (A) Unit consists of the following 20 2304307; 748359, 2304949; 747620, 2304696; 750700, 2304154; return to boundary points: Start at 750686, 2305407; 747479, 2305820; 747331, starting point. 2304151; 750460, 2304101; 750214, 2306254; 747670, 2306395; 747898, 2304047; 749928, 2303984; 749903, (B) Note: Map 110 follows:
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(cxi) Maui 17—Lysimachia lydgatei— 2307755; 749654, 2307824; 749737, 2306857; 749663, 2306972; 749549, a (89 ha; 221 ac). 2307865; 749879, 2307929; 750007, 2307022; 749480, 2307040; 749242, (A) Unit consists of the following 28 2307916; 750080, 2307833; 750099, 2307059; 749086, 2307127; 748830, boundary points: Start at 748761, 2307732; 750103, 2307664; 750186, 2307334; 748761, 2307421; return to 2307434; 748761, 2307462; 748898, 2307558; 750273, 2307434; 750250, starting point. 2307517; 749159, 2307627; 749233, 2307334; 750076, 2307201; 749911, 2307705; 749329, 2307723; 749389, 2307100; 749842, 2307040; 749801, (B) Note: Map 111 follows:
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(cxii) Maui 17—Lysimachia lydgatei— 2306367; 755334, 2306276; 755319, 2306836; 753618, 2306774; 753523, b (220 ha; 544 ac). 2306243; 755262, 2306193; 755163, 2306770; 753494, 2306847; 753541, (A) Unit consists of the following 67 2306105; 755088, 2306079; 755078, 2306949; 753640, 2306978; 753730, boundary points: Start at 754164, 2306075; 754935, 2306024; 754857, 2307025; 753825, 2307130; 753890, 2307624; 754188, 2307607; 754367, 2305996; 754748, 2305990; 754614, 2307243; 753940, 2307388; 754036, 2307487; 754541, 2307436; 754599, 2305982; 754412, 2306019; 754341, 2307519; 754021, 2307625; 754007, 2307426; 754834, 2307383; 755113, 2306032; 754341, 2306031; 754336, 2307650; 754021, 2307697; 754054, 2307365; 755261, 2307345; 755428, 2306037; 754319, 2306054; 754254, 2307701; return to starting point. 2307345; 755624, 2307370; 755652, 2306105; 754083, 2306112; 753970, (B) Excluding the area bounded by the 2307375; 755657, 2307376; 755704, 2306152; 753941, 2306203; 753985, following 19 boundary points (62ha; 2307385; 755734, 2307365; 755806, 2306280; 754050, 2306349; 754192, 153ac): Start at 754495, 2306605; 2307294; 755803, 2307069; 755794, 2306403; 754247, 2306469; 754327, 754472, 2306625; 754334, 2306901; 2307046; 755803, 2307043; 755697, 2306603; 754312, 2306694; 754272, 754090, 2307018; 754065, 2307098; 2306874; 755624, 2306756; 755515, 2306781; 754214, 2306829; 753999, 754087, 2307266; 754141, 2307512; 2306552; 755490, 2306519; 755377, 2306850; 753861, 2306832; 753774, 754162, 2307496; 754243, 2307436;
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754381, 2307316; 755039, 2307210; 754890, 2306567; 754808, 2306523; (C) Note: Map 112 follows: 755145, 2307181; 755188, 2307116; 754788, 2306512; 754588, 2306523; 755155, 2306981; 755028, 2306781; return to starting point.
(cxiii) Maui 17—Lysimachia 2311011; 749305, 2311059; 749438, 2311000; 747997, 2311080; 748066, lydgatei—c (47 ha; 117 ac). 2311006; 749422, 2310952; 749353, 2311154; 748289, 2311240; 748433, (A) Unit consists of the following 18 2310873; 749060, 2310745; 748858, 2311255; 748512, 2311234; return to boundary points: Start at 748746, 2310670; 748624, 2310729; 748411, starting point. 2311133; 748917, 2311048; 749167, 2310793; 748135, 2310920; 747970, (B) Note: Map 113 follows:
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(cxiv) Maui 17—Lysimachia 2309038; 749773, 2308951; 749416, 2309721; 748999, 2309606; 749123, lydgatei—d (98 ha; 241 ac). 2308836; 749077, 2308814; 748834, 2309519; 749251, 2309487; 749329, (A) Unit consists of the following 30 2308882; 748623, 2309020; 748486, 2309405; 749498, 2309322; 749682, boundary points: Start at 750135, 2309217; 748335, 2309450; 748293, 2309322; 749842, 2309350; 749906, 2309496; 750181, 2309483; 750177, 2309574; 748321, 2309638; 748385, 2309400; 750025, 2309450; return to 2309446; 750122, 2309373; 750090, 2309698; 748523, 2309757; 748582, starting point. 2309281; 749925, 2309130; 749801, 2309771; 748738, 2309734; 748885, (B) Note: Map 114 follows:
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(cxv) Maui 17—Lysimachia lydgatei— 2306892; 751846, 2306916; 751871, 2306182; 751133, 2306194; 751136, e (18 ha; 44 ac). 2306886; 751843, 2306831; 751785, 2306234; 751188, 2306328; 751240, (A) Unit consists of the following 22 2306736; 751755, 2306654; 751746, 2306423; 751359, 2306493; return to boundary points: Start at 751408, 2306529; 751718, 2306404; 751575, starting point. 2306523; 751429, 2306563; 751478, 2306347; 751374, 2306334; 751307, (B) Note: Map 115 follows: 2306669; 751724, 2306831; 751767, 2306322; 751264, 2306246; 751164,
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(cxvi) Maui 17—Neraudia sericea—b 2304812; 754760, 2304616; 754771, 2304422; 754324, 2304394; 754323, (1,189 ha; 2,938 ac). 2304529; 754777, 2304488; 754780, 2304390; 754277, 2304259; 754255, (A) Unit consists of the following 56 2304459; 754601, 2304367; 754542, 2304193; 754171, 2304150; 754067, boundary points: Start at 754350, 2304415; 754486, 2304579; 754439, 2304164; 753832, 2304195; 753811, 2305894; 755139, 2305668; 755567, 2304653; 754438, 2304725; 754437, 2304198; 753675, 2304217; 753449, 2305273; 755828, 2305033; 755089, 2304765; 754435, 2304770; 754349, 2304247; 749789, 2306260; 748476, 2305043; 755087, 2305045; 754979, 2304956; 754320, 2305103; 754319, 2307315; 748455, 2307820; 749832, 2305016; 754831, 2305142; 754762, 2305108; 754309, 2305107; 754214, 2308208; 752082, 2307325; 752168, 2305147; 754540, 2305162; 754519, 2305093; 754235, 2304991; 754278, 2306959; 754128, 2305958; return to 2305074; 754515, 2305057; 754540, 2304785; 754282, 2304767; 754351, starting point. 2305011; 754546, 2305000; 754546, 2305000; 754621, 2304863; 754699, 2304474; 754342, 2304448; 754333, (B) Note: Map 116 follows:
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(cxvii) Maui 17—Peucedanum 2310701; 756602, 2310559; 756578, 2309811; 755430, 2309835; 755292, sandwicense—b (117 ha; 289 ac). 2310444; 756578, 2310273; 756549, 2309835; 755140, 2309730; 755002, (A) Unit consists of the following 41 2310135; 756463, 2310087; 756387, 2309797; 754882, 2310059; 754982, boundary points: Start at 755661, 2310011; 756287, 2309973; 756216, 2310125; 755002, 2310244; 755068, 2310703; 755670, 2310709; 755718, 2309911; 756116, 2309892; 756068, 2310268; 755221, 2310259; 755344, 2310743; 755890, 2310863; 755896, 2309906; 755992, 2309963; 755930, 2310382; 755492, 2310463; 755573, 2310864; 756325, 2310873; 756497, 2310082; 755806, 2310140; 755735, 2310625; return to starting point. 2310849; 756549, 2310816; 756582, 2310078; 755697, 2309982; 755659, 2310768; 756582, 2310767; 756578, 2309873; 755587, 2309811; 755502, (B) Note: Map 117 follows:
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(cxviii) Maui 17—Phlegmariurus 2314500; 749602, 2314542; 750115, 2314110; 750462, 2314098; 750469, mannii—d (57 ha; 140 ac). 2314813; 750120, 2314809; 750138, 2314075; 750476, 2314039; 750478, (A) Unit consists of the following 34 2314798; 750173, 2314786; 750215, 2314029; 750479, 2314015; 750481, boundary points: Start at 749731, 2314763; 750223, 2314758; 750232, 2313991; 750479, 2313958; 750479, 2314023; 749762, 2314024; 749763, 2314754; 750246, 2314737; 750265, 2313948; 750046, 2313750; return to 2314024; 749764, 2314024; 749764, 2314720; 750286, 2314703; 750288, starting point. 2314025; 749766, 2314245; 749769, 2314702; 750386, 2314362; 750454, 2314498; 749768, 2314500; 749767, 2314143; 750461, 2314125; 750462, (B) Note: Map 118 follows:
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(cxix) Maui 17—Phlegmariurus (A) Unit consists of the following 5 2307722; 750135, 2307470; 750105, mannii—e (35 ha; 87 ac). boundary points: Start at 749857, 2307233; return to starting point. 2307053; 749164, 2307491; 749922, (B) Note: Map 119 follows:
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(cxx) Maui 17—Plantago princeps—b 2311220; 755197, 2311022; 755103, 2312447; 754379, 2312336; 754546, (327 ha; 808 ac). 2311031; 754021, 2311640; 752538, 2312287; 755617, 2311968; return to (A) Unit consists of the following 16 2311146; 752284, 2312106; 752542, starting point. boundary points: Start at 755885, 2312180; 753629, 2312550; 753645, (B) Note: Map 120 follows: 2311350; 755922, 2311264; 755790, 2312555; 753846, 2312495; 754009,
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(cxxi) Maui 17—Platanthera 2306019; 754341, 2306032; 754341, 2306222; 754409, 2306447; 754465, holochila—b (8 ha; 19 ac). 2306031; 754290, 2306152; 754075, 2306113; return to starting point. (A) Unit consists of the following 7 (B) Note: Map 121 follows: boundary points: Start at 754412,
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(cxxii) Maui 17—Platanthera 2315403; 747887, 2315423; 747885, 2315671; 749173, 2315647; 749188, holochila—c (189 ha; 467 ac). 2315426; 748574, 2316083; 748639, 2315640; 749205, 2315627; 749223, (A) Unit consists of the following 99 2316154; 748649, 2316141; 748680, 2315614; 749244, 2315605; 749315, boundary points: Start at 749766, 2316102; 748682, 2316095; 748687, 2315575; 749336, 2315565; 749353, 2314500; 748184, 2314906; 748128, 2316079; 748691, 2316057; 748698, 2315555; 749385, 2315535; 749404, 2314930; 748092, 2314946; 748091, 2316026; 748698, 2316025; 748717, 2315524; 749421, 2315514; 749470, 2314947; 748090, 2314947; 748089, 2315987; 748731, 2315953; 748738, 2315477; 749479, 2315464; 749486, 2314948; 748069, 2314973; 748068, 2315922; 748743, 2315901; 748750, 2315451; 749500, 2315430; 749524, 2314973; 748029, 2314987; 748007, 2315885; 748758, 2315876; 748759, 2315402; 749550, 2315385; 749571, 2315005; 748001, 2315029; 748005, 2315875; 748770, 2315868; 748796, 2315373; 749617, 2315351; 749628, 2315065; 748005, 2315083; 747994, 2315863; 748806, 2315862; 748826, 2315342; 749652, 2315326; 749666, 2315106; 747975, 2315127; 747954, 2315861; 748849, 2315847; 748876, 2315306; 749677, 2315288; 749682, 2315161; 747942, 2315193; 747940, 2315834; 748913, 2315824; 748949, 2315280; 749701, 2315256; 749720, 2315201; 747933, 2315253; 747929, 2315807; 748960, 2315800; 749000, 2315236; 749736, 2315224; 749781, 2315289; 747930, 2315329; 747935, 2315773; 749021, 2315756; 749067, 2315186; 749797, 2315177; 749814, 2315356; 747931, 2315379; 747914, 2315724; 749090, 2315709; 749140, 2315164; 749833, 2315147; 749874,
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2315098; 749888, 2315088; 749934, 2314855; 750097, 2314830; 750120, (B) Note: Map 122 follows: 2315046; 749960, 2315009; 750020, 2314809; 750138, 2314798; 750139, 2314928; 750057, 2314876; 750072, 2314798; return to starting point.
(cxxiii) Maui 17—Pteris lidgatei—a 2313077; 751379, 2313115; 751372, 2313556; 751547, 2313568; 751557, (1,168 ha; 2,887 ac). 2313144; 751371, 2313166; 751372, 2313585; 751561, 2313589; 751596, (A) Unit consists of the following 211 2313195; 751376, 2313220; 751378, 2313611; 751632, 2313629; 751663, boundary points: Start at 751582, 2313242; 751391, 2313266; 751395, 2313639; 751692, 2313653; 751724, 2312795; 751577, 2312796; 751528, 2313289; 751399, 2313300; 751407, 2313678; 751730, 2313685; 751736, 2312835; 751509, 2312866; 751494, 2313325; 751423, 2313372; 751434, 2313691; 751741, 2313698; 751753, 2312898; 751477, 2312924; 751470, 2313402; 751442, 2313431; 751445, 2313712; 751774, 2313739; 751802, 2312949; 751455, 2312970; 751447, 2313445; 751458, 2313470; 751460, 2313779; 751812, 2313796; 751834, 2312990; 751430, 2313008; 751409, 2313473; 751483, 2313503; 751510, 2313826; 751848, 2313852; 751858, 2313034; 751396, 2313055; 751392, 2313537; 751525, 2313552; 751530, 2313865; 751891, 2313928; 751915,
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2313975; 751943, 2314006; 751962, 2315151; 752108, 2315196; 752103, 2317571; 751747, 2317619; 751767, 2314018; 751999, 2314023; 752033, 2315252; 752113, 2315300; 752112, 2317682; 751769, 2317710; 751778, 2314016; 752081, 2313996; 752123, 2315302; 752096, 2315325; 752085, 2317751; 751782, 2317790; 751782, 2313971; 752153, 2313965; 752154, 2315344; 752070, 2315374; 752051, 2317791; 751769, 2317829; 751750, 2313965; 752187, 2313971; 752206, 2315406; 752026, 2315438; 751991, 2317859; 751741, 2317901; 751738, 2313984; 752220, 2314004; 752241, 2315478; 751949, 2315532; 751900, 2317949; 751738, 2317997; 751730, 2314040; 752255, 2314066; 752280, 2315589; 751856, 2315640; 751831, 2318034; 751729, 2318035; 751714, 2314106; 752298, 2314135; 752326, 2315694; 751805, 2315739; 751802, 2318045; 751713, 2318046; 751712, 2314169; 752350, 2314207; 752375, 2315745; 751780, 2316007; 751791, 2318046; 751690, 2318034; 751665, 2314234; 752375, 2314235; 752380, 2316023; 751792, 2316024; 751792, 2318030; 751651, 2318051; 751640, 2314285; 752390, 2314310; 752394, 2316025; 751785, 2316046; 751774, 2318085; 751632, 2318124; 751632, 2314322; 752394, 2314323; 752390, 2316078; 751771, 2316121; 751767, 2318131; 751630, 2318160; 751587, 2314361; 752385, 2314401; 752376, 2316164; 751778, 2316192; 751794, 2318788; 752124, 2318723; 752171, 2314456; 752359, 2314508; 752350, 2316230; 751799, 2316258; 751807, 2318701; 752172, 2318700; 752441, 2314542; 752334, 2314592; 752332, 2316311; 751812, 2316339; 751828, 2318572; 753228, 2318261; 753719, 2314632; 752340, 2314668; 752351, 2316408; 751840, 2316469; 751842, 2317901; 753788, 2317835; 754546, 2314710; 752369, 2314743; 752392, 2316535; 751836, 2316587; 751832, 2317117; 754543, 2317112; 754622, 2314761; 752420, 2314774; 752451, 2316640; 751828, 2316678; 751828, 2317045; 754855, 2316824; 754646, 2314798; 752466, 2314821; 752482, 2316679; 751812, 2316711; 751793, 2316585; 754736, 2315958; 754586, 2314848; 752505, 2314885; 752505, 2316765; 751774, 2316831; 751763, 2315928; 754347, 2315718; 754257, 2314886; 752505, 2314887; 752495, 2316879; 751754, 2316929; 751744, 2315300; 754257, 2315031; 753809, 2314905; 752453, 2314975; 752453, 2317001; 751727, 2317051; 751703, 2314373; 753450, 2314284; 753121, 2314976; 752448, 2314976; 752453, 2317090; 751693, 2317225; 751691, 2313985; 753151, 2313566; 752822, 2314984; 752376, 2314996; 752366, 2317254; 751693, 2317261; 751698, 2313357; 752434, 2312998; 752317, 2314973; 752362, 2314970; 752342, 2317290; 751694, 2317322; 751695, 2312676; 752314, 2312669; 752040, 2314967; 752250, 2315013; 752158, 2317366; 751697, 2317415; 751702, 2312664; return to starting point. 2315058; 752138, 2315091; 752117, 2317462; 751715, 2317522; 751728, (B) Note: Map 123 follows:
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(cxxiv) Maui 17—Pteris lidgatei—b 2310995; 750282, 2311145; 750670, 2309949; 750341, 2309680; 749086, (164 ha; 404 ac). 2311085; 750850, 2311354; 750790, 2310009; return to starting point. (A) Unit consists of the following 9 2310427; 750969, 2309740; 750670, (B) Note: Map 124 follows: boundary points: Start at 750072,
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(cxxv) Maui 17—Remya mauiensis—a 2304415; 754499, 2304541; 754356, 2304797; 753750, 2304769; 753606, (228 ha; 564 ac). 2305091; 754320, 2305103; 754319, 2303761; 753602, 2303760; 753576, (A) Unit consists of the following 61 2305108; 754309, 2305107; 754122, 2303756; 753552, 2303751; 753534, boundary points: Start at 754336, 2305169; 754172, 2305069; 754235, 2303749; 753531, 2303748; 753515, 2306037; 754335, 2306032; 754334, 2304991; 754238, 2304988; 754242, 2303745; 753154, 2303686; 753252, 2306014; 754022, 2305314; 754484, 2304971; 754278, 2304785; 754282, 2303966; 753304, 2304113; 753310, 2305080; 754534, 2305022; 754537, 2304767; 754312, 2304638; 754336, 2304130; 753365, 2304285; 753367, 2305016; 754540, 2305011; 754621, 2304537; 754343, 2304451; 754343, 2304292; 753628, 2305002; 753472, 2304863; 754699, 2304812; 754773, 2304450; 754342, 2304448; 754333, 2305975; 753622, 2306887; 754189, 2304280; 754776, 2304259; 754769, 2304422; 754327, 2304403; 754279, 2306927; 754311, 2306887; 754387, 2304263; 754670, 2304324; 754605, 2304263; 754165, 2304205; 754078, 2306765; return to starting point. 2304364; 754603, 2304366; 754542, 2304169; 753828, 2304146; 753911, (B) Note: Map 125 follows:
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(cxxvi) Maui 17—remya mauiensis— 2312397; 746101, 2312866; 746244, 2312936; 747743, 2312584; 747871, b (567 ha; 1,401 ac). 2312994; 746324, 2313016; 746372, 2312291; 748089, 2311885; 748185, (A) Unit consists of the following 30 2313015; 746273, 2313672; 746174, 2311619; 748123, 2311444; 748084, boundary points: Start at 746995, 2314527; 746227, 2314946; 746887, 2311336; 748036, 2311038; 747487, 2310813; 746762, 2310659; 746754, 2314706; 747359, 2314534; 747564, 2310984; 747263, 2310990; return to 2310674; 746719, 2310734; 746452, 2314406; 747564, 2313642; 747609, starting point. 2311437; 746303, 2311773; 746170, 2313176; 747674, 2312935; 747689, (B) Note: Map 126 follows:
