58176 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

RIN 1018AT93 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for the Alameda Whipsnake 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are 

designating critical habitat for the 

Alameda whipsnake (Masticophis 

lateralis euryxanthus) pursuant to the 

Endangered Species Act of 1973, as 

amended (Act). In total, approximately 

154,834 acres (ac) (62,659 hectares (ha)) 

critical habitat are being designated for 

the taxon. The critical habitat is located 

in Alameda, Contra Costa, Santa Clara, 

and San Joaquin Counties, California. 

DATES: This rule becomes effective on 

November 1, 2006. 

ADDRESSES: Comments and materials 

received, as well as supporting 

documentation used in the preparation 

of this final rule, are available for public 

inspection, by appointment, during 

normal business hours, at the 

Sacramento Fish and Wildlife Office, 

2800 Cottage Way, Suite W–2605, 

Sacramento, California 95825. The final 

rule and economic analysis are available 

via the Internet at http://www.fws.gov/ 

sacramento. 

FOR FURTHER INFORMATION CONTACT: 

Arnold Roessler, Listing Branch Chief, 

Sacramento Fish and Wildlife Office, at 

the above address (telephone 916/414– 

6600; facsimile 916/414–6712). 

SUPPLEMENTARY INFORMATION: 

Role of Critical Habitat in Actual 

Practice of Administering and 

Implementing the Act 

Attention to and protection of habitat 

is paramount to successful conservation 

actions. The role that designation of 

critical habitat plays in protecting 

habitat of listed species, however, is 

often misunderstood. As discussed in 

more detail below in the discussion of 

exclusions under section 4(b)(2) of the 

Act, there are significant limitations on 

the regulatory effect of designation 

under section 7(a)(2) of the Act (16 

U.S.C. 1531 et seq.). In brief, (1) 

designation provides additional 

protection to habitat only where there is 

a Federal nexus; (2) the protection is 

relevant only when, in the absence of 

designation, destruction or adverse 

modification of the critical habitat 

would in fact take place (in other words, 

other statutory or regulatory protections, 

policies, or other factors relevant to 

agency decision-making would not 

prevent the destruction or adverse 

modification); and (3) designation of 

critical habitat triggers the prohibition 

of destruction or adverse modification 

of that habitat, but it does not require 

specific actions to restore or improve 

habitat. 

Currently, only 475 species, or 36 

percent of the 1,310 listed species in the 

U.S. under the jurisdiction of the 

Service, have designated critical habitat. 

We address the habitat needs of all 

1,310 listed species through 

conservation mechanisms such as 

listing, section 7 consultations, the 

section 4 recovery planning process, the 

section 9 protective prohibitions of 

unauthorized take, section 6 funding to 

the States, the section 10 incidental take 

permit process, and cooperative, 

nonregulatory efforts with private 

landowners. The Service believes that it 

is these measures that may make the 

difference between extinction and 

survival for many species. 

In considering exclusions of areas 

originally proposed for designation, we 

evaluated the benefits of designation in 

light of Gifford Pinchot Task Force v. 

United States Fish and Wildlife Service. 

In that case, the Ninth Circuit 

invalidated the Service’s regulation 

defining ‘‘destruction or adverse 

modification of critical habitat.’’ In 

response, on December 9, 2004, the 

Director issued guidance to be 

considered in making section 7 adverse 

modification determinations. This 

critical habitat designation does not use 

the invalidated regulation in our 

consideration of the benefits of 

including areas in this final designation. 

The Service will carefully manage 

future consultations that analyze 

impacts to designated critical habitat, 

particularly those that appear to be 

resulting in an adverse modification 

determination. Such consultations will 

be reviewed by the Regional Office prior 

to finalizing to ensure that an adequate 

analysis has been conducted that is 

informed by the Director’s guidance. 

On the other hand, to the extent that 

designation of critical habitat provides 

protection, that protection can come at 

significant social and economic cost. In 

addition, the mere administrative 

process of designation of critical habitat 

is expensive, time-consuming, and 

controversial. The current statutory 

framework of critical habitat, combined 

with past judicial interpretations of the 

statute, make critical habitat the subject 

of excessive litigation. As a result, 

critical habitat designations are driven 

by litigation and courts rather than 

biology, and made at a time and under 

a time frame that limits our ability to 

obtain and evaluate the scientific and 

other information required to make the 

designation most meaningful. 

In light of these circumstances, the 

Service believes that additional agency 

discretion would allow our focus to 

return to those actions that provide the 

greatest benefit to the species most in 

need of protection. 

Procedural and Resource Difficulties in 

Designating Critical Habitat 

We have been inundated with 

lawsuits for our failure to designate 

critical habitat, and we face a growing 

number of lawsuits challenging critical 

habitat determinations once they are 

made. These lawsuits have subjected the 

Service to an ever-increasing series of 

court orders and court-approved 

settlement agreements, compliance with 

which now consumes nearly the entire 

listing program budget. This leaves the 

Service with little ability to prioritize its 

activities to direct scarce listing 

resources to the listing program actions 

with the most biologically urgent 

species conservation needs. 

The consequence of the critical 

habitat litigation activity is that limited 

listing funds are used to defend active 

lawsuits, to respond to Notices of Intent 

(NOIs) to sue relative to critical habitat, 

and to comply with the growing number 

of adverse court orders. As a result, 

listing petition responses, the Service’s 

own proposals to list critically 

imperiled species, and final listing 

determinations on existing proposals are 

all significantly delayed. 

The accelerated schedules of courtordered designations have left the 

Service with limited ability to provide 

for public participation or to ensure a 

defect-free rulemaking process before 

making decisions on listing and critical 

habitat proposals, due to the risks 

associated with noncompliance with 

judicially imposed deadlines. This in 

turn fosters a second round of litigation 

in which those who fear adverse 

impacts from critical habitat 

designations challenge those 

designations. The cycle of litigation 

appears endless, and is very expensive, 

thus diverting resources from 

conservation actions that may provide 

relatively more benefit to imperiled 

species. 

The costs resulting from the 

designation include legal costs, the cost 

of preparation and publication of the 

designation, the analysis of the 

economic effects and the cost of 

requesting and responding to public 


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comment, and in some cases the costs 

of compliance with the National 

Environmental Policy Act (NEPA) (42 

U.S.C. 4321 et seq.). These costs, which 

are not required for many other 

conservation actions, directly reduce the 

funds available for direct and tangible 

conservation actions. 

Background 

The Alameda whipsnake, also known 

as the Alameda striped racer, reaches an 

adult size of 3 to 5 feet (ft) (91 to 152 

centimeters (cm)) in length and inhabits 

the inner coast range mostly in Contra 

Costa and Alameda Counties (Jennings 

1983; McGinnis 1992; Swaim 1994), 

with additional occurrence records in 

San Joaquin and Santa Clara Counties 

(California Natural Diversity Database 

(CNDDB) 2006; Swaim 2004). Lizards, 

particularly the western fence lizard 

(Sceloporus occidentalis), are the 

primary prey of the Alameda 

whipsnake, however, the whipsnake’s 

diet may include other prey items (e.g., 

rattlesnakes and nesting birds) 

depending on an individual’s size, sex, 

age, and location. Several individuals 

monitored by Swaim (1994, p. 50) for 

nearly an entire activity season 

appeared to maintain stable home 

ranges varying in area from 1.9 to 8.7 ha 

(5.0 to 21.5 ac). Movements of these 

individuals were multi-directional, and 

individual snakes returned to specific 

areas and retreat sites after long 

intervals of nonuse. Whipsnakes had 

one or more core areas (areas of 

concentrated use) within their home 

range as described above, centered on a 

scrub community; however, whipsnakes 

often ventured for periods of a few 

hours to weeks at a time into adjacent 

habitats, including grassland, oak 

savanna, and occasionally oak-bay 

woodland. Male whipsnakes extensively 

used grasslands during the mating 

season in spring. Female Alameda 

whipsnakes used grassland areas most 

extensively after mating, possibly in 

search of suitable egg-laying sites. 

It is our intent to limit discussion in 

this final rule to new information or 

clarification or correction of earlier 

information. For more information on 

the Alameda whipsnake, please refer to 

the December 5, 1997 final listing rule 

(62 FR 64306), previous October 3, 2000 

final critical habitat designation (65 FR 

58933), and the October 18, 2005 

proposed critical habitat designation (70 

FR 60607). 

Threats 

Several factors can affect the mosaic 

nature of the habitat upon which the 

Alameda whipsnake depends. Fire 

suppression can alter the structure of 

Alameda whipsnake habitat by allowing 

plants to establish a closed canopy, 

resulting in more uniformly cool 

conditions that may affect the Alameda 

whipsnake as well as its lizard prey 

base. Infrequent catastrophic wildfires 

may result in losses of habitat and direct 

mortality of Alameda whipsnakes. 

Incompatible grazing practices such as 

overgrazing, or bulldozing and burning 

in preparing lands for grazing, can result 

in significant and long-term losses of the 

scrub component of the vegetation 

mosaic comprising Alameda whipsnake 

habitat. Construction and use of paved 

or unpaved roads and trails within 

largely unbroken tracts of habitat, for 

recreational or other purposes, may 

result in both incremental losses of 

Alameda whipsnake habitat and direct 

mortality of individual Alameda 

whipsnakes crushed by motorized or 

unmotorized vehicles. These threats 

render the remaining habitat less 

suitable for the Alameda whipsnake, 

and special management may be needed 

to address them. 

Previous Federal Actions 

On June 7, 2001, the Home Builders 

Association of Northern California and 

others filed a lawsuit in the United 

States Court for the Eastern District of 

California (Court) against the Service, 

challenging the final designation of 

critical habitat for the Alameda 

whipsnake (Home Builders Association 

of Northern California et al. v. U.S. Fish 

and Wildlife Service et al., 268 F. Supp. 

2d 1197). On May 9, 2003, the U.S. 

District Judge vacated and remanded the 

October 3, 2000, final rule designating 

critical habitat for the Alameda 

whipsnake and, on January 14, 2004, 

issued an order specifying a schedule 

for completion of a new final rule. Our 

proposed critical habitat for the 

Alameda whipsnake was published in 

the Federal Register on October 18, 

2005 (70 FR 60607). A draft economic 

analysis of the proposed critical habitat 

was published in the Federal Register 

on May 4, 2006 (71 FR 26311). 

For more information on previous 

Federal actions concerning the Alameda 

whipsnake, refer to the December 5, 

1997, final listing rule published in the 

Federal Register (62 FR 64306). 

Summary of Comments and 

Recommendations 

We requested written comments from 

the public on the proposed designation 

of critical habitat for the Alameda 

whipsnake published on October 18, 

2005 (70 FR 60607). The comment 

period for the proposed rule closed on 

December 19, 2005. A second comment 

period was opened for comments on the 

Draft Economic Analysis (DEA) and the 

proposed rule on May 4, 2006, and 

closed on June 5, 2006 (71 FR 26311). 

Comments and new information 

received in response to the proposed 

rule and the DEA were incorporated in 

the final rule as appropriate and/or 

summarized below. 

During the comment periods for the 

proposed rule, we received a total of 20 

comment letters from Federal, State and 

local governments, and private 

individuals. Of those comment letters; 5 

were peer reviews; 1 letter provided 

comments based on comparison of the 

proposed rule with the rule remanded 

by Court order on May 9, 2003; 10 

provided comments on the status of 

particular lands, and 2 of these 10 also 

commented on comparison with the 

remanded rule; 1 letter commented on 

the occurrence of Alameda whipsnake 

in non-chaparral habitats; 1 stated that 

all habitat should be saved; 1 expressed 

general support for the draft East Contra 

Costa County Habitat Conservation Plan 

and Natural Community Conservation 

Plan (ECCHCP/NCCP); and 1 had 

particular questions on the impact of 

critical habitat designation on the 

development process. We did not 

receive any requests for a public 

hearing. 

Peer Review 

In accordance with our policy 

published on July 1, 1994 (59 FR 

34270), we solicited expert opinions 

from five knowledgeable individuals 

with scientific expertise that included 

familiarity with the subspecies, the 

geographic region in which the 

subspecies occurs, and conservation 

biology principles. We received 

responses from all five peer reviewers. 

Four of the peer reviewers agreed 

generally with the descriptions, 

methods, and the primary constituent 

elements used in this designation. Of 

those that agreed, one peer reviewer 

stated the designation should go 

forward as written, two peer reviewers 

identified specific areas that should be 

added to the designation, and one peer 

reviewer identified specific areas for 

both addition to and removal from the 

designation. The fifth peer reviewer 

commented on habitat associations, 

feeding specialization, and slope 

exposure, and recommended additional 

explanation about habitats where the 

species is seen less frequently. One of 

five peer reviewers agreed with the 

exclusions we had already proposed 

under section 4(b)(2) of the Act but 

requested clarifications, while a second 

peer reviewer disagreed with those 

exclusions. The other three peer 

reviewers did not comment on the 


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exclusions. Three of five peer reviewers 

felt that additional areas should be 

designated critical habitat in the 

vicinities of proposed critical habitat 

Units 5A and 5B. 

We reviewed all comments received 

from the peer reviewers and the public 

for substantive issues and new 

information regarding critical habitat for 

the Alameda whipsnake, and addressed 

them in the following summary. 

Peer Reviewer Comments 

(1) Comment: One peer reviewer 

concluded that inadequate attention had 

been given to the issue of intergradation 

(transitional forms resulting from 

breeding with similar species; in this 

case, between the Alameda whipsnake 

and the chaparral whipsnake) in the 

proposed designation, noting that he 

had observed whipsnakes with 

characteristics of Alameda whipsnakes 

up to 20 miles (mi) (32 kilometers (km)) 

south of Unit 5A in Del Puerto Canyon 

and San Antonio Valley within Santa 

Clara County. The peer reviewer 

recommended that these areas should 

ideally be designated as critical habitat, 

and suggested that zones of 

intergradation are vital to the 

conservation of the Alameda 

whipsnake. The peer reviewer also 

called for a study of intergradation using 

genetic analysis as appropriate. 

Our Response: We examined the 

available information on intergradation, 

including published descriptions by 

Reimer (1954, p. 47) and Jennings (1983, 

p. 343.1), and Jennings’ comments on 

the proposed listing (Jennings 1994, 

letter dated March 19, 1994). Those 

references indicate potential intergrades 

on the eastern and southern range of the 

proposed designation, but not in Santa 

Clara County. Our research into 

additional occurrence records outside 

those areas designated in Santa Clara 

County did not locate documentation of 

such records of whipsnake intergrades 

during the preparation of this final rule. 

We requested the peer reviewer provide 

additional documentation, but did not 

receive a response within either 

comment period. Based on examination 

of our Geographic Information System 

(GIS) database, we determined that Del 

Puerto Canyon and San Antonio Valley 

do contain at least one primary 

constituent element (PCE). We conclude 

that the reviewer may be correct that 

Alameda whipsnake intergrades are 

present to the south of the proposed 

designation, but there is inadequate 

information to support a change in the 

designation in this area. While we may 

agree with the commenter as to the need 

for additional study, designation of 

critical habitat is based on the best and 

most current scientific and commercial 

information available. Without further 

information on the location of 

whipsnake intergrades, we cannot fully 

consider additional areas for inclusion 

in critical habitat. Finally, we do not 

believe that all such habitat, even if 

occupied, must be designated as critical 

habitat, nor did we believe it necessary 

to designate unoccupied habitat. We 

conclude that the designations of Units 

5A and 5B as proposed are sufficient for 

conservation of the Alameda whipsnake 

in the southern range of the subspecies. 

(2) Comment: One peer reviewer 

noted that the accepted common name 

of the Alameda whipsnake is Alameda 

striped racer, but assumes its use is 

beyond revision at this time. 

Our Response: We have indicated in 

the Background section above that 

Alameda striped racer is another name 

for Alameda whipsnake. 

(3) Comment: One peer reviewer 

suggested not excluding any critical 

habitat from the final designation 

because management for the Alameda 

whipsnake should not be much more 

difficult if such lands are included 

rather than excluded. 

Our Response: We agree that the 

designation of critical habitat does not 

substantially increase the regulatory 

requirements already in place for a 

listed species. However, there are 

multiple ways to provide for the 

management and conservation of a 

species and its habitat. Federal, State, 

local, or private management plans can 

provide protection and management to 

avoid the need for designation of critical 

habitat. When we determine whether a 

plan is adequate in protecting a species 

or its habitat, we consider whether the 

plan, as a whole, will provide at least 

the same level of protection as the 

designation of critical habitat. The plan 

need not lead to exactly the same result 

as a designation in every individual 

application, as long as the protection it 

provides is equivalent or better overall. 

In making this determination, we 

examine whether the plan provides 

management, protection, or 

enhancement of the primary constituent 

elements (PCEs) that is at least 

equivalent to that provided by a critical 

habitat designation, and whether there 

is a reasonable expectation that the 

management, protection, or 

enhancement actions will continue into 

the foreseeable future. Each review is 

particular to the species and the plan, 

and some plans may be adequate for 

some species and inadequate for others. 

Under section 4(b)(2), in considering 

whether to exclude a particular area 

from the designation, we must identify 

the benefits of including the area in the 

designation, identify the benefits of 

excluding the area from the designation, 

and determine whether the benefits of 

exclusion outweigh the benefits of 

inclusion. If an exclusion is 

contemplated, then we must determine 

whether excluding the area would result 

in the extinction of the species. For 

more information, see Application of 

Section 4(a)(3) and Exclusions Under 

Section 4(b)(2) of the Act section below. 

(4) Comment: One peer reviewer 

suggested that eucalyptus (Eucalyptus 

sp.) and redwood (Sequoia 

sempervirens) are not essential features 

because they can form a closed canopy. 

The peer reviewer states that eucalyptus 

in particular can invade grasslands and 

brushland habitats as well as increase 

fire risk, which could lead to the loss of 

regional Alameda whipsnake 

populations. However, the peer 

reviewer acknowledged the potential for 

eucalyptus and redwood trees to 

provide cover and function as a 

movement corridor. The reviewer 

provided six color digital aerial 

photographs showing his recommended 

removal from the critical habitat 

designation of groves of eucalyptus or 

other inappropriate habitat from Units 2 

and 6. The reviewer comments that the 

proposed rule suggests that redwood 

and eucalyptus are essential features. 

Our Response: In the proposed rule, 

we indicated that proliferation of nonnative species, including eucalyptus, is 

a factor associated with threats to the 

Alameda whipsnake and is in need of 

special management. In this particular 

case, based on the existence of 

eucalyptus groves as well as roads, we 

have decided to remove one specific 

area in Unit 2 and three specific areas 

in Unit 6, as identified in the peer 

reviewer’s comments. One additional 

change in Unit 2 included moving a 

portion of the west boundary to follow 

the alignment of Redwood Creek. We 

also reviewed language in the proposed 

rule as it pertains to eucalyptus and 

redwood. We conclude that this 

language notes that eucalyptus and 

redwood are examples of the types of 

vegetation included within woodland 

communities adjacent to scrub habitat, 

but this does not require that we include 

them. As noted by the peer review 

comment, these areas may require 

special management to reduce fire risk. 

As mentioned in the proposed and this 

final rule, PCE 2 provides several of the 

biological processes, including 

dispersal, foraging, and contact with 

adjacent habitat. There may be instances 

within the designation in which 

eucalyptus or redwood areas are 

included to provide the spatial 

connectivity needed for dispersal and 


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contact between higher quality 

vegetation types. We have decided not 

to remove mention of eucalyptus or 

redwood in the primary constituent 

elements section, because these habitat 

types may be present in areas that are 

essential for dispersal and contact and/ 

or may require special management. 

(5) Comment: Two peer reviewers 

suggested designating additional critical 

habitat in the area between Units 5A 

and 5B. One of the peer reviewers stated 

that this area has current Alameda 

whipsnake populations, is in private 

ownership, and may be threatened by 

direct mortality along ranch roads and 

residential development of ranchettes 

and cabins or other habitat 

modification. We requested and 

received additional documentation of 

Alameda whipsnake sightings in the 

subject area. The sightings, all 

photographed, were made between 

April 21, 2001, and May 2, 2004, by the 

peer reviewer: three on Ohlone 

Conservation Bank lands, and one 

adjacent to San Francisco Water 

Department lands (San Antonio 

Watershed). 

A second peer reviewer’s comment on 

this issue suggested that additional 

areas between Units 5A and 5B should 

be designated because it is a vast area 

of core type habitat, and the lack of 

observations is due only to a lack of 

surveys for the species in this specific 

area, and designation as critical habitat 

is necessary to connect major known 

Alameda whipsnake localities. The 

reviewer considered the division and 

reduction of Unit 5, relative to the 2000 

rule remanded by the Court in 2003, to 

be inappropriate based on information 

concerning Alameda whipsnake habitat 

and mobility. 

Our Response: We reviewed the 

materials provided and consider the 

additional sighting information 

provided by one of the peer reviewers 

to be authentic. GIS analysis confirms 

that the area mentioned by the peer 

reviewers contains all PCEs, and 

possesses significant blocks of chamise 

chaparral and coastal scrub vegetation 

as well as major rock outcroppings and 

Alameda whipsnake associated soils. 

This type of habitat is similar to more 

extensively surveyed areas, which 

support robust populations of Alameda 

whipsnake. 

However, we consider the units 

presented in the proposed rule to 

contain sufficient PCEs to support the 

behaviors that we have determined to be 

essential to the conservation of the 

subspecies. For this reason, we have not 

designated this additional habitat 

recommended by the peer reviewer’s in 

the final rule. 

(6) Comment: One of the peer 

reviewers expressed concern that the 

proposed rule relies far too heavily on 

Swaim (1994), and appears not to have 

consulted key references (Larsen et al. 

1991; McGinnis and Swaim 1992, 

Swaim and McGinnis 1992). The 

reviewer summarizes several aspects of 

Alameda whipsnake biology, including 

the importance of (a) rock, talus, and 

burrows, (b) high lizard densities, (c) 

southerly slope aspect, and (d) open 

canopy shrub or chaparral. The reviewer 

states that Alameda whipsnakes may 

forage or pass through a variety of other 

community types such as grassland and 

oak woodland. The reviewer believes 

that the proposed rule gives the 

inaccurate impression that snake 

populations may occur only in these 

other community types and that, 

therefore, additional explanation is 

needed. The reviewer expresses concern 

that this impression may result in 

misinterpretation during Section 7 

consultations. The reviewer states that 

annual grassland, even if adjacent to 

scrub or chaparral (PCE 1), is not critical 

habitat if it has a low prey base or low 

presence of retreat sites. The reviewer 

states that the final critical habitat rule 

should address the potential for 

development on areas with no such 

features, and gives Moller Ranch as an 

example where development was done 

in a manner compatible with 

preservation of snake habitat. 

Our Response: We consulted the three 

references cited in the peer review 

(Larsen et al. 1991; Swaim and 

McGinnis 1992; McGinnis and Swaim 

1992). The findings of Swaim and 

McGinnis (1992) which state that 

Alameda whipsnakes were most often 

associated with southerly slope aspects 

is adequately summarized in the 

proposed rule (70 FR 60610). More 

recent analyses establish that this 

association is not as exclusive as 

originally indicated by Swaim and 

McGinnis (1992), in which Alameda 

whipsnakes were never found on 

several other slope aspects. In fact, 

Alameda whipsnakes do use all slope 

aspects. As already discussed in the 

proposed rule (70 FR 60610), this 

conclusion is based on much more 

extensive studies by Swaim (2000, 2003, 

2004, 2005b–d), as well as on further 

analysis of the most current database of 

all records by Alvarez (2005, 2006 in 

press). Alvarez (2006 in press, p. 1) 

found 17 of 82 (21 percent) of Alameda 

whipsnake records with reliable slope 

aspect determination to be on west, 

north, and northwest slopes. 

Furthermore, 37 of 129 records (29 

percent) of Alameda whipsnake 

observations reviewed by Alvarez (2005, 

p. 22) were found outside of vegetation 

types considered typical habitat for the 

subspecies. Such usage is well beyond 

incidental occurrence implied by the 

peer reviewer. For this final rule, we 

have modified the wording slightly in 

the second paragraph of the Habitat 

section (70 FR 60610, see also below), 

to reflect the submission during the 

comment periods of additional 

materials. 

The study by Larsen et al. (1991) 

supports the statement in the proposed 

rule that Alameda whipsnakes are 

specialists, eating mainly lizards (70 FR 

60609). The study by McGinnis and 

Swaim (1992) is substantially similar to 

Swaim (1994); it does indicate that the 

Alameda whipsnake monitored at 

Moller Ranch spent 9 percent of its time 

on annual grassland (McGinnis and 

Swaim 1992, pp. 35–42). There is 

insufficient information from that study 

or Alvarez (2006 in press) to conclude 

that grassland without crevices or rocks 

is never used. Based on the information 

available on the subspecies, it is our 

best professional opinion that 

movement through all habitat types 

must occasionally occur in order to 

conserve this subspecies. Accordingly, 

no change in the final rule is warranted 

based on either of these citations. 

This final rule defines three PCEs, all 

of which define elements considered 

essential for conservation of the 

subspecies (see Primary Constituent 

Elements, below). We decided not to 

base the inclusion of annual grassland 

as critical habitat on prey densities or 

retreat sites for a number of reasons. 

First, as noted elsewhere in this peer 

review and in studies by Swaim (1994) 

and Alvarez (2005, 2006 in press), 

Alameda whipsnakes do utilize 

grassland habitat for foraging, dispersal, 

mate-seeking, and egg-laying activities 

(see also Background, above). These are 

essential life history functions that do 

not necessarily rely on the presence of 

lizard prey densities or retreat sites. 

Multiple captures of juvenile Alameda 

whipsnakes in grassy ridges during 

recent monitoring of the Stonebrae 

Country Club project site suggest that 

this habitat may provide an important 

dispersal corridor (Swaim 2006, p. 6). 

Second, lizard prey densities can 

fluctuate within and between seasons, 

and determination of critical habitat on 

lizard prey densities may lead to 

inaccurate representations of habitat 

quality based on instantaneous 

measurement. Third, those areas which 

contain PCE 2 such as grassland, which 

may be utilized less frequently due to 

absence of PCE 1 or 3, may lack those 

PCEs due to prior scrub clearing. Such 


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areas may be subject to special 

management considerations, which 

could enhance habitat quality and 

contribute to the conservation of the 

subspecies. Fourth, as already 

mentioned in the proposed rule, 

designation of these areas minimizes 

overall fragmentation of critical habitat 

and allows for interaction between 

population components of the 

subspecies. 

Comments Related to Site-Specific 

Areas 

(7) Comment: One commenter 

requested that a location in Unit 3 

known as the Stonebrae project 

(formerly Blue Rock) be removed from 

the designation. The commenter 

asserted that few Alameda whipsnakes 

have been found there, the site has been 

graded, and the developed portion of 

the site does not contain the PCEs. The 

commenter’s reasons for excluding the 

site are that a section 7 consultation 

with the Service for this project site has 

been completed (Service file reference 

number 1–1–01–F–0275, dated July 12, 

2002); the site is not essential to the 

conservation of the Alameda 

whipsnake; the site does not require 

special management beyond that 

addressed in an existing management 

plan; the benefits of exclusion outweigh 

the benefits of inclusion under section 

4(b)(2) of the Act and; citing our 

proposed rule (70 FR 60607, p 60620), 

the section 7 consultation constitutes a 

type of formalized agreement that would 

provide assurances that conservation 

measures for the subspecies will be 

implemented and effective. 

Our Response: We requested and 

received additional monitoring 

information from the commenter, which 

reported that 7 Alameda whipsnakes 

were captured in the immediate vicinity 

of the site in 2004, and 38 whipsnakes 

were captured in 2005 (Swaim 2006, pp. 

1, 4). Only a portion of the site is 

currently graded or will be graded in the 

future. The golf course element of the 

project as well as the open space 

currently have at least one of the PCEs 

based on our analysis of the site and 

information in our files. 

However, we confirm that a Biological 

Opinion has been issued for the 

Stonebrae project. The Service agrees 

with the commenter that this constitutes 

a formalized relationship with 

assurances that conservation measures 

for the subspecies will be implemented 

and effective, because implementation 

of the conservation measures within the 

project description is required under the 

Biological Opinion. The project area in 

its entirety has been excluded from the 

final rule. For more information, see 

Application of Section 4(a)(3) and 

Exclusions Under Section 4(b)(2) of the 

Act section below. 

(8) Comment: In reference to our 

proposal not to exclude lands in Mount 

Diablo State Park, one commenter 

explained that several management 

activities, including the removal of 

livestock, and construction and 

maintenance of fuel breaks, may be 

causing considerable ecological impact, 

and monitoring of park lands has been 

inadequate. The commenter pointed out 

the inability of the State Park to fulfill 

directives to protect listed species in 

accordance with the Mount Diablo 1989 

General Plan. 

Our Response: In our proposed rule, 

we solicited information from the State 

as to whether lands within Mount 

Diablo should be excluded from the 

designation. We did not receive any 

information from the State regarding the 

designation of critical habitat. We have 

not excluded Mount Diablo State Park 

from our final designation, because it 

contains the PCE for the species and the 

area meets our criteria for designation. 

(9) Comment: One commenter 

requested that the eastern boundary of 

Unit 6 be revised to match more specific 

information in a Biological Opinion for 

a housing development known as 

Gateway/Montanera (Service file 

reference number 1–1–02–F–0168, 

dated October 8, 2004). The commenter 

noted that the requested boundary 

change is based on criteria used in the 

critical habitat designation that was 

applicable at the time of consultation 

with the Service and, although that 

critical habitat rule was remanded, the 

methodology for assessing PCEs has not 

changed significantly in the proposed 

rule. 

Our Response: The discussion of the 

Conservation Measures in the Biological 

Opinion states that the 973 ac (394 ha) 

of conservation lands are expected to 

benefit the Alameda whipsnake (p. 43 of 

Biological Opinion) and ‘‘enhance the 

value of critical habitat on these lands.’’

Thus, retention of such conservation 

lands as critical habitat is consistent 

with the Biological Opinion. The 

commenter’s proposed boundary 

revision primarily separates those areas 

that will be impacted as permitted 

under the Biological Opinion from areas 

that will not be affected and possess the 

PCEs. These impacts include 

construction of residences, recreational 

facilities, trails of various kinds, 

grading, and installation of drainage. In 

the final rule, the Service has revised 

the critical habitat boundary as 

requested by the commenter to remove 

developed areas or areas planned to be 

developed. 

(10) Comment: Two commenters 

supported the proposed exclusion of 

areas covered by the ECCHCP/NCCP for 

various reasons. One commenter 

indicated that an overlapping critical 

habitat designation could undermine 

permit streamlining aspects of Habitat 

Conservation Plans (HCP). A second 

commenter listed the benefits of the 

conservation measures in the ECCHCP/ 

NCCP of habitat preservation, 

connectivity, management and 

enhancement, mitigation of activities 

covered by the ECCHCP/NCCP, and 

contributions to recovery of the 

Alameda whipsnake and maintenance 

of ecosystem functions. 

Our Response: In this final rule, we 

have excluded lands within the 

ECCHCP/NCCP boundary. For more 

information, see Application of Section 

4(a)(3) and Exclusions Under Section 

4(b)(2) of the Act section below. 

(11) Comment: One commenter 

compared the critical habitat designated 

in the proposed rule with a previous 

2000 rule which was remanded by the 

Court, and stated that the Service has 

not adequately explained or identified 

why 203,366 ac (82,299 ha) previously 

designated as critical habitat are not 

included in the currently proposed rule. 

The commenter specifically refers to 

areas between Units 5A and 5B, areas 

adjacent to proposed development in 

Unit 3, portions of Unit 1, and all of an 

area known as Unit 7 in the remanded 

2000 rule. The commenter concludes 

the exclusion of these previously 

designated areas to be arbitrary. 

Our Response: The Service did not 

arbitrarily exclude areas in the proposed 

rule. We examined the area previously 

designated as Unit 7 for the Alameda 

whipsnake and considered them along 

with all other scientific information and 

evaluated the areas based on our 

methods and criteria for this 

designation. The area within the 

previously know Unit 7 did not meet 

the criteria we used to identify critical 

habitat for this designation. We consider 

the areas and PCEs included within the 

currently identified critical habitat to be 

sufficient for conservation of the 

subspecies. 

With respect to the area formerly 

designated as Unit 7 in the remanded 

rule, we concluded that the potential for 

movement between Units 3 and 4 is 

possible, but so severely limited by 

existing roadways and current land uses 

that designation of the area between 

them would not result in a high 

potential for dispersal. The area within 

the formally designated Unit 7 did not 

meet our criteria for being designated as 

critical habitat and is not essential. 


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As explained above in our responses 

to similar comments by three peer 

reviewers (see Comments 1 and 5), we 

consider the areas designated in Units 

5A and 5B of the proposed rule to 

contain sufficient PCEs to support the 

behaviors that we have determined to be 

essential to the conservation of the 

subspecies. 

The boundaries of Units 1 and 3 in 

the proposed rule were determined from 

features visible in aerial imagery and 

described in the criteria and methods as 

including one or more of the following: 

Ground disturbance or other included 

development; proximity to 

development; included structures or 

roads; proportion of scrub and 

chaparral; and proportion of soils types 

associated with multiple records of 

Alameda whipsnake. We have reexamined these particular areas, and 

have determined that the boundaries of 

Units 1 and 3 are consistent with the 

criteria and methods described in the 

proposed rule. In this final rule, we 

have excluded one area within Unit 3 

because it had been adequately 

considered in a previous Biological 

Opinion (see Comment 7, above) 

(12) Comment: One commenter noted 

that the proposed rule did not identify 

the area or specific locations of habitat 

proposed for exclusion under section 

4(b)(2) of the Act. The commenter 

assumes that the Service proposes to 

exclude 42,665 ac (7,058 ha) from Unit 

4 that are covered by the ECCHCP/ 

NCCP, in addition to the 17,440 ac 

(7,058 ha) of East Bay Regional Park 

District (EBRPD) land that will be 

excluded. 

The commenter believes that the 

Service has improperly equated 

protections of critical habitat with those 

of species listing in its exclusion of 

ECCHCP/NCCP lands. The commenter 

further states that the proposed rule did 

not state the reasons why EBRPD lands 

were excluded, or identified 

management activities that may be 

conducted under federal permits or 

funding that are detrimental to the 

Alameda whipsnake. Finally, the 

commenter states that the impacts of 

recreational activities, grazing, and 

roads on EBRPD lands proposed for 

exclusion were not discussed by the 

Service. 

Our Response: Table 1 of the 

proposed rule (70 FR 60616) shows the 

distribution by unit of the lands 

proposed for exclusion. The amount of 

area covered under the ECCHCP/NCCP 

can be obtained by subtracting the local 

area column in Table 2 from the total 

area proposed for exclusion column in 

Table 1. The language in the Unit 4 

description in the final rule has been 

slightly revised so that it states that 

EBRPD lands are excluded, rather than 

a portion of such lands. An additional 

section has been provided in the final 

rule explaining the Service’s 

consideration of the incremental 

protection of designation (see Role of 

Critical Habitat in Actual Practice of 

Administering and Implementing the 

Act). The proposed rule did include an 

evaluation and description of Federal 

actions that may destroy or adversely 

modify habitat, or may jeopardize the 

continued existence of the Alameda 

whipsnake (70 FR 60619), which we 

have revised below (see Effects of 

Critical Habitat Designation). These or 

other activities could be affected by 

management activity on EBRPD lands. 

As further discussed in the proposed 

rule, however, we proposed to exclude 

EBRPD lands based on participation and 

linkage with the ECCHCP/NCCP, and to 

remove disincentives of such 

participation and linkage where deemed 

appropriate. For more information, see 

Application of Section 4(a)(3) and 

Exclusions Under Section 4(b)(2) of the 

Act section below. 

(13) Comment: One commenter noted 

that his client’s property, known as Oak 

Knoll, had been properly excluded from 

the critical habitat designation, and 

should remain excluded in the final rule 

because it was poor habitat, there were 

no Alameda whipsnake observations, 

and exclusion of the site would meet the 

section 4(b)(2) balancing test. 

Our Response: In consideration of the 

criteria described in the proposed rule, 

the location known as Oak Knoll, a 

decommissioned Federal facility, was 

not determined to be essential for the 

conservation of the subspecies. We are 

not aware of any recent information that 

would warrant inclusion of this area as 

critical habitat. 

(14) Comment: One commenter 

indicated that present information did 

not support designation of a 450 ac (182 

ha) property in Unit 2 known as Faria 

Ranch. The commenter represents a 

client who plans to construct a housing 

development on the property. The 

commenter asserts that Faria Ranch 

generally lacks PCEs, and Alameda 

whipsnakes have not been found on the 

site. The comment suggests that 

EnviroNet (2000) surveyed the site and 

found no Alameda whipsnakes. Further, 

the commenter compared the EBRPD 

Master Plan to a draft document 

(Huffman-Broadway Group 2005) his 

client intends to submit in the future as 

part of an application for a 404 permit 

in connection to a section 7 consultation 

with the Service (i.e., the draft 

document was provided during the 

comment period, but consultation with 

the Service has not been initiated). The 

commenter concludes, based on this 

comparison, that no further mitigation 

measures are required. The commenter 

makes several further general comments 

related to methods, which we address 

separately below (see Comments 

Relating to Criteria and Methods). 

Our Response: Faria Ranch is part of 

a larger geographic area encompassing 

all of the features known as Las 

Trampas Ridge. In contrast to the 

suggestion by the commenter that 

Alameda whipsnakes were not found in 

surveys, we find that EnviroNet (2000, 

p. 1) states that ‘‘No trapping of the 

whipsnake was conducted.’’ EnviroNet 

(2000, p. 5) also concludes that Alameda 

whipsnakes may use the site for short 

periods of time. Moreover, Faria Ranch 

is within 2 to 4 mi (3 to 6 km) of verified 

records of Alameda whipsnakes, 

contains small quantities of chaparral 

and rock outcrops, and is within 1,400 

ft (427 meters (m)) of much more 

extensive rock outcrops and chaparral. 

We requested and received from the 

commenter Appendix 4b of the 

Huffman-Broadway Group (2005) report, 

which included a more recent 2005 site 

assessment (Swaim 2005e). This 2005 

site assessment concludes that, due to 

the extensive patches of high-quality 

scrub and chaparral in such close 

proximity to the site, it is very likely 

that Alameda whipsnakes do occur on 

Faria Ranch (Swaim 2005e, p. 4). Swaim 

(2005e, p. 4) notes that while Alameda 

whipsnake surveys were not conducted 

during this assessment, Faria Ranch was 

likely to support high densities of this 

subspecies based on the habitat quality 

and connection to other areas with 

recorded sightings of Alameda 

whipsnakes. In contrast to the 

conclusion by EnviroNet (2000, p. 5) 

that usage would be short term and 

infrequent, Swaim (2005e, p. 4) suggests 

that portions of Faria Ranch would be 

included within home ranges of any 

snakes present in the extensive rock 

outcrops and chaparral just north of 

Faria Ranch. 

We also examined the materials 

provided for presence or absence of the 

PCEs. Plate C of EnviroNet (2000) 

provides definitive photographic proof 

of PCEs 1 and 2 on and immediately 

adjacent to the site. The abundant rock 

outcrops within 1,400 ft (427 ha) of the 

site were verified by the soil 

information in our GIS database (Rocky 

Outcrops—Xerothants). A professional 

botanist provided further evidence of 

outcrops within the site itself, stating 

that shrubby rock outcrops were 

examined in detail on three occasions 

on Faria Ranch (Huffman-Broadway 

Group 2005, p. 16). In addition to the 


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small inclusions of chaparral and some 

animal burrows noted on the site by 

EnviroNet (2000, p. 4), much more 

chaparral occurs in association with the 

rocky soils close to the site. The 

mammal survey provided by the 

commenter includes an array of 

common burrowing mammals that very 

likely burrowed on site (Table 2, 

Attachment 2 in Huffman-Broadway 

Group 2005). The rock outcrops and 

burrows demonstrate the presence of 

PCE 3 on the site, which is used by the 

Alameda whipsnake for shelter, 

hibernacula (wintering shelter), 

foraging, dispersal, and additional prey 

population support functions. 

In the proposed rule, we discussed 

the need for special management 

considerations to address inappropriate 

grazing practices. EnviroNet (2000, p. 4) 

identifies grazing as a factor on Faria 

Ranch that has favored invasive exotic 

species. Special management 

considerations may be needed to 

manage various effects of grazing or 

rangeland management practices on 

habitat for Alameda whipsnake, as 

discussed above (Threats), and below in 

our response to Comment 28. In 

conclusion, the best scientific data 

indicate that Faria Ranch contains all of 

the PCEs and may require special 

management. The geographic feature of 

Las Trampas Ridge, which includes 

Faria Ranch, is occupied by Alameda 

whipsnake. The proximity of 

observations of Alameda whipsnakes to 

Faria Ranch are well within the 

dispersal capabilities of the Alameda 

whipsnake, and the habitat is of 

sufficiently high quality under the 

criteria we have described in the 

proposed rule to warrant designation. 

Further, the section 7 consultation 

process has not been initiated, so the 

site cannot be considered for exclusion 

or removal on that basis. For these 

reasons, Faria Ranch is included in the 

designated critical habitat in the final 

rule. 

(15) Comment: One commenter points 

out that the description of Unit 5A does 

not include PCE 3, and does not see 

how Unit 5A can be critical habitat if it 

is devoid of one of the PCE’s. 

Our Response: It is not necessary that 

habitat contain all of the PCEs to be 

designated critical habitat; only 

sufficient PCEs necessary to support one 

of the life history functions of the 

species is necessary. However, the Unit 

5A description in the final rule has been 

amended to make clear that it does 

contain an abundance of rock bearing 

soils such as rock land, Vallecitos rocky 

loam, and other types, indicating the 

presence of PCE 3 (talus). 

Comments Relating to Criteria and 

Methods 

(16) Comment: One commenter stated 

that the proposed rule is inadequate 

because it does not include any 

unoccupied habitat. The commenter 

states that unoccupied habitat is 

necessary to the survival and recovery 

of the subspecies. The commenter 

makes reference to our discussion about 

habitat loss and fragmentation in the 

remanded October 3, 2000, final critical 

habitat rule (65 FR 58933). The 

commenter suggests that the Service has 

also excluded habitat that currently 

lacks PCEs but could be restored to 

provide PCEs and aid in the recovery of 

the subspecies. Additionally, the 

commenter notes that the Service did 

not include any type of buffer habitat. 

Our Response: The criteria and 

methods in the proposed and this final 

rule have been significantly revised 

from the remanded final critical habitat 

rule (65 FR 58933) as it pertains to 

occupancy. Habitat determined to be 

occupied included the habitat between 

recorded observations within the 

capable and necessary range of 

movement, with relatively high quality 

habitat for the Alameda whipsnake, 

presence of the PCEs, and other factors 

(see Methods section and Criteria Used 

to Identify Critical Habitat, below). 

Additionally, one of the peer reviewers 

concurred with our methodology due to 

extensive trapping surveys in those 

areas we have designated and where 

Alameda whipsnakes have been found. 

Habitat occupied by the subspecies 

extends beyond the precise point of 

collection or observation of known 

Alameda whipsnake sightings, because 

the snakes have the ability and necessity 

to move and disperse to locations 

outside these areas, and because the 

known records are only a fraction of the 

actual population of Alameda 

whipsnakes. Furthermore, although the 

commenter is correct in that we have 

not designated habitat that does not 

contain the PCEs but may be restorable, 

we have concluded that designating 

such habitat is not essential for 

conservation of the subspecies. We have 

determined that we designated 

sufficient habitat for the conservation of 

the subspecies. 

(17) Comment: One commenter stated 

that there was no method for 

determining how or when Act 

protections were no longer needed and 

that this violates the Act as interpreted 

by the Court. 

Our Response: The language in the 

May 9, 2003, Court decision to which 

the commenter is referring relates to the 

issue of identification of PCEs. The final 

rule identifies, enumerates, and 

discusses those PCEs the Service 

considers essential to the conservation 

of the subspecies and directly relates 

those PCEs to the specific areas being 

designated and to our implementing 

regulation found at 50CFR 424.12. The 

final rule is, therefore, in full 

compliance with the Act as interpreted 

by the Court decision. Additionally, the 

process for determining when the 

protections of the Act are no longer 

needed is part of the Recovery planning 

and delisting process and not part of 

critical habitat designation. 

(18) Comment: One commenter states 

that the proposed rule has deficiencies 

similar to the remanded rule because it 

relies on exclusion criteria that result in 

what the commenter terms ‘‘deferral and 

overdesignation’’ problems. 

