Endangered and Threatened Wildlife; Project Modifications That May Result
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6616 Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Proposed Rules would result in a significant economic are present, Federal agencies will also regulatory flexibility analysis is not impact on a substantial number of small be required to consult with us under required. entities. Based on comments we receive, section 7 of the Act, due to the Author we may revise this determination as part endangered status of the species. of a final rulemaking. Consultations to avoid the destruction The primary author of this document According to the Small Business or adverse modification of critical is the staff of the Mississippi Fish and Administration, small entities include habitat would be incorporated into the Wildlife Office (see ADDRESSES section). small organizations, such as same consultation process. Authority independent nonprofit organizations; In the DEA, we evaluated the small governmental jurisdictions, potential economic effects on small The authority for this action is the including school boards and city and entities resulting from implementation Endangered Species Act of 1973, as town governments that serve fewer than of conservation actions related to the amended (16 U.S.C. 1531 et seq.). 50,000 residents; and small businesses proposed designation of critical habitat Dated: January 25, 2010 (13 CFR 121.201). Small businesses for the Georgia pigtoe mussel Thomas L. Strickland include manufacturing and mining (Pleurobema hanleyianum), interrupted Assistant Secretary for Fish and Wildlife and concerns with fewer than 500 rocksnail (Leptoxis foremani), and rough Parks employees, wholesale trade entities hornsnail (Pleurocera foremani). Based with fewer than 100 employees, retail [FR Doc. 2010–2870 Filed 2–9–10; 8:45 am] on that analysis, impacts on small BILLING CODE 4310–55–S and service businesses with less than $5 entities due to this rule are expected to million in annual sales, general and be modest because the incremental costs heavy construction businesses with less of the rule are estimated to be DEPARTMENT OF COMMERCE than $27.5 million in annual business, administrative in nature. The only special trade contractors doing less than incremental impacts associated with $11.5 million in annual business, and National Oceanic and Atmospheric this rulemaking are administrative costs Administration agricultural businesses with annual of consultation under section 7 of the sales less than $750,000. To determine Act. The administrative costs described 50 CFR Parts 223 and 224 if potential economic impacts to these in Appendix B of the DEA are small entities are significant, we predominantly associated with water [Docket No. 0911231415–0052–01] considered the types of activities that management, water quality, National might trigger regulatory impacts under RIN 0648–XT12 Forest, and construction. The following this designation as well as types of percentages are estimated annualized Endangered and Threatened Wildlife; project modifications that may result. In incremental impacts by activities Notice of 90–Day Finding on a Petition general, the term significant economic discounted at 7 percent: 42 percent to List 83 Species of Corals as impact is meant to apply to a typical transportation construction, 33 percent Threatened or Endangered Under the small business firm’s business water quality, 18 percent national forest Endangered Species Act (ESA) operations. activities, and 7 percent water To determine if the proposed AGENCY: management. Tribal lands are not National Marine Fisheries designation of critical habitat for the Service (NMFS), National Oceanic and Georgia pigtoe mussel (Pleurobema expected to be affected by the designation. Incremental costs to all Atmospheric Administration (NOAA), hanleyianum), interrupted rocksnail Department of Commerce. (Leptoxis foremani), and rough parties are not expected to exceed $43,600 annualized (discounted at ACTION: 90–day petition finding; request hornsnail (Pleurocera foremani) would for information. affect a substantial number of small seven percent). Third parties (some of which may be small entities) would bear entities, we considered the number of SUMMARY: We (NMFS) announce a 90– significantly less than this total— small entities affected within particular day finding on a petition to list 83 approximately $5,060 annualized, or types of economic activities, such as species of corals as threatened or less than 1 percent impact for all residential and commercial endangered under the ESA. We find that sectors. These potential impacts may development. In order to determine the petition presents substantial result from consultations on changes in whether it is appropriate for our agency