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(cxxvii) Maui 17—Remya mauiensis— 2315812; 747697, 2315822; 747681, 2316244; 747312, 2316282; 747299, c (32 ha; 78 ac). 2315836; 747675, 2315860; 747677, 2316323; 747290, 2316361; 747289, (A) Unit consists of the following 52 2315876; 747681, 2315899; 747681, 2316384; 747289, 2316392; 747296, boundary points: Start at 747792, 2315918; 747667, 2315950; 747648, 2316429; 747296, 2316430; 747296, 2315504; 747750, 2315521; 747726, 2315974; 747620, 2315996; 747585, 2316431; 747295, 2316431; 747296, 2315545; 747722, 2315552; 747704, 2316012; 747546, 2316034; 747526, 2316436; 747510, 2316405; 748060, 2315583; 747698, 2315635; 747693, 2316055; 747508, 2316086; 747494, 2316161; 747945, 2315810; 747915, 2315665; 747695, 2315687; 747702, 2316109; 747476, 2316129; 747447, 2315650; 747824, 2315486; return to 2315718; 747713, 2315745; 747728, 2316142; 747409, 2316159; 747389, starting point. 2315775; 747729, 2315792; 747729, 2316169; 747365, 2316186; 747345, 2315793; 747717, 2315811; 747717, 2316212; 747336, 2316228; 747328, (B) Note: Map 127 follows:
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(cxxviii) Maui 17—Sanicula 2315013; 752158, 2315058; 752138, 2315502; 752449, 2315352; 752817, purpurea—a (34 ha; 84 ac). 2315091; 752117, 2315151; 752108, 2315548; 752838, 2315319; 752900, (A) Unit consists of the following 26 2315196; 752103, 2315252; 752113, 2315143; 752499, 2314898; return to boundary points: Start at 752495, 2315300; 752112, 2315302; 752096, starting point. 2314905; 752453, 2314975; 752453, 2315325; 752085, 2315344; 752070, 2314976; 752416, 2314975; 752381, 2315374; 752051, 2315406; 752043, (B) Note: Map 128 follows: 2314973; 752342, 2314967; 752250, 2315416; 752194, 2315469; 752315,
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(cxxix) Maui 17—Sanicula 2312670; 750636, 2312621; 750675, 2312752; 750730, 2312793; 750712, purpurea—b (306 ha; 756 ac). 2312576; 750701, 2312549; 750729, 2312846; 750711, 2312846; 750711, (A) Unit consists of the following 270 2312518; 750733, 2312514; 750763, 2312847; 750691, 2312851; 750690, boundary points: Start at 749939, 2312476; 750804, 2312434; 750835, 2312851; 750687, 2312849; 750671, 2311346; 750305, 2311362; 749759, 2312384; 750877, 2312324; 750877, 2312852; 750654, 2312855; 750651, 2311879; 749818, 2312144; 750261, 2312323; 750878, 2312323; 750879, 2312867; 750650, 2312873; 750649, 2312204; 750099, 2312396; 750276, 2312323; 750880, 2312324; 750889, 2312880; 750650, 2312898; 750652, 2312410; 750113, 2312661; 750261, 2312378; 750889, 2312379; 750885, 2312927; 750658, 2312963; 750658, 2312735; 750185, 2313139; 750220, 2312387; 750887, 2312412; 750887, 2312964; 750636, 2313003; 750632, 2313118; 750265, 2313091; 750306, 2312413; 750876, 2312455; 750851, 2313007; 750567, 2313111; 750565, 2313067; 750358, 2313037; 750373, 2312517; 750819, 2312576; 750799, 2313117; 750562, 2313122; 750571, 2313023; 750566, 2312802; 750568, 2312595; 750799, 2312596; 750798, 2313119; 750482, 2313247; 750468, 2312798; 750565, 2312761; 750564, 2312596; 750757, 2312591; 750749, 2313267; 749907, 2313828; 750025, 2312729; 750574, 2312687; 750574, 2312590; 750747, 2312611; 750734, 2313946; 749907, 2314271; 750187, 2312686; 750581, 2312676; 750586, 2312726; 750739, 2312751; 750739, 2314463; 750305, 2314315; 750379,
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2313917; 750339, 2314523; 750386, 2313040; 750774, 2313031; 750792, 2312154; 752258, 2312161; 752260, 2314362; 750414, 2314272; 750454, 2313015; 750803, 2313003; 750815, 2312173; 752260, 2312174; 752259, 2314143; 750461, 2314125; 750462, 2312997; 750834, 2312921; 750866, 2312178; 752259, 2312186; 752255, 2314110; 750462, 2314098; 750469, 2312797; 750864, 2312784; 750864, 2312201; 752254, 2312203; 752242, 2314075; 750476, 2314039; 750478, 2312768; 750864, 2312767; 750868, 2312224; 752209, 2312264; 752181, 2314029; 750479, 2314015; 750481, 2312756; 750877, 2312736; 750881, 2312294; 752174, 2312305; 752146, 2313991; 750479, 2313958; 750479, 2312727; 750882, 2312717; 750888, 2312343; 752130, 2312360; 752109, 2313946; 750479, 2313933; 750476, 2312691; 750895, 2312668; 750904, 2312384; 752089, 2312404; 752052, 2313919; 750468, 2313903; 750450, 2312647; 750904, 2312646; 750905, 2312430; 752018, 2312454; 751992, 2313871; 750441, 2313851; 750441, 2312646; 751008, 2312240; 751038, 2312468; 751944, 2312486; 751906, 2313850; 750438, 2313827; 750440, 2312126; 751038, 2312124; 751038, 2312492; 751887, 2312501; 751874, 2313794; 750439, 2313772; 750436, 2312088; 751038, 2312083; 751034, 2312514; 751860, 2312545; 751852, 2313747; 750437, 2313723; 750437, 2312059; 751040, 2312045; 751059, 2312558; 751828, 2312576; 751812, 2313700; 750439, 2313671; 750438, 2311963; 751065, 2311938; 751066, 2312583; 751790, 2312588; 751769, 2313647; 750435, 2313610; 750436, 2311935; 751077, 2311889; 751077, 2312599; 751747, 2312616; 751708, 2313597; 750436, 2313596; 750441, 2311888; 751078, 2311887; 751079, 2312656; 751683, 2312672; 751660, 2313585; 750451, 2313562; 750456, 2311887; 751095, 2311890; 751115, 2312697; 751625, 2312730; 751609, 2313545; 750463, 2313528; 750465, 2311894; 751125, 2311897; 751154, 2312742; 751590, 2312761; 751567, 2313510; 750469, 2313497; 750469, 2311907; 751190, 2311915; 751210, 2312785; 751582, 2312795; 751605, 2313496; 750477, 2313484; 750491, 2311916; 751266, 2311917; 751317, 2312809; 752078, 2312676; 752317, 2313465; 750505, 2313443; 750510, 2311916; 751353, 2311910; 751415, 2312676; 752521, 2312676; 752964, 2313432; 750515, 2313420; 750526, 2311923; 751455, 2311926; 751502, 2312750; 753643, 2312602; 753629, 2313409; 750541, 2313398; 750551, 2311927; 751574, 2311945; 751610, 2312550; 753611, 2312482; 753082, 2313389; 750560, 2313367; 750565, 2311953; 751637, 2311945; 751638, 2312425; 752728, 2312174; 752491, 2313356; 750572, 2313334; 750578, 2311945; 751682, 2311949; 751730, 2311908; 752255, 2311908; 751812, 2313319; 750591, 2313304; 750609, 2311960; 751772, 2311971; 751845, 2311746; 751295, 2311716; 751059, 2313283; 750640, 2313257; 750643, 2311984; 751888, 2311992; 751889, 2311495; 750881, 2311509; 750704, 2313255; 750652, 2313247; 750674, 2311992; 751963, 2312014; 752001, 2311347; 750630, 2311007; 750360, 2313233; 750689, 2313219; 750704, 2312036; 752045, 2312060; 752095, 2311126; 750081, 2311078; 749999, 2313203; 750713, 2313180; 750725, 2312064; 752133, 2312081; 752177, 2311246; 749928, 2311346; return to 2313151; 750736, 2313118; 750747, 2312098; 752226, 2312119; 752255, starting point. 2313077; 750753, 2313062; 750767, 2312146; 752255, 2312147; 752257, (B) Note: Map 129 follows:
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(cxxx) Maui 17—Sanicula purpurea— 2314322; 752394, 2314323; 752390, 2314710; 752369, 2314743; 752392, c (8 ha; 19 ac). 2314361; 752385, 2314401; 752376, 2314761; 752420, 2314774; 752448, (A) Unit consists of the following 19 2314456; 752359, 2314508; 752350, 2314795; 752604, 2314395; 752382, boundary points: Start at 752386, 2314542; 752334, 2314592; 752332, 2314282; return to starting point. 2314300; 752390, 2314310; 752394, 2314632; 752340, 2314668; 752351, (B) Note: Map 130 follows:
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(cxxxi) Maui 17—Spermolepis 2306156; 747789, 2306167; 747843, 2306016; 748049, 2305919; 747908, hawaiiensis—b (23 ha; 56 ac). 2306153; 747942, 2306144; 748010, 2305689; 747771, 2305547; 747640, (A) Unit consists of the following 15 2306130; 748096, 2306137; 748170, 2305517; return to starting point. boundary points: Start at 747559, 2306086; 748184, 2306061; 748161, 2305612; 747617, 2305791; 747703, (B) Note: Map 131 follows:
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(cxxxii) Maui 17—Tetramolopium 2307474; 747703, 2307791; 747578, 2310826; 750524, 2310786; 750524, capillare—a (1,783 ha; 4,405 ac). 2308164; 747558, 2308516; 747523, 2310648; 750566, 2310619; 750648, (A) Unit consists of the following 106 2308819; 747420, 2309233; 747378, 2310507; 750656, 2310478; 750627, boundary points: Start at 753165, 2309647; 747392, 2310068; 747618, 2310436; 750582, 2310409; 750574, 2303717; 753304, 2304113; 753310, 2310281; 747935, 2310342; 747979, 2310385; 750590, 2310361; 750601, 2304130; 753365, 2304285; 753367, 2310351; 748255, 2310282; 748531, 2310316; 750582, 2310287; 750555, 2304292; 753234, 2304365; 753213, 2310151; 748738, 2310172; 748844, 2310253; 750534, 2310213; 750502, 2304104; 753136, 2303909; 753136, 2310234; 749327, 2310432; 749542, 2310197; 750509, 2310184; 750399, 2303821; 753136, 2303653; 753134, 2310481; 749646, 2310558; 749937, 2310047; 750432, 2309865; 750350, 2303650; 753042, 2303454; 752244, 2310662; 750058, 2310701; 750146, 2309706; 750179, 2309579; 750058, 2304494; 752075, 2304457; 751171, 2310783; 750157, 2310794; 750168, 2309475; 749910, 2308997; 749965, 2304258; 750787, 2304513; 750132, 2310853; 750181, 2310898; 750231, 2308782; 749916, 2308579; 749932, 2305024; 749428, 2305569; 749226, 2310909; 750364, 2310903; 750415, 2308442; 749954, 2308271; 750042, 2305793; 748731, 2306342; 748269, 2310935; 750473, 2310938; 750521, 2307941; 750166, 2307867; 750187, 2306956; 748096, 2307179; 747868, 2310903; 750537, 2310855; 750542, 2307736; 750256, 2307612; 750284,
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2307494; 750442, 2307287; 750465, 2305169; 753540, 2304928; 753462, 2305433; 748930, 2305439; 749226, 2307217; 750753, 2306922; 751036, 2304711; 753427, 2304482; 753399, 2305793; 749363, 2305641; 749363, 2306728; 751439, 2306361; 751774, 2304426; 753396, 2304292; 753299, 2305641; 749363, 2305641; 749363, 2306157; 752327, 2305947; 752871, 2304046; 753237, 2303876; return to 2305641; 749363, 2305641; 749363, 2305768; 753260, 2305683; 753470, starting point. 2305641; 749362, 2305640; return to 2305652; 753563, 2305652; 753626, (B) Excluding the area bounded by the starting point. 2305636; 753874, 2305566; 754007, following 11 boundary points (6ha; 2305496; 754053, 2305450; 753820, 15ac): Start at 749362, 2305641; 749057, (C) Note: Map 132 follows:
(cxxxiii) Maui 17—Tetramolopium 2304151; 750680, 2304150; 749916, 2307495; 746967, 2307530; 747135, remyi—a (288 ha; 711 ac). 2304019; 748359, 2304949; 747628, 2307579; 747275, 2307621; 747405, (A) Unit consists of the following 34 2305445; 747343, 2306214; 747283, 2307590; 747464, 2307541; 747496, boundary points: Start at 750702, 2306377; 747263, 2306446; 747206, 2307408; 747571, 2307254; 747576, 2304154; 750687, 2304151; 750686, 2306648; 747191, 2306692; 746912, 2307243; 747664, 2307114; 747769,
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2306921; 747937, 2306568; 748094, 2305226; 749056, 2305056; 749264, 2304302; 750566, 2304230; return to 2306298; 748227, 2306099; 748294, 2304887; 749718, 2304706; 750413, starting point. 2305966; 748613, 2305521; 748914, (B) Note: Map 133 follows:
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(cxxxiv) Maui 18—Alectryon 2316670; 745741, 2316666; 745700, 2316064; 745644, 2316063; 745645, macrococcus—f (7 ha; 18 ac). 2316637; 745682, 2316625; 745668, 2316063; 746238, 2315748; 746249, (A) Unit consists of the following 7 2316564; 745666, 2316551; 745660, 2315743; 746785, 2315459; 746095, boundary points: Start at 745986, 2316498; 745660, 2316496; 745660, 2315676; 746082, 2315680; 745637, 2315882; 746238, 2315748; 746249, 2316495; 745656, 2316346; 745650, 2315820; 745636, 2315820; 745635, 2315743; 746785, 2315459; 746095, 2316196; 745644, 2316064; 745644, 2315819; 745641, 2316066; 745644, 2315676; 746082, 2315680; 745946, 2316063; 745645, 2316063; 746238, 2316067; return to starting point. 2315723; return to starting point. 2315748; 746249, 2315743; 746713, (B) Note: Map 136 follows: (B) Note: Map 134 follows: 2315497; 746710, 2315483; 746095, 2315676; 746082, 2315680; 745637, 2315820; 745636, 2315820; 745635, 2315819; 745634, 2315807; return to starting point. (B) Note: Map 135 follows:
(cxxxv) Maui 18—Colubrina (cxxxvii) Maui 18—Remya oppositifolia—c (64 ha; 157 ac). mauiensis—d (2 ha; 6 ac). (A) Unit consists of the following 34 (A) Unit consists of the following 3 boundary points: Start at 745633, boundary points: Start at 746322, 2315799; 745216, 2315967; 745220, 2315704; 746785, 2315459; 746309, 2316095; 745062, 2316193; 745156, (cxxxvi) Maui 18—Ctenitis 2315609; return to starting point. 2316554; 745218, 2316810; 745110, squamigera—d (14 ha; 35 ac). 2316866; 745095, 2316969; 745651, (A) Unit consists of the following 13 (B) Note: Map 137 follows: 2316773; 745745, 2316673; 745748, boundary points: Start at 745644, BILLING CODE 4310–55–C
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(cxxxviii) Table of Protected Species Within Each Critical Habitat Unit for Maui
Unit name Species occupied Species unoccupied
Maui 1—Centaurium sebaeoides—a ...... Centaurium sebaeoides. Maui 1—Sesbania tomentosa—a ...... Sesbania tomentosa. Maui 2—Brighamia rockii—a ...... Brighamia rockii. Maui 2—Brighamia rockii—b ...... Brighamia rockii. Maui 2—Centaurium sebaeoides—b ...... Centaurium sebaeoides. Maui 3—Brighamia rockii—c ...... Brighamia rockii. Maui 4—Brighamia rockii—d ...... Brighamia rockii. Maui 4—Peucedanum sandwicense—a ...... Peucedanum sandwicense. Maui 5—Brighamia rockii—e ...... Brighamia rockii. Maui 6—Ischaemum byrone—a ...... Ischaemum byrone. Maui 6—Mariscus pennatiformis—a ...... Mariscus pennatiformis. Maui 7—Ischaemum byrone—b ...... Ischaemum byrone. Maui 8—Cyanea copelandii ssp. haleakalaensis—a ...... Cyanea copelandii ssp. haleakalaensis. Maui 8—Cyanea glabra—a ...... Cyanea glabra. Maui 8—Cyanea hamatiflora ssp. hamatiflora—a ...... Cyanea hamatiflora ssp. hamatiflora..
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Unit name Species occupied Species unoccupied
Maui 8—Cyanea mceldowneyi—a ...... Cyanea mceldowneyi. Maui 8—Diplazium molokaiense—a ...... Diplazium molokaiense. Maui 8—Geranium multiflorum—a ...... Geranium multiflorum. Maui 8—Melicope balloui—a ...... Melicope balloui. Maui 8—Phlegmariurus mannii—a ...... Phlegmariurus mannii. Maui 8—Phyllostegia mannii—a ...... Phyllostegia mannii. Maui 8—Phyllostegia mollis—a ...... Phyllostegia mollis. Maui 8—Zanthoxylum hawaiiense—a ...... Zanthoxylum hawaiiense. Maui 9—Alectryon macrococcus—a ...... Alectryon macrococcus. Maui 9—Argyroxiphium sandwicense ssp. macrocephalum—a ...... Argyroxiphium sandwicense ssp. macrocephalum. Maui 9—Asplenium fragile var. insulare—a ...... Asplenium fragile var.insulare. Maui 9—Bidens micrantha ssp. kalealaha—a ...... Bidens micrantha ssp. kalealaha. Maui 9—Bidens micrantha ssp. kalealaha—b ...... Bidens micrantha ssp. kalealaha. Maui 9—Clermontia lindseyana—a ...... Clermontia lindseyana. Maui 9—Clermontia lindseyana—b ...... Clermontia lindseyana. Maui 9—Clermontia samuelii—a ...... Clermontia samuelii. Maui 9—Cyanea copelandii ssp. haleakalaensis—b ...... Cyanea copelandii ssp. haleakalaensis. Maui 9—Cyanea glabra—b ...... Cyanea glabra. Maui 9—Cyanea glabra—c ...... Cyanea glabra. Maui 9—Cyanea hamatiflora ssp. hamatiflora—b ...... Cyanea hamatiflora ssp. hamatiflora. Maui 9—Diellia erecta—a ...... Diellia erecta. Maui 9—Diellia erecta—b ...... Diellia erecta. Maui 9—Diplazium molokaiense—b ...... Diplazium molokaiense. Maui 9—Flueggea neowawraea—a ...... Flueggea neowawraea. Maui 9—Geranium arboreum—a ...... Geranium arboreum. Maui 9—Geranium multiflorum—b ...... Geranium multiflorum. Maui 9—Geranium multiflorum—c ...... Geranium multiflorum. Maui 9—Lipochaeta kamolensis—a ...... Lipochaeta kamolensis. Maui 9—Melicope balloui—b ...... Melicope balloui. Maui 9—Melicope knudsenii—a ...... Melicope knudsenii. Maui 9—Melicope mucronulata—a ...... Melicope mucronulata. Maui 9—Melicope ovalis—a ...... Melicope ovalis. Maui 9—Neraudia sericea—a ...... Neraudia sericea. Maui 9—Nototrichium humile—a ...... Nototrichium humile. Maui 9—Phlegmariurus mannii—b ...... Phlegmariurus mannii. Maui 9—Phlegmariurus mannii—c ...... Phlegmariurus mannii. Maui 9—Phyllostegia mollis—b ...... Phyllostegia mollis. Maui 9—Plantago princeps—a ...... Plantago princeps. Maui 9—Platanthera holochila—a ...... Platanthera holochila. Maui 9—Schiedea haleakalensis—a ...... Schiedea haleakalensis. Maui 9—Schiedea haleakalensis—b ...... Schiedea haleakalensis. Maui 10—Alectryon macrococcus—b ...... Alectryon macrococcus. Maui 11—Lipochaeta kamolensis—b ...... Lipochaeta kamolensis. Maui 12—Vigna o-wahuensis—a ...... Vigna o-wahuensis. Maui 13—Alectryon macrococcus—c ...... Alectryon macrococcus. Maui 13—Bonamia menziesii—a ...... Bonamia menziesii. Maui 13—Cenchrus agrimonioides—a ...... Cenchrus agrimonioides. Maui 13—Colubrina oppositifolia—a ...... Colubrina oppositifolia. Maui 13—Flueggea neowawraea—b ...... Flueggea neowawraea. Maui 13—Melicope adscendens—a ...... Melicope adscendens. Maui 13—Melicope knudsenii—b ...... Melicope knudsenii. Maui 13—Melicope mucronulata—b ...... Melicope mucronulata. Maui 13—Sesbania tomentosa—b ...... Sesbania tomentosa. Maui 13—Spermolepis hawaiiensis—a ...... Spermolepis hawaiiensis. Maui 14—Geranium arboreum—b ...... Geranium arboreum. Maui 15—Geranium arboreum—c ...... Geranium arboreum. Maui 16—Hibiscus brackenridgei—a ...... Hibiscus brackenridgei. Maui 17—Alectryon macrococcus—d ...... Alectryon macrococcus. Maui 17—Alectryon macrococcus—e ...... Alectryon macrococcus. Maui 17—Cenchrus agrimonioides—b ...... Cenchrus agrimonioides. Maui 17—Clermontia oblongifolia ssp. mauiensis—a ...... Clermontia oblongifolia ssp. mauiensis. Maui 17—Clermontia oblongifolia ssp. mauiensis—b ...... Clermontia oblongifolia ssp. mauiensis. Maui 17—Clermontia oblongifolia ssp. mauiensis—c ...... Clermontia oblongifolia ssp. mauiensis. Maui 17—Colubrina oppositifolia—b ...... Colubrina oppositifolia. Maui 17—Ctenitis squamigera—a ...... Ctenitis squamigera. Maui 17—Ctenitis squamigera—b ...... Ctenitis squamigera. Maui 17—Ctenitis squamigera—c ...... Ctenitis squamigera. Maui 17—Cyanea glabra—d ...... Cyanea glabra.
