Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Proposed Rules 61461

State City/town/

county 

Source of 

flooding Location 

+Elevation in feet (NAVD) 

Existing Modified 

Approximately 5,000 feet downstream of confluence of Hay 

Creek.

None +1,646

+North American Vertical Datum

Maps are available for inspection at City Hall, 74 Santee Road, Lincoln, North Dakota 58504.

Send comments to The Honorable Glen Christmann, Mayor, City of Lincoln, 74 Santee Road, Lincoln, North Dakota 58504. 

Utah ................. Paragonah 

(Town),.

Iron County ....

Red Creek ...... Approximately 1,900 feet downstream of Center Street ......... None +5,900 

Approximately 1,600 feet upstream of Center Street .............. None +5,989 

Water Canyon Approxiamately 850 feet upstream of 100 West Street .......... None +5,878 

Approximately 1,200 feet upstream of 100 West Street ......... None +5,891

+North American Vertical Datum

Maps are available for inspection at Town Hall, 44 North 100 West, Paragonah, Utah 84760.

Send comments to The Honorable Constance Robinson, Mayor, Town of Paragonah, P.O. Box 600247, Paragonah, Utah 84760. 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance’’)

Dated: October 6, 2004. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–23306 Filed 10–18–04; 8:45 am] 

BILLING CODE 9110–12–U

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

50 CFR Part 17 

RIN 1018–AT45 

Endangered and Threatened Wildlife 

and Plants; Notice of the Availability of 

Draft Economic Analysis for the 

Proposed Designation of Critical 

Habitat for the Riverside Fairy Shrimp 

(Streptocephalus woottoni)

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Proposed rule; notice of 

availability of draft economic analysis 

and reopening of public comment 

period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

availability of a draft economic analysis 

of the proposed designation of critical 

habitat for the Riverside fairy shrimp 

(Streptocephalus woottoni), and the 

reopening of the public comment period 

on the proposed rule to designate 

critical habitat for the Riverside fairy 

shrimp. Comments previously 

submitted for this proposed rule need 

not be resubmitted as they have already 

been incorporated into the public record 

and will be fully considered in any final 

decision.

DATES: We will accept comments and 

information until 5 p.m. on November 

18, 2004. Any comments received after 

the closing date may not be considered 

in the final decision on this action.

ADDRESSES: Written comments and 

materials may be submitted to us by any 

one of the following methods: 

1. You may submit written comments 

and information to the Jim Bartel, Field 

Supervisor, Carlsbad Fish and Wildlife 

Office, 6010 Hidden Valley Road, 

Carlsbad, CA 92009; 

2. You may hand-deliver written 

comments and information to our 

Carlsbad Fish and Wildlife Office at the 

above address, or fax your comments to 

760/431–9618; or 

3. You may send your comments by 

electronic mail (e-mail) to 

fw1rvfs@r1.fws.gov. For directions on 

how to submit electronic filing of 

comments, by e-mail see the ‘‘Public 

Comments Solicited’’ section. In the 

event that our internet connection is not 

functional, please submit your 

comments by the alternate methods 

mentioned above.

FOR FURTHER INFORMATION CONTACT: Jim 

Bartel, Field Supervisor, Carlsbad Fish 

and Wildlife Office, at the above address 

(telephone 760/431–9440; facsimile 

760/431–9618).

SUPPLEMENTARY INFORMATION:

Public Comments Solicited 

We will accept written comments and 

information during this reopened 

comment period. We solicit comments 

on the original proposed critical habitat 

designation and on our draft economic 

analysis of the proposed designation. 

We are particularly interested in 

comments concerning: 

(1) The reasons why any habitat 

should or should not be determined to 

be critical habitat as provided by section 

4 of the Act, including whether the 

benefits of exclusion outweigh the 

benefits of specifying such area as part 

of the critical habitat; 

(2) Specific information on the 

amount and distribution of Riverside 

fairy shrimp and its habitat, and which 

habitat is essential to the conservation 

of this species 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 or other 

impacts resulting from the proposed 

designation of critical habitat, in 

particular, any impacts on small entities 

or families; 

(5) How our approach to critical 

habitat designation could be improved 

or modified to provide for greater public 

participation and understanding, or to 

assist us in accommodating public 

concern and comments; 