scientific or commercial information water management, actions that affect to certify that this rule would not have indicating that the petitioned actions water quality, dredging activities, or a significant economic impact on a may be warranted for 82 species; we other activities in the region. Please substantial number of small entities, we find that the petition fails to present refer to the DEA of the proposed critical considered each industry or category substantial scientific or commercial habitat designation for a more detailed individually. In estimating the numbers information indicating that the discussion of potential impacts. of small entities potentially affected, we petitioned action may be warranted for also considered whether their activities In summary, we have considered Oculina varicosa. Therefore, we initiate have any Federal involvement. Critical whether the proposed designation status reviews of 82 species of corals to habitat designation will not affect would result in a significant economic determine if listing under the ESA is activities that do not have any Federal impact on a substantial number of small warranted. To ensure these status involvement; designation of critical entities. Information for this analysis reviews are comprehensive, we solicit habitat only affects activities conducted, was gathered from the Small Business scientific and commercial information funded, permitted, or authorized by Administration, stakeholders, and the regarding these coral species. Federal agencies. Service. For the reasons discussed If we finalize this proposed listing above, and based on currently available DATES: Information and comments must rule and critical habitat designation, information, we certify that if be submitted to NMFS by April 12, Federal agencies must consult with us promulgated, the proposed designation 2010. under section 7 of the Act if their would not have a significant economic ADDRESSES: You may submit comments, activities may affect designated critical impact on a substantial number of small information, or data, identified by the habitat. In areas where the 3 mollusks business entities. Therefore, an initial Regulation Identifier Number (RIN), VerDate Nov<24>2008 15:11 Feb 09, 2010 Jkt 220001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\10FEP1.SGM 10FEP1 cprice-sewell on DSK2BSOYB1PROD with PROPOSALS Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Proposed Rules 6617 0648-XT12, by any of the following development, coastal point source Oculinidae (1). Seventy-five of the methods: pollution, agricultural and land use petitioned species are in the Indo- Electronic Submissions: Submit all practices, disease, predation, reef Pacific region, represented by five electronic public comments via the fishing, aquarium trade, physical families (nine species) in Hawaii: Federal eRulemaking Portal: http:// damage from boats and anchors, marine Acroporidae (4); Agaricidae (1); www.regulations.gov. debris, and aquatic invasive species. Poritidae (1); Faviidae (2); Mail: Assistant Regional The petition briefly summarizes the Siderastreidae (1); and 11 families and Administrator, Protected Resources description, taxonomy, natural history, one order in the rest of the Indo-Pacific Division, NMFS, Pacific Islands distribution, and status for each region: Acroporidae (31); Agaricidae (7); Regional Office, 1601 Kapiolani Blvd., petitioned species, and discusses the Poritidae (6); Faviidae (2); Suite 1110, Honolulu, HI 96814 (for status of each oceanic basin’s coral Dendrophylliidae (4); Euphyllidae (4); species occurring in the Pacific Ocean); reefs. It also describes current and Oculinidae (1); Pectiniidae (1); or Assistant Regional Administrator, future threats that the petitioners assert Mussidae (4); Pocilloporidae (3); Protected Resources Division, NMFS, are affecting or will affect these species. Milleporidae (2); Order Helioporacea Southeast Regional Office, 263 13th The 83 species included in the (1). All 83 species can be found in the Avenue South, St. Petersburg, FL 33701 petition are: Acanthastrea brevis, United States, its territories (Puerto (for species occurring in the Atlantic Acanthastrea hemprichii, Acanthastrea Rico, U.S. Virgin Islands, Navassa, Ocean). ishigakiensis, Acanthastrea regularis, Northern Mariana Islands, Guam, Facsimile (fax): (907) 586–7012 (for Acropora aculeus, Acropora acuminate, American Samoa, Pacific Remote Island species occurring in the Pacific Ocean); Acropora aspera, Acropora dendrum, Areas), or its freely associated states (727) 824–5309 (for species occurring in Acropora donei, Acropora globiceps, (Republic of the Marshall Islands, the Atlantic Ocean). Acropora horrida, Acropora Federated States of Micronesia, and Instructions: All comments received jacquelineae, Acropora listeri, Acropora