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Unit name Species occupied Species unoccupied
Maui 17—Cyanea glabra—e ...... Cyanea glabra. Maui 17—Cyanea glabra—f ...... Cyanea glabra. Maui 17—Cyanea glabra—g ...... Cyanea glabra. Maui 17—Cyanea grimesiana ssp. grimesiana—a ...... Cyanea grimesiana ssp. grimesiana. Maui 17—Cyanea lobata—a ...... Cyanea lobata. Maui 17—Cyanea lobata—b ...... Cyanea lobata. Maui 17—Cyanea lobata—c ...... Cyanea lobata. Maui 17—Cyrtandra munroi—a ...... Cyrtandra munroi. Maui 17—Cyrtandra munroi—b ...... Cyrtandra munroi. Maui 17—Cyrtandra munroi—c ...... Cyrtandra munroi. Maui 17—Diellia erecta—c ...... Diellia erecta. Maui 17—Diellia erecta—d ...... Diellia erecta. Maui 17—Diellia erecta—e ...... Diellia erecta. Maui 17—Diellia erecta—f ...... Diellia erecta. Maui 17—Diplazium molokaiense—c ...... Diplazium molokaiense. Maui 17—Dubautia plantaginea ssp. humilis—a ...... Dubautia plantaginea ssp. humilis. Maui 17—Dubautia plantaginea ssp. humilis—b ...... Dubautia plantaginea ssp. humilis. Maui 17—Dubautia plantaginea ssp. humilis—c ...... Dubautia plantaginea ssp. humilis. Maui 17—Gouania vitifolia—a ...... Gouania vitifolia. Maui 17—Hedyotis coriacea—a ...... Hedyotis coriacea. Maui 17—Hedyotis coriacea—b ...... Hedyotis coriacea. Maui 17—Hedyotis mannii—a ...... Hedyotis mannii. Maui 17—Hesperomannia arbuscula—a ...... Hesperomannia arbuscula. Maui 17—Hesperomannia arbuscula—b ...... Hesperomannia arbuscula. Maui 17—Hibiscus brackenridgei—b ...... Hibiscus brackenridgei. Maui 17—Isodendrion pyrifolium—a ...... Isodendrion pyrifolium. Maui 17—Lysimachia lydgatei—a ...... Lysimachia lydgatei. Maui 17—Lysimachia lydgatei—b ...... Lysimachia lydgatei. Maui 17—Lysimachia lydgatei—c ...... Lysimachia lydgatei. Maui 17—Lysimachia lydgatei—d ...... Lysimachia lydgatei. Maui 17—Lysimachia lydgatei—e ...... Lysimachia lydgatei. Maui 17—Neraudia sericea—b ...... Neraudia sericea. Maui 17—Peucedanum sandwicense—b ...... Peucedanum sandwicense. Maui 17—Phlegmariurus mannii—d ...... Phlegmariurus mannii. Maui 17—Phlegmariurus mannii—e ...... Phlegmariurus mannii. Maui 17—Plantago princeps—b ...... Plantago princeps. Maui 17—Platanthera holochila—b ...... Platanthera holochila. Maui 17—Platanthera holochila—c ...... Platanthera holochila. Maui 17—Pteris lidgatei—a ...... Pteris lidgatei. Maui 17—Pteris lidgatei—b ...... Pteris lidgatei. Maui 17—Remya mauiensis—a ...... Remya mauiensis. Maui 17—Remya mauiensis—b ...... Remya mauiensis. Maui 17—Remya mauiensis—c ...... Remya mauiensis. Maui 17—Sanicula purpurea—a ...... Sanicula purpurea. Maui 17—Sanicula purpurea—b ...... Sanicula purpurea. Maui 17—Sanicula purpurea—c ...... Sanicula purpurea. Maui 17—Spermolepis hawaiiensis—b ...... Spermolepis hawaiiensis. Maui 17—Tetramolopium capillare—a ...... Tetramolopium capillare. Maui 17—Tetramolopium remyi—a ...... Tetramolopium remyi. Maui 18—Alectryon macrococcus—f ...... Alectryon macrococcus. Maui 18—Colubrina oppositifolia—c ...... Colubrina oppositifolia. Maui 18—Ctenitis squamigera—d ...... Ctenitis squamigera. Maui 18—Remya mauiensis—d ...... Remya mauiensis.
(cxxxix) Critical habitat unit coastline: 741288, 2270367; 739913, 2272628; 742578, 2272668; 742844, descriptions and maps, and a 2271787; 739924, 2271802; 740037, 2272680; 743224, 2272571; 743406, description of primary constituent 2271790; 740156, 2271842; 740226, 2272470; 743438, 2272325; 743389, elements, for Family Rhamnaceae: 2271995; 740142, 2272051; 740036, 2272115; 743244, 2271885; 743103, Gouania hillebrandi on the island of 2272014; 740031, 2272022; 740031, 2271711; 742901, 2271404; 742784, Maui is provided in 50 CFR 17.96(a). 2272025; 740030, 2272030; 740266, 2271259; 742687, 2271170; 742453, (2) Kahoolawe. Critical habitat units 2272329; 740273, 2272338; 740375, 2271077; 742344, 2271053; 742190, are described below. Coordinates in 2272265; 740467, 2272316; 740500, 2271025; 741883, 2270952; 741673, UTM Zone 4 with units in meters using 2272422; 740407, 2272520; 740392, 2270912; 741508, 2270875; 741415, North American Datum of 1983 2272537; 740396, 2272546; 740401, 2270795; 741326, 2270714; 741290, (NAD83). 2272558; 740521, 2272815; 740529, 2270597; 741282, 2270508; 741286, (i) Kahoolawe 1—Kanaloa 2272822; 740631, 2272765; 741148, 2270423; 741288, 2270367; return to kahoolawensis—a (62 ha; 1,388 ac). 2272741; 741302, 2272644; 741524, starting point. (A) Unit consists of the following 53 2272620; 741689, 2272648; 742016, boundary points and the intermediate 2272620; 742142, 2272660; 742340,
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(B) Note: Map 138 follows : (ii) Kahoolawe 2—Kanaloa 2272326; 757101, 2272408; 756891, kahoolawensis—b (613 ha; 1,516 ac). 2272366; 756608, 2272333; 756386, (A) Unit consists of the following 131 2272378; 756271, 2272488; 756198, boundary points and the intermediate 2272593; 756078, 2272571; 755795, BILLING CODE 4310–55–P coastline: 756526, 2276870; 756534, 2272388; 755508, 2272205; 755210, 2276893; 748810, 2270407; 748804, 2272115; 754942, 2272025; 754947, 2270414; 748801, 2270602; 748829, 2272036; 754785, 2271960; 754550, 2270694; 748896, 2270675; 748956, 2271868; 754339, 2271898; 754289, 2270592; 749080, 2270581; 749149, 2272068; 754297, 2272223; 754327, 2270650; 749452, 2271037; 749659, 2272463; 754339, 2272518; 754412, 2271200; 749547, 2271037; 749432, 2273006; 754327, 2273668; 754665, 2270760; 749397, 2270670; 749534, 2274523; 754833, 2274812; 754954, 2270492; 749529, 2270389; 749599, 2275312; 754948, 2275650; 754918, 2270339; 749724, 2270439; 749837, 2275963; 755008, 2276059; 755062, 2270680; 749914, 2270865; 749962, 2276282; 755068, 2276565; 755008, 2271002; 750002, 2271142; 750187, 2276710; 755767, 2276457; 756140, 2271420; 750335, 2271525; 750605, 2276495; 756363, 2276718; 756518, 2271469; 750812, 2271310; 750943, 2276871; 756526, 2276870; return to 2271192; 750958, 2270952; 750945, starting point. 2270692; 751093, 2270402; 751195, 2270154; 751278, 2270019; 751272, (B) Note: Map 139 follows: 2270015; 751343, 2269909; 751373, 2270074; 751419, 2270068; 751438, 2269987; 751483, 2269952; 751538, 2270023; 751576, 2269978; 751565, 2269934; 751553, 2269794; 751670, 2269694; 751700, 2269639; 751893, 2269652; 751933, 2269679; 751928, 2269742; 752308, 2269927; 752533, 2270032; 752756, 2270029; 752909, 2270054; 752896, 2270169; 753054, 2270282; 753219, 2270392; 753537, 2270482; 753667, 2270557; 753667, 2270551; 753757, 2270587; 754009, 2270497; 754207, 2270480; 754355, 2270585; 754382, 2270807; 754562, 2270710; 754677, 2270807; 754877, 2270822; 755212, 2270710; 755390, 2270580; 755480, 2270660; 755510, 2270495; 755605, 2270439; 755680, 2270285; 755747, 2270135; 755897, 2270132; 755995, 2270202; 756108, 2270312; 756168, 2270405; 756226, 2270450; 756341, 2270495; 756393, 2270550; 756401, 2270645; 756338, 2270782; 756333, 2270950; 756408, 2271057; 756523, 2271185; 756716, 2271328; 756763, 2271353; 756916, 2271408; 757056, 2271503; 757164, 2271635; 757209, 2271808; 757224, 2271970; 757214, 2271970; 757214, 2272116; 757154, 2272171; 757116,
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(iii) Kahoolawe 3—Kanaloa kahoolawensis—c (5 ha; 12 ac). (A) Unit consists of the entire offshore island located at approximately: 749231, 2269900. (B) Note: Map 140 follows:
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BILLING CODE 4310–55–C
(iv) Table of Protected Species Within Each Critical Habitat Unit for Kahoolawe
Unit name Species occupied Species unoccupied
Kahoolawe 1—Kanaloa kahoolawensis—a ...... Kanaloa kahoolawensis. Kahoolawe 2—Kanaloa kahoolawensis—b ...... Kanaloa kahoolawensis. Kahoolawe 3—Kanaloa kahoolawensis—c ...... Kanaloa kahoolawensis.
(f) Plants on Maui and Kahoolawe; paragraph (e)(1) of this section, (i) Old cinder cones in dry shrubland Constituent elements. constitutes critical habitat for containing one or more of the following (1) Flowering Plants. Nototrichium humile on Maui. Within associated native species: Dodonaea this unit, the currently known primary viscosa, Erythrina sandwicensis, Family Amaranthaceae: Nototrichium constituent elements of critical habitat Heteropogon contortus, or Nototrichium humile (kului) include, but are not limited to, the sandwicense; and Maui 9—Nototrichium humile—a, habitat components provided by: (ii) Elevations between 338 and 734 m identified in the legal description in (1,110 and 2,407 ft).
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Family Apiaceae: Peucedanum one or more of the following associated tameiameiae, Santalum haleakalae, or sandwicense (makou) native species: Diospyros sp., Eragrostis Vaccinium reticulatum; and Maui 4—Peucedanum sandwicense— variabilis, Erythrina sandwicensis, (ii) Elevations between 1,317 and a and Maui 17—Peucedanum Gouania hillebrandii, Heteropogon 2,565 m (4,321 and 8,414 ft). sandwicense—b, identified in the legal contortus, Melanthera lavarum, Myoporum sandwicense, Pleomele sp., Family Asteraceae: Dubautia descriptions in paragraph (e)(1) of this plantaginea ssp. humilis (naenae) section, constitute critical habitat for Santalum ellipticum, Sida fallax, or Peucedanum sandwicense on Maui. Wikstroemia sp.; and Maui 17—Dubautia plantaginea ssp. Within these units, the currently known (ii) Elevations between 221 and 742 m humilis—a, Maui 17—Dubautia primary constituent elements of critical (725 and 2,434 ft). plantaginea ssp. humilis—b, and Maui habitat include, but are not limited to, Family Asteraceae: Argyroxiphium 17—Dubautia plantaginea ssp. the habitat components provided by: sandwicense ssp. macrocephalum humilis—c, identified in the legal (i) Sparsely vegetated steep to vertical (ahinahina) descriptions in paragraph (e)(1) of this cliff habitats with little soil in mesic or section, constitute critical habitat for Maui 9—Argyroxiphium sandwicense coastal communities and containing one Dubautia plantaginea ssp. humilis on ssp. macrocephalum—a, identified in or more of the following associated Maui. Within these units, the currently the legal description in paragraph (e)(1) native species: Artemisia australis, known primary constituent elements of of this section, constitutes critical Bidens spp., Carex spp., Chamaesyce critical habitat include, but are not spp., Diospyros sandwicensis, Eragrostis habitat for Argyroxiphium sandwicense limited to, the habitat components spp., Hedyotis littoralis, Lysimachia ssp. macrocephalum on Maui. Within provided by: this unit, the currently known primary mauritiana, Metrosideros polymorpha, (i) Wet, barren, steep, rocky, wind- constituent elements of critical habitat Pandanus tectorius, Peperomia spp., blown cliffs containing one or more of include, but are not limited to, the Scaevola taccada, or Schiedea globosa; the following associated native plant habitat components provided by: and species: Bidens sp., Carex sp., Eragrostis (i) Lava flows and otherwise barren, (ii) Elevations between 0 and 1,132 m variabilis, Hedyotis formosa, unstable slopes of recent (less than (0 and 3,714 ft). Lysimachia remyi, Metrosideros several thousand years old) volcanic polymorpha, Pipturus albidus, Plantago Family Apiaceae: Sanicula purpurea cinder cones, or Deschampsia princeps, or Pritchardia sp.; and (NCN) grasslands; or a mean annual precipitation of approximately 75 to 250 (ii) Elevations between 291 and 1,593 Maui 17—Sanicula purpurea—a, m (955 and 5,226 ft). Maui 17—Sanicula purpurea—b, and cm (29.6 to 98.4 in); or substrate with Maui 17—Sanicula purpurea—c, almost no soil development and subject Family Asteraceae: Hesperomannia identified in the legal descriptions in to frequent formation of ice at night and arbuscula (NCN) extreme heating during cloudless days; paragraph (e)(1) of this section, Maui 17—Hesperomannia constitute critical habitat for Sanicula or alpine dry shrubland; and the presence of one or more of the following arbuscula—a and Maui 17— purpurea on Maui. Within these units, Hesperomannia arbuscula—b, the currently known primary associated native plant species: Agrostis identified in the legal descriptions in constituent elements of critical habitat sandwicensis, Deschampsia nubigena, paragraph (e)(1) of this section, include, but are not limited to, the Dubautia menziesii, Leptecophylla constitute critical habitat for habitat components provided by: tameiameiae, Silene struthioloides, (i) Open Metrosideros polymorpha Tetramolopium humile, or Trisetum Hesperomannia arbuscula on Maui. mixed montane bogs and containing one glomeratum; and Within these units, the currently known or more of the following associated (ii) Elevations between 1,508 and primary constituent elements of critical native plant taxa: Argyroxiphium 3,053 m (4,947 and 10,016 ft). habitat include, but are not limited to, caliginis, Argyroxiphium grayanum, the habitat components provided by: Family Asteraceae: Bidens micrantha (i) Steep forested slopes and ridges in Gahnia beecheyi, Geranium ssp. kalealaha (kookoolau) hillebrandii, Lagenifera maviensis, mesic forest dominated by Metrosideros Leptecophylla tameiameiae, Maui 9—Bidens micrantha ssp. polymorpha or Diospyros sandwicensis Lycopodium sp., Machaerina sp., kalealaha—a and Maui 9—Bidens and containing one or more of the Myrsine vaccinioides, Oreobolus micrantha ssp. kalealaha—b, identified following associated native plant furcatus, Plantago pachyphylla, or Viola in the legal descriptions in paragraph species: Alyxia oliviformis, Bidens sp., maviensis; and (e)(1) of this section, constitute critical Cheirodendron sp., Clermontia sp., (ii) Elevations between 1,195 and habitat for Bidens micrantha ssp. Cyanea sp., Psychotria sp., or 1,761 m (3,921 and 5,778 ft). kalealaha on Maui. Within these units, Tetraplasandra sp.; and the currently known primary (ii) Elevations between 412 and 1,422 Family Apiaceae: Spermolepis constituent elements of critical habitat m (1,352 and 4,665 ft). hawaiiensis (NCN) include, but are not limited to, the Family Asteraceae: Lipochaeta Maui 13—Spermolepis hawaiiensis— habitat components provided by: kamolensis (nehe) a, and Maui 17—Spermolepis (i) Blocky lava flows with little or no hawaiiensis—b, identified in the legal soil development, or deep pit craters, or Maui 9—Lipochaeta kamolensis—a descriptions in paragraph (e)(1) of this sheer rock walls in open canopy and Maui 11—Lipochaeta kamolensis— section, constitute critical habitat for Metrosideros polymorpha-Acacia koa b, identified in the legal descriptions in Spermolepis hawaiiensis on Maui. forest; montane shrubland; Sophora paragraph (e)(1) of this section, Within these units, the currently known chrysophylla forest or cliff face, and the constitute critical habitat for Lipochaeta primary constituent elements of critical presence of one or more of the following kamolensis on Maui. Within these units, habitat include, but are not limited to, associated native plant species: the currently known primary the habitat components provided by: Coprosma montana, Dodonaea viscosa, constituent elements of critical habitat (i) Shady spots in Dodonaea viscosa Dubautia menziesii, Dubautia include, but are not limited to, the lowland dry shrubland and containing platyphylla, Leptecophylla habitat components provided by:
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(i) Gulches or gentle slopes outside constituent elements of critical habitat on Maui. Within these units, the gulches in dry shrubland and containing include, but are not limited to, the currently known primary constituent one or more of the following associated habitat components provided by: elements of critical habitat include, but native plant species: Dodonaea viscosa, (i) Dry, exposed ridges or flats in are not limited to, the habitat Ipomoea indica, or Plumbago zeylanica; lowland dry shrubland and containing components provided by: and one or more of the following associated (i) The sides and tops of ridges in (ii) Elevations between 40 and 602 m native plant species: Bidens mauiensis, Metrosideros polymorpha-dominated (132 and 1,974 ft). Bidens menziesii, Dodonaea viscosa, montane wet forest and containing one Eragrostis atropioides, Heteropogon or more of the following associated Family Asteraceae: Remya mauiensis contortus, Lipochaeta heterophylla, or native plant species: Cheirodendron sp., (NCN) Waltheria indica; and Clermontia sp., Coprosma sp., Maui 17—Remya mauiensis—a, Maui (ii) Elevations between 85 and 550 m Dicranopteris linearis, Hedyotis sp., Ilex 17—Remya mauiensis—b, Maui 17— (279 and 1,804 ft). anomala, Melicope sp., or Myrsine sp.; Remya mauiensis—c, and Maui 18— and Family Campanulaceae: Brighamia Remya mauiensis—d, identified in the (ii) Elevations between 539 and 1,738 rockii (pua ala) legal descriptions in paragraph (e)(1) of m (1,768 and 5,702 ft). this section, constitute critical habitat Maui 2—Brighamia rockii—a, Maui Clermontia for Remya mauiensis on Maui. Within 2—Brighamia rockii—b, Maui 3— Family Campanulaceae: samuelii these units, the currently known Brighamia rockii—c, Maui 4— (oha wai) primary constituent elements of critical Brighamia rockii—d, and Maui 5— Maui 9—Clermontia samuelii—a, habitat include, but are not limited to, Brighamia rockii—e, identified in the identified in the legal description in the habitat components provided by: legal descriptions in paragraph (e)(1) of paragraph (e)(1) of this section, (i) Steep, north or northeast-facing this section, constitute critical habitat constitutes critical habitat for slopes in mixed mesophytic forests or for Brighamia rockii on Maui. Within Clermontia samuelii on Maui. Within Metrosideros polymorpha montane wet these units, the currently known this unit, the currently known primary forests and containing one or more of primary constituent elements of critical constituent elements of critical habitat the following associated native species: habitat include, but are not limited to, include, but are not limited to, the Alyxia oliviformis, Diospyros the habitat components provided by: habitat components provided by: sandwicensis, Diplazium (i) Steep sea cliffs, often within the (i) Wet Metrosideros polymorpha and sandwichianum, Dodonaea viscosa, spray zone, in coastal dry to mesic M. polymorpha-Dicranopteris linearis Leptecophylla tameiameiae, Lysimachia forests and shrublands and containing forest or wet M. polymorpha and M. remyi, Melicope sp., Microlepia strigosa, one or more of the following associated polymorpha-Cheirodendron trigynum Myrsine lessertiana, Nestegis plant species: Diospyros sandwicensis, forest containing one or more of the sandwicensis, Pleomele auwahiensis, Osteomeles anthyllidifolia, Psydrax following associated native plant Psychotria mariniana, Wikstroemia sp., odorata, or Scaevola taccada; and species: Adenophorus tamariscinus, or Xylosma hawaiiense; and (ii) Elevations between 0 and 146 m Broussaisia arguta, Carex alligata, (ii) Elevations between 435 and 1,228 (0 and 479 ft). Cibotium spp., Clermontia arborescens m (1,427 and 4,029 ft). ssp. waihiae, Clermontia sp., Diplazium Family Campanulaceae: Clermontia sandwichianum, Dubautia sp., Hedyotis Tetramolopium lindseyana (haha) Family Asteraceae: hillebrandii, Hedyotis terminalis, capillare (pamakani) Maui 9—Clermontia lindseyana—a Hedyotis sp., Melicope clusiifolia, Maui 17—Tetramolopium capillare— and Maui 9—Clermontia lindseyana—b, Melicope spp., Peperomia obovatilimba, a, identified in the legal description in identified in the legal descriptions in Psychotria mariniana, Rubus paragraph (e)(1) of this section, paragraph (e)(1) of this section, hawaiiensis, Tetraplasandra oahuensis, constitutes critical habitat for constitute critical habitat for Clermontia or Vaccinium spp.; and Tetramolopium capillare on Maui. lindseyana on Maui. Within these units, (ii) Elevations between 724 and 2,244 Within this unit, the currently known the currently known primary m (2,375 and 7,362 ft). primary constituent elements of critical constituent elements of critical habitat Family Campanulaceae: Cyanea habitat include, but are not limited to, include, but are not limited to, the copelandii ssp. haleakalaensis the habitat components provided by: habitat components provided by: (haha) (i) Rocky substrates in Heteropogon (i) Acacia koa mesic forest containing contortus lowland dry forest or in one or more of the following associated Maui 8—Cyanea copelandii ssp. Metrosideros polymorpha-Leptecophylla native plant species: Coprosma sp., haleakalaensis—a and Maui 9—Cyanea tameiameiae montane mesic or wet Cyrtandra spp., Ilex anomala, Myrsine copelandii ssp. haleakalaensis—b, shrubland and wet cliff faces and sp., or native fern species; and identified in the legal descriptions in containing one or more of the following (ii) Elevations between 1,147 and paragraph (e)(1) of this section, associated plant species: Dodonaea 1,868 m (3,762 and 6,129 ft). constitute critical habitat for Cyanea copelandii ssp. haleakalaensis on Maui. viscosa or Myoporum sandwicense; and Family Campanulaceae: Clermontia (ii) Elevations between 155 and 1,432 Within these units, the currently known oblongifolia ssp. mauiensis (oha eai) m (509 and 4,698 ft). primary constituent elements of critical Maui 17—Clermontia oblongifolia habitat include, but are not limited to, Tetramolopium Family Asteraceae: ssp. mauiensis—a, Maui 17— the habitat components provided by: remyi (NCN) Clermontia oblongifolia ssp. (i) Stream banks or wet scree slopes Maui 17—Tetramolopium remyi—a, mauiensis—b, and Maui 17— or forest understory in montane wet or identified in the legal description in Clermontia oblongifolia ssp. mesic forest dominated by Acacia koa paragraph (e)(1) of this section, mauiensis—c, identified in the legal and/or Metrosideros polymorpha and constitutes critical habitat for descriptions in paragraph (e)(1) of this containing one or more of the following Tetramolopium remyi on Maui. Within section, constitute critical habitat for associated native plant species: this unit, the currently known primary Clermontia oblongifolia ssp. mauiensis Broussaisia arguta, Cibotium sp.,
