28016 Federal Register / Vol. 72, No. 96 / Friday, May 18, 2007 / Proposed Rules 

paragraph (a) of this section must 

comply with the following safety 

requirements and compliance deadlines. 

(1) Identify all segments of pipelines 

meeting the criteria and comply with 

the reporting requirements of Subpart B 

for these segments before [6–12 months 

following effective date of final rule]. To 

carry out the integrity management 

requirements in § 195.452, an operator 

may conduct a determination per 

§ 195.452(a) in lieu of the 1⁄2 mile buffer. 

(2)(i) Establish and apply a program in 

accordance with § 195.452 to assure the 

integrity of the low-stress pipeline 

segments before [12 months following 

effective date of final rule]. 

(ii) Complete the baseline assessment 

of all segments in accordance with 

§ 195.452(c) not later than [60 months–

84 months following the effective date 

of final rule] and complete at least 50 

percent of the assessments, beginning 

with the highest risk pipe, not later than 

[30 months–48 months following the 

effective date of final rule]. 

(3) Comply with all other safety 

requirements of this part, except 

Subpart H, before [12 months–24 

months following effective date of final 

rule]. Comply with Subpart H before [24 

months–36 months following effective 

date of final rule]. 

(c) Economic compliance burden. (1) 

An operator may notify PHMSA in 

accordance with § 195.452(m) of 

situations meeting the following criteria: 

(i) The pipeline meets the criteria in 

paragraph (a) of this section; 

(ii) The pipeline carries crude oil from 

a production facility; 

(iii) The pipeline, when in operation, 

operates at a flow rate less than or equal 

to 14,000 barrels per day; and 

(iv) The operator determines it would 

abandon or shut-in the pipeline as a 

result of the economic burden to comply 

with the assessment requirements in 

§§ 195.452(d) or (j). 

(2) When an operator notifies PHMSA 

in accordance with paragraph (c)(1) of 

this section, PHMSA will stay 

compliance with §§ 195.452(d) and 

195.452 (j)(3) until it has completed an 

analysis of the notification. PHMSA will 

consult the Department of Energy 

(DOE), as appropriate, to help analyze 

the potential energy impact of loss of 

the pipeline. Based on the analysis, 

PHMSA may grant the operator a special 

permit to allow continued operation of 

the line while also assuring safety 

through alternative safety requirements. 

(d) New USAs. If, after [effective date 

of final rule], an operator identifies a 

new unusually sensitive area and a 

segment of pipeline meets the criteria in 

paragraph (a) of this section, the 

operator must take the following 

actions: 

(1) Except for paragraph (b)(2) of this 

section, implement the requirements of 

this part, within [6 months–1 year 

following the effective date of final rule] 

from the date the area is identified; 

(2) Establish and apply the program 

required in paragraph (b)(2)(i) within 12 

months following the date the area is 

identified; and 

(3) Complete the baseline assessment 

required by paragraph (b)(2)(ii) of this 

section according to the schedule in 

§ 195.452(d)(3). 

4. Add § 195.48 in Subpart B to read 

as follows: 

§ 195.48 Scope. 

This subpart prescribes requirements 

for periodic reporting and for reporting 

of accidents and safety-related 

conditions. This subpart applies to all 

pipelines subject to this part and, 

beginning [6–9 months following the 

effective date of final rule], applies to all 

rural low-stress hazardous liquid 

pipelines. 

5. Revise 195.452(m) to read as 

follows: 

§ 195.452 Pipeline integrity management in 

high consequence areas. 

* * * * * 

(m) How does an operator notify 

PHMSA? An operator must provide any 

notification required by this section by: 

(1) Entering the information directly 

on the Integrity Management Database 

Web site at http://primis.phmsa.dot.gov/ 

imdb/; 

(2) Sending the notification to the 

Information Resources Manager, Office 

of Pipeline Safety, Pipeline and 

Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590; or 

(3) Sending the notification to the 

Information Resources Manager by 

facsimile to (202) 366–7128. 

Issued in Washington, DC on May 15, 

2007. 

William H. Gute, 

Acting Deputy Associate Administrator for 

Pipeline Safety. 

[FR Doc. 07–2461 Filed 5–15–07; 12:04 pm] 

BILLING CODE 4910–60–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

RIN 1018–AU74 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for the Hine’s Emerald 

Dragonfly 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the public comment period 

for the proposed designation of critical 

habitat for the endangered Hine’s 

emerald dragonfly (Somatochlora 

hineana) and the draft economic 

analysis, under the Endangered Species 

Act of 1973, as amended (Act). We are 

reopening the public comment period to 

allow additional time for all interested 

parties to comment on the proposed 

rule, our revision to the proposed rule, 

and the associated draft economic 

analysis. Comments previously 

submitted need not be resubmitted, as 

we will incorporate them into the public 

record and fully consider them as we 

prepare the final rule. 

DATES: We will accept public comments 

until July 2, 2007. 

