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Phyllostegia Hispida 9078 Federal Register / Vol. 73, No. 33 / Tuesday, February 19, 2008 / Proposed Rules establishes procedures for 49 U.S.C. (b) Upon submission of its ‘‘before DEPARTMENT OF THE INTERIOR 5309 (‘‘Section 5309’’) capital and after’’ data documenting that the investment project sponsors to apply for project meets the cost and ridership Fish and Wildlife Service and receive incentive awards if their criteria, the project sponsor may request project meets eligibility criteria for both that FTA award the project sponsor a 50 CFR Part 17 cost and ridership estimates. performance incentive. [FWS–R1–ES–2008–0016; 1111 FY07 MO– B2] § 612.3 Definitions. § 612.9 Incentive award standards. As used in this part, the following RIN 1018–AV00 definitions apply: (a) For a project sponsor to be eligible Before and After Study refers to the to receive a performance incentive Endangered and Threatened Wildlife project sponsor’s comparison and award, the project must meet criteria for and Plants; Listing Phyllostegia analysis of planning assumptions, both cost and ridership estimates. hispida (No Common Name) as forecast results, and existing transit (1) Actual opening year ridership Endangered Throughout Its Range system characteristics ‘‘before’’ shall be not less than 90 percent of that AGENCY: Fish and Wildlife Service, implementation of a New Starts project forecast; and Interior. with the project costs and benefits (2) Actual capital costs, adjusted for ACTION: Proposed rule; request for realized ‘‘after’’ two years of revenue inflation, shall be not more than 110 public comments. service. percent of those estimated; at the time Contractor Performance Assessment SUMMARY: We, the U.S. Fish and the project entered Preliminary Report refers to an annual report to Wildlife Service (Service), propose to Congress, in which FTA reports the Engineering (PE). list Phyllostegia hispida (no common accuracy of contractor projections for (b) FTA will base its incentive award name), a plant species from the island cost and ridership from entry into eligibility determination on the cost and of Molokai in the Hawaiian Islands, as Preliminary Engineering (PE) through ridership information provided by the endangered under the Endangered two years after the system is open for project sponsor to FTA for the purposes Species Act of 1973, as amended (Act). service. of the ‘‘Before and After Study’’ and the If we finalize this rule as proposed, it Full Funding Grant Agreement ‘‘Contractor Performance Assessment would extend the Act’s protections to (FFGA) refers to an instrument that Report.’’ this species. We have determined that defines the scope of a project, the critical habitat for Phyllostegia hispida Federal financial contribution, and § 612.11 Incentive amount. is prudent but not determinable at this other terms and conditions for funding FTA will determine the amount of the time. New Starts projects as required by 49 performance incentive award based on DATES: We will accept comments U.S.C. 5309(d)(1) and (g)(2). received or postmarked on or before Project Construction Grant Agreement the size and complexity of the project and may award up to an additional five April 21, 2008. We must receive (PCGA) refers to an instrument that requests for public hearings, in writing, defines the scope of a project, the percent of the federal grant amount identified in the FFGA or PCGA. at the address shown in the ADDRESSES Federal financial contribution, and section by April 4, 2008. other terms and conditions for funding § 612.13 Funding source. ADDRESSES: You may submit comments Small Starts projects as required by 49 by one of the following methods: Incentive funds will be available from U.S.C. 5309(e)(7). • Federal eRulemaking Portal: http:// Section 5309 capital investment New Starts funds available under 49 www.regulations.gov. Follow the project refers to a new fixed guideway U.S.C. 5309(d) or 5309(e). instructions for submitting comments. system or an extension to an existing • § 612.15 Eligible uses of award. U.S. mail or hand-delivery: Public fixed guideway system, but does not Comments Processing, Attn: RIN 1018– include rail modernization or non- The performance incentive award AV00; Division of Policy and Directives corridor bus capital projects funded may be: Management; U.S. Fish and Wildlife under 49 U.S.C. 5309. (a) used to fund any item eligible Service; 4401 N. Fairfax Drive, Suite § 612.5 Eligible candidates. under 49 U.S.C. 5309(b)(1) or (b)(4); or 222, Arlington, VA 22203. We will not accept e-mail or faxes. We All Section 5309 capital investment (b) shared with contractors that will post all comments on http:// project sponsors who will or have prepared reliable cost and ridership www.regulations.gov. This generally receive(d) a Full Funding Grant estimates for the project. means that we will post any personal Agreement (FFGA) or a Project information you provide us (see the Construction Grant Agreement (PCGA) Issued in