Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Flying Earwig Hawaiian Damselfly (Megalagrion nesiotes) and Pacific Hawaiian Damselfly (M. pacificum) Throughout Their Ranges, 59956-59957 [E9-27797]

Download as PDF 59956 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules State NOX and VOC State MVEBs for 2006, 2009, 2017 and 2021. EPA is proposing to approve the 2006, 2009, 2017 and 2021 NOX and VOC State MVEBs for Shelby County because the maintenance plan demonstrates that in light of expected emissions for all source categories, the area will continue to maintain the 1997 8-hour ozone standard. Further as part of today’s action, EPA is describing the status of its adequacy determination for the 2006, 2009, 2017 and 2021 State NOX and VOC State MVEBs, in accordance with 40 CFR 93.118(f)(1). Within 24 months from the effective date of EPA’s adequacy finding for the MVEBs, or the effective date for the final rule for this action, whichever is earlier, the transportation partners will need to demonstrate conformity to the new NOX and VOC MVEBs pursuant to 40 CFR 93.104(e). erowe on DSK5CLS3C1PROD with PROPOSALS-1 X. Statutory and Executive Order Reviews List of Subjects Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve State choices, provided that they meet the criteria of the CAA. Accordingly, this proposed action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this proposed action • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); VerDate Nov<24>2008 15:20 Nov 18, 2009 Jkt 220001 • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on Tribal governments or preempt Tribal law. 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Incorporation by reference, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements, and Volatile organic compounds. 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Authority: 42 U.S.C. 7401 et seq. Dated: November 6, 2009. Beverly H. Banister, Acting Regional Administrator, Region 4. [FR Doc. E9–27815 Filed 11–18–09; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [FWS–R1–ES–2009–0036; MO 92210 50083 B2] RIN 1018–AV47 Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Flying Earwig Hawaiian Damselfly (Megalagrion nesiotes) and Pacific Hawaiian Damselfly (M. pacificum) Throughout Their Ranges AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of comment period. PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on our July 8, 2009, proposal to list two species of Hawaiian damselflies, the flying earwig Hawaiian damselfly (Megalagrion nesiotes) and the Pacific Hawaiian damselfly (M. pacificum), as endangered under the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). DATES: The comment period for the proposed rule published July 8, 2009 (74 FR 32490) is reopened. To allow us adequate time to consider and incorporate submitted information into our review, we request that we receive information on or before December 21, 2009. ADDRESSES: You may submit comments by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS–R1– ES–2009–0036, Division of Policy and Directives Management, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Suite 222, Arlington, VA 22203. We will post all comments on http://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: Loyal Mehrhoff, Field Supervisor, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Box 50088, Honolulu, HI 96850; telephone 808– 792–9400; facsimile 808–792–9581. If you use a telecommunications device for the deaf (TDD), you may call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Public Comments We reopen the public comment period on our July 8, 2009, proposal (74 FR 32490) to list two species of Hawaiian damselflies: the flying earwig Hawaiian damselfly and the Pacific Hawaiian damselfly, as endangered under the Act (16 U.S.C. 1531 et seq.). Some peer review comments have already been received during the initial comment period on the proposal and may be found at http:// www.regulations.gov. In order to allow for additional peer review, we are reopening the comment period for an additional 30 days. Comments previously received on this proposal need not be resubmitted, as they are already incorporated in the public record and will be fully considered in E:\FR\FM\19NOP1.SGM 19NOP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules the final determination. We request information from the public, other concerned governmental agencies, the scientific community, industry, or any other interested parties concerning the status of these species. We are seeking information regarding: (1) Biological, commercial trade, or other relevant data concerning threats (or lack thereof) to these species and regulations that may be addressing those threats; (2) Additional information concerning the range, distribution, and population sizes of these species, including the locations of any additional populations of these species; (3) Any information on the biological or ecological requirements of these species; (4) Current or planned activities in the areas occupied by these species and their possible impacts on these species; (5) Which physical and biological factors are essential to the conservation of each species and whether those features may require special management considerations or protections; (6) Which specific areas are essential to the conservation of each species; and (7) The reasons why any areas should or should not be designated as critical habitat as provided by section 4 of the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.), including whether the benefits of designation would outweigh the threats to the species that designation could cause, such that the designation of critical habitat is prudent. Please note that submissions merely stating support for or opposition to the action under consideration without providing supporting information, although noted, will not be considered in making a determination, as section 4(b)(1)(A) of the Act directs that determinations as to whether any species is a threatened or endangered species must be made ‘‘solely on the basis of the best scientific and commercial data available.’’ Information previously submitted need not be resubmitted as it has already been incorporated into the public record and will be fully considered. You may submit your comments and materials by one of the methods listed in the ADDRESSES section. If you submit a comment via http:// www.regulations.gov, your entire VerDate Nov<24>2008 15:20 Nov 18, 2009 Jkt 220001 submission—including any personal identifying information—will be posted on the Web site. If your submission is made via a hard copy 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 we will be able to do so. We will post all hard copy comments on http://www.regulations.gov. Please include sufficient information with your comments to allow us to verify any scientific or commercial information you include. Comments and materials we receive, as well as supporting documentation used to prepare this notice, will be available for public inspection at http://www.regulations.gov, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office (see the FOR FURTHER INFORMATION CONTACT section). Background On July 8, 2009, we published a proposed rule to list two species of Hawaiian damselflies: the flying earwig Hawaiian damselfly and the Pacific Hawaiian damselfly, as endangered under the Act (74 FR 32490). We determined that critical habitat for these two Hawaiian damselflies is prudent but not determinable at this time. We are reopening the public comment period on this proposed rule in response to a request from the public to provide time for the compilation and submission of additional information relevant to the threat factors affecting these two Hawaiian damselflies. This proposal, if made final, would extend the Act’s protection to these species. The Service seeks data and comments from the public on our proposed rule. In order to allow for the public to review these comments and have an opportunity to comment, we are reopening the public comment period for 30 days. The flying earwig Hawaiian damselfly and the Pacific Hawaiian damselfly are unique insects found only in Hawaii and nowhere else in the world. Historically found on the islands of Hawai‘i and Maui, the flying earwig Hawaiian damselfly has not been seen on the island of Hawai‘i for over 80 years. Currently, the species is known only from one location on Maui. The PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 59957 primary threats to the flying earwig Hawaiian damselfly are: habitat loss and degradation due to agriculture and urban development, stream modifications, feral pigs, and nonnative plants; natural catastrophes such as hurricanes and landslides; predation by nonnative insects and bullfrogs; and the demographic and genetic consequences of small population size. The Pacific Hawaiian damselfly was historically found on all of the main Hawaiian Islands except Kaho‘olawe and Ni‘ihau. This species is found at lower elevations and breeds predominantly in standing water such as marshes, ponds, and pools along stream channels. Currently, the Pacific Hawaiian damselfly is known only from the islands of Hawai‘i, Maui and Moloka‘i. The primary threats to the Pacific Hawaiian damselfly are: habitat loss and modification by agriculture and urban development, stream modifications, and nonnative plants; natural catastrophes such as hurricanes, drought, and landslides; and predation by nonnative fish, insects, and bullfrogs. We are seeking public comment on our proposal to list the flying earwig Hawaiian damselfly and the Pacific Hawaiian damselfly as endangered. If we finalize this rule as proposed, it would extend the Act’s protections to these species. References Cited A complete list of all references cited in the proposed rule is available on the Internet at http://www.regulations.gov or by contacting the Pacific Islands Fish and Wildlife Office (see the FOR FURTHER INFORMATION CONTACT section). Authors The primary authors of this notice are the staff members of the Pacific Islands Fish and Wildlife Office. Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: November 10, 2009. Gary Frazer, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. E9–27797 Filed 11–18–09; 8:45 am] BILLING CODE 4310–55–P E:\FR\FM\19NOP1.SGM 19NOP1