Our Response: The language in the 

May 9, 2003, Court decision to which 

the commenter is referring relates to a 

finding, as a matter of law, that the 

Service’s dependence in the remanded 

rule on exclusion criteria is 

unwarranted because the remanded rule 

excluded only features and structures, 

not the land on which they are located. 

The proposed rule, as noted by the 

commenter, does exclude the land 

which contains buildings, paved areas, 

and other structures. We have, therefore, 

not designated this land as critical 

habitat, and we consider the proposed 

rule in compliance with the Act as 

interpreted by the Court decision. Minor 

editing of the language is included in 

this final rule. 

(19) Comment: One commenter stated 

that while the PCEs described in the 

proposed rule are those known to be 

associated with Alameda whipsnake, no 

attempt was made in the proposed rule 

to discern which features or settings are 

truly essential to the subspecies’

conservation. The commenter states that 

the May 9, 2003, Court decision requires 

the Service to do more than identifying 

habitat features to be associated with the 

subspecies. The commenter claims that 

all areas within each unit that contain 

PCEs were designated because the 

proposed rule did not state a quantity 

for patch dimension or minimum 

amount. 

Our Response: The PCEs described in 

the proposed rule were not selected 

based on mere association with 

Alameda whipsnake observations or 

records. The proposed rule includes a 

detailed description of the PCEs, states 

that they are essential, describes the 

relationship of each PCE to critical and 

essential life history processes of the 

Alameda whipsnake, and provides 

support of the selection of the PCEs 

with the best available scientific 


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information. This information indicates 

that a range of patch sizes, from very 

small to large patches, is known to 

support Alameda whipsnake (Swaim 

2004, p. 1). In the proposed rule, the 

Service did not specify a patch size or 

minimum amount of chaparral habitat 

as a criterion for designating critical 

habitat. The PCEs describe the features 

essential for the Alameda whipsnake 

and no changes were made in this final 

rule. For additional information, see 

Criteria Used to Identify Critical Habitat, 

below. 

(20) Comment: One commenter 

considered the description of the PCEs 

to be overly broad and not in 

compliance with the May 9, 2003, Court 

decision. The commenter concludes that 

the formulation of the PCEs in the 

proposed rule provide no guidance for 

determining the areas that are essential 

to the conservation of the subspecies, 

because all undeveloped areas of the 

East Bay would possess the PCEs. 

Our Response: The proposed rule 

includes a detailed description of the 

PCEs and a rationale for why they are 

essential, describes the relationship of 

each PCE to critical and essential life 

history processes of the Alameda 

whipsnake, and provides support for the 

selection of the PCEs with the best 

available scientific information. In 

addition to the PCE descriptions, the 

proposed rule includes additional 

detailed discussion of the methods and 

criteria used to designate critical 

habitat. As a result of applying these 

methods and criteria, we have 

designated sufficient areas containing 

essential PCEs to provide for the life 

history functions of the subspecies and 

ensure its conservation. These areas are 

substantially less than all such areas in 

the East Bay that contain PCEs. The 

Service considers the methods and 

criteria in the proposed rule to be in full 

compliance with the May 9, 2003 Court 

decision. No change in the description 

of the PCEs, methods, or criteria is 

warranted in the final rule. 

(21) Comment: One commenter stated 

that adjacent habitats are frequently 

used and may be critical in their own 

right. The commenter included two 

peer-reviewed publications supporting 

his comment (Alvarez 2005, 2006 in 

press). 

Our Response: The Service reached 

this same conclusion in the proposed 

rule (70 FR 60610, ‘‘Habitat’’). The 

references were reviewed and found to 

provide further support for this 

conclusion as well as for Alameda 

whipsnake mobility. Therefore, this 

additional information was added to the 

revised sections on Habitat, and 

Dispersal Habitat, below. See also our 

response to a peer reviewer, above 

(Comment 6). 

Comments Relating to Adequacy of 

Notice 

(22) Comment: One comment stated 

that the maps provided in the proposed 

rule were inadequate because they 

lacked scale and identifying features to 

enable the public to determine what 

land had been excluded, and did not 

allow the public to determine the 

differences between areas designated in 

the proposed rule compared to the 

previous rule remanded by Court 

decision on May 9, 2003. 

Our Response: The Service considers 

the maps in the proposed rule to be 

adequate for comment. The Service also 

provided a full legal description of all 

designated areas in the proposed rule. 

As indicated in the summary of the 

proposed rule, all supporting 

documents used in preparation were 

available for public inspection. The 

commenter did not request to examine 

these records. The GIS shapefiles were 

provided to anyone making a request for 

such information. The Service was not 

under a statutory or Court requirement 

to compare and explain differences 

between the remanded rule and the 

proposed rule published on October 18, 

2005. Because the previous critical 

habitat designation was vacated by the 

Court, this designation is based on the 

best scientific information currently 

available and stands alone for 

evaluation and review. 

(23) Comment: One commenter 

contends that the proposed rule fails to 

specify the PCEs, and that its 

designation of broad areas not presently 

occupied by the Alameda whipsnake 

constitutes a failure to provide adequate 

public notice. 

Our Response: We specified the PCEs 

in the proposed rule and did not 

designate areas unoccupied by the 

Alameda whipsnake (see response to 

Comment 16). The proposed designation 

was limited to those areas containing 

high quality habitat for the Alameda 

whipsnake as outlined in the Criteria 

Used to Identify Critical Habitat section 

of the proposed rule. We also 

specifically noticed all appropriate 

Federal, State, and County government 

officials, agencies, representatives, and 

the public through direct mailing, local 

media news releases, Web site posting, 

and newspaper notice. Accordingly, the 

notice of publication of the proposed 

rule is adequate. 

Comments Relating to General Issues of 

Development Interests 

(24) Comment: One commenter 

requested clarity on several aspects of 

the development process by the City of 

Pleasanton, under several possible 

scenarios, namely: (a) Is destruction of 

Alameda whipsnake critical habitat 

considered ‘‘take’’ when no Federal 

permit or action is required? (b) What 

type of protection is conferred by 

critical habitat designation when a 

Section 7 permit is not required? (c) 

Does a single home development on 

infill within a critical habitat area 

require an HCP? (d) Is there a 

mechanism for the Service to remove 

inappropriately designated properties? 

The comment noted that the position of 

Dublin on Figures 3 and 5 of the 

proposed rule should be north of 

Interstate Highway 580. 

Our Response: For information 

relating to questions (a) and (b) please 

see Effects of Critical Habitat 

Designation, below. A Federal nexus is 

required to implement the protections of 

critical habitat designation. In response 

to question (c), the Service notes that 

the commenter does not specify a 

particular location; therefore we can not 

provide a specific response to this 

question. In designating critical habitat, 

we avoided areas which included 

fragmented habitat. As a result there are 

no areas which would be considered as 

‘‘infill’’ as described by the commenter. 

Also, in designating the critical habitat 

for this species, we did not include 

small areas embedded within urban 

areas and to the best of our ability did 

not include developed areas within the 

designation. Any such developed areas 

remaining within the designation would 

not contain the PCEs and thus not be 

considered critical habitat. As for 

question (d), the primary mechanism for 

removal of areas that do not contain the 

PCEs is through the comment period 

that preceded publication of this final 

rule. The Service notes that the 

commenter did not specify any 

particular location. However, the 

Service has extensively reviewed all 

available information, published a 

proposed critical habitat, and modified 

the proposed designation in this final 

rule as appropriate in response to 

comments. Figures 3 and 5 of the 

proposed rule do not indicate the 

position of Dublin. 

If a Federal activity or other activity 

with a Federal nexus within designated 

critical habitat is contemplated, 

consultation would be required and 

Section 7 authorization obtained for any 

adverse modification of critical habitat. 

Habitat conditions at the site of the 

action would be considered during this 

consultation. For additional or more 

site-specific information, please contact 

the Service’s Sacramento Field Office 

(see ADDRESSES). 


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(25) Comment: One commenter 

suggested that the language describing 

activities that destroy or adversely 

modify critical habitat should be revised 

to include actions that degrade 

chaparral scrub or oak woodland, rather 

than actions that alter and degrade such 

habitat. 

Our Response: The language in the 

final rule has been modified in response 

to this comment to indicate that 

activities that destroy or adversely 

modify critical habitat are those that 

degrade such habitat (see Effects of 

Critical Habitat Designation, Adverse 

Modification Standard, below). 

Comments From Other Federal Agencies 

(26) Comment: Lawrence Livermore 

National Laboratory (LLNL) provided 

information showing that a portion of 

Department of Energy (DOE) lands 

designated as critical habitat within 

Unit 5A had been burned, and 

mentioned a number of ongoing 

activities it expects to continue that 

have already completed consultation 

with the Service. Finally, LLNL 

requested that language in the final rule 

be amended to mention the initiatives 

and efforts undertaken as conservation 

measures in its Site 300, which includes 

the designated critical habitat, to protect 

the Alameda whipsnake and associated 

coastal scrub habitat. 

Our Response: We verified with the 

LLNL that the comments with respect to 

fire and ongoing activities were 

provided to us as informational only, 

and that LLNL is not requesting that its 

lands be excluded from the designation. 

We acknowledge the conservation 

measures mentioned in the comment. In 

this final rule, we have decided not to 

exclude DOE lands, and have removed 

the language stating that the Service is 

unaware of specific management plans 

or conservation measures being 

undertaken for the Alameda whipsnake 

or its PCEs at LLNL. 

Comments From the State 

(27) Comment: The University of 

California Regents indicated that Table 

2 of the proposed rule should reflect 

ownership of 720 ac (291 ha) acres in 

Unit 6 and 15 ac (6 ha) in Unit 1 by the 

University of California Regents. 

Our Response: In the final rule, the 

unit descriptions and Table 2 were 

modified to show 720 ac (291 ha) and 

15 ac (6 ha) in Units 6 and 1, 

respectively, owned by the State of 

California, and deducted these areas 

from private ownership. 

(28) Comment: The University of 

California Regents suggested that the 

language in the proposed rule relating to 

special management considerations in 

Unit 6 is problematic for the University 

of California and local residents due to 

traffic flow and emergency access 

issues, and that any recommendation to 

reduce existing, or limit additional 

roads should be removed from the final 

designation. 

Our Response: Unit 6 is essential to 

the conservation of the subspecies not 

only as occupied habitat, but also as a 

connectivity corridor for Alameda 

whipsnake movement between Units 1 

and 2. The limited area and width of 

this unit render its functioning as a 

migration corridor particularly sensitive 

to the existing or additional roads. 

Accordingly, we believe that special 

management consideration may be 

needed to avoid adversely modifying 

this habitat. It is not our intent in this 

rule to determine what site-specific 

management measures would be needed 

within portions of Unit 6. Subsequent 

consultation would be needed to 

determine what, if any, specific 

management may be needed. 

(29) Comment: The University of 

California Regents requested that State 

lands managed by the University of 

California Fire Fuel Reduction Programs 

should be excluded from the critical 

habitat designation. They contend that 

measures described in the 2020 Long 

Range Development Plan (2020 LRDP) 

are equivalent to those in a habitat 

conservation plan, and are sufficiently 

protective of endangered species. The 

commenter detailed some of the 

mitigation measures and practices in the 

LRDP. The commenter also expressed 

concern about what consultation burden 

would be required under sections 9 and 

10 of the Act due to designation. 

Our Response: When we consider 

exclusions under section 4(b)(2) of the 

Act, we determine whether the benefits 

of exclusion outweigh the benefits of 

including the land in a designation. 

That determination may include an 

evaluation of any existing management 

plans. When evaluating the 2020 LRDP 

to determine its adequacy in protecting 

habitat, we initially considered whether 

the plan, as a whole, will provide a level 

of protection similar to that which 

designation of critical habitat would 

provide. Although much of the land is 

designated in the 2020 LRDP as an 

Ecological Study Area (ESA), the 

potential for development is not ruled 

out. For example, the 2020 LRDP (p. 

3.1–56) states that faculty housing or a 

campus retreat center are feasible 

campus uses of Chaparral Hill or 

Claremont Canyon. Even though the 

document states that other options 

should be fully explored, it clearly 

anticipates the potential for this type of 

urban development. We conclude that 

the subject area is occupied by Alameda 

whipsnake and contains all of the PCEs. 

However, the plan does not provide a 

reasonable expectation of protection of 

the Alameda whipsnake or its habitat 

into the foreseeable future, and therefore 

does not warrant exclusion under 

section 4(b)(2) of the Act. The subject 

area remains designated as critical 

habitat in the final rule. 

(30) Comment: The University of 

California Cooperative Extension 

discussed potential benefits of grazing 

to the Alameda whipsnake, and 

expressed a concern that the mention of 

it as a threat may lead to a general 

determination that grazing is 

incompatible. The commenter requested 

that evidence of incompatible grazing 

practices be specifically listed. The 

commenter states that the type of 

special management of grazing in the 

unit descriptions could be interpreted as 

meaning grazing should be required, 

given the benefits listed by the 

commenter. 

In relation to special management 

considerations or protections, the 

University of California Cooperative 

Extension suggested that grazing be 

used instead of prescribed fire because 

the fuel load is undesirable for 

prescribed fires and may result in a 

wildfire. 

Our Response: The Service discussed 

the threat of incompatible grazing 

practices in more detail in our 1997 

final listing rule (65 FR 64306, p 64314). 

Review of that discussion and McGinnis 

(1992, p. 21) indicates that overgrazing, 

or clearing of shrub associated with 

preparation of lands for grazing, may 

threaten the Alameda whipsnake. 

Alameda whipsnakes may avoid open 

areas created by overgrazing, or may be 

more susceptible to predators if they use 

these areas. Scrub vegetation (PCE 1) 

may be lost through either overgrazing 

or associated range management in 

which scrub is burned or bulldozed to 

maximize grassland. We do not agree 

that mere mention in the unit 

descriptions of grazing as a special 

management consideration means that it 

is required. We have added a brief 

summary of threats and special 

management as applied to grazing to the 

final rule. 

The proposed rule does not preclude 

the use of grazing as a management 

practice for the reasons stated by the 

commenter. Indigenous chaparral scrub 

species that constitute PCE 1, including 

the federally listed pallid manzanita 

(Arctostaphylos pallida), require fire to 

create proper site conditions and for 

seed germination. Thus, the use of 

prescribed burning may be appropriate 

in some situations and the discussion of 


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its potential use has been retained in the 

final rule. 

Comments Relating to the Draft 

Economic Analysis 

(31) Comment: One comment noted 

that the Faria Ranch project spans two 

Census Tracts (345201 and 345202) and 

that by estimating impacts on a census 

tract basis, the total impacts of critical 

habitat on the project are diluted. The 

comment also suggests that the 

projected number of housing units 

reported in the Draft Economic Analysis 

(DEA) under-predicts development in 

Census Tract 345201. 

Our Response: Census Tracts are a 

standard unit of analysis used in 

economic and policy studies. 

Nonetheless, cases may arise where 

Census Tract boundaries will not 

conform to actual development projects. 

In these cases, we have, in previous 

analyses, aggregated Census Tracts to fit 

planned developments. In the final 

economic analysis (FEA), Census Tracts 

345201 and 345202 are aggregated to 

account for the fact that the Faria Project 

spans these two tracts, (see Exhibits IV–

I through IV–4 and Figure 2 of the FEA). 

Merging the development projections 

for these two tracts addresses the 

concern that impacts are 

underestimated in Census Tract 345201. 

(32) Comment: One comment states 

that the actual reduction in 

development resulting from designation 

of critical habitat in the Faria Project 

(located in Census Tracts 345201 and 

345202) could be greater than the 5.4 

percent reduction assumed in the DEA. 

The comment states that the DEA 

should consider a development scenario 

where up to 15 percent of proposed 

housing units are lost. 

Our Response: The assumption, 

referred to in this comment, of a 5.4 

percent reduction in housing units for 

projects developed in proposed critical 

habitat is applied in the first 

development scenario (i.e., the rationing 

scenario) analyzed in Section IV, pages 

27 to 30. We derived this assumption 

from the best available information of 

the likely avoidance and mitigation 

requirements for the whipsnake by 

reviewing historical section 7 

consultations and resulting biological 

opinions for similar development 

projects. If the Service requests more 

stringent habitat avoidance, resulting in 

a greater loss of units than the average 

demonstrated in the documented 

consultation history for projects of this 

type, the impacts of critical habitat 

designation will be higher than 

estimated in the FEA. 

(33) Comment: One comment states 

that the DEA should evaluate a scenario 

for the Faria Project (located in Census 

Tracts 345201 and 345202) where the 

critical habitat designation adds to 

current regulatory, political, and 

economic conditions and results in the 

cancellation of the project in its entirety. 

The Faria Project is a mixed-unit 

housing development that includes 

high-value homes and affordable 

housing units. As a result, the highvalue single homes are being used to 

subsidize the majority of the public 

infrastructure costs. The comment states 

that reducing the unit count would 

likely remove a disproportionately 

greater number of the higher-value 

single-family units, which could result 

in the project becoming economically 

infeasible. 

Our Response: With respect to project 

cancellation, we note that the 

conservation requirements reflected in 

the biological opinions would not, as a 

general rule, result in projects becoming 

unprofitable. Section IV, pages 27 to 28, 

and Appendices A and B of the FEA 

describe the underlying conditions in 

the Bay Area housing markets and note 

that because the supply of new housing 

is so constrained, there is significant 

producer surplus accruing to projects 

that are ultimately completed. In such 

an environment, burdensome 

conservation requirements can reduce 

producer surplus without causing the 

project to become unprofitable. Indeed, 

this is one reason for the relatively high 

price of mitigation lands in California. 

(34) Comment: The comment states 

that compensation for lost units at the 

Faria Project will likely require 

development outside the City’s ‘‘Urban 

Growth Boundary’’ (UGB). The UGB is 

the result of an initiative passed by the 

voters to protect open space and 

prohibits residential development 

beyond the City’s UGB for at least 20 

years. Consequently, the DEA fails to 

include the costs of relaxing these UGB 

restrictions or delaying housing 

development for 20 years. 

Our Response: For the reasons 

described above, expansion beyond the 

UGB is likely to be difficult. In the DEA, 

we assume that relaxing the UGB is 

unlikely, and therefore we do not 

estimate costs associated with such 

action. The costs to society of staying 

within the UGB are estimated in the first 

development scenario (i.e., the rationing 

scenario). These costs are greater than a 

scenario where units are delayed by 20 

years rather than lost entirely. 

(35) Comment: One comment states 

that the densification scenario is not 

likely at the Faria Project (located in 

Census Tracts 345201 and 345202), 

because the project is already at the 

maximum densities allowed under 

existing land use plans and regulations. 

Our Response: The scenario referred 

to in this comment is described in 

Section IV, pages 27 to 30. This scenario 

assumes that efforts to protect the 

Alameda whipsnake and its habitat are 

accommodated entirely by building 

housing units at higher density levels 

than allowed by current zoning 

regulations (i.e., no housing units are 

lost). To develop this scenario, we first 

used empirical data to test for 

conditions that might lead to re-zoning. 

As described on page 28, the FEA 

examined data on newly constructed 

homes in three of the five study regions 

to determine whether the market for 

new housing is constrained primarily by 

the availability of land or by prior landuse regulations. The results of this 

analysis, described in detail in 

Appendix A, strongly indicates that the 

number of new homes in the regions of 

California containing Alameda 

whipsnake critical habitat is constrained 

by prior regulation. The implication of 

these results is that the final impact of 

critical habitat depends on how local 

governments respond to the designation, 

which can vary from city to city. In 

order to capture the dynamic response 

of various cities, the EA utilizes two 

scenarios: One in which the local 

government changes local land 

regulations due to critical habitat and 

one scenario where local government 

does not change local land regulations. 

Thus, for projects located in cities 

where the local government does not 

change land regulations (e.g., the Faria 

Project described in the comment), the 

more likely scenario is a reduction in 

housing units developed due to critical 

habitat (i.e., the first scenario, or the 

rationing scenario). 

(36) Comment: One comment states 

that the densification scenario does not 

address the issue of added project costs 

when a lesser portion of the project site 

is used. Specifically, densification of the 

Faria Project would increase site 

improvement costs by up to $40,000,000 

for materials hauling and other 

expenses. 

Our Response: The DEA does estimate 

costs associated with the densification 

scenario. The cost estimates were based 

on the information received and 

gathered prior to and after the opening 

of the public comment period. We agree 

that additional costs may be incurred; 

however, based on our analysis of the 

economic information we do not believe 

that there are any disproportionate 

economic impacts that warrant 

exclusion pursuant to section 4(b)(2) of 

the Act at this time. 


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(37) Comment: One comment stated 

that the EA fails to account for 

significant public benefits that would 

result from completion of the Faria 

Ranch project, including protection of 

public open space, educational 

facilities, and a trail system. 

Our Response: The economic analysis 

estimates the impacts of whipsnake 

conservation efforts relative to the state 

of the world absent those efforts. Absent 

conservation efforts, the Faria Project 

provides the public benefits described 

in the comment. Under the assumptions 

in the economic analysis, the 

development continues, with a 

reduction in the number of housing 

units. As a result, the public benefits 

described in the comment are also 

provided if Alameda whipsnake 

conservation efforts are undertaken. 

Therefore, the benefits of development 

referred to in the comment, while real, 

are the net of the economic welfare 

calculation measured in the economic 

analysis. 

(38) Comment: A public comment 

noted the Faria Project site is already 

subject to a number of additional open 

space requirements, such as the 

protection of sensitive ridgelines, the 

presence of site stability problems on 

certain portions of the site, the need to 

site water tanks at higher elevations, 

and the requirement to achieve a 

balanced grading plan. These 

requirements have already been 

incorporated into the Faria Project 

design and adding critical habitat 

avoidance requirements will further 

constrain the project’s ability to adhere 

to these requirements in a cost-effective 

manner. For example, the comment 

estimates that if whipsnake 

conservation leads to an unbalanced 

grading plan, additional costs of offhauling or importing soil would be in 

excess of $30 million. 

Our Response: The measures 

identified by the commenter are not a 

result of conservation measures being 

implemented for the Alameda 

whipsnake and were not cost associated 

with the designation. The economic 

analysis only identified potential costs 

associated with critical habitat. The 

costs identified by the commenter are 

part of the cost of doing business for the 

development industry. 

(39) Comment: One comment stated 

that the EA fails to account for the 

potential ‘‘signaling’’ effects of critical 

habitat designation on other regulatory 

processes, such as those undertaken 

under the California Environmental 

Quality Act (CEQA). Any indication that 

federally-protected amenities are 

present on a property may raise a flag 

about negative environmental impacts 

and lead a local agency to take a more 

conservative perspective on the 

development project. 

Our Response: Because of the fully coextensive approach taken, the FEA 

assumes that all future development in 

critical habitat will require mitigation, 

regardless of whether a Federal nexus or 

some other mechanism (e.g., a signal to 

local officials that the land has 

ecological value with protection 

implemented through CEQA) requires 

the action. As a result, the impact 

estimates summarized in Table I–1 of 

the FEA incorporate signaling effects. 

(40) Comment: The DEA considers the 

economic effects of regulatory delay, but 

one comment states that the assumed 6 

month regulatory delay resulting from 

whipsnake conservation requirements is 

an underestimate. 

Our Response: The FEA discusses its 

calculation of delay costs in Section IV, 

page 31. We assume a delay period of 

6 months based on average permitting 

times revealed by the relevant biological 

opinions. Actual delay costs to 

development activities may be higher or 

lower if actual delay periods are longer 

or shorter than 6 months. 

(41) Comment: One comment noted 

that the DEA fails to account adequately 

for the effects of the Gifford Pinchot 

decision. 

Our Response: Avoidance and 

mitigation requirements and mitigations 

costs used in the DEA were based on 

interviews with those familiar with the 

permitting process, as well as a 

comprehensive examination of the 

Service’s consultation history. The DEA 

also assumes that avoidance and 

mitigation take place within the 

boundaries of proposed critical habitat. 

The Ninth Circuit has recently ruled 

(Gifford Pinchot, 378 F.3d at 1071) that 

the Service’s regulations defining 

‘‘adverse modification’’ of critical 

habitat are invalid. As a result, there is 

some uncertainty involved in 

considering the costs due to the fact that 

the consequences of designation are 

more difficult to predict as the Service 

cannot rely on decades of factual 

information based on prior experience. 

(42) Comment: One comment stated 

that the DEA underestimates mitigation 

costs (i.e., the purchase of credits from 

a mitigation bank) and suggests that 

these can run to $300,000 per mitigation 

acre. 

Our Response: As noted in several 

places in Section IV of the analysis, the 

cost assumptions underlying the 

analysis are based on information 

provided by individuals involved in 

securing mitigation and are 

representative of current market 

conditions. The FEA uses market data 

collected from several private 

conservation banks in the Bay Area and 

central California regions to determine 

off-site mitigation prices by county (see 

Section IV, page 29). The FEA further 

recognizes that increased prices for 

mitigation lands will increase the 

economic impacts associated with 

critical habitat designation (see Section 

IV, page 29). 

(43) Comment: With reference to the 

small business analysis in the DEA, one 

comment noted that Claremont Homes 

is a small business. Another comment 

stated that the DEA should consider 

effects on subcontractors, who are more 

likely than developers to be small 

businesses, impacted by a reduction in 

the number of housing units 

constructed. 

Our Response: Because the economic 

analysis is probabilistic in nature, we 

are unable to identify the specific 

developers undertaking projects in 

proposed critical habitat in the next 20 

years. However, the FEA estimates that 

three small developers are likely to be 

affected by whipsnake conservation 

efforts in proposed critical habitat in 

Contra Costa County (see Table VII–3 of 

the FEA). Assuming that Claremont 

Homes is defined as a ‘‘developer’’ and 

qualifies as a small business under 13 

CFR 121.201, this organization likely 

accounts for one of the small firms 

identified in this table. We agree that 

some subcontractors to developers may 

meet the definition of a small business 

under the Regulatory Flexibility Act and 

may be affected by the impacts to 

development activities from critical 

habitat designation. However, these 

subcontractors are indirectly affected by 

whipsnake conservation efforts that 

directly affect the project proponent 

(i.e., the developer) and, therefore, are 

beyond the scope of a Regulatory 

Flexibility Act analysis. 

(44) Comment: One comment stated 

that under the scenario where housing 

units are lost in the Faria Project, the 

City of San Ramon will lose annual 

general revenue funds of approximately 

$121,000. This sum represents annual 

property taxes, sales and use taxes, 

transfer taxes, franchise fees, and 

vehicle license fees net of costs related 

to providing police services, public 

works and parks, and community 

service expenditures. 

Our Response: We agree that a net 

loss of $121,000 to the City of San 

Ramon is possible. This loss represents 

a distributional impact affecting this 

specific area, as opposed to a social 

welfare effect; however, based on our 

analysis of the economic information we 

do not believe that there are any 

disproportionate economic impacts that 


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warrant exclusion pursuant to section 

4(b)(2) of the Act at this time. 

(45) Comment: One comment noted 

that the benefits of critical habitat 

designation are not quantified. 

Our Response: Section 4(b)(2) of the 

Act requires the Secretary to designate 

critical habitat based on the best 

scientific data available after taking into 

consideration the economic impact, 

impact on national security, and any 

other relevant impact, of specifying any 

particular area as critical habitat. The 

Service’s approach for estimating 

economic impacts includes both 

economic efficiency and distributional 

effects. The measurement of economic 

efficiency is based on the concept of 

opportunity costs, which reflect the 

value of goods and services foregone in 

order to comply with the effects of the 

designation (e.g., lost economic 

opportunity associated with restrictions 

on land use). Where data are available, 

the economic analyses do attempt to 

measure the net economic impact. 

However, no data was found that would 

allow for the measurement of such an 

impact, nor was such information 

submitted during the public comment 

period. 

While the Secretary must consider 

economic and other relevant impacts as 

part of the final decision-making 

process under section 4(b)(2) of the Act, 

the Act explicitly states that it is the 

government’s policy to conserve all 

threatened and endangered species and 

the ecosystems upon which they 

depend. Thus, we believe that explicit 

consideration of broader social values 

for the subspecies and its habitat, 

beyond the more traditionally defined 

economic impacts, is not necessary as 

Congress has already clarified the social 

importance. 

We note, as a practical matter, it is 

difficult to develop credible estimates of 

such values, as they are not readily 

observed through typical market 

transactions and can only be inferred 

through advanced, tailor-made studies 

that are time consuming and expensive 

to conduct. We currently lack both the 

budget and time needed to conduct such 

research before meeting our courtordered final rule deadline. In summary, 

we believe that society places 

significant value on conserving any and 

all threatened and endangered species 

and the habitats upon which they 

depend and thus needs only to consider 

whether the economic impacts (both 

positive and negative) are significant 

enough to merit exclusion of any 

particular area without causing the 

species to go extinct. 

(46) Comment: One comment asserted 

that delay costs need to include relevant 

returns to alternative investments. 

Our Response: The delay costs 

calculated in the report result from 

capital being committed to fixed assets 

for a longer period than would be the 

case absent the whipsnake conservation 

requirements. For example, if capital is 

committed to maintaining a position in 

an option to purchase land, then this is 

a loss to the developer. In such a 

situation, there is no direct return on the 

option payment, and delay costs are 

measured accurately by the method of 

the FEA. 

(47) Comment: One comment stated 

that the DEA relies too heavily on the 

Association of Bay Area Government 

(ABAG) projections that do not always 

take into account local development 

policies and regulations. For example, 

portions of Census Tract 450601 in Unit 

3 are subject to Measure F, passed by 

the City of Pleasanton in 1993, which 

restricts density to 1 unit per 100 ac (40 

ha). The comment states that because 

development is carried out subject to 

General Plan policies and other local 

regulations, the resulting development 

projections for this Census Tract are 

overstated. 

Our Response: The projections 

produced by ABAG represent the best 

publicly-available data for this analysis. 

The entire area in question in Unit 3 is 

not subject to Measure F. In addition, 

this type of restriction is regularly 

modified through public process. 

However, if these data overstate 

development projections in the 

referenced Census Tract, then the 

impacts estimated in the FEA for this 

tract are overstated. 

(48) Comment: One comment states 

that if the Faria Preserve is not 

developed, the Faria Ranch will 

continue to be grazed. As a result, the 

DEA should consider the environmental 

or social impact of alternative scenarios 

of leaving the Faria Project (within 

Census Tracts 345201 and 345202) in 

grazing uses. 

Our Response: For the reasons 

discussed previously, the analysis 

assumes that the Faria project will go 

forward, either in its current form if no 

Alameda whipsnake conservation 

efforts are undertaken, or with some 

reduction in housing units if whipsnake 

concerns are addressed. Therefore, the 

economic impact of abandoning the 

development and maintaining current 

grazing practices is not relevant to the 

decision at hand. 

(49) Comment: One comment states 

that the DEA should factor in the costs 

of the critical habitat designation to the 

City of San Ramon associated with 

public amenities, such as affordable 

housing, senior housing, and 

inefficiencies resulting from the 

repeating local regulatory processes that 

have been previously approved by 

voters. 

Our Response: We agree that impacts 

to the City associated with various 

public amenities, including affordable 

housing and repeating local regulatory 

processes, are a possibility. However, no 

additional information has become 

available since the publication of the 

DEA that would allow us to quantify or 

monetize marginal effects of fewer 

affordable housing units or senior 

housing units resulting from Alameda 

whipsnake conservation efforts. In 

addition, no data exist to value 

inefficiencies created by additional 

regulatory process related to the 

whipsnake. 

(50) Comment: One comment states 

that the economic analysis should 

consider the opportunity costs to the 

developer of undertaking the Faria 

Project. The developer estimates that the 

cost of foregone opportunity if the 

project does not go forward because of 

Alameda whipsnake conservation costs 

is approximately equal to the value of 

the project ($619,850,000). 

Our Response: As discussed above, 

the most likely scenario is that the 

project will move forward with a 

reduction in the number of housing 

units. We recognize the significant 

investment made by the developer of 

this project; however, based on our 

analysis of the economic information we 

do not believe that there are any 

disproportionate economic impacts that 

warrant exclusion pursuant to section 

4(b)(2) of the Act at this time. 

Summary of Changes From Proposed 

Rule 

In preparing the final critical habitat 

designation for the Alameda whipsnake, 

we reviewed and considered comments 

from the public on the proposed 

designation published on October 18, 

2005 (70 FR 60607). We published a 

notice in the Federal Register on May 

4, 2006 (71 FR 26311) announcing the 

availability of and soliciting comments 

on the DEA and the proposed rule. As 

a result of peer review and public 

comments received on the proposal and 

the DEA, we made changes to our 

proposed designation, as follows: 

(1) We removed from the designation 

several isolated or small fragments of 

eucalyptus vegetation in Unit 6 that we 

determined did not sufficiently meet 

our criteria for designation and were not 

essential to the conservation of the 

Alameda whipsnake. We also removed 

350 ac (142 ha) from Unit 6, which we 


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determined did not sufficiently meet 

our criteria for designation, and which 

had been addressed in a consultation 

under section 7 of the Act. 

(2) We adjusted the boundaries of 

Units 2 and 6 to remove several areas 

dominated by eucalyptus trees that we 

do not consider to provide essential 

habitat and features for the subspecies, 

and to remove one area that was 

included in the proposed rule due to 

mapping error. 

(3) Collectively, we excluded a total of 

approximately 46,998 ac (19,020 ha) of 

land from the proposed designation 

during the development of this final 

critical habitat designation (Table 1). 

For a detailed discussion of all 

exclusions and exemptions, please refer 

to Application of Section 4(a)(3) and 

Exclusions Under Section 4(b)(2) of the 

Act below. 

Critical Habitat 

Critical habitat is defined in section 3 

of the Act as—(i) the specific areas 

within the geographical area occupied 

by a species, at the time it is listed in 

accordance with the Act, on which are 

found those physical or biological 

features (I) essential to the conservation 

of the species and (II) that may require 

special management considerations or 

protection; and (ii) specific areas 

outside the geographical area occupied 

by a species at the time it is listed, upon 

a determination that such areas are 

essential for the conservation of the 

species. ‘‘Conservation,’’ as defined 

under section 3 of the Act, means to use 

and the use of all methods and 

procedures that are necessary to bring 

any endangered species or threatened 

species to the point at which the 

measures provided pursuant to the Act 

are no longer necessary. Such methods 

and procedures include, but are not 

limited to, all activities associated with 

scientific resources management, such 

as research, census, law enforcement, 

habitat acquisition and maintenance, 

propagation, live trapping, and 

transplantation, and, in the 

extraordinary case where population 

pressures within a given ecosystem 

cannot be otherwise relieved, may 

include regulated taking. 

Critical habitat receives protection 

under section 7 of the Act through the 

prohibition against destruction or 

adverse modification of critical habitat 

with regard to actions carried out, 

funded, or authorized by a Federal 

agency. Section 7 requires consultation 

on Federal actions that are likely to 

result in the destruction or adverse 

modification of critical habitat. The 

designation of critical habitat does not 

affect land ownership or establish a 

refuge, wilderness, reserve, preserve, or 

other conservation area. Such 

designation does not allow government 

or public access to private lands. 

Section 7 is a purely protective measure 

and does not require implementation of 

restoration, recovery, or enhancement 

measures. 

To be included in a critical habitat 

designation, the habitat within the area 

occupied by the species at the time of 

listing must first have features that are 

‘‘essential to the conservation of the 

species.’’ Critical habitat designations 

identify, to the extent known and using 

the best scientific data available, habitat 

areas that provide essential life cycle 

needs of the species (i.e., areas on which 

are found the primary constituent 

elements (PCEs), as defined at 50 CFR 

424.12(b)). 

Habitat occupied at the time of listing 

may be included in critical habitat only 

if the essential features thereon may 

require special management or 

protection. Thus, we do not include 

areas where existing management is 

sufficient to conserve the species. (As 

discussed below, such areas may also be 

excluded from critical habitat pursuant 

to section 4(b)(2) of the Act.) 

Accordingly, when the best available 

scientific data do not demonstrate that 

the conservation needs of the species so 

require, we will not designate critical 

habitat in areas outside the geographical 

area occupied by the species at the time 

of listing. An area currently occupied by 

the species but not known to have been 

occupied at the time of listing will 

likely be essential to the conservation of 

the species and, therefore, included in 

the critical habitat designation. 

The Service’s Policy on Information 

Standards Under the Act, published in 

the Federal Register on July 1, 1994 (59 

FR 34271), and Section 515 of the 

Treasury and General Government 

Appropriations Act for Fiscal Year 2001 

(Pub. L. 106–554; H.R. 5658) and the 

associated Information Quality 

Guidelines issued by the Service, 

provide criteria, establish procedures, 

and provide guidance to ensure that 

decisions made by the Service represent 

the best scientific data available. They 

require Service biologists, to the extent 

consistent with the Act and with the use 

of the best scientific data available, to 

use primary and original sources of 

information as the basis for 

recommendations to designate critical 

habitat. When determining which areas 

are critical habitat, a primary source of 

information is generally the listing 

package for the species. Additional 

information sources include the 

recovery plan for the species, articles in 

peer-reviewed journals, conservation 

plans developed by States and counties, 

scientific status surveys and studies, 

biological assessments, or other 

unpublished materials and expert 

opinion or personal knowledge. All 

information is used in accordance with 

the provisions of associated Information 

Quality Guidelines issued by the 

Service. 

Section 4 of the Act requires that we 

designate critical habitat on the basis of 

the best scientific data available. Habitat 

is often dynamic and may change over 

time due to vegetational succession, 

climate, or catastrophic events (e.g., fire, 

landslides). As a result of habitat 

change, a species may move from one 

area to another over time. Furthermore, 

we recognize that designation of critical 

habitat may not include all of the 

habitat areas that may eventually be 

determined to be necessary for the 

recovery of the species. For these 

reasons, critical habitat designations do 

not signal that habitat outside the 

designation is unimportant or may not 

be required for recovery. 

Areas that support populations, but 

are outside the critical habitat 

designation, will continue to be subject 

to conservation actions implemented 

under section 7(a)(1) of the Act and to 

the regulatory protections afforded by 

the section 7(a)(2) jeopardy standard, as 

determined on the basis of the best 

available information at the time of the 

action. Federally funded or permitted 

projects affecting listed species outside 

their designated critical habitat areas 

may still result in jeopardy findings in 

some cases. Similarly, critical habitat 

designations made on the basis of the 

best available information at the time of 

designation will not control the 

direction and substance of future 

recovery plans, habitat conservation 

plans, or other species conservation 

planning efforts if new information 

available to these planning efforts calls 

for a different outcome. 

Primary Constituent Elements 

In accordance with section 3(5)(A)(i) 

of the Act and regulations at 50 CFR 

424.12, in determining which areas to 

propose as critical habitat, we are 

required to base critical habitat 

determinations on the best scientific 

data available and to consider those 

physical and biological features (PCEs) 

that are essential to the conservation of 

the species, and that may require special 

management considerations and 

protection. These include, but are not 

limited to: Space for individual and 

population growth and for normal 

behavior; food, water, air, light, 

minerals, or other nutritional or 

physiological requirements; cover or 


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shelter; sites for breeding, reproduction, 

and rearing (or development) of 

offspring; and habitats that are protected 

from disturbance or are representative of 

the historic geographical and ecological 

distributions of a species. 

The specific primary constituent 

elements required for the Alameda 

whipsnake are derived from the 

biological and ecological needs of the 

Alameda whipsnake as described in the 

Background section of this final rule 

and in previous listing and critical 

habitat rules for the subspecies. The 

primary constituent elements are based 

on the essential life history functions 

described below. 

Space for Individual Population Growth 

and Normal Behavior 

The Alameda whipsnake is most 

frequently recorded in close association 

with chaparral or scrub patches. These 

patches serve as the center of home 

ranges, and provide for concealment 

from predators and prey-viewing 

opportunities while foraging. 

Whipsnakes venture into adjacent 

grasslands or wooded habitats that 

exhibit, at a minimum, a partially open 

canopy. The open canopy character is 

believed to allow development of the 

primary lizard prey base used by the 

snake, and efficient thermoregulation 

and foraging activities. The Alameda 

whipsnake hunts by sight, holding its 

head off the ground to peer over grass 

or rocks for potential prey capture 

opportunities. Its specialization on 

lizard prey and mode of foraging require 

areas that both support abundant prey 

populations and provide prey-viewing 

and capture opportunities. Essential 

features of Alameda whipsnake habitat 

must therefore include consideration of 

the habitat needs of the prey species and 

for hunting and capture of prey. The 

Alameda whipsnake’s prey base and 

capture opportunities are provided for 

by a ‘‘scrub community.’’ The particular 

arrangement of the landscape mosaic 

that is essential for the conservation of 

the Alameda whipsnake commonly 

consists of scrub patches within an open 

canopy of interspersed grasslands and 

rock lands (areas containing large 

percentage of rocks, rocky features, and/ 

or rock-bearing soil types), but may 

include closed or nearly closed scrub 

areas, including rock lands, and a much 

lower complement of grasses. Typical 

scrub communities within the range of 

the Alameda whipsnake include diablan 

sage scrub, coyote brush scrub, and 

chamise chaparral (Swaim 1994, pp. 

101, 123, 129), also classified as coastal 

scrub, mixed chaparral, and chamisechaparral (Mayer and Laudenslayer 

1998, pp. 104, 106, 108), and chamise, 

chamise-eastwood manzanita, chaparral 

whitethorn, and interior live oak shrub 

vegetation series as identified in the 

Manual of California Vegetation (Sawyer 

and Keeler-Wolf 1995), A Guide to 

Wildlife Habitats of California (Mayer 

and Laudenslayer 1988, pp. 28, 34), and 

California Wildlife Habitat Relationship 

System (CDFG 1998). These vegetation 

series are characterized as being less 

than 20 ft (6 m) in height with sparse 

ground cover (the interior live oak shrub 

vegetation series having variable ground 

cover), and form a nearly continuous 

cover of closely spaced shrubs often 

with intertwining branches. Sufficient 

light penetrates through the canopy to 

support an herbaceous understory. The 

soils are usually nutrient poor and 

rocky, and stands are best developed on 

steep slopes. Because of complex 

patterns of topographic, edaphic (soil), 

and climatic variations, these vegetation 

series form a mosaic pattern with 

inclusions of other vegetation series 

(blue oak, coast live oak, California bay, 

California buckeye, California annual 

grassland) or open spaces. The 

percentage cover for these vegetation 

series is variable depending on species 

composition and aspect. Vegetation-free 

zones about 3 ft (1 m) wide may be 

interspersed within these vegetation 

series, and extend around and out into 

adjacent vegetation series. These 

vegetation series occur on all slope 

aspects with patch sizes varying from 

square feet (meters) to square miles 

(kilometers) in size. The plant species 

associated with these vegetation series 

include, but are not limited to: Chamise 

(Adenostoma sp.), manzanita 

(Arctostaphylos sp.), Ceanothus sp., 

buckwheat (Eriogonum sp.), bush 

monkey flower (Diplacus sp.), toyon 

(Heteromeles arbutifolia), scrub oak 

(Quercus sp.), interior live oak (Q. 

wislizenii), canyon live oak (Q. 

chrysolepis), California coffeeberry 

(Rhamnus sp.), California buckeye 

(Aesculus californica), poison oak 

(Toxicodendron diversilobum), yerba 

santa (Eriodictyon californicum), and 

mountain mahogany (Cercocarpus sp.). 

Swaim (1994, p. 111) found that core 

areas (areas of concentrated use by 

Alameda whipsnakes, based on 

telemetry and trapping data) were 

predominantly located on east, 

southeast, south, or southwest facing 

slopes and were characterized by open 

or partially-open canopy or grassland 

within 500 ft (150 m) of scrub 

vegetation. More recent analysis 

indicates that other slope aspects are 

also used to a lesser, albeit significant, 

extent (see responses to Comments #6 

and #21). In early studies, Alameda 

whipsnakes were captured primarily 

where the canopy cover was open (less 

than 75 percent cover) or partially open 

(75 to 90 percent cover). However, more 

recent trapping efforts have collected 

Alameda whipsnakes in scrub ranging 

from nearly complete or completely 

closed canopies, to very open canopies 

with a few patches of high-quality scrub 

present (Swaim 2005b, p. 1). These core 

areas provide sun-shade mosaics that 

offer an opportunity for the snake to 

achieve temperatures necessary for 

foraging, while providing retreat from 

predators (Swaim 1994, p. 101). The 

open scrub habitat supports prey 

viewing opportunities, aiding foraging 

opportunities for this diurnal sighthunting snake (Swaim 1994, p. 102). As 

previously mentioned, capture of spent 

females (i.e., snakes which have 

recently laid eggs) within scrub 

communities (Swaim 2002a, p. 1) 

indicates scrub areas are in very close 

association with egg-laying sites, 

probably located in nearby grassland 

(Swaim 1994, p. 104–105). Because they 

provide the primary foraging, breeding, 

and shelter areas for Alameda 

whipsnake, scrub communities are 

considered a feature essential to the 

conservation of this subspecies. 