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Hedyotis acuminata, Perrottetia hamatiflora ssp. hamatiflora on Maui. (ii) Elevations between 837 and 1,348 sandwicensis, or Psychotria Within these units, the currently known m (2,745 and 4,423 ft). hawaiiensis; and primary constituent elements of critical Family Caryophyllaceae: Schiedea (ii) Elevations between 616 and 1,411 habitat include, but are not limited to, haleakalensis (NCN) m (2,021 and 4,630 ft). the habitat components provided by: (i) Montane wet forest dominated by Maui 9—Schiedea haleakalensis—a Family Campanulaceae: Cyanea and Maui 9—Schiedea haleakalensis— glabra (haha) Metrosideros polymorpha, with a Cibotium sp. and/or native shrub b, identified in the legal descriptions in Maui 8—Cyanea glabra—a, Maui 9— understory or closed Acacia koa- paragraph (e)(1) of this section, Cyanea glabra—b, Maui 9—Cyanea Metrosideros polymorpha wet forest constitute critical habitat for Schiedea glabra—c, Maui 17—Cyanea glabra—d, containing one or more of the following haleakalensis on Maui. Within these Maui 17—Cyanea glabra—e, Maui 17— associated native plant species: units, the currently known primary Cyanea glabra—f, and Maui 17—Cyanea Athyrium microphyllum, Broussaisia constituent elements of critical habitat glabra—g, identified in the legal arguta, Cheirodendron trigynum, include, but are not limited to, the descriptions in paragraph (e)(1) of this Cyanea aculeatiflora, Cyanea habitat components provided by: section, constitute critical habitat for kunthiana, Dicranopteris linearis, (i) Rock cracks on sheer cliffs adjacent Cyanea glabra on Maui. Within these Diplazium sandwichianum, Melicope to barren lava and subalpine units, the currently known primary sp., Myrsine sp., or Vaccinium sp.; and shrublands; or grasslands with cinder, constituent elements of critical habitat (ii) Elevations between 767 and 1,553 or weathered volcanic ash, or bare lava include, but are not limited to, the m (2,515 and 5,095 ft). substrate with little or no soil habitat components provided by: development and periodic freezing (i) Soil and rock stream banks in wet Family Campanulaceae: Cyanea temperatures; and containing one or lowland forest dominated by Acacia koa lobata (haha) more of the following associated native and/or Metrosideros polymorpha and Maui 17—Cyanea lobata—a, Maui plant species: Artemisia mauiensis, containing one or more of the following 17—Cyanea lobata—b, and Maui 17— Bidens micrantha, Dubautia menziesii, associated native plant species: Cyanea lobata—c, identified in the legal Leptecophylla tameiameiae, Vaccinium Boehmeria grandis, Cheirodendron descriptions in paragraph (e)(1) of this reticulatum, or Viola chamissoniana; trigynum, Christella cyatheoides, section, constitute critical habitat for and Cibotium sp., Clermontia kakeana, Cyanea lobata on Maui. Within these (ii) Elevations between 1,678 and Coprosma sp., Cyanea elliptica, units, the currently known primary 2,434 m (5,505 and 7,986 ft). Diplazium sp., Dodonaea viscosa, constituent elements of critical habitat Family Convolvulaceae: Bonamia Dubautia plantaginea, Perrottetia include, but are not limited to, the menziesii (NCN) sandwicensis, Pipturus albidus, habitat components provided by: Psychotria sp., Sadleria sp., Touchardia Maui 13—Bonamia menziesii—a, (i) Steep stream banks in deep shade identified in the legal description in latifolia, or Xylosma hawaiiense or; and in wet forest and containing one or more (ii) Elevations between 413 and 1,569 paragraph (e)(1) of this section, of the following associated native plant m (1,355 and 5,149 ft). constitutes critical habitat for Bonamia species: Antidesma sp., Athyrium sp., menziesii on Maui. Within this unit, the Family Campanulaceae: Cyanea Clermontia kakeana, Cyrtandra spp., currently known primary constituent grimesiana ssp. grimesiana (haha) Freycinetia arborea, Metrosideros elements of critical habitat include, but Maui 17—Cyanea grimesiana ssp. polymorpha, Morinda trimera, are not limited to, the habitat grimesiana—a, identified in the legal Peperomia sp., Pipturus albidus, components provided by: description in paragraph (e)(1) of this Pleomele sp., Psychotria sp., (i) Aa lava in mixed open dry forest section, constitutes critical habitat for Touchardia latifolia, or Xylosma sp.; or Erythrina sandwicensis lowland dry Cyanea grimesiana ssp. grimesiana on and forest, or in mesic mixed Metrosideros Maui. Within this unit, the currently (ii) Elevations between 260 and 1,530 polymorpha forest and containing one known primary constituent elements of m (853 and 5,020 ft). or more of the following associated critical habitat include, but are not Family Campanulaceae: Cyanea native plant species: Acacia koaia, limited to, the habitat components mceldowneyi (haha) Achyranthes splendens, Alphitonia provided by: ponderosa, Alyxia oliviformis, (i) Rocky or steep slopes of stream Maui 8—Cyanea mceldowneyi—a, Diospyros sandwicensis, Dodonaea banks in wet forest gulch bottoms often identified in the legal description in viscosa, Lipochaeta rockii, Myoporum dominated by Metrosideros polymorpha paragraph (e)(1) of this section, sandwicense, Nestegis sandwicensis, and containing one or more of the constitutes critical habitat for Cyanea Nothocestrum latifolium, Nototrichium following associated native plant mceldowneyi on Maui. Within this unit, sp., Osteomeles anthyllidifolia, species: Antidesma sp., Bobea sp., the currently known primary Pleomele auwahiensis, Pouteria Myrsine sp., Nestegis sandwicensis, constituent elements of critical habitat sandwicensis, Reynoldsia sandwicensis, Psychotria sp., or Xylosma sp.; and include, but are not limited to, the Santalum ellipticum, Sicyos sp., Sida (ii) Elevations between 312 and 1,617 habitat components provided by: fallax, or Xylosma hawaiiensis; and m (1,024 and 5,305 ft). (i) Montane wet and mesic forest with (ii) Elevations between 221 and 836 m mixed Metrosideros polymorpha-Acacia (725 and 2,743 ft). Family Campanulaceae: Cyanea koa and containing one or more of the hamatiflora ssp. hamatiflora (haha) following associated native plant Family Cyperaceae: Mariscus Maui 8—Cyanea hamatiflora ssp. species: Broussaisia arguta, pennatiformis (NCN) hamatiflora—a and Maui 9—Cyanea Cheirodendron trigynum, Cibotium sp., Maui 6—Mariscus pennatiformis—a, hamatiflora ssp. hamatiflora—b, Clermontia arborescens, Cyrtandra sp., identified in the legal description in identified in the legal descriptions in Dicranopteris linearis, Diplazium paragraph (e)(1) of this section, paragraph (e)(1) of this section, sandwichianum, Hedyotis sp., or constitutes critical habitat for Mariscus constitute critical habitat for Cyanea Melicope clusiifolia; and pennatiformis on Maui. Within this
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unit, the currently known primary Family Fabaceae: Sesbania Family Geraniaceae: Geranium constituent elements of critical habitat tomentosa (ohai) arboreum (nohoanu) include, but are not limited to, the Maui 9—Geranium arboreum—a, habitat components provided by: Maui 1—Sesbania tomentosa—a and Maui 13—Sesbania tomentosa—b, Maui 14—Geranium arboreum—b, and (i) Cliffs with brown soil and talus Maui 15—Geranium arboreum—c, within reach of ocean spray in identified in the legal descriptions in paragraph (e)(1) of this section, identified in the legal descriptions in Pandanus tectorius coastal wet forests paragraph (e)(1) of this section, constitute critical habitat for Sesbania and containing one or more of the constitute critical habitat for Geranium tomentosa on Maui. Within these units, following associated native plant arboreum on Maui. Within these units, the currently known primary species: Cyperus laevigatus, Eragrostis the currently known primary constituent elements of critical habitat spp., Ipomoea sp., Lysimachia constituent elements of critical habitat include, but are not limited to, the mauritiana, or Sadleria pallida; and include, but are not limited to, the habitat components provided by: (ii) Elevations between 0 and 134 m habitat components provided by: (0 and 440 ft). (i) Windswept slopes, sea cliffs, and (i) Steep, damp and shaded narrow cinder cones in Scaevola taccada canyons and gulches, steep banks, and Family Euphorbiaceae: Flueggea coastal dry shrublands and containing intermittent streams in Sophora neowawraea (mehamehame) one or more of the following associated chrysophylla subalpine dry shrubland Maui 9—Flueggea neowawraea—a native plant species: Bidens sp., or Metrosideros polymorpha montane and Maui 13—Flueggea neowawraea— Diospyros sandwicensis, Dodonaea forest and containing one or more of the b, identified in the legal descriptions in viscosa, Jacquemontia ovalifolia ssp. following associated native plant paragraph (e)(1) of this section, sandwicensis, Melanthera integrifolia, species: Dodonaea viscosa, Dryopteris constitute critical habitat for Flueggea or Sida fallax; and wallichiana, Leptecophylla neowawraea on Maui. Within these (ii) Elevations between 0 and 542 m tameiameiae, Rubus hawaiiensis, or units, the currently known primary (0 and 1,778 ft). Vaccinium reticulatum; and constituent elements of critical habitat (ii) Elevations between 1,472 and include, but are not limited to, the Family Fabaceae: Vigna o-wahuensis 2,184 m (4,830 and 7,164 ft). (NCN) habitat components provided by: Family Geraniaceae: Geranium (i) Dry or mesic forest containing one Maui 12—Vigna o-wahuensis—a, multiflorum (nohoanu) or more of the following associated identified in the legal description in native plant species: Alectryon Maui 8—Geranium multiflorum—a, paragraph (e)(1) of this section, macrococcus, Antidesma pulvinatum, Maui 9—Geranium multiflorum—b, and constitutes critical habitat for Vigna o- Bobea timonioides, Charpentiera sp., Maui 9—Geranium multiflorum—c, wahuensis on Maui. Within this unit, Diospyros sp., Diplazium identified in the legal descriptions in the currently known primary sandwichianum, Myrsine lanaiensis, paragraph (e)(1) of this section, constituent elements of critical habitat Nesoluma polynesicum, Nestegis constitute critical habitat for Geranium include, but are not limited to, the sandwicensis, Pleomele auwahiensis, multiflorum on Maui. Within these habitat components provided by: Pleomele sp., Pouteria sandwicensis, units, the currently known primary constituent elements of critical habitat Psydrax odorata, Rauvolfia (i) Dry or mesic grassland or include, but are not limited to, the sandwicensis, or Tetraplasandra sp.; shrubland containing one or more of the following associated plant species: habitat components provided by: and (i) Wet or mesic Metrosideros (ii) Elevations between 633 and 971 m Chamaesyce sp., or Dodonaea viscosa; and polymorpha montane forest or alpine (2,078 and 3,186 ft). mesic forest, Leptecophylla Family Fabaceae: Kanaloa (ii) Elevations between 0 and 50 m (0 tameiameiae shrubland, Sophora kahoolawensis (kohe malama malama and 164 ft). chrysophylla subalpine dry forest, open o Kanaloa) Family Gentianaceae: Centaurium sedge swamps, fog-swept lava flows, or sebaeoides (awiwi) montane grasslands and containing one Kahoolawe 1— Kanaloa or more of the following associated kahoolawensis—a, Kahoolawe 2— Maui 1—Centaurium sebaeoides—a native plant species: Coprosma Kanaloa kahoolawensis—b, and and Maui 2—Centaurium sebaeoides— montana, Dryopteris glabra, Dryopteris Kahoolawe 3—Kanaloa b, identified in the legal descriptions in wallichiana, Hedyotis sp., Leptecophylla kahoolawensis—c, identified in the paragraph (e)(1) of this section, tameiameiae Metrosideros polymorpha, legal descriptions in paragraph (e)(2) of constitute critical habitat for Rubus hawaiiensis, Sadleria this section, constitute critical habitat Centaurium sebaeoides on Maui. Within cyatheoides, or Vaccinium sp.; and for Kanaloa kahoolawensis on these units, the currently known (ii) Elevations between 1,538 and Kahoolawe. Within these units, the primary constituent elements of critical 2,710 m (5,045 and 8,890 ft). currently known primary constituent habitat include, but are not limited to, elements of critical habitat include, but Family Gesneriaceae: Cyrtandra the habitat components provided by: are not limited to, the habitat munroi (haiwale) components provided by: (i) Volcanic or clay soils or cliffs, in Maui 17—Cyrtandra munroi—a, Maui (i) Steep, rocky talus slopes in mixed windward coastal areas, containing one 17—Cyrtandra munroi—b, and Maui coastal shrubland and containing one or or more of the following associated 17—Cyrtandra munroi—c, identified in more of the following associated native native plant species: Bidens mauiensis, the legal descriptions in paragraph (e)(1) plants: Bidens mauiensis, Capparis Lycium sandwicense, Melanthera of this section, constitute critical habitat sandwichiana, Melanthera lavarum, integrifolia, Panicum torridum, for Cyrtandra munroi on Maui. Within Portulaca molokiniensis, Senna Lysimachia mauritiana, Scaevola these units, the currently known gaudichaudii, or Sida fallax; and taccada, or Schiedea globosa; and primary constituent elements of critical (ii) Elevations between 0 and 305 m (ii) Elevations between 0 and 129 m habitat include, but are not limited to, (0 and 1,000 ft). (0 and 423 ft). the habitat components provided by:
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(i) Rich, moist to wet, moderately b, identified in the legal descriptions in polymorpha lowland wet forest, Acacia steep talus slopes in lowland wet paragraph (e)(1) of this section, koa-M. polymorpha montane wet forest, Metrosideros polymorpha forest and constitute critical habitat for Hibiscus or M. polymorpha montane wet containing one or more of the following brackenridgei on Maui. Within these shrubland and containing one or more associated native plant species: Alyxia units, the currently known primary of the following associated native plant oliviformis, Bobea sp., Clermontia sp., constituent elements of critical habitat species: Bidens micrantha ssp. Coprosma sp., Cyrtandra spp., include, but are not limited to, the kalealaha, Chamaesyce celastroides, Diospyros sp., Freycinetia arborea, habitat components provided by: Cyanea spp., Dryopteris sp., Dubautia Hedyotis acuminata, Melicope sp., (i) Lowland dry forest sometimes with menziesii, Dubautia plantaginea ssp. Myrsine sp., Perrottetia sandwicensis, Erythrina sandwicensis as the dominant humilis, Eragrostis variabilis, Hedyotis Pipturus sp., Pittosporum sp., Pouteria tree containing one or more of the formosa, Leptecophylla tameiameiae, sandwicensis, Psychotria sp., Sadleria following associated native plant Melicope ovalis, Perrottetia sp., Scaevola sp., Sicyos sp., species: Achyranthes sp., Chamaesyce sandwicensis, Pipturus albidus, or Strongylodon ruber, Xylosma sp., or celastroides var. lorifolia, Chenopodium Touchardia latifolia; and Zanthoxylum kauense; and sp., Diospyros sp., Dodonaea viscosa, (ii) Elevations between 281 and 2,460 (ii) Elevations between 468 and 1,108 Melanthera lavarum, Myoporum m (922 and 8,070 ft). m (1,535 and 3,635 ft). sandwicense, Nototrichium sp., annual Family Poaceae: Cenchrus Panicum spp., Psydrax odorata, Family Lamiaceae: Phyllostegia agrimonioides (kamanomano (= Schiedea salicaria, or Sida fallax; and mannii (NCN) (ii) Elevations between 85 and 771 m sandbur, agrimony)) Maui 8—Phyllostegia mannii—a, (279 and 2,530 ft). Maui 13—Cenchrus agrimonioides— identified in the legal description in a, and Maui 17—Cenchrus Platanthera paragraph (e)(1) of this section, Family Orchidaceae: agrimonioides—b, identified in the legal holochila constitutes critical habitat for (NCN) descriptions in paragraph (e)(1) of this Phyllostegia mannii on Maui. Within Maui 9—Platanthera holochila—a, section, constitute critical habitat for this unit, the currently known primary Maui 17—Platanthera holochila—b, and Cenchrus agrimonioides on Maui. constituent elements of critical habitat Maui 17—Platanthera holochila—c, Within these units, the currently known include, but are not limited to, the identified in the legal descriptions in primary constituent elements of critical habitat components provided by: paragraph (e)(1) of this section, habitat include, but are not limited to, (i) Gentle slopes and the steep sides constitute critical habitat for the habitat components provided by: of gulches in mesic to wet forest Platanthera holochila on Maui. Within (i) Dry forest or Pleomele sp.- dominated by Acacia koa and/or these units, the currently known Diospyros sp. forest and containing one Metrosideros polymorpha and primary constituent elements of critical or more of the following associated containing one or more of the following habitat include, but are not limited to, native plant species: Alyxia oliviformis, associated native plant species: Alyxia the habitat components provided by: Dodonaea viscosa, Osteomeles oliviformis, Cheirodendron trigynum, (i) Metrosideros polymorpha- anthyllidifolia, or Santalum ellipticum; Dicranopteris linearis, Diplazium Dicranopteris linearis montane wet and sandwichianum, Melicope spp., or forest, M. polymorpha mixed montane (ii) Elevations between 528 and 1,091 Myrsine lessertiana; and bog, or mesic scrubby M. polymorpha m (1,732 and 3,579 ft). (ii) Elevations between 1,069 and forest and containing one or more of the Family Poaceae: Ischaemum byrone 1,348 m (3,506 and 4,421 ft). following associated native plant species: Broussaisia arguta, Cibotium (Hilo ischaemum) Phyllostegia Family Lamiaceae: sp., Clermontia sp., Coprosma Maui 6—Ischaemum byrone—a and mollis (NCN) ernodeoides, Deschampsia nubigena, Maui 7—Ischaemum byrone—b, Maui 8—Phyllostegia mollis—a and Dubautia scabra, Gahnia gahniiformis, identified in the legal descriptions in Maui 9—Phyllostegia mollis—b, Leptecophylla tameiameiae, Luzula paragraph (e)(1) of this section, identified in the legal descriptions in hawaiiensis, Lycopodiella cernua, constitute critical habitat for Ischaemum paragraph (e)(1) of this section, Oreobolus furcatus, Polypodium byrone on Maui. Within these units, the constitute critical habitat for pellucidum, Sadleria sp., Scaevola currently known primary constituent Phyllostegia mollis on Maui. Within chamissoniana, Sisyrinchium acre, elements of critical habitat include, but these units, the currently known Vaccinium reticulatum, or Wikstroemia are not limited to, the habitat primary constituent elements of critical sp.; and components provided by: habitat include, but are not limited to, (ii) Elevations between 669 and 2,314 (i) Close proximity to the ocean, the habitat components provided by: m (2,195 and 7,592 ft). among rocks or on basalt cliffs in (i) Steep slopes and gulches in mesic windward coastal dry shrubland and Family Plantaginaceae: Plantago forest dominated by Metrosideros containing one or more of the following princeps (laukahi kuahiwi) polymorpha and/or Acacia koa and associated native plant species: Bidens containing one or more of the following Maui 9—Plantago princeps—a and sp., Fimbristylis cymosa, or Scaevola associated native plant species: Alyxia Maui 17—Plantago princeps—b, taccada; and oliviformis, Cheirodendron trigynum, identified in the legal descriptions in (ii) Elevations between 0 and 132 m Diplazium sandwichianum, Melicope paragraph (e)(1) of this section, (0 and 432 ft). constitute critical habitat for Plantago spp., or Myrsine lessertiana; and Family Primulaceae: Lysimachia (ii) Elevations between 1,164 and princeps on Maui. Within these units, lydgatei (NCN) 1,878 m (3,818 and 6,161 ft). the currently known primary constituent elements of critical habitat Maui 17—Lysimachia lydgatei—a, Hibiscus Family Malvaceae: include, but are not limited to, the Maui 17—Lysimachia lydgatei—b, Maui brackenridgei (mao hau hele) habitat components provided by: 17—Lysimachia lydgatei—c, Maui 17— Maui 16—Hibiscus brackenridgei—a (i) Basalt cliffs that are windblown Lysimachia lydgatei—d, and Maui 17— and Maui 17—Hibiscus brackenridgei— with little vegetation in Metrosideros Lysimachia lydgatei—e, identified in the
