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2002 Federal Register, 67 FR 15955

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2002 Federal Register, 67 FR 15955 Federal Register / Vol. 67, No. 64 / Wednesday, April 3, 2002 / Proposed Rules 15955 specifying such areas as critical habitat. We endangered and threatened plant species on extent consistent with applicable law, we cannot exclude such areas from critical the islands of Maui and Kahoolawe. We are will make all submissions from organizations habitat when such exclusion will result in soliciting comments in this proposed rule on or businesses, and from individuals the extinction of the species concerned. We whether current land management plans or identifying themselves as representatives or will conduct an analysis of the economic practices applied within the areas proposed officials of organizations or businesses, impacts of designating these areas as critical as critical habitat provide for the available for public inspection in their habitat in light of this new proposal and in conservation of the species by adequately entirety. Comments and materials received accordance with recent decisions in the N.M. addressing the threats. We are also soliciting will be available for public inspection, by Cattlegrowers Ass’n v. U.S. Fish and Wildlife comments on whether future development appointment, during normal business hours Serv., 248 F.3d 1277 (10th Cir. 2001) prior to and approval of conservation measures (e.g., at the above address (see ADDRESSES section). a final determination. The economic analysis HCPs, Conservation Agreements, Safe Harbor The comment period closes on June 3, will include detailed information on the Agreements) should be excluded from critical 2002. Written comments should be submitted baseline costs and benefits attributable to habitat and if so, by what mechanism. to the Service Office listed in the ADDRESSES listing these 61 plant species, where such In addition, we are seeking comments on section. We are seeking comments or estimates are available. This information on the following: suggestions from the public, other concerned the baseline will allow a fuller appreciation (1) The reasons why critical habitat for any governmental agencies, the scientific of the economic impacts associated with of these species is prudent or not prudent as community, industry, or any other interested listing and with critical habitat designation. provided by section 4 of the Act and 50 CFR parties concerning the proposed rule. For When completed, we will announce the 424.12(a)(1), including those species for additional information on public hearings see availability of the revised draft economic which prudency determinations have been the ADDRESSES section. published in previous proposed rules and analysis with a notice in the Federal Peer Review Register, and we will open a public comment which have been incorporated by reference; period on the revised draft economic analysis (2) The reasons why any particular area In accordance with our policy published and reopen the comment period on the should or should not be designated as critical on July 1, 1994 (59 FR 34270), we will seek proposed rule at that time. habitat for any of these species, as critical the expert opinions of at least three We will utilize the final economic analysis, habitat is defined by section 3 of the Act (16 appropriate and independent specialists and take into consideration all comments and U.S.C. 1532(5)); regarding this proposed rule. The purpose of information regarding economic or other (3) Specific information on the amount, such review is to ensure listing and critical impacts submitted during the public distribution, and quality of habitat for the 61 habitat decisions are based on scientifically comment period and the public hearing, to species, and what habitat is essential to the sound data, assumptions, and analyses. We make final critical habitat designations. We conservation of the species and why; will send copies of this proposed rule to may exclude areas from critical habitat upon (4) Land use practices and current or these peer reviewers immediately following a determination that the benefits of such planned activities in the subject areas and publication in the Federal Register. We will exclusions outweigh the benefits of their possible impacts on proposed critical invite the peer reviewers to comment, during the public comment period, on the specific specifying such areas as part of critical habitat; assumptions and conclusions regarding the habitat; however, we cannot exclude areas (5) Any economic or other impacts proposed designations of critical habitat. from critical habitat when such exclusion resulting from the proposed designations of We will consider all comments and data will result in the extinction of the species. critical habitat, including any impacts on small entities or families; received during the 60-day comment period Public Comments Solicited (6) Economic and other potential values on this revised proposed rule during It is our intent that any final action associated with designating critical habitat preparation of a final rulemaking. resulting from this