Although much of Alameda 

whipsnake activity occurs in scrub 

communities, other types of vegetation 

are also used for foraging and are 

necessary for normal behavior, breeding, 

reproduction, population interaction, 

and dispersal. Core areas used by the 

snake can be sustained by very small 

patches of scrub embedded within a 

larger mosaic of other dominant 

vegetation types (Swaim 2005b, p. 1). 

Our review of available vegetation data 

and aerial imagery indicates that much 

of the distribution of Alameda 

whipsnake does not consist of large 

unbroken tracts of scrub community. 

The vegetation types adjacent to the 

scrub habitat that the Alameda 

whipsnake needs for foraging, dispersal, 

and population interactions includes 

annual grassland, blue oak-foothill pine, 

blue oak woodland, coastal oak 

woodland, valley oak woodland, 

eucalyptus, redwood, and riparian 

communities (e.g., stream corridors). 

McGinnis (1992, p. 11) has documented 

Alameda whipsnakes using oak 

woodland/grassland habitat as a 

corridor between stands of northern 

coastal scrub. Alvarez (2005, pp. 23–24) 

found that 37 of 129 observations of 

whipsnakes were in a variety of habitats 

other than scrub, including annual 

grassland, oak woodland, riparian, and 

mixed evergreen forest. 

Grassland habitats are used 

extensively by both sexes of Alameda 


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whipsnake during the breeding season. 

Males use these areas most extensively 

during the spring mating season, 

possibly in search and selection of 

mates (Swaim 1994, p. 93). Female use 

occurs after mating, possibly looking for 

egg-laying sites or for dispersal to scrub 

habitat (Swaim 1994, p. 95; Swaim 

2002a, p. 1). Specifically, concentrated 

activity of gravid females, and hence the 

suspected location of egg-laying sites, 

was in grassland areas with scattered 

shrubs within 10 to 20 ft (3 to 6 m) of 

true scrub habitat (Swaim 1994, pp. 

104–105). Therefore, woodland and 

annual grassland plant communities 

that are contiguous with scrub 

communities are also essential to the 

conservation of the Alameda 

whipsnake. 

Food 

The specific feeding and foraging 

habits of the Alameda whipsnake are 

relatively well known (Stebbins 1985, p. 

182; Swaim 1994, p. 2). Alameda 

whipsnake prey extensively on western 

fence lizards, but also have been known 

to prey on western skinks (Eumeces 

skiltonianus) as well as frogs, birds, and 

other snakes (Stebbins 1985, p. 182; 

Swaim 1994, p. 82). 

Shelter 

Embedded within these scrub 

communities and adjacent habitats are 

areas consisting of rocky habitat (either 

rock outcrops or rock debris piles 

(talus)) and small rodent burrows; 

however, brush piles and deep soil 

crevices are also used by the snake 

(Swaim 1994, p. 104). These areas are 

essential for normal behavior, breeding, 

reproduction, dispersal, and foraging 

because they provide shelter from 

predators, egg-laying sites, over-night 

retreats, and winter hibernacula (Swaim 

1994, p. 103), and are associated with 

areas that have increased numbers of 

foraging opportunities (Swaim 1994, p. 

103). Swaim (1994, p. 81) found rock 

outcrops were typically abundant in 

core areas and observed Alameda 

whipsnakes mating in these outcrops. 

During the mating season, females 

remain near the retreat sites while males 

disperse throughout their home ranges 

(Swaim 1994, p. 94). Hammerson (1979, 

p. 269) observed the chaparral 

whipsnake, the close relative of 

Alameda whipsnake, emerging from 

burrows in the morning, basking in the 

sun, and retreating into burrows when 

the soil surface temperatures began to 

fall. Alameda whipsnakes retreat into 

winter hibernacula (e.g., rodent 

burrows, crevices between rocks) 

around November and emerge in March 

(Swaim, p. 28). Trapping of gravid 

females close to scrub communities in 

grassland with scattered shrubs (Swaim 

1994, pp. 71–72), and finding of spent 

females in true scrub communities 

(Swaim 2002a, p. 1) suggest that rock 

outcrops, talus, and burrows (mating 

habitats) need to be relatively close to 

scrub and nearby grassland habitat 

(suspected egg-laying habitats). 

Dispersal Habitat 

Dispersal habitats are essential for the 

conservation of Alameda whipsnake. 

Protecting the ability of Alameda 

whipsnake to move freely across the 

landscape in search of habitats is 

essential for: (1) Sustaining populations 

by providing opportunity for movement 

and establishment of home ranges by 

juvenile recruits, (2) maintaining gene 

flow by the movement of both juveniles 

and adults between subpopulations, and 

(3) allowing recolonization of habitat 

after fires or other natural events that 

have resulted in local extirpations. The 

available information on movements of 

other snakes of the family Colubridae is 

limited to a small minority of species, 

but indicates a general potential for 

significant mobility. Based on extensive 

radio-tracking data, Blouin-Demers and 

Weatherhead (2002, p. 1170) found that 

male and female ratsnakes (Elaphe 

obsolete) (a species similar in size and 

characteristics to the Alameda 

whipsnake within the same taxonomic 

family) travel up to 5 mi (8 km) from 

hibernacula to mate. Loughheed et al. 

(1999, pp. 1998–1999) found evidence 

of substantial genetic exchange among 

ratsnakes from local hibernacula less 

than 3.75 mi (6 km) apart, although gene 

flow over distances of 9.38 mi (15 km) 

and greater appears to be substantially 

less. Therefore, it is likely that mediumsized species of this family, such as the 

Alameda whipsnake, regularly move 

between areas up to a few miles 

(kilometers) apart. This is consistent 

with the distribution of vegetation types 

in portions of the Alameda whipsnake 

range, where the vegetation often has a 

more dense closed canopy on the 

northeast-facing slopes, and less dense 

open canopy on southwest-facing 

slopes. Recent trapping data has shown 

several instances of snakes residing in 

and moving through predominantly 

north-facing slopes within two of the six 

proposed critical habitat units (Swaim 

2005c, p. 32; Swaim 2005d, p. 14). 

Habitat with a more open canopy would 

provide the greatest range of essential 

functions. However, closed-canopy 

areas are considered essential because 

they provide avenues of dispersal and 

interaction between subpopulations, 

and movement through such closedcanopy areas has been documented 

(Swaim 2002b, p. 44). 

Additional trapping data has shown 

that the maximum distance between 

Alameda whipsnake observations and 

the nearest scrub is much larger, up to 

4.5 mi (7.3 km), than either the home 

range diameter or average movements, 

suggesting more extensive use of 

grassland for either foraging or corridor 

movement (Swaim 2000, p. 5; Swaim 

2003, Table 1; Swaim 2005b, p. 1; 

Alvarez 2005, p. 24). The scale of these 

grassland patches is on the order of 

several miles (kilometers) across, and 

movement of this degree would permit 

Alameda whipsnakes to disperse to 

other adjacent habitat. Large blocks of 

contiguous habitat, relatively 

uninterrupted by roads, structures, or 

other development, fulfill the essential 

need for interchange and interaction 

among individuals and subpopulations 

within the limited distribution of 

Alameda whipsnake. Thus, other 

vegetation (e.g., annual grassland, blue 

oak-foothill pine, blue oak woodland, 

coastal oak woodland, valley oak 

woodland, eucalyptus, redwood, and 

riparian communities) adjacent to scrub 

habitat is considered a feature essential 

to the conservation of the Alameda 

whipsnake. 

The characteristics and composition 

of the vegetation series adjacent to scrub 

or rocky habitats used by Alameda 

whipsnake for foraging, short- and longdistance dispersal, and mating can vary 

depending on location, topography, 

soils, and rainfall. The woodland 

vegetation series are comprised of slow 

growing, long-lived deciduous and 

evergreen trees 15 to 70 ft (4 to 21 m) 

tall with a mixed understory of grass 

and herbaceous vegetation or shrub 

vegetation. Some common species 

associated with the woodland 

vegetation series include: Blue oak 

(Quercus douglasii), valley oak (Quercus 

lobata), canyon live oak, coast live oak, 

California black oak (Quercus kellogi), 

interior live oak, madrone (Arbutus 

menziesii), foothill pine (Pinus 

sabiniana), California bay (Umbellularia 

californica), California buckeye, coyote 

brush, manzanita, gooseberry (Ribes 

sp.), redwood, and Eucalyptus. Some 

common species associated with the 

California annual grassland vegetation 

series include: Wild oats (Avena sp.), 

soft chess (Bromus mollis), Brome sp., 

barley (Hordeum sp.), and fescue 

(Festuca sp.). Some remnant perennial 

grasses may also be distributed within 

this grassland vegetation series 

comprised of species such as 

needlegrass (Nassella sp.), California 

onion grass (Melica californica), and 

California fescue (Festuca californica). 


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Herbaceous vegetation within the 

woodland and grassland vegetation 

series includes filaree sp., turkey 

mullein (Eremocarpus sp.), popcorn 

flower (Plagiobothrys sp.), and 

California poppy (Eschscholtzia 

california). 

Primary Constituent Elements for the 

Alameda Whipsnake 

Under our regulations, we are 

required to identify the known physical 

and biological features essential to the 

conservation of the Alameda whipsnake 

(PCEs). All areas finalized as critical 

habitat for the Alameda whipsnake are 

occupied, within the subspecies’

historic geographic range, and contain 

sufficient PCEs to support at least one 

life history function. 

Based on our current knowledge of 

the life history, biology, and ecology of 

the Alameda whipsnake and the 

requirements of the habitat necessary to 

sustain the essential life history 

functions of the subspecies, we have 

determined that the PCEs for the 

Alameda whipsnake are: 

(1) Scrub/shrub communities with a 

mosaic of open and closed canopy: 

Scrub/shrub vegetation dominated by 

low-to medium-stature woody shrubs 

with a mosaic of open and closed 

canopy as characterized by the chamise, 

chamise-eastwood manzanita, chaparral 

whitethorn, and interior live oak shrub 

vegetation series (as identified in the 

Manual of California Vegetation (Sawyer 

and Keeler-Wolf 1995), A Guide to 

Wildlife Habitats of California ((Mayer 

and Laudenslayer 1988, pp. 28, 34), and 

California Wildlife Habitat Relationship 

System (CDFG 1998)), occurring at 

elevations from sea level to 

approximately 3,850 ft (1,170 m). Such 

scrub/shrub vegetation within these 

series forms a pattern of open and 

closed canopy used by the Alameda 

whipsnake for shelter from predators; 

temperature regulation, because it 

provides sunny and shady locations; 

prey-viewing opportunities; and nesting 

habitat and substrate. These features 

contribute to support a prey base 

consisting of western fence lizards and 

other prey species such as skinks, frogs, 

snakes, and birds. 

(2) Woodland or annual grassland 

plant communities contiguous to lands 

containing PCE 1: Woodland or annual 

grassland vegetation series comprised of 

one or more of the following: Blue oak, 

coast live oak, California bay, California 

buckeye, and California annual 

grassland vegetation series (as identified 

in the Manual of California Vegetation 

(Sawyer and Keeler-Wolf 1995), A 

Guide to Wildlife Habitats of California 

(Mayer and Laudenslayer 1988), and 

California Wildlife Habitat Relationship 

System (CDFG 1998, pp. 28, 29, 118)) 

are PCE 2. This mosaic of vegetation is 

essential to the conservation of the 

Alameda whipsnake because it supports 

a prey base consisting of western fence 

lizards and other prey species such as 

skinks, frogs, snakes, and birds, and 

provides opportunities for: (1) Foraging 

by allowing snakes to come in contact 

with and visualize, track, and capture 

prey (especially western fence lizards 

along with other prey such as skinks, 

frogs, birds); (2) short and long distance 

dispersal within, between, or to adjacent 

areas containing essential features (i.e., 

PCE 1 or PCE 3); and (3) contact with 

other Alameda whipsnakes for mating 

and reproduction. 

(3) Lands containing rock outcrops, 

talus, and small mammal burrows 

within or adjacent to PCE 1 and or PCE 

2. These areas are essential to the 

conservation of the Alameda whipsnake 

because they are used for retreats 

(shelter), hibernacula, foraging, and 

dispersal, and provide additional prey 

population support functions. 

This designation is designed for the 

conservation of PCEs necessary to 

support the life history functions which 

were the basis for the proposal. Because 

not all life history functions require all 

the PCEs, not all proposed critical 

habitat will contain all the PCEs. 

Units are designated based on 

sufficient PCEs being present to support 

one or more of the species’s life history 

functions. Some units contain all PCEs 

and support multiple life processes, 

while some units contain only a portion 

of the PCEs necessary to support the 

species’ particular use of that habitat. 

Where a subset of the PCEs is present at 

the time of designation, this rule 

protects those PCEs and thus the 

conservation function of the habitat. 

Methods 

The methods used in determining the 

critical habitat boundaries are 

unmodified from those described in the 

proposed rule (70 FR 60607, p 60611) 

and are incorporated within by 

reference. See the proposed critical 

habitat designation for more 

information. 

Criteria Used To Identify Critical 

Habitat 

As required by section 4(b)(1)(A) of 

the Act, we use the best scientific data 

available in determining areas that 

contain the features that are essential to 

the conservation of the Alameda 

whipsnake. The material included data 

in reports submitted during section 7 

consultations and by biologists holding 

section 10(a)(1)(A) recovery permits; 

research published in peer-reviewed 

articles and presented in academic 

theses and agency reports; and regional 

GIS coverages. We designated no areas 

outside the geographical area presently 

occupied by the subspecies. 

The criteria we utilized to designate 

critical habitat for Alameda whipsnake 

are based on the best scientific 

information available regarding the 

biology and ecology of the subspecies. 

In our determination of critical habitat 

for the Alameda whipsnake, we selected 

areas that possess the physical and 

biological features essential to the 

conservation of the subspecies and that 

may require special management 

considerations or protection. 

Application of these criteria (1) protects 

the best-quality habitat in areas where 

Alameda whipsnake occurs; (2) 

maintains the current geographical, 

elevational, and ecological distribution 

of habitat and the subspecies, thereby 

preserving genetic variation within the 

range of the Alameda whipsnake, and 

minimizes the effects of local 

extirpation; and (3) minimizes 

fragmentation by establishing unit 

boundaries that would result in the 

lowest possible ratio of perimeter/unit 

area, maintaining the essential need for 

Alameda whipsnake movement, 

dispersal, and interaction within the 

population. The specific habitat quality 

factors we considered in determining 

critical habitat included soil type, 

vegetation type, vegetation mosaic, and 

amount of included development (e.g., 

roads, structures). 

There is no firm information on the 

actual population size of Alameda 

whipsnake. In addition, there has been 

no analysis of the minimum viable 

population size necessary to maintain a 

stable or increasing population of the 

Alameda whipsnake. However, expert 

opinion is that the subspecies persists in 

relatively low numbers throughout its 

range compared to other snake species 

(McGinnis 1992, p. 24). These low 

numbers are also subject to variation as 

supported by monitoring studies such as 

Swaim (2006, pp. 1, 4), who found one 

site in which Alameda whipsnakes 

comprised 41 of 1,415 total snake 

captures with 178 traplines in 2005, an 

increase from 10 Alameda whipsnake 

captures in 2004 with 274 traplines. 

Moreover, irretrievable loss of occupied 

Alameda whipsnake habitat due to 

recent urban development is significant 

in areas adjacent to several of the 

critical habitat units. This loss of habitat 

has very likely resulted in a 

commensurate reduction in the 

population size for the Alameda 

whipsnake. Accordingly, the general 

pattern of habitat loss and fragmentation 


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was taken into consideration in the 

designation of critical habitat. 

Connectivity has been applied as a 

criterion to those areas where 

designation of critical habitat would 

result in a relatively high potential for 

dispersal between and within units. The 

need for special management 

considerations was assessed where such 

management may be essential to 

enhance the connectivity or the integrity 

of high quality habitat within a unit. 

We are designating critical habitat on 

lands we have determined are occupied 

at the time of listing and contain 

sufficient PCEs to support life history 

functions essential for the conservation 

of the subspecies. When determining 

critical habitat boundaries for this final 

rule, we made every effort to avoid 

including developed areas such as 

buildings, paved areas, and other 

structures that lack the PCEs for the 

Alameda whipsnake. The scale of the 

maps prepared under the parameters for 

publication within the Code of Federal 

Regulations may not reflect the 

exclusion of such developed areas. Any 

such structures and the land under them 

inadvertently left inside critical habitat 

boundaries shown on the maps of this 

final rule have been excluded by text in 

the proposed rule and are not 

designated critical habitat. Therefore, 

Federal actions limited to these areas 

would not trigger section 7 consultation, 

unless they affect the subspecies and/or 

the PCEs in adjacent critical habitat. 

Section 10(a)(1)(B) of the Act 

authorizes us to issue permits for the 

take of listed species incidental to 

otherwise lawful activities. An 

incidental take permit application must 

be supported by a habitat conservation 

plan (HCP) that identifies conservation 

measures that the permittee agrees to 

implement for the species to minimize 

and mitigate the impacts of the 

requested incidental take. We often 

exclude non-Federal public lands and 

private lands that are covered by an 

existing operative HCP and executed 

implementation agreement (IA) under 

section 10(a)(1)(B) of the Act from 

designated critical habitat because the 

benefits of exclusion outweigh the 

benefits of inclusion as discussed in 

section 4(b)(2) of the Act. We are 

excluding critical habitat from portions 

of Unit 4 based on the development of 

the ECCHCP/NCCP and lands within the 

East Bay Regional Park District. See 

Relationship of Critical Habitat to 

Habitat Conservation Plan Lands 

—Exclusions Under Section 4(b)(2) of 

the Act below. 

Special Management Considerations or 

Protections 

When designating critical habitat, we 

assess whether the features essential to 

the conservation of the Alameda 

whipsnake that have been identified as 

PCEs may require special management 

considerations or protections. Special 

management is required when threats to 

the subspecies and features essential to 

its conservation exist and must be 

reduced by management to conserve the 

subspecies. The greatest threat to all six 

critical habitat units is continued urban 

development, which removes and 

fragments the features essential to the 

conservation of the subspecies. Second, 

fragmentation and destruction of 

features essential to the conservation of 

the subspecies, and thus the habitat, 

also results from road development and 

widening in all six critical habitat units. 

Alameda whipsnakes may experience 

direct mortality while moving across 

roads, and roads (e.g., highways) may 

form partial or complete barriers to 

Alameda whipsnake movement. Special 

management may be needed to reduce 

the effects of development projects that 

remove or reduce the quality of features 

essential to the subspecies’

conservation. Third, the features 

essential to the conservation of the 

subspecies are threatened directly and 

indirectly by the effects of fire 

suppression. Fire suppression 

exacerbates the detrimental effects of 

wildfires through the buildup of fuel 

(i.e., underbrush and woody debris), 

creating conditions for slow-moving, hot 

fires that completely burn all sources of 

cover for the Alameda whipsnake. The 

highest intensity fires occur in the 

summer and early Fall, when 

accumulated fuel is abundant and dry. 

During this period, hatchling and adult 

Alameda whipsnakes are aboveground 

(Swaim 1994, p. 96), resulting in 

Alameda whipsnake populations being 

more likely to sustain heavy losses from 

high intensity fires. Fire suppression 

has led to the encroachment of nonindigenous and ornamental trees into 

grassland habitats, further increasing 

fuel loads in and around Alameda 

whipsnake habitat. Fire suppression has 

also led to the change of scrub 

communities from open/closed mosaics 

to closed canopy stands. As described 

above, Alameda whipsnakes prefer 

scrub communities consisting of an 

open/closed mosaic. The closed scrub 

canopy also results in a buildup of 

flammable fuels over time. Special 

management may be required to manage 

fuel loads to minimize the risk of 

catastrophic fire within the six critical 

habitat units. 

Inappropriate grazing practices, such 

as overgrazing, may threaten the 

Alameda whipsnake. The scrub 

component of the vegetation mosaic 

may be affected by overgrazing as well 

as practices such as burning or 

bulldozing to remove scrub prior to 

grazing (McGinnis 1992, p. 21). 

Overgrazing may also reduce grass 

height or density to the point that 

Alameda whipsnakes are exposed to 

increased predation by hawks. Special 

management may be needed to manage 

grazing practices so they do not result 

in incompatible losses of scrub, and to 

restore scrub habitat to areas within the 

six critical habitat units that have been 

adversely affected by past overgrazing or 

associated land management. 

In habitat areas that are not urbanized, 

construction and use of paved and 

unpaved roads and trails, and associated 

recreational activities (e.g., on- and offroad motorized and non-motorized 

vehicles, camping, hiking, horseback 

riding) may result in both losses of 

habitat and direct mortality of Alameda 

whipsnakes by motorized and nonmotorized vehicles. Special 

management may be needed to ensure 

that the locations and densities of such 

features and activities within all six 

critical habitat units are managed so 

effects on the Alameda whipsnake and 

its habitat are minimized. 

Finally, Alameda whipsnakes are 

subject to increased predatory pressure 

from introduced species, such as rats 

(Rattus spp.), feral pigs (Sus scrofa), and 

feral and domestic cats (Felis domestica) 

and dogs (Canis familiaris). These 

additional threats become particularly 

acute where urban development 

immediately abuts Alameda whipsnake 

habitat. A growing movement to 

maintain feral cats in parklands is an 

additional potential threat to the 

Alameda whipsnake. EBRPD is 

currently facing public pressure to allow 

private individuals to maintain feral 

cats on park lands (DelVecchio 1997, p. 

A–15). Although the actual impact of 

predation under such situations has not 

been studied, feral cats are known to 

prey on reptiles, including yellow racers 

(Coluber sp. (Hubbs 1951, p. 183)), a 

fast, diurnal snake closely related to the 

Alameda whipsnake (Stebbins 1985, p. 

180). Alameda whipsnakes may be 

adversely affected in areas that are 

adjacent to urban development because 

of the associated loss of cover habitats 

in combination with increased native 

and nonnative predators using these 

areas. Special management of nonnative 

predators may be required within all six 

critical habitat units. 


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Critical Habitat Designation 

We are designating six units as critical 

habitat for the Alameda whipsnake. The 

critical habitat areas described below 

constitute our best assessment at this 

time of areas that have been determined 

to be occupied at the time of listing, 

contain the PCEs essential for the 

conservation of the subspecies and that 

may require special management. The 

six areas designated as critical habitat 

for the Alameda whipsnake are shown 

in Tables 1 and 2 below. Table 1 is a 

summary of the areas that meet the 

definition of critical habitat for the 

Alameda whipsnake and the areas 

excluded from critical habitat. Table 2 

identifies the approximate area 

designated as critical habitat for the 

Alameda whipsnake by land ownership. 

TABLE 1.—APPROXIMATE AREAS WITH ESSENTIAL FEATURES FOR THE ALAMEDA WHIPSNAKE AND THE AREA EXCLUDED

FROM THE FINAL CRITICAL HABITAT DESIGNATION

Unit 

Area with essential 

features 

Area excluded from 

the final critical habitat designation 

ac ha ac ha 

1 ....................................................................................................................................................... 34,119 13,808 ................ ................

2 ....................................................................................................................................................... 24,436 9,889 ................ ................

3 ....................................................................................................................................................... 27,551 11,150 1,585 641 

4 ....................................................................................................................................................... 69,597 28,165 45,413 18,378 

5A ..................................................................................................................................................... 24,723 10,005 ................ ................

5B ..................................................................................................................................................... 18,214 7,371 ................ ................

6 ....................................................................................................................................................... 4,151 1,680 ................ ................

Total .......................................................................................................................................... 202,791 82,068 46,998 19,020 

TABLE 2.—CRITICAL HABITAT UNITS FOR ALAMEDA WHIPSNAKE

[Area (ac/ha) estimates reflect all land within critical habitat unit boundaries] 

Unit 

Federal State Local Private Total 

ac ha ac ha ac ha ac ha ac ha 

1 ................................................... .............. .............. 15 6 8,108 3,281 25,997 10,520 34,119 13,808 

2 ................................................... .............. .............. .............. .............. 4,386 1,775 20,050 8,114 24,436 9,889 

3 ................................................... .............. .............. .............. .............. 404 163 25,562 10,345 25,966 10,508 

4 ................................................... 23 9 13,855 5,607 .............. .............. 9,348 3,783 23,225 9,399 

5A ................................................. 2,492 1,008 .............. .............. 246 99 21,986 8,897 24,723 10,005 

5B ................................................. .............. .............. .............. .............. 361 146 17,854 7,225 18,214 7,371 

6 ................................................... .............. .............. 720 291 265 107 3,166 1,281 4,151 1,680 

Total ...................................... 2,515 1,018 14,590 5,904 13,768 5,572 123,962 50,166 154,834 62,659 

We present brief descriptions of all 

units, and reasons why they are 

essential for the conservation of the 

Alameda whipsnake below. 

Unit 1: Tilden-Briones; Alameda and 

Contra Costa Counties (34,119 ac 

(13,808 ha)) 

Unit 1 is bordered approximately by 

State Highway 4 and the cities of Pinole, 

Hercules, and Martinez to the north; by 

State Highway 24 and the City of Orinda 

Village to the south; Interstate 80 and 

the cities of Berkeley, El Cerrito, and 

Richmond, to the west; and Interstate 

680 and the City of Pleasant Hill to the 

east. The South end of Unit 1 abuts Unit 

6. Land ownership within the unit 

includes approximately 8,108 ac (3,281 

ha) of EBRPD lands, 15 acres (6 ha) of 

State land, and the remaining 25,997 ac 

(10,520 ha) under private ownership. 

The unit contains a complex mosaic 

of grassland with woody scrub 

vegetation of several types (PCE 1 and 

PCE 2), as well as rock outcrops or other 

talus features (PCE 3) distributed 

throughout the unit with little habitat 

fragmentation. Alameda whipsnake 

records occur within the unit and are 

uniformly distributed throughout the 

unit (Swaim 2005a). The dates of 

Alameda whipsnake records span a time 

period from before the subspecies’

listing to after the time of listing (1986 

to present). Habitat fragmentation is 

minimal. Very limited development has 

occurred within the unit, with the 

exception of a few structures 

presumably associated with livestock 

management. The distribution of 

essential features throughout the unit 

and low fragmentation allows Alameda 

whipsnakes to utilize and freely 

disperse within the unit, making the 

overall population less vulnerable to 

local extirpation which could result 

from fire, landslide, or some other 

natural event (e.g., drought, disease). 

The unit is designated critical habitat 

because it contains features essential to 

the conservation of the Alameda 

whipsnake, is currently occupied, and 

represents the northwestern portion of 

the subspecies’ range and one of five 

population centers. The special 

management actions that may be 

required within the unit include 

prescribed burns and management of 

grazing activities to maintain a mosaic 

of open habitat. Additional special 

management actions that may be 

required for this unit include 

management of trespass, unauthorized 

trail construction, dumping, and/or feral 

animals, and other activities or 

situations associated with the urban or 

recreational interface. 

Unit 2: Oakland-Las Trampas; Contra 

Costa and Alameda Counties (24,436 ac 

(9,889 ha)) 

Unit 2 is located south of State Route 

24, north of Interstate 580, east of State 

Route 13, and west of Interstate 680 and 

the cities of Danville, San Ramon, and 

Dublin. The North edge of Unit 2 abuts 

Unit 6. Land ownership includes 4,386 


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ac (1,775 ha) of EBRPD and East Bay 

Municipal Utilities District lands and 

20,050 ac (8,114 ha) under private 

ownership. 

Unit 2 contains a range of vegetation 

(PCE 1 and PCE 2), soil types, and rocky 

features (PCE 3) essential to the 

conservation of the subspecies, supports 

viable Alameda whipsnake populations, 

and has minimal development such as 

roads and structures (Swaim 2005a). 

Areas with development or reduced soil 

and vegetation characteristics have not 

been included in the critical habitat for 

this unit. Unit 2 essential features that 

contain more dense woodland habitat 

may be subject to special management 

considerations, such as prescribed 

burns, to improve the habitat quality 

and enhance the potential for Alameda 

whipsnake movement between units. 

Additional special management actions 

that may be required throughout this 

unit include management of trespass, 

unauthorized trail construction, 

dumping, and/or feral animals, and 

other activities or situations associated 

with the urban or recreational interface. 

Alameda whipsnake occurrences have 

been documented by multiple records 

within the unit as well as adjacent to the 

unit (Swaim 2005a). Dispersal of snakes 

between Units 2 and 1 is possible only 

through Unit 6, and impediments to 

such movement do not appear to be 

present. Unit 2 is included in the 

critical habitat because it contains 

features essential to the conservation of 

the Alameda whipsnake, is currently 

occupied by the subspecies, and 

represents the central distribution of 

Alameda whipsnake and one of the five 

population centers. 

Unit 3: Hayward-Pleasanton Ridge; 

Alameda County (25,966 ac (10,508 ha)) 

Unit 3 is located immediately to the 

west of Interstate 680 and to the south 

of Interstate 580. Land ownership 

includes 404 ac (163 ha) of EBRPD land 

and 25,562 ac (10,345 ha) privately 

owned land. We have excluded the 

Stonebrae Country Club project site 

from critical habitat in this unit (see 

Relationship of Critical Habitat to 

Approved Management Plans—

Exclusions Under Section 4(b)(2) of the 

Act, below). 

Unit 3 contains the mosaic of scrub 

and chaparral vegetation and rocky 

outcrops (PCE 1, PCE 3) considered 

essential to the conservation of the 

subspecies. The unit also includes 

variation in vegetation patch size, 

abundant edge between grassland and 

woodland, and a minimal amount of 

development or planned development. 

The area supports scrub and rock 

outcrop features essential for Alameda 

whipsnake. The Alameda whipsnake 

records within this unit are associated 

with Gaviota rocky sandy loams in 

particular, which likely provide talus 

(PCE 3), and appear to coincide in aerial 

imagery to scrub or chaparral vegetation 

preferred by Alameda whipsnake. 

Vegetation is largely of oak woodland 

community of variable densities (PCE 2) 

and statures (trees, shrubs) interspersed 

with grassland. Some peripheral 

portions of habitat around this unit were 

not included as critical habitat due to 

the high degree of development-related 

disturbance and fragmentation of the 

habitat. The unit is included in the 

designated critical habitat because it 

contains features essential to the 

conservation of the Alameda 

whipsnake; is currently occupied by the 

subspecies (Swaim 2005a); and 

represents the southwestern portion of 

the subspecies’ range and one of the five 

population centers. The special 

management actions that may be 

required throughout this unit include 

management of controlled burns and 

grazing, trespass, unauthorized trail and 

road construction, dumping, and/or 

feral animals, and other activities or 

situations associated with the urban or 

recreational interface. 

Unit 4: Mount Diablo-Black Hills; Contra 

Costa and Alameda Counties (23,225 ac 

(9,399 ha)) 

This unit encompasses Mount Diablo 

State Park and surrounding lands, and 

is largely within Contra Costa County 

except a small portion that is within 

Alameda County. Lands are owned by 

the Bureau of Land Management (23 ac 

(9 ha)), State Department of Parks and 

Recreation (13,855 ac (5,607 ha)), and 

private landowners (9,348 ac (3,783 

ha)). We have excluded East Bay 

Regional Park District lands and lands 

covered by the draft East Contra Costa 

County Habitat Conservation Plan and 

Natural Community Conservation Plan 

from critical habitat in this unit (see 

Relationship of Critical Habitat to 

Approved Management Plans— 

Exclusions Under Section 4(b)(2) of the 

Act’’, below). 

Numerous Alameda whipsnake 

observations (i.e., greater than 90 

records from 1972 to 2004) occur 

throughout the area, many of which are 

associated with dense rock outcrops 

(PCE 3) and chaparral, scrub, and oak 

woodland (PCE 1, PCE 2). The pattern 

of woody vegetation with grassland and 

rock outcrops forms an intricate 

landscape mosaic that is highly 

functional habitat for the Alameda 

whipsnake. The vegetation and soil 

characteristics, the mosaic habitat 

pattern, the abundance of Alameda 

whipsnake records, and the lack of 

surrounding development and relative 

absence of roadways, together indicate 

that this unit likely provides some of the 

very highest quality and largest 

contiguous blocks of habitat within the 

range of the subspecies, as well as some 

of its most robust populations. Special 

management, such as prescribed burns, 

may be required for portions of the unit 

with dense vegetation. The special 

management actions which may be 

required throughout this unit include 

management of controlled burns and 

grazing, trespass, unauthorized trail and 

road construction, dumping, and/or 

feral animals, and other activities or 

situations associated with the urban or 

recreational interface. The unit is 

included in designated critical habitat 

because it contains features essential to 

the conservation of the Alameda 

whipsnake, is occupied by the 

subspecies (Swaim 2005a), and 

represents the northeastern portion of 

the subspecies’ range and one of the five 

population centers. 

Unit 5A: Cedar Mountain; Alameda and 

San Joaquin Counties (24,723 ac (10,005 

ha)) 

Unit 5A is located east of Lake Del 

Valle along Cedar Mountain Ridge and 

Crane Ridge to Corral Hollow west of 

Interstate 580. Land ownership within 

this unit includes approximately 2,492 

ac (1,008 ha) of Department of Energy 

land, 246 ac (99 ha) of EBRPD land, and 

21,986 ac (8,897 ha)) are privately 

owned. 

The vegetation pattern within this 

unit consists of various woodland, 

scrub, and/or chaparral communities on 

northeast-facing slopes (PCE 1, PCE 2). 

Rock bearing soils which are associated 

with multiple Alameda whipsnake 

records (e.g. Vallecitos rocky loam) as 

well as rock lands are abundant, 

indicating the presence of PCE 3. Open, 

grassland-dominated communities are 

prominent on southwest-facing slopes, 

but there is also a significant component 

of woodland habitat on these slopes. 

Significant areas of vegetation types 

known to support Alameda whipsnake 

are present, including coastal oak, 

chamise-chaparral, mixed chaparral, 

blue-oak-foothill pine woodland, blue 

oak woodland, valley oak woodland, 

and montane hardwood. About 50 

Alameda whipsnake records from 1973 

through 2002 are known in this unit 

(Swaim 2005a). In most instances, the 

boundaries for critical habitat 

designation correspond to natural 

breaks in plant communities, habitat 

quality, and/or landform (ridgelines, 

water features). A moderate number of 

light duty roads (e.g., paved or unpaved 


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lightly used) are present within the unit, 

although there are very few structures or 

other land modifications. Special 

management, such as prescribed burns, 

may be required for portions of the unit 

with dense vegetation. The special 

management actions that may be 

required throughout this unit include 

management of grazing, trespass, 

unauthorized trail and road 

construction, dumping, and/or feral 

animals, and other activities or 

situations associated with urban or 

recreational interface. The unit is 

included in designated critical habitat 

because it contains features essential to 

the conservation of the Alameda 

whipsnake, is currently occupied by the 

subspecies, and represents the 

southernmost and easternmost 

distribution of Alameda whipsnake and 

one of five population centers for the 

subspecies. 

Unit 5B: Alameda Creek; Alameda and 

Santa Clara Counties (18,214 ac (7,371 

ha)) 

This unit is located northeast of 

Calaveras Reservoir, south of the town 

of Sunol, including the area along 

Wauhab Ridge in Alameda County and 

Oak Ridge in Santa Clara County. 

Alameda Creek is located at the west 

margin of the unit, and the unit contains 

the Sunol Regional Wilderness and 

Camp Ohlone Regional Park 

(approximately 361 ac (146 ha)), which 

are managed by the East Bay Regional 

Park, with the remaining 17,854 ac 

(7,225 ha) in private ownership. 

Vegetation is a mix of blue oak—foothill 

pine and annual grassland with a 

significant amount of woodland 

patches. Coastal live oak is present in 

the vicinity of Lleyden Creek. Soil types 

in which Alameda whipsnakes are 

found dominate the unit. This subunit 

contains six Alameda whipsnake 

records documented between 1972 and 

2000 (Swaim 2005a). Significant areas of 

vegetation types known to support 

Alameda whipsnake are present, 

including coastal oak, chamisechaparral, mixed chaparral, blue oak—

foothill pine woodland, blue oak 

woodland, valley oak woodland, and 

montane hardwood interspersed with 

rock outcrops or talus (PCEs 1, 2, 3). The 

boundaries for critical habitat 

designation correspond to natural 

breaks in plant communities, soil type, 

and or landform. A moderate number of 

light roads are present within the unit, 

although there are very few structures or 

other land modifications. Development 

within or adjacent to the unit is 

minimal. As a result of this low 

development pressure, the survey efforts 

for the Alameda whipsnake in this unit 

have not been as extensive as in the 

other units. Special management, such 

as prescribed burns, may be required for 

portions of the unit with dense 

vegetation. Other special management 

actions which may be required 

throughout this unit includes 

management of grazing, unauthorized 

trail and road construction, dumping, 

and/or feral animals, control and other 

activities or situations associated with 

urban or recreational interface. The unit 

is included in designated critical habitat 

because it contains features essential to 

the conservation of the Alameda 

whipsnake, is currently occupied, and 

represents the southern most 

distribution of Alameda whipsnake and 

one of the five population centers for 

the subspecies. 

Unit 6: Caldecott Tunnel; Contra Costa 

and Alameda Counties (4,151 ac (1,680 

ha)) 

This critical habitat unit lies between 

Units 1 and 2, along the Alameda and 

Contra Costa County lines. Land 

ownership within this unit includes 265 

ac (107 ha) of East Bay Regional Park 

lands, 720 ac (291 ha) of State, and 

3,166 ac (1,281 ha) in private lands. 

The unit is bounded by dense urban 

development to the east and west. 

However, the vegetation and soil types 

that are known to support Alameda 

whipsnake are dominant throughout the 

unit (PCEs 1, 2, 3). About eight Alameda 

whipsnake records are known from the 

unit between 1990 and 2002 (Swaim 

2005a). Special management 

considerations in this unit include 

possible consolidation of existing roads, 

or limiting additional road construction 

in order to preserve a corridor function 

in this unit as a consequence of the 

restricted width of the unit and the 

current presence of a moderate number 

of roads. Prescribed burns may also be 

required to maintain the habitat mosaic 

considered essential. The unit is 

included in designated critical habitat 

because it contains features essential to 

the conservation of the Alameda 

whipsnake, is currently occupied, and 

represents the last remaining habitat 

connecting Unit 1 and Unit 2, which are 

two of the five population centers for 

the subspecies. Maintaining 

connectivity between units allows for 

dispersal between units for the 

subspecies and allows for genetic 

exchange among all three units. 

Effects of Critical Habitat Designation 

Section 7 Consultation 

Section 7 of the Act requires Federal 

agencies, including the Service, to 

ensure that actions they fund, authorize, 

or carry out are not likely to destroy or 

adversely modify critical habitat. In our 

regulations at 50 CFR 402.02, we define 

destruction or adverse modification as 

‘‘a direct or indirect alteration that 

appreciably diminishes the value of 

critical habitat for both the survival and 

recovery of a listed species. Such 

alterations include, but are not limited 

to, alterations adversely modifying any 

of those physical or biological features 

that were the basis for determining the 

habitat to be critical.’’ However, recent 

decisions by the Fifth and Ninth Circuit 

Court of Appeals have invalidated this 

definition. Pursuant to current national 

policy and the statutory provisions of 

the Act, destruction or adverse 

modification is determined on the basis 

of whether, with implementation of the 

proposed Federal action, the affected 

critical habitat would remain functional 

(or retain the current ability for the 

primary constituent elements to be 

functionally established) to serve the 

intended conservation role for the 

species. 

Section 7(a) of the Act requires 

Federal agencies, including the Service, 

to evaluate their actions with respect to 

any species that is proposed or listed as 

endangered or threatened and with 

respect to its critical habitat, if any is 

proposed or designated. Regulations 

implementing this interagency 

cooperation provision of the Act are 

codified at 50 CFR part 402. 

Section 7(a)(4) of the Act requires 

Federal agencies to confer with us on 

any action that is likely to jeopardize 

the continued existence of a proposed 

species or result in destruction or 

adverse modification of critical habitat. 

This is a procedural requirement only. 

However, once a proposed species 

becomes listed, or proposed critical 

habitat is designated as final, the full 

prohibitions of section 7(a)(2) apply to 

any Federal action. The primary utility 

of the conference procedures is to 

maximize the opportunity for a Federal 

agency to adequately consider proposed 

species and critical habitat and avoid 

potential delays in implementing a 

proposed action as a result of the 

section 7(a)(2) compliance process, 

should those species be listed or the 

critical habitat designated. 

Under conference procedures, the 

Service may provide advisory 

conservation recommendations to assist 

the agency in eliminating conflicts that 

may be caused by the proposed action. 

The Service may conduct either 

informal or formal conferences. Informal 

conferences are typically used if the 

proposed action is not likely to have any 

adverse effects to the proposed species 

or proposed critical habitat. Formal 


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conferences are typically used when the 

Federal agency or the Service believes 

the proposed action is likely to cause 

adverse effects to proposed species or 

critical habitat, inclusive of those that 

may cause jeopardy or adverse 

modification. 

The results of an informal conference 

are typically transmitted in a conference 

report; the results of a formal conference 

are typically transmitted in a conference 

opinion. Conference opinions on 

proposed critical habitat are typically 

prepared according to 50 CFR 402.14, as 

if the proposed critical habitat were 

designated. We may adopt the 

conference opinion as the biological 

opinion when the critical habitat is 

designated if no substantial new 

information or changes in the action 

alter the content of the opinion (see 50 

CFR 402.10(d)). As noted above, any 

conservation recommendations in a 

conference report or opinion are strictly 

advisory. 

If a species is listed or critical habitat 

is designated, section 7(a)(2) of the Act 

requires Federal agencies to ensure that 

activities they authorize, fund, or carry 

out are not likely to jeopardize the 

continued existence of such a species or 

to destroy or adversely modify its 

critical habitat. If a Federal action may 

affect a listed species or its critical 

habitat, the responsible Federal agency 

(action agency) must enter into 

consultation with us. As a result of this 

consultation, compliance with the 

requirements of section 7(a)(2) will be 

documented through the Service’s 

issuance of: (1) A concurrence letter for 

Federal actions that may affect, but are 

not likely to adversely affect, listed 

species or critical habitat; or (2) a 

biological opinion for Federal actions 

that may affect, but are likely to 

adversely affect, listed species or critical 

habitat. 

When we issue a biological opinion 

concluding that a project is likely to 

result in jeopardy to a listed species or 

the destruction or adverse modification 

of critical habitat, we also provide 

reasonable and prudent alternatives to 

the project, if any are identifiable. 

‘‘Reasonable and prudent alternatives’’

are defined at 50 CFR 402.02 as 

alternative actions identified during 

consultation that can be implemented in 

a manner consistent with the intended 

purpose of the action, that are consistent 

with the scope of the Federal agency’s 

legal authority and jurisdiction, that are 

economically and technologically 

feasible, and that the Director believes 

would avoid jeopardy to the listed 

species or destruction or adverse 

modification of critical habitat. 

Reasonable and prudent alternatives can 

vary from slight project modifications to 

extensive redesign or relocation of the 

project. Costs associated with 

implementing a reasonable and prudent 

alternative are similarly variable. 

Regulations at 50 CFR 402.16 require 

Federal agencies to reinitiate 

consultation on previously reviewed 

actions in instances where a new 

species is listed or critical habitat is 

subsequently designated that may be 

affected, and the Federal agency has 

retained discretionary involvement or 

control over the action, or such 

discretionary involvement or control is 

authorized by law. Consequently, some 

Federal agencies may request 

reinitiation of consultation with us on 

actions for which formal consultation 

has been completed, if those actions 

may affect subsequently listed species 

or designated critical habitat or 

adversely modify or destroy proposed 

critical habitat. 

Federal activities that may affect the 

Alameda whipsnake or its designated 

critical habitat will require section 7 

consultation under the Act. Activities 

on State, Tribal, local, or private lands 

requiring a Federal permit (such as a 

permit from the U.S. Army Corps of 

Engineers under section 404 of the 

Clean Water Act or a permit under 

section 10(a)(1)(B) of the Act from the 

Service) or involving some other Federal 

action (such as funding from the Federal 

Highway Administration, Federal 

Aviation Administration, or the Federal 

Emergency Management Agency) will 

also be subject to the section 7 

consultation process. Federal actions 

not affecting listed species or critical 

habitat, and actions on State, Tribal, 

local, or private lands that are not 

federally funded, authorized, or 

permitted, do not require section 7 

consultations. 