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legal descriptions in paragraph (e)(1) of sandwicensis, Pipturus albidus, mesic forest or open dry forest and this section, constitute critical habitat Psychotria sp., or Urera glabra; and containing one or more of the following for Lysimachia lydgatei on Maui. Within (ii) Elevations between 357 and 1,167 associated native plant species: these units, the currently known m (1,171 and 3,829 ft). Alphitonia ponderosa, Chamaesyce primary constituent elements of critical Family Rubiaceae: Hedyotis coriacea celastroides var. lorifolia, Leptecophylla habitat include, but are not limited to, (kioele) tameiameiae, Osteomeles the habitat components provided by: anthyllidifolia, Pouteria sandwicensis, (i) Sides of steep ridges in Maui 17—Hedyotis coriacea—a and Santalum ellipticum, or Xylosma Metrosideros polymorpha-Dicranopteris Maui 17—Hedyotis coriacea—b, hawaiiensis; and linearis-dominated wet to mesic identified in the legal descriptions in (ii) Elevations between 761 and 1,209 shrubland or M. polymorpha- paragraph (e)(1) of this section, m (2,497 and 3,967 ft). Cheirodendron spp. montane forest and constitute critical habitat for Hedyotis containing one or more of the following coriacea on Maui. Within these units, Family Rutaceae: Melicope balloui associated native plant species: Astelia the currently known primary (alani) sp., Broussaisia arguta, Coprosma spp., constituent elements of critical habitat Maui 8—Melicope balloui—a and Dodonaea viscosa, Eurya sandwicensis, include, but are not limited to, the Maui 9—Melicope balloui—b, identified Ilex anomala, Leptecophylla habitat components provided by: in the legal descriptions in paragraph tameiameiae, Lycopodium spp., (i) Steep, rocky slopes in dry lowland (e)(1) of this section, constitute critical Ochrosia spp., Vaccinium spp., or mat Dodonaea viscosa-dominated habitat for Melicope balloui on Maui. ferns such as Dicranopteris spp.; and shrublands and containing one or more Within these units, the currently known (ii) Elevations between 829 and 1,432 of the following associated native plant primary constituent elements of critical m (2,720 and 4,698 ft). species: Bidens menziesii, Gouania habitat include, but are not limited to, hillebrandii, Melanthera lavarum, the habitat components provided by: Family Rhamnaceae: Colubrina Myoporum sandwicense, Schiedea oppositifolia (kauila) (i) Mesic to wet forest containing one menziesii, or Sida fallax; and or more of the following associated Maui 13—Colubrina oppositifolia—a, (ii) Elevations between 159 and 754 m native plant species: Acacia koa, Maui 17—Colubrina oppositifolia—b, (522 and 2,474 ft). Cibotium chamissoi, Cibotium glaucum, and Maui 18—Colubrina oppositifolia— Family Rubiaceae: Hedyotis mannii Diplazium sandwichianum, Melicope c, identified in the legal descriptions in (pilo) clusiifolia, Metrosideros polymorpha, or paragraph (e)(1) of this section, Sadleria pallida; and constitute critical habitat for Colubrina Maui 17—Hedyotis mannii—a, (ii) Elevations between 781 and 1,544 oppositifolia on Maui. Within these identified in the legal description in m (2,561 and 5,267 ft). units, the currently known primary paragraph (e)(1) of this section, constituent elements of critical habitat constitutes critical habitat for Hedyotis Family Rutaceae: Melicope knudsenii include, but are not limited to, the mannii on Maui. Within this unit, the (alani) habitat components provided by: currently known primary constituent (i) Lowland dry and mesic forests elements of critical habitat include, but Maui 9—Melicope knudsenii—a and dominated by Diospyros sandwicensis are not limited to, the habitat Maui 13—Melicope knudsenii—b, and containing one or more of the components provided by: identified in the legal descriptions in following associated native plant (i) Basalt cliffs along stream banks in paragraph (e)(1) of this section, species: Bidens micrantha spp. Metrosideros polymorpha-Dicranopteris constitute critical habitat for Melicope micrantha, Canavalia spp., Dodonaea linearis montane wet forest and knudsenii on Maui. Within these units, viscosa, Freycinetia arborea, containing one or more of the following the currently known primary Metrosideros polymorpha, Microlepia associated native plant species: constituent elements of critical habitat strigosa, Pleomele auwahiensis, Psydrax Boehmeria grandis, Carex meyenii, include, but are not limited to, the odorata, Reynoldsia sandwicensis, or Cyrtandra grayi, Cyrtandra hawaiensis, habitat components provided by: Wikstroemia sp.; and Cyrtandra platyphylla, Cyanea sp., (i) Forested flats or talus slopes in (ii) Elevations between 193 and 844 m Hedyotis acuminata, Isachne Nestegis sandwicensis-Pleomele sp. (633 and 2,769 ft). distichophylla, Machaerina sp., mixed open dry forests and containing Phyllostegia sp., Pipturus albidus, one or more of the following associated Family Rhamnaceae: Gouania Psychotria sp., Touchardia latifolia, or native plant species: Alphitonia vitifolia (NCN) Urera glabra; and ponderosa, Dodonaea viscosa, Maui 17—Gouania vitifolia—a, (ii) Elevation between 340 and 1,593 Osteomeles anthyllidifolia, Santalum identified in the legal description in m (1,115 and 5,226 ft). ellipticum, or Xylosma hawaiiensis; and paragraph (e)(1) of this section, (ii) Elevations between 648 and 1,231 constitutes critical habitat for Gouania Family Rutaceae: Melicope m (2,125 and 4,039 ft). vitifolia on Maui. Within this unit, the adscendens (alani) Family Rutaceae: Melicope currently known primary constituent Maui 13—Melicope adscendens—a, mucronulata (alani) elements of critical habitat include, but identified in the legal description in are not limited to, the habitat paragraph (e)(1) of this section, Maui 9—Melicope mucronulata—a components provided by: constitutes critical habitat for Melicope and Maui 13—Melicope mucronulata— (i) The sides of ridges and gulches in adscendens on Maui. Within this unit, b, identified in the legal descriptions in dry to mesic forests and containing one the currently known primary paragraph (e)(1) of this section, or more of the following associated constituent elements of critical habitat constitute critical habitat for Melicope native plant species: Bidens sp., Carex include, but are not limited to, the mucronulata on Maui. Within these meyenii, Chamaesyce spp., Diospyros habitat components provided by: units, the currently known primary sandwicensis, Dodonaea viscosa, (i) Aa lava with pockets of soil in constituent elements of critical habitat Erythrina sandwicensis, Hedyotis sp., Nestegis sandwicensis-Pleomele include, but are not limited to, the Hibiscus spp., Melicope sp., Nestegis auwahiensis-Dodonaea viscosa lowland habitat components provided by:
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(i) Gentle south-facing slopes in Family Sapindaceae: Alectryon (i) Dry shrubland containing one or lowland dry to mesic forest and macrococcus (mahoe) more of the following associated native containing one or more of the following Maui 9—Alectryon macrococcus—a, plant taxa: Capparis sandwichiana, associated species: Antidesma Maui 10—Alectryon macrococcus—b, Dodonaea viscosa, Myoporum pulvinatum, Dodonaea viscosa, Maui 13—Alectryon macrococcus—c, sandwicense, or Psydrax odorata; and Melicope hawaiensis, Nestegis Maui 17—Alectryon macrococcus—d, (ii) Elevations between 85 and 534 m sandwicensis, Pleomele auwahiensis, Maui 17—Alectryon macrococcus—e, (279 and 1,752 ft). Pouteria sandwicensis, or Streblus and Maui 18—Alectryon macrococcus— (2) Ferns and Allies. pendulinus; and f, identified in the legal descriptions in Family Adiantaceae: Pteris lidgatei (ii) Elevations between 625 and 1,232 paragraph (e)(1) of this section, (NCN) m (2,050 and 4,042 ft). constitute critical habitat for Alectryon macrococcus on Maui. Within these Maui 17—Pteris lidgatei—a and Maui Family Rutaceae: Melicope ovalis units, the currently known primary 17—Pteris lidgatei—b, identified in the (alani) constituent elements of critical habitat legal descriptions in paragraph (e)(1) of include, but are not limited to, the this section, constitute critical habitat Maui 9—Melicope ovalis—a, for Pteris lidgatei on Maui. Within these identified in the legal description in habitat components provided by: (i) Mesic to wetter mesic and upper units, the currently known primary paragraph (e)(1) of this section, dryland forest and containing one or constituent elements of critical habitat constitutes critical habitat for Melicope more of the following associated native include, but are not limited to, the ovalis on Maui. Within this unit, the plant species: Alphitonia ponderosa, habitat components provided by: currently known primary constituent Antidesma platyphylla, Antidesma (i) Steep stream banks in wet elements of critical habitat include, but pulvinatum, Bobea sandwicensis, Metrosideros polymorpha-Dicranopteris are not limited to, the habitat Diospyros sandwicensis, Dodonaea linearis montane forest and containing components provided by: viscosa, Nestegis sandwicensis, one or more of the following native (i) Acacia koa and Metrosideros Osteomeles anthyllidifolia, Pittosporum plant species: Christella cyatheoides, polymorpha-dominated montane wet confertiflorum, Pittosporum glabrum, Cibotium chamissoi, Dicranopteris forests along streams and containing one Pouteria sandwicensis, Santalum linearis, Elaphoglossum crassifolium, or more of the following associated ellipticum, Streblus pendulinus, Sadleria squarrosa, or Sphenomeris species: Broussaisia arguta, Xylosma hawaiiensis, or Xylosma sp.; chinensis; and Cheirodendron trigynum, Dicranopteris and (ii) Elevations between 213 and 1,593 linearis, Dubautia plantaginea, Hedyotis (ii) Elevations between 333 and 1,191 m (699 and 5,226 ft). hillebrandii, Labordia hedyosmifolia, m (1,092 and 3,909 ft). Family Aspleniaceae: Asplenium Machaerina angustifolia, Perrottetia Family Urticaceae: Neraudia sericea fragile var. insulare (NCN) sandwicensis, or Wikstroemia (NCN) oahuensis; and Maui 9—Asplenium fragile var. Maui 9—Neraudia sericea—a and insulare—a, identified in the legal (ii) Elevations between 753 and 1,537 Maui 17—Neraudia sericea—b, description in paragraph (e)(1) of this m (2,469 and 5,042 ft). identified in the legal descriptions in section, constitutes critical habitat for Family Rutaceae: Zanthoxylum paragraph (e)(1) of this section, Asplenium fragile var. insulare on Maui. hawaiiense (ae) constitute critical habitat for Neraudia Within this unit, the primary sericea on Maui. Within these units, the constituent elements of critical habitat Maui 8—Zanthoxylum hawaiiense—a, currently known primary constituent include, but are not limited to, the identified in the legal description in elements of critical habitat include, but habitat components provided by: paragraph (e)(1) of this section, are not limited to, the habitat (i) Streamside hollows and grottos in constitutes critical habitat for components provided by: gulches in mesic to dry subalpine Zanthoxylum hawaiiense on Maui. (i) Dry to mesic Metrosideros shrubland dominated by Leptecophylla Within this unit, the currently known polymorpha-Dodonaea viscosa- tameiameiae and Sadleria cyatheoides, primary constituent elements of critical Leptecophylla tameiameiae shrubland with scattered Metrosideros polymorpha habitat include, but are not limited to, or forest or Acacia koa forest and and containing one or more of the the habitat components provided by: containing one or more of the following following native plant species: (i) Open lowland dry or mesic associated native plant species: Bobea Dryopteris wallichiana, Grammitis hookeri, or Pteris cretica; and Nestegis sandwicensis-Pleomele sp., Coprosma sp., Cyrtandra oxybapha, auwahiensis forest or Acacia koa- Cyrtandra spp., Diospyros sp., Hedyotis (ii) Elevations between 1,964 and 2,407 m (6,445 and 7,896 ft). Pleomele auwahiensis forest or montane sp., Sida fallax, or Urera glabra; and dry forest and containing one or more of (ii) Elevations between 198 and 1,658 Family Aspleniaceae: Ctenitis the following associated native species: m (650 and 5,439 ft). squamigera (pauoa) Alectryon macrococcus, Alphitonia Family Violaceae: Isodendrion Maui 17—Ctenitis squamigera—a, ponderosa, Charpentiera sp., Diospyros pyrifolium (aupaka) Maui 17—Ctenitis squamigera—b, Maui sandwicensis, Dodonaea viscosa, Maui 17—Isodendrion pyrifolium—a, 17—Ctenitis squamigera—c, and Maui Melicope sp., Metrosideros polymorpha, identified in the legal description in 18—Ctenitis squamigera—d, identified Myrsine lanaiensis, Osteomeles paragraph (e)(1) of this section, in the legal descriptions in paragraph anthyllidifolia, Pisonia sp., Santalum constitutes critical habitat for (e)(1) of this section, constitute critical ellipticum, Sophora chrysophylla, Isodendrion pyrifolium on Maui. Within habitat for Ctenitis squamigera on Maui. Streblus pendulinus, or Xylosma this unit, the currently known primary Within these units, the primary hawaiiensis; and constituent elements of critical habitat constituent elements of critical habitat (ii) Elevations between 869 and 1,298 include, but are not limited to, the include, but are not limited to, the m (2,852 and 4,260 ft). habitat components provided by: habitat components provided by:
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(i) Forest understory in Metrosideros mesic forest and containing one or more Maui 17—Phlegmariurus mannii—d, polymorpha montane wet forest, mesic of the following associated native plant and Maui 17—Phlegmariurus mannii— forest, or diverse mesic forest and species: Coprosma sp., Dodonaea e, identified in the legal descriptions in containing one or more of the following viscosa, Dryopteris unidentata, paragraph (e)(1) of this section, native plant species: Alyxia oliviformis, Leptecophylla tameiameiae, Melicope constitute critical habitat for Antidesma sp., Bobea sp., Canavalia sp., Myrsine sp., Osteomeles Phlegmariurus mannii on Maui. Within sp., Coprosma sp., Dicranopteris anthyllidifolia, or Psychotria sp.; and these units, the currently known linearis, Doodia sp., Dryopteris sp., (ii) Elevations between 338 and 1,695 primary constituent elements of critical Freycinetia arborea, Hedyotis m (1,109 and 5,561 ft). habitat include, but are not limited to, terminalis, Hibiscus kokio ssp. kokio, Family Aspleniaceae: Diplazium the habitat components provided by: Myrsine sp., Peperomia sp., Pittosporum molokaiense (NCN) (i) Epiphytic growth on Metrosideros sp., Pleomele sp., Pritchardia sp., polymorpha, Dodonaea viscosa, or Maui 8—Diplazium molokaiense—a, Psychotria sp., Remya mauiensis, Acacia koa trees in moist protected Maui 9—Diplazium molokaiense—b, Sadleria sp., Schiedea pubescens var. gulches or mossy tussocks in mesic to and Maui 17—Diplazium pubescens, or Xylosma sp.; and wet montane Metrosideros polymorpha- (ii) Elevations between 275 and 1,421 molokaiense—c, identified in the legal Acacia koa forests and containing one m (902 and 4,662 ft). descriptions in paragraph (e)(1) of this or more of the following associated section, constitute critical habitat for Family Aspleniaceae: Diellia erecta native plant species: Astelia menziesii, Diplazium molokaiense on Maui. (NCN) Athyrium sp., Cheirodendron trigynum, Within these units, the currently known Coprosma sp., Cyanea sp., Cyrtandra Maui 9—Diellia erecta—a, Maui 9— primary constituent elements of critical sp., Ilex anomala, Leptecophylla Diellia erecta—b, Maui 17—Diellia habitat include, but are not limited to, tameiameiae, Machaerina sp., Myrsine erecta—c, Maui 17—Diellia erecta—d, the habitat components provided by: Maui 17—Diellia erecta—e, and Maui (i) Water courses, often in proximity sp., Sadleria sp., Thelypteris sp., or 17—Diellia erecta—f, identified in the to waterfalls, in lowland or montane Vaccinium sp.; and legal descriptions in paragraph (e)(1) of mesic Metrosideros polymorpha-Acacia (ii) Elevations from 952 and 1,688 m this section, constitute critical habitat koa forest; and (3,122 and 5,539 ft). for Diellia erecta on Maui. Within these (ii) Elevations between 273 and 1,885 * * * * * units, the currently known primary m (896 and 6,186 ft). constituent elements of critical habitat Dated: April 18, 2003. include, but are not limited to, the Family Lycopodiaceae: Craig Manson, Phlegmariurus mannii habitat components provided by: (wawaeiole) Assistant Secretary for Fish and Wildlife and (i) Steep slopes or gulch sides in deep Maui 8—Phlegmariurus mannii—a, Parks. shade in Acacia koa-Metrosideros Maui 9—Phlegmariurus mannii—b, [FR Doc. 03–10107 Filed 5–13–03; 8:45 am] polymorpha low- to mid-elevation Maui 9—Phlegmariurus mannii—c, BILLING CODE 4310–55–P
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Part III
Department of Commerce Economic Development Administration
National Technical Assistance, Training, Research, and Evaluation—Request for Grant Proposals; Notice
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DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: John 3. Resumes/qualifications of key staff J. McNamee, (202) 482–4085; email: (not to exceed two pages per individual, Economic Development Administration [email protected]. with an additional two pages allowed for a single summary description of all [Docket No. 991215339–3104–06] SUPPLEMENTARY INFORMATION: In a previous notice published on April 9, organizations/consultants named in the RIN: 0610–ZA14 2003 (68 FR 17520), EDA stated that it proposal); and would publish separate announcements 4. A proposed schedule for National Technical Assistance, for its National Technical Assistance, completion of the project. Training, Research, and Evaluation— Training, Research, and Evaluation V. Evaluation and Selection Process Request for Grant Proposals program. Pursuant to that notice, EDA publishes program requirements and To apply for an award under this AGENCY: Economic Development solicits applications for this program. request, an eligible recipient must Administration (EDA), Department of submit a proposal to EDA during the Commerce (DOC). I. Funding Availability specified timeframe, at one of the ACTION: Request for Grant Proposals Funds appropriated under Pub. L. addresses specified above. Proposals (RFP) Upon Availability of Funds. 107–248 to the Department of Defense that do not meet all items required or will be transferred to EDA under that exceed the page limitations of SUMMARY: The role of government is to authority of 42 U.S.C. 3214(c) for this Section IV of this RFP, will be create the conditions in which jobs are project. In FY 2002, EDA funded a one considered nonresponsive, and will not created, and in which people can find year information dissemination project be considered. Proposals that meet all work. EDA is soliciting proposals to on the reuse of military bases with a the requirements will be evaluated by a develop and disseminate, on a monthly $35,000 award. This project differs review panel comprised of at least three basis, information on the reuse of former significantly in that the initial members all of whom will be full-time military bases for practitioners engaged performance period is for two years and federal employees. The panel first in base redevelopment and economic it involves substantial in-depth analysis evaluates the proposals using the development. of aspects of base redevelopment. As a general evaluation criteria set forth in 13 DATES: Prospective applicants are result, EDA anticipates this project will CFR 304.1 and 304.2 as further defined advised that proposals for funding cost more. by the supplemental evaluation criteria under this program will be accepted The award will be in the form of a set forth in Part VI of the Federal through June 13, 2003, at either of the cooperative agreement. In funding Register notice published on April 9, addresses provided below. Proposals cooperative agreements, a common 2003 (68 FR 17521). Proposals that meet received after 4 p.m. EDT, on June 13, example of substantial involvement is these threshold criteria will then be 2003, will not be considered for collaboration between EDA program evaluated by the panel using the funding. staff and the recipient of this following three criteria of approximate By June 30, 2003, EDA will notify information dissemination award to equal weight: proposers whether they will be given establish an editorial board to comment (1) The quality of a proposal’s further funding consideration. The on stories and to suggest and select response to the Scope of Work and other successful proponent will be invited to themes for future feature stories. requirements described in Section VI submit an Application for Federal II. Authority below; Assistance, OMB Control Number 0610– (2) The ability of the prospective 0094. The project will be funded as soon The authority for the program listed applicant to successfully carry out the as possible, but no later than September above is the Public Works and proposed activities. This will include an 30, 2003. Economic Development Act of 1965, as evaluation of the qualifications of the amended (Pub. L. 89–136, 42 U.S.C. ADDRESSES: proposed staff, the use and cost of 1. Proposals may be e-mailed to 3121 et seq.), and as further amended by travel, how applicant expertise will be [email protected], or Pub. L. 105–393. supplemented through the use of 2. Proposals may be hand-delivered III. Eligibility contractors or consultants, how the potential applicant plans to work to: John J. McNamee, Director, Research Eligible recipients of EDA financial cooperatively with economic and National Technical Assistance assistance are defined at 13 CFR 300.2 development organizations, how the Division, Economic Development and eligible applicants are specified at target audience will be identified and Administration, Room 1874, U.S. 13 CFR 301.1. An ‘‘area’’ is an eligible reached, and both the quality of the Department of Commerce, 1401 recipient and is defined at 13 CFR potential applicant’s suggestions for Constitution Avenue, NW., Washington, 301.2. One category of the areas eligible feature story topics and the DC 20230, or for financial assistance are those areas methodology that will be used to 3. Proposals may be mailed to: John meeting the ‘‘special needs’’ criteria. identify future topics; and J. McNamee, Director, Research and The special needs criteria are published National Technical Assistance Division, in Part XV of the Federal Register notice (3) Cost to the federal government. Economic Development Administration, of April 9, 2003 (68 FR 17524). The Assistant Secretary for Economic Room 7019, U.S. Department of Development is the Selecting Official. Commerce, 1401 Constitution Avenue, IV. Proposal Format He may not make any selection, or he NW., Washington, DC 20230. Each proposal submitted must may substitute one of the lower rated Proponents are encouraged to submit include: proposals, if he determines that it better proposals by email. Proponents are 1. A description of how the meets the overall objectives of the advised that, due to mail security proposer(s) intend(s) to carry out the Public Works and Economic measures, receipt of U.S.P.S. mail may scope of work (not to exceed 10 pages Development Act of 1965, as amended be delayed for up to two weeks. EDA in length); (Pub. L. 89–136, 42 U.S.C. 3121 et seq.), will not accept proposals submitted by 2. A proposed budget and and as further amended by Pub. L. 105– FAX. accompanying explanation; 393.