Agencies

[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Proposed Rules]
[Pages 59956-59957]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27797]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R1-ES-2009-0036; MO 92210 50083 B2]
RIN 1018-AV47


Endangered and Threatened Wildlife and Plants; Proposed 
Endangered Status for Flying Earwig Hawaiian Damselfly (Megalagrion 
nesiotes) and Pacific Hawaiian Damselfly (M. pacificum) Throughout 
Their Ranges

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
reopening of the public comment period on our July 8, 2009, proposal to 
list two species of Hawaiian damselflies, the flying earwig Hawaiian 
damselfly (Megalagrion nesiotes) and the Pacific Hawaiian damselfly (M. 
pacificum), as endangered under the Endangered Species Act of 1973, as 
amended (Act) (16 U.S.C. 1531 et seq.).

DATES: The comment period for the proposed rule published July 8, 2009 
(74 FR 32490) is reopened. To allow us adequate time to consider and 
incorporate submitted information into our review, we request that we 
receive information on or before December 21, 2009.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R1-ES-2009-0036, Division of Policy and Directives 
Management, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, 
Suite 222, Arlington, VA 22203.

We will post all comments on http://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: Loyal Mehrhoff, Field Supervisor, 
Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Box 
50088, Honolulu, HI 96850; telephone 808-792-9400; facsimile 808-792-
9581. If you use a telecommunications device for the deaf (TDD), you 
may call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Public Comments

    We reopen the public comment period on our July 8, 2009, proposal 
(74 FR 32490) to list two species of Hawaiian damselflies: the flying 
earwig Hawaiian damselfly and the Pacific Hawaiian damselfly, as 
endangered under the Act (16 U.S.C. 1531 et seq.). Some peer review 
comments have already been received during the initial comment period 
on the proposal and may be found at http://www.regulations.gov. In 
order to allow for additional peer review, we are reopening the comment 
period for an additional 30 days. Comments previously received on this 
proposal need not be resubmitted, as they are already incorporated in 
the public record and will be fully considered in