proposal be as accurate for the above plant species such as those Accordingly, the final decision may differ and as effective as possible. Therefore, we derived from non-consumptive uses (e.g., from this proposal. solicit comments or suggestions from the hiking, camping, birding, enhanced Clarity of the Rule public, other concerned governmental watershed protection, increased soil Executive Order 12866 requires each agencies, the scientific community, industry retention, ‘‘existence values,’’ and reductions agency to write regulations and notices that or any other interested party concerning this in administrative costs); are easy to understand. We invite your proposed rule. (7) The methodology we might use, under comments on how to make this proposed rule We invite comments from the public that section 4(b)(2) of the Act, in determining if easier to understand including answers to provide information on whether lands within the benefits of excluding an area from critical questions such as the following: (1) Are the proposed critical habitat are currently being habitat outweigh the benefits of specifying requirements in the proposed rule clearly managed to address conservation needs of the area as critical habitat; and stated? (2) Does the proposed rule contain these listed plants. As stated earlier in this (8) The effects of critical habitat technical language or jargon that interferes revised proposed rule, if we receive designation on military lands, and how it with the clarity? (3) Does the format of the information that any of the areas proposed as would affect military activities, particularly proposed rule (grouping and order of critical habitat are adequately managed, we military activities at the Kanaio Training sections, use of headings, paragraphing, etc.) may delete such areas from the final rule, Area on the island of Maui; whether there aid or reduce its clarity? (4) Is the description because they would not meet the definition will be a significant impact on military of the proposed rule in the SUPPLEMENTARY in section 3(5)(A)(i) of the Act. In readiness or national security if we designate INFORMATION section of the preamble helpful determining adequacy of management, we critical habitat on this facility, and whether in understanding the document? (5) What must find that the management effort is this facility should be excluded from the else could we do to make the proposed rule sufficiently certain to be implemented and designation under section 4(b)(2) of the Act. easier to understand? effective so as to contribute to the Our practice is to make comments, Please send any comments that concern elimination or adequate reduction of relevant including names and home addresses of how we could make this notice easier to threats to the species. respondents, available for public review understand to: Office of Regulatory Affairs, We are soliciting comment in this revised during regular business hours. Individual Department of the Interior, Room 7229, 1849 proposed rule on whether current land respondents may request that we withhold C Street NW., Washington, DC 20240. management plans or practices applied their home address, which we will honor to within areas proposed as critical habitat the extent allowable by law. There also may Taxonomic Changes adequately address the threat to these listed be circumstances in which we would At the time we listed Clermontia peleana, species. withhold a respondent’s identity, as Cyanea grimesiana ssp. grimesiana, Cyanea We are aware that the State of Hawaii and allowable by law. If you wish us to withhold lobata, Delissea undulata, Mariscus some private landowners are considering the your name and/or address, you must state pennatiformis, Phyllostegia parviflora, and development and implementation of land this request prominently at the beginning of Phyllostegia mollis, we followed the management plans or agreements that may your comment. However, we will not taxonomic treatments in Wagner et al. (1990), promote the conservation and recovery of consider anonymous comments. To the the widely used and accepted Manual of the VerDate Mar<13>2002 10:04 Apr 02, 2002 Jkt 197001 PO 00000 Frm 00101 Fmt 4701 Sfmt 4702 E:\FR\FM\03APP2.SGM pfrm03 PsN: 03APP2 15956 Federal Register / Vol. 67, No. 64 / Wednesday, April 3, 2002 / Proposed Rules Flowering Plants of Hawaii. For Required Determinations environment, public health or safety, or State Phlegmariurus mannii we used the ‘‘Revised or local governments or communities. Regulatory Planning and Review Checklist of Hawaiian Pteridophytes’’ Therefore, at this time, we do not believe a (Wagner and Wagner 1994). Subsequent to In accordance with Executive Order 12866, cost benefit and economic analysis pursuant this document is a significant rule and was the final listing, we became aware of new to Executive Order 12866 is required. We reviewed by the Office of Management and will revisit this if the economic analysis taxonomic treatments of these species. Due to Budget (OMB) in accordance with the four the court-ordered deadlines, we are required indicates greater impacts than currently criteria discussed below.
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