Washington, DC, this 12th day of Public Comments Solicited section after August 10, 2005, are eligible to February 2008. below for more information). receive incentive awards. James S. Simpson, Administrator. FOR FURTHER INFORMATION CONTACT: § 612.7 Payment mechanism. [FR Doc. E8–3025 Filed 2–15–08; 8:45 am] Patrick Leonard, Field Supervisor, U.S. (a) Full Funding Grant Agreements Fish and Wildlife Service, Pacific BILLING CODE 4910–57–P (FFGA) and Project Construction Grant Islands Fish and Wildlife Office, 300 Agreements (PCGA) for Section 5309 Ala Moana Boulevard, Box 50088, capital investment projects will include Honolulu, HI 96850; telephone 808– an incentive clause that will allow for 792–9400; facsimile 808–792–9581. If an amendment to either increase the you use a telecommunications device Federal funding contribution, allow for for the deaf (TDD), call the Federal the addition of scope, or provide a Information Relay Service (FIRS) at financial award, when the criteria of 800–877–8339. § 612.9 have been met. SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 16:24 Feb 15, 2008 Jkt 214001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\19FEP1.SGM 19FEP1 rwilkins on PROD1PC63 with PROPOSALS Federal Register / Vol. 73, No. 33 / Tuesday, February 19, 2008 / Proposed Rules 9079 Public Comments information from public review. influence on the unique native forests of We intend that any final action However, we cannot guarantee that we the Hawaiian Islands, and are widely resulting from this proposed rule will be will be able to do so. recognized as one of the greatest threats Comments and materials we receive, based on the best scientific and to forest ecosystems in Hawaii today as well as supporting documentation we commercial data available and be as (Aplet, et al. 1991, p. 56; Anderson and used in preparing this proposed rule, accurate and as effective as possible. Stone 1993, p. 195; Loope 1999, p. 56). will be available for public inspection Therefore, we request comments or Introduced (nonnative) plant species, on http://www.regulations.gov, or by information from the public, other which now comprise approximately half appointment, during normal business of the plant taxa in the islands, have concerned governmental agencies, the hours, at the U.S. Fish and Wildlife come to dominate many Hawaiian scientific community, industry, or any Service, Pacific Islands Fish and ecosystems, and frequently outcompete other interested party concerning this Wildlife Office (see FOR FURTHER native plants for space, light, water, and proposed rule. We particularly seek INFORMATION CONTACT section). nutrients, as well as alter ecosystem comments concerning: function, rendering habitats unsuitable (1) Biological, commercial trade, or Background for native species (Cuddihy and Stone other relevant data concerning any Phyllostegia hispida is known only 1990, pp. 73–91; Vitousek 1986, pp. 29– threats (or lack thereof) to this species from the island of Molokai, Hawaii. 41). and regulations that may be addressing Molokai is approximately 38 miles (mi) The plant Phyllostegia hispida, those threats; (61 kilometers (km)) long and up to 10 known only from the island of Molokai, (2) Additional information concerning mi (16 km) wide, and encompasses an has only a few recorded occurrences, the range, distribution, and population area of about 260 square (sq) mi (674 sq and for a short period of time recently, size of this species, including the km) (Foote, et al. 1972, p. 11; was thought to be possibly extinct in the locations of any additional populations Department of Geography 1998, p. 13). wild. Alteration of the plant’s native of this species; Three shield volcanoes make up most of habitat by feral pigs and nonnative (3) Any information on the biological the land mass, dividing the island into plants are thought to be the primary or ecological requirements of the roughly three geographic segments— threats to P. hispida, in conjunction species; West Molokai Mountain, East Molokai with the threat of predation by feral (4) Current or planned activities in the Mountain, and a volcano that formed pigs, competition with nonnative plants, areas occupied by the species and Kalaupapa Peninsula (Department of and the negative demographic and possible impacts of these activities on Geography 1998, pp. 11, 13). genetic consequences of extremely small this species; The taller and larger East Molokai population size. (5) Which areas would be appropriate Mountain which makes up eastern as critical habitat for the species and Molokai rises 4,970 ft (1,514 m) above Species Information why they should be proposed for sea level on the island’s summit at Phyllostegia hispida was first designation as critical habitat; and Kamakou and comprises roughly 50 described by William Hillebrand in (6) The reasons why areas should or percent of the island’s land area 1870 from a specimen collected from an should not be designated as critical (Department of Geography 1998, p.
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