Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Salt Creek Tiger Beetle (Cicindela nevadica lincolniana), 31665-31666 [E8-12401]

Download as PDF ebenthall on PRODPC60 with PROPOSALS Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Proposed Rules in 2005, six percent of drivers at any given moment were using hand-held cell phones.12 The estimate is from the National Occupant Protection Use Survey (NOPUS), which is the only source of probability-based observed data on cell phone use by drivers in the United States. For the above reasons, we conclude that there is no reason to believe that the rule requested by the petitioner would result in safety benefits. Accordingly, we are denying the petition. We note that even putting aside the issue of drivers substituting portable devices for integrated devices, the information provided by CAS would not lead us to grant its petition. In the rulemaking advocated by the petitioner, the agency would need to consider, among other things, the specific safety impacts associated with current integrated systems and reasonably foreseeable integrated systems. It would be necessary to consider reasonably foreseeable integrated systems given that the requested rule would prohibit all systems that can be used while the vehicle is in motion. CAS has not provided specific data or analysis along these lines. We also note that in the rulemaking advocated by the petitioner, the agency would need to consider costs as well as benefits. Given the lack of specific data and analysis and also considering the resources needed to conduct rulemaking, we would not initiate rulemaking in this area based on the information provided by CAS. Finally, as noted earlier, CAS asked that NHTSA increase efforts to support state programs to limit cell phone use by drivers in moving vehicles in the same manner it supports state programs against drunk driving. This particular request is not amenable to being addressed by rulemaking. States have recognized the need to discourage driver distractions such as cell phone use and texting and many State legislatures have taken action to restrict those practices. While various legislative and educational approaches have been utilized, little evaluation has been completed and best practices have yet to be demonstrated. NHTSA has solicited potential options for a demonstration project in this area to begin in Fiscal Year 2008 or 2009. Pursuant to Section 2003(d) of Public Law 109–59 (August 10, 2005), the Safe, 12 ‘‘Driver Cell Phone Use in 2005—Overall Results,’’ Research Note DOT HS 809 967, National Center for Statistics and Analysis, NHTSA, December 2005. VerDate Aug<31>2005 14:17 Jun 02, 2008 Jkt 214001 Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU), NHTSA will be conducting multiple demonstration programs to evaluate new and innovative means of combating traffic system problems caused by distracted, inattentive or fatigued drivers. Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166; delegation of authority at 49 CFR 1.50. Issued on: May 27, 2008. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc.E8–12285 Filed 6–2–08; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [FWS–R6–ES–2007–0014; 92210–1117– 0000–FY08–B4] RIN 1018–AT79 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Salt Creek Tiger Beetle (Cicindela nevadica lincolniana) Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of comment period and announcement of a public hearing. AGENCY: SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period and the scheduling of a public hearing on our December 12, 2007 proposed rule (72 FR 70715) to designate critical habitat for the Salt Creek tiger beetle (Cicindela nevadica lincolniana) under the Endangered Species Act of 1973, as amended (Act). The December 12, 2007 Federal Register document also announced the availability of a draft economic analysis of the designation and a draft environmental assessment prepared in accordance with the National Environmental Policy Act of 1969. The reopened comment period will provide the public, other concerned governmental agencies, Tribes, and any other interested parties with an additional opportunity to submit written comments and information on this subspecies and associated habitat, the proposed critical habitat designation, draft economic analysis, and draft environmental assessment. Comments previously submitted need not be resubmitted as they have already been incorporated into the public record PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 31665 and will be fully considered in any final decision. DATES: Written Comments: The original comment period on the Salt Creek tiger beetle proposed critical habitat rule closed on February 11, 2008. We are reopening the comment period and will accept information from all interested parties at the public hearing or until July 11, 2008. Public Hearing: We announce a public open house, followed by a public hearing, to be held on July 1, 2008, at the Lower Platte South Natural Resources District, 3125 Portia Street, Lincoln, NE 68501–3581. The public open house, open to all who wish to discuss the proposed critical habitat with the Service, will be held from 4 to 6 p.m., central time. The public hearing, open to all who wish to provide formal, oral comments regarding the proposed rule, will be held from 6 to 8 p.m., central time. ADDRESSES: If you wish to comment on the proposed rule, draft economic analysis, or draft environmental assessment, you may submit comments by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS–R6– ES–2007–0014; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203. • Public Hearing: A public hearing will be held (see DATES) at the Lower Platte South Natural Resources District, 3125 Portia Street, Lincoln, NE 68501– 3581. We will not accept e-mail or faxes. We will post all comments on https:// www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments section below for more information). FOR FURTHER INFORMATION CONTACT: Mike LeValley, Field Supervisor, Nebraska Ecological Services Field Office, Federal Building, Second Floor, 203 West Second Street, Grand Island, NE 68801; telephone (308) 382–6468. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Public Comments We intend that any final action resulting from the proposed rule will be as accurate and as effective as possible. Therefore, we request comments or E:\FR\FM\03JNP1.SGM 03JNP1 31666 Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Proposed Rules ebenthall on PRODPC60 with PROPOSALS suggestions on this proposed rule. We particularly seek comments concerning: (1) The reasons why we should or should not designate habitat as ‘‘critical habitat’’ under section 4 of the Act (16 U.S.C. 1531 et seq.), including whether the benefit of designation would outweigh any threats to the subspecies caused by designation such that the designation is not prudent; (2) Specific information on: • The amount and distribution of Salt Creek tiger beetle habitat; • What areas occupied at the time of listing and that contain features essential for the conservation of the subspecies we should include in the designation and why; and • What areas not occupied at the time of listing are essential to the conservation of the subspecies and why; (3) Land use designations and current or planned activities in the subject areas and their possible impacts on proposed critical habitat; (4) Any foreseeable economic, national security, or other relevant impacts resulting from the proposed designation and, in particular, any impacts on small entities; (5) Whether we could improve or modify our approach to designating critical habitat in any way to provide for greater public participation and understanding, or to better accommodate public concerns and comments; and (6) Economic data on the incremental costs of designating any particular area as Salt Creek tiger beetle critical habitat. Previously submitted comments for this proposed rule need not be resubmitted. You may submit your comments and materials concerning this proposed rule by one of the methods listed in the ADDRESSES section. We will not consider comments sent by e-mail or fax or to an address not listed in the ADDRESSES section. If you submit a comment via https:// www.regulations.gov, your entire comment—including any personal identifying information—will be posted on the website. If you submit a hardcopy comment that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy comments on https://www.regulations.gov. Background On December 12, 2007, we published a proposed rule designating approximately 1,795 acres (727 hectares) of land in portions of Lancaster and Saunders Counties, VerDate Aug<31>2005 14:17 Jun 02, 2008 Jkt 214001 Nebraska, as critical habitat. The draft economic analysis estimates that, over the 20-year period from 2008 to 2027, post-designation costs for Salt Creek tiger beetle conservation-related activities would range between $21.4 and $25.5 million in undiscounted 2007 dollars. In discounted terms, we estimate potential post-designation economic costs to be $19.9 to $22.9 million (using a 3 percent discount rate) and $18.5 to $20.6 million (using a 7 percent discount rate). In annualized terms, potential impacts are expected to range from $1.3 to $1.5 million (annualized at 3 percent) and $1.7 to $1.9 million (annualized at 7 percent). Public Hearings Section 4(b)(5)(E) of the Act requires a public hearing be held if any person requests it within 45 days of the publication of a proposed rule. In response to requests from the public, the Service will conduct a public hearing for this critical habitat proposal on the date and time and at the address identified in the DATES and ADDRESSES sections above. Persons wishing to make an oral statement for the record are encouraged to provide a written copy of their statement and present it to us at the hearing. In the event there is a large attendance, the time allotted for oral statements may be limited. Oral and written statements receive equal consideration. There are no limits on the length of written comments submitted to us. If you have any questions concerning the public hearing, please contact the Nebraska Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). Persons needing reasonable accommodations in order to attend and participate in the public hearings should contact Bob Harms, Nebraska Ecological Services Field Office, at (308) 382–6468, extension 17, as soon as possible. In order to allow sufficient time to process requests, please call no later than one week before the hearing date. Information regarding this notice is available in alternative formats upon request. Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: May 21, 2008. Lyle Laverty, Assistant Secretary for Fish, Wildlife, and Parks. [FR Doc. E8–12401 Filed 6–2–08; 8:45 am] BILLING CODE 4310–55–P PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 216 [Docket No. 080310408–8416–01] RIN 0648–AW55 Marine Mammals; Subsistence Taking of Northern Fur Seals; Harvest Estimates National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability; request for comments. AGENCY: SUMMARY: Pursuant to regulations governing the subsistence taking of northern fur seals, this document summarizes the annual fur seal subsistence harvests on St. George and St. Paul Islands (the Pribilof Islands) for 2005 to 2007 and proposes annual estimates of fur seal subsistence needs for 2008 through 2010 on the Pribilof Islands, AK. NMFS solicits public comments on the proposed estimates. DATES: Written comments must be received at the address or fax number by July 3, 2008. ADDRESSES: Send comments to Kaja Brix, Assistant Regional Administrator, Protected Resource Division, Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, identified by ‘‘RIN 0648 AW55’’ by any of the following methods: Electronic Submissions: Submit electronic public comments via the Federal eRulemaking Portal: https:// www.regulations.gov; Mail: Kaja Brix, Assistant Regional Administration, Protected Resource Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802; Hand Delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK; Fax: 907 586 7557, Attention: Ellen Sebastian. Instructions: All comments received are a part of the public record and will generally be posted to https:// www.regulations.gov without change. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Attachments to electronic comments must be in Microsoft Word, Excel, WordPerfect, or Adobe portable document file (pdf) file formats to be accepted. E:\FR\FM\03JNP1.SGM 03JNP1

