33058 Federal Register / Vol. 68, No. 106 / Tuesday, June 3, 2003 / Proposed Rules DoD published proposed amendments U.S.C. 2371 for prototype projects critical habitat. The regulatory effect of to the ‘‘Other Transactions’’ regulations when— the critical habitat designation does not at 32 CFR part 3 on May 20, 2003 (68 (1) The other transaction agreement extend beyond those activities funded, FR 27497), to implement Section 822. includes provisions for a follow-on permitted, or carried out by Federal This proposed DFARS rule provides the production contract; agencies. State or private actions with corresponding exemption from (2) The contracting officer receives no Federal involvement are not affected. competition requirements for follow-on sufficient information from the Section 4 of the Act requires us to production contracts awarded under the agreements officer and the project consider the economic and other authority of Section 822. manager for the prototype other relevant impacts of specifying any area This rule was not subject to Office of transaction agreement, which as critical habitat. We hereby solicit data Management and Budget review under documents that the conditions set forth and comments from the public on all Executive Order 12866, dated in 10 U.S.C. 2371 note, subsections aspects of this proposal, including data September 30, 1993. (f)(2)(A) and (B) (see 32 CFR 3.9(c)), on the economic and other impacts of the designation. We have conducted an B. Regulatory Flexibility Act have been met; and (3) The contracting officer establishes analysis of the economic impacts of DoD does not expect this rule to have quantities and prices for the follow-on designating these areas as critical a significant economic impact on a production contract that do not exceed habitat and are announcing its substantial number of small entities the quantities and target prices availability for public review. That within the meaning of the Regulatory established in the other transaction economic analysis has been conducted Flexibility Act, 5 U.S.C. 601, et seq., agreement. in a manner that is consistent with the because the rule applies only to ruling of the 10th Circuit Court of [FR Doc. 03–13536 Filed 6–2–03; 8:45 am] production contracts for DoD weapons Appeals in N.M. Cattle Growers Ass’n v. and weapon systems. Such contracts BILLING CODE 5001–08–P USFWS. typically are not awarded to small DATES: We will consider comments business concerns. Therefore, DoD has received by August 4, 2003. We must DEPARTMENT OF THE INTERIOR not performed an initial regulatory receive requests for public hearings, in flexibility analysis. DoD invites Fish and Wildlife Service writing, at the address shown in the comments from small businesses and ADDRESSES section by July 18, 2003. other interested parties. DoD also will ADDRESSES: If you wish to comment on consider comments from small entities 50 CFR Part 17 this proposed rule and/or the draft concerning the affected DFARS subpart RIN 1018–AI74 economic analysis, you may submit in accordance with 5 U.S.C. 610. Such your comments by any one of several comments should be submitted Endangered and Threatened Wildlife methods: separately and should cite DFARS Case and Plants; Designation of Critical 1. You may submit written comments 2002–D023. Habitat for Arabis perstellata (Braun’s Rock-cress) and information to the Field Supervisor, C. Paperwork Reduction Act U.S. Fish and Wildlife Service, 446 Neal The Paperwork Reduction Act does AGENCY: Fish and Wildlife Service, Street, Cookeville, TN 38501. not apply because the rule does not Interior. 2. You may hand-deliver written impose any information collection ACTION: Proposed rule and notice of comments to our Tennessee Field Office requirements that require the approval document availability. at the above address or fax your of the Office of Management and Budget comments to 931/528–7075. under 44 U.S.C. 3501, et seq. SUMMARY: We, the Fish and Wildlife 3. You may send comments by Service (Service), determine that critical electronic mail (e-mail) to List of Subjects in 48 CFR Part 206 habitat is prudent and propose to [email protected]. For directions Government procurement. designate critical habitat for the Arabis on how to submit electronic filing of perstellata (Braun’s rock-cress), an comments, see the ‘‘Public Comments Michele P. Peterson, endangered species listed under the Solicited’’ section. Executive Editor, Defense Acquisition Endangered Species Act of 1973, as FOR FURTHER INFORMATION CONTACT: Regulations Council. amended (Act). We propose 20 specific Timothy Merritt at the above address Therefore, DoD proposes to amend 48 geographic areas (units) in Kentucky (17 (telephone 931/528–6481, extension CFR part 206 as follows: units) and Tennessee (3 units) as critical 211; facsimile 931/528–7075). 