ADDRESSES: If you wish to comment, 

you may submit your comments and 

information concerning this proposal, 

identified by ‘‘Attn: Hine’s Emerald 

Dragonfly Critical Habitat,’’ by any one 

of several methods: 

(1) Mail or hand-deliver to: John 

Rogner, Field Supervisor, U.S. Fish and 

Wildlife Service, Chicago Ecological 

Services Field Office, 1250 S. Grove, 

Suite 103, Barrington, IL 60010. 

(2) Send by electronic mail (e-mail) to 

hedch@fws.gov. Please see the Public 

Comments Solicited section below for 

file format and other information about 

electronic filing. 

(3) Fax your comments to: (847) 381–

2285. 

(4) Submit comments via the Federal 

eRulemaking portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

FOR FURTHER INFORMATION CONTACT: John 

Rogner, Field Supervisor, Chicago 

Ecological Services Field Office, 1250 S. 

Grove, Suite 103, Barrington, IL 60010 

(telephone (847) 381–2253, extension 

28; facsimile (847) 381–2285). 

SUPPLEMENTARY INFORMATION: 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 72, No. 96 / Friday, May 18, 2007 / Proposed Rules 28017 

Public Comments Solicited 

We intend that any final action 

resulting from the proposal will be as 

accurate and as effective as possible. 

Therefore, we hereby solicit comments 

or suggestions from the public, other 

concerned governmental agencies, the 

scientific community, industry, or any 

other interested party concerning the 

proposed rule. We particularly seek 

comments concerning: 

(1) The reasons any habitat should or 

should not be determined to be critical 

habitat as provided by section 4 of the 

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

whether the benefit of designation will 

outweigh any adverse impacts to the 

species due to designation; 

(2) Specific information on the 

amount and distribution of Hine’s 

emerald dragonfly habitat, particularly 

what areas should be included in the 

designations that were occupied at the 

time of listing and that contain features 

that are essential for the conservation of 

the species and why; and what areas 

that were not occupied at the time of 

listing are essential to the conservation 

of the species and why; 

(3) Information that would add further 

clarity or specificity to the physical and 

biological features determined to be 

essential for the conservation of the 

Hine’s emerald dragonfly (i.e., primary 

constituent elements), particularly 

whether the primary constituent 

elements as described fulfill the needs 

for the various life stages of the Hine’s 

emerald dragonfly (e.g., whether old 

fields adjacent to and in near proximity 

to larval areas are essential features); 

(4) Whether lands not currently 

occupied by the species should be 

included in the designation, and if so, 

the basis for such an inclusion; 

(5) Whether the methodology used to 

map critical habitat units captures all of 

the biological and physical features 

essential to the conservation of the 

Hine’s emerald dragonfly; 

(6) Land use designations and current 

or planned activities in the subject areas 

and their possible impacts on proposed 

critical habitat; 

(7) Whether the benefit of exclusion 

in any particular area outweigh the 

benefits of inclusion under Section 

4(b)(2) of the Act; 

(8) Any foreseeable economic, 

national security, or other potential 

impacts resulting from the proposed 

designation and, in particular, any 

impacts on small entities; 

(9) We are considering excluding 

areas under the jurisdiction of the 

Hiawatha National Forest in Michigan, 

the Mark Twain National Forest in 

Missouri, and the Missouri Department 

of Conservation and units under private 

ownership in Missouri from the final 

designation of critical habitat under 

section 4(b)(2) of the Act on the basis of 

conservation programs and 

partnerships. We will also review other 

relevant information for units being 

proposed in this rule as we receive it to 

determine whether other units may be 

appropriate for exclusion from the final 

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

Act. We specifically solicit comment on 

the inclusion or exclusion of such areas 

and: 

(a) Whether these areas have features 

that are essential to the conservation of 

the species or are otherwise essential to 

the conservation of the species; 

(b) Whether these, or other areas 

proposed, but not specifically addressed 

in this proposal, warrant exclusion; 

(c) Relevant factors that should be 

considered by us when evaluating the 

basis for not designating these areas as 

critical habitat under section 4(b)(2) of 

the Act; 

(d) Whether management plans in 

place adequately provide conservation 

measures and protect the Hine’s 

emerald dragonfly, its habitat, and 

features essential to its conservation; 

(e) Whether designation would assist 

in the regulation of any threats not 

addressed by existing management 

plans; and 

(f) Whether designating these lands 

may result in an increased degree of 

threat to the species on these lands; 

(10) Whether the draft economic 

analysis identifies all State and local 

costs attributable to the proposed 

critical habitat designation, and 

information on any costs that have been 

inadvertently overlooked; 

(11) Whether the draft economic 

analysis makes appropriate assumptions 

regarding current practices and likely 

regulatory changes imposed as a result 

of the designation of critical habitat; 

(12) Whether the draft economic 

analysis correctly assesses the effect on 

regional costs associated with any land 

use controls that may derive from the 

designation of critical habitat; 

(13) Whether the draft economic 

analysis appropriately identifies all 

costs and benefits that could result from 

the designation; and 

(14) Whether our approach to critical 

habitat designation could be improved 

or modified in any way to provide for 

greater public participation and 

understanding, or to assist us in 

accommodating public concern and 

comments. 