Application of the Jeopardy and 

Adverse Modification Standards for 

Actions Involving Effects to the 

Alameda Whipsnake and Its Critical 

Habitat 

Jeopardy Standard 

Prior to and following designation of 

critical habitat, the Service applies an 

analytical framework for Alameda 

whipsnake jeopardy analyses that relies 

heavily on the importance of core area 

populations to the survival and recovery 

of the Alameda whipsnake. The section 

7(a)(2) analysis is focused not only on 

these populations, but also on the 

habitat conditions necessary to support 

them. 

The jeopardy analysis usually 

expresses the survival and recovery 

needs of the Alameda whipsnake in a 

qualitative fashion without making 

distinctions between what is necessary 

for survival and what is necessary for 

recovery. Generally, if a proposed 

Federal action is incompatible with the 

viability of the affected core area 

population(s), inclusive of associated 

habitat conditions, a jeopardy finding is 

considered to be warranted, because of 

the relationship of each core area 

population to the survival and recovery 

of the subspecies as a whole. 

Adverse Modification Standard 

The analytical framework described 

in the Director’s December 9, 2004, 

memorandum is used to complete 

section 7(a)(2) analyses for Federal 

actions affecting Alameda whipsnake 

critical habitat. The key factor related to 

the adverse modification determination 

is whether, with implementation of the 

proposed Federal action, the affected 

critical habitat would remain functional 

(or retain the current ability for the 

primary constituent elements to be 

functionally established) to serve the 

intended conservation role for the 

subspecies. Generally, the conservation 

role of Alameda whipsnake critical 

habitat units is to support viable core 

area populations. 

Section 4(b)(8) of the Act requires us 

to briefly evaluate and describe in any 

proposed or final regulation that 

designates critical habitat those 

activities involving a Federal action that 

may destroy or adversely modify such 

habitat, or that may be affected by such 

designation. Activities that may destroy 

or adversely modify critical habitat may 

also jeopardize the continued existence 

of the subspecies. 

Activities that may destroy or 

adversely modify critical habitat are 

those that alter the PCEs to an extent 

that the conservation value of critical 

habitat for the Alameda whipsnake is 

appreciably reduced. Activities that, 

when carried out, funded, or authorized 

by a Federal agency, may affect critical 

habitat and therefore result in 

consultation for the Alameda whipsnake 

include, but are not limited to: 

(1) Actions that would reduce the 

total amount of shrub/scrub, oak 

woodland, or grassland communities. 

Such activities could include, but are 

not limited to: Construction of paved or 

unpaved roads, buildings or other 

commercial or urban development, 

recreational facilities, or any other land 

use that eliminates the natural 

vegetation types and rock lands that 

provide PCEs. These actions reduce the 

available habitat for Alameda 

whipsnake, and result in direct loss of 

or cumulative adverse effects to 


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individual snakes, their life cycles and 

their populations, or their prey base. 

(2) Actions that would significantly 

modify the vegetation mosaic pattern. 

Such activities could include, but are 

not limited to: Loss of scrub due to 

livestock overgrazing, scrub removal 

through bulldozing or burning; loss of 

sun-shade mosaic due to fire 

suppression; introduction or spread of 

non-indigenous plants; prescribed fire; 

timber harvest; off-road vehicle or other 

recreational use; and other land 

disturbances. These activities could 

reduce the quality of habitat necessary 

for the growth and reproduction of the 

Alameda whipsnake provided by sunshade mosaic, which is necessary to 

sustain snakes and their prey 

populations and also cause direct loss of 

or cumulative adverse effects to 

individual snakes. 

(3) Actions that would result in 

complete loss of habitat or would 

impede snake movement by forming 

partial or complete barriers through or 

between habitat areas. Such activities 

could include, but are not limited to: 

Road construction; road improvement, 

right-of-way designation, installation of 

new radio equipment and facilities, 

commercial or urban development, or 

any other land use within corridors that 

connect units. These activities could 

eliminate foraging, resting, or denning 

habitat, as well as reduce movement 

corridors essential for genetic exchange 

and dispersal of Alameda whipsnake. 

Such activities could also lead to 

increased road kill incidences for the 

subspecies. 

(4) Actions that would significantly 

alter or modify the functioning of rock 

lands, talus, or small mammal burrows 

as Alameda whipsnake refugium or prey 

production. Such activities could 

include, but are not limited to 

application of rodenticide or other 

chemicals, mining, grading, excavation, 

or fill. Activities in these areas could 

result in direct losses of, or cumulative 

adverse effects to, individual Alameda 

whipsnakes, their life cycles, their 

populations, and their prey base. 

(5) Actions that would result in 

degraded chaparral scrub or oak 

woodland communities. Such activities 

could include, but are not limited to: 

Urban development, unmanaged fire 

suppression activities, and livestock 

overgrazing. These activities could 

reduce the quality of habitat essential 

for reproduction, growth, or shelter of 

the Alameda whipsnakes. 

(6) Actions that result in a discharge 

of dredged or fill material into waters of 

the United States by the Army Corps 

under section 404 of the Clean Water 

Act. Such activities could include, but 

are not limited to, placement of fill into 

wetlands or channelization of stream 

corridors. These activities could 

eliminate or reduce the habitat essential 

for the reproduction, feeding, or growth 

of Alameda whipsnake. The functions of 

riparian areas as refugium from fire or 

as dispersal corridors for snakes could 

be adversely affected by these actions. 

We consider all of the units 

designated as critical habitat, as well as 

those that have been excluded or not 

included, to contain features essential to 

the conservation of the Alameda 

whipsnake. All units are within the 

geographic range of the subspecies, all 

were occupied by the subspecies at the 

time of or since listing, and all are likely 

to be used by the Alameda whipsnake. 

Federal agencies already consult with us 

on activities in areas currently occupied 

by the Alameda whipsnake, or if the 

subspecies may be affected by the 

action, to ensure that their actions do 

not jeopardize the continued existence 

of the Alameda whipsnake. If you have 

questions regarding whether specific 

activities may constitute adverse 

modification of critical habitat, contact 

the Sacramento Fish and Wildlife Office 

(see ADDRESSES section). 

Application of Section 4(a)(3) and 

Exclusions Under Section 4(b)(2) of the 

Act 

Section 4(b)(2) of the Act states that 

critical habitat shall be designated, and 

revised, on the basis of the best 

available scientific data after taking into 

consideration the economic impact, 

impact on national security, and any 

other relevant impact of specifying any 

particular area as critical habitat. The 

Secretary may exclude an area from 

critical habitat if he determines that the 

benefits of such exclusion outweigh the 

benefits of specifying such area as part 

of the critical habitat, unless he 

determines, based on the best scientific 

data available, that the failure to 

designate such area as critical habitat 

will result in the extinction of the 

species. In making that determination, 

the Secretary is afforded broad 

discretion and the Congressional record 

is clear that in making a determination 

under the section the Secretary has 

discretion as to which factors and how 

much weight will be given to any factor. 

Under section 4(b)(2) of the Act, in 

considering whether to exclude a 

particular area from the designation, we 

must identify the benefits of including 

the area in the designation, identify the 

benefits of excluding the area from the 

designation, and determine whether the 

benefits of exclusion outweigh the 

benefits of inclusion. If an exclusion is 

contemplated, then we must determine 

whether excluding the area would result 

in the extinction of the species. In the 

following sections, we address a number 

of general issues that are relevant to the 

exclusions we considered. 

Conservation Partnerships on NonFederal Lands 

Most federally listed species in the 

United States will not recover without 

the cooperation of non-Federal 

landowners. More than 60 percent of the 

United States is privately owned 

(National Wilderness Institute 1995), 

and at least 80 percent of endangered or 

threatened species occur either partially 

or solely on private lands (Crouse et al. 

2002). Stein et al. (1995) found that only 

about 12 percent of listed species were 

found almost exclusively on Federal 

lands (i.e., 90 to 100 percent of their 

known occurrences restricted to Federal 

lands) and that 50 percent of federally 

listed species are not known to occur on 

Federal lands at all. 

Given the distribution of listed 

species with respect to land ownership, 

conservation of listed species in many 

parts of the United States is dependent 

upon working partnerships with a wide 

variety of entities and the voluntary 

cooperation of many non-Federal 

landowners (Wilcove and Chen 1998; 

Crouse et al. 2002; James 2002). 

Building partnerships and promoting 

voluntary cooperation of landowners is 

essential to understanding the status of 

species on non-Federal lands and is 

necessary to implement recovery actions 

such as reintroducing listed species, 

habitat restoration, and habitat 

protection. 

The Service’s Four Cs philosophy—

conservation through communication, 

consultation, and cooperation—is the 

foundation for developing the tools of 

conservation. These tools include 

conservation grants, funding for 

Partners for Fish and Wildlife Program, 

the Coastal Program, and cooperativeconservation challenge cost-share 

grants. Our Private Stewardship Grant 

program and Landowner Incentive 

Program provide assistance to private 

land owners in their voluntary efforts to 

protect threatened, imperiled, and 

endangered species, including the 

development and implementation of 

HCPs. 

Many non-Federal landowners derive 

satisfaction in contributing to 

endangered species recovery. Many 

private landowners, however, are wary 

of the possible consequences of 

encouraging endangered species to live 

on their property, and there is mounting 

evidence that some regulatory actions 

by the Federal government, while wellintentioned and required by law, can 


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under certain circumstances have 

unintended negative consequences for 

the conservation of species on private 

lands (Wilcove et al. 1996; Bean 2002; 

Conner and Mathews 2002; James 2002; 

Koch 2002; Brook et al. 2003). Many 

landowners fear a decline in their 

property value due to real or perceived 

restrictions on land-use options where 

threatened or endangered species are 

found. Consequently, harboring 

endangered species is viewed by many 

landowners as a liability, resulting in 

anti-conservation incentives because 

maintaining habitats that harbor 

endangered species represents a risk to 

future economic opportunities (Main et 

al. 1999; Brook et al. 2003). 

The purpose of designating critical 

habitat is to contribute to the 

conservation of threatened and 

endangered species and the ecosystems 

upon which they depend. The outcome 

of the designation, triggering regulatory 

requirements for actions funded, 

authorized, or carried out by Federal 

agencies under section 7 of the Act, can 

sometimes be counterproductive to its 

intended purpose on non-Federal lands. 

According to some researchers, the 

designation of critical habitat on private 

lands significantly reduces the 

likelihood that landowners will support 

and carry out conservation actions 

(Main et al. 1999; Bean 2002; Brook et 

al. 2003). The magnitude of this 

negative outcome is greatly amplified in 

situations where active management 

measures (e.g., reintroduction, fire 

management, control of invasive 

species) are necessary for species 

conservation (Bean 2002). 

The Service believes that the 

judicious use of excluding specific areas 

of non-federally owned lands from 

critical habitat designations can 

contribute to species’ recovery, and 

provide a superior level of conservation 

to the designation of critical habitat 

alone. For example, less than 17 percent 

of Hawaii is federally owned, but the 

State is home to more than 24 percent 

of all federally listed species, most of 

which will not recover without State 

and private landowner cooperation. 

Castle and Cooke Resorts, LLC, which 

owns 99 percent of the island of Lanai, 

entered into a conservation agreement 

with the Service. The conservation 

agreement provides conservation 

benefits to target species through 

management actions that remove threats 

(e.g., axis deer (Cervus axix, mouflon 

sheep (Ovis gmelini), rats, and invasive 

nonnative plants) from the Lanaihale 

and East Lanai Regions. Specific 

management actions include fire control 

measures, nursery propagation of native 

flora (including the target species), and 

planting of such flora. These actions 

will significantly improve the habitat for 

all currently occurring species. Due to 

the low likelihood of a Federal nexus on 

the island, we believe that the benefits 

of excluding the lands covered by the 

Memorandum of Agreement (MOA) 

exceeded the benefits of including them. 

As stated in the final critical habitat rule 

for endangered plants on the Island of 

Lanai: 

On Lanai, simply preventing ‘‘harmful 

activities’’ will not slow the extinction of 

listed plant species. Where consistent with 

the discretion provided by the Act, the 

Service believes it is necessary to implement 

policies that provide positive incentives to 

private landowners to voluntarily conserve 

natural resources and that remove or reduce 

disincentives to conservation. While the 

impact of providing these incentives may be 

modest in economic terms, they can be 

significant in terms of conservation benefits 

that can stem from the cooperation of the 

landowner. The continued participation of 

Castle and Cooke Resorts, LLC, in the 

existing Lanai Forest and Watershed 

Partnership and other voluntary conservation 

agreements will greatly enhance the Service’s 

ability to further the recovery of these 

endangered plants. 

Conservation agreements with nonFederal landowners (e.g., HCPs, 

contractual conservation agreements, 

easements, and stakeholder-negotiated 

State regulations) enhance species 

conservation by extending species 

protections beyond those available 

through section 7 consultations. In the 

past decade, we have encouraged nonFederal landowners to enter into 

conservation agreements, based on a 

view that we can achieve greater species 

conservation on non-Federal land 

through such partnerships than we can 

through coercive methods (61 FR 63854, 

December 2, 1996). 

Exclusions Under Section 4(b)(2) of the 

Act 

After consideration under section 

4(b)(2) of the Act, the following areas of 

essential habitat have been excluded 

from critical habitat for the Alameda 

whipsnake: Draft East Contra Costa 

County Habitat Conservation Plan and 

Natural Community Conservation Plan; 

those East Bay Regional Park District 

lands within Unit 4 of the proposed 

critical habitat; and the Stonebrae 

Country Club project site. A detailed 

analysis of our exclusion of these lands 

under section 4(b)(2) of the Act is 

provided in the paragraphs that follow. 

General Principles of Section 7 

Consultations Used in the 4(b)(2) 

Balancing Process 

The most direct, and potentially 

largest, regulatory benefit of critical 

habitat is that federally authorized, 

funded, or carried out activities require 

consultation pursuant to section 7 of the 

Act to ensure that they are not likely to 

destroy or adversely modify critical 

habitat. There are two limitations to this 

regulatory effect. First, it only applies 

where there is a Federal nexus—if there 

is no Federal nexus, designation itself 

does not restrict actions that destroy or 

adversely modify critical habitat. 

Second, it only limits destruction or 

adverse modification. By its nature, the 

prohibition on adverse modification is 

designed to ensure those areas that 

contain the physical and biological 

features essential to the conservation of 

the species, or unoccupied areas that are 

essential to the conservation of the 

species, are not eroded. Critical habitat 

designation alone, however, does not 

require specific steps toward recovery. 

Once consultation under section 7 of 

the Act is triggered, the process may 

conclude informally when the Service 

concurs in writing that the proposed 

Federal action is not likely to adversely 

affect the listed species or its critical 

habitat. However, if the Service 

determines through informal 

consultation that adverse impacts are 

likely to occur, then formal consultation 

would be initiated. Formal consultation 

concludes with a biological opinion 

issued by the Service on whether the 

proposed Federal action is likely to 

jeopardize the continued existence of a 

listed species or result in destruction or 

adverse modification of critical habitat, 

with separate analyses being made 

under both the jeopardy and the adverse 

modification standards. For critical 

habitat, a biological opinion that 

concludes in a determination of no 

destruction or adverse modification may 

contain discretionary conservation 

recommendations to minimize adverse 

effects to primary constituent elements, 

but it would not contain any mandatory 

reasonable and prudent measures or 

terms and conditions. Mandatory 

reasonable and prudent alternatives to 

the proposed Federal action would only 

be issued when the biological opinion 

results in a jeopardy or adverse 

modification conclusion. 

We also note that for 30 years prior to 

the Ninth Circuit Court’s decision in 

Gifford Pinchot, the Service equated the 

jeopardy standard with the standard for 

destruction or adverse modification of 

critical habitat. The Court ruled that the 

Service could no longer equate the two 

standards, and that adverse 

modification evaluations require 

consideration of impacts on the 

recovery of species. Thus, under the 

Gifford Pinchot decision, critical habitat 

designations may provide greater 


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benefits to the recovery of a species. 

However, we believe the conservation 

achieved through implementing 

regional habitat conservation plans or 

other regional habitat management 

plans is typically greater than would be 

achieved through multiple site-by-site, 

project-by-project, section 7 

consultations involving consideration of 

critical habitat. Management plans 

commit resources to implement longterm management and protection to 

particular habitat for at least one and 

possibly other listed or sensitive 

species. Section 7 consultations only 

commit Federal agencies to prevent 

adverse modification to critical habitat 

caused by the particular project, Federal 

agencies are not committed to provide 

conservation or long-term benefits to 

areas not affected by the proposed 

project. Thus, any HCP or management 

plan which considers enhancement or 

recovery as the management standard 

will always provide as much or more 

benefit than a consultation for critical 

habitat designation conducted under the 

standards required by the Ninth Circuit 

in the Gifford Pinchot decision. 

The information provided in this 

section applies to all the discussions 

below on the benefits of inclusion and 

exclusion of critical habitat in that it 

provides the framework for the 

consultation process. 

Educational Benefits of Critical Habitat 

A benefit of including lands in critical 

habitat is that the designation of critical 

habitat serves to educate landowners, 

State and local governments, and the 

public regarding the potential 

conservation value of an area. This 

helps focus and promote conservation 

efforts by other parties by clearly 

delineating areas of high conservation 

value for the Alameda whipsnake. In 

general, the educational benefit of a 

critical habitat designation always 

exists, although in some cases it may be 

redundant with other educational 

effects. For example, regional HCPs 

have significant public input, and may 

largely duplicate the educational benefit 

of a critical habitat designation. This 

benefit is closely related to a second, 

more indirect benefit: That designation 

of critical habitat would inform State 

agencies and local governments about 

areas that could be conserved under 

State laws or local ordinances. 

However, we believe that there would 

be little additional informational benefit 

gained from the designation of critical 

habitat for the exclusions we are making 

in this rule, because these areas were 

included in the proposed rule as having 

habitat containing the features essential 

to the conservation of the species. 

Consequently, we believe that the 

informational benefits are already 

provided even though these areas are 

not designated as critical habitat. 

Additionally, the purpose normally 

served by the designation of critical 

habitat for the Alameda whipsnake of 

informing State agencies and local 

governments about areas which would 

benefit from protection and 

enhancement of habitat is already well 

established among the Federal, State, 

and local government agencies in those 

areas that we are excluding from critical 

habitat in this rule on the basis of other 

existing habitat management 

protections. 

The information provided in this 

section applies to all the discussions 

below concerning the benefits of 

inclusion and exclusion of critical 

habitat. 

Benefits of Excluding Lands With HCPs 

or Other Approved Management Plans 

From Critical Habitat 

The benefits of excluding lands with 

HCPs or other approved management 

plans from critical habitat designation 

include relieving landowners, 

communities, and counties of any 

additional regulatory burden that might 

be imposed by a critical habitat 

designation. Most HCPs and other 

conservation plans take many years to 

develop and, upon completion, are 

consistent with the recovery objectives 

for listed species covered within the 

plan area. In fact, designating critical 

habitat in areas covered by a pending 

HCP or conservation plan could result 

in the loss of some species’ benefits if 

participants abandon the planning 

process, in part because of the strength 

of the perceived additional regulatory 

compliance that such designation would 

entail. The time and cost of regulatory 

compliance for a critical habitat 

designation do not have to be quantified 

for them to be perceived as additional 

Federal regulatory burden sufficient to 

discourage continued participation in 

plans targeting listed species’

conservation. 

Many conservation plans provide 

conservation benefits to unlisted 

sensitive species. Imposing an 

additional regulatory review as a result 

of the designation of critical habitat may 

undermine conservation efforts and 

partnerships in many areas. Designation 

of critical habitat within the boundaries 

of management plans that provide 

conservation measures for a species 

could be viewed as a disincentive to 

those entities currently developing these 

plans or contemplating them in the 

future, because one of the incentives for 

undertaking conservation is greater ease 

of permitting where listed species are 

affected. Addition of a new regulatory 

requirement would remove a significant 

incentive for undertaking the time and 

expense of management planning. 

A related benefit of excluding lands 

within management plans from critical 

habitat designation is the unhindered, 

continued ability to seek new 

partnerships with future plan 

participants, including States, counties, 

local jurisdictions, conservation 

organizations, and private landowners, 

which together can implement 

conservation actions that we would be 

unable to accomplish otherwise. If lands 

within approved management plan 

areas are designated as critical habitat, 

it would likely have a negative effect on 

our ability to establish new partnerships 

to develop these plans, particularly 

plans that address landscape-level 

conservation of species and habitats. By 

preemptively excluding these lands, we 

preserve our current partnerships and 

encourage additional conservation 

actions in the future. 

Furthermore, an HCP or NCCP/HCP 

application must itself be consulted 

upon. Such a consultation would review 

the effects of all activities covered by 

the HCP which might adversely impact 

the species under a jeopardy standard, 

including possibly significant habitat 

modification (see definition of ‘‘harm’’

at 50 CFR 17.3), even without the 

critical habitat designation. In addition, 

Federal actions not covered by the HCP 

in areas occupied by listed species 

would still require consultation under 

section 7 of the Act, and would be 

reviewed for possibly significant habitat 

modification in accordance with the 

definition of harm referenced above. 

The information provided in this 

section applies to all the discussions 

below that discuss the benefits of 

inclusion and exclusion of critical 

habitat. 

Relationship of Critical Habitat to 

Habitat Conservation Plan Lands—

Exclusions Under Section 4(b)(2) of the 

Act 

Draft East Contra Costa County Habitat 

Conservation Plan and Natural 

Community Conservation Plan 

(ECCHCP/NCCP) 

The draft ECCHCP/NCCP was 

released to the public on September 6, 

2005. We expect a finalized plan before 

the end of December 2006. Participants 

in this HCP include the County of 

Contra Costa; the cities of Brentwood, 

Clayton, Oakley, and Pittsburg, 

California; and the Contra Costa Water 

District. The draft ECCHCP/NCCP 

encompasses the eastern portion of 


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Contra Costa County from 

approximately west of Concord to Sand 

Mound Slough and Clifton Court 

Forebay on the east. The draft ECCHCP 

is also a subregional plan under the 

State’s Natural Community 

Conservation Planning (NCCP) process 

and was developed in cooperation with 

the California Department of Fish and 

Game. The draft ECCHCP/NCCP 

identifies the Alameda whipsnake as a 

covered species and has identified areas 

where growth and development are 

expected to occur, as well as several 

conservation measures, including: (1) 

Preserving between 12,254 and 13,983 

ac (4,959 to 5,659 ha) of Alameda 

whipsnake habitat; (2) preserving major 

habitat connections linking existing 

public lands; (3) incorporating a range 

of habitat and population management 

and enhancement measures including, 

but not limited to, monitoring, 

prescribed burning, exotic plant control, 

native grass restoration, and recreational 

use controls; (4) fully mitigating the 

impacts to covered species; (5) 

maintaining ecosystem processes; and 

(6) contributing to the recovery of 

covered species. When the conservation 

measures are implemented, they will 

benefit Alameda whipsnake 

conservation by preserving and 

restoring or enhancing habitat for the 

species. We expect that the draft 

ECCHCP/NCCP, when finalized, will 

provide substantial protection for all 

three of the primary constituent 

elements for the Alameda whipsnake, 

and that protected lands will receive the 

special management they require 

through funding mechanisms that will 

be implemented under the ECCHCP/ 

NCCP. In total, we are excluding 

approximately 42,665 ac (17,265 ha) of 

land from Unit 4 in Contra Costa 

County. 

Benefits of Exclusion Outweigh the 

Benefits of Inclusion 

The conservation measures in the 

ECCHCP/NCCP will provide substantial 

protection of the PCEs and special 

management of essential habitat for the 

Alameda whipsnake on ECCHCP 

conservation lands. We expect the 

ECCHCP/NCCP to provide a greater 

level of management for the Alameda 

whipsnake on private lands than would 

designation of critical habitat on private 

lands due to its large scale planning 

effort and cooperation with local 

landowners rather than the piece meal 

approach of section 7 consultation 

process. Moreover, inclusion of these 

non-Federal lands as critical habitat 

would not necessitate additional 

management and conservation activities 

that would exceed the approved 

ECCHCP/NCCP and its implementing 

agreement as these measures would be 

identified and be part of the 

conservation strategy identified in the 

ECCHCP/NCCP. As a result, we do not 

anticipate any action on these lands 

would destroy or adversely modify the 

areas designated as critical habitat. 

Therefore, we do not expect that 

including those areas in the final 

designation would lead to any changes 

to actions on the conservation lands to 

avoid destroying or adversely modifying 

that habitat. 

The exclusion of these lands from 

critical habitat will help preserve the 

partnerships that we have developed 

with the local jurisdiction and project 

proponent in the development of the 

draft ECCHCP/NCCP. The educational 

benefits of critical habitat, including 

informing the public of areas that are 

essential for the long-term conservation 

of the subspecies, are still accomplished 

from material provided on our Web site 

and through public notice-and-comment 

procedures required to establish the 

ECCHCP/NCCP. For these reasons, we 

believe that designating critical habitat 

has little benefit in areas covered by the 

draft ECCHCP/NCCP. 

We have reviewed and evaluated the 

conservation measures identified for the 

Alameda whipsnake identified in the 

draft ECCHCP/NCCP as well as the 

benefits of inclusion and exclusion of 

critical habitat for the Alameda 

whipsnake. Based on this evaluation, 

we find that the benefits of exclusion of 

the lands containing features essential 

to the conservation of the Alameda 

whipsnake in the planning area for the 

draft ECCHCP/NCCP outweigh the 

benefits of including those portions of 

the draft ECCHCP/NCCP area within 

Unit 4 as critical habitat. 

Exclusion Will Not Result in Extinction 

of the Species 

We have determined that this 

exclusion would not result in the 

extinction of the subspecies because the 

draft ECCHCP/NCCP seeks to: (1) 

Preserve between 12,254 to 13,983 ac 

(4,959 to 5,659 ha) of Alameda 

whipsnake habitat; (2) preserve major 

habitat connections linking existing 

public lands; (3) incorporate a range of 

habitat and population management and 

enhancement measures including 

monitoring, prescribed burning, and 

recreational use controls; (4) fully 

mitigate the impacts to covered species; 

(5) maintain ecosystem processes; and 

(6) contribute to the recovery of covered 

species. 

Actions which might adversely affect 

the subspecies would be minimized and 

coordinated large scale conservation 

measures would be implemented 

through the ECCHCP/NCCP. The 

ECCHCP/NCCP would undergo an intraService consultation under section 7 of 

the Act. The jeopardy standard of 

section 7 of the Act, and routine 

implementation of habitat preservation 

through the section 7 process, provide 

assurance that the subspecies will not 

go extinct. In addition, the subspecies is 

protected from the take prohibitions 

under section 9 of the Act. The 

exclusion leaves these protections 

unchanged from those that would exist 

if the excluded areas were designated as 

critical habitat. 

The subspecies occurs on lands 

protected and managed either explicitly 

for the subspecies or its habitat, or 

indirectly through more general 

objectives to protect natural values. This 

factor acts in concert with the other 

protections provided under the Act for 

these lands absent designation of critical 

habitat on them, and acts in concert 

with protections afforded the subspecies 

by the remaining critical habitat 

designation for the subspecies, which 

leads us to find that exclusion of these 

lands will not result in extinction of the 

Alameda whipsnake. We do not believe 

that this exclusion would result in the 

extinction of the subspecies because the 

subspecies is found in other areas, and 

the ECCHCP/NCCP provides for 

coordinated monitoring and 

conservation of rare, threatened, and 

endangered species, including the 

Alameda whipsnake. 

Relationship of Critical Habitat to 

Approved Management Plans—

Exclusions Under Section 4(b)(2) of the 

Act 

East Bay Regional Park District Lands 

The EBRPD manages 65 regional 

parks, recreation areas, wilderness, 

shorelines, preserves, and land bank 

areas covering over 95,000 ac (34,446 

ha) in Alameda and Contra Costa 

Counties. The EBRPD Board of Directors 

adopted the EBRPD Plan on December 

17, 1996, under Resolution Number 

1996–12–349. The EBRPD Plan provides 

for monitoring and conservation of rare, 

threatened, and endangered species, 

including the Alameda whipsnake. 

Species conservation efforts take 

precedence over other park activities if 

EBRPD activities are determined to have 

a significant adverse effect on rare, 

threatened, or endangered species 

(EBRPD 1997). 

Benefits of Exclusion Outweigh the 

Benefits of Inclusion 

We expect the EBRPD to provide 

substantial protection of the PCEs and 


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special management of essential habitat 

for the Alameda whipsnake on EBRPD 

lands within Unit 4. We expect the 

EBRPD to provide a greater level of 

management for the Alameda 

whipsnake on private lands than would 

designation of critical habitat on private 

lands. Moreover, inclusion of these nonFederal lands as critical habitat would 

not necessitate additional management 

and conservation activities beyond 

those already in place by the EBRPD. 

The EBRPD Plan provides for 

monitoring and conservation of rare, 

threatened, and endangered species, 

including the Alameda whipsnake. 

EBRPD has been actively involved in 

acquisition, preservation, and 

management of whipsnake habitat in 

Alameda and Contra Costa Counties, 

and has been a participant over the last 

14 years on the Alameda whipsnake 

recovery team. Vegetation management 

using several methods, research on the 

effects of such management, restricting 

access to some sensitive areas, and 

habitat enhancement activities on 

mitigation lands are special 

management actions the EBRPD has 

used and continues to use for the 

conservation of the Alameda 

whipsnake. Examples of such efforts in 

Unit 4 include the Clayton Ranch and 

Shell Pipeline Resource Enhancement 

Projects. Nearly 90 percent of the 

EBRPD land holdings are protected and 

managed as natural parklands, thereby 

providing protection for the PCEs 

(Bobzien 2005). As a result, we do not 

anticipate any action on these lands 

would destroy or adversely modify the 

areas designated as critical habitat. 

Therefore, we do not expect that 

including those areas in the final 

designation will lead to any changes to 

actions on the conservation lands to 

avoid destroying or adversely modifying 

that habitat. 

The exclusion of these lands from 

critical habitat would help preserve the 

partnerships that we have developed 

with the EBRPD. The educational 

benefits of critical habitat, including 

informing the public of areas that are 

essential for the long-term conservation 

of the subspecies, are still accomplished 

from material provided on our Web site 

and through public notice-and-comment 

procedures. The public also has been 

informed through the public 

participation that occurred during the 

development of the proposed 

designation and previous listing and 

critical habitat actions for the 

subspecies. For these reasons, we 

believe that designating critical habitat 

within Unit 4 has little benefit in areas 

managed by the EBRPD. 

We have evaluated the conservation 

measures for Alameda whipsnake 

identified by the EBRPD. Based on this 

evaluation, we currently find that the 

benefits of excluding those portions of 

Unit 4 considered essential to the 

conservation of the Alameda whipsnake 

within the boundaries of the EBRPD 

land outweigh the benefits of including 

those portions of land as critical habitat. 

Exclusion Will Not Result in Extinction 

of the Subspecies 

We have determined that exclusion of 

EBRPD lands within Unit 4, although 

considered occupied habitat, would not 

result in the extinction of the Alameda 

whipsnake. Actions that might 

adversely affect the subspecies are 

expected to have a Federal nexus, and 

would thus undergo a consultation with 

the Service under section 7 of the Act. 

The jeopardy standard of section 7 of 

the Act, and routine implementation of 

habitat preservation through the section 

7 process, provide assurance that the 

subspecies will not go extinct. In 

addition, the subspecies is protected by 

the take prohibitions under section 9 of 

the Act. The exclusion leaves these 

protections unchanged from those that 

would exist if the excluded areas were 

designated as critical habitat. 

The subspecies occurs on lands 

protected and managed either explicitly 

for the subspecies or its habitat, or 

indirectly through more general 

objectives to protect natural values. This 

factor acts in concert with the other 

protections provided under the Act for 

these lands absent designation of critical 

habitat on them, and acts in concert 

with protections afforded the subspecies 

by the remaining critical habitat 

designation for the subspecies, which 

leads us to find that exclusion of these 

lands will not result in extinction of the 

Alameda whipsnake. We do not believe 

that this exclusion would result in the 

extinction of the subspecies because the 

subspecies is found in other areas, and 

the EBRPD Plan provides for monitoring 

and conservation of rare, threatened, 

and endangered species, including the 

Alameda whipsnake. EBRPD has been 

actively involved in acquisition, 

preservation, and management of 

whipsnake habitat in Alameda and 

Contra Costa Counties, and has been a 

participant over the last 14 years on the 

Alameda whipsnake recovery team. 

Vegetation management using several 

methods, research on the effects of such 

management, restricting access to some 

sensitive areas, and habitat 

enhancement activities on mitigation 

lands are special management actions 

the EBRPD has used and continues to 

use for the conservation of the Alameda 

whipsnake. Examples of such efforts in 

Unit 4 include the Clayton Ranch and 

Shell Pipeline Resource Enhancement 

Projects. Nearly 90 percent of the 

EBRPD land holdings are protected and 

managed as natural parklands, thereby 

providing protection for the PCEs 

(Bobzien 2005). Species conservation 

efforts take precedence over other park 

activities if EBRPD activities are 

determined to have a significant adverse 

effect on rare, threatened, or endangered 

species (EBRPD 1997). 

Stonebrae Country Club Project Unit 3 

A portion of Unit 3 warrants 

exclusion from the final critical habitat 

designation. Approximately 1,609 ac 

(651 ha) has been considered under a 

Biological Opinion for the Stonebrae 

Country Club project site (formerly Blue 

Rock Country Club) issued by the 

Service on July 12, 2002 (Service File 

Number 1–1–01-F–0275). The project 

will develop a golf course, residences, 

and associated infrastructures, on 302 ac 

(122 ha), about 1,197 ac (484 ha) will be 

dedicated as open space, and 110 ac (45 

ha) will be managed as native vegetation 

buffer between the golf course and open 

space. The open space contains PCEs 

identified in this final rule, and will be 

managed to protect those features. 

Measures will be undertaken to enhance 

the quality of this habitat, reduce the 

effects of adjacent development on 

Alameda whipsnake, and monitor and 

adaptively manage the habitat for the 

Alameda whipsnake. The various 

measures include but are not limited to 

management of vegetation, grazing, fuels 

reduction, and unauthorized vehicle 

access. This management will assist in 

maintaining the essential features found 

on these lands. Based on information 

received during the public comment 

period and GIS analysis, the area we 

evaluated for exclusion is 1,585 ac (641 

ha), which is the area of the project 

which overlaps the proposed critical 

habitat designation. 

Benefits of Inclusion 

There is minimal benefit from 

designating critical habitat for Alameda 

whipsnake within the open space or 

buffer areas because these lands are 

already managed for the conservation of 

the Alameda whipsnake under the 

Biological Opinion. A possible benefit 

of designation as critical habitat would 

be to educate the public, including 

landowners, regarding the conservation 

values of these areas and the habitat 

they support. This may provide 

incentive towards conservation efforts 

of other parties by delineating areas of 

high conservation value for Alameda 

whipsnake. However, the area will 


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already be dedicated to the EBRPD and 

will be managed as public open space 

in perpetuity, and funding for such 

management has been provided. The 

education benefits of critical habitat 

designation will largely be achieved 

through the proposed rule, public 

comment period, and responses. 

Accordingly, the incremental 

educational benefits of designating 

critical habitat on this property are 

small. 

Designation of critical habitat on the 

property would require consultation 

with us for any action undertaken, 

authorized, or funded by a Federal 

agency that may affect the species or its 

designated critical habitat. However, 

such a formal consultation has already 

been completed, and includes sufficient, 

specific management considerations to 

ensure the future protection and 

management of this habitat, as well as 

a requirement for reinitiation of 

consultation should the amount of 

incidental take be exceeded, new 

information reveals effects of the agency 

action on Alameda whipsnake in a 

manner or extent not considered in the 

Biological Opinion, or the agency action 

is subsequently modified in a manner 

that causes an effect other than that 

considered in the Biological Opinion. 

Therefore, the benefit from additional 

consultation resulting from designation 

of critical habitat of this property is 

minimal. 

Benefits of Exclusion 

While a consultation requirement 

associated with critical habitat on an 

already-protected open space area 

would provide little benefit, it would 

consume financial and staff resources 

that could be used for other activities 

such as on-the-ground management of 

listed or sensitive species, including the 

Alameda whipsnake. One benefit of 

exclusion would be to eliminate the 

need for a separate analysis of the 

effects of an action on critical habitat in 

future consultations. The open space 

areas already are currently managed 

through proposed conservation 

measures described in a Mitigation and 

Monitoring Plan (MMP), which will 

ensure that the 1,197 ac (484 ha) of 

habitat will be managed in perpetuity 

through the application of specific 

measures to preserve and optimize 

habitat values for the Alameda 

whipsnake. Such measures include a 

Resource Management Plan for livestock 

grazing and scrub management, rock 

outcrop augmentation, design features 

for the golf course and paths, 

construction fencing, snake trapping 

and relocation, and reporting. These 

measures sufficiently address all special 

management considerations that would 

apply to designated critical habitat. 

These measures are required to be 

implemented as they are part of the 

project description in the Biological 

Opinion. Therefore, the benefits of 

exclusion include relieving the 

regulatory burden and cost that might be 

imposed by critical habitat designation, 

which could divert resources from 

substantive resource protection efforts 

elsewhere to procedural regulatory 

efforts where such protection has 

already been achieved. 

Benefits of Exclusion Outweigh the 

Benefits of Inclusion 

Based on the above considerations, 

and consistent with the direction 

provided in section 4(b)(2) of the Act 

and the Federal District Court decision 

concerning critical habitat (Center for 

Biological Diversity v. Norton, Civ. No. 

01–409 TUC DCB D. Ariz. Jan. 13, 2003), 

we have determined that the benefits of 

excluding the Stonebrae Country Club 

project area as critical habitat outweigh 

the benefits of including it as critical 

habitat for the Alameda whipsnake. The 

area where the whipsnake is known to 

occur is already managed to protect and 

enhance habitat specifically for the 

Alameda whipsnake (e.g., rock outcrop 

augmentation, monitoring and 

providing monitoring reports, managing 

grazing and scrub). Exclusion of these 

lands will not increase the likelihood 

that some other activity would be 

proposed that would appreciably 

diminish the value of the habitat for the 

conservation of the species. In addition, 

we believe that critical habitat 

designation provides little gain in the 

way of increased public recognition for 

special habitat values on lands that are 

expressly managed to protect and 

enhance those values and would deter 

other local conservation efforts for the 

Alameda whipsnake in the Unit. We do 

not believe that this exclusion would 

result in the extinction of the subspecies 

because the MMP and dedication of 

conservation lands to EBRPD will 

preserve about 1,197 ac (484 ha) of 

habitat, enhance or augment rock 

outcrops, enhance grasslands and 

scrublands through grazing, thinning, or 

prescribed burns, and provide for 

regular monitoring and reporting. 

Economic Analysis 

Section 4(b)(2) of the Act requires us 

to designate critical habitat on the basis 

of the best scientific information 

available and to consider the economic 

and other relevant impacts of 

designating a particular area as critical 

habitat. We may exclude areas from 

critical habitat upon a determination 

that the benefits of such exclusions 

outweigh the benefits of specifying such 

areas as critical habitat. We cannot 

exclude such areas from critical habitat 

when such exclusion will result in the 

extinction of the species concerned. 

After publication of the proposed 

critical habitat designation, we 

announced the availability of an 

economic analysis that estimated the 

potential economic effect of the 

designation. The draft analysis was 

made available for public review and 

comment on May 4, 2006 (71 FR 26311). 

We accepted comments on the draft 

analysis until June 5, 2006. 

The primary purpose of the economic 

analysis is to estimate the potential 

economic impacts associated with the 

designation of critical habitat for the 

Alameda whipsnake. This information 

is intended to assist the Secretary in 

making decisions about whether the 

benefits of excluding particular areas 

from the designation outweigh the 

benefits of including those areas in the 

designation based on potential 

economic impacts of the regulation 

under consideration. This economic 

analysis considers the economic 

efficiency effects that may result from 

the designation, including habitat 

protections that may be co-extensive 

with the listing of the species. It also 

addresses distribution of impacts, 

including an assessment of the potential 

effects on small entities and the energy 

industry. This information can be used 

by the Secretary to assess whether the 

effects of the designation might unduly 

burden a particular group or economic 

sector. 

This analysis focuses on the direct 

and indirect costs of the rule. However, 

economic impacts to land use activities 

can exist in the absence of critical 

habitat. These impacts may result from, 

for example, local zoning laws, State 

and natural resource laws, and 

enforceable management plans and best 

management practices applied by other 

State and Federal agencies. Economic 

impacts that result from these types of 

protections are not included in the 

analysis as they are considered to be 

part of the regulatory and policy 

baseline. 

We received comments on the draft 

economic analysis of the proposed 

designation. Following the close of the 

comment period, we reviewed and 

considered the public comments and 

information we received and prepared 

responses to those comments (see 

Responses to Comments section above) 

or incorporated the information or 

changes directly into this final rule or 

our final economic analysis. 


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The May 4, 2006, notice (71 FR 

26311) provides a detailed economics 

section that estimates an economic 

impact of the proposed designation on 

land development of $531,775,546, or 

$46,912,009 annualized over 20 years. 

The revised impact on public projects is 

$524,972. The total revised cost of the 

proposed designation is $532,300,518. 

We evaluated the potential economic 

impact of this designation as identified 

in the draft analysis. Based on this 

evaluation, we believe that there are no 

disproportionate economic impacts that 

warrant exclusion pursuant to section 

4(b)(2) of the Act at this time. 

A copy of the economic analysis with 

supporting documents is available and 

may be obtained by contacting U.S. Fish 

and Wildlife Service, Sacramento Fish 

and Wildlife Office (see ADDRESSES

section). 

Required Determinations 

Regulatory Planning and Review 

In accordance with Executive Order 

12866, this document is a significant 

rule because it may raise novel legal and 

policy issues. On the basis of the final 

economic analysis, we have determined 

that the potential economic impacts of 

this designation is approximately 

$532,300,518. As such, this designation 

will not have an annual effect on the 

economy of $100 million or more or 

affect the economy in a material way. 

Due to the tight timeline for publication 

in the Federal Register, the Office of 

Management and Budget (OMB) has not 

formally reviewed this rule. 

Further, Executive Order 12866 

directs Federal Agencies promulgating 

regulations to evaluate regulatory 

alternatives (Office of Management and 

Budget, Circular A–4, September 17, 

2003). Pursuant to Circular A–4, once it 

has been determined that the Federal 

regulatory action is appropriate, the 

agency will need to consider alternative 

regulatory approaches. Since the 

determination of critical habitat is a 

statutory requirement under the Act, we 

must then evaluate alternative 

regulatory approaches, where feasible, 

when promulgating a designation of 

critical habitat. 

In developing our designations of 

critical habitat, we consider economic 

impacts, impacts to national security, 

and other relevant impacts under 

section 4(b)(2) of the Act. Based on the 

discretion allowable under this 

provision, we may exclude any 

particular area from the designation of 

critical habitat providing that the 

benefits of such exclusion outweigh the 

benefits of specifying the area as critical 

habitat and that such exclusion would 

not result in the extinction of the 

species. As such, we believe that the 

evaluation of the inclusion or exclusion 

of particular areas, or combination 

thereof, in a designation constitutes our 

regulatory alternative analysis. 

As explained above, we prepared an 

economic analysis of this action. We 

used this analysis to meet the 

requirement of section 4(b)(2) of the Act 

to determine the economic 

consequences of designating the specific 

areas as critical habitat. We also used it 

to help determine whether to exclude 

any area from critical habitat, as 

provided for under section 4(b)(2). We 

evaluated the potential economic 

impact of this designation as identified 

in the draft analysis. Based on this 

evaluation, we believe that there are no 

disproportionate economic impacts that 

warrant exclusion pursuant to section 

4(b)(2) of the Act at this time. 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) 

Under the Regulatory Flexibility Act 

(RFA) (as amended by the Small 

Business Regulatory Enforcement 

Fairness Act (SBREFA) of 1996), 

whenever an agency is required to 

publish a notice of rulemaking for any 

proposed or final rule, it must prepare 

and make available for public comment 

a regulatory flexibility analysis that 

describes the effect of the rule on small 

entities (i.e., small businesses, small 

organizations, and small government 

jurisdictions). However, no regulatory 

flexibility analysis is required if the 

head of an agency certifies the rule will 

not have a significant economic impact 

on a substantial number of small 

entities. The SBREFA amended the RFA 

to require Federal agencies to provide a 

statement of factual basis for certifying 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. The SBREFA 

also amended the RFA to require a 

certification statement. 