1. The authority citation for 48 CFR habitat for Arabis perstellata. These SUPPLEMENTARY INFORMATION: part 206 continues to read as follows: units encompass approximately 408 Authority: 41 U.S.C. 421 and 48 CFR hectares (ha) (1,008 acres (ac)). Public Comments Solicited Chapter 1. Kentucky has approximately 328 ha We intend that any final action (810 ac) and Tennessee has resulting from this proposal be as PART 206—COMPETITION approximately 80 ha (198 ac) proposed accurate and as effective as possible. REQUIREMENTS as critical habitat for Arabis perstellata. Therefore, we solicit comments or 2. Section 206.001 is amended by Critical habitat identifies specific suggestions from the public, other adding, after paragraph (b), a new areas that are essential to the concerned governmental agencies, the paragraph (S–70) to read as follows: conservation of a listed species, and that scientific community, industry, or any may require special management other interested party concerning this 206.001 Applicability. considerations or protection. If this proposed rule and its associated draft * * * * * proposal is made final, section 7(a)(2) of economic analysis. We are particularly (S–70) Also excepted from this part the Act requires that Federal agencies interested in comments concerning: are follow-on production contracts for ensure that actions they fund, permit, or (1) The reasons why any habitat products developed pursuant to the carry out are not likely to result in the should or should not be determined to ‘‘other transactions’’ authority of 10 destruction or adverse modification of be critical habitat as provided by section VerDate Jan<31>2003 11:11 Jun 02, 2003 Jkt 200001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\03JNP1.SGM 03JNP1 Federal Register / Vol. 68, No. 106 / Tuesday, June 3, 2003 / Proposed Rules 33059 4 of the Act, including whether the this request prominently at the stalks are about 1 cm (0.4 in) long at benefits of designation will outweigh beginning of your comment. However, maturity; the fruits are up to 4 cm (1.6 any threats to the species resulting from we will not consider anonymous in) long and are covered with both designation; comments. To the extent consistent with simple and starlike hairs. Flowering (2) Specific information on the applicable law, we will make all occurs from late March to early May. amount and distribution of Arabis submissions from organizations or Fruits mature from mid-May to early perstellata and its habitat, and which businesses, and from individuals June. The oblong seeds are reddish habitat is essential to the conservation identifying themselves as brown, somewhat flattened, about 1 mm of this species and why; representatives or officials of (0.04 in) long, and in places minutely (3) Land use designations and current organizations or businesses, available hairy (Jones 1991). Plants are reported to or planned activities in the subject areas for public inspection in their entirety. live up to 5 years (Jones 1991). and their possible impacts on proposed Comments and materials received will Although varieties of this species are critical habitat; be available for public inspection, by not recognized in recent taxonomic (4) Any foreseeable economic or other appointment, during normal business treatments (Rollins 1993), in the past, impacts resulting from the proposed hours at the Ecological Services Office two varieties were distinguished based designation of critical habitat, in in Cookeville, Tennessee (see on size and degree of pubescence particular, any impacts on small entities ADDRESSES). (Rollins 1960). The formerly recognized or families; Copies of the proposed rule, draft varieties are also geographically (5) Economic and other values economic analysis, and information separated, with the larger variety associated with designating critical regarding this proposed critical habitat (Arabis perstellata var. ampla) occurring habitat for Arabis perstellata such as designation are available on the Internet in Tennessee and the smaller variety those derived from nonconsumptive at http://cookeville.fws.gov. (Arabis perstellata var. perstellata) uses (e.g., hiking, camping, occurring in Kentucky (Rollins 1993; Background birdwatching, enhanced watershed Kentucky State Nature Preserves protection, improved air quality, Arabis perstellata (Braun’s rock-cress) Commission (KSNPC) 1996a). While the increased soil retention, ‘‘existence is a perennial herb of the mustard final rule for the determination of values,’’ and reductions in family (Brassicaceae). It was originally endangered status for this species administrative costs); described by E. Lucy Braun (1940) from recognized the two varieties, these two (6) Whether our approach to critical specimens collected between 1936 and varieties are no longer recognized by the habitat designation could be improved 1939 in Franklin County, Kentucky. In scientific community. Consequently, we or modified in any way to provide for 1956, Braun described the growth habits will treat the plants that occur in both greater public participation and of Arabis perstellata. This species has geographically separated areas as one understanding, or to assist us in round stems and alternate leaves. The species (Arabis perstellata) for the accommodating public concern and stems and foliage have a grayish purpose of designating critical habitat.