(6) We request information on how 

many of the State and local 

environmental protection measures 

referenced in the draft Economic 

Analysis were adopted largely as a 

result of the listing of the Riverside fairy 

shrimp, and how many were either 

already in place or enacted for other 

reasons; 

(7) Whether the economic analysis 

identifies all State and local costs 

attributable to the proposed critical 

habitat designation. If not, what other 

costs are overlooked; 

(8) Are the adjustments to local 

governments’ economic data made by 

the draft Economic Analysis, as set out 

in its appendices, reasonable? If not, 

please provide alternative 

interpretations and the justification for 

the alternative and/or the reasons the 

interpretation in the draft Economic 

Analysis is incorrect; 

(9) Whether the economic analysis 

makes appropriate assumptions 

61462 Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Proposed Rules 

regarding current practices and likely 

regulatory changes imposed as a result 

of the designation of critical habitat; 

(10) Whether the economic analysis 

appropriately identifies all costs that 

could result from the designation; 

(11) Whether the economic analysis 

correctly assesses the effect on regional 

costs associated with land use controls 

that derive from the designation; 

(12) Whether the designation will 

result in disproportionate economic 

impacts to specific areas that should be 

evaluated for possible exclusion from 

the final designation; 

(13) The economic analysis should 

identify all costs related to the 

designation of critical habitat for the 

Riverside fairy shrimp which was 

intended to take place at the time the 

species was listed. As a result, the 

assumption is the economic analysis 

should be consistent with our listing 

regulations. We request comment on 

whether our analysis achieves that 

consistency; 

(14) We request comment on whether 

it is appropriate that the analysis does 

not include the cost of project 

modification to projects that are the 

result of informal consultation;

(15) We request comment on whether 

there is information on known or 

estimated impacts to development 

activities likely to occur on the lands 

proposed for designation at the former 

March Air Force Base; 

(16) Some of the lands we have 

identified as essential for the 

conservation of the Riverside fairy 

shrimp are not being proposed as 

critical habitat. These are: lands on 

Marine Corps Air Station Miramar; 

‘‘mission-critical’’ training areas on 

Marine Corps Base, Camp Pendleton; 

areas within San Diego Multiple Species 

Conservation Program and the Orange 

County Central-Coastal Natural 

Communities Conservation Program; 

and areas in the draft Western Riverside 

Multiple Species Habitat Conservation 

Plan. These areas have been excluded 

because we believe the benefit of 

excluding these areas outweighs the 

benefit of including them. We 

specifically solicit comment on the 

inclusion or exclusion of such areas, 

and: (a) Whether these areas are 

essential; (b) whether these areas 

warrant exclusion; and (c) the basis for 

not designating these areas as critical 

habitat (section 4(b)(2) of the Act); and 

(17) We request information from the 

Department of Defense to assist the 

Secretary of the Interior in evaluating 

critical habitat on lands administered by 

or under the control of the Department 

of Defense, specifically information 

regarding impacts to national security 

associated with proposed designation of 

critical habitat. 

All previous comments and 

information submitted during the initial 

comment period on the proposed rule 

need not be resubmitted. If you wish to 

comment, you may submit your 

comments and materials concerning the 

draft Economic Analysis and the 

proposed rule by any one of several 

methods (see ADDRESSES section). Our 

final designation of critical habitat for 

the Riverside fairy shrimp will take into 

consideration all comments and any 

additional information received. 

Our practice is to make comments, 

including names and home addresses of 

respondents, available for public review 

during regular business hours. 

Individual respondents may request that 

we withhold their home address, which 

we will honor to the extent allowable by 

law. There also may be circumstances in 

which we would withhold a 

respondent’s identity, as allowable by 

law. If you wish us to withhold your 

name and/or address, you must state 

this prominently at the beginning of 

your comments. However, we will not 

consider anonymous comments. We 

will make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

Comments and materials received, as 

well as supporting documentation used 

in preparation of the proposal to 

designated critical habitat, will be 

available for public inspection, by 

appointment, during normal business 

hours at the above address. 

