Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules 40633 substitution of DTV channel 42 for may also be purchased from the DEPARTMENT OF THE INTERIOR channel 62 at Hammond. DTV Channel Commission’s duplicating contractor, 42 can be allotted to Hammond at Qualex International, Portals II, 445 Fish and Wildlife Service reference coordinates 29–58–57 N. and 12th Street, SW., Room CY–B402, 89–57–09 W. with a power of 1000, a Washington, DC, 20554, telephone 202– 50 CFR Part 17 height above average terrain HAAT of 863–2893, facsimile 202–863–2898, or RIN 1018–AH94 308 meters. via e-mail [email protected]. DATES: Comments must be filed on or Endangered and Threatened Wildlife Provisions of the Regulatory before July 29, 2002, and reply and Plants; Designation of Critical Flexibility Act of 1980 do not apply to comments on or before August 13, 2002. Habitat for Blackburn’s Sphinx Moth this proceeding. ADDRESSES: The Commission permits AGENCY: the electronic filing of all pleadings and Members of the public should note Fish and Wildlife Service, comments in proceeding involving that from the time a Notice of Proposed Interior. petitions for rule making (except in Rule Making is issued until the matter ACTION: Proposed rule. broadcast allotment proceedings). See is no longer subject to Commission SUMMARY: We, the U. S. Fish and Electronic Filing of Documents in Rule consideration or court review, all ex Wildlife Service (Service), propose Making Proceedings, GC Docket No. 97– parte contacts are prohibited in designation of critical habitat for the 113 (rel. April 6, 1998). Filings by paper Commission proceedings, such as this Blackburn’s sphinx moth (Manduca can be sent by hand or messenger one, which involve channel allotments. delivery, by commercial overnight blackburni), pursuant to the Endangered See 47 CFR 1.1204(b) for rules Species Act of 1973, as amended (Act). courier, or by first-class or overnight governing permissible ex parte contacts. U.S. Postal Service mail (although we A total of approximately 40,240 hectares continue to experience delays in For information regarding proper (99,433 acres) on the Hawaiian Islands receiving U.S. Postal Service mail). The filing procedures for comments, see 47 of Maui, Hawaii, Molokai, and Commission’s contractor, Vistronix, CFR 1.415 and 1.420. Kahoolawe are proposed for designation as critical habitat for Blackburn’s sphinx Inc., will receive hand-delivered or List of Subjects in 47 CFR Part 73 messenger-delivered paper filings for moth. the Commission’s Secretary at 236 Digital television broadcasting, Critical habitat receives protection Massachusetts Avenue, NE., Suite 110, Television. from destruction or adverse Washington, DC 20002. The filing hours modification through required at this location are 8:00 a.m. to 7:00 p.m. For the reasons discussed in the consultation under section 7 of the Act All hand deliveries must be held preamble, the Federal Communications with regard to actions carried out, together with rubber bands or fasteners. Commission proposes to amend 47 CFR funded, or authorized by a Federal Any envelopes must be disposed of part 73 as follows: agency. Section 4 of the Act requires us before entering the building. to consider economic and other relevant Commercial overnight mail (other than PART 73—RADIO BROADCAST impacts when specifying any particular U.S. Postal Service Express Mail and SERVICES area as critical habitat. Priority Mail) must be sent to 9300 East We solicit data and comments from Hampton Drive, Capitol Heights, MD 1. The authority citation for part 73 the public on all aspects of this 20743. U.S. Postal Service first-class continues to read as follows: proposal, including data on economic mail, Express Mail, and Priority Mail Authority: 47 U.S.C. 154, 303, 334 and 336. and other impacts of the designation. should be addressed to 445 12th Street, We may revise or further refine critical SW., Washington, DC 20554. All filings § 73.606 [Amended] habitat boundaries described in this proposal after taking into consideration must be addressed to the Commission’s 2. Section 73.606(b), the Table of the comments or any new information Secretary, Office of the Secretary, Television Allotments under Louisiana Federal Communications Commission, received during the comment period, is amended by removing Hammond, Washington, DC 20554. In addition to and such information may lead to a final channel 62+. filing comments with the FCC, regulation that differs from this interested parties should serve the § 73.622 [Amended] proposal. petitioner, or its counsel or consultant, DATES: We will accept comments until 3. Section 73.622(b), the Table of as follows: David D. Oxenford, Shaw the close of business on August 12, Digital Television Allotments under