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If a proposal is selected, EDA will (2) Disseminate news and feature requirements of 13 CFR 301.4(b) are provide the proponent with an stories widely, using existing electronic satisfied. Application for Federal Assistance networks for economic development B. Notwithstanding any other (OMB Control Number 0610–0094). practitioners engaged in the reuse of provision of law, no person is required both military bases and non-military to respond to, nor shall a person be VI. Areas of Special Interest facilities. subject to a penalty for failure to comply EDA is inviting proposals for National (3) Establish with the grantor a 3–5 with a collection of information subject Technical Assistance, Training, member editorial board to comment on to the requirements of the Paperwork Research, and Evaluation as described stories and to suggest and select themes Reduction Act (PRA) unless that below. for future feature stories. Topics for collection of information displays a Program: National Technical initial feature stories on base currently valid Office of Management Assistance—(Pub. L. 89–136, as redevelopment will include: how to and Budget (OMB) control number. This Amended by Pub. L. 105–393, 42 U.S.C. blend grant, municipal debt, asset sales, notice involves a collection of 3147) and private equity to finance information requirement subject to the infrastructure; how environmental provisions of the PRA and has been (Catalog of Federal Domestic Assistance: service cooperative agreements can approved by OMB under Control 11.303 Economic Development Technical Number 0610–0094. The EDA Assistance) become a redevelopment tool; when planning and zoning alone are sufficient application (ED–900A), which Background: As part of its ongoing to direct redevelopment. Other topics incorporates the SF–424, are the forms mission to assist communities in may be proposed in the application, but in the EDA application kit, approved reusing former military bases, EDA must then be adopted by the editorial under the aforementioned OMB control supports the dissemination of board. number. information to economic development Timing: The initial award and funding C. If an application is selected for practitioners engaged in base reuse. The periods will be for two years from the funding, EDA has no obligation to intent of disseminating this information date of approval. However, those provide any additional future funding in is to broadly convey how reuse works periods may be amended to cover an connection with an award. Renewal of successfully, to increase the knowledge additional two-year period resulting in an award to increase funding or extend of practitioners, and to attract four-year award and funding periods, the period of performance is at the sole innovative practitioners into the field of subject to funding availability, discretion of EDA. redeveloping former military bases. satisfactory performance under the D. EDA is committed to a policy of Scope of Work: initial award, and at the sole discretion non-discrimination in the The successful applicant will: administration of all its programs. (1) Develop and disseminate, on of EDA. Additional Requirement: The E. EDA will notify unsuccessful alternate months, proposers in writing and unsuccessful (a) Three to five ‘‘news’’ stories proposed information dissemination should not be primarily for the benefit proposals will be maintained for not reporting on activities at former military more than three years from the date of bases. The 300–1,000 word news stories of the grantee or the grantee’s members, or a localized geographic area. receipt. will answer, for example, why F. This Notice has been determined to particular end-users chose a particular VII. Other Information and be ‘‘not significant’’ for purposes of base, rather than just announcing that Requirements Executive Order 12866. they did; and G. It has been determined that this EDA regulations at 13 CFR Chapter III (b) ‘‘Feature’’ stories on major base- notice does not contain policies with are available on the EDA Web site at reuse topics. The 2,000–5,000 word Federalism implications as that term is http://www.doc.gov/eda. The (with a few appropriate charts or defined in Executive Order 13132. Department of Commerce Pre-Award diagrams) feature stories will show how H. The rulemaking requirements of 5 Notification Requirements for Grants practitioners engaged in base U.S.C. 553 are not applicable to this and Cooperative Agreements contained redevelopment solved specific notice relating to public property, loans, in the Federal Register notice of challenges in reusing the former grants, benefits or contracts (5 U.S.C. October 1, 2001 (66 FR 49917), as military bases that closed in the 1990s. 5553(a)(2)). Because notice and amended by the Federal Register notice They will not be ‘‘policy studies’’ that comment are not required under 5 published on October 30, 2002 (67 FR address the strengths or weaknesses of U.S.C. 553, or any other law for this 66109), are applicable to this federal base closure programs and rule, the analytical requirements of the solicitation and can be found on EDA’s legislation. Rather, feature stories will Regulatory Flexibility Act (5 U.S.C. 601) Web site http://www.doc.gov/eda. analyze in-depth one particular aspect are not applicable. Thus, a Regulatory of base redevelopment at one to three A. Ordinarily, the applicant is Flexibility Analysis is not required and former bases; for example, how did expected to provide a 50% non-federal has not been prepared for this rule. redevelopers structure environmental share of project costs. However, EDA service cooperative agreements to may reduce or waive the required 50% Dated: May 6, 2003. facilitate redevelopment, and reduce the matching share of the total project costs, David A. Sampson, cost of site preparation and regulatory provided the applicant demonstrates: (1) Assistant Secretary for Economic burden. Issues with news and feature The project is not feasible without a Development. stories will alternate each month, six reduction or waiver and the project [FR Doc. 03–11953 Filed 5–13–03; 8:45 am] each per year. merits a reduction or waiver, or (2) the BILLING CODE 3510–24–P
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Part IV
Department of Education Office of Special Education and Rehabilitative Services; National Institute on Disability and Rehabilitation; Research—Disability Rehabilitation Research Projects (DRRP) Program; Inviting Applications for Fiscal Year (FY) 2003; Notice
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DEPARTMENT OF EDUCATION University of Alabama at Birmingham Project Period: Up to 60 months. TBIMS; Northern California TBIMS of Applicable Regulations: (a) The [CFDA No.: 84.133A–6] Care at Santa Clara Valley Medical Education Department General Center (SCVMC); Rocky Mountain Administrative Regulations (EDGAR), Office of Special Education and Regional Brain Injury System (RMRBIS) 34 CFR parts 74, 75, 77, 80, 81, 82, 85, Rehabilitative Services; National at Craig Hospital; Spaulding/Partners 86 and 97, and (b) the program Institute on Disability and TBIMS at Harvard Medical School; regulations 34 CFR part 350. Rehabilitation Research-Disability Southeastern Michigan TBI System Rehabilitation Research Projects Priority (SEMTBIS) at Wayne State University; (DRRP) Program; Notice Inviting Mayo Clinic TBIMS; TBIMS of Collaborative Research Projects in Applications for Fiscal Year (FY) 2003 Mississippi (TBIMSM) at Methodist Traumatic Brain Injury Rehabilitation Center; JFK-Johnson Note to Applicants: This notice is a This competition focuses on a project complete application package. Together with Rehabilitation Institute TBIMS; New designed to meet the priority in the the statute authorizing the program and the York TBIMS (NYTBIMS) at Mount Sinai notice of proposed priority for this Education Department General School of Medicine; Carolinas TBI program, published in the Federal Administrative Regulations (EDGAR), this Rehabilitation and Research System Register on April 16, 2003 (68 FR notice contains all of the information, (CTBIRRS) at Charlotte Mecklenburg 18601). application forms, and instructions you need Hospital Authority; Ohio Regional For FY 2003, this priority is an to apply for a grant under this competition. TBIMS at Ohio State University; Moss absolute priority. Under 34 CFR 75.105 Purpose of the Program: The purpose TBIMS at Albert Einstein Healthcare (c)(3) we consider only applications that of the DRRP program is to improve the Network; University of Pittsburgh Brain meet this priority. effectiveness of services authorized Injury Model System (UPBI); North under the Rehabilitation Act of 1973 Texas TBIMS (NT–TBIMS) at University Selection Criteria (the Act), as amended. For FY 2003 the of Texas Southwestern Medical Center; We use the following selection criteria competition for new awards focuses on TBIMS at Virginia Commonwealth to evaluate applications under this projects designed to meet the priority University; and University of program. we describe in the PRIORITY section of Washington TBIMS. The maximum score for all of these this application notice. We intend this Eligible Applicants: Parties eligible to criteria is 100 points. The maximum priority to improve rehabilitation apply for grants under this program are score for each criterion is indicated in services and outcomes for individuals States; public or private agencies, parentheses. with disabilities. including for-profit agencies; public or (a) Responsiveness to an absolute or In order to provide applicants with a private organizations, including for- competitive priority (5 points). 60-day application period and to ensure profit organizations; institutions of (1) The Secretary considers the that this grant is awarded before the end higher education; and Indian tribes and responsiveness of the application to an of FY 2003, NIDRR is inviting tribal organizations. absolute or competitive priority applications based on the proposed Applications Available: May 14, 2003. published in the Federal Register. Deadline for Transmittal of priority. NIDRR will publish the final (2) In determining the application’s Applications: July 14, 2003. priority as soon as possible after the responsiveness to the absolute or Estimated Number of Awards: 2–3. comment period closes on May 16, competitive priority, the Secretary 2003. Note: The Department is not bound by any considers one or more of the following Depending upon the comments that estimates in this notice. factors: NIDRR receives, the final priority may Maximum Award Amount: $600,000. (i) The extent to which the applicant’s include revisions to the proposed Note: We will reject without consideration proposed activities are likely to achieve priority. It is generally the policy of the or evaluation any application that proposes the purposes of the absolute or Department of Education not to solicit a budget exceeding the stated maximum competitive priority. (5 points) applications before the publication of a award amount in any year (See 34 CFR (b) Design of research activities (40 final priority. However, in this case, it 75.104(b)). points). is essential to solicit applications on the Page Limit: The Secretary strongly (1) The Secretary considers the extent basis of the proposed priority in order recommends the following: to which the design of research to allow applicants sufficient time to (1) A one-page abstract; activities is likely to be effective in prepare applications of appropriate (2) An Application Narrative (i.e., Part accomplishing the objectives of the quality to be funded. Applicants are III that addresses selection criteria that project. advised to begin to develop their will be used by reviewers in evaluating (2) In determining the extent to which applications based on the proposed individual proposals) of no more 75 the design is likely to be effective in priority. If changes are made in the final numbered, double-spaced (no more than accomplishing the objectives of the priority, applicants will be given an 3 lines per vertical inch) 8.5″ x 11″ project, the Secretary considers one or opportunity to revise or resubmit their pages (on one side only) with one inch more of the following factors: applications. margins (top, bottom, and sides). The (i) The extent to which the research The notice of proposed priority for application narrative page limit activities constitute a coherent, collaborative research for Traumatic recommendation does not apply to: Part sustained approach to research in the Brain Injury Model Systems (TBIMS) I—the electronically scanable form; Part field, including a substantial addition to requires the applicants to collaborate II—the budget section (including the the state-of-the art. (10 points) with the current TBIMS grantees. The narrative budget justification); and Part (ii) The extent to which the National Rehabilitation Information IV—the assurances and certifications; methodology of each proposed research Center has the contact information for and activity is meritorious, including the TBIMS grantees at http:// (3) A font no smaller than a 12-point consideration of the extent to which— www.naric.com/search/pd/notice. font and an average character density no (A) The proposed design includes a NIDRR’s current TBIMS grantees are: greater than 14 characters per inch. comprehensive and informed review of
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the current literature, demonstrating institutions is likely to be effective in (2) In determining the adequacy and knowledge of the state-of-the art; (5 achieving the relevant proposed accessibility of resources, the Secretary points) activities of the project. (5 points) considers one or more of the following (B) Each research hypothesis is (ii) The extent to which agencies, factors: theoretically sound and based on organizations, or institutions (i) The quality of an applicant’s past current knowledge; (6 points) demonstrate a commitment to performance in carrying out a grant. (2 (C) Each sample population is collaborate with the applicant. (5 points) appropriate and of sufficient size; (7 points) (ii) The extent to which the applicant points) (f) Adequacy and reasonableness of has appropriate access to clinical (D) The data collection and the budget (5 points). populations and organizations measurement techniques are (1) The Secretary considers the representing individuals with appropriate and likely to be effective; (7 adequacy and the reasonableness of the disabilities to support advanced clinical points) and budget. rehabilitation research. (6 points) (E) The data analysis methods are (2) In determining the adequacy and (iii) The extent to which the facilities, appropriate. (5 points) the reasonableness of the proposed equipment, and other resources are (c) Design of dissemination activities budget, the Secretary considers one or appropriately accessible to individuals (6 points). more of the following factors: with disabilities who may use the (1) The Secretary considers the extent (i) The extent to which the costs are facilities, equipment, and other to which the design of dissemination reasonable in relation to the proposed resources of the project. (2 points) activities is likely to be effective in project activities. (3 points) Pre-Application Meeting: Interested accomplishing the objectives of the (ii) The extent to which the applicant parties are invited to participate in a project. is of sufficient size, scope, and quality pre-application meeting to discuss the (2) In determining the extent to which to effectively carry out the activities in funding priorities and to receive the design is likely to be effective in an efficient manner. (2 points) technical assistance through individual accomplishing the objectives of the (g) Plan of Evaluation (8 points). consultation and information about the project, the Secretary considers one or (1) The Secretary considers the funding priorities. The pre-application more of the following factors: quality of the plan of evaluation. (i) The extent to which the materials (2) In determining the quality of the meeting will be held on May 28, 2003 to be disseminated are likely to be plan of evaluation, the Secretary either in person or by conference call at effective and usable, including considers the extent to which the plan the Department of Education, Office of consideration of their quality, clarity, of evaluation provides for periodic Special Education and Rehabilitative variety, and format. (2 points) assessment of a project’s progress that is Services, Switzer Building, room 3065, (ii) The extent to which the materials based on identified performance 330 C Street, SW., Washington, DC and information to be disseminated and measures that— between 10 a.m. and 12 noon. NIDRR the methods for dissemination are (i) Are clearly related to the intended staff will also be available from 1:30 appropriate to the target population. (2 outcomes of the project and expected p.m. to 4 p.m. on that same day to points) impacts on the target population; (4 provide technical assistance through (iii) The extent to which the points) and individual consultation and information information to be disseminated will be (ii) Are objective, and quantifiable or about the funding priority. For further accessible to individuals with qualitative, as appropriate. (4 points) information or to make arrangements to disabilities. (2 points) (h) Project Staff (6 points). attend contact Donna Nangle, Switzer (d) Plan of operation (10 points). (1) The Secretary considers the Building, room 3412, 330 C Street, SW., (1) The Secretary considers the quality of the project staff. Washington, DC 20202. Telephone (202) quality of the plan of operation. (2) In determining the quality of the 205–5880 or via Internet: (2) In determining the quality of the project staff, the Secretary considers the [email protected]. plan of operation, the Secretary extent to which the applicant If you use a telecommunications considers the adequacy of the plan of encourages applications for employment device for the deaf (TDD), you may call operation to achieve the objectives of from persons who are members of (202) 205–4475. the proposed project on time and within groups that have traditionally been Assistance to Individuals With budget, including clearly defined underrepresented based on race, color, Disabilities at the Public Meetings responsibilities, and timelines for national origin, gender, age, or accomplishing project tasks. (4 points) disability. (2 points) The meeting site is accessible to (3) In addition, the Secretary also (3) In addition, the Secretary individuals with disabilities, and a sign considers whether there is a clearly considers one or more of the following: language interpreter will be available. If delineated plan for research (i) The extent to which the key you will need an auxiliary aid or service management, with focus on quality personnel and other key staff have other than a sign language interpreter in controls for data collection, appropriate training and experience in order to participate in the meeting (e.g., management of research protocols, and disciplines required to conduct all other interpreting service such as oral, provisions for oversight at collaborating proposed activities. (2 points) cued speech, or tactile interpreter; sites. (6 points) (ii) The extent to which the assistive listening device; or materials in (e) Collaboration (10 points). commitment of staff time is adequate to alternate format), notify the contact (1) The Secretary considers the accomplish all the proposed activities of person listed in this notice at least two quality of collaboration. the project. (2 points) weeks before the scheduled meeting (2) In determining the quality of (a) Adequacy and accessibility of date. Although we will attempt to meet collaboration, the Secretary considers resources (10 points). a request we receive after this date, we the following factors: (1) The Secretary considers the may not be able to make available the (i) The extent to which the applicant’s adequacy and accessibility of the requested auxiliary aid or service proposed collaboration with one or applicant’s resources to implement the because of insufficient time to arrange more agencies, organizations, or proposed project. it.
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Application Procedures identifying number unique to your submit a grant application to us application). electronically, using a current version of Note: Some of the procedures in these • Within three working days after the applicant’s Internet browser. To see instructions for transmitting applications submitting your electronic application, e-Application visit the following differ from those in the Education fax a signed copy of the Application for address: http://e-grants.ed.gov. Department General Administrative Federal Assistance (ED 424) to the Regulations (EDGAR) (34 CFR 75.102). Under Parity Instructions the Administrative Procedure Act (5 U.S.C. Application Control Center after 553) the Department generally offers following these steps: Users of e-application, a data driven interested parties the opportunity to (1) Print ED 424 from the e- system, will be entering data on-line comment on proposed regulations. However, Application system. while completing their applications. these amendments make procedural changes (2) The institution’s Authorizing This will be more interactive than just only and do not establish new substantive Representative must sign this form. e-mailing a soft copy of a grant policy. Therefore, under 5 U.S.C. 553(b)(A), (3) Place the PR/Award number in the application to us. If you participate in the Secretary has determined that proposed upper right hand corner of the hard this voluntary pilot project by rulemaking is not required. copy signature page of the ED 424. submitting an application electronically, (4) Fax the signed ED 424 to the the data you enter on-line will go into Pilot Project for Electronic Submission Application Control Center at (202) a database and ultimately will be of Applications 260–1349. accessible in electronic form to our • In FY 2003, the U.S. Department of We may request that you give us reviewers. Education is continuing to expand its original signatures on all other forms at This pilot project continues the a later date. Department’s transition to an electronic pilot project for electronic submission of • applications to include additional Closing Date Extension in Case of grant award process. In addition to e- formula grant programs and additional System Unavailability: If you elect to Application, the Department plans to discretionary grant competitions. The participate in the e-Application pilot for expand the number of discretionary Disability Rehabilitation Research the DRRP and you are prevented from programs using the electronic peer Projects (DRRP) Program—CFDA submitting your application on the review (e-Reader) system and to #84.133A is one of the programs closing date because the e-Application increase the participation of included in the pilot project. If you are system is unavailable, we will grant you discretionary programs offering grantees an applicant under the DRRP, you may an extension of one business day in the use of the electronic annual submit your application to us in either order to transmit your application performance reporting (e-Reports) electronic or paper format. electronically, by mail, or by hand system. The pilot project involves the use of delivery. For us to grant this To help ensure parity and a similar the Electronic Grant Application System extension— look between electronic and paper (1) You must be a registered user of (e-Application) portion of the Grant copies of grant applications, we are e-Application, and have initiated an e- Administration and Payment System asking each applicant that submits a Application for this competition; and (GAPS). Users of e-Application will be paper application to adhere to the (2)(a) The e-Application system must entering data on-line while completing following guidelines: be unavailable for 60 minutes or more • ″ their applications. You may not e-mail Submit your application on 8.5 by between the hours of 8:30 a.m. and 3:30 ″ a soft copy of a grant application to us. 11 paper. p.m., Washington, DC time, on the • If you participate in this voluntary pilot Leave a 1-inch margin on all sides. deadline date; or • project by submitting an application Use consistent font throughout your (b) The e-Application system must be document. You may also use boldface electronically, the data you enter on-line unavailable for any period of time will be saved into a database. We type, underlining, and italics. However, during the last hour of operation (that is, please do not use colored text. request your participation in e- for any period of time between 3:30 and • Application. We shall continue to Please use black and white, also, for 4:30 p.m., Washington, DC time) on the illustrations, including charts, tables, evaluate its success and solicit deadline date. The Department must suggestions for improvement. graphs and pictures. acknowledge and confirm these periods • For the narrative component, your If you participate in e-Application, of unavailability before granting you an application should consist of the please note the following: extension. To request this extension you • number and text of each selection Your participation is voluntary. must contact either (1) the person listed criterion followed by the narrative. The • You will not receive any additional elsewhere in this notice under FOR text of the selection criterion, if point value because you submit a grant FURTHER INFORMATION CONTACT or (2) the included, does not count against any application in electronic format, nor e-GRANTS help desk at 1–888–336– page limitation. will we penalize you if you submit an 8930. • Place a page number at the bottom application in paper format. When you You may access the electronic grant right of each page beginning with 1; and enter the e-Application system, you will application for the DRRP at: http://e- number your pages consecutively find information about its hours of grants.ed.gov. throughout your document. operation. Parity Guidelines Between Paper and • You may submit all documents Electronic Applications: In FY 2003, the Additional Application Procedures electronically, including the U.S. Department of Education is Appendices: Do not attach any Application for Federal Assistance (ED continuing to expand the pilot project appendices if all of your appendices are 424), Budget Information—Non- that allows applicants to use an not in electronic format. Type in the Construction Programs (ED 524), and all Internet-based electronic system for appendices section: ‘‘Appendices are necessary assurances and certifications. submitting applications. This being sent separately.’’ and note the date • After you electronically submit competition is among those that have an that they are hand delivered or mailed. your application, you will receive an electronic submission option available Put the PR/award number and the word automatic acknowledgement, which to all applicants. The system, called e- ‘‘Appendices’’ in the upper right hand will include a PR/Award number (an Application, allows an applicant to corner of each page of the appendices.