If you submit comments by e-mail, 

please submit them as an ASCII file and 

avoid the use of any special characters 

or any form of encryption. Also, please 

include ‘‘Attn: RIN 1018–AT45’’ and 

your name and return address in your 

e-mail message regarding the Riverside 

fairy shrimp proposed rule. If you do 

not receive a confirmation from the 

system that we have received your email message, please submit your 

comments in writing using one of the 

alternate methods described above.

Comments and materials received, as 

well as supporting documentation used 

in preparation of the proposal to 

designate critical habitat, will be 

available for inspection, by 

appointment, during normal business 

hours, in our Carlsbad Fish and Wildlife 

Office at the above address. 

Copies of the proposed critical habitat 

rule for the Riverside fairy shrimp and 

the draft economic analysis are available 

on the Internet at http://

carlsbad.fws.gov or in hard copy by 

contacting the Carlsbad Fish and 

Wildlife Office as identified in the 

ADDRESSES section above. In the event 

that our internet connection is not 

functional, please obtain copies of 

documents directly from the Carlsbad 

Fish and Wildlife Office. 

Background 

On April 27, 2004, we published a 

proposed rule in the Federal Register

(69 FR 23024) to designate critical 

habitat for the Riverside fairy shrimp. 

We proposed to designate a total of 

approximately 5,795 acres (2,345 

hectares) of critical habitat in Los 

Angeles, Orange, Riverside, San Diego, 

and Ventura Counties, CA. The first 

comment period on the Riverside fairy 

shrimp proposed critical habitat rule 

closed on May 27, 2004. 

Critical habitat receives protection 

from destruction or adverse 

modification through required 

consultation under section 7 of the 

Endangered Species Act of 1973, as 

amended (Act) (16 U.S.C. 1531 et seq.), 

with regard to actions carried out, 

funded, or authorized by a Federal 

agency. Section 4(b)(2) of the Act 

requires that we designate or revise 

critical habitat on the basis of the best 

scientific and commercial data 

available, after taking into consideration 

the economic impact, impact to national 

security, and any other relevant impacts 

of specifying any particular area as 

critical habitat. We have prepared a 

draft Economic Analysis of the April 27, 

2004 (69 FR 23024), proposed 

designation of critical habitat for the 

Riverside fairy shrimp. 

The draft Economic Analysis 

considers the potential economic effects 

of actions relating to the conservation of 

the Riverside fairy shrimp, including 

costs associated with sections 4, 7, and 

10 of the Act, and including those 

attributable to designating critical 

habitat. It further considers the 

economic effects of protective measures 

taken as a result of other Federal, State, 

and local laws that aid habitat 

conservation for the Riverside fairy 

shrimp in essential habitat areas. The 

analysis considers both economic 

efficiency and distributional effects. In 

the case of habitat conservation, 

efficiency effects generally reflect the 

‘‘opportunity costs’’ associated with the 

commitment of resources to comply 

with habitat protection measures (e.g., 

lost economic opportunities associated 

with restrictions on land use). This 

analysis also addresses how potential 

economic impacts are likely to be 

distributed, including an assessment of 

any local or regional impacts of habitat 

conservation and the potential effects of 

Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Proposed Rules 61463

conservation activities on small entities 

and the energy industry. This 

information can be used by decisionmakers to assess whether the effects of 

the designation might unduly burden a 

particular group or economic sector. 

Finally, this analysis looks 

retrospectively at costs that have been 

incurred since the date the species was 

listed as an endangered species and 

considers those costs that may occur in 

the 20 years following the designation of 

critical habitat. 

Riverside fairy shrimp-related 

conservation activities associated with 

sections 4, 7, and 10 of the Act, 

including those attributable to 

designating critical habitat are expected 

to range from approximately $470 

million to $770 million. These totals 

include $400 million in impacts 

estimated to have occurred since the 

species was listed in 1993, and $70 to 

$370 million in impacts that may occur 

in the 20 years following the proposed 

designation of critical habitat. 

Author 

The primary authors of this notice are 

the staff of the Carlsbad Fish and 

Wildlife Office (see ADDRESSES section). 

Authority 

The authority for this action is the 

Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.).

Dated: October 8, 2004. 

Paul Hoffman, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks.

[FR Doc. 04–23225 Filed 10–18–04; 8:45 am] 

BILLING CODE 4310–55–P