Small entities include small 

organizations, such as independent 

nonprofit organizations; small 

governmental jurisdictions, including 

school boards and city and town 

governments that serve fewer than 

50,000 residents; as well as small 

businesses. Small businesses include 

manufacturing and mining concerns 

with fewer than 500 employees, 

wholesale trade entities with fewer than 

100 employees, retail and service 

businesses with less than $5 million in 

annual sales, general and heavy 

construction businesses with less than 

$27.5 million in annual business, 

special trade contractors doing less than 

$11.5 million in annual business, and 

agricultural businesses with annual 

sales less than $750,000. To determine 

if potential economic impacts to these 

small entities are significant, we 

consider the types of activities that 

might trigger regulatory impacts under 

this rule, as well as the types of project 

modifications that may result. In 

general, the term ‘‘significant economic 

impact’’ is meant to apply to a typical 

small business firm’s business 

operations. 

To determine if the rule could 

significantly affect a substantial number 

of small entities, we considered the 

number of small entities affected within 

particular types of economic activities 

(e.g., housing development, grazing, oil 

and gas production, timber harvesting). 

We applied the ‘‘substantial number’’

test individually to each industry to 

determine if certification is appropriate. 

However, the SBREFA does not 

explicitly define ‘‘substantial number’’

or ‘‘significant economic impact.’’

Consequently, to assess whether a 

‘‘substantial number’’ of small entities is 

affected by this designation, this 

analysis considers the relative number 

of small entities likely to be impacted in 

an area. In some circumstances, 

especially with critical habitat 

designations of limited extent, we may 

aggregate across all industries and 

consider whether the total number of 

small entities affected is substantial. In 

estimating the number of small entities 

potentially affected, we also consider 

whether their activities have any 

Federal involvement. 

Designation of critical habitat only 

affects activities conducted, funded, or 

permitted by Federal agencies. Some 

kinds of activities are unlikely to have 

any Federal involvement and so will not 

be affected by critical habitat 

designation. In areas where the species 

is present, Federal agencies already are 

required to consult with us under 

section 7 of the Act on activities they 

fund, permit, or implement that may 

affect the Alameda whipsnake. Federal 

agencies also must consult with us if 

their activities may affect critical 

habitat. Designation of critical habitat, 

therefore, could result in an additional 

economic impact on small entities due 

to the requirement to reinitiate 

consultation for ongoing Federal 

activities. 

The designation of critical habitat is 

not expected to result in significant 

small business impacts since revenue 

losses would be less than 1 percent of 

total small business revenues in affected 

areas. The impacts on small business, 

small governments, and small 

nonprofits are expected to be negligible. 

The annual number of affected small 


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firms is less than one for all four 

counties examined. Consequently, less 

than one small firm is projected to have 

annual revenue losses equal to their 

expected annual revenues as a 

consequence of critical habitat 

designation. 

In general, two different mechanisms 

in section 7 consultations could lead to 

additional regulatory requirements for 

the approximately four small 

businesses, on average, that may be 

required to consult with us each year 

regarding a project’s impact on the 

Alameda whipsnake and its habitat. 

First, if we conclude, in a biological 

opinion, that a proposed action is likely 

to jeopardize the continued existence of 

a species or adversely modify its critical 

habitat, we can offer ‘‘reasonable and 

prudent alternatives.’’ Reasonable and 

prudent alternatives are alternative 

actions that can be implemented in a 

manner consistent with the scope of the 

Federal agency’s legal authority and 

jurisdiction, that are economically and 

technologically feasible, and that would 

avoid jeopardizing the continued 

existence of listed species or result in 

adverse modification of critical habitat. 

A Federal agency and an applicant may 

elect to implement a reasonable and 

prudent alternative associated with a 

biological opinion that has found 

jeopardy or adverse modification of 

critical habitat. An agency or applicant 

could alternatively choose to seek an 

exemption from the requirements of the 

Act or proceed without implementing 

the reasonable and prudent alternative. 

However, unless an exemption were 

obtained, the Federal agency or 

applicant would be at risk of violating 

section 7(a)(2) of the Act if it chose to 

proceed without implementing the 

reasonable and prudent alternatives. 

Second, if we find that a proposed 

action is not likely to jeopardize the 

continued existence of a listed animal or 

plant species, we may identify 

reasonable and prudent measures 

designed to minimize the amount or 

extent of take and require the Federal 

agency or applicant to implement such 

measures through non-discretionary 

terms and conditions. We may also 

identify discretionary conservation 

recommendations designed to minimize 

or avoid the adverse effects of a 

proposed action on listed species or 

critical habitat, help implement 

recovery plans, or to develop 

information that could contribute to the 

recovery of the species. 

Based on our experience with 

consultations pursuant to section 7 of 

the Act for all listed species, virtually 

all projects—including those that, in 

their initial proposed form, would result 

in jeopardy or adverse modification 

determinations in section 7 

consultations—can be implemented 

successfully with, at most, the adoption 

of reasonable and prudent alternatives. 

These measures, by definition, must be 

economically feasible and within the 

scope of authority of the Federal agency 

involved in the consultation. We can 

only describe the general kinds of 

actions that may be identified in future 

reasonable and prudent alternatives. 

These are based on our understanding of 

the needs of the subspecies and the 

threats it faces, as described in the final 

listing rule (62 FR 64306) and this 

critical habitat designation. Within the 

final critical habitat units, the types of 

Federal actions or authorized activities 

that we have identified as potential 

concerns are: 

(1) Regulation of activities affecting 

waters of the United States by the U.S. 

Army Corps of Engineers under section 

404 of the Clean Water Act; 

(2) Regulation of water flows, 

damming, diversion, and channelization 

implemented or licensed by Federal 

agencies; 

(3) Road construction and 

maintenance, right-of-way designation, 

and regulation of agricultural activities; 

(4) Hazard mitigation and postdisaster repairs funded by the FEMA; 

and 

(5) Activities funded by the EPA, U.S. 

Department of Energy, or any other 

Federal agency. 

It is likely that a developer or other 

project proponent could modify a 

project or take measures to protect 

Alameda whipsnakes. The kinds of 

actions that may be included if future 

reasonable and prudent alternatives 

become necessary include conservation 

set-asides, management of competing 

non-native species, restoration of 

degraded habitat, and regular 

monitoring. These are based on our 

understanding of the needs of the 

species and the threats it faces, as 

described in the final listing rule (62 FR 

64306) and proposed critical habitat 

designation (70 FR 60607). These 

measures are not likely to result in a 

significant economic impact to project 

proponents. 

In summary, we have considered 

whether this rule would result in a 

significant economic effect on a 

substantial number of small entities. We 

have determined, for the above reasons 

and based on currently available 

information, that it is not likely to affect 

a substantial number of small entities. 

Federal involvement, and thus section 7 

consultations, would be limited to a 

subset of the area designated. The most 

likely Federal involvement could 

include U.S. Army Corps of Engineers 

permits, permits we may issue under 

section 10(a)(1)(B) of the Act, FHA 

funding for road improvements, 

hydropower licenses issued by FERC, 

and activities performed by the 

Department of Energy. A regulatory 

flexibility analysis is not required. 

Small Business Regulatory Enforcement 

Fairness Act (5 U.S.C 801 et seq.) 

Under SBREFA, this rule is not a 

major rule. Our detailed assessment of 

the economic effects of this designation 

is described in the economic analysis. 

Based on the effects identified in the 

economic analysis, we believe that this 

rule will not have an annual effect on 

the economy of $100 million or more, 

will not cause a major increase in costs 

or prices for consumers, and will not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. Refer to 

the final economic analysis for a 

discussion of the effects of this 

determination (see ADDRESSES section 

for information on obtaining a copy of 

the final economic analysis). 

Executive Order 13211 

On May 18, 2001, the President issued 

Executive Order 13211 on regulations 

that significantly affect energy supply, 

distribution, and use. Executive Order 

13211 requires agencies to prepare 

Statements of Energy Effects when 

undertaking certain actions. On the 

basis of the information obtained during 

the development of the economic 

analysis and public comment periods 

for this rulemaking, we have determined 

that this final rule to designate critical 

habitat for the Alameda whipsnake is 

not expected to significantly affect 

energy supplies, distribution, or use. 

Therefore, this action is not a significant 

energy action and no Statement of 

Energy Effects is required. 

Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.) 

In accordance with the Unfunded 

Mandates Reform Act (2 U.S.C. 1501 et 

seq.), we make the following findings: 

(a) This rule will not produce a 

Federal mandate. In general, a Federal 

mandate is a provision in legislation, 

statute, or regulation that would impose 

an enforceable duty upon State, local, 

Tribal governments, or the private sector 

and includes both ‘‘Federal 

intergovernmental mandates’’ and 

‘‘Federal private sector mandates.’’

These terms are defined in 2 U.S.C. 

658(5)–(7). ‘‘Federal intergovernmental 

mandate’’ includes a regulation that 


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‘‘would impose an enforceable duty 

upon State, local, or tribal 

governments,’’ with two exceptions. It 

excludes ‘‘a condition of Federal 

assistance.’’ It also excludes ‘‘a duty 

arising from participation in a voluntary 

Federal program,’’ unless the regulation 

‘‘relates to a then-existing Federal 

program under which $500,000,000 or 

more is provided annually to State, 

local, and tribal governments under 

entitlement authority,’’ if the provision 

would ‘‘increase the stringency of 

conditions of assistance’’ or ‘‘place caps 

upon, or otherwise decrease, the Federal 

Government’s responsibility to provide 

funding’’ and the State, local, or Tribal 

governments ‘‘lack authority’’ to adjust 

accordingly. (At the time of enactment, 

these entitlement programs were: 

Medicaid; AFDC work programs; Child 

Nutrition; Food Stamps; Social Services 

Block Grants; Vocational Rehabilitation 

State Grants; Foster Care, Adoption 

Assistance, and Independent Living; 

Family Support Welfare Services; and 

Child Support Enforcement.) ‘‘Federal 

private sector mandate’’ includes a 

regulation that ‘‘would impose an 

enforceable duty upon the private 

sector, except (i) a condition of Federal 

assistance; or (ii) a duty arising from 

participation in a voluntary Federal 

program.’’

The designation of critical habitat 

does not impose a legally binding duty 

on non-Federal government entities or 

private parties. Under the Act, the only 

regulatory effect is that Federal agencies 

must ensure that their actions do not 

destroy or adversely modify critical 

habitat under section 7. While nonFederal entities who receive Federal 

funding, assistance, or permits or 

otherwise require approval or 

authorization from a Federal agency for 

an action, may be indirectly impacted 

by the designation of critical habitat, the 

legally binding duty to avoid 

destruction or adverse modification of 

critical habitat rests squarely on the 

Federal agency. Furthermore, to the 

extent that non-Federal entities are 

indirectly impacted because they 

receive Federal assistance or participate 

in a voluntary Federal aid program, the 

Unfunded Mandates Reform Act would 

not apply; nor would critical habitat 

shift the costs of the large entitlement 

programs listed above on to State 

governments. 

(b) We do not believe that this rule 

will significantly or uniquely affect 

small governments because it will not 

produce a Federal mandate of $100 

million or greater in any year, that is, it 

is not a ‘‘significant regulatory action’’

under the Unfunded Mandates Reform 

Act. The designation of critical habitat 

imposes no obligations on State or local 

governments. As such, Small 

Government Agency Plan is not 

required. 

Federalism 

In accordance with Executive Order 

13132, the rule does not have significant 

Federalism effects. A Federalism 

assessment is not required. In keeping 

with Department of the Interior and 

Department of Commerce policy, we 

requested information from, and 

coordinated development of, this final 

critical habitat designation with 

appropriate State resource agencies in 

California. The designation of critical 

habitat in areas currently occupied by 

the Alameda whipsnake may impose 

nominal additional regulatory 

restrictions to those currently in place 

and, therefore, may have little 

incremental impact on State and local 

governments and their activities. The 

designation may have some benefit to 

these governments in that the areas that 

contain the features essential to the 

conservation of the subspecies are more 

clearly defined, and the primary 

constituent elements of the habitat 

necessary to the conservation of the 

subspecies are specifically identified. 

While making this definition and 

identification does not alter where and 

what federally sponsored activities may 

occur, it may assist these local 

governments in long-range planning 

(rather than local governments waiting 

for case-by-case section 7 consultations 

to occur). 

Civil Justice Reform 

In accordance with Executive Order 

12988, the Office of the Solicitor has 

determined that the rule does not 

unduly burden the judicial system and 

meets the requirements of sections 3(a) 

and 3(b)(2) of the Order. We are 

designating critical habitat in 

accordance with the provisions of the 

Endangered Species Act. This final rule 

uses standard property descriptions and 

identifies the primary constituent 

elements within the designated areas to 

assist the public in understanding the 

habitat needs of the Alameda 

whipsnake. 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) 

This rule does not contain any new 

collections of information that require 

approval by OMB under the Paperwork 

Reduction Act. This rule will not 

impose recordkeeping or reporting 

requirements on State or local 

governments, individuals, businesses, or 

organizations. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

National Environmental Policy Act 

It is our position that, outside the 

Tenth Circuit, we do not need to 

prepare environmental analyses as 

defined by the NEPA in connection with 

designating critical habitat under the 

Endangered Species Act of 1973, as 

amended. We published a notice 

outlining our reasons for this 

determination in the Federal Register 

on October 25, 1983 (48 FR 49244). This 

assertion was upheld in the courts of the 

Ninth Circuit (Douglas County v. 

Babbitt, 48 F.3d 1495 (9th Cir. Ore. 

1995), cert. denied 116 S. Ct. 698 

(1996)). 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), Executive 

Order 13175, and the Department of 

Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

recognized Federal Tribes on a 

government-to-government basis. We 

have determined that there are no Tribal 

lands occupied at the time of listing that 

contain the features essential for the 

conservation of the subspecies, nor are 

there any unoccupied Tribal lands that 

are essential for the conservation of the 

Alameda whipsnake. Therefore, critical 

habitat for the Alameda whipsnake has 

not been designated on Tribal lands. 

References Cited 

A complete list of all references cited 

in this rulemaking is available upon 

request from the Field Supervisor, 

Sacramento Fish and Wildlife Office 

(see ADDRESSES section). 

Author(s) 

The primary authors of this notice are 

staff from the Sacramento Fish and 

Wildlife Office (see ADDRESSES section). 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

■ Accordingly, we amend part 17, 

subchapter B of chapter I, title 50 of the 

Code of Federal Regulations, as set forth 

below: 


rwilkins on PROD1PC63 with RULES_3
58206 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 

PART 17—[AMENDED] 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500; unless otherwise noted. 

■ 2. In § 17.95(c), revise the entry for 

‘‘Alameda Whipsnake (Masticophis 

lateralis euryxanthus)’’ to read as 

follows: 

§ 17.95 Critical habitat—fish and wildlife. 

* * * * * 

(c) Reptiles. 

* * * * * 

Alameda Whipsnake (Masticophis 

lateralis euryxanthus) 

(1) Critical habitat units are depicted 

for Alameda, Contra Costa, San Joaquin, 

and Santa Clara counties, California, on 

the maps below. 

(2) The primary constituent elements 

(PCEs) of critical habitat for the 

Alameda whipsnake (Masticophis 

lateralis euryxanthus) are the habitat 

components that provide: 

(i) Scrub/shrub communities with a 

mosaic of open and closed canopy: 

Scrub/shrub vegetation dominated by 

low- to medium-stature woody shrubs 

with a mosaic of open and closed 

canopy, as characterized by the 

chamise, chamise-eastwood manzanita, 

chaparral whitethorn, and interior live 

oak shrub vegetation series occurring at 

elevations from sea level to 

approximately 3,850 feet (1,170 meters). 

Such scrub/shrub vegetation within 

these series form a pattern of open and 

closed canopy used by the Alameda 

whipsnake for shelter from predators; 

temperature regulation, because it 

provides sunny and shady locations; 

prey-viewing opportunities; and nesting 

habitat and substrate. These features 

contribute to support a prey base 

consisting of western fence lizards and 

other prey species such as skinks, frogs, 

snakes, and birds. 

(ii) Woodland or annual grassland 

plant communities contiguous to lands 

containing PCE 1: Woodland or annual 

grassland vegetation series comprised of 

one or more of the following: Blue oak, 

coast live oak, California bay, California 

buckeye, and California annual 

grassland vegetation series. This mosaic 

of vegetation supports a prey base 

consisting of western fence lizards and 

other prey species such as skinks, frogs, 

snakes, and birds, and provides 

opportunities for: Foraging, by allowing 

snakes to come in contact with and 

visualize, track, and capture prey 

(especially western fence lizards, along 

with other prey such as skinks, frogs, 

birds); short and long distance dispersal 

within, between, or adjacent to areas 

containing essential features (i.e., PCE 1 

or PCE 3); and contact with other 

Alameda whipsnakes for mating and 

reproduction. 

(iii) Lands containing rock outcrops, 

talus, and small mammal burrows. 

These areas are used for retreats 

(shelter), hibernacula, foraging, and 

dispersal, and provide additional prey 

population support functions. 

(3) Critical habitat does not include 

manmade structures existing on the 

effective date of this rule and not 

containing one or more of the primary 

constituent elements, such as buildings, 

aqueducts, airports, and roads, and the 

land on which such structures are 

located. 

Critical Habitat Unit Maps 

(4) GIS data layers defining map units 

were created on a base of USGS 7.5′ 

quadrangles, and critical habitat units 

were then mapped using Universal 

Transverse Mercator (UTM) coordinates. 

(5) Note: Index map (Map 1) follows: 

BILLING CODE 4310–55–P 


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BILLING CODE 4310–55–C 


rwilkins on PROD1PC63 with RULES_3ER02OC06.000</GPH>
58208 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 

(6) Unit 1: Tilden-Briones Unit, 

Alameda and Contra Costa Counties, 

California. 

(i) From USGS 1:24,000 scale 

quadrangles Benecia, Richmond, 

Briones Valley, Walnut Creek. Land 

bounded by the following UTM Zone 

10, NAD83 coordinates (E, N): 559589, 

4200848; 559600, 4200866; 559610, 

4200873; 559622, 4200883; 559668, 

4200910; 559710, 4200940; 559715, 

4200943; 559727, 4200952; 559753, 

4200969; 559781, 4200994; 559806, 

4201021; 559817, 4201037; 559840, 

4201073; 559850, 4201093; 559874, 

4201113; 559878, 4201115; 559895, 

4201123; 559909, 4201130; 559929, 

4201135; 559955, 4201148; 560009, 

4201170; 560047, 4201192; 560059, 

4201212; 560058, 4201230; 560055, 

4201250; 560049, 4201289; 560047, 

4201306; 560041, 4201332; 560035, 

4201363; 560029, 4201381; 560024, 

4201403; 560018, 4201432; 560016, 

4201456; 560009, 4201486; 560008, 

4201508; 560027, 4201518; 560061, 

4201509; 560277, 4201575; 560304, 

4201584; 560308, 4201587; 560316, 

4201583; 560411, 4201602; 560673, 

4201602; 560694, 4201602; 560784, 

4201604; 560794, 4201635; 560795, 

4201674; 560794, 4201701; 560795, 

4201737; 560793, 4201770; 560784, 

4201808; 560789, 4201847; 560781, 

4201888; 560778, 4201912; 560787, 

4201944; 560802, 4201953; 560814, 

4201960; 560827, 4201961; 560841, 

4201962; 560859, 4201967; 560885, 

4201957; 560924, 4201964; 560963, 

4201972; 561010, 4201974; 561046, 

4201975; 561085, 4201974; 561112, 

4201969; 561131, 4201962; 561143, 

4201941; 561158, 4201908; 561162, 

4201880; 561176, 4201857; 561200, 

4201847; 561244, 4201832; 561286, 

4201830; 561337, 4201830; 561384, 

4201835; 561422, 4201840; 561464, 

4201835; 561497, 4201814; 561518, 

4201778; 561523, 4201757; 561522, 

4201714; 561523, 4201670; 561535, 

4201628; 561567, 4201583; 561633, 

4201578; 561664, 4201585; 561676, 

4201599; 561698, 4201630; 561743, 

4201673; 561773, 4201694; 561793, 

4201727; 561809, 4201771; 561825, 

4201815; 561840, 4201826; 561863, 

4201820; 561892, 4201798; 561922, 

4201775; 561950, 4201759; 561983, 

4201753; 562031, 4201743; 562087, 

4201741; 562142, 4201740; 562201, 

4201735; 562251, 4201731; 562327, 

4201726; 562402, 4201715; 562451, 

4201695; 562483, 4201684; 562515, 

4201676; 562520, 4201673; 562524, 

4201668; 562648, 4201533; 562609, 

4201434; 562618, 4201405; 562618, 

4201401; 562629, 4201363; 562660, 

4201340; 562698, 4201311; 562741, 

4201294; 562778, 4201281; 562820, 

4201273; 562852, 4201262; 562877, 

4201265; 562892, 4201277; 562923, 

4201298; 562949, 4201336; 562974, 

4201369; 563001, 4201384; 563007, 

4201373; 563208, 4201106; 563205, 

4201067; 563205, 4201065; 563161, 

4201021; 563142, 4200970; 563186, 

4200952; 563142, 4200832; 563139, 

4200818; 563123, 4200790; 563125, 

4200770; 563146, 4200742; 563162, 

4200718; 563186, 4200699; 563215, 

4200696; 563243, 4200706; 563272, 

4200721; 563288, 4200746; 563308, 

4200752; 563332, 4200763; 563376, 

4200779; 563421, 4200784; 563442, 

4200782; 563501, 4200700; 563552, 

4200705; 563575, 4200685; 563598, 

4200656; 563709, 4200752; 563829, 

4200743; 564014, 4200365; 564039, 

4200383; 564043, 4200372; 564054, 

4200336; 564087, 4200298; 564131, 

4200262; 564176, 4200238; 564206, 

4200230; 564240, 4200230; 564288, 

4200239; 564318, 4200251; 564348, 

4200269; 564383, 4200299; 564422, 

4200330; 564466, 4200350; 564498, 

4200363; 564540, 4200391; 564575, 

4200417; 564612, 4200445; 564623, 

4200459; 564628, 4200460; 564628, 

4200465; 564626, 4200508; 564625, 

4200550; 564601, 4200580; 564489, 

4200581; 564471, 4200581; 564471, 

4200584; 564477, 4200616; 564487, 

4200636; 564471, 4200649; 564475, 

4200653; 564528, 4200688; 564593, 

4200648; 564634, 4200740; 564648, 

4200799; 564514, 4200855; 564437, 

4200917; 564365, 4200985; 564332, 

4201032; 564294, 4201014; 564285, 

4201011; 564265, 4201031; 564236, 

4201060; 564207, 4201086; 564224, 

4201161; 564184, 4201193; 564147, 

4201209; 564148, 4201210; 564178, 

4201233; 564210, 4201259; 564246, 

4201295; 564274, 4201321; 564316, 

4201359; 564319, 4201361; 564442, 

4201318; 564455, 4201349; 564461, 

4201348; 564501, 4201340; 564549, 

4201331; 564564, 4201357; 564567, 

4201388; 564566, 4201432; 564555, 

4201478; 564531, 4201503; 564495, 

4201540; 564480, 4201553; 564654, 

4201564; 564602, 4201626; 564638, 

4201649; 564692, 4201649; 564764, 

4201721; 564810, 4201767; 564900, 

4201803; 564973, 4201957; 565036, 

4202002; 565145, 4201993; 565263, 

4202011; 565354, 4202038; 565390, 

4201984; 565444, 4201984; 565535, 

4201921; 565616, 4201757; 565689, 

4201739; 565707, 4201776; 565761, 

4201748; 565807, 4201767; 565825, 

4201803; 565916, 4201839; 565943, 

4201739; 565861, 4201667; 565816, 

4201585; 565816, 4201522; 565897, 

4201576; 566015, 4201603; 566079, 

4201522; 566197, 4201495; 566287, 

4201513; 566323, 4201540; 566396, 

4201549; 566441, 4201612; 566423, 

4201694; 566378, 4201803; 566342, 

4201893; 566278, 4201975; 566233, 

4202066; 566224, 4202093; 566242, 

4202183; 566251, 4202256; 566414, 

4202156; 566421, 4202175; 566459, 

4202274; 566532, 4202637; 566577, 

4203099; 566668, 4203507; 567592, 

4204522; 568182, 4205111; 568472, 

4205447; 568476, 4205455; 568831, 

4206130; 568847, 4206125; 568875, 

4206127; 568906, 4206134; 568926, 

4206141; 568939, 4206151; 568947, 

4206174; 568941, 4206195; 568937, 

4206225; 568932, 4206254; 568928, 

4206288; 568927, 4206308; 568925, 

4206339; 568921, 4206370; 568913, 

4206408; 568910, 4206442; 568899, 

4206491; 568895, 4206528; 568900, 

4206560; 568915, 4206578; 568948, 

4206582; 568959, 4206575; 568975, 

4206565; 568998, 4206552; 569027, 

4206533; 569052, 4206513; 569089, 

4206488; 569127, 4206468; 569163, 

4206457; 569207, 4206436; 569241, 

4206414; 569271, 4206411; 569306, 

4206389; 569333, 4206380; 569376, 

4206378; 569391, 4206415; 569400, 

4206433; 569400, 4206513; 569403, 

4206596; 569397, 4206647; 569375, 

4206689; 569320, 4206753; 569275, 

4206791; 569231, 4206839; 569195, 

4206859; 569173, 4206878; 569173, 

4206904; 569224, 4206929; 569269, 

4206942; 569317, 4206952; 569368, 

4206958; 569439, 4206971; 569512, 

4206993; 569560, 4207000; 569653, 

4207009; 569717, 4207019; 569781, 

4207019; 569826, 4207028; 569839, 

4207044; 569861, 4207055; 569880, 

4207074; 569899, 4207089; 569928, 

4207115; 569965, 4207146; 570045, 

4207198; 570111, 4207248; 570172, 

4207285; 570215, 4207316; 570262, 

4207355; 570304, 4207381; 570355, 

4207412; 570424, 4207449; 570451, 

4207464; 570507, 4207492; 570534, 

4207505; 570605, 4207531; 570687, 

4207563; 570733, 4207594; 570760, 

4207613; 570788, 4207630; 570820, 

4207650; 570850, 4207667; 570868, 

4207677; 570918, 4207695; 570966, 

4207705; 571001, 4207706; 571057, 

4207695; 571070, 4207694; 571112, 

4207711; 571145, 4207731; 571159, 

4207740; 571170, 4207748; 571214, 

4207783; 571248, 4207829; 571264, 

4207848; 571286, 4207865; 571309, 

4207875; 571370, 4207888; 571421, 

4207892; 571456, 4207896; 571497, 

4207895; 571550, 4207894; 571617, 

4207896; 571671, 4207893; 571706, 

4207895; 571744, 4207892; 571777, 

4207886; 571811, 4207880; 571860, 

4207871; 571900, 4207859; 571961, 

4207836; 571997, 4207824; 572010, 

4207821; 572096, 4207796; 572124, 


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Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 58209 

4207776; 572155, 4207742; 572185, 

4207709; 572219, 4207674; 572245, 

4207647; 572261, 4207633; 572291, 

4207609; 572309, 4207594; 572318, 

4207585; 572336, 4207561; 572350, 

4207536; 572369, 4207506; 572385, 

4207476; 572402, 4207449; 572424, 

4207421; 572450, 4207395; 572491, 

4207352; 572526, 4207323; 572564, 

4207295; 572589, 4207272; 572622, 

4207237; 572641, 4207215; 572666, 

4207187; 572699, 4207151; 572733, 

4207112; 572768, 4207070; 572791, 

4207041; 572815, 4207014; 572831, 

4206995; 572845, 4206979; 572858, 

4206959; 572864, 4206944; 572878, 

4206912; 572881, 4206900; 572897, 

4206859; 572909, 4206820; 572924, 

4206769; 572934, 4206708; 572945, 

4206655; 572950, 4206603; 572952, 

4206576; 572955, 4206545; 572957, 

4206510; 572963, 4206472; 572969, 

4206440; 572976, 4206417; 572987, 

4206395; 573004, 4206355; 573022, 

4206317; 573043, 4206272; 573057, 

4206243; 573073, 4206211; 573094, 

4206178; 573116, 4206145; 573133, 

4206121; 573147, 4206103; 573180, 

4206076; 573205, 4206061; 573239, 

4206048; 573264, 4206043; 573281, 

4206042; 573300, 4206040; 573350, 

4206038; 573368, 4206037; 573405, 

4206034; 573453, 4206014; 573478, 

4205993; 573511, 4205970; 573542, 

4205949; 573613, 4205923; 573679, 

4205909; 573702, 4205901; 573714, 

4205898; 573740, 4205895; 573800, 

4205892; 573879, 4205889; 573957, 

4205890; 574007, 4205890; 574050, 

4205891; 574081, 4205892; 574182, 

4205885; 574218, 4205871; 574272, 

4205858; 574344, 4205841; 574407, 

4205826; 574430, 4205822; 574472, 

4205813; 574520, 4205802; 574554, 

4205797; 574589, 4205795; 574638, 

4205745; 574687, 4205708; 574737, 

4205663; 574789, 4205614; 574835, 

4205564; 574873, 4205508; 574890, 

4205463; 574898, 4205445; 574925, 

4205416; 574947, 4205386; 574948, 

4205327; 574950, 4205216; 574953, 

4205090; 574988, 4205087; 575042, 

4204930; 575062, 4204924; 575111, 

4204861; 575111, 4204836; 575172, 

4204793; 575241, 4204764; 575416, 

4204759; 575468, 4204711; 575555, 

4204713; 575553, 4204762; 575663, 

4204768; 575768, 4204779; 575854, 

4204792; 575859, 4204779; 576227, 

4204939; 576222, 4204952; 576383, 

4205009; 576392, 4205002; 576402, 

4204994; 576413, 4204977; 576471, 

4204831; 576517, 4204744; 576518, 

4204744; 576520, 4204737; 576537, 

4204692; 576563, 4204635; 576588, 

4204586; 576613, 4204538; 576635, 

4204495; 576656, 4204446; 576675, 

4204407; 576700, 4204359; 576724, 

4204321; 576743, 4204271; 576754, 

4204241; 576770, 4204197; 576783, 

4204152; 576795, 4204097; 576800, 

4204053; 576795, 4204005; 576791, 

4203960; 576765, 4203912; 576750, 

4203894; 576765, 4203871; 576573, 

4203766; 576477, 4203728; 576427, 

4203685; 576426, 4203684; 576431, 

4203680; 576441, 4203672; 576448, 

4203667; 576465, 4203672; 576511, 

4203685; 576513, 4203685; 576546, 

4203664; 576700, 4203708; 576700, 

4203694; 576699, 4203675; 576712, 

4203673; 576729, 4203671; 576712, 

4203531; 576654, 4203432; 576645, 

4203426; 576637, 4203399; 576627, 

4203344; 576616, 4203317; 576612, 

4203308; 576609, 4203299; 576608, 

4203299; 576585, 4203295; 576559, 

4203305; 576542, 4203296; 576528, 

4203277; 576518, 4203265; 576494, 

4203262; 576457, 4203257; 576412, 

4203264; 576358, 4203250; 576332, 

4203263; 576215, 4203352; 576217, 

4203332; 576218, 4203332; 576218, 

4203330; 576219, 4203319; 576156, 

4203317; 576140, 4203316; 576129, 

4203292; 576136, 4203265; 575971, 

4203325; 575985, 4203337; 575981, 

4203430; 575812, 4203328; 575812, 

4203328; 575813, 4203332; 575793, 

4203351; 575733, 4203379; 575600, 

4203414; 575550, 4203365; 575550, 

4203365; 575544, 4203371; 575528, 

4203379; 575484, 4203433; 575442, 

4203433; 575406, 4203351; 575400, 

4203338; 575394, 4203338; 574863, 

4203334; 574863, 4203334; 574816, 

4203333; 574814, 4203317; 574805, 

4203293; 574789, 4203257; 574773, 

4203228; 574746, 4203193; 574722, 

4203163; 574695, 4203133; 574665, 

4203106; 574677, 4203080; 574665, 

4203035; 574719, 4202955; 574744, 

4202888; 574773, 4202784; 574779, 

4202765; 574777, 4202755; 574769, 

4202706; 574785, 4202699; 574788, 

4202678; 574793, 4202627; 574798, 

4202578; 574803, 4202544; 574446, 

4202541; 574352, 4202580; 574354, 

4202445; 574446, 4202434; 574534, 

4202424; 574559, 4202422; 574596, 

4202398; 574639, 4202361; 574686, 

4202347; 574749, 4202325; 574734, 

4202316; 574700, 4202310; 574679, 

4202319; 574650, 4202325; 574622, 

4202340; 574597, 4202348; 574566, 

4202347; 574557, 4202331; 574564, 

4202309; 574574, 4202293; 574593, 

4202276; 574623, 4202258; 574654, 

4202248; 574684, 4202238; 574706, 

4202226; 574737, 4202205; 574758, 

4202188; 574781, 4202170; 574781, 

4202172; 574783, 4202184; 574846, 

4202186; 574855, 4202199; 574862, 

4202235; 574877, 4202256; 574927, 

4202280; 574933, 4202300; 574974, 

4202269; 574973, 4202239; 574964, 

4201505; 575052, 4201535; 575241, 

4201597; 575195, 4201668; 575198, 

4201759; 575232, 4201791; 575271, 

4201928; 575242, 4201927; 575276, 

4202021; 575534, 4202030; 575603, 

4201994; 575630, 4201998; 575934, 

4202051; 576037, 4201903; 575925, 

4201664; 575940, 4201645; 575959, 

4201630; 575979, 4201619; 576000, 

4201612; 576024, 4201610; 576038, 

4201606; 576045, 4201614; 576066, 

4201544; 576150, 4201518; 576170, 

4201561; 576165, 4201595; 576222, 

4201746; 576282, 4201829; 576248, 

4201881; 576272, 4201920; 576235, 

4201988; 576323, 4202106; 576390, 

4202154; 576421, 4202154; 576452, 

4202128; 576506, 4202156; 576554, 

4202156; 576553, 4202325; 576572, 

4202357; 576752, 4202358; 576822, 

4202289; 576913, 4202375; 576922, 

4202382; 576934, 4202365; 576961, 

4202338; 576988, 4202306; 577016, 

4202282; 577035, 4202279; 577057, 

4202280; 577079, 4202300; 577096, 

4202321; 577104, 4202338; 577110, 

4202362; 577127, 4202369; 577142, 

4202361; 577143, 4202360; 577165, 

4202394; 577276, 4202319; 577286, 

4202312; 577299, 4202332; 577351, 

4202409; 577375, 4202446; 577370, 

4202469; 577358, 4202508; 577328, 

4202547; 577295, 4202574; 577291, 

4202575; 577261, 4202610; 577272, 

4202622; 577191, 4202613; 577186, 

4202604; 577102, 4202647; 577004, 

4202699; 576997, 4202698; 576967, 

4202695; 576954, 4202695; 576903, 

4202757; 576898, 4202764; 576879, 

4202771; 576865, 4202787; 576861, 

4202806; 576863, 4202821; 576864, 

4202822; 576857, 4202826; 576834, 

4202850; 576825, 4202860; 576810, 

4202852; 576807, 4202859; 576803, 

4202885; 576806, 4202886; 576806, 

4202886; 576795, 4202904; 576806, 

4202918; 576804, 4202960; 576824, 

4202960; 576829, 4203023; 576828, 

4203083; 576809, 4203080; 576809, 

4203083; 576811, 4203113; 576822, 

4203124; 576826, 4203141; 576871, 

4203175; 576875, 4203164; 576875, 

4203164; 576876, 4203165; 576897, 

4203150; 576931, 4203258; 576973, 

4203390; 576955, 4203427; 576963, 

4203455; 576949, 4203459; 576995, 

4203594; 577025, 4203581; 577050, 

4203637; 577032, 4203654; 577085, 

4203711; 577062, 4203730; 577063, 

4203731; 577045, 4203748; 577064, 

4203768; 577070, 4203780; 577090, 

4203780; 577122, 4203780; 577152, 

4203809; 577123, 4203838; 577122, 

4203839; 577126, 4203855; 577126, 

4203856; 577128, 4203858; 577130, 

4203871; 577129, 4203872; 577128, 

4203872; 577123, 4203886; 577128, 

4203890; 577248, 4203967; 577503, 


rwilkins on PROD1PC63 with RULES_3
58210 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 

4204117; 577524, 4204130; 577581, 

4204065; 577547, 4204027; 577516, 

4203997; 577478, 4203946; 577496, 

4203906; 577427, 4203867; 577404, 

4203859; 577381, 4203855; 577356, 

4203855; 577348, 4203849; 577347, 

4203843; 577350, 4203832; 577354, 

4203829; 577370, 4203789; 577398, 

4203786; 577468, 4203821; 577544, 

4203867; 577613, 4203946; 577628, 

4203963; 577637, 4203955; 577728, 

4203834; 577827, 4203697; 577839, 

4203724; 577842, 4203721; 577878, 

4203682; 577922, 4203646; 577968, 

4203601; 578004, 4203568; 578032, 

4203538; 578036, 4203533; 577989, 

4203469; 578035, 4203421; 578041, 

4203420; 578026, 4203410; 577997, 

4203384; 577972, 4203354; 577964, 

4203342; 577926, 4203313; 577834, 

4203315; 577836, 4203269; 577888, 

4203272; 577940, 4203186; 577956, 

4203244; 577966, 4203246; 578004, 

4203264; 578032, 4203296; 578067, 

4203326; 578090, 4203349; 578146, 

4203330; 578173, 4203288; 578187, 

4203263; 578199, 4203229; 578202, 

4203204; 578222, 4203168; 578242, 

4203139; 578238, 4203134; 578287, 

4203060; 578331, 4202980; 578377, 

4203024; 578400, 4203000; 578413, 

4203008; 578439, 4202982; 578457, 

4202958; 578472, 4202938; 578479, 

4202910; 578463, 4202880; 578446, 

4202864; 578404, 4202846; 578354, 

4202821; 578317, 4202804; 578296, 

4202788; 578283, 4202763; 578294, 

4202728; 578311, 4202694; 578326, 

4202674; 578342, 4202655; 578380, 

4202644; 578420, 4202642; 578455, 

4202648; 578497, 4202651; 578536, 

4202658; 578585, 4202686; 578609, 

4202712; 578640, 4202741; 578659, 

4202763; 578673, 4202772; 578690, 

4202774; 578708, 4202769; 578735, 

4202752; 578755, 4202730; 578782, 

4202696; 578808, 4202675; 578840, 

4202679; 578866, 4202692; 578904, 

4202707; 578945, 4202699; 578955, 

4202695; 578979, 4202684; 579013, 

4202665; 579036, 4202647; 579053, 

4202628; 579077, 4202605; 579074, 

4202582; 579068, 4202577; 579053, 

4202561; 579022, 4202548; 578985, 

4202534; 578959, 4202523; 578952, 

4202505; 578944, 4202480; 578933, 

4202447; 578907, 4202425; 578880, 

4202417; 578843, 4202414; 578797, 

4202416; 578774, 4202415; 578748, 

4202413; 578745, 4202394; 578760, 

4202376; 578802, 4202363; 578839, 

4202358; 578866, 4202350; 578689, 

4202259; 578647, 4202240; 578514, 

4202180; 578556, 4202165; 578418, 

4202044; 578395, 4202016; 578347, 

4201956; 578167, 4202075; 578180, 

4202322; 578129, 4202378; 578067, 

4202323; 578065, 4202314; 578053, 

4202305; 578040, 4202279; 578030, 

4202240; 578016, 4202196; 578006, 

4202168; 577990, 4202146; 577967, 

4202130; 577933, 4202116; 577896, 

4202112; 577877, 4202109; 577851, 

4202131; 577816, 4202100; 577782, 

4202069; 577749, 4202101; 577564, 

4202280; 577529, 4202245; 577485, 

4202199; 577485, 4202199; 577485, 

4202198; 577460, 4202173; 577370, 

4202080; 577376, 4202072; 577433, 

4202019; 577363, 4201778; 577331, 

4201778; 577332, 4201711; 577396, 

4201713; 577394, 4201779; 577428, 

4201779; 577430, 4201779; 577512, 

4201779; 577530, 4201779; 577537, 

4201779; 577537, 4201770; 577538, 

4201706; 577545, 4201705; 577544, 

4201700; 577540, 4201671; 577542, 

4201638; 577541, 4201632; 577538, 

4201611; 577536, 4201564; 577534, 

4201530; 577538, 4201529; 577538, 

4201402; 577538, 4201293; 577537, 

4201253; 577536, 4201192; 577535, 

4201120; 577534, 4201081; 577536, 

4201079; 577534, 4201077; 577533, 

4201030; 577538, 4200585; 577552, 

4200594; 577608, 4200632; 577613, 

4200617; 577621, 4200607; 577640, 

4200605; 577659, 4200614; 577681, 

4200630; 577705, 4200650; 577728, 

4200669; 577767, 4200692; 577786, 

4200702; 577810, 4200710; 577827, 

4200701; 577834, 4200697; 577849, 

4200689; 578289, 4200465; 578511, 

4200312; 578408, 4200202; 578408, 

4200201; 578384, 4200180; 578284, 

4200090; 578248, 4200058; 578332, 

4199980; 578336, 4199979; 578335, 

4199978; 578400, 4199934; 578410, 

4199922; 578467, 4199857; 578476, 

4199822; 578457, 4199735; 578361, 

4199646; 578289, 4199669; 578237, 

4199677; 578204, 4199683; 578151, 

4199678; 578145, 4199661; 578199, 

4199638; 578317, 4199588; 578296, 

4199524; 578257, 4199464; 578209, 

4199408; 578213, 4199362; 578134, 

4199277; 578107, 4199251; 578080, 

4199250; 578043, 4199213; 577984, 

4199186; 578027, 4199158; 578065, 

4199194; 578090, 4199182; 578063, 

4199113; 578034, 4199097; 577976, 

4199082; 577965, 4199072; 577947, 

4199026; 577934, 4198990; 577989, 

4199022; 578085, 4199082; 578120, 

4199131; 578127, 4199141; 578202, 

4199253; 578307, 4199384; 578293, 

4199408; 578332, 4199460; 578353, 

4199450; 578376, 4199468; 578490, 

4199606; 578558, 4199671; 578548, 

4199703; 578627, 4199727; 578664, 

4199697; 578679, 4199663; 578696, 

4199653; 578746, 4199655; 578798, 

4199609; 578909, 4199444; 578515, 

4199325; 578494, 4199343; 578464, 

4199342; 578443, 4199319; 578444, 

4199289; 578465, 4199270; 578318, 

4199132; 578347, 4199129; 578393, 

4199102; 578412, 4199086; 578431, 

4199059; 578437, 4199032; 578442, 

4199010; 578428, 4198978; 578417, 

4198958; 578414, 4198942; 578402, 

4198941; 578203, 4199021; 578194, 

4199011; 578213, 4198971; 578220, 

4198933; 578265, 4198888; 578279, 

4198865; 578289, 4198800; 578291, 

4198793; 578298, 4198747; 578130, 

4198670; 578107, 4198717; 578107, 

4198717; 578063, 4198646; 577915, 

4198592; 577914, 4198585; 577904, 

4198580; 577903, 4198581; 577892, 

4198559; 577878, 4198531; 577861, 

4198504; 577848, 4198471; 577827, 

4198453; 577815, 4198437; 577799, 

4198413; 577796, 4198408; 577864, 

4198261; 577830, 4198271; 577780, 

4198264; 577731, 4198288; 577714, 

4198260; 577674, 4198299; 577671, 

4198289; 577672, 4198262; 577673, 

4198232; 577679, 4198218; 577680, 

4198196; 577686, 4198176; 577686, 

4198160; 577688, 4198146; 577688, 

4198118; 577689, 4198097; 577690, 

4198088; 577690, 4198078; 577682, 

4198058; 577672, 4198043; 577649, 

4198017; 577622, 4197994; 577589, 

4197982; 577556, 4197977; 577556, 

4197951; 577562, 4197928; 577572, 

4197905; 577584, 4197874; 577593, 

4197853; 577591, 4197828; 577567, 

4197811; 577536, 4197821; 577516, 

4197831; 577515, 4197831; 577516, 

4197830; 577508, 4197762; 577429, 

4197762; 577430, 4197756; 577441, 

4197730; 577451, 4197711; 577474, 

4197673; 577482, 4197666; 577488, 

4197672; 577535, 4197621; 577555, 

4197599; 577613, 4197520; 577653, 

4197458; 577684, 4197403; 577722, 

4197348; 577734, 4197239; 577737, 

4197211; 577741, 4197160; 577742, 

4197127; 577730, 4197021; 577724, 

4196998; 577737, 4196969; 577766, 

4196954; 577768, 4196921; 577735, 

4196882; 577708, 4196898; 577708, 

4196898; 577688, 4196910; 577627, 

4196905; 577596, 4196918; 577546, 

4196938; 577521, 4196951; 577509, 

4196935; 577483, 4196947; 577435, 

4196939; 577460, 4196893; 577412, 

4196906; 577402, 4196908; 577399, 

4196911; 577333, 4196950; 577294, 

4196957; 577242, 4196987; 577243, 

4196904; 577245, 4196840; 577377, 

4196780; 577413, 4196717; 577438, 

4196720; 577539, 4196735; 577571, 

4196739; 577621, 4196706; 577720, 

4196591; 577741, 4196567; 577710, 

4196462; 577815, 4196397; 577817, 

4196396; 577881, 4196284; 577926, 

4196101; 577928, 4196094; 577946, 

4196033; 577878, 4195883; 577945, 

4195861; 578135, 4195648; 578135, 

4195648; 578137, 4195644; 578141, 

4195630; 578143, 4195624; 578143, 


rwilkins on PROD1PC63 with RULES_3
Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 58211 