Pittman, LLP, 2300 N Street, NW., 2002. Requests for a public hearing must Washington, DC 20037–1128 (Counsel Louisiana is amended by adding be received by July 29, 2002. for KB Prime Media LLC). Hammond, DTV channel 42. ADDRESSES: If you wish to comment, FOR FURTHER INFORMATION CONTACT: Pam Federal Communications Commission. send your comments and other Blumenthal, Media Bureau, (202) 418– Barbara A. Kreisman, materials on this proposed rule to Paul 1600. Chief, Video Division, Media Bureau. Henson, Field Supervisor, Pacific SUPPLEMENTARY INFORMATION: This is a [FR Doc. 02–14998 Filed 6–12–02; 8:45 am] Islands Fish and Wildlife Office, U.S. synopsis of the Commission’s Notice of Fish and Wildlife Service, 300 Ala BILLING CODE 6712–01–P Proposed Rule Making, MB Docket No. Moana Boulevard, Room 3–122, Box 02–131, adopted May 29, 2002, and 50088, Honolulu, HI 96850. You may released June 5, 2002. The full text of also hand-deliver written comments to this document is available for public our Pacific Islands Fish and Wildlife inspection and copying during regular Office at the address given above. You business hours in the FCC Reference may view the comments and materials Information Center, Portals II, 445 12th that we receive, as well as supporting Street, SW., Room CY–A257, documentation used in the preparation Washington, DC 20554. This document of this proposed rule, by appointment, VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 40634 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules during normal business hours at our islands were formed sequentially by cm (400 in) per year, making it the Pacific Islands Fish and Wildlife Office. basaltic lava that emerged from a hot second wettest spot in Hawaii FOR FURTHER INFORMATION CONTACT: Paul spot in the earth’s crust located near the (Department of Geography 1998). East Henson, Field Supervisor, Pacific current southeastern coast of the island Maui’s Haleakala Mountain, reaching Islands Fish and Wildlife Office, at the of Hawaii (Stearns 1985). It is widely 3,055 m (10,023 ft) in elevation, has above address (telephone 808/541–3441; accepted that the native flora and fauna retained its classic shield shape with the facsimile 808/541–3470). of the Hawaiian Islands arrived by wind most recent eruptions occurring in the and ocean currents, as passengers on or SUPPLEMENTARY INFORMATION: last 220 years on the southeastern inside other organisms, or as in the case slopes. Rainfall on the slopes of Species Description of some fauna, on their own power, to Haleakala is extremely variable, with its Blackburn’s sphinx moth (moth) evolve over the course of millions of windward (northeastern) slope receiving (Manduca blackburni) is one of Hawaii’s years into one of most highly speciated the most precipitation. largest native insects, with a wingspan and diverse natural environments found Geologically, Maui is part of the four- anywhere in the world (Wagner and of up to 12 centimeters (cm) (5 inches island complex comprising Maui, Funk 1995). Below, we provide brief (in)). Like other sphinx moths in the Molokai, Lanai, and Kahoolawe, known geographical descriptions of the family Sphingidae, it has long, narrow collectively as Maui Nui. During the last Hawaiian Islands discussed in this forewings, and a thick, spindle-shaped Ice Age about 12,000 years ago when sea proposed rule. body tapered at both ends. It is grayish levels were about 160 m (525 ft) below brown in color, with black bands across Hawaii their present level, it is possible the four the apical (top) margins of the hind The island of Hawaii is the largest, islands were connected by a broad wings, and five orange spots along each highest, and youngest of the eight major lowland plain (Department of side of the abdomen. The larva is a islands, and it has an area of 10,458 Geography 1998). This land bridge may typical, large ‘‘hornworm’’ caterpillar, square kilometers (km 2) (4,038 square have allowed the movement and with a spine-like process on the dorsal miles (mi 2)). It was formed by five, interaction of the islands’ flora and (upper) surface of the eighth abdominal interconnected shield volcanoes fauna and contributed to the close segment. Caterpillars occur in two color (Hualalai, Mauna Kea, Mauna Loa, relationships of their biota of present forms, a bright green or a grayish form. Kilauea, and Kohala Mountains). The (Hobdy 1993). This variation in color does not appear Kohala Mountains, at the northeastern Kahoolawe until the fifth instar (the fifth stage portion of the island, are the oldest and between molts) (Van Gelder and Conant reach an elevation of about 1,344 m The island of Kahoolawe comprises 1998). Both color forms have scattered (4,408 ft) above sea level. Mauna Kea some 117 km2 (45 mi2).