Agencies

[Federal Register Volume 73, Number 107 (Tuesday, June 3, 2008)]
[Proposed Rules]
[Pages 31665-31666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12401]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R6-ES-2007-0014; 92210-1117-0000-FY08-B4]
RIN 1018-AT79


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Salt Creek Tiger Beetle (Cicindela nevadica 
lincolniana)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period and announcement of 
a public hearing.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
reopening of the public comment period and the scheduling of a public 
hearing on our December 12, 2007 proposed rule (72 FR 70715) to 
designate critical habitat for the Salt Creek tiger beetle (Cicindela 
nevadica lincolniana) under the Endangered Species Act of 1973, as 
amended (Act). The December 12, 2007 Federal Register document also 
announced the availability of a draft economic analysis of the 
designation and a draft environmental assessment prepared in accordance 
with the National Environmental Policy Act of 1969. The reopened 
comment period will provide the public, other concerned governmental 
agencies, Tribes, and any other interested parties with an additional 
opportunity to submit written comments and information on this 
subspecies and associated habitat, the proposed critical habitat 
designation, draft economic analysis, and draft environmental 
assessment. Comments previously submitted need not be resubmitted as 
they have already been incorporated into the public record and will be 
fully considered in any final decision.

DATES: Written Comments: The original comment period on the Salt Creek 
tiger beetle proposed critical habitat rule closed on February 11, 
2008. We are reopening the comment period and will accept information 
from all interested parties at the public hearing or until July 11, 
2008.
    Public Hearing: We announce a public open house, followed by a 
public hearing, to be held on July 1, 2008, at the Lower Platte South 
Natural Resources District, 3125 Portia Street, Lincoln, NE 68501-3581. 
The public open house, open to all who wish to discuss the proposed 
critical habitat with the Service, will be held from 4 to 6 p.m., 
central time. The public hearing, open to all who wish to provide 
formal, oral comments regarding the proposed rule, will be held from 6 
to 8 p.m., central time.

ADDRESSES: If you wish to comment on the proposed rule, draft economic 
analysis, or draft environmental assessment, you may submit comments by 
one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R6-ES-2007-0014; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203.
     Public Hearing: A public hearing will be held (see DATES) 
at the Lower Platte South Natural Resources District, 3125 Portia 
Street, Lincoln, NE 68501-3581.
    We will not accept e-mail or faxes. We will post all comments on 
https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).