4195624; 578090, 4195543; 578080, 

4195527; 578055, 4195549; 577980, 

4195616; 577981, 4195723; 577981, 

4195727; 577961, 4195734; 577958, 

4195735; 577905, 4195718; 577877, 

4195669; 577822, 4195567; 577760, 

4195614; 577761, 4195616; 577772, 

4195630; 577777, 4195636; 577691, 

4195699; 577663, 4195678; 577612, 

4195640; 577578, 4195615; 577329, 

4195684; 577312, 4195688; 577246, 

4195707; 577160, 4195731; 577157, 

4195732; 577125, 4195731; 577072, 

4195730; 577077, 4195742; 577099, 

4195794; 577015, 4195791; 577022, 

4195747; 577019, 4195743; 577017, 

4195742; 577026, 4195729; 577008, 

4195728; 576942, 4195727; 576926, 

4195727; 576931, 4195700; 576950, 

4195592; 576895, 4195531; 576936, 

4195472; 576945, 4195478; 576952, 

4195482; 576961, 4195457; 576950, 

4195432; 576946, 4195423; 576949, 

4195401; 576946, 4195383; 576932, 

4195362; 576929, 4195344; 576935, 

4195311; 576935, 4195310; 576940, 

4195281; 576920, 4195284; 576914, 

4195285; 576861, 4195294; 576813, 

4195302; 576803, 4195304; 576757, 

4195323; 576670, 4195356; 576668, 

4195357; 576669, 4195358; 576705, 

4195420; 576704, 4195475; 576626, 

4195509; 576615, 4195496; 576613, 

4195494; 576580, 4195522; 576594, 

4195548; 576538, 4195578; 576499, 

4195511; 576477, 4195438; 576469, 

4195413; 576454, 4195412; 576389, 

4195415; 576358, 4195435; 576296, 

4195474; 576238, 4195511; 576169, 

4195539; 576170, 4195542; 576170, 

4195542; 576090, 4195574; 576020, 

4195551; 575992, 4195558; 575787, 

4195668; 575829, 4195785; 575829, 

4195785; 575837, 4195804; 575844, 

4195867; 575776, 4195887; 575766, 

4195866; 575745, 4195856; 575707, 

4195858; 575653, 4195884; 575639, 

4195878; 575622, 4195870; 575591, 

4195870; 575590, 4196115; 575260, 

4196113; 575179, 4196112; 575019, 

4196111; 574968, 4196111; 574917, 

4196111; 574872, 4196072; 574860, 

4196005; 574704, 4196004; 574702, 

4196110; 574633, 4196109; 574290, 

4196108; 574366, 4196205; 574365, 

4196436; 574365, 4196444; 574326, 

4196475; 574294, 4196481; 574227, 

4196520; 574173, 4196532; 574112, 

4196537; 574000, 4196554; 573946, 

4196599; 573918, 4196596; 573891, 

4196576; 573830, 4196635; 573840, 

4196652; 573757, 4196656; 573758, 

4196566; 573750, 4196552; 573588, 

4196643; 573365, 4196769; 573237, 

4196937; 572967, 4196827; 572909, 

4196822; 572715, 4196763; 572675, 

4196764; 572599, 4196749; 572520, 

4196762; 572458, 4196795; 572422, 

4196970; 572342, 4197052; 572025, 

4197097; 571893, 4197104; 571721, 

4197127; 571489, 4197179; 571327, 

4197231; 571031, 4197288; 571036, 

4197334; 570991, 4197340; 570955, 

4197362; 570939, 4197372; 570919, 

4197410; 570873, 4197450; 570800, 

4197494; 570797, 4197491; 570794, 

4197497; 570737, 4197520; 570687, 

4197495; 570620, 4197478; 570582, 

4197421; 570564, 4197372; 570546, 

4197296; 570513, 4197291; 570439, 

4197280; 570481, 4197264; 570505, 

4197245; 570540, 4197220; 570529, 

4197198; 570492, 4197209; 570433, 

4197226; 570473, 4197138; 570360, 

4197057; 570301, 4197053; 570303, 

4197014; 570266, 4196934; 570274, 

4196922; 570249, 4196902; 570265, 

4196829; 570235, 4196805; 570245, 

4196764; 570265, 4196669; 570265, 

4196627; 570265, 4196568; 570293, 

4196500; 570298, 4196498; 570294, 

4196490; 570343, 4196413; 570371, 

4196368; 570323, 4196259; 570185, 

4196258; 570186, 4196221; 570182, 

4196076; 570191, 4196075; 570447, 

4196078; 570428, 4195831; 570413, 

4195618; 570626, 4195533; 570848, 

4195445; 570778, 4195390; 570184, 

4194917; 570160, 4194904; 570115, 

4194878; 570071, 4194857; 570058, 

4194848; 570056, 4194834; 569756, 

4194603; 569733, 4194586; 569640, 

4194514; 569633, 4194514; 569631, 

4194510; 569554, 4194466; 569507, 

4194430; 569495, 4194402; 569413, 

4194308; 569257, 4194294; 569224, 

4194317; 568839, 4194095; 568798, 

4193986; 568832, 4193941; 568867, 

4193955; 568902, 4193912; 568958, 

4193839; 568372, 4193367; 568401, 

4193278; 568467, 4193201; 568479, 

4193179; 568497, 4193087; 568500, 

4193074; 568535, 4192993; 568652, 

4192885; 568829, 4192725; 568816, 

4192719; 568794, 4192710; 568668, 

4192690; 568516, 4192684; 568350, 

4192684; 568198, 4192684; 568154, 

4192688; 568059, 4192697; 567874, 

4192737; 567735, 4192796; 567596, 

4192862; 567470, 4192915; 567365, 

4192955; 567193, 4193015; 567014, 

4193041; 566895, 4193034; 566776, 

4192988; 566650, 4192915; 566650, 

4192915; 566627, 4192907; 566624, 

4192906; 566624, 4192905; 566624, 

4192905; 566597, 4192895; 566552, 

4192888; 566521, 4192917; 566488, 

4192936; 566462, 4192947; 566440, 

4192960; 566427, 4192961; 566400, 

4192966; 566374, 4192986; 566356, 

4193003; 566343, 4193028; 566329, 

4193054; 566313, 4193082; 566303, 

4193114; 566300, 4193137; 566308, 

4193173; 566304, 4193194; 566299, 

4193206; 566295, 4193224; 566289, 

4193242; 566272, 4193263; 566264, 

4193283; 566257, 4193304; 566244, 

4193328; 566218, 4193353; 566191, 

4193372; 566172, 4193392; 566153, 

4193417; 566142, 4193427; 566130, 

4193452; 566116, 4193473; 566110, 

4193492; 566107, 4193514; 566107, 

4193528; 566135, 4193541; 566161, 

4193552; 566206, 4193554; 566224, 

4193561; 566242, 4193562; 566256, 

4193561; 566279, 4193564; 566318, 

4193554; 566350, 4193555; 566369, 

4193539; 566383, 4193537; 566412, 

4193510; 566443, 4193494; 566492, 

4193479; 566516, 4193476; 566576, 

4193472; 566614, 4193469; 566635, 

4193452; 566659, 4193446; 566685, 

4193446; 566726, 4193452; 566775, 

4193453; 566815, 4193462; 566865, 

4193470; 566882, 4193472; 566928, 

4193481; 566957, 4193473; 566973, 

4193477; 566999, 4193498; 567067, 

4193498; 567140, 4193530; 567231, 

4193610; 567262, 4193679; 567196, 

4193738; 567112, 4193745; 567064, 

4193797; 566998, 4193888; 566914, 

4193947; 566907, 4193947; 566744, 

4194028; 566704, 4194054; 566645, 

4194123; 566629, 4194171; 566590, 

4194250; 566542, 4194313; 566475, 

4194340; 566430, 4194341; 566357, 

4194341; 566306, 4194332; 566236, 

4194326; 566187, 4194311; 566166, 

4194288; 566181, 4194263; 566226, 

4194236; 566297, 4194219; 566346, 

4194200; 566359, 4194141; 566321, 

4194109; 566219, 4194071; 566123, 

4194045; 566121, 4194043; 566085, 

4194028; 566045, 4194009; 566000, 

4193982; 565973, 4193974; 565949, 

4193974; 565929, 4193985; 565924, 

4194001; 565935, 4194013; 565972, 

4194030; 565986, 4194039; 565987, 

4194043; 565994, 4194065; 565999, 

4194093; 565974, 4194197; 565965, 

4194189; 565956, 4194186; 565953, 

4194186; 565949, 4194187; 565945, 

4194192; 565943, 4194195; 565945, 

4194202; 565948, 4194209; 565948, 

4194210; 565950, 4194215; 565949, 

4194231; 565939, 4194249; 565923, 

4194263; 565904, 4194273; 565885, 

4194283; 565866, 4194296; 565852, 

4194308; 565845, 4194312; 565841, 

4194314; 565831, 4194315; 565821, 

4194311; 565811, 4194302; 565798, 

4194289; 565779, 4194291; 565761, 

4194300; 565755, 4194322; 565755, 

4194340; 565752, 4194362; 565770, 

4194383; 565785, 4194398; 565819, 

4194420; 565866, 4194442; 565891, 

4194460; 565919, 4194465; 565958, 

4194462; 565969, 4194455; 565986, 

4194446; 566001, 4194440; 566020, 

4194434; 566040, 4194431; 566058, 

4194437; 566074, 4194447; 566088, 

4194458; 566099, 4194472; 566109, 

4194480; 566121, 4194495; 566126, 

4194508; 566112, 4194521; 566103, 


rwilkins on PROD1PC63 with RULES_3
58212 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 

4194532; 566069, 4194560; 566057, 

4194586; 566045, 4194618; 566026, 

4194655; 566019, 4194681; 566006, 

4194705; 565985, 4194738; 565976, 

4194749; 565920, 4194749; 565872, 

4194728; 565854, 4194719; 565832, 

4194719; 565820, 4194726; 565795, 

4194734; 565773, 4194719; 565761, 

4194712; 565747, 4194694; 565734, 

4194685; 565721, 4194674; 565702, 

4194663; 565686, 4194654; 565668, 

4194651; 565650, 4194655; 565637, 

4194648; 565622, 4194645; 565601, 

4194642; 565588, 4194640; 565575, 

4194637; 565559, 4194637; 565538, 

4194643; 565522, 4194648; 565509, 

4194650; 565472, 4194660; 565458, 

4194661; 565442, 4194671; 565435, 

4194687; 565439, 4194719; 565454, 

4194754; 565456, 4194779; 565460, 

4194815; 565455, 4194847; 565447, 

4194877; 565445, 4194905; 565447, 

4194921; 565447, 4194956; 565448, 

4194986; 565456, 4195011; 565466, 

4195024; 565463, 4195042; 565454, 

4195052; 565441, 4195063; 565419, 

4195084; 565408, 4195090; 565396, 

4195102; 565382, 4195127; 565370, 

4195137; 565359, 4195146; 565343, 

4195143; 565325, 4195121; 565306, 

4195101; 565295, 4195090; 565281, 

4195074; 565258, 4195057; 565219, 

4195034; 565190, 4195018; 565160, 

4195014; 565127, 4195009; 565113, 

4195012; 565081, 4195008; 565051, 

4194998; 565029, 4194989; 565013, 

4194970; 564996, 4194953; 564979, 

4194948; 564964, 4194951; 564949, 

4194967; 564948, 4194986; 564949, 

4195005; 564953, 4195018; 564955, 

4195044; 564957, 4195058; 564951, 

4195077; 564942, 4195097; 564931, 

4195114; 564920, 4195131; 564911, 

4195141; 564876, 4195174; 564861, 

4195179; 564840, 4195187; 564817, 

4195200; 564795, 4195226; 564762, 

4195259; 564738, 4195281; 564712, 

4195315; 564683, 4195340; 564665, 

4195356; 564642, 4195375; 564626, 

4195391; 564612, 4195406; 564592, 

4195421; 564575, 4195441; 564565, 

4195453; 564553, 4195473; 564540, 

4195468; 564532, 4195474; 564512, 

4195476; 564481, 4195468; 564449, 

4195463; 564420, 4195458; 564390, 

4195452; 564373, 4195446; 564348, 

4195701; 564487, 4195799; 564397, 

4195881; 564368, 4195873; 564342, 

4195867; 564314, 4195886; 564283, 

4195904; 564263, 4195925; 564253, 

4195948; 564232, 4195968; 564224, 

4195980; 564213, 4196012; 564194, 

4196038; 564172, 4196029; 564139, 

4196011; 564101, 4195997; 564069, 

4195996; 564028, 4196023; 564005, 

4196063; 563978, 4196099; 563970, 

4196131; 563963, 4196161; 563954, 

4196194; 563912, 4196245; 563886, 

4196211; 563874, 4196195; 563848, 

4196223; 563837, 4196235; 563814, 

4196215; 563672, 4196374; 563668, 

4196379; 563374, 4196709; 563398, 

4196736; 563390, 4196745; 563353, 

4196786; 563361, 4196794; 563374, 

4196806; 563372, 4196815; 563368, 

4196838; 563324, 4196856; 563294, 

4196891; 563274, 4196912; 563271, 

4196960; 563277, 4196964; 563271, 

4196972; 563265, 4196984; 563255, 

4196996; 563235, 4197007; 563205, 

4197055; 563186, 4197043; 563168, 

4197079; 563163, 4197088; 563149, 

4197105; 563120, 4197133; 563107, 

4197145; 563084, 4197172; 563077, 

4197184; 563070, 4197195; 563052, 

4197180; 563045, 4197174; 563026, 

4197197; 563000, 4197243; 562983, 

4197271; 562945, 4197316; 562925, 

4197338; 562792, 4197491; 562755, 

4197535; 562721, 4197596; 562710, 

4197616; 562691, 4197651; 562660, 

4197663; 562660, 4197668; 562654, 

4197671; 562641, 4197682; 562629, 

4197697; 562622, 4197704; 562612, 

4197722; 562597, 4197755; 562582, 

4197785; 562563, 4197812; 562545, 

4197821; 562522, 4197832; 562498, 

4197840; 562481, 4197843; 562454, 

4197845; 562433, 4197852; 562412, 

4197866; 562392, 4197882; 562380, 

4197892; 562385, 4197969; 562334, 

4197999; 562316, 4198008; 562286, 

4198022; 562253, 4198072; 562234, 

4198106; 562323, 4198187; 562340, 

4198202; 562293, 4198255; 562289, 

4198258; 562274, 4198273; 562204, 

4198341; 562172, 4198372; 562161, 

4198373; 562136, 4198392; 562126, 

4198391; 562028, 4198432; 561966, 

4198470; 561938, 4198488; 561911, 

4198517; 561858, 4198567; 561833, 

4198643; 561789, 4198671; 561716, 

4198706; 561475, 4198986; 561222, 

4199269; 561229, 4199290; 561241, 

4199326; 561155, 4199391; 561058, 

4199464; 561057, 4199464; 561046, 

4199476; 560935, 4199588; 560845, 

4199680; 560590, 4199939; 560545, 

4199874; 560535, 4199859; 560524, 

4199843; 560513, 4199853; 560435, 

4199926; 560447, 4199939; 560454, 

4199946; 560510, 4200002; 560509, 

4200103; 560508, 4200141; 560507, 

4200172; 560445, 4200222; 560418, 

4200390; 560502, 4200435; 560502, 

4200435; 560499, 4200577; 560482, 

4200603; 560460, 4200629; 560443, 

4200647; 560423, 4200667; 560410, 

4200681; 560384, 4200707; 560347, 

4200709; 560305, 4200700; 560224, 

4200695; 560218, 4200724; 560170, 

4200698; 560075, 4200679; 560070, 

4200609; 560069, 4200592; 560069, 

4200590; 560066, 4200591; 560040, 

4200605; 559975, 4200626; 559910, 

4200633; 559865, 4200650; 559821, 

4200653; 559787, 4200684; 559678, 

4200689; 559675, 4200682; 559668, 

4200687; 559655, 4200696; 559633, 

4200718; 559617, 4200742; 559611, 

4200753; 559601, 4200788; 559591, 

4200818; returning to 559589, 4200848; 

excluding 565010, 4199872; 564877, 

4199656; 564878, 4199620; 564977, 

4199555; 565008, 4199524; 565015, 

4199497; 565039, 4199385; 565060, 

4199332; 565083, 4199317; 565156, 

4199348; 565189, 4199315; 565220, 

4199264; 565216, 4199173; 565239, 

4199148; 565346, 4199105; 565346, 

4199075; 565313, 4199018; 565314, 

4198968; 565334, 4198947; 565433, 

4198908; 565464, 4198882; 565468, 

4198722; 565491, 4198715; 565518, 

4198776; 565553, 4198817; 565586, 

4198822; 565617, 4198789; 565617, 

4198751; 565600, 4198698; 565595, 

4198644; 565618, 4198609; 565621, 

4198543; 565650, 4198470; 565653, 

4198406; 565638, 4198355; 565646, 

4198330; 565644, 4198198; 565657, 

4198193; 565710, 4198201; 565733, 

4198142; 565756, 4198137; 565818, 

4198182; 565856, 4198167; 565913, 

4198111; 565931, 4198068; 565969, 

4198018; 566006, 4197947; 566008, 

4197922; 566026, 4197914; 566089, 

4197714; 566165, 4197710; 566209, 

4197682; 566232, 4197619; 566286, 

4197594; 566314, 4197574; 566353, 

4197480; 566381, 4197450; 566534, 

4197360; 566570, 4197355; 566628, 

4197381; 566712, 4197390; 566959, 

4197351; 566959, 4197318; 566806, 

4197119; 566799, 4197083; 566809, 

4197063; 566829, 4197071; 566905, 

4197150; 566968, 4197186; 567067, 

4197208; 567087, 4197198; 567115, 

4197155; 567178, 4197018; 567188, 

4196978; 567222, 4196940; 567240, 

4196889; 567378, 4196786; 567403, 

4196784; 567434, 4196820; 567456, 

4196830; 567487, 4196831; 567494, 

4196818; 567495, 4196780; 567462, 

4196731; 567463, 4196698; 567550, 

4196610; 567547, 4196600; 567555, 

4196595; 567558, 4196572; 567546, 

4196524; 567587, 4196481; 567606, 

4196354; 567621, 4196344; 567669, 

4196355; 567697, 4196330; 567718, 

4196276; 567711, 4196256; 567645, 

4196238; 567612, 4196214; 567607, 

4196194; 567617, 4196187; 567711, 

4196195; 567782, 4196181; 567806, 

4196150; 567827, 4196079; 567809, 

4196046; 567809, 4196026; 567891, 

4195978; 567907, 4195940; 567968, 

4195918; 568064, 4195911; 568092, 

4195901; 568116, 4195871; 568134, 

4195821; 568149, 4195805; 568228, 

4195829; 568253, 4195806; 568289, 

4195797; 568333, 4195754; 568376, 

4195739; 568444, 4195740; 568480, 

4195722; 568546, 4195746; 568584, 


rwilkins on PROD1PC63 with RULES_3
Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 58213 

4195716; 568645, 4195731; 568722, 

4195691; 568762, 4195692; 568815, 

4195733; 568815, 4195743; 568830, 

4195756; 568914, 4195744; 568968, 

4195668; 569004, 4195628; 569028, 

4195567; 569034, 4195453; 569062, 

4195441; 569084, 4195481; 569081, 

4195573; 569034, 4195664; 568937, 

4195798; 568847, 4195830; 568749, 

4195819; 568713, 4195803; 568677, 

4195808; 568639, 4195841; 568570, 

4195855; 568532, 4195880; 568504, 

4195885; 568438, 4195877; 568415, 

4195884; 568369, 4195942; 568308, 

4195962; 568267, 4196007; 568241, 

4196050; 568185, 4196078; 568164, 

4196105; 568163, 4196194; 568143, 

4196225; 568147, 4196311; 568139, 

4196326; 568116, 4196331; 568098, 

4196351; 568070, 4196442; 568006, 

4196475; 567946, 4196576; 567895, 

4196591; 567877, 4196608; 567877, 

4196672; 567904, 4196718; 567903, 

4196845; 567841, 4196981; 567843, 

4197027; 567863, 4197091; 567878, 

4197111; 567931, 4197134; 568010, 

4197128; 568025, 4197135; 568026, 

4197148; 568027, 4197161; 567994, 

4197181; 567862, 4197169; 567735, 

4197153; 567705, 4197163; 567671, 

4197196; 567560, 4197151; 567534, 

4197164; 567501, 4197202; 567505, 

4197334; 567492, 4197351; 567418, 

4197399; 567400, 4197427; 567405, 

4197450; 567468, 4197473; 567468, 

4197516; 567371, 4197520; 567351, 

4197533; 567340, 4197576; 567365, 

4197642; 567412, 4197711; 567415, 

4197734; 567361, 4197736; 567241, 

4197606; 567205, 4197600; 567182, 

4197608; 567182, 4197638; 567197, 

4197676; 567176, 4197765; 567153, 

4197788; 567117, 4197805; 567056, 

4197817; 567030, 4197845; 567030, 

4197893; 567012, 4197906; 566989, 

4197905; 566951, 4197880; 566936, 

4197826; 566909, 4197790; 566883, 

4197790; 566826, 4197907; 566857, 

4197950; 566884, 4198016; 566950, 

4198052; 566949, 4198088; 566926, 

4198154; 566905, 4198171; 566860, 

4198174; 566811, 4198148; 566749, 

4198084; 566642, 4198088; 566616, 

4198115; 566616, 4198146; 566646, 

4198179; 566646, 4198192; 566628, 

4198220; 566609, 4198301; 566530, 

4198391; 566524, 4198432; 566562, 

4198488; 566578, 4198659; 566555, 

4198658; 566505, 4198635; 566434, 

4198556; 566406, 4198560; 566383, 

4198581; 566350, 4198631; 566323, 

4198776; 566254, 4198846; 566233, 

4198894; 566174, 4198957; 566168, 

4199021; 566137, 4199058; 566109, 

4199147; 566110, 4199254; 566127, 

4199312; 566215, 4199501; 566275, 

4199593; 566287, 4199601; 566341, 

4199604; 566396, 4199653; 566565, 

4199746; 566737, 4199831; 566760, 

4199874; 566841, 4199875; 566828, 

4199913; 566833, 4199961; 566930, 

4200163; 566919, 4200201; 566897, 

4200196; 566869, 4200137; 566776, 

4200022; 566736, 4200001; 566657, 

4200001; 566637, 4199990; 566592, 

4199916; 566562, 4199885; 566519, 

4199862; 566372, 4199812; 566296, 

4199802; 566248, 4199753; 566078, 

4199749; 565996, 4199796; 565960, 

4199796; 565958, 4199748; 565997, 

4199636; 566001, 4199570; 565971, 

4199478; 565891, 4199325; 565871, 

4199325; 565807, 4199370; 565686, 

4199435; 565566, 4199576; 565444, 

4199631; 565418, 4199725; 565367, 

4199771; 565361, 4199832; 565343, 

4199842; 565242, 4199861; 565165, 

4199912; 565125, 4199878; 565094, 

4199868; returning to 565010, 4199872; 

and excluding 569193, 4197159; 

569166, 4197029; 569175, 4196978; 

569248, 4196700; 569266, 4196677; 

569414, 4196617; 569568, 4196517; 

569801, 4196306; 569869, 4196304; 

569892, 4196317; 569924, 4196373; 

569928, 4196541; 569950, 4196597; 

569983, 4196618; 570110, 4196619; 

570145, 4196647; 570153, 4196683; 

570142, 4196705; 570096, 4196756; 

570053, 4196771; 569989, 4196765; 

569890, 4196784; 569852, 4196799; 

569808, 4196875; 569810, 4196906; 

569825, 4196929; 569984, 4197027; 

570007, 4197067; 570026, 4197162; 

570054, 4197167; 570092, 4197152; 

570156, 4197145; 570166, 4197155; 

570186, 4197222; 570289, 4197296; 

570297, 4197314; 570296, 4197370; 

570253, 4197372; 570185, 4197349; 

570106, 4197338; 570086, 4197348; 

570060, 4197378; 570060, 4197406; 

570095, 4197459; 570109, 4197515; 

570162, 4197574; 570166, 4197717; 

570203, 4197783; 570291, 4197903; 

570291, 4197964; 570305, 4198020; 

570341, 4198061; 570399, 4198090; 

570467, 4198101; 570533, 4198101; 

570683, 4198069; 570714, 4198039; 

570730, 4197999; 570778, 4197951; 

570802, 4197893; 570858, 4197850; 

570915, 4197741; 570979, 4197686; 

571068, 4197649; 571112, 4197621; 

571143, 4197571; 571296, 4197514; 

571360, 4197476; 571446, 4197447; 

571479, 4197444; 571530, 4197458; 

571626, 4197456; 571824, 4197514; 

571910, 4197512; 572007, 4197475; 

572137, 4197446; 572188, 4197446; 

572370, 4197486; 572418, 4197512; 

572555, 4197536; 572601, 4197508; 

572690, 4197542; 572736, 4197550; 

572794, 4197523; 572845, 4197485; 

572899, 4197460; 572950, 4197455; 

573062, 4197444; 573115, 4197462; 

573125, 4197475; 573112, 4197493; 

573056, 4197494; 572937, 4197496; 

572873, 4197518; 572796, 4197594; 

572788, 4197617; 572803, 4197696; 

572777, 4197700; 572765, 4197690; 

572730, 4197616; 572661, 4197603; 

572626, 4197585; 572593, 4197579; 

572552, 4197599; 572494, 4197599; 

572478, 4197609; 572476, 4197634; 

572486, 4197662; 572526, 4197721; 

572525, 4197784; 572505, 4197792; 

572492, 4197782; 572427, 4197641; 

572418, 4197603; 572397, 4197580; 

572276, 4197574; 572174, 4197532; 

572139, 4197550; 572078, 4197552; 

572067, 4197572; 572003, 4197642; 

571914, 4197657; 571850, 4197682; 

571810, 4197684; 571777, 4197673; 

571675, 4197672; 571660, 4197690; 

571583, 4197702; 571583, 4197776; 

571557, 4197775; 571517, 4197752; 

571431, 4197744; 571428, 4197794; 

571372, 4197804; 571313, 4197837; 

571186, 4197835; 571130, 4197870; 

571084, 4197916; 571076, 4197933; 

571090, 4198033; 571072, 4198050; 

570963, 4198098; 570957, 4198123; 

570970, 4198166; 571000, 4198194; 

571071, 4198218; 571098, 4198246; 

571121, 4198284; 571120, 4198330; 

571108, 4198348; 571041, 4198380; 

571036, 4198398; 571043, 4198444; 

571068, 4198513; 571103, 4198551; 

571159, 4198582; 571179, 4198605; 

571211, 4198720; 571208, 4198773; 

571187, 4198796; 571154, 4198795; 

570986, 4198618; 570917, 4198620; 

570902, 4198595; 570885, 4198534; 

570867, 4198513; 570816, 4198518; 

570788, 4198540; 570742, 4198619; 

570706, 4198656; 570675, 4198656; 

570676, 4198626; 570702, 4198575; 

570702, 4198537; 570692, 4198527; 

570651, 4198516; 570628, 4198526; 

570580, 4198574; 570534, 4198581; 

570513, 4198606; 570457, 4198601; 

570447, 4198629; 570454, 4198705; 

570430, 4198865; 570340, 4198940; 

570315, 4198940; 570307, 4198894; 

570321, 4198808; 570303, 4198589; 

570275, 4198541; 570235, 4198533; 

570165, 4198588; 570167, 4198669; 

570177, 4198705; 570176, 4198763; 

570158, 4198809; 570138, 4198806; 

570118, 4198783; 570071, 4198658; 

570040, 4198648; 569994, 4198688; 

569948, 4198705; 569908, 4198710; 

569908, 4198687; 569916, 4198674; 

569936, 4198632; 569939, 4198591; 

569932, 4198563; 569872, 4198471; 

569872, 4198451; 569943, 4198431; 

569967, 4198396; 569969, 4198357; 

569912, 4198301; 569858, 4198278; 

569851, 4198257; 569821, 4198227; 

569819, 4198173; 569829, 4198120; 

569718, 4198099; 569692, 4198109; 

569597, 4198209; 569398, 4198385; 

569349, 4198461; 569313, 4198461; 

569319, 4198412; 569458, 4198188; 

569553, 4198084; 569630, 4197978; 


rwilkins on PROD1PC63 with RULES_3
58214 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 

569651, 4197935; 569667, 4197847; 

569713, 4197799; 569698, 4197745; 

569676, 4197732; 569622, 4197727; 

569553, 4197759; 569528, 4197759; 

569528, 4197731; 569569, 4197665; 

569567, 4197615; 569540, 4197579; 

569535, 4197551; 569589, 4197508; 

569600, 4197432; 569607, 4197427; 

569600, 4197396; 569516, 4197385; 

569437, 4197395; 569343, 4197447; 

569323, 4197450; 569267, 4197416; 

569209, 4197418; 569181, 4197393; 

569171, 4197372; 569169, 4197319; 

569182, 4197258; returning to 569193, 

4197159. 

(ii) Note: Map of Unit 1 is provided 

in paragraph (c)(7)(ii) of this section. 

(7) Unit 2: Oakland-Las Trampas, 

Alameda and Contra Costa Counties, 

California. 

(i) From USGS 1:24,000 scale 

quadrangles Oakland East, Las Trampas 

Ridge, Diablo, and Hayward. Land 

bounded by the following UTM Zone 

10, NAD83 coordinates (E, N): 571706, 

4187420; 571707, 4187421; 571716, 

4187451; 571727, 4187468; 571744, 

4187490; 571756, 4187508; 571757, 

4187509; 571759, 4187532; 571763, 

4187571; 571791, 4187646; 571825, 

4187732; 571832, 4187744; 571768, 

4187924; 571751, 4187967; 571760, 

4187990; 571768, 4188011; 571781, 

4188026; 571784, 4188027; 571801, 

4188031; 571833, 4188037; 571847, 

4188046; 571858, 4188064; 571875, 

4188082; 571889, 4188088; 571893, 

4188091; 571896, 4188095; 571896, 

4188099; 571894, 4188105; 571889, 

4188115; 571883, 4188127; 571882, 

4188131; 571881, 4188133; 571874, 

4188139; 571867, 4188142; 571869, 

4188144; 571870, 4188147; 571873, 

4188153; 571877, 4188157; 571881, 

4188161; 571886, 4188165; 571886, 

4188165; 571887, 4188165; 571887, 

4188166; 571888, 4188166; 571970, 

4188166; 572045, 4188160; 572146, 

4188147; 572259, 4188110; 572340, 

4188072; 572447, 4188022; 572560, 

4187984; 572686, 4187965; 572824, 

4187978; 572943, 4188003; 573050, 

4188034; 573163, 4188053; 573251, 

4188072; 573371, 4188084; 573484, 

4188097; 573597, 4188103; 573710, 

4188122; 573804, 4188122; 573898, 

4188116; 573986, 4188110; 574055, 

4188110; 574149, 4188116; 574237, 

4188122; 574257, 4188128; 574325, 

4188147; 574377, 4188181; 574417, 

4188200; 574462, 4188219; 574506, 

4188251; 574532, 4188257; 574559, 

4188255; 574595, 4188243; 574671, 

4188202; 574720, 4188178; 574784, 

4188151; 574851, 4188129; 574880, 

4188128; 574915, 4188133; 574952, 

4188142; 574985, 4188145; 575011, 

4188148; 575032, 4188129; 575085, 

4188086; 575123, 4188062; 575145, 

4188029; 575188, 4187979; 575247, 

4187914; 575286, 4187884; 575323, 

4187866; 575346, 4187881; 575374, 

4187887; 575422, 4187858; 575450, 

4187851; 575471, 4187835; 575514, 

4187792; 575542, 4187762; 575570, 

4187738; 575637, 4187712; 575669, 

4187690; 575696, 4187677; 575706, 

4187662; 575710, 4187644; 575705, 

4187631; 575693, 4187617; 575685, 

4187605; 575714, 4187557; 575731, 

4187532; 575756, 4187493; 575778, 

4187453; 575796, 4187419; 575810, 

4187401; 575830, 4187378; 575844, 

4187365; 575883, 4187331; 575900, 

4187309; 575938, 4187268; 575975, 

4187234; 575999, 4187206; 576010, 

4187191; 576021, 4187178; 576025, 

4187160; 576017, 4187139; 576025, 

4187109; 576034, 4187085; 576054, 

4187060; 576071, 4187037; 576103, 

4186998; 576130, 4186976; 576151, 

4186962; 576165, 4186950; 576214, 

4186909; 576246, 4186887; 576271, 

4186860; 576285, 4186851; 576285, 

4186887; 576280, 4186901; 576305, 

4186895; 576323, 4186892; 576351, 

4186868; 576365, 4186840; 576382, 

4186826; 576403, 4186793; 576410, 

4186758; 576418, 4186721; 576422, 

4186672; 576431, 4186640; 576455, 

4186595; 576483, 4186563; 576522, 

4186540; 576540, 4186531; 576573, 

4186516; 576617, 4186500; 576647, 

4186471; 576698, 4186434; 576741, 

4186412; 576784, 4186389; 576828, 

4186362; 576865, 4186341; 576890, 

4186319; 576908, 4186301; 576918, 

4186292; 576919, 4186268; 576939, 

4186211; 576961, 4186191; 576989, 

4186123; 577003, 4186087; 577018, 

4186047; 577028, 4186006; 577037, 

4185975; 577048, 4185937; 577052, 

4185907; 577044, 4185888; 577014, 

4185884; 576994, 4185863; 576992, 

4185806; 577000, 4185748; 577000, 

4185691; 576995, 4185650; 576987, 

4185615; 576986, 4185589; 576973, 

4185569; 576956, 4185538; 576951, 

4185517; 576955, 4185497; 576969, 

4185458; 576987, 4185413; 577009, 

4185384; 577020, 4185357; 577034, 

4185341; 577052, 4185346; 577078, 

4185351; 577086, 4185361; 577101, 

4185376; 577129, 4185377; 577159, 

4185364; 577219, 4185358; 577250, 

4185388; 577260, 4185400; 577301, 

4185373; 577309, 4185354; 577320, 

4185332; 577333, 4185301; 577351, 

4185280; 577383, 4185260; 577414, 

4185254; 577441, 4185255; 577491, 

4185234; 577514, 4185223; 577544, 

4185233; 577561, 4185255; 577570, 

4185278; 577567, 4185291; 577558, 

4185302; 577542, 4185311; 577529, 

4185314; 577510, 4185312; 577520, 

4185336; 577542, 4185344; 577559, 

4185346; 577583, 4185348; 577601, 

4185349; 577630, 4185345; 577650, 

4185329; 577665, 4185322; 577679, 

4185316; 577693, 4185306; 577707, 

4185296; 577729, 4185273; 577737, 

4185264; 577734, 4185255; 577742, 

4185226; 577748, 4185173; 577764, 

4185130; 577775, 4185083; 577782, 

4185053; 577802, 4185000; 577810, 

4184990; 577859, 4184961; 577874, 

4184960; 577871, 4184928; 577885, 

4184903; 577920, 4184864; 577939, 

4184840; 577985, 4184805; 578040, 

4184768; 578085, 4184750; 578135, 

4184742; 578163, 4184741; 578187, 

4184743; 578212, 4184749; 578243, 

4184761; 578249, 4184800; 578243, 

4184825; 578238, 4184875; 578240, 

4184897; 578235, 4184935; 578230, 

4184956; 578226, 4184993; 578220, 

4185031; 578216, 4185050; 578213, 

4185073; 578227, 4185072; 578262, 

4185046; 578275, 4185042; 578287, 

4185051; 578298, 4185075; 578294, 

4185105; 578281, 4185129; 578292, 

4185145; 578303, 4185170; 578320, 

4185191; 578333, 4185222; 578332, 

4185287; 578326, 4185329; 578311, 

4185376; 578300, 4185413; 578294, 

4185471; 578284, 4185489; 578266, 

4185508; 578241, 4185518; 578222, 

4185513; 578211, 4185495; 578209, 

4185446; 578215, 4185404; 578216, 

4185342; 578209, 4185297; 578202, 

4185265; 578145, 4185242; 578137, 

4185239; 578084, 4185239; 578033, 

4185229; 577980, 4185239; 577945, 

4185275; 577934, 4185307; 577920, 

4185350; 577911, 4185403; 577904, 

4185467; 577904, 4185506; 577904, 

4185540; 577907, 4185634; 577926, 

4185691; 577956, 4185791; 577977, 

4185843; 577980, 4185850; 578013, 

4185903; 578038, 4185917; 578073, 

4185943; 578101, 4185961; 578150, 

4185972; 578206, 4185967; 578217, 

4185958; 578239, 4185947; 578287, 

4185938; 578330, 4185930; 578387, 

4185914; 578427, 4185911; 578457, 

4185918; 578486, 4185957; 578504, 

4185965; 578525, 4185975; 578554, 

4185980; 578587, 4185973; 578628, 

4185976; 578678, 4185983; 578731, 

4185995; 578768, 4186014; 578803, 

4186041; 578804, 4186044; 578881, 

4186031; 579094, 4186094; 579221, 

4186099; 579275, 4186121; 579352, 

4186171; 579424, 4186243; 579528, 

4186334; 579610, 4186361; 579700, 

4186375; 579777, 4186343; 579800, 

4186343; 579913, 4186384; 580017, 

4186438; 580053, 4186470; 580107, 

4186587; 580148, 4186623; 580148, 

4186625; 580116, 4186705; 580107, 

4186773; 580053, 4186881; 579854, 

4187288; 579795, 4187311; 579736, 

4187393; 579573, 4187424; 579456, 

4187411; 579420, 4187442; 579415, 

4187469; 579397, 4187533; 579388, 


rwilkins on PROD1PC63 with RULES_3
Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 58215 

4187573; 579352, 4187646; 579298, 

4187791; 579212, 4187953; 579144, 

4188026; 579130, 4188071; 579003, 

4188302; 578832, 4188302; 578773, 

4188324; 578732, 4188347; 578672, 

4188405; 578748, 4188508; 578783, 

4188556; 578895, 4188582; 578900, 

4188576; 578900, 4188576; 578917, 

4188593; 578922, 4188626; 578914, 

4188660; 578936, 4188693; 578958, 

4188703; 578984, 4188719; 579018, 

4188732; 579048, 4188745; 579062, 

4188775; 579063, 4188778; 579180, 

4188868; 579109, 4188917; 579116, 

4188925; 579117, 4188956; 579104, 

4188979; 579084, 4189001; 579054, 

4189040; 579046, 4189051; 579228, 

4189052; 579246, 4189157; 579199, 

4189178; 579168, 4189192; 579243, 

4189244; 579295, 4189281; 579295, 

4189354; 579217, 4189314; 579201, 

4189306; 579150, 4189399; 579150, 

4189419; 579149, 4189477; 578994, 

4189492; 578994, 4189414; 578649, 

4189419; 578612, 4189480; 578435, 

4189486; 578438, 4189519; 578456, 

4189605; 578474, 4189645; 578501, 

4189704; 578519, 4189713; 578551, 

4189736; 578619, 4189790; 578696, 

4189835; 578723, 4189903; 578755, 

4189939; 578777, 4189976; 578786, 

4190071; 578804, 4190138; 578845, 

4190206; 578881, 4190270; 578913, 

4190272; 578896, 4190263; 578938, 

4190252; 578973, 4190242; 578980, 

4190229; 579006, 4190209; 579036, 

4190186; 579037, 4190186; 579067, 

4190163; 579085, 4190150; 579100, 

4190140; 579138, 4190138; 579147, 

4190171; 579159, 4190185; 579175, 

4190206; 579190, 4190256; 579201, 

4190290; 579241, 4190339; 579249, 

4190414; 579301, 4190411; 579350, 

4190408; 579374, 4190373; 579419, 

4190349; 579483, 4190345; 579606, 

4190266; 579629, 4190235; 579657, 

4190210; 579702, 4190197; 579793, 

4190185; 579793, 4190185; 579906, 

4190178; 579954, 4190194; 580009, 

4190148; 580042, 4190149; 580041, 

4190145; 580046, 4190149; 580041, 

4190115; 580035, 4190084; 580020, 

4190025; 580019, 4190018; 580003, 

4190002; 579976, 4189965; 579969, 

4189926; 579965, 4189870; 580170, 

4189874; 580164, 4189928; 580241, 

4190157; 580242, 4190158; 580246, 

4190154; 580346, 4190092; 580385, 

4190071; 580436, 4190051; 580513, 

4190034; 580514, 4190033; 580610, 

4190033; 580609, 4190164; 580605, 

4190346; 580606, 4190349; 580611, 

4190348; 580612, 4190348; 580654, 

4190253; 580684, 4190258; 580696, 

4190261; 580714, 4190266; 580734, 

4190284; 580653, 4190471; 580655, 

4190477; 580675, 4190477; 580712, 

4190469; 580744, 4190468; 580766, 

4190473; 580737, 4190564; 580735, 

4190566; 580742, 4190598; 580743, 

4190630; 580710, 4190650; 580654, 

4190809; 580735, 4190839; 580737, 

4190842; 580737, 4190842; 580695, 

4190930; 580686, 4190949; 580687, 

4190949; 580724, 4190994; 580781, 

4191063; 580791, 4191055; 580848, 

4191065; 580843, 4191050; 580851, 

4191011; 580866, 4190962; 580879, 

4190918; 580896, 4190914; 580914, 

4190924; 580941, 4190951; 580964, 

4190983; 580965, 4190973; 580958, 

4190948; 580962, 4190927; 580979, 

4190903; 580991, 4190885; 581002, 

4190855; 581003, 4190844; 581003, 

4190819; 581010, 4190791; 581024, 

4190776; 581032, 4190772; 581057, 

4190768; 581095, 4190770; 581125, 

4190756; 581145, 4190739; 581166, 

4190732; 581172, 4190738; 581231, 

4190723; 581287, 4190700; 581309, 

4190678; 581307, 4190657; 581304, 

4190630; 581305, 4190612; 581316, 

4190579; 581314, 4190549; 581312, 

4190549; 581193, 4190527; 581154, 

4190396; 581235, 4190263; 581268, 

4190283; 581308, 4190236; 581390, 

4190258; 581420, 4190260; 581423, 

4190218; 581421, 4190198; 581424, 

4190175; 581433, 4190158; 581444, 

4190149; 581475, 4190122; 581508, 

4190096; 581533, 4190079; 581564, 

4190066; 581594, 4190057; 581623, 

4190058; 581648, 4190061; 581697, 

4190063; 581733, 4190071; 581789, 

4190070; 581825, 4190066; 581848, 

4190054; 581868, 4190025; 581881, 

4190004; 581906, 4189988; 581942, 

4189970; 581956, 4189958; 581977, 

4189921; 581997, 4189898; 582044, 

4189871; 582080, 4189861; 582130, 

4189842; 582155, 4189819; 582170, 

4189806; 582194, 4189778; 582219, 

4189760; 582245, 4189744; 582271, 

4189729; 582295, 4189723; 582337, 

4189715; 582382, 4189698; 582415, 

4189680; 582442, 4189639; 582450, 

4189615; 582462, 4189575; 582470, 

4189554; 582476, 4189536; 582500, 

4189503; 582525, 4189470; 582542, 

4189447; 582575, 4189400; 582602, 

4189346; 582625, 4189298; 582636, 

4189283; 582645, 4189280; 582790, 

4189203; 582960, 4189113; 582985, 

4189099; 583060, 4189078; 583061, 

4189078; 583273, 4189019; 583334, 

4189094; 583230, 4189179; 583294, 

4189284; 583253, 4189439; 583286, 

4189458; 583324, 4189584; 583108, 

4189725; 583075, 4189801; 583072, 

4189804; 583072, 4189817; 583067, 

4189850; 583065, 4189867; 583083, 

4189901; 583113, 4189936; 583126, 

4189941; 583165, 4189958; 583209, 

4189971; 583220, 4189975; 583335, 

4189977; 583317, 4190355; 583314, 

4190356; 583317, 4190357; 583312, 

4190446; 583307, 4190539; 583306, 

4190565; 583336, 4190623; 583337, 

4190625; 583375, 4190663; 583397, 

4190663; 583427, 4190663; 583499, 

4190656; 583573, 4190755; 583607, 

4190801; 583610, 4190801; 583609, 

4190804; 583903, 4190822; 583907, 

4190813; 583907, 4190812; 583907, 

4190812; 583968, 4190690; 583984, 

4190656; 583994, 4190636; 584086, 

4190447; 584114, 4190392; 584026, 

4190377; 583964, 4190357; 583968, 

4190277; 583887, 4190259; 583867, 

4190323; 583808, 4190242; 583754, 

4190267; 583694, 4190209; 583774, 

4190138; 583724, 4190064; 583745, 

4190051; 583765, 4190030; 583809, 

4189998; 583874, 4189971; 583935, 

4189920; 583964, 4189871; 584061, 

4189766; 584100, 4189670; 584145, 

4189630; 584135, 4189626; 584151, 

4189608; 584174, 4189579; 584200, 

4189531; 584200, 4189531; 584140, 

4189507; 584223, 4189404; 584197, 

4189361; 584148, 4189280; 584247, 

4189222; 584458, 4189260; 584458, 

4189260; 584481, 4189245; 584499, 

4189212; 584434, 4189155; 584443, 

4189073; 584546, 4189138; 584548, 

4189129; 584535, 4189100; 584526, 

4189072; 584502, 4189015; 584497, 

4189002; 584439, 4188974; 584349, 

4188983; 584349, 4188984; 584316, 

4189004; 584279, 4189027; 584246, 

4189036; 584226, 4189016; 584283, 

4188956; 584336, 4188914; 584451, 

4188841; 584511, 4188795; 584512, 

4188795; 584450, 4188719; 584436, 

4188718; 584277, 4188712; 584279, 

4188665; 584356, 4188523; 584380, 

4188523; 584376, 4188447; 584566, 

4188447; 584581, 4188448; 584619, 

4188391; 584619, 4188391; 584619, 

4188391; 584628, 4188377; 584646, 

4188316; 584649, 4188306; 584723, 

4188326; 584741, 4188330; 584749, 

4188338; 584784, 4188367; 584780, 

4188373; 584780, 4188373; 584805, 

4188338; 584972, 4188451; 584973, 

4188448; 584975, 4188456; 584996, 

4188470; 585065, 4188374; 585116, 

4188289; 585131, 4188251; 585134, 

4188226; 585137, 4188204; 585123, 

4188175; 585157, 4188144; 585118, 

4188116; 585122, 4188112; 585224, 

4187998; 585290, 4188057; 585291, 

4188058; 585293, 4188060; 585322, 

4188086; 585387, 4188013; 585336, 

4187981; 585336, 4187981; 585365, 

4187930; 585370, 4187915; 585386, 

4187889; 585406, 4187867; 585428, 

4187842; 585456, 4187817; 585485, 

4187791; 585513, 4187772; 585531, 

4187752; 585551, 4187731; 585570, 

4187704; 585585, 4187673; 585609, 

4187636; 585628, 4187606; 585641, 

4187618; 585647, 4187621; 585695, 

4187639; 585709, 4187663; 585711, 


rwilkins on PROD1PC63 with RULES_3
58216 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 

