Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Proposed Rules 72161

State City/town/county Source of flooding Location 

# Depth in feet above

ground *Elevation in feet

(NGVD)

♦Elevation in feet

(NAVD) 

Existing Modified 

Approximately 6,500 feet upstream of 

Quailhaven Road.

None *1,208

West Branch Walnut Creek 

Tirubtary.

Approximately 3,350 feet upstream of the 

confluence with Walnut Creek.

None *1,171

Approximately 2,590 feet upstream of 

Tyler Avenue.

None *1,206

Maps are available for inspection at 501 North Street, Purcell, Oklahoma. 

Send comments to The Honorable Loyd Tucker, Chairman, McClain County Board of Commissioners, 501 North Street, P.O. Box 629, Purcell, Oklahoma 73080. 

Texas .................... Eagle Pass (City) 

Maverick County.

Eagle Pass Creek .............. At the confluence with Rio Grande. ......... *712 *716

Approximately 200 feet upstream of Vista 

Hermosa Drive.

None *790

Eagle Pass Creek Tributary 

1.

Just upstream of Union Pacific Railroad .. *727 *726

Approximately 330 feet upstream of Travis Street.*743 *741

Eagle Pass Creek Tributary 

2.

Just upstream of the confluence with 

Eagle Pass Creek.

*743 741

Approximately 2,100 feet upstream of 

North Bibb Avenue.

None *799

Rio Grande ......................... Approximately 1,950 feet downstream of 

International Union Pacific Railroad 

Bridge.

*709 *710

Approximately 1,950 feet upstream of 

East Garrison Street.

*719 *722

Tributary to East Seco 

Creek.

Approximately 100 feet downstream of 

U.S. Highway 277.

None *736

Approximately 1,185 feet upstream of 

U.S. Highway 277.

None *744

Unnamed Tributary of Rio 

Grande.

Approximately 1,620 feet downstream of 

FM 3443 (1st Crossing).

None *739

Approximately 1,620 feet upstream of 

East Main Street.

None *772

Maps are available for inspection at City Hall, 100 South Monroe Street, Eagle Pass, Texas. 

Send comments to The Honorable Chad Foster, Mayor, City of Eagle Pass, City Hall, 100 South Monroe Street, Eagle Pass, Texas 78852. 

Wisconsin ............. Manitowoc (City) ... Manitowoc River ................. At South 10th Street ................................. *584 *585

Manitowoc County Approximately 2,550 feet downstream of 

Michigan Avenue.

*603 *604

Maps area available for inspection at the Manitowoc City Hall, 900 Quay Street, Manitowoc, Wisconsin. 

Send comments to The Honorable Kevin Crawford, Mayor, City of Manitowoc, 900 Quay Street, Manitowoc, Wisconsin 54220. 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance.’’)

Dated: December 7, 2004. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–27245 Filed 12–10–04; 8:45 am] 

BILLING CODE 9110–12–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

50 CFR Part 17

RIN 1018–AI49

Endangered and Threatened Wildlife 

and Plants; Extension of the Comment 

Period on Proposed Designation of 

Critical Habitat for the Southwestern 

Willow Flycatcher

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Proposed rule; extension of 

public comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

extension of the public comment period 

for the proposal to designate critical 

habitat for southwestern willow 

flycatcher (Empidonax extimus traillii) 

to allow all interested parties to 

comment on the proposed critical 

habitat designation under the 

Endangered Species Act of 1973, as 

amended. The proposed rule was 

published and the public comment 

period opened on October 12, 2004 (69 

FR 60706).

DATES: The deadline for submitting 

comments on this proposal is extended 

from December 13, 2004, to March 31, 

2005. Comments must be submitted 

directly to the Service (see ADDRESSES

section) on or before March 31, 2005. 

Any comments received after the 

closing date may not be considered in 

the final determination on the proposal.

72162 Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Proposed Rules 

ADDRESSES: If you wish to comment, 

you may submit your comments and 

materials by any one of several methods: 

1. You may submit written comments 

and information to Steve Spangle, Field 

Supervisor, U.S. Fish and Wildlife 

Service, Arizona Ecological Services 

Office, 2321 West Royal Palm Road, 

Suite 103, Phoenix, AZ, 85021. 

2. You may hand-deliver written 

comments and information to our 

Arizona Ecological Services Office, or 

fax your comments to 602/242–2513. 