FOR FURTHER INFORMATION CONTACT: Mike LeValley, Field Supervisor, 
Nebraska Ecological Services Field Office, Federal Building, Second 
Floor, 203 West Second Street, Grand Island, NE 68801; telephone (308) 
382-6468. If you use a telecommunications device for the deaf (TDD), 
call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Public Comments

    We intend that any final action resulting from the proposed rule 
will be as accurate and as effective as possible. Therefore, we request 
comments or

[[Page 31666]]

suggestions on this proposed rule. We particularly seek comments 
concerning:
    (1) The reasons why we should or should not designate habitat as 
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et 
seq.), including whether the benefit of designation would outweigh any 
threats to the subspecies caused by designation such that the 
designation is not prudent;
    (2) Specific information on:
     The amount and distribution of Salt Creek tiger beetle 
habitat;
     What areas occupied at the time of listing and that 
contain features essential for the conservation of the subspecies we 
should include in the designation and why; and
     What areas not occupied at the time of listing are 
essential to the conservation of the subspecies and why;
    (3) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat;
    (4) Any foreseeable economic, national security, or other relevant 
impacts resulting from the proposed designation and, in particular, any 
impacts on small entities;
    (5) Whether we could improve or modify our approach to designating 
critical habitat in any way to provide for greater public participation 
and understanding, or to better accommodate public concerns and 
comments; and
    (6) Economic data on the incremental costs of designating any 
particular area as Salt Creek tiger beetle critical habitat.
    Previously submitted comments for this proposed rule need not be 
resubmitted. You may submit your comments and materials concerning this 
proposed rule by one of the methods listed in the ADDRESSES section. We 
will not consider comments sent by e-mail or fax or to an address not 
listed in the ADDRESSES section. If you submit a comment via https://
www.regulations.gov, your entire comment--including any personal 
identifying information--will be posted on the website. If you submit a 
hardcopy comment that includes personal identifying information, you 
may request at the top of your document that we withhold this 
information from public review. However, we cannot guarantee that we 
will be able to do so. We will post all hardcopy comments on https://
www.regulations.gov.

Background

    On December 12, 2007, we published a proposed rule designating 
approximately 1,795 acres (727 hectares) of land in portions of 
Lancaster and Saunders Counties, Nebraska, as critical habitat. The 
draft economic analysis estimates that, over the 20-year period from 
2008 to 2027, post-designation costs for Salt Creek tiger beetle 
conservation-related activities would range between $21.4 and $25.5 
million in undiscounted 2007 dollars. In discounted terms, we estimate 
potential post-designation economic costs to be $19.9 to $22.9 million 
(using a 3 percent discount rate) and $18.5 to $20.6 million (using a 7 
percent discount rate). In annualized terms, potential impacts are 
expected to range from $1.3 to $1.5 million (annualized at 3 percent) 
and $1.7 to $1.9 million (annualized at 7 percent).

Public Hearings

    Section 4(b)(5)(E) of the Act requires a public hearing be held if 
any person requests it within 45 days of the publication of a proposed 
rule. In response to requests from the public, the Service will conduct 
a public hearing for this critical habitat proposal on the date and 
time and at the address identified in the DATES and ADDRESSES sections 
above.
    Persons wishing to make an oral statement for the record are 
encouraged to provide a written copy of their statement and present it 
to us at the hearing. In the event there is a large attendance, the 
time allotted for oral statements may be limited. Oral and written 
statements receive equal consideration. There are no limits on the 
length of written comments submitted to us. If you have any questions 
concerning the public hearing, please contact the Nebraska Ecological 
Services Field Office (see FOR FURTHER INFORMATION CONTACT).
    Persons needing reasonable accommodations in order to attend and 
participate in the public hearings should contact Bob Harms, Nebraska 
Ecological Services Field Office, at (308) 382-6468, extension 17, as 
soon as possible. In order to allow sufficient time to process 
requests, please call no later than one week before the hearing date. 
Information regarding this notice is available in alternative formats 
upon request.

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: May 21, 2008.
Lyle Laverty,
Assistant Secretary for Fish, Wildlife, and Parks.
 [FR Doc. E8-12401 Filed 6-2-08; 8:45 am]
BILLING CODE 4310-55-P
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