4187637; 585724, 4187602; 585751, 

4187575; 585772, 4187535; 585780, 

4187519; 585714, 4187446; 585718, 

4187289; 585719, 4187221; 585720, 

4187185; 585720, 4187184; 585721, 

4187158; 585722, 4187101; 585729, 

4187080; 585729, 4187079; 585753, 

4186996; 585808, 4186921; 585802, 

4186926; 585805, 4186922; 585819, 

4186897; 585490, 4187081; 585466, 

4187094; 585461, 4186866; 585494, 

4186824; 585533, 4186846; 585528, 

4186859; 585832, 4186868; 585831, 

4186866; 585836, 4186869; 585891, 

4186735; 585890, 4186735; 585902, 

4186689; 585720, 4186691; 585722, 

4186639; 585750, 4186637; 585748, 

4186628; 585741, 4186562; 585765, 

4186486; 585761, 4186475; 585750, 

4186437; 585719, 4186437; 585745, 

4186365; 585812, 4186380; 585837, 

4186402; 585900, 4186394; 585934, 

4186390; 585988, 4186401; 585995, 

4186425; 586025, 4186439; 586052, 

4186421; 586070, 4186435; 586124, 

4186384; 586022, 4186289; 585996, 

4186269; 585948, 4186246; 585936, 

4186157; 585782, 4186212; 585739, 

4186228; 585739, 4186098; 585739, 

4185967; 585739, 4185809; 585955, 

4185947; 585968, 4185930; 585971, 

4185926; 586013, 4185871; 585997, 

4185833; 585968, 4185760; 585991, 

4185775; 586033, 4185726; 586039, 

4185719; 586083, 4185668; 586146, 

4185594; 586168, 4185571; 586190, 

4185558; 586248, 4185471; 586238, 

4185448; 586342, 4185521; 586356, 

4185501; 586400, 4185531; 586416, 

4185526; 586433, 4185512; 586447, 

4185514; 586465, 4185507; 586474, 

4185506; 586480, 4185503; 586484, 

4185499; 586500, 4185475; 586511, 

4185461; 586533, 4185440; 586556, 

4185418; 586571, 4185396; 586577, 

4185379; 586582, 4185359; 586591, 

4185354; 586610, 4185345; 586621, 

4185333; 586631, 4185307; 586630, 

4185282; 586632, 4185254; 586645, 

4185199; 586739, 4185019; 587160, 

4185020; 587162, 4185018; 587372, 

4185015; 587384, 4185092; 587392, 

4185136; 587415, 4185157; 587435, 

4185174; 587435, 4185174; 587435, 

4185174; 587485, 4185199; 587522, 

4185217; 587567, 4185221; 587605, 

4185238; 587608, 4185239; 587627, 

4185246; 587652, 4185256; 587659, 

4185258; 587690, 4185270; 587705, 

4185252; 587705, 4185252; 587705, 

4185252; 587694, 4185239; 587695, 

4185200; 587704, 4185161; 587721, 

4185124; 587743, 4185101; 587778, 

4185076; 587811, 4185066; 587815, 

4185065; 587817, 4185064; 587833, 

4185059; 587902, 4185111; 587946, 

4185154; 587948, 4185159; 587949, 

4185158; 587966, 4185147; 587940, 

4185119; 587932, 4185097; 587882, 

4185037; 587882, 4185037; 587773, 

4184945; 587740, 4184748; 587965, 

4184460; 588249, 4184573; 588254, 

4184566; 588267, 4184561; 588288, 

4184557; 588307, 4184559; 588337, 

4184571; 588367, 4184588; 588382, 

4184598; 588415, 4184590; 588445, 

4184575; 588479, 4184530; 588503, 

4184503; 588518, 4184470; 588536, 

4184433; 588551, 4184408; 588562, 

4184384; 588573, 4184358; 588586, 

4184338; 588605, 4184310; 588617, 

4184282; 588625, 4184258; 588629, 

4184245; 588642, 4184217; 588645, 

4184210; 588655, 4184192; 588932, 

4184209; 588954, 4184164; 588958, 

4184164; 588971, 4184151; 588990, 

4184113; 588997, 4184090; 589011, 

4184066; 589027, 4184031; 589058, 

4183979; 589062, 4183958; 589063, 

4183953; 589068, 4183934; 589058, 

4183925; 589050, 4183923; 589009, 

4183924; 588941, 4183911; 588933, 

4183889; 588977, 4183792; 589121, 

4183474; 589036, 4183450; 588877, 

4183409; 588629, 4183397; 588617, 

4183343; 588585, 4183204; 588591, 

4183060; 588624, 4182930; 588678, 

4182812; 588706, 4182764; 588643, 

4182720; 588685, 4182661; 588748, 

4182704; 588822, 4182599; 589256, 

4182617; 589529, 4182206; 589528, 

4182109; 589513, 4182107; 589491, 

4182097; 589486, 4182077; 589492, 

4182044; 589492, 4182044; 589158, 

4182039; 589160, 4181853; 589160, 

4181853; 589161, 4181806; 589162, 

4181692; 589042, 4181714; 588881, 

4181517; 588560, 4181409; 588361, 

4181441; 588361, 4181490; 588355, 

4181901; 588056, 4181855; 587726, 

4181803; 587756, 4181737; 587802, 

4181752; 587849, 4181748; 587888, 

4181742; 587932, 4181736; 587948, 

4181734; 587990, 4181758; 588068, 

4181705; 588152, 4181587; 588181, 

4181541; 588177, 4181515; 588198, 

4181453; 588212, 4181343; 588241, 

4181315; 588185, 4181121; 588188, 

4181098; 588168, 4181097; 588061, 

4181063; 588040, 4181050; 588041, 

4181049; 588012, 4181034; 587891, 

4180950; 587787, 4180869; 587690, 

4180958; 587565, 4180998; 587502, 

4180998; 587384, 4180990; 587298, 

4181021; 587274, 4181092; 587274, 

4181225; 587235, 4181398; 587188, 

4181515; 587055, 4181672; 586874, 

4181861; 586670, 4181994; 586592, 

4181994; 586521, 4182017; 586474, 

4182064; 586419, 4182096; 586372, 

4182112; 586333, 4182166; 586074, 

4182355; 585792, 4182527; 585556, 

4182637; 585446, 4182692; 585266, 

4182810; 585264, 4182807; 585015, 

4182457; 585015, 4182425; 585038, 

4182355; 585046, 4182300; 585015, 

4182276; 584968, 4182198; 584944, 

4182127; 584936, 4182049; 584968, 

4181915; 584999, 4181766; 584973, 

4181615; 584952, 4181477; 584910, 

4181233; 584814, 4181063; 584825, 

4180978; 584782, 4180936; 584750, 

4180819; 584251, 4180861; 583806, 

4181031; 583392, 4181382; 582606, 

4182199; 581871, 4182797; 581863, 

4182804; 581831, 4182687; 581842, 

4182581; 581820, 4182443; 581672, 

4182273; 581672, 4182264; 581682, 

4182125; 581704, 4181997; 581672, 

4181796; 581566, 4181605; 581544, 

4181477; 581619, 4181201; 581651, 

4181010; 581629, 4180777; 581629, 

4180681; 581714, 4180639; 581873, 

4180575; 581980, 4180479; 582001, 

4180278; 582033, 4180140; 582043, 

4179917; 582107, 4179768; 582118, 

4179566; 582118, 4179120; 582224, 

4179046; 582394, 4178961; 582457, 

4178823; 582574, 4178600; 582606, 

4178399; 582691, 4178303; 582691, 

4178176; 582744, 4178059; 582680, 

4177857; 582691, 4177730; 582797, 

4177443; 582882, 4177284; 582893, 

4177231; 582935, 4177125; 583031, 

4177040; 583041, 4176944; 583036, 

4176877; 582970, 4176854; 582939, 

4176805; 582913, 4176773; 582882, 

4176745; 582837, 4176717; 582798, 

4176689; 582776, 4176658; 582779, 

4176647; 582808, 4176613; 582856, 

4176588; 582882, 4176570; 582903, 

4176548; 582904, 4176536; 582880, 

4176494; 582848, 4176440; 582838, 

4176423; 582847, 4176412; 582869, 

4176398; 582894, 4176384; 582926, 

4176371; 582955, 4176337; 582948, 

4176317; 582925, 4176285; 582894, 

4176252; 582866, 4176226; 582862, 

4176182; 582866, 4176144; 582852, 

4176123; 582826, 4176101; 582809, 

4176099; 582796, 4176101; 582771, 

4176098; 582734, 4176089; 582719, 

4176075; 582669, 4176052; 582649, 

4176039; 582635, 4176024; 582637, 

4175999; 582636, 4175967; 582649, 

4175926; 582665, 4175887; 582686, 

4175855; 582712, 4175810; 582711, 

4175783; 582708, 4175736; 582703, 

4175699; 582708, 4175669; 582720, 

4175638; 582737, 4175608; 582724, 

4175597; 582712, 4175574; 582697, 

4175554; 582699, 4175539; 582708, 

4175508; 582709, 4175506; 582687, 

4175494; 582639, 4175468; 582618, 

4175434; 582641, 4175408; 582628, 

4175357; 582630, 4175355; 582630, 

4175355; 582637, 4175343; 582647, 

4175322; 582654, 4175300; 582653, 

4175291; 582607, 4175288; 582530, 

4175262; 582496, 4175180; 582492, 

4175178; 582446, 4175182; 582316, 

4175238; 582237, 4175262; 582171, 

4175315; 582104, 4175328; 582038, 

4175304; 581925, 4175267; 581821, 


rwilkins on PROD1PC63 with RULES_3
Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 58217 

4175262; 581715, 4175278; 581663, 

4175293; 581607, 4175291; 581569, 

4175253; 581567, 4175251; 581567, 

4175251; 581540, 4175233; 581440, 

4175350; 581239, 4175537; 581168, 

4175640; 581136, 4175763; 581117, 

4176047; 581084, 4176190; 581052, 

4176357; 581013, 4176538; 581026, 

4176687; 581175, 4176848; 581317, 

4176900; 581427, 4176978; 581478, 

4177120; 581478, 4177236; 581311, 

4177204; 581110, 4177062; 580942, 

4176919; 580833, 4176616; 580787, 

4176396; 580820, 4176261; 580871, 

4176144; 580942, 4175989; 580858, 

4175938; 580816, 4175992; 580805, 

4176080; 580690, 4176299; 580633, 

4176448; 580621, 4176690; 580667, 

4176828; 579816, 4177334; 579793, 

4177426; 579781, 4177564; 579793, 

4177737; 579793, 4177818; 579666, 

4177956; 579597, 4178082; 579597, 

4178151; 579816, 4178174; 580000, 

4178232; 580149, 4178335; 580264, 

4178485; 580172, 4178565; 580057, 

4178807; 580011, 4178957; 579908, 

4179198; 579827, 4179463; 579770, 

4179647; 579747, 4179808; 579741, 

4179808; 579597, 4179808; 579597, 

4179818; 579589, 4179826; 579578, 

4179955; 579475, 4180043; 579404, 

4180073; 579381, 4180108; 579322, 

4180131; 579301, 4180184; 579243, 

4180206; 579225, 4180234; 579222, 

4180264; 579168, 4180310; 579168, 

4180365; 579122, 4180398; 579124, 

4180423; 579184, 4180480; 579184, 

4180531; 579103, 4180540; 579092, 

4180558; 579097, 4180586; 579117, 

4180637; 579106, 4180677; 579119, 

4180718; 579134, 4180736; 579133, 

4180772; 579092, 4180804; 579085, 

4180824; 579102, 4180853; 579120, 

4180863; 579124, 4180921; 579155, 

4180952; 579228, 4181001; 579288, 

4181123; 579287, 4181169; 579246, 

4181217; 579217, 4181298; 579220, 

4181321; 579252, 4181357; 579326, 

4181398; 579440, 4181425; 579516, 

4181458; 579558, 4181502; 579558, 

4181520; 579551, 4181527; 579482, 

4181516; 579426, 4181488; 579343, 

4181482; 579282, 4181461; 579249, 

4181464; 579208, 4181483; 579188, 

4181481; 579130, 4181437; 579089, 

4181444; 579016, 4181426; 578993, 

4181433; 578980, 4181453; 578964, 

4181519; 578933, 4181511; 578886, 

4181468; 578871, 4181419; 578846, 

4181389; 578810, 4181383; 578767, 

4181426; 578756, 4181454; 578753, 

4181492; 578727, 4181545; 578700, 

4181535; 578685, 4181440; 578696, 

4181387; 578691, 4181347; 578663, 

4181351; 578653, 4181361; 578616, 

4181458; 578593, 4181468; 578583, 

4181462; 578579, 4181384; 578567, 

4181348; 578554, 4181340; 578498, 

4181342; 578473, 4181317; 578435, 

4181334; 578379, 4181300; 578278, 

4181282; 578234, 4181297; 578216, 

4181319; 578216, 4181360; 578258, 

4181462; 578203, 4181614; 578195, 

4181665; 578172, 4181690; 578162, 

4181743; 578133, 4181778; 578120, 

4181816; 578110, 4181824; 578102, 

4181877; 578028, 4181884; 578018, 

4181894; 578007, 4181942; 578060, 

4182047; 578087, 4182080; 578105, 

4182134; 578186, 4182134; 578183, 

4182165; 578173, 4182177; 578178, 

4182208; 578195, 4182223; 578205, 

4182287; 578184, 4182315; 578189, 

4182335; 578259, 4182442; 578355, 

4182504; 578413, 4182515; 578451, 

4182561; 578517, 4182590; 578588, 

4182595; 578634, 4182575; 578700, 

4182573; 578741, 4182554; 578777, 

4182508; 578810, 4182450; 578834, 

4182374; 578868, 4182313; 578924, 

4182281; 578978, 4182228; 579031, 

4182198; 579123, 4182199; 579201, 

4182182; 579322, 4182112; 579375, 

4182123; 579473, 4182169; 579575, 

4182173; 579583, 4182183; 579580, 

4182203; 579539, 4182238; 579539, 

4182264; 579627, 4182308; 579635, 

4182321; 579644, 4182422; 579725, 

4182456; 579724, 4182487; 579714, 

4182499; 579713, 4182593; 579713, 

4182613; 579680, 4182606; 579660, 

4182580; 579650, 4182519; 579585, 

4182460; 579583, 4182366; 579561, 

4182350; 579515, 4182350; 579444, 

4182293; 579399, 4182273; 579335, 

4182270; 579302, 4182279; 579246, 

4182320; 579165, 4182329; 579109, 

4182318; 579086, 4182331; 578999, 

4182426; 578962, 4182523; 578954, 

4182571; 578928, 4182586; 578855, 

4182608; 578819, 4182648; 578778, 

4182676; 578726, 4182734; 578693, 

4182723; 578648, 4182695; 578597, 

4182700; 578567, 4182720; 578503, 

4182691; 578447, 4182696; 578414, 

4182708; 578381, 4182741; 578361, 

4182728; 578349, 4182659; 578280, 

4182623; 578227, 4182625; 578217, 

4182587; 578161, 4182571; 578149, 

4182530; 578134, 4182505; 578058, 

4182461; 578062, 4182331; 578034, 

4182301; 578030, 4182275; 577999, 

4182242; 577997, 4182221; 577987, 

4182196; 577944, 4182157; 577907, 

4182114; 577886, 4182116; 577866, 

4182136; 577840, 4182197; 577799, 

4182242; 577786, 4182275; 577775, 

4182349; 577757, 4182377; 577759, 

4182433; 577728, 4182458; 577727, 

4182539; 577702, 4182592; 577701, 

4182645; 577668, 4182681; 577664, 

4182772; 577626, 4182802; 577661, 

4182902; 577628, 4182901; 577579, 

4182886; 577531, 4182895; 577480, 

4182948; 577456, 4183001; 577408, 

4183047; 577392, 4183074; 577401, 

4183204; 577421, 4183235; 577500, 

4183258; 577535, 4183320; 577567, 

4183348; 577576, 4183472; 577644, 

4183615; 577691, 4183682; 577711, 

4183750; 577734, 4183789; 577746, 

4183842; 577766, 4183881; 577902, 

4184014; 577961, 4184136; 577989, 

4184167; 578021, 4184251; 578021, 

4184274; 578021, 4184284; 578001, 

4184282; 577971, 4184230; 577885, 

4184138; 577815, 4184011; 577770, 

4183964; 577677, 4183905; 577667, 

4183872; 577538, 4183744; 577516, 

4183655; 577436, 4183522; 577391, 

4183483; 577361, 4183475; 577305, 

4183477; 577236, 4183535; 577167, 

4183550; 577090, 4183595; 577082, 

4183613; 577084, 4183661; 577069, 

4183714; 577041, 4183721; 577008, 

4183668; 576973, 4183660; 576939, 

4183680; 576891, 4183720; 576895, 

4183796; 576869, 4183834; 576862, 

4183862; 576844, 4183862; 576834, 

4183846; 576824, 4183790; 576773, 

4183790; 576694, 4183840; 576561, 

4183973; 576550, 4183996; 576553, 

4184027; 576583, 4184085; 576572, 

4184093; 576501, 4184100; 576455, 

4184145; 576403, 4184236; 576374, 

4184358; 576351, 4184398; 576338, 

4184441; 576315, 4184479; 576289, 

4184560; 576255, 4184603; 576224, 

4184671; 576139, 4184770; 576113, 

4184876; 576092, 4184914; 576081, 

4185051; 576150, 4185217; 576233, 

4185383; 576273, 4185436; 576371, 

4185526; 576381, 4185557; 576378, 

4185590; 576360, 4185625; 576354, 

4185673; 576305, 4185813; 576266, 

4185868; 576225, 4185906; 576194, 

4185966; 576192, 4185972; 576202, 

4185995; 576204, 4186045; 576191, 

4186053; 576168, 4186032; 576151, 

4186002; 576132, 4185831; 576150, 

4185786; 576205, 4185677; 576205, 

4185662; 576215, 4185652; 576233, 

4185599; 576236, 4185517; 576227, 

4185479; 576179, 4185428; 576064, 

4185201; 576034, 4185180; 575948, 

4185090; 575908, 4185077; 575882, 

4185100; 575806, 4185145; 575772, 

4185239; 575741, 4185271; 575667, 

4185294; 575657, 4185291; 575657, 

4185258; 575696, 4185218; 575701, 

4185177; 575719, 4185154; 575722, 

4185099; 575835, 4184985; 575864, 

4184912; 575897, 4184889; 575938, 

4184841; 575990, 4184710; 576108, 

4184574; 576119, 4184551; 576121, 

4184508; 576135, 4184470; 576258, 

4184319; 576266, 4184273; 576299, 

4184215; 576308, 4184167; 576349, 

4184088; 576365, 4184017; 576399, 

4183921; 576502, 4183787; 576600, 

4183618; 576689, 4183599; 576745, 

4183551; 576865, 4183506; 576942, 

4183449; 576985, 4183441; 577125, 

4183372; 577179, 4183324; 577177, 


rwilkins on PROD1PC63 with RULES_3
58218 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 

4183286; 577164, 4183260; 577160, 

4183232; 577183, 4183197; 577186, 

4183154; 577178, 4183131; 577179, 

4183072; 577187, 4183060; 577187, 

4182999; 577197, 4182986; 577213, 

4182908; 577262, 4182875; 577280, 

4182850; 577298, 4182779; 577431, 

4182704; 577465, 4182661; 577475, 

4182626; 577496, 4182588; 577540, 

4182451; 577563, 4182416; 577569, 

4182317; 577611, 4182218; 577645, 

4182162; 577691, 4182125; 577704, 

4182061; 577807, 4181869; 577869, 

4181814; 577892, 4181746; 577962, 

4181675; 577969, 4181657; 577967, 

4181612; 577920, 4181550; 577927, 

4181522; 577945, 4181500; 577984, 

4181419; 577977, 4181388; 577959, 

4181378; 577868, 4181377; 577781, 

4181419; 577727, 4181485; 577681, 

4181490; 577668, 4181530; 577617, 

4181601; 577556, 4181628; 577507, 

4181610; 577482, 4181627; 577454, 

4181670; 577422, 4181749; 577389, 

4181759; 577371, 4181774; 577358, 

4181814; 577333, 4181847; 577309, 

4181920; 577253, 4181930; 577225, 

4181955; 577222, 4181993; 577183, 

4182049; 577178, 4182079; 577155, 

4182107; 577144, 4182150; 577134, 

4182163; 577083, 4182162; 577058, 

4182172; 577047, 4182190; 576994, 

4182220; 576991, 4182271; 576952, 

4182308; 576917, 4182333; 576883, 

4182376; 576847, 4182470; 576818, 

4182498; 576800, 4182543; 576794, 

4182660; 576766, 4182710; 576679, 

4182776; 576640, 4182816; 576568, 

4182930; 576545, 4182983; 576522, 

4183010; 576506, 4183015; 576506, 

4183014; 576307, 4183277; 576275, 

4183301; 576236, 4183342; 576193, 

4183382; 576165, 4183423; 576148, 

4183458; 576107, 4183496; 576077, 

4183541; 576049, 4183586; 576019, 

4183601; 575968, 4183612; 575931, 

4183608; 575914, 4183606; 575878, 

4183623; 575850, 4183633; 575828, 

4183633; 575809, 4183636; 575785, 

4183655; 575777, 4183670; 575766, 

4183706; 575743, 4183739; 575687, 

4183747; 575670, 4183756; 575659, 

4183771; 575650, 4183794; 575610, 

4183811; 575509, 4183871; 575486, 

4183893; 575476, 4183970; 575413, 

4184009; 575325, 4184048; 575286, 

4184092; 575257, 4184150; 575208, 

4184267; 575173, 4184358; 574651, 

4184981; 574584, 4185041; 574438, 

4185139; 574346, 4185217; 574229, 

4185324; 574151, 4185382; 574063, 

4185460; 573966, 4185529; 573834, 

4185650; 573795, 4185709; 573727, 

4185821; 573639, 4185933; 573532, 

4186016; 573420, 4186079; 573298, 

4186201; 573255, 4186220; 573201, 

4186245; 573147, 4186293; 573079, 

4186381; 573031, 4186444; 572875, 

4186517; 572753, 4186581; 572690, 

4186586; 572646, 4186595; 572568, 

4186644; 572529, 4186737; 572485, 

4186771; 572280, 4186912; 572134, 

4187019; 572003, 4187141; 571939, 

4187185; 571900, 4187234; returning to 

571706, 4187420. 

(ii) Note: Map of Unit 2 (Unit 1, Unit 

2, and Unit 6 (Map 2) follows: 

BILLING CODE 4310–55–P 


rwilkins on PROD1PC63 with RULES_3
Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 58219 

BILLING CODE 4310–55–C (8) Unit 3: Hayward-Pleasanton Ridge, 

Alameda County, California. 

(i) From USGS 1:24,000 scale 

quadrangles Hayward, Newark, Dublin, 


rwilkins on PROD1PC63 with RULES_3ER02OC06.001</GPH>
58220 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 

and Niles. Land bounded by the 

following UTM Zone 10, NAD83 

coordinates (E, N): 585269, 4165999; 

585371, 4166270; 585519, 4166567; 

585450, 4166770; 585431, 4166955; 

585623, 4167122; 585713, 4167237; 

585733, 4167344; 585763, 4167406; 

585800, 4167440; 585819, 4167443; 

585875, 4167470; 585920, 4167470; 

585930, 4167470; 585952, 4167464; 

585987, 4167462; 586262, 4167359; 

586524, 4167014; 586710, 4167050; 

586725, 4167112; 586738, 4167184; 

586741, 4167200; 586738, 4167237; 

586744, 4167250; 586759, 4167275; 

586746, 4167307; 586733, 4167314; 

586730, 4167349; 586719, 4167443; 

586755, 4167465; 586782, 4167533; 

586796, 4167652; 586895, 4167475; 

586894, 4167475; 586924, 4167422; 

586941, 4167422; 586973, 4167053; 

587028, 4167054; 587029, 4167040; 

587030, 4167024; 587030, 4167024; 

587030, 4167024; 587032, 4166970; 

587059, 4166943; 587086, 4166942; 

587106, 4166933; 587159, 4166923; 

587177, 4166933; 587191, 4166944; 

587201, 4166952; 587214, 4166964; 

587245, 4166945; 587312, 4166906; 

587326, 4166909; 587355, 4166915; 

587370, 4166898; 587378, 4166889; 

587442, 4166875; 587453, 4166885; 

587525, 4166937; 587579, 4166871; 

587655, 4166806; 587755, 4166771; 

587765, 4166767; 587766, 4166404; 

587767, 4166201; 587891, 4166132; 

588035, 4166079; 588064, 4166075; 

588160, 4165989; 588151, 4165958; 

588199, 4165920; 588288, 4165905; 

588435, 4165906; 588444, 4165874; 

588460, 4165492; 588106, 4165477; 

588124, 4165066; 587770, 4165051; 

587771, 4164884; 588557, 4164310; 

589385, 4164346; 589368, 4165876; 

589365, 4166259; 589175, 4166273; 

589139, 4166304; 589139, 4166304; 

589140, 4166304; 589141, 4166304; 

589143, 4166304; 589144, 4166304; 

589145, 4166304; 589146, 4166304; 

589147, 4166304; 589148, 4166304; 

589149, 4166304; 589151, 4166304; 

589152, 4166304; 589153, 4166304; 

589154, 4166304; 589155, 4166304; 

589156, 4166304; 589157, 4166304; 

589159, 4166304; 589160, 4166304; 

589161, 4166304; 589162, 4166304; 

589163, 4166305; 589164, 4166305; 

589192, 4166310; 589200, 4166317; 

589200, 4166318; 589201, 4166318; 

589201, 4166319; 589202, 4166319; 

589202, 4166320; 589202, 4166320; 

589203, 4166321; 589203, 4166321; 

589203, 4166322; 589204, 4166322; 

589204, 4166323; 589204, 4166323; 

589204, 4166324; 589205, 4166324; 

589205, 4166325; 589205, 4166325; 

589205, 4166326; 589206, 4166327; 

589206, 4166327; 589206, 4166328; 

589206, 4166328; 589206, 4166329; 

589206, 4166329; 589206, 4166330; 

589207, 4166331; 589207, 4166331; 

589207, 4166332; 589207, 4166332; 

589207, 4166333; 589207, 4166334; 

589207, 4166334; 589207, 4166335; 

589207, 4166335; 589207, 4166336; 

589207, 4166337; 589206, 4166337; 

589206, 4166338; 589206, 4166338; 

589206, 4166339; 589206, 4166339; 

589206, 4166340; 589206, 4166341; 

589205, 4166341; 589205, 4166342; 

589205, 4166342; 589205, 4166343; 

589205, 4166343; 589204, 4166344; 

589204, 4166344; 589199, 4166354; 

589198, 4166355; 589198, 4166355; 

589198, 4166356; 589198, 4166356; 

589197, 4166356; 589197, 4166357; 

589197, 4166357; 589196, 4166358; 

589196, 4166358; 589196, 4166358; 

589195, 4166359; 589195, 4166359; 

589195, 4166359; 589194, 4166360; 

589194, 4166360; 589193, 4166360; 

589193, 4166360; 589193, 4166361; 

589192, 4166361; 589192, 4166361; 

589191, 4166361; 589191, 4166362; 

589190, 4166362; 589190, 4166362; 

589189, 4166362; 589189, 4166362; 

589188, 4166363; 589188, 4166363; 

589187, 4166363; 589187, 4166363; 

589174, 4166365; 589173, 4166366; 

589172, 4166366; 589172, 4166366; 

589171, 4166366; 589171, 4166366; 

589170, 4166366; 589169, 4166367; 

589169, 4166367; 589168, 4166367; 

589167, 4166367; 589167, 4166368; 

589166, 4166368; 589166, 4166368; 

589165, 4166369; 589164, 4166369; 

589164, 4166369; 589163, 4166370; 

589145, 4166381; 589145, 4166381; 

589144, 4166382; 589144, 4166382; 

589143, 4166382; 589143, 4166382; 

589142, 4166383; 589142, 4166383; 

589141, 4166383; 589141, 4166383; 

589140, 4166383; 589140, 4166383; 

589139, 4166384; 589139, 4166384; 

589138, 4166384; 589138, 4166384; 

589137, 4166384; 589137, 4166384; 

589136, 4166384; 589136, 4166384; 

589135, 4166384; 589134, 4166384; 

589134, 4166384; 589133, 4166384; 

589133, 4166384; 589132, 4166384; 

589132, 4166384; 589131, 4166384; 

589131, 4166384; 589130, 4166384; 

589130, 4166384; 589129, 4166383; 

589129, 4166383; 589128, 4166383; 

589128, 4166383; 589122, 4166381; 

589121, 4166380; 589121, 4166380; 

589120, 4166380; 589120, 4166380; 

589119, 4166379; 589119, 4166379; 

589118, 4166379; 589118, 4166379; 

589117, 4166378; 589117, 4166378; 

589116, 4166378; 589116, 4166377; 

589100, 4166365; 589063, 4166369; 

589063, 4166369; 589003, 4166420; 

588991, 4166418; 588913, 4166496; 

589008, 4166621; 588926, 4166711; 

588883, 4166692; 588780, 4166774; 

588757, 4166753; 588501, 4166908; 

588193, 4167217; 588192, 4167218; 

588491, 4167267; 588860, 4167493; 

588871, 4167510; 588871, 4167510; 

588551, 4167496; 588495, 4168400; 

588136, 4168395; 588130, 4168799; 

587859, 4168799; 587859, 4168847; 

587327, 4169253; 586635, 4168711; 

586635, 4168711; 586635, 4168701; 

586626, 4168705; 586571, 4168705; 

586534, 4168742; 586351, 4168898; 

586259, 4168990; 586241, 4169091; 

586186, 4169137; 586149, 4169182; 

586121, 4169237; 586094, 4169348; 

586075, 4169458; 586048, 4169614; 

586048, 4169733; 586057, 4169870; 

586167, 4169971; 586314, 4170035; 

586397, 4170091; 586470, 4170155; 

586690, 4170173; 586881, 4170173; 

587061, 4170205; 587082, 4170332; 

587050, 4170596; 586818, 4170882; 

586606, 4171263; 586468, 4171475; 

586469, 4171668; 586479, 4171682; 

586502, 4171722; 586523, 4171744; 

586553, 4171782; 586571, 4171809; 

586592, 4171842; 586603, 4171866; 

586618, 4171899; 586631, 4171917; 

586643, 4171939; 586650, 4171954; 

586655, 4171964; 586665, 4171988; 

586671, 4172002; 586680, 4172037; 

586681, 4172048; 586673, 4172077; 

586667, 4172100; 586661, 4172111; 

586651, 4172125; 586637, 4172137; 

586628, 4172145; 586597, 4172164; 

586587, 4172169; 586571, 4172174; 

586528, 4172189; 586511, 4172196; 

586487, 4172206; 586437, 4172227; 

586416, 4172240; 586374, 4172262; 

586353, 4172281; 586332, 4172299; 

586318, 4172319; 586308, 4172335; 

586299, 4172351; 586291, 4172364; 

586279, 4172382; 586273, 4172393; 

586265, 4172416; 586253, 4172437; 

586248, 4172453; 586244, 4172468; 

586244, 4172482; 586244, 4172493; 

586246, 4172512; 586250, 4172531; 

586259, 4172550; 586270, 4172585; 

586282, 4172626; 586298, 4172653; 

586313, 4172673; 586325, 4172693; 

586338, 4172714; 586349, 4172731; 

586362, 4172752; 586373, 4172770; 

586384, 4172789; 586390, 4172810; 

586393, 4172819; 586399, 4172845; 

586403, 4172869; 586404, 4172883; 

586406, 4172912; 586408, 4172921; 

586412, 4172933; 586417, 4172946; 

586436, 4172958; 586460, 4172965; 

586482, 4172977; 586497, 4172989; 

586509, 4173001; 586519, 4173012; 

586535, 4173024; 586551, 4173037; 

586562, 4173049; 586582, 4173069; 

586592, 4173077; 586608, 4173092; 

586625, 4173107; 586645, 4173124; 

586664, 4173140; 586676, 4173149; 

586689, 4173161; 586706, 4173175; 

586715, 4173184; 586724, 4173195; 

586753, 4173212; 586764, 4173214; 

586788, 4173216; 586805, 4173223; 


rwilkins on PROD1PC63 with RULES_3
Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 58221 

586825, 4173227; 586856, 4173232; 

586887, 4173239; 586908, 4173243; 

586932, 4173245; 586958, 4173245; 

586982, 4173250; 587010, 4173255; 

587033, 4173258; 587055, 4173264; 

587084, 4173269; 587108, 4173270; 

587132, 4173273; 587171, 4173274; 

587188, 4173277; 587242, 4173279; 

587272, 4173281; 587285, 4173281; 

587309, 4173280; 587326, 4173280; 

587357, 4173279; 587389, 4173275; 

587406, 4173275; 587429, 4173275; 

587463, 4173275; 587475, 4173276; 

587493, 4173279; 587508, 4173280; 

587535, 4173281; 587544, 4173282; 

587559, 4173282; 587583, 4173283; 

587609, 4173283; 587628, 4173284; 

587653, 4173284; 587673, 4173285; 

587696, 4173286; 587708, 4173286; 

587735, 4173286; 587751, 4173285; 

587762, 4173286; 587781, 4173286; 

587811, 4173283; 587821, 4173283; 

587842, 4173286; 587872, 4173287; 

587888, 4173291; 587901, 4173293; 

587915, 4173296; 587934, 4173298; 

587955, 4173301; 587974, 4173305; 

588016, 4173304; 588037, 4173304; 

588050, 4173302; 588092, 4173292; 

588108, 4173288; 588135, 4173280; 

588151, 4173269; 588170, 4173262; 

588185, 4173256; 588193, 4173250; 

588220, 4173238; 588252, 4173225; 

588272, 4173218; 588275, 4173213; 

588529, 4173138; 588702, 4173099; 

588854, 4173025; 588988, 4172966; 

589160, 4172888; 589260, 4172878; 

589278, 4172870; 589288, 4172866; 

589303, 4172859; 589320, 4172852; 

589334, 4172847; 589349, 4172841; 

589372, 4172834; 589405, 4172822; 

589419, 4172820; 589429, 4172817; 

589450, 4172811; 589470, 4172806; 

589483, 4172803; 589516, 4172796; 

589557, 4172780; 589566, 4172777; 

589578, 4172773; 589617, 4172759; 

589631, 4172757; 589647, 4172753; 

589657, 4172751; 589675, 4172749; 

589701, 4172744; 589711, 4172741; 

589726, 4172737; 589746, 4172728; 

589756, 4172718; 589769, 4172707; 

589780, 4172691; 589785, 4172669; 

589794, 4172663; 589804, 4172654; 

589820, 4172647; 589834, 4172643; 

589850, 4172644; 589858, 4172649; 

589859, 4172653; 589866, 4172649; 

590046, 4172523; 590097, 4172410; 

590195, 4172296; 590238, 4172275; 

590281, 4172276; 590362, 4172317; 

590344, 4172351; 590351, 4172402; 

590391, 4172433; 590434, 4172457; 

590508, 4172445; 590579, 4172428; 

590606, 4172421; 590681, 4172527; 

590734, 4172567; 590740, 4172568; 

590754, 4172571; 590773, 4172574; 

590779, 4172574; 590806, 4172547; 

590818, 4172492; 590830, 4172479; 

591370, 4172472; 592495, 4172468; 

592495, 4172469; 592548, 4172468; 

592577, 4172462; 592597, 4172459; 

592634, 4172451; 592649, 4172452; 

592664, 4172451; 592673, 4172450; 

592640, 4172397; 592706, 4172349; 

592766, 4172440; 592771, 4172439; 

592861, 4172439; 592862, 4172439; 

592864, 4172331; 592864, 4172326; 

592865, 4172264; 592830, 4172268; 

592821, 4172262; 592821, 4172246; 

592824, 4172235; 592833, 4172217; 

592837, 4172207; 592848, 4172192; 

592856, 4172180; 592737, 4172211; 

592697, 4172225; 592685, 4172236; 

592665, 4172235; 592663, 4172209; 

592685, 4172164; 592723, 4172119; 

592772, 4172075; 592810, 4172048; 

592804, 4172039; 592794, 4172026; 

592792, 4172006; 592802, 4171984; 

592833, 4171939; 592851, 4171927; 

592785, 4171852; 592786, 4171803; 

592891, 4171806; 592891, 4171773; 

592888, 4171769; 592891, 4171690; 

592895, 4171678; 592891, 4171647; 

592893, 4171628; 592898, 4171586; 

592901, 4171567; 592915, 4171539; 

592936, 4171510; 592951, 4171498; 

592960, 4171492; 592977, 4171490; 

592996, 4171486; 593012, 4171482; 

593024, 4171479; 593034, 4171475; 

593054, 4171474; 593080, 4171484; 

593120, 4171492; 593139, 4171493; 

593173, 4171488; 593197, 4171482; 

593206, 4171484; 593206, 4171506; 

593200, 4171531; 593191, 4171562; 

593174, 4171601; 593174, 4171602; 

593177, 4171602; 593208, 4171640; 

593231, 4171711; 593231, 4171748; 

593214, 4171764; 593199, 4171788; 

593197, 4171793; 593225, 4171790; 

593275, 4171783; 593317, 4171778; 

593352, 4171771; 593391, 4171762; 

593406, 4171759; 593443, 4171753; 

593473, 4171758; 593530, 4171760; 

593571, 4171766; 593604, 4171765; 

593640, 4171766; 593695, 4171758; 

593753, 4171746; 593797, 4171730; 

593834, 4171710; 593880, 4171688; 

593919, 4171664; 593943, 4171648; 

593976, 4171622; 594006, 4171600; 

594023, 4171581; 594026, 4171548; 

593988, 4171476; 593945, 4171435; 

593856, 4171366; 593770, 4171299; 

593712, 4171213; 593704, 4171136; 

593710, 4171038; 593747, 4170958; 

593796, 4170879; 593869, 4170821; 

593951, 4170779; 594017, 4170765; 

594079, 4170782; 594081, 4170783; 

594082, 4170783; 594083, 4170786; 

594115, 4170830; 594117, 4170833; 

594140, 4170830; 594148, 4170813; 

594157, 4170768; 594181, 4170752; 

594213, 4170763; 594231, 4170797; 

594239, 4170832; 594253, 4170843; 

594280, 4170811; 594301, 4170784; 

594315, 4170747; 594336, 4170717; 

594355, 4170714; 594390, 4170713; 

594412, 4170728; 594542, 4170730; 

594644, 4170753; 594708, 4170777; 

594756, 4170803; 594769, 4170807; 

594790, 4170820; 594807, 4170831; 

594833, 4170845; 594836, 4170848; 

594870, 4170864; 594881, 4170870; 

594969, 4170703; 595378, 4169293; 

595550, 4169164; 595777, 4168678; 

596053, 4168453; 595932, 4168389; 

595956, 4168312; 595958, 4168285; 

595947, 4168270; 595940, 4168263; 

595917, 4168244; 595908, 4168229; 

595906, 4168217; 595903, 4168183; 

595908, 4168151; 595926, 4168100; 

595939, 4168079; 595949, 4168069; 

595964, 4168048; 595992, 4168019; 

596003, 4168015; 596031, 4168000; 

596051, 4167990; 596073, 4167977; 

596091, 4167970; 596115, 4167950; 

596133, 4167933; 596097, 4167900; 

596072, 4167808; 596097, 4167764; 

596081, 4167684; 596062, 4167618; 

596084, 4167557; 596123, 4167529; 

596159, 4167521; 596172, 4167485; 

596189, 4167440; 596206, 4167390; 

596222, 4167369; 596230, 4167341; 

596233, 4167299; 596236, 4167275; 

596241, 4167240; 596250, 4167212; 

596265, 4167160; 596273, 4167144; 

596279, 4167135; 596288, 4167130; 

596303, 4167130; 596315, 4167130; 

596344, 4167131; 596379, 4167138; 

596402, 4167142; 596430, 4167152; 

596449, 4167157; 596471, 4167164; 

596487, 4167169; 596497, 4167171; 

596508, 4167174; 596529, 4167177; 

596547, 4167178; 596572, 4167177; 

596586, 4167166; 596602, 4167148; 

596616, 4167120; 596612, 4167094; 

596595, 4167085; 596585, 4167071; 

596552, 4167061; 596542, 4167058; 

596511, 4167052; 596482, 4167047; 

596472, 4167045; 596426, 4167035; 

596393, 4167024; 596379, 4167007; 

596367, 4166977; 596361, 4166963; 

596354, 4166945; 596359, 4166928; 

596363, 4166907; 596371, 4166892; 

596385, 4166869; 596393, 4166857; 

596403, 4166835; 596404, 4166820; 

596410, 4166793; 596421, 4166782; 

596433, 4166755; 596446, 4166722; 

596455, 4166700; 596470, 4166674; 

596482, 4166654; 596488, 4166641; 

596496, 4166622; 596510, 4166602; 

596522, 4166582; 596529, 4166569; 

596543, 4166546; 596549, 4166527; 

596552, 4166516; 596561, 4166488; 

596571, 4166455; 596582, 4166427; 

596594, 4166395; 596611, 4166366; 

596618, 4166354; 596627, 4166340; 

596649, 4166312; 596672, 4166279; 

596683, 4166265; 596692, 4166256; 

596721, 4166237; 596740, 4166223; 

596748, 4166215; 596760, 4166201; 

596779, 4166183; 596786, 4166172; 

596791, 4166159; 596788, 4166127; 

596779, 4166095; 596764, 4166067; 

596750, 4166044; 596743, 4166014; 

596741, 4166001; 596737, 4165952; 

596743, 4165927; 596754, 4165905; 


rwilkins on PROD1PC63 with RULES_3
58222 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 

596767, 4165888; 596785, 4165869; 

596800, 4165854; 596816, 4165839; 

596845, 4165815; 596862, 4165797; 

596880, 4165769; 596888, 4165756; 

596895, 4165731; 596904, 4165706; 

596911, 4165691; 596930, 4165657; 

596942, 4165643; 596955, 4165629; 

596978, 4165597; 597001, 4165568; 

597026, 4165541; 597037, 4165534; 

597050, 4165529; 597093, 4165508; 

597105, 4165502; 597138, 4165479; 

597160, 4165463; 597178, 4165446; 

597209, 4165422; 597220, 4165409; 

597243, 4165385; 597263, 4165362; 

597275, 4165348; 597289, 4165326; 

597307, 4165295; 597322, 4165272; 

597337, 4165251; 597353, 4165235; 

597377, 4165210; 597423, 4165180; 

597442, 4165170; 597466, 4165157; 

597503, 4165136; 597541, 4165121; 

597557, 4165115; 597593, 4165106; 

597612, 4165120; 597621, 4165126; 

597632, 4165141; 597653, 4165161; 

597682, 4165182; 597698, 4165198; 

597710, 4165209; 597728, 4165225; 

597753, 4165242; 597777, 4165254; 

597797, 4165263; 597832, 4165279; 

597860, 4165292; 597886, 4165300; 

597907, 4165281; 597928, 4165249; 

597939, 4165230; 597948, 4165208; 

597957, 4165184; 597965, 4165174; 

597972, 4165166; 597994, 4165152; 

598026, 4165151; 598052, 4165157; 

598104, 4165164; 598149, 4165154; 

598170, 4165146; 598188, 4165136; 

598205, 4165121; 598226, 4165079; 

598241, 4165068; 598255, 4165059; 

598275, 4165038; 598299, 4165013; 

598316, 4164986; 598329, 4164959; 

598344, 4164932; 598357, 4164898; 

598364, 4164869; 598369, 4164856; 

598377, 4164835; 598389, 4164808; 

598401, 4164777; 598429, 4164725; 

598438, 4164716; 598448, 4164710; 

598468, 4164691; 598478, 4164685; 

598497, 4164678; 598519, 4164672; 

598546, 4164664; 598565, 4164657; 

598588, 4164644; 598637, 4164618; 

598649, 4164613; 598665, 4164601; 

598698, 4164578; 598718, 4164562; 

598727, 4164538; 598744, 4164497; 

598751, 4164455; 598758, 4164425; 

598772, 4164378; 598780, 4164350; 

598790, 4164316; 598804, 4164272; 

598820, 4164215; 598832, 4164180; 

598846, 4164141; 598858, 4164110; 

598865, 4164093; 598873, 4164072; 

598882, 4164049; 598896, 4164020; 

598912, 4163980; 598928, 4163941; 

598944, 4163907; 598964, 4163866; 

598980, 4163838; 598999, 4163798; 

599030, 4163743; 599049, 4163697; 

599076, 4163650; 599093, 4163620; 

598650, 4163199; 598162, 4163032; 

597935, 4162556; 597447, 4162401; 

596649, 4162377; 596727, 4161559; 

596679, 4161553; 596493, 4161501; 

596337, 4161460; 596182, 4161377; 

595985, 4161325; 595978, 4161334; 

595835, 4161377; 595690, 4161418; 

595607, 4161480; 595524, 4161563; 

595452, 4161646; 595369, 4161750; 

595234, 4161812; 595130, 4161853; 

595006, 4161884; 594871, 4161874; 

594799, 4161853; 594685, 4161791; 

594623, 4161729; 594550, 4161667; 

594426, 4161553; 594374, 4161480; 

594312, 4161377; 594271, 4161253; 

594229, 4161128; 594146, 4161066; 

594053, 4161035; 593991, 4161045; 

593939, 4161087; 593898, 4161128; 

593836, 4161190; 593815, 4161253; 

593815, 4161335; 593804, 4161418; 

593794, 4161543; 593784, 4161667; 

593753, 4161781; 593670, 4161843; 

593597, 4161864; 593483, 4161833; 

593359, 4161781; 593235, 4161729; 

593110, 4161698; 593028, 4161719; 

592945, 4161750; 592841, 4161760; 

592655, 4161791; 592530, 4161750; 

592489, 4161688; 592406, 4161605; 

592334, 4161501; 592261, 4161429; 

592199, 4161335; 592095, 4161149; 

592033, 4161025; 591992, 4160880; 

591950, 4160755; 591909, 4160704; 

591795, 4160610; 591775, 4160603; 

591660, 4160559; 591567, 4160486; 

591464, 4160424; 591407, 4160360; 

590912, 4160704; 589936, 4161024; 

589484, 4161385; 588893, 4161607; 

588409, 4162058; 588155, 4162354; 

587761, 4162321; 587490, 4162378; 

587244, 4162641; 586956, 4162846; 

586784, 4162879; 586784, 4162887; 

586790, 4163066; 586792, 4163117; 

586769, 4163141; 586644, 4163273; 

586431, 4163527; 586291, 4163766; 

586168, 4163954; 586029, 4164176; 

585897, 4164233; 585807, 4164324; 

585717, 4164644; 585716, 4164653; 

585712, 4164739; 585701, 4164972; 

585701, 4164986; 585712, 4165171; 

585832, 4165497; 585658, 4165554; 

585646, 4165742; 585381, 4165840; 

returning to 585269, 4165999. 