If you wish to comment, you may 

submit your comments and materials 

concerning this proposal and the draft 

economic analysis by any one of several 

methods (see ADDRESSES section). Please 

note that comments merely stating 

support or opposition to the actions 

under consideration without providing 

supporting information, although noted, 

will not be considered in making a 

determination, as section 4(b)(1)(A) of 

the Act directs that determinations to be 

made ‘‘solely on the basis of the best 

scientific and commercial data 

available.’’ Please submit comments 

electronically to hedch@fws.gov in 

ASCII or Microsoft Word file format. 

Please also include ‘‘Attn: Hine’s 

Emerald Dragonfly Critical Habitat’’ in 

your e-mail subject header and your 

name and return address in the body of 

your message. If you do not receive a 

confirmation from the system that we 

have received your e-mail, contact us 

directly by calling the Chicago, Illinois, 

Ecological Services Field Office at 

telephone number (847) 381–2253, 

extension 28. Please note that the e-mail 

address hedch@fws.gov will be closed 

out at the termination of the public 

comment period. 

Our practice is to make comments, 

including names and home addresses of 

respondents, available for public review 

during regular business hours. 

Individual respondents may request that 

we withhold their home addresses from 

the rulemaking record, which we will 

honor to the extent allowable by law. 

There also may be circumstances in 

which we would withhold from the 

rulemaking record a respondent’s 

identity, as allowable by law. If you 

wish us to withhold your name and/or 

address, you must state this 

prominently at the beginning of your 

comment, but you should be aware that 

the Service may be required to disclose 

your name and address pursuant to the 

Freedom of Information Act. We will 

make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

Comments and materials received will 

be available for public inspection, by 

appointment, during normal business 

hours at the address indicated in the 

ADDRESSES section. 

Copies of the proposed rule for 

critical habitat designation, the revised 

proposed rule, and the draft economic 

analysis are available on the Internet at 

http://www.fws.gov/midwest/ 

Endangered/ or from the Chicago 

Illinois Ecological Services Field Office 

(see ADDRESSES). 

Our final designation of critical 

habitat will take into consideration all 

comments and any additional 

information we received during the 


cprice-sewell on PRODPC61 with PROPOSALS
28018 Federal Register / Vol. 72, No. 96 / Friday, May 18, 2007 / Proposed Rules 

comment periods. Previous comments 

and information submitted during the 

initial comment period on the July 26, 

2006, proposed rule (71 FR 42442) need 

not be resubmitted. The subsequent 

comment period on the March 20, 2007, 

revised proposed rule and the draft 

economic analysis (72 FR 13061) closed 

on April 3, 2007. Previous comments 

and information submitted during that 

comment period need not be 

resubmitted. Furthermore, comments 

received on the proposal, revised 

proposal, or economic analysis after 

April 3, 2007, but before this reopening 

will be incorporated into the public 

record as a part of this reopening and do 

not need to be resubmitted. 

On the basis of information received 

during the public comment periods, we 

may, during the development of our 

final critical habitat determination, find 

that areas proposed are not essential, are 

appropriate for exclusion under section 

4(b)(2) of the Act, or are not appropriate 

for exclusion. An area may be excluded 

from critical habitat if it is determined 

that the benefits of such exclusion 

outweigh the benefits of including a 

particular area as critical habitat, unless 

the failure to designate such area as 

critical habitat will result in the 

extinction of the species. We may 

exclude an area from designated critical 

habitat based on economic impacts, 

national security, or any other relevant 

impact. 

Background 

On July 26, 2006, we published a 

proposed rule to designate critical 

habitat for the Hine’s emerald dragonfly 

(71 FR 42442). On March 20, 2007, we 

published revisions to that proposal and 

announced the availability of the draft 

economic analysis (72 FR 13061). In 

total, approximately 27,836 acres (ac) 

(11,264 hectares (ha)) fall within the 

boundaries of the proposed critical 

habitat designation in 50 units located 

in Cook, DuPage, and Will Counties in 

Illinois; Alpena, Mackinac, and Presque 

Isle Counties in Michigan; Dent, Iron, 

Morgan, Phelps, Reynolds, Ripley, 

Shannon, Washington, and Wayne 

Counties in Missouri; and Door and 

Ozaukee Counties in Wisconsin. We are 

considering excluding, under section 

4(b)(2) of the Act, all 26 units in 

Missouri and 2 units in Michigan from 

the final critical habitat designation. In 

the proposal, we addressed a number of 

general issues that are relevant to the 

exclusions we are considering, 

including conservation partnerships on 

non-Federal lands, conservation 

agreements, and National Forest plans. 

We will submit for publication in the 