[[Page 59957]]

the final determination. We request information from the public, other 
concerned governmental agencies, the scientific community, industry, or 
any other interested parties concerning the status of these species. We 
are seeking information regarding:
    (1) Biological, commercial trade, or other relevant data concerning 
threats (or lack thereof) to these species and regulations that may be 
addressing those threats;
    (2) Additional information concerning the range, distribution, and 
population sizes of these species, including the locations of any 
additional populations of these species;
    (3) Any information on the biological or ecological requirements of 
these species;
    (4) Current or planned activities in the areas occupied by these 
species and their possible impacts on these species;
    (5) Which physical and biological factors are essential to the 
conservation of each species and whether those features may require 
special management considerations or protections;
    (6) Which specific areas are essential to the conservation of each 
species; and
    (7) The reasons why any areas should or should not be designated as 
critical habitat as provided by section 4 of the Endangered Species Act 
of 1973, as amended (Act) (16 U.S.C. 1531 et seq.), including whether 
the benefits of designation would outweigh the threats to the species 
that designation could cause, such that the designation of critical 
habitat is prudent.

Please note that submissions merely stating support for or opposition 
to the action under consideration without providing supporting 
information, although noted, will not be considered in making a 
determination, as section 4(b)(1)(A) of the Act directs that 
determinations as to whether any species is a threatened or endangered 
species must be made ``solely on the basis of the best scientific and 
commercial data available.'' Information previously submitted need not 
be resubmitted as it has already been incorporated into the public 
record and will be fully considered.
    You may submit your comments and materials by one of the methods 
listed in the ADDRESSES section.
    If you submit a comment via http://www.regulations.gov, your entire 
submission--including any personal identifying information--will be 
posted on the Web site. If your submission is made via a hard copy 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 we will be able to do so. We will post all 
hard copy comments on http://www.regulations.gov. Please include 
sufficient information with your comments to allow us to verify any 
scientific or commercial information you include.
    Comments and materials we receive, as well as supporting 
documentation used to prepare this notice, will be available for public 
inspection at http://www.regulations.gov, or by appointment, during 
normal business hours, at the U.S. Fish and Wildlife Service, Pacific 
Islands Fish and Wildlife Office (see the FOR FURTHER INFORMATION 
CONTACT section).

Background

    On July 8, 2009, we published a proposed rule to list two species 
of Hawaiian damselflies: the flying earwig Hawaiian damselfly and the 
Pacific Hawaiian damselfly, as endangered under the Act (74 FR 32490). 
We determined that critical habitat for these two Hawaiian damselflies 
is prudent but not determinable at this time.
    We are reopening the public comment period on this proposed rule in 
response to a request from the public to provide time for the 
compilation and submission of additional information relevant to the 
threat factors affecting these two Hawaiian damselflies. This proposal, 
if made final, would extend the Act's protection to these species. The 
Service seeks data and comments from the public on our proposed rule. 
In order to allow for the public to review these comments and have an 
opportunity to comment, we are reopening the public comment period for 
30 days.
    The flying earwig Hawaiian damselfly and the Pacific Hawaiian 
damselfly are unique insects found only in Hawaii and nowhere else in 
the world. Historically found on the islands of Hawai`i and Maui, the 
flying earwig Hawaiian damselfly has not been seen on the island of 
Hawai`i for over 80 years. Currently, the species is known only from 
one location on Maui. The primary threats to the flying earwig Hawaiian 
damselfly are: habitat loss and degradation due to agriculture and 
urban development, stream modifications, feral pigs, and nonnative 
plants; natural catastrophes such as hurricanes and landslides; 
predation by nonnative insects and bullfrogs; and the demographic and 
genetic consequences of small population size.
    The Pacific Hawaiian damselfly was historically found on all of the 
main Hawaiian Islands except Kaho`olawe and Ni`ihau. This species is 
found at lower elevations and breeds predominantly in standing water 
such as marshes, ponds, and pools along stream channels. Currently, the 
Pacific Hawaiian damselfly is known only from the islands of Hawai`i, 
Maui and Moloka`i. The primary threats to the Pacific Hawaiian 
damselfly are: habitat loss and modification by agriculture and urban 
development, stream modifications, and nonnative plants; natural 
catastrophes such as hurricanes, drought, and landslides; and predation 
by nonnative fish, insects, and bullfrogs.
    We are seeking public comment on our proposal to list the flying 
earwig Hawaiian damselfly and the Pacific Hawaiian damselfly as 
endangered. If we finalize this rule as proposed, it would extend the 
Act's protections to these species.

References Cited

    A complete list of all references cited in the proposed rule is 
available on the Internet at http://www.regulations.gov or by 
contacting the Pacific Islands Fish and Wildlife Office (see the FOR 
FURTHER INFORMATION CONTACT section).

Authors

    The primary authors of this notice are the staff members of the 
Pacific Islands Fish and Wildlife Office.

Authority

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

    Dated: November 10, 2009.
Gary Frazer,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. E9-27797 Filed 11-18-09; 8:45 am]
BILLING CODE 4310-55-P