(ii) Note: Map of Unit 3 (Map 3) 

follows: 

BILLING CODE 4310–55–P 


rwilkins on PROD1PC63 with RULES_3
Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 58223 

BILLING CODE 4310–55–C (9) Unit 4: Mount Diablo-Black Hills, 

Contra Costa County, California. 

(i) From USGS 1:24,000 scale 

quadrangles Diablo, Tassajara, Walnut 


rwilkins on PROD1PC63 with RULES_3ER02OC06.002</GPH>
58224 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 

Creek, Clayton. Land bounded by the 

following UTM Zone 10, NAD83 

coordinates (E, N): 587469, 4194136; 

587939, 4194568; 588429, 4194484; 

588517, 4194568; 588718, 4194677; 

588869, 4194828; 588894, 4194853; 

588913, 4194953; 588927, 4195024; 

588899, 4195658; 588832, 4195885; 

588601, 4196521; 588591, 4196523; 

588592, 4196524; 588541, 4196661; 

588513, 4196736; 588530, 4196754; 

588603, 4196809; 588653, 4196812; 

588711, 4196735; 588752, 4196709; 

588774, 4196773; 588822, 4196829; 

588817, 4196858; 588874, 4196856; 

588923, 4196851; 588978, 4196874; 

589014, 4196931; 589062, 4196960; 

589090, 4196976; 589125, 4197042; 

589163, 4197117; 589092, 4197248; 

589049, 4197337; 588951, 4197415; 

588878, 4197515; 588807, 4197513; 

588719, 4197544; 588683, 4197488; 

588634, 4197493; 588606, 4197473; 

588481, 4197436; 588514, 4197345; 

588387, 4197362; 588264, 4197341; 

588239, 4197371; 588153, 4197461; 

588048, 4197462; 587967, 4197688; 

587998, 4197701; 588197, 4197775; 

588208, 4197815; 588219, 4197874; 

588215, 4197923; 588179, 4197993; 

588116, 4198041; 588057, 4198145; 

588027, 4198240; 588069, 4198275; 

588049, 4198330; 587987, 4198461; 

587703, 4198447; 587617, 4198658; 

587635, 4198690; 587734, 4198896; 

587828, 4199024; 587977, 4199159; 

588113, 4199284; 588173, 4199495; 

588149, 4199683; 588155, 4199884; 

588155, 4199906; 588211, 4200053; 

588236, 4200118; 588304, 4200203; 

588318, 4200196; 588335, 4200186; 

588440, 4200119; 588492, 4199940; 

588634, 4199995; 588719, 4199995; 

588818, 4199983; 588976, 4199963; 

589017, 4199991; 589071, 4200049; 

589154, 4200075; 589213, 4200087; 

589189, 4200499; 589188, 4200511; 

589337, 4200529; 589399, 4200536; 

589557, 4200549; 589631, 4200554; 

589707, 4200525; 589737, 4200514; 

589698, 4200337; 589687, 4199962; 

589926, 4199910; 590103, 4199986; 

590148, 4200033; 590148, 4200067; 

590152, 4200123; 590162, 4200201; 

590195, 4200260; 590211, 4200273; 

590238, 4200140; 590238, 4199868; 

590238, 4199631; 590146, 4199425; 

590144, 4199402; 590129, 4199228; 

590122, 4199141; 589488, 4199124; 

589423, 4199065; 589384, 4199049; 

589399, 4198938; 589438, 4198871; 

589480, 4198804; 589452, 4198667; 

589395, 4198502; 589397, 4198419; 

589504, 4198350; 589776, 4198339; 

589897, 4198345; 589993, 4198339; 

590092, 4198309; 590129, 4198284; 

590129, 4198131; 590238, 4197805; 

590509, 4197805; 590528, 4197805; 

590889, 4197805; 591201, 4197805; 

591211, 4197738; 591216, 4197601; 

591211, 4197496; 591268, 4197411; 

591415, 4197312; 591576, 4197402; 

591596, 4197423; 591704, 4197099; 

591866, 4196983; 592467, 4197245; 

593008, 4197752; 593012, 4198200; 

593037, 4198195; 593799, 4198194; 

593804, 4198194; 593802, 4197973; 

593800, 4197665; 594249, 4197677; 

594262, 4197408; 594618, 4197387; 

594647, 4196609; 595450, 4196605; 

595458, 4195926; 595671, 4195936; 

595674, 4196109; 596111, 4196119; 

596027, 4195950; 596184, 4195952; 

596281, 4196126; 597137, 4196128; 

597151, 4194892; 598757, 4194910; 

598752, 4195293; 598936, 4195287; 

598872, 4195917; 598742, 4196057; 

597972, 4196028; 597966, 4196498; 

598436, 4196509; 598524, 4196362; 

598740, 4196238; 598741, 4196154; 

598976, 4195997; 598984, 4195971; 

599024, 4195342; 599136, 4194911; 

599038, 4194400; 599071, 4194357; 

599349, 4194091; 597975, 4194029; 

597956, 4193671; 597159, 4193680; 

597159, 4193266; 596748, 4193261; 

596778, 4192517; 597149, 4192513; 

597156, 4189977; 597242, 4189986; 

597514, 4189551; 597894, 4189334; 

598165, 4189117; 598491, 4188791; 

598709, 4188511; 598753, 4188511; 

598753, 4188455; 598871, 4188302; 

599577, 4188411; 600012, 4188411; 

600446, 4187977; 600880, 4187651; 

601695, 4186728; 602129, 4186456; 

602944, 4185370; 603324, 4185153; 

603650, 4184936; 603779, 4184807; 

603542, 4184796; 601470, 4184564; 

600272, 4184571; 600238, 4184570; 

600195, 4184570; 600147, 4184570; 

599989, 4184567; 599977, 4184239; 

599550, 4184239; 599550, 4183913; 

599340, 4184011; 598785, 4184138; 

598786, 4184147; 598772, 4184597; 

598771, 4184647; 598763, 4185302; 

598761, 4185412; 598758, 4185541; 

598755, 4185742; 598755, 4185749; 

598754, 4185765; 598750, 4186082; 

598639, 4186080; 598470, 4186163; 

598367, 4186076; 598252, 4186058; 

598249, 4186065; 598207, 4186074; 

598159, 4186018; 598117, 4186002; 

598011, 4185918; 597984, 4185821; 

597924, 4185799; 597753, 4185622; 

597719, 4185636; 597626, 4185685; 

597525, 4185702; 597426, 4185779; 

597369, 4185868; 597416, 4185961; 

597493, 4186033; 597548, 4185942; 

597641, 4185957; 597599, 4186043; 

597618, 4186093; 597687, 4186112; 

597752, 4186146; 597745, 4186227; 

597804, 4186333; 597826, 4186358; 

597805, 4186397; 597766, 4186378; 

597734, 4186380; 597646, 4186425; 

597605, 4186411; 597553, 4186316; 

597463, 4186346; 597449, 4186405; 

597478, 4186430; 597464, 4186469; 

597413, 4186463; 597382, 4186509; 

597327, 4186508; 597309, 4186656; 

597316, 4186737; 597342, 4186783; 

597337, 4186788; 597354, 4186834; 

597403, 4186877; 597481, 4186910; 

597469, 4186984; 597351, 4186920; 

597272, 4186833; 597170, 4186823; 

597163, 4186771; 597203, 4186697; 

597206, 4186686; 597204, 4186675; 

597127, 4186611; 597023, 4186628; 

596933, 4186658; 596921, 4186625; 

596959, 4186587; 596961, 4186540; 

597091, 4186479; 597095, 4186403; 

597103, 4186386; 597151, 4186191; 

597107, 4186163; 596981, 4186073; 

596847, 4186065; 596749, 4186139; 

596747, 4186198; 596669, 4186270; 

596665, 4186338; 596691, 4186540; 

596643, 4186586; 596616, 4186654; 

596575, 4186713; 596484, 4186784; 

596407, 4186701; 596360, 4186729; 

596334, 4186756; 596317, 4186745; 

596281, 4186732; 596201, 4186675; 

596157, 4186654; 596097, 4186656; 

596025, 4186654; 595957, 4186653; 

595747, 4186647; 595746, 4186683; 

596008, 4186985; 596001, 4187244; 

595730, 4187237; 595719, 4187540; 

595808, 4187704; 595759, 4187758; 

595729, 4187774; 595703, 4187743; 

595667, 4187710; 595585, 4187614; 

595558, 4187648; 595528, 4187667; 

595499, 4187679; 595487, 4187698; 

595468, 4187800; 595447, 4187855; 

595413, 4187888; 595429, 4187967; 

595434, 4188064; 595407, 4188098; 

595386, 4188085; 595340, 4188061; 

595350, 4188041; 595347, 4187986; 

595324, 4187940; 595291, 4187920; 

595266, 4187812; 595294, 4187742; 

595299, 4187714; 595293, 4187693; 

595257, 4187654; 595225, 4187582; 

595197, 4187526; 595193, 4187381; 

595173, 4187306; 595140, 4187260; 

595071, 4187230; 595069, 4187225; 

595055, 4187217; 595022, 4187220; 

594918, 4187213; 594836, 4187242; 

594742, 4187278; 594650, 4187314; 

594641, 4187318; 594544, 4187327; 

594544, 4187327; 594443, 4187362; 

594349, 4187395; 594305, 4187448; 

594282, 4187528; 594262, 4187601; 

594259, 4187610; 594243, 4187669; 

594230, 4187682; 594226, 4187687; 

594226, 4187719; 594228, 4187774; 

594222, 4187774; 593800, 4187766; 

593776, 4187904; 593715, 4187966; 

593667, 4187969; 593636, 4187970; 

593366, 4187931; 593343, 4187957; 

593320, 4187982; 593151, 4187981; 

593144, 4187981; 593142, 4187978; 

593010, 4188098; 592921, 4188293; 

592931, 4188292; 592842, 4188494; 

592804, 4188582; 592739, 4188729; 

592734, 4188740; 592670, 4188720; 

592613, 4188713; 592610, 4188712; 

592607, 4188712; 592607, 4188718; 


rwilkins on PROD1PC63 with RULES_3
Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 58225 

592608, 4188849; 592585, 4188842; 

592585, 4188842; 592563, 4188852; 

592554, 4188879; 592548, 4188897; 

592581, 4188931; 592583, 4188954; 

592400, 4189066; 592401, 4189071; 

592408, 4189112; 592415, 4189115; 

592460, 4189134; 592442, 4189198; 

592436, 4189221; 592206, 4189212; 

592206, 4189328; 592216, 4189495; 

592268, 4189579; 592267, 4189601; 

592258, 4189791; 592258, 4189799; 

592373, 4189936; 592436, 4190030; 

592541, 4190082; 592625, 4190103; 

592625, 4190449; 592531, 4190449; 

592436, 4190460; 592363, 4190481; 

592300, 4190460; 592216, 4190491; 

592101, 4190533; 591996, 4190596; 

591881, 4190690; 591839, 4190764; 

591797, 4190837; 591775, 4190852; 

591734, 4190879; 591639, 4190932; 

591493, 4191047; 591445, 4191063; 

591429, 4191068; 591304, 4191110; 

591241, 4191162; 591105, 4191267; 

591010, 4191267; 590916, 4191298; 

590843, 4191246; 590843, 4191120; 

590798, 4191044; 590769, 4190994; 

590692, 4191040; 590643, 4191068; 

590570, 4191120; 590507, 4191141; 

590423, 4191246; 590339, 4191372; 

590266, 4191382; 590245, 4191414; 

590235, 4191634; 590140, 4191917; 

589899, 4191739; 589857, 4191686; 

589763, 4191487; 589648, 4191519; 

589480, 4191529; 589333, 4191508; 

589092, 4191676; 589040, 4191644; 

588977, 4191644; 588851, 4191686; 

588851, 4191704; 588851, 4191728; 

588966, 4191969; 588977, 4192085; 

588966, 4192116; 588872, 4192158; 

588809, 4192252; 588809, 4192305; 

588725, 4192483; 588788, 4192619; 

588746, 4192630; 588694, 4192630; 

588536, 4192777; 588410, 4192861; 

588295, 4192944; 588295, 4193007; 

588264, 4193154; 588159, 4193238; 

588096, 4193353; 587700, 4193738; 

returning to 587469, 4194136. 

(ii) Note: Map of Unit 4 (Map 4) 

follows: 

BILLING CODE 4310✖55–P 


rwilkins on PROD1PC63 with RULES_3
58226 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 

BILLING CODE 4310–55–C 


rwilkins on PROD1PC63 with RULES_3ER02OC06.003</GPH>
Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 58227 

(10) Unit 5A: Cedar Mountain, 

Alameda and San Joaquin Counties, 

California. 

(i) From USGS 1:24,000 scale 

quadrangles Altamont, Midway, 

Mendenhall Springs, and Cedar Mtn. 

Land bounded by the following UTM 

Zone 10, NAD83 coordinates (E, N): 

624962, 4170579; 625090, 4170515; 

625154, 4170515; 625282, 4170515; 

625474, 4170515; 625645, 4170558; 

625731, 4170366; 625837, 4170216; 

626179, 4170216; 626478, 4170066; 

626585, 4170066; 626607, 4170195; 

626586, 4170399; 626612, 4170390; 

626615, 4170402; 626626, 4170412; 

626629, 4170422; 626647, 4170434; 

626684, 4170436; 626707, 4170437; 

626747, 4170425; 626770, 4170407; 

626790, 4170391; 626813, 4170378; 

626916, 4170347; 626952, 4170323; 

626958, 4170301; 626972, 4170253; 

626979, 4170229; 626989, 4170208; 

627014, 4170156; 627029, 4170132; 

627056, 4170089; 627067, 4170049; 

627082, 4170002; 627104, 4169947; 

627139, 4169865; 627167, 4169809; 

627195, 4169785; 627228, 4169767; 

627251, 4169785; 627304, 4169793; 

627382, 4169802; 627397, 4169763; 

627414, 4169719; 627433, 4169669; 

627458, 4169619; 627478, 4169587; 

627515, 4169552; 627558, 4169537; 

627589, 4169507; 627605, 4169498; 

627635, 4169480; 627660, 4169479; 

627680, 4169489; 627710, 4169497; 

627746, 4169507; 627774, 4169519; 

627799, 4169530; 627821, 4169526; 

627879, 4169517; 627925, 4169510; 

627973, 4169509; 628048, 4169503; 

628109, 4169500; 628174, 4169480; 

628209, 4169464; 628262, 4169442; 

628292, 4169436; 628335, 4169426; 

628368, 4169417; 628404, 4169394; 

628430, 4169357; 628450, 4169311; 

628467, 4169264; 628487, 4169239; 

628505, 4169216; 628508, 4169199; 

628522, 4169179; 628555, 4169134; 

628575, 4169119; 628598, 4169094; 

628639, 4169047; 628666, 4169011; 

628750, 4168928; 628805, 4168875; 

628842, 4168896; 628863, 4168894; 

628886, 4168893; 628938, 4168875; 

628971, 4168851; 629006, 4168810; 

629023, 4168784; 629021, 4168755; 

629020, 4168729; 629029, 4168691; 

629039, 4168653; 629035, 4168625; 

629041, 4168604; 629049, 4168574; 

629076, 4168531; 629098, 4168485; 

629141, 4168434; 629182, 4168396; 

629196, 4168394; 629218, 4168381; 

629270, 4168352; 629286, 4168227; 

629286, 4168009; 629326, 4167870; 

629564, 4167612; 629544, 4167413; 

629524, 4167116; 629504, 4166838; 

629643, 4166600; 629683, 4166342; 

629584, 4166104; 629385, 4165985; 

629167, 4166005; 628671, 4165925; 

628532, 4165786; 628314, 4165628; 

628155, 4165370; 627897, 4165012; 

627738, 4164655; 627599, 4164358; 

627183, 4164020; 626925, 4163643; 

626925, 4163246; 627024, 4162929; 

627202, 4162770; 627163, 4162631; 

626845, 4162393; 626627, 4162175; 

626250, 4161996; 625774, 4161798; 

625416, 4161758; 625297, 4161540; 

625357, 4161341; 625615, 4161063; 

625952, 4160647; 626270, 4160389; 

626309, 4160091; 626250, 4159575; 

626270, 4159377; 626409, 4159139; 

626349, 4158781; 626369, 4158385; 

626239, 4157942; 626171, 4157710; 

625893, 4157511; 625674, 4157492; 

625436, 4157630; 625278, 4157531; 

624901, 4157571; 624762, 4157412; 

624524, 4157313; 624206, 4157293; 

623809, 4157293; 623373, 4157273; 

623369, 4157265; 623273, 4157015; 

622122, 4157293; 621011, 4157928; 

620436, 4158722; 619801, 4159258; 

619761, 4159774; 619543, 4159754; 

619166, 4159694; 618888, 4159734; 

618531, 4159774; 618293, 4159833; 

617896, 4159774; 617538, 4159694; 

617360, 4159436; 616983, 4159337; 

616586, 4159218; 615732, 4159484; 

615878, 4159699; 615819, 4160001; 

615780, 4160265; 615771, 4160548; 

615878, 4160899; 615917, 4161191; 

615790, 4161328; 615771, 4161679; 

615653, 4162020; 615897, 4162459; 

616170, 4162645; 616375, 4163064; 

616328, 4163465; 616368, 4163901; 

616308, 4164397; 616658, 4164712; 

616715, 4164704; 616865, 4164811; 

617057, 4164918; 617164, 4165025; 

617207, 4165153; 617249, 4165196; 

617484, 4165260; 617698, 4165260; 

617912, 4165260; 618061, 4165174; 

618296, 4165025; 618339, 4164896; 

618446, 4164896; 618531, 4164854; 

618659, 4164768; 618745, 4164597; 

618830, 4164533; 618873, 4164405; 

618980, 4164362; 619108, 4164362; 

619236, 4164234; 619514, 4163999; 

619599, 4163978; 619792, 4163935; 

619941, 4163871; 620048, 4163871; 

620133, 4163743; 620411, 4163743; 

620603, 4163572; 620689, 4163572; 

620796, 4163529; 621137, 4163422; 

621244, 4163444; 621437, 4163358; 

621543, 4163316; 621672, 4163294; 

621800, 4163187; 621821, 4162995; 

621832, 4163004; 622206, 4163294; 

622206, 4163465; 622206, 4163572; 

622248, 4163679; 622013, 4163935; 

621928, 4163956; 621800, 4163999; 

621736, 4164085; 621714, 4164277; 

621565, 4164341; 621415, 4164384; 

621372, 4164576; 621330, 4164640; 

621266, 4164726; 621266, 4164832; 

621415, 4164961; 621522, 4165046; 

621650, 4165131; 621714, 4165238; 

621693, 4165345; 621672, 4165473; 

621714, 4165580; 621693, 4165815; 

621607, 4165965; 621586, 4166071; 

621565, 4166232; 621565, 4166285; 

621650, 4166520; 621821, 4166712; 

622013, 4166926; 622099, 4166947; 

622334, 4167140; 622547, 4167204; 

622633, 4167289; 622590, 4167396; 

622526, 4167588; 622526, 4167866; 

622526, 4167994; 622483, 4168144; 

622462, 4168315; 622676, 4168528; 

622782, 4168742; 622782, 4168891; 

622654, 4169020; 622505, 4169126; 

622355, 4169126; 622377, 4169233; 

622419, 4169426; 622419, 4169596; 

622419, 4169767; 622312, 4169810; 

624150, 4169789; 624342, 4169874; 

624492, 4170024; 624492, 4170152; 

624492, 4170323; 624534, 4170494; 

624705, 4170601; 624833, 4170643; 

returning to 624962, 4170579. 

(ii) Note: Map of Unit 5A is provided 

in paragraph (11)(ii) of this section. 

(11) Unit 5B; Alameda County and 

Santa Clara County, California. 

(i) From USGS 1:24,000 scale 

quadrangles Niles, La Costa Valley, 

Mendenhall Springs, Calaveras 

Reservoir, Mt. Day. Land bounded by 

the following UTM Zone 10, NAD83 

coordinates (E, N): 602197, 4155953; 

602394, 4155892; 602698, 4155953; 

602747, 4156027; 603122, 4156019; 

603577, 4155710; 603854, 4155726; 

603919, 4155564; 604114, 4155499; 

604130, 4155353; 604634, 4155174; 

604797, 4154979; 605138, 4155483; 

605561, 4155580; 605805, 4155743; 

606943, 4154914; 607089, 4154702; 

607349, 4154670; 607658, 4154410; 

607772, 4154166; 608146, 4153922; 

608309, 4153499; 608585, 4153402; 

608666, 4153255; 608926, 4153255; 

609203, 4153125; 609284, 4152979; 

609609, 4152995; 610195, 4152816; 

610634, 4152394; 610699, 4152198; 

611398, 4152198; 611983, 4152475; 

612373, 4152475; 612650, 4152361; 

613056, 4152540; 613446, 4152524; 

613593, 4152361; 614487, 4151955; 

614617, 4151961; 614780, 4151820; 

614962, 4151397; 614905, 4151070; 

615116, 4150964; 615241, 4150715; 

615366, 4150801; 615750, 4150782; 

616019, 4150206; 616192, 4150109; 

616413, 4149812; 616499, 4149254; 

616134, 4148909; 615641, 4148634; 

615372, 4147941; 614624, 4147768; 

614579, 4147670; 614189, 4147648; 

613874, 4147530; 613683, 4147420; 

613492, 4147170; 613184, 4147002; 

613007, 4146920; 612824, 4147011; 

612733, 4146904; 612627, 4146904; 

612475, 4146920; 612323, 4147102; 

611959, 4147102; 611701, 4147481; 

611337, 4147588; 611185, 4147542; 

610866, 4148043; 610638, 4148134; 

610699, 4148241; 610623, 4148301; 

610365, 4148286; 610365, 4148362; 

610092, 4148575; 609849, 4148575; 

609257, 4148800; 609257, 4149227; 


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58228 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 

609090, 4149379; 608771, 4149288; 

608391, 4149531; 608057, 4149516; 

607693, 4149789; 607161, 4149470; 

606645, 4149546; 606478, 4149956; 

606463, 4150457; 606387, 4150518; 

605901, 4150472; 605795, 4150563; 

605750, 4150913; 605628, 4151034; 

605036, 4151186; 604763, 4151398; 

604186, 4151429; 604292, 4151095; 

604277, 4150821; 604034, 4150791; 

603973, 4150472; 603867, 4150609; 

603533, 4150746; 603396, 4151262; 

603199, 4151565; 603108, 4151550; 

603047, 4151656; 602759, 4151778; 

602425, 4151793; 602377, 4151646; 

602030, 4151353; 601817, 4151292; 

601301, 4150943; 601438, 4150852; 

601377, 4150670; 600982, 4150624; 

600724, 4150320; 600239, 4150290; 

600087, 4150487; 599829, 4150548; 

599737, 4150700; 599707, 4151292; 

599586, 4151626; 598902, 4152355; 

599039, 4152385; 599191, 4152552; 

599510, 4153372; 599540, 4153645; 

599358, 4153827; 599555, 4153949; 

599662, 4154161; 599677, 4154526; 

599798, 4154541; 600056, 4154860; 

600421, 4154936; 600922, 4154799; 

601392, 4154966; 601514, 4155042; 

601575, 4155179; 601544, 4155437; 

601711, 4155558; 601833, 4155877; 

602106, 4156074; returning to 602197, 

4155953. 

(ii) Note: Map of Unit 5A and Unit 5B 

(Map 5) follows: 

BILLING CODE 4310–55–P 


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Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 58229 

BILLING CODE 4310–55–C 


rwilkins on PROD1PC63 with RULES_3ER02OC06.004</GPH>
58230 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 

(12) Unit 6: Caldecott Tunnel, 

Alameda and Contra Costa Counties, 

California. 

(i) From USGS 1:24,000 scale 

quadrangles Briones Valley, and 

Oakland East. Land bounded by the 

following UTM Zone 10, NAD83 

coordinates (E, N): 566273, 4191731; 

566273, 4191775; 566276, 4191777; 

566275, 4191780; 566294, 4191824; 

566332, 4191876; 566329, 4191875; 

566330, 4191877; 566390, 4191931; 

566415, 4191935; 566458, 4191942; 

566525, 4191942; 566600, 4191940; 

566669, 4191935; 566750, 4191950; 

566752, 4191952; 566839, 4191957; 

566944, 4191974; 567064, 4191950; 

567124, 4191941; 567186, 4191988; 

567240, 4192047; 567227, 4192102; 

567203, 4192172; 567156, 4192217; 

567079, 4192271; 567066, 4192295; 

567040, 4192363; 567037, 4192422; 

567001, 4192463; 566959, 4192511; 

566950, 4192542; 566937, 4192585; 

566909, 4192628; 566891, 4192658; 

566845, 4192729; 566798, 4192772; 

566741, 4192832; 566727, 4192843; 

566723, 4192842; 566687, 4192855; 

566647, 4192882; 566625, 4192904; 

566624, 4192905; 566624, 4192906; 

566627, 4192907; 566650, 4192915; 

566650, 4192915; 566776, 4192988; 

566895, 4193034; 567014, 4193041; 

567193, 4193015; 567365, 4192955; 

567470, 4192915; 567596, 4192862; 

567735, 4192796; 567874, 4192737; 

568059, 4192697; 568154, 4192688; 

568198, 4192684; 568350, 4192684; 

568516, 4192684; 568668, 4192690; 

568794, 4192710; 568816, 4192719; 

568885, 4192674; 569349, 4192659; 

570105, 4192947; 570104, 4192949; 

570201, 4192984; 570206, 4192985; 

570967, 4193256; 571027, 4193166; 

571060, 4193146; 571089, 4193100; 

571085, 4193094; 571113, 4193087; 

571153, 4193067; 571189, 4193034; 

571239, 4192998; 571292, 4192955; 

571345, 4192912; 571391, 4192879; 

571440, 4192856; 571474, 4192826; 

571493, 4192770; 571507, 4192720; 

571507, 4192677; 571509, 4192637; 

571500, 4192615; 571485, 4192563; 

571471, 4192513; 571463, 4192468; 

571449, 4192419; 571443, 4192379; 

571428, 4192347; 571426, 4192341; 

571396, 4192291; 571336, 4192158; 

571335, 4192155; 571309, 4192084; 

571230, 4191987; 571131, 4191901; 

571110, 4191870; 571063, 4191824; 

571036, 4191808; 571021, 4191784; 

571000, 4191768; 570982, 4191756; 

570968, 4191741; 570953, 4191723; 

570942, 4191705; 570924, 4191679; 

570902, 4191656; 570890, 4191641; 

570876, 4191624; 570855, 4191599; 

570818, 4191574; 570789, 4191551; 

570766, 4191532; 570748, 4191520; 

570730, 4191505; 570713, 4191489; 

570696, 4191477; 570666, 4191470; 

570652, 4191472; 570642, 4191487; 

570624, 4191517; 570623, 4191557; 

570610, 4191565; 570597, 4191564; 

570569, 4191545; 570544, 4191533; 

570522, 4191522; 570481, 4191513; 

570431, 4191507; 570377, 4191500; 

570335, 4191500; 570296, 4191493; 

570271, 4191488; 570228, 4191474; 

570182, 4191457; 570131, 4191433; 

570106, 4191422; 570052, 4191402; 

570011, 4191390; 569972, 4191372; 

569929, 4191357; 569883, 4191341; 

569840, 4191327; 569800, 4191313; 

569709, 4191263; 569680, 4191243; 

569662, 4191230; 569631, 4191209; 

569607, 4191194; 569587, 4191178; 

569562, 4191158; 569542, 4191128; 

569529, 4191089; 569518, 4191057; 

569512, 4191026; 569507, 4191000; 

569503, 4190973; 569497, 4190945; 

569491, 4190916; 569480, 4190893; 

569464, 4190866; 569458, 4190850; 

569450, 4190828; 569442, 4190801; 

569422, 4190770; 569400, 4190748; 

569378, 4190719; 569367, 4190704; 

569361, 4190680; 569366, 4190659; 

569394, 4190657; 569425, 4190659; 

569453, 4190661; 569483, 4190662; 

569506, 4190650; 569526, 4190643; 

569539, 4190637; 569548, 4190661; 

569558, 4190707; 569565, 4190747; 

569575, 4190779; 569593, 4190830; 

569602, 4190856; 569612, 4190892; 

569622, 4190907; 569630, 4190935; 

569639, 4190973; 569642, 4190993; 

569647, 4191031; 569650, 4191055; 

569660, 4191091; 569666, 4191105; 

569679, 4191137; 569688, 4191146; 

569718, 4191166; 569782, 4191200; 

569814, 4191218; 569865, 4191241; 

569965, 4191276; 570008, 4191299; 

570032, 4191310; 570064, 4191321; 

570101, 4191336; 570140, 4191343; 

570186, 4191350; 570223, 4191351; 

570235, 4191352; 570263, 4191311; 

570652, 4191238; 570706, 4191244; 

570724, 4191310; 570758, 4191385; 

570802, 4191401; 570818, 4191407; 

570862, 4191409; 570947, 4191357; 

571019, 4191288; 571101, 4191224; 

571197, 4191141; 571215, 4191127; 

571062, 4190723; 571068, 4190712; 

571078, 4190695; 571080, 4190684; 

571082, 4190675; 571089, 4190659; 

571103, 4190639; 571130, 4190610; 

571154, 4190584; 571169, 4190573; 

571187, 4190563; 571187, 4190553; 

571189, 4190539; 571201, 4190525; 

571209, 4190518; 571220, 4190521; 

571233, 4190526; 571251, 4190537; 

571261, 4190535; 571280, 4190532; 

571307, 4190531; 571329, 4190534; 

571338, 4190526; 571353, 4190516; 

571363, 4190508; 571365, 4190503; 

571375, 4190488; 571395, 4190466; 

571413, 4190452; 571434, 4190442; 

571446, 4190439; 571462, 4190438; 

571501, 4190409; 571518, 4190382; 

571532, 4190368; 571530, 4190356; 

571530, 4190350; 571532, 4190326; 

571543, 4190299; 571554, 4190284; 

571569, 4190268; 571587, 4190253; 

571621, 4190240; 571650, 4190240; 

571676, 4190245; 571711, 4190256; 

571727, 4190260; 571727, 4190257; 

571728, 4190233; 571737, 4190205; 

571757, 4190178; 571799, 4190134; 

571837, 4190109; 571864, 4190088; 

571906, 4190051; 571936, 4190024; 

571957, 4190013; 572007, 4189996; 

572029, 4189908; 572044, 4189882; 

572057, 4189869; 572066, 4189862; 

572094, 4189850; 572124, 4189847; 

572160, 4189839; 572205, 4189832; 

572226, 4189836; 572263, 4189846; 

572304, 4189859; 572342, 4189843; 

572359, 4189837; 572382, 4189835; 

572400, 4189837; 572427, 4189846; 

572448, 4189859; 572461, 4189872; 

572473, 4189859; 572490, 4189852; 

572538, 4189848; 572694, 4189850; 

572729, 4189845; 572755, 4189840; 

572861, 4189793; 572876, 4189783; 

572913, 4189747; 572989, 4189665; 

573044, 4189602; 573076, 4189564; 

573078, 4189557; 573124, 4189412; 

573209, 4189380; 573237, 4189455; 

573402, 4189420; 573445, 4189336; 

573625, 4188983; 573587, 4188867; 

573568, 4188810; 573554, 4188767; 

574038, 4188607; 574070, 4188596; 

574233, 4188195; 574259, 4188130; 

574257, 4188128; 574237, 4188122; 

574149, 4188116; 574055, 4188110; 

573986, 4188110; 573898, 4188116; 

573804, 4188122; 573710, 4188122; 

573597, 4188103; 573484, 4188097; 

573371, 4188084; 573251, 4188072; 

573163, 4188053; 573050, 4188034; 

572943, 4188003; 572824, 4187978; 

572686, 4187965; 572560, 4187984; 

572447, 4188022; 572340, 4188072; 

572259, 4188110; 572146, 4188147; 

572045, 4188160; 571970, 4188166; 

571888, 4188166; 571887, 4188166; 

571887, 4188166; 571887, 4188165; 

571886, 4188165; 571886, 4188165; 

571881, 4188161; 571877, 4188157; 

571873, 4188153; 571871, 4188149; 

571870, 4188147; 571869, 4188144; 

571867, 4188142; 571864, 4188142; 

571861, 4188142; 571853, 4188140; 

571840, 4188132; 571830, 4188124; 

571820, 4188118; 571808, 4188115; 

571795, 4188114; 571786, 4188115; 

571778, 4188116; 571765, 4188119; 

571749, 4188124; 571727, 4188134; 

571718, 4188138; 571708, 4188144; 

571698, 4188159; 571692, 4188165; 

571679, 4188165; 571670, 4188161; 

571655, 4188156; 571634, 4188158; 

571592, 4188163; 571567, 4188176; 

571565, 4188179; 571512, 4188141; 

571496, 4188145; 571484, 4188148; 


rwilkins on PROD1PC63 with RULES_3
Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 58231 

571473, 4188148; 571459, 4188148; 

571450, 4188148; 571425, 4188145; 

571395, 4188147; 571362, 4188155; 

571338, 4188158; 571339, 4188199; 

571336, 4188202; 571332, 4188206; 

571316, 4188221; 571290, 4188247; 

571267, 4188268; 571159, 4188361; 

571159, 4188361; 571152, 4188367; 

571152, 4188367; 571152, 4188369; 

571147, 4188412; 571139, 4188431; 

571124, 4188447; 571110, 4188455; 

571092, 4188459; 571077, 4188458; 

571059, 4188452; 571045, 4188442; 

571037, 4188430; 571036, 4188431; 

570979, 4188447; 570979, 4188503; 

570910, 4188502; 570903, 4188514; 

570896, 4188523; 570877, 4188533; 

570872, 4188536; 570858, 4188540; 

570843, 4188543; 570813, 4188552; 

570797, 4188566; 570784, 4188581; 

570763, 4188592; 570733, 4188594; 

570735, 4188667; 570745, 4188667; 

570754, 4188667; 570787, 4188661; 

570788, 4188661; 570806, 4188660; 

570819, 4188664; 570830, 4188660; 

570833, 4188677; 570824, 4188685; 

570803, 4188734; 570801, 4188738; 

570730, 4188783; 570704, 4188807; 

570690, 4188830; 570693, 4188851; 

570693, 4188866; 570696, 4188864; 

570697, 4188875; 570701, 4188926; 

570692, 4188981; 570673, 4189023; 

570620, 4189064; 570596, 4189097; 

570554, 4189137; 570547, 4189144; 

570529, 4189180; 570491, 4189204; 

570482, 4189203; 570441, 4189197; 

570400, 4189209; 570348, 4189212; 

570323, 4189220; 570316, 4189215; 

570313, 4189213; 570304, 4189214; 

570277, 4189222; 570237, 4189275; 

570227, 4189303; 570206, 4189322; 

570160, 4189358; 570140, 4189388; 

570127, 4189406; 570119, 4189422; 

570108, 4189444; 570081, 4189442; 

570074, 4189388; 570068, 4189365; 

570062, 4189348; 570055, 4189335; 

570039, 4189356; 570011, 4189362; 

569994, 4189361; 569984, 4189360; 

569972, 4189368; 569961, 4189370; 

569955, 4189354; 569962, 4189345; 

569981, 4189335; 569988, 4189319; 

569980, 4189290; 569976, 4189256; 

569979, 4189255; 569976, 4189241; 

569962, 4189230; 569954, 4189216; 

569954, 4189193; 569947, 4189169; 

569934, 4189135; 569917, 4189099; 

569908, 4189068; 569904, 4189038; 

569901, 4189010; 569887, 4188982; 

569881, 4188962; 569876, 4188940; 

569869, 4188915; 569858, 4188902; 

569837, 4188888; 569819, 4188877; 

569814, 4188860; 569809, 4188835; 

569817, 4188807; 569833, 4188798; 

569830, 4188740; 569812, 4188737; 

569797, 4188801; 569800, 4188803; 

569795, 4188810; 569711, 4189182; 

569653, 4189441; 569641, 4189496; 

569636, 4189583; 569616, 4189631; 

569598, 4189682; 569594, 4189688; 

569411, 4189917; 569406, 4189923; 

569374, 4189924; 569274, 4189980; 

569225, 4190030; 569177, 4190078; 

569155, 4190106; 569155, 4190106; 

569136, 4190157; 569081, 4190173; 

569032, 4190167; 569002, 4190189; 

568998, 4190224; 568980, 4190269; 

568946, 4190290; 568922, 4190323; 

568917, 4190364; 568874, 4190407; 

568830, 4190433; 568805, 4190445; 

568769, 4190447; 568737, 4190460; 

568752, 4190479; 568751, 4190531; 

568734, 4190563; 568709, 4190593; 

568678, 4190593; 568668, 4190561; 

568653, 4190529; 568616, 4190528; 

568591, 4190563; 568571, 4190602; 

568571, 4190642; 568572, 4190676; 

568572, 4190713; 568544, 4190750; 

568497, 4190740; 568399, 4190730; 

568348, 4190753; 568311, 4190797; 

568321, 4190846; 568286, 4190879; 

568234, 4190900; 568189, 4190901; 

568159, 4190874; 568128, 4190840; 

568090, 4190857; 568083, 4190876; 

568077, 4190892; 568039, 4190907; 

568033, 4190907; 567986, 4190905; 

567958, 4190903; 567880, 4191055; 

567753, 4191088; 567774, 4191141; 

567786, 4191184; 567793, 4191211; 

567628, 4191208; 567585, 4191141; 

567544, 4191110; 567515, 4191105; 

567484, 4191124; 567463, 4191153; 

567439, 4191163; 567405, 4191148; 

567395, 4191124; 567395, 4191098; 

567398, 4191072; 567273, 4191000; 

567225, 4190952; 567182, 4190935; 

566962, 4190894; 566820, 4190877; 

566797, 4190871; 566794, 4190872; 

566746, 4190862; 566691, 4190848; 

566634, 4190839; 566578, 4190827; 

566565, 4190839; 566538, 4190851; 

566505, 4190864; 566476, 4190886; 

566455, 4190918; 566441, 4190942; 

566440, 4190975; 566440, 4191017; 

566445, 4191065; 566448, 4191102; 

566445, 4191121; 566437, 4191147; 

566426, 4191175; 566420, 4191219; 

566417, 4191239; 566550, 4191256; 

566714, 4191328; 566840, 4191413; 

566850, 4191422; 566864, 4191428; 

566894, 4191453; 566899, 4191506; 

566850, 4191574; 566801, 4191623; 

566722, 4191661; 566642, 4191669; 

566549, 4191647; 566476, 4191647; 

566431, 4191648; 566387, 4191648; 

566317, 4191674; 566287, 4191694; 

returning to 566273, 4191731. 

(ii) Note: Map of Unit 6 provided in 

paragraph (7)(ii) of this section. 

* * * * * 

Dated: September 22, 2006. 

David M. Verhey, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 06–8367 Filed 9–29–06; 8:45 am] 

BILLING CODE 4310–55–P 


rwilkins on PROD1PC63 with RULES_3