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Send the entire package of appendices Building 3, Washington, DC 20202– • PART II: Budget Form—Non- to: U.S. Department of Education, 4725. Construction Programs (ED 524) and Application Control Center, Attention: The Application Control Center instructions and definitions. (CFDA # 84.133A–6)—Appendices, 7th accepts application deliveries daily • PART III: Application Narrative. & D Streets, SW., Room 3671, Regional between 8 a.m. and 4:30 p.m. • PART IV: Additional Materials. Office Building 3, Washington, DC (Washington, DC time), except • Estimated Public Reporting Burden. 20202–4725. Saturdays, Sundays, and Federal • Assurances—Non-Construction holidays. The Center accepts Programs (Standard Form 424B). You must clearly label the outside of the • envelope with the PR/Award Number application deliveries through the D Certification Regarding Lobbying, and the word ‘‘Appendices.’’ You must Street entrance only. A person Debarment, Suspension, and Other submit all hard copy appendices delivering an application must show Responsibility Matters: and Drug-Free according to the Instructions for identification to enter the building. Work-Place Requirements (ED Form 80– (c) If You Submit Your Application 0013). Transmitting Applications found • elsewhere in this notice. Electronically: You must submit your Certification Regarding Debarment, grant application through the Internet Suspension, Ineligibility and Voluntary Instructions for Transmitting using the software provided on the e- Exclusion: Lower Tier Covered Applications Grants Website (http://www.e- Transactions (ED Form 80–0014) and If you want to apply for a grant in grants.ed.gov) by 4:30 p.m. instructions. paper and be considered for funding, (Washington, DC time) on the deadline (Note: ED Form GCS–014 is intended for you must meet the following deadline date. the use of primary participants and should requirements: The regular hours of operation of the not be transmitted to the Department.) e-Grants Web site are 6 a.m. until 12 (a) If You Send Your Application by • Disclosure of Lobbying Activities midnight (Washington, DC time) Mail (Standard Form LLL, if applicable) and Monday–Friday and 6 a.m. until 7 p.m. You must mail the original and two instructions; and Disclosure Lobbying Saturdays. The system is unavailable on copies of the application on or before Activities Continuation Sheet (Standard the second Saturday of every month, the deadline date. To help expedite our Form LLL–A). Sundays, and Federal holidays. Please review of your application, applicants • Survey on Ensuring Equal note that on Wednesdays the Web site are encouraged to submit an original Opportunity for Applicants is closed for maintenance at 7 p.m. and seven copies. Mail your application An applicant may submit information (Washington, DC time). to: U.S. Department of Education, on a photostatic copy of the application Application Control Center, Attention: Notes and budget forms, the assurances, and (CFDA # 84.133A–6), 7th & D Streets, (1) The U.S. Postal Service does not the certifications. However, the SW., Room 3671, Regional Office uniformly provide a dated postmark. Before application form, the assurances, and Building 3, Washington, DC 20202– relying on this method, you should check with your local post office. the certifications must each have an 4725. (2) If you send your application by mail or original signature. No grant may be You must show one of the following if you or your courier deliver it by hand, the awarded unless a completed application as proof of mailing: Application Control Center will mail a Grant form has been received. (1) A legibly dated U.S. Postal Service Application Receipt Acknowledgment to FOR FURTHER INFORMATION CONTACT: postmark. you. If you do not receive the notification of Donna Nangle, U.S. Department of (2) A legible mail receipt with the application receipt within 15 days from the Education, 400 Maryland Avenue, SW., date of mailing the application, you should date of mailing stamped by the U.S. room 3412, Switzer Building, Postal Service. call the U.S. Department of Education Application Control Center at (202) 708– Washington, DC 20202–2645. (3) A dated shipping label, invoice, or 9493. Telephone: (202) 205–5880 or via receipt from a commercial carrier. (3) If your application is late, we will Internet: [email protected]. (4) Any other proof of mailing notify you that we will not consider the If you use a telecommunications acceptable to the Secretary. application. device for the deaf (TDD), you may call If you mail an application through the (4) You must indicate on the envelope the TDD number at (202) 205–4475. U.S. Postal Service, we do not accept and—if not provided by the Department—in Individuals with disabilities may Item 4 of the Application for Federal either of the following as proof of obtain this document in an alternative mailing: Education Assistance (ED 424 (exp. 11/30/ 2004)) the CFDA number—and suffix letter, format (e.g., Braille, large print, (1) A private metered postmark. if any—of the competition under which you audiotape, or computer diskette) on (2) A mail receipt that is not dated by are submitting your application. request to the contact person listed the U.S. Postal Service. (5) If you submit your application through under FOR FURTHER INFORMATION (b) If You Deliver Your Application by the Internet via the e-Grants Web site, you CONTACT. Hand will receive an automatic acknowledgment You or your courier must hand when we receive your application. Electronic Access to This Document deliver the original and two copies of You may review this document, as the application by 4:30 p.m. Application Forms and Instructions well as all other Department of (Washington, DC time) on or before the The Appendix to this notice contains Education documents published in the deadline date. To help expedite our forms and instructions, a statement Federal Register, in text or Adobe review of your application, we would regarding estimated public reporting Portable Document Format (PDF) on the appreciate your voluntarily including an burden, and various assurances and Internet at the following site: http:// additional seven copies of your certifications. Please organize the parts www.ed.gov/legislation/FedRegister. application. Deliver your application to: and additional materials in the To use PDF you must have Adobe U.S. Department of Education, following order: Acrobat Reader, which is available free Application Control Center, Attention: • PART I: Application for Federal at this site. If you have questions about (CFDA # 84.133A–6), 7th & D Streets, Assistance (ED 424 (Exp. 11/30/2004)) using PDF, call the U.S. Government SW., Room 3671, Regional Office and instructions. Printing Office (GPO), toll free, at
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1–888–293–6498; or in the Washington, budget, as well as the Assurances forms 7. Can Individuals Apply for Grants? DC area at (202) 512–1530. included in this package. Vitae of staff or No. Only organizations are eligible to apply consultants should include the individual’s for grants under NIDRR programs. However, Note: The official version of this document title and role in the proposed project, and individuals are the only entities eligible to is the document published in the Federal other information that is specifically Register. Free Internet access to the official pertinent to this proposed project. The apply for fellowships. edition of the Federal Register and the Code budgets for both the first year and all 8. Can NIDRR Staff Advise Me Whether My of Federal Regulations is available on GPO subsequent project years should be included. Access at: http://www.access.gpo.gov/nara/ Project Is of Interest to NIDRR or Likely To If collaboration with another organization Be Funded? index.html. is involved in the proposed activity, the application should include assurances of No. NIDRR staff can advise you of the Program authority: 29 U.S.C. 762(g) and participation by the other parties, including requirements of the program in which you 764(a). written agreements or assurances of propose to submit your application. Dated: May 9, 2003. cooperation. It is not useful to include However, staff cannot advise you of whether Loretta Petty Chittum, general letters of support or endorsement in your subject area or proposed approach is likely to receive approval. Acting Assistant Secretary for Special the application. Education and Rehabilitative Services. If the applicant proposes to use unique 9. How Do I Assure That My Application Will tests or other measurement instruments that Be Referred to the Most Appropriate Panel are not widely known in the field, it would Appendix—Instructions for Estimated for Review? Public Reporting Burden be helpful to include the instrument in the application. Applicants should be sure that their According to the Paperwork Reduction Act Many applications contain voluminous applications are referred to the correct of 1995, you are not required to respond to appendices that are not helpful and in many competition by clearly including the a collection of information unless it displays cases cannot even be mailed to the reviewers. competition title and CFDA number, a valid OMB control number. The valid OMB It is generally not helpful to include such including alphabetical code, on the Standard control number for this collection of things as brochures, general capability Form 424, and including a project title that information is 1820–0027. Expiration date: statements of collaborating organizations, describes the project. 11/20/2003. We estimate the time required to maps, copies of publications, or descriptions complete this collection of information to of other projects completed by the applicant. 10. How Soon After Submitting My average 30 hours per response, including the Application Can I Find Out if It Will Be time to review instructions, search existing 3. What Format Should Be Used for the Funded? data sources, gather the data needed, and Application? complete and review the collection of The time from closing date to grant award NIDRR generally advises applicants that date varies from program to program. information. If you have any comments they may organize the application to follow concerning the accuracy of the time estimate Generally speaking, NIDRR endeavors to the selection criteria that will be used. The have awards made within five to six months or suggestions for improving this form, please specific review criteria vary according to the write to: U.S. Department of Education, of the closing date. Unsuccessful applicants specific program, and are contained in this generally will be notified within that time Washington, DC 20202–4651. If you have Consolidated Application Package. comments or concerns regarding the status of frame as well. For the purpose of estimating your submission of this form, write directly 4. May I Submit Applications to More Than a project start date, the applicant should to: Donna Nangle, U.S. Department of One NIDRR Program Competition or More estimate approximately six months from the Education, 400 Maryland Avenue, SW., room Than One Application to a Program? closing date, but no later than following 3412, Switzer Building, Washington, DC Yes, you may submit applications to any September 30. 20202–2645. program for which they are responsive to the 11. Can I Call NIDRR to Find Out if My Application Forms and Instructions program requirements. You may submit the Application Is Being Funded? same application to as many competitions as Applicants are advised to reproduce and you believe appropriate. You may also No. When NIDRR is able to release complete the application forms in this submit more than one application in any information on the status of grant section. Applicants applying in paper copy given competition. applications, it will notify applicants by format are required to submit an original and letter. The results of the peer review cannot two copies of each application as provided in 5. What Is the Allowable Indirect Cost Rate? be released except through this formal this section. However, applicants are The limits on indirect costs vary according notification. encouraged to submit an original and seven to the program and the type of application. copies of each application in order to An applicant for an RRTC is limited to an 12. If My Application Is Successful, Can I facilitate the peer review process and indirect rate of 15 percent. An applicant for Assume I Will Get the Requested Budget minimize copying errors. Advanced Rehabilitation Research Training Amount in Subsequent Years? Frequent Questions project is limited to a training grant indirect No. Funding in subsequent years is subject rate of 8 percent. An applicant for a RERC, to availability of funds and project 1. Can I Get an Extension of the Due Date? DRRP, or Field Initiated project should limit performance. No. On rare occasions the Department of indirect charges to the organization’s Education may extend a closing date for all approved indirect cost rate. If the 13. Will All Approved Applications Be applicants. If that occurs, a notice of the organization does not have an approved Funded? revised due date is published in the Federal indirect cost rate, the application should No. It often happens that the peer review Register. However, there are no extensions or include an estimated actual rate. panels approve for funding more applications exceptions to the due date made for 6. Can Profitmaking Businesses Apply for than NIDRR can fund within available individual applicants. Grants? resources. Applicants who are approved but not funded are encouraged to consider 2. What Should Be Included in the Yes. However, for-profit organizations will submitting similar applications in future Application? not be able to collect a fee or profit on the competitions. The application should include a project grant, and in some programs will be required narrative, vitae of key personnel, and a to share in the costs of the project. BILLING CODE 4000–01–P
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[FR Doc. 03–11981 Filed 5–13–03; 8:45 am] BILLING CODE 4000–01–C
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Part V
The President Proclamation 7675—Peace Officers Memorial Day and Police Week, 2003 Proclamation 7676—National Defense Transportation Day and National Transportation Week, 2003 Proclamation 7677—National Safe Boating Week, 2003
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Federal Register Presidential Documents Vol. 68, No. 93
Wednesday, May 14, 2003
Title 3— Proclamation 7675 of May 9, 2003
The President Peace Officers Memorial Day and Police Week, 2003
By the President of the United States of America
A Proclamation Every day across the country, from our largest cities to our quietest cross- roads, peace officers stand watch over our citizens, selflessly risking their lives to protect individuals, families, neighborhoods, and property against crime. This week, we salute these men and women for their courage, commit- ment, and service, and we honor those who have fallen in the line of duty. We also reaffirm our commitment to supporting law enforcement by bringing our communities together to fight crime. Peace officers fulfill a great calling in upholding the rule of law in our society. Law enforcement officers choose their profession and take their oaths knowing that theirs is a dangerous job. They accept these risks, answer- ing the call of duty and demonstrating a willingness to serve that reflects the best of America. As they work to protect our communities, peace officers often place them- selves in harm’s way. Some make the ultimate sacrifice in defense of others. During Police Week, and particularly on Peace Officers Memorial Day, we pay tribute to the 148 law enforcement officers who gave their lives in the line of duty last year. Those who have fallen are remembered in our hearts and in the memory of our country. Through their service and sacrifice, they have earned our Nation’s respect and gratitude. As we honor these fallen heroes, we should also resolve to support all law enforcement officers by becoming active in the fight against crime. Strong communities and neighborhoods help deter crime. By coming together as neighbors, and by looking out for each other, Americans can assist law enforcement in preventing crime in our communities and also help secure our homeland from the threat of terrorism. In the new world we face since September 11, one of our best defenses is a vigilant public working with law enforcement to help protect our land. I created the USA Freedom Corps to foster a culture of service, citizenship, and responsibility in America, and to provide opportunities for Americans to get involved in helping their communities. A key component of Freedom Corps is the Citizen Corps, which helps coordinate volunteer activities that make our communities safer, stronger, and better prepared for emergencies. Since the Citizens Corps was launched last year, more than 500 Citizen Corps Councils have been established, bringing together first responders, local government officials, and volunteer service organizations. Volunteers are also working with police departments through more than 430 Volunteers in Police Service programs in our Nation. Additionally, the number of registered Neighborhood Watch groups continues to grow. To build on these successes, we should continue to strengthen partnerships between citizens and local law enforcement and work to engage more volun- teers in public safety and emergency preparedness. By joining together to fight crime, we honor the memory and uphold the legacy of all those who gave their lives to preserve our safety and security. By a joint resolution approved October 1, 1962, as amended, (76 Stat. 676), the Congress has authorized and requested the President to designate May
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15 of each year as ‘‘Peace Officers Memorial Day’’ and the week in which it falls as ‘‘Police Week,’’ and, by Public Law 103–322, as amended, (36 U.S.C. 136), has directed that the flag be flown at half-staff on Peace Officers Memorial Day. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim May 15, 2003, as Peace Officers Memorial Day and May 11 through May 17, 2003, as Police Week. I call on all Americans to observe these events with appropriate ceremonies and activities. I also call on Governors of the United States and the Commonwealth of Puerto Rico, as well as appropriate officials of all units of government, to direct that the flag be flown at half-staff on Peace Officers Memorial Day. I further encourage all Americans to display the flag at half-staff from their homes and businesses on that day. IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of May, in the year of our Lord two thousand three, and of the Independence of the United States of America the two hundred and twenty-seventh. W
[FR Doc. 03–12196 Filed 5–13–03; 8:45 am] Billing code 3195–01–P
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Proclamation 7676 of May 9, 2003
National Defense Transportation Day and National Transpor- tation Week, 2003
By the President of the United States of America
A Proclamation America’s transportation system takes us where we need to go, keeps our economy moving, and strengthens our Nation’s security. On National Defense Transportation Day and during National Transportation Week, we celebrate how modern transportation has transformed the world and recognize the men and women who have contributed to its progress. We also renew our commitment to increasing transportation safety and to keeping our trans- portation system on the leading edge of technology. Our 21st century transportation system safely and securely transports our citizens and delivers a wide range of goods throughout the country and the world. In times of war, our transportation system also moves troops and carries defense cargo efficiently. Preserving and enhancing our transpor- tation resources makes that infrastructure safer, facilitates growth in business and industry, creates jobs, secures our Nation, and improves the quality of life of our citizens. To sustain these advantages, we must continue to invest in our Nation’s transportation systems. From enhancing existing highways, waterways, rail- way lines, pipelines, and airports, to developing fuel-efficient and reduced- emissions vehicles, we must work towards improving safety, protecting the environment, and furthering our national defense. As part of these efforts, my Administration has announced a hydrogen fuel initiative to reverse America’s growing dependence on foreign oil by developing the technology to produce commercially viable, hydrogen fuel cells, which will help power cars and trucks with no emissions of air pollution or greenhouse gases. This new national commitment could make it possible for the first car driven by a child born today to be powered by hydrogen, and be pollution- free. Through the newly created Department of Homeland Security, my Adminis- tration is working towards strengthening protections throughout our national transportation system. Designed to increase protections for America’s citizens while maintaining the free flow of goods and people across our borders, our comprehensive national plan includes selective maritime restrictions, increased airport security, and improved railroad infrastructure security. We are also enforcing temporary flight restrictions and flying Combat Air Patrols over critical sites, increasing surveillance of hazardous material ship- ments within our country, and taking measures to keep hazardous materials away from places where large numbers of people gather. We are determined to defend the American homeland, and we will do all in our power to make sure our skies, rails, pipelines, waterways, and roads are safe from terror. To recognize the men and women who work in the transportation industry and who contribute to our Nation’s well-being, and defense, the Congress, by joint resolution approved May 16, 1957, as amended (36 U.S.C. 120), has designated the third Friday in May of each year as ‘‘National Defense Transportation Day,’’ and, by joint resolution approved May 14, 1962, as
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amended (36 U.S.C. 133), declared that the week during which that Friday falls be designated as ‘‘National Transportation Week.’’ NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim Friday, May 16, 2003, as National Defense Transportation Day and May 11 through May 17, 2003, as National Transpor- tation Week. I encourage all Americans to learn more about how our modern transportation system enhances our economy and contributes to our freedom. IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of May, in the year of our Lord two thousand three, and of the Independence of the United States of America the two hundred and twenty-seventh. W
[FR Doc. 03–12197 Filed 5–13–03; 8:45 am] Billing code 3195–01–P
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Proclamation 7677 of May 9, 2003
National Safe Boating Week, 2003
By the President of the United States of America