3. You may send your comments by 

electronic mail (e-mail) to 

wiflcomments@fws.gov.

The critical habitat proposal and 

supportive maps are available for 

viewing by appointment during regular 

business hours at the above address or 

on the Internet at http://

arizonaes.fws.gov. All comments and 

materials received, as well as supporting 

documentation used in preparation of 

the proposed rule, will be available for 

public inspection, by appointment, 

during normal business hours at the 

above address.

FOR FURTHER INFORMATION CONTACT:

Steve Spangle, Field Supervisor, 

Arizona Ecological Services Office 

(telephone 602–242–0210, facsimile 

602–242–2513).

SUPPLEMENTARY INFORMATION: 

Background 

We proposed to designate for the 

southwestern willow flycatcher 376,095 

acres (ac) (152,124 hectares (ha)) 

[including approximately 1,556 stream 

miles (2,508 stream kilometers)] of 

critical habitat, which includes various 

stream segments and their associated 

riparian areas, not exceeding the 100-

year floodplain or flood prone area, on 

a combination of Federal, State, Tribal, 

and private lands in southern California, 

southern Nevada, southwestern Utah, 

south-central Colorado, Arizona, and 

New Mexico. The proposed rule was 

published in the Federal Register (69 

FR 60706) on October 12, 2004, 

pursuant to a court order. 

On September 30, 2003, in a 

complaint brought by the Center for 

Biological Diversity, the U.S. District 

Court of New Mexico instructed us to 

propose critical habitat by September 

30, 2004, and publish a final rule by 

September 30, 2005. Additional 

background information is available in 

the October 12, 2004, proposal to 

designate critical habitat. 

Critical habitat identifies specific 

areas that are essential to the 

conservation of a listed species and that 

may require special management 

considerations or protection. If the 

proposed rule is made final, section 7 of 

the Act will prohibit adverse 

modification of critical habitat by any 

activity funded, authorized, or carried 

out by any Federal agency. Federal 

agencies proposing actions affecting 

areas designated as critical habitat must 

consult with us on the effects of their 

proposed actions, pursuant to section 

7(a)(2) of the Act. 

Section 4 of the Act requires that we 

consider economic and other relevant 

impacts prior to making a final decision 

on what areas to designate as critical 

habitat. We are currently developing a 

draft economic analysis and draft 

environmental assessment for the 

proposal to designate certain areas as 

critical habitat for the southwestern 

willow flycatcher and will announce 

their availability at a later date. We may 

revise the proposal, or its supporting 

documents, to incorporate or address 

new information received during the 

comment period. In particular, we may 

exclude an area from critical habitat if 

we determine that the benefits of 

excluding the area outweigh the benefits 

of including the area as critical habitat, 

provided such exclusion will not result 

in the extinction of the species. 

Pursuant to 50 CFR 424.16(c)(2), we 

may extend or reopen a comment period 

upon finding that there is good cause to 

do so. We are currently developing a 

draft economic analysis and draft 

environmental assessment for the 

proposal and will announce the 

availability of those documents and 

solicit data and comments from the 

public on these draft documents at a 

later date. We will also announce 

hearing dates concurrently with the 

availability of the draft documents. 

However, it is our intention to leave the 

public comment period open and 

uninterrupted until those documents are 

available for public consideration and 

comment. We believe that allowing the 

comment period to expire before the full 

set of supporting draft analytical 

documents is available could result in 

hurried and incomplete comments on 

our proposed rule and unnecessarily 

frustrate respondents. We deem these 

considerations as sufficient cause to 

extend the comment period. 

We are required by court order to 

complete the final designation of critical 

habitat for the southwestern willow 

flycatcher by September 30, 2005. To 

meet this date, all comments on or 

proposed revisions to the proposed rule 

need to be submitted to us during the 

comment period as extended by this 

document (see DATES).

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. If you wish us to withhold your 

name or address, you must state this 

request prominently at the beginning of 

your comments. However, we will not 

consider anonymous comments. To the 

extent consistent with applicable law, 

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 

designate critical habitat, will be 

available for public inspection, by 

appointment, during normal business 

hours at the Arizona Ecological Services 

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: December 6, 2004. 

Craig Manson, 

Assistant Secretary for Fish and Wildlife and 

Parks.

[FR Doc. 04–27330 Filed 12–10–04; 8:45 am] 

BILLING CODE 4310–55–P