A Proclamation As summer approaches, Americans are looking forward to enjoying our Nation’s rivers, lakes, and oceans. National statistics show that recreational boating is safer today than ever before, with the number of boating fatalities declining even as the number of boats increases. However, lives continue to be lost needlessly, and we must remain committed to boating safety. During National Safe Boating Week, we are reminded that practicing simple steps can make recreational boating safer and more enjoyable. This year’s theme, ‘‘Boat Smart. Boat Safe. Wear It!’’ highlights the importance and ease of wearing life jackets. Drowning remains the number one cause of recreational boating fatalities. According to the United States Coast Guard, nearly 80 percent of those who died in boating accidents in 2001 were not wearing life jackets. In many of these cases, life jackets were available on board, but were useless to the passengers in the boats because the speed and suddenness of the accident prevented them from having time to put on their life jackets. The chances of surviving a serious boating accident increase dramatically by wearing a life jacket. Modern life jackets are smaller, lighter, and more flexible, making them easier and more com- fortable to wear. The National Safe Boating Council, the National Association of State Boating Law Administrators, and the U.S. Coast Guard are working with other cam- paign partners to encourage safe boating practices through the 2003 North American Safe Boating Campaign. In addition to wearing life jackets, the campaign encourages boaters to enroll in a boating safety class, to ensure that boats are properly maintained and checked for safety, to follow regula- tions and guidelines relating to homeland security issues, and not to consume alcohol when operating a boat. More information about staying safe on the water is available by visiting the U.S. Coast Guard’s Office of Boating Safety website at www.uscgboating.org. By improving our skills and increas- ing our knowledge of recreational boating safety, we can reduce the loss of life, the injuries, and the property damage that occur on our waterways. Safe boating also contributes to homeland security and frees the time of public safety officers to focus on enforcement issues. The same Coast Guard members, marine patrol, police, and fire officers who respond to recreational boating accidents are also responsible for protecting the security of our ports and waterways. By avoiding boating accidents, Americans can help these officials devote more time and effort to safeguarding our homeland. In recognition of the importance of safe boating practices, the Congress, by joint resolution approved June 4, 1958 (36 U.S.C. 131), as amended, has authorized and requested the President to proclaim annually the 7- day period prior to Memorial Day weekend as ‘‘National Safe Boating Week.’’ NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim May 17 through May 23, 2003, as National Safe Boating Week. I encourage the Governors of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and the officials of other areas subject to the jurisdiction of the United States, to join in observing
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this occasion. I also urge boaters to learn about proper boating practices, including the wearing of life jackets, and to take advantage of boating safety programs throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of May, in the year of our Lord two thousand three, and of the Independence of the United States of America the two hundred and twenty-seventh. W
[FR Doc. 03–12198 Filed 5–13–03; 8:45 am] Billing code 3195–01–P
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Reader Aids Federal Register Vol. 68, No. 93 Wednesday May 14, 2003
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 9 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: Proposed Rules: 2...... 24052 The United States Government Manual 741–6000 7668...... 23821 7669...... 23823 130...... 25308 Other Services 7670...... 23825 10 CFR Electronic and on-line services (voice) 741–6020 7671...... 23827 Privacy Act Compilation 741–6064 7672...... 23829 40...... 25281 Public Laws Update Service (numbers, dates, etc.) 741–6043 7673...... 24333 70...... 23574 TTY for the deaf-and-hard-of-hearing 741–6086 7674...... 25277 71...... 23574 7675...... 26195 72...... 23183 7676...... 26197 73...... 23574 ELECTRONIC RESEARCH 7677...... 26199 150...... 25281 World Wide Web Executive Orders: Proposed Rules: 12865 (Revoked by 20...... 23618 Full text of the daily Federal Register, CFR and other publications 13298) ...... 24857 490...... 23620 is located at: http://www.access.gpo.gov/nara 13069 (Revoked by 12 CFR Federal Register information and research tools, including Public 13298) ...... 24857 Inspection List, indexes, and links to GPO Access are located at: 13098 (Revoked by 21...... 25090 http://www.archives.gov/federallregister/ 13298) ...... 24857 208...... 25090 13298...... 24857 211...... 25090 E-mail 13299...... 25477 326...... 25090 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13300...... 25807 563...... 25090 an open e-mail service that provides subscribers with a digital Administrative Orders: 740...... 23381 form of the Federal Register Table of Contents. The digital form Memorandums: 748...... 25090 of the Federal Register Table of Contents includes HTML and Memorandum of May Proposed Rules: PDF links to the full text of each document. 6, 2003 ...... 25275 613...... 23425, 23426 Presidential To join or leave, go to http://listserv.access.gpo.gov and select 14 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list Determinations: (or change settings); then follow the instructions. No. 2003-22 of May 6, 1...... 25486 2003 ...... 25809 11...... 25486 PENS (Public Law Electronic Notification Service) is an e-mail 25...... 24336, 24338 service that notifies subscribers of recently enacted laws. 5 CFR 39 ...... 23183, 23186, 23190, To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 213...... 24605 23384, 23387, 23575, 23886, and select Join or leave the list (or change settings); then follow Ch. XIV ...... 23885 24614, 24861, 25488, 25811 the instructions. 2424...... 23885 71 ...... 23577, 23579, 23580, 2429...... 23885 23581, 23682, 24340, 24341, FEDREGTOC-L and PENS are mailing lists only. We cannot 2471...... 23885 24342, 24864, 24866, 24868, respond to specific inquiries. 2472...... 23885 24869, 24870, 24871, 24872, Reference questions. Send questions and comments about the Proposed Rules: 24874, 25489, 25491, 25492, Federal Register system to: [email protected] 2601...... 23876 25493, 25494, 25495, 25684 The Federal Register staff cannot interpret specific documents or 73...... 25495 7 CFR regulations. 77...... 23583 6...... 25479 97...... 23888, 23889 29...... 25484 382...... 24874 FEDERAL REGISTER PAGES AND DATE, MAY 46...... 23377 Proposed Rules: 23183–23376...... 1 56...... 25484 3...... 23808 23377–23568...... 2 301...... 24605, 24613 39 ...... 23231, 23235, 23427, 868...... 24589 23569–23884...... 5 23620, 24383, 25543 932...... 23378 71 ...... 23622, 23624, 23625, 23885–24332...... 6 985...... 23569, 25486 23626 24333–24604...... 7 989...... 25279 119...... 24810 24605–24858...... 8 1410...... 24830 121...... 24810 24859–25278...... 9 1424...... 24596 135...... 24810 25279–25478...... 12 1710...... 24335 145...... 24810 25479–25808...... 13 Proposed Rules: 255...... 24896, 25844 25809–26200...... 14 274...... 23927 330...... 23627 276...... 23927 399...... 24896, 25844 278...... 23927 279...... 23927 15 CFR 280...... 23927 0...... 24878 360...... 23425 270...... 24343 1530...... 23230 902...... 24615
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16 CFR 24644, 24880 682...... 25821 47 CFR 301...... 24644 305...... 23584 685...... 25821 Ch. 1 ...... 25840 602...... 24644 Proposed Rules: 1...... 23417, 25841 Proposed Rules: 36 CFR 309...... 24669 2...... 25512 1 ...... 23632, 23931, 24404, Proposed Rules: 52...... 25843 17 CFR 24405, 24406, 24898, 24903, 251...... 25748, 25751 25310, 25845 73 ...... 23613, 23900, 23901, 42...... 25149 1280...... 23430 25512, 25542 230...... 25788 54...... 24406 602...... 24406 37 CFR 74...... 25512 232...... 24345, 25788 80...... 25512 239...... 25788 27 CFR Proposed Rules: 90...... 25512 240...... 25788 262...... 23241 241...... 25281 Proposed Rules: 97...... 25512 249...... 25788 4...... 24903 38 CFR Proposed Rules: 250...... 25788 5...... 24903 1...... 23431 7...... 24903 2...... 25503 259...... 25788 4...... 25822 15...... 23677 260...... 25788 9...... 25851 64...... 25313 Proposed Rules: 13...... 24903 73...... 24417 269...... 25788 39...... 23249 270...... 25131 28 CFR 274...... 25788 Proposed Rules: 39 CFR 48 CFR 18 CFR 513...... 25545 Proposed Rules: 511...... 24372 111...... 23937 375...... 25814 29 CFR 516...... 24372 376...... 25814 532...... 24372 Proposed Rules: 40 CFR Proposed Rules: 538...... 24372 1480...... 23634 35...... 24679 51...... 25684 546...... 24372 1910...... 23528 52 ...... 23206, 23207, 23404, 552...... 24372 19 CFR 30 CFR 23597, 23604, 24363, 24365, 1802...... 23423 178...... 24052 24368, 24885, 25414, 25418, 1806...... 23423 36...... 23892 25442, 25504 1815...... 23423 20 CFR 917...... 24644 62...... 23209, 25291 1816...... 23423 948...... 24355 63 ...... 23898, 24562, 24653 Proposed Rules: 1843...... 23423 404...... 23192, 24896 950...... 24647 71...... 25507 1845...... 23424 416...... 23192, 24896 31 CFR 80...... 24300 81 ...... 24368, 25418, 25442 Proposed Rules: 21 CFR 103 ...... 25090, 25149, 25113, 89...... 25823 245...... 25313 Ch. 1 ...... 24879 25163 180 ...... 24370, 25824, 25831 315...... 24794 10...... 25283 271...... 23407, 23607 49 CFR 14...... 25283 351...... 24794 300...... 23211 20...... 25283 353...... 24794 312...... 24888 107...... 23832, 24653 310...... 24347 359...... 24794 438...... 25686 171...... 23832, 24653 360...... 24794 173...... 24653 314...... 25283 Proposed Rules: 363...... 24794 358...... 24347 Ch. 1...... 24410, 25312 176...... 23832 720...... 25283 Proposed Rules: 52 ...... 23270, 23430, 23661, 177...... 23832, 24653 1300...... 23195 103 ...... 23640, 23646, 23653, 23662, 24416, 24417, 25547 180...... 24653 1310...... 23195 25163 60...... 24692 209...... 24891 Proposed Rules: 32 CFR 62...... 23272, 25313 383...... 23844 1 ...... 23630, 25242, 25188 71...... 25548 384...... 23844 311...... 24880 11...... 25188 80...... 24311 571...... 23614, 24664 505...... 25816 16...... 25242 146...... 23666, 23673 1570...... 23852 806B ...... 24881 101...... 23930 258...... 25550 1572...... 23852 Proposed Rules: 1310...... 24689 300...... 23939 Proposed Rules: 701...... 24904 22 CFR 193...... 23272 33 CFR 44 CFR 572...... 24417 42...... 24638 100...... 25817, 25818 64...... 23408 1137...... 23947, 25859 121...... 25088 67...... 23898 228...... 23891 110...... 25496 117 ...... 23390, 23590, 24882, Proposed Rules: 50 CFR 23 CFR 24883, 25818 67...... 23941 17...... 25934 140...... 24639 165 ...... 23390, 23393, 23399, 23591, 23594, 23595, 23893, 45 CFR 216...... 24905 646...... 24639 300...... 23224, 23901 661...... 24642 23894, 23896, 24359, 24361, 2...... 25838 24883, 25288, 25498, 25500, 32...... 24052 600...... 23901 Proposed Rules: 648...... 24914, 25305 630...... 23239, 24384 25818 148...... 23410 Proposed Rules: 301...... 25293 660 ...... 23901, 23913, 23924 24 CFR 62...... 25855 302...... 25293 679 ...... 23925, 24615, 24667, 24668 203...... 23370 165 ...... 23935, 24406, 24408 303...... 25293 66...... 25855 304...... 25293 Proposed Rules: 25 CFR 67...... 25855 307...... 25293 18...... 24700 Proposed Rules: 72...... 25855 1309...... 23212 20...... 24324 170...... 23631 401...... 25546 216...... 24905 46 CFR 622...... 23686 26 CFR 34 CFR Proposed Rules: 648 ...... 23275, 23948, 23949, 1 ...... 23586, 24349, 24351, 674...... 25821 540...... 23947 24914
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REMINDERS Bombardier; published 4-29- ENVIRONMENTAL Correction; comments due The items in this list were 03; comments due by 5- PROTECTION AGENCY by 5-19-03; published editorially compiled as an aid 29-03; published 4-29-03 Air pollution control: 3-31-03 [FR 03-07539] to Federal Register users. [FR 03-10235] Interstate ozone transport HEALTH AND HUMAN Inclusion or exclusion from Empresa Brasileira de reduction— SERVICES DEPARTMENT this list has no legal Aeronautica, S.A. Nitrogen oxides budget Food and Drug significance. (EMBRAER); published 4- trading program; Administration 29-03; comments due by Section 126 petitions; Human drugs: 5-29-03; published 4-29- findings of significant Ophthalmic products for RULES GOING INTO 03 [FR 03-10236] EFFECT MAY 14, 2003 contribution and emergency first aid use rulemaking; withdrawal (OTC); final monograph; AGRICULTURE COMMENTS DUE NEXT provision; comments amendment; comments DEPARTMENT WEEK due by 5-24-03; due by 5-20-03; published Agricultural Marketing published 4-4-03 [FR 2-19-03 [FR 03-03927] 03-08152] Service AGRICULTURE HOMELAND SECURITY Spearmint oil produced in Far DEPARTMENT ENVIRONMENTAL DEPARTMENT PROTECTION AGENCY Coast Guard West; published 5-13-03; Agricultural Marketing comments due by 12-30-99; Service Air quality implementation Drawbridge operations: published 5-13-03 [FR 03- plans; approval and Florida; comments due by Hass avocado promotion, 11891] promulgation; various 5-19-03; published 3-19- research, and information States; air quality planning 03 [FR 03-06637] DEFENSE DEPARTMENT order; comments due by 5- purposes; designation of Army Department 19-03; published 3-18-03 New Jersey; comments due areas: Privacy Act; implementation:; [FR 03-06510] by 5-19-03; published 3- published 5-14-03; Wisconsin; comments due 20-03 [FR 03-06638] comments due by 12-30-99; AGRICULTURE by 5-19-03; published 4- Ports and waterways safety: DEPARTMENT published 5-14-03 [FR 03- 17-03 [FR 03-09347] Long Island Sound Marine Animal and Plant Health 12004] ENVIRONMENTAL Inspection and Captain of Inspection Service EDUCATION DEPARTMENT PROTECTION AGENCY Port Zone, CT; regulated Plant related quarantine; Postsecondary education: Air quality implementation navigation area and safety domestic: Federal Perkins Loan, plans; approval and and security zones; Federal Direct Loan, and Fire ant, imported; promulgation; various comments due by 5-19- Federal Family Education methoprene, authorized States; air quality planning 03; published 3-20-03 [FR Loan Programs; waivers treatment; comments due purposes; designation of 03-06642] and modifications; by 5-20-03; published 3- areas: HOMELAND SECURITY 21-03 [FR 03-06799] published 5-14-03; Wisconsin; comments due DEPARTMENT comments due by 12-30- User fees: by 5-19-03; published 4- Customs Service 99; published 5-14-03 [FR Export certificates for 17-03 [FR 03-09348] Articles conditionally free, 03-11982] ruminants; comments due ENVIRONMENTAL subject to reduced rates, ENVIRONMENTAL by 5-20-03; published 3- PROTECTION AGENCY etc.: PROTECTION AGENCY 21-03 [FR 03-06797] African Growth and Air quality implementation Air pollution control; new Opportunity Act; sub- AGRICULTURE plans; approval and motor vehicles and engines: Saharan Africa trade DEPARTMENT promulgation; various Nonroad diesel engines; benefits; textile and Foreign Agricultural Service States: nonroad engine definition; apparel provisions; Farmers; trade adjustment published 4-11-03; Louisiana; comments due by comments due by 5-20- assistance; comments due comments due by 12-30- 5-21-03; published 4-21- 03; published 3-21-03 [FR by 5-23-03; published 4-23- 99; published 4-11-03 [FR 03 [FR 03-09619] 03-06760] 03 [FR 03-10050] 03-08955] ENVIRONMENTAL Caribbean Basin Economic Pesticides; tolerances in food, COMMERCE DEPARTMENT PROTECTION AGENCY Recovery Act; textile and animal feeds, and raw National Oceanic and Air quality implementation apparel provisions; agricultural commodities: Atmospheric Administration plans; approval and comments due by 5-20- Indoxacarb; published 5-14- Fishery conservation and promulgation; various 03; published 3-21-03 [FR 03; comments due by 12- management: States: 03-06755] 30-99; published 5-14-03 West Coast States and Louisiana; comments due by HOMELAND SECURITY [FR 03-11758] Western Pacific 5-21-03; published 4-21- DEPARTMENT Pyriproxyfen; published 5- fisheries— 03 [FR 03-09620] Customs Service 14-03; comments due by Superfund program: 7-14-03; published 5-14- Pacfic Coast groundfish; Merchandise, special classes, 03 [FR 03-12022] correction; comments Toxic chemical release and financial and accounting due by 5-22-03; reporting; community right- procedures: FEDERAL published 5-6-03 [FR to-know— COMMUNICATIONS Patent Survey Program; 03-11084] COMMISSION North American Industry discontinuation; comments due by 5-19-03; published Common carrier services: West Coast salmon; Classification System; comments due by 5-21- 3-20-03 [FR 03-06756] Numbering resource comments due by 5-20- optimization; correction; 03; published 5-6-03 03; published 3-21-03 INTERIOR DEPARTMENT published 5-14-03; [FR 03-11083] [FR 03-06582] Surface coal mining hearings comments due by 12-30- EDUCATION DEPARTMENT GOVERNMENT ETHICS and appeals; special rules; 99; published 5-14-03 [FR Elementary and secondary OFFICE comments due by 5-19-03; 03-11963] education: Government ethics: published 3-20-03 [FR 03- TRANSPORTATION Disadvantaged children; Post-employment conflict of 06555] DEPARTMENT academic achievement interest restrictions; LABOR DEPARTMENT Federal Aviation improvement; comments comments due by 5-19- Mine Safety and Health Administration due by 5-19-03; published 03; published 2-18-03 [FR Administration Airworthiness directives: 3-20-03 [FR 03-06653] 03-03043] Coal mine safety and health:
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Underground mines— due by 5-21-03; published TRANSPORTATION VETERANS AFFAIRS Sanitary toilets; standards; 4-21-03 [FR 03-09602] DEPARTMENT DEPARTMENT comments due by 5-21- PERSONNEL MANAGEMENT National Highway Traffic Grants and cooperative 03; published 4-21-03 OFFICE Safety Administration agreements; availability, etc.: [FR 03-09656] Health and counseling Insurer reporting requirements: Homeless Providers Grant LABOR DEPARTMENT programs, Federal Insurers required to file and Per Diem Program; Mine Safety and Health employees: reports; list; comments comments due by 5-19- Administration Child care costs for lower due by 5-20-03; published 03; published 3-19-03 [FR Coal mine safety and health: income employees; 3-21-03 [FR 03-05629] 03-06329] agency use of Underground mines— TREASURY DEPARTMENT appropriated funds; Sanitary toilets; standards; Foreign Assets Control comments due by 5-23- LIST OF PUBLIC LAWS comments due by 5-21- 03; published 3-24-03 [FR Office 03; published 4-21-03 Cuban assets control 03-06887] This is a continuing list of [FR 03-09655] regulations: TRANSPORTATION public bills from the current LABOR DEPARTMENT DEPARTMENT Family and educational session of Congress which Mine Safety and Health Procedural regulations: travel transactions, have become Federal laws. It Administration Air carriers; compensation remittances, support for may be used in conjunction Metal and nonmetal mine procedures; adjustment; Cuban people and with ‘‘PLUS’’ (Public Laws safety and health: comments due by 5-19- humanitarian projects; Update Service) on 202–741– Seat belts for off-road work 03; published 5-5-03 [FR technical amendments; 6043. This list is also machines and wheeled 03-11185] comments due by 5-23- available online at http:// agricultural tractors; TRANSPORTATION 03; published 3-24-03 [FR www.nara.gov/fedreg/ comments due by 5-21- DEPARTMENT 03-06808] plawcurr.html. 03; published 4-21-03 [FR Federal Aviation TREASURY DEPARTMENT 03-09658] Administration Internal Revenue Service The text of laws is not published in the Federal LABOR DEPARTMENT Airworthiness directives: Excise taxes: Register but may be ordered Mine Safety and Health Bell; comments due by 5- Structured settlement in ‘‘slip law’’ (individual Administration 19-03; published 3-18-03 factoring transactions; pamphlet) form from the Metal and nonmetal mine [FR 03-06136] cross-reference; Superintendent of Documents, safety and health: TRANSPORTATION comments due by 5-20- U.S. Government Printing Seat belts for off-road work DEPARTMENT 03; published 2-19-03 [FR Office, Washington, DC 20402 machines and wheeled Federal Aviation 03-03865] (phone, 202–512–1808). The agricultural tractors; Administration TREASURY DEPARTMENT text will also be made comments due by 5-21- Airworthiness directives: Currency and foreign available on the Internet from 03; published 4-21-03 [FR Bombardier; comments due transactions; financial GPO Access at http:// 03-09657] by 5-23-03; published 4- reporting and recordkeeping www.access.gpo.gov/nara/ LIBRARY OF CONGRESS 23-03 [FR 03-09690] requirements: nara005.html. Some laws may Copyright Office, Library of TRANSPORTATION USA PATRIOT Act; not yet be available. Congress DEPARTMENT implementation— H.R. 1770/P.L. 108–20 Copyright Arbitration Royalty Federal Aviation Nauru; special measures Smallpox Emergency Panel rules and procedures: Administration imposition due to Personnel Protection Act of Digital performance of Airworthiness directives: designation as primary 2003 (Apr. 30, 2003; 117 Stat. sound recordings; General Electric Co.; money laundering 638) reasonable rates and comments due by 5-19- concern; comments due terms determinations; 03; published 3-18-03 [FR by 5-19-03; published S. 151/P.L. 108–21 03-06044] comments due by 5-21- 4-17-03 [FR 03-09410] Prosecutorial Remedies and 03; published 4-21-03 [FR TRANSPORTATION Terrorism Risk Insurance Other Tools to end the 03-09783] DEPARTMENT Program Exploitation of Children Today NATIONAL AERONAUTICS Federal Aviation State residual market Act of 2003 (Apr. 30, 2003; AND SPACE Administration insurance entities and 117 Stat. 650) Airworthiness directives: ADMINISTRATION State workers’ Last List April 29, 2003 Space flight: Short Brothers and Harland compensation funds; Ltd.; comments due by 5- Astronaut candidates; comments due by 5-19- 19-03; published 4-10-03 recruitment and selection; 03; published 4-18-03 [FR [FR 03-08750] Public Laws Electronic comments due by 5-23- 03-09613] Airworthiness standards: Notification Service 03; published 4-23-03 [FR TREASURY DEPARTMENT 03-10002] Special conditions— (PENS) Embraer Model ERJ-170 Terrorism Risk Insurance NUCLEAR REGULATORY series airplanes; Program COMMISSION comments due by 5-23- Statutory conditions for PENS is a free electronic mail Byproduct material; medical 03; published 4-23-03 Federal payment; notification service of newly use: [FR 03-10045] comments due by 5-19- enacted public laws. To Clarifications and Class E airspace; comments 03; published 4-18-03 [FR subscribe, go to http:// amendments; comments due by 5-19-03; published 03-09611] listserv.gsa.gov/archives/ due by 5-21-03; published 4-3-03 [FR 03-08143] TREASURY DEPARTMENT publaws-l.html 4-21-03 [FR 03-09601] TRANSPORTATION Terrorism Risk Insurance Note: This service is strictly NUCLEAR REGULATORY DEPARTMENT Program for E-mail notification of new COMMISSION Federal Aviation Statutory conditions for laws. The text of laws is not Byproduct material; medical Administration Federal payment; cross- available through this service. use: Class E airspace; comments reference; comments due PENS cannot respond to Clarifications and due by 5-19-03; published by 5-19-03; published 4- specific inquiries sent to this amendments; comments 4-17-03 [FR 03-09506] 18-03 [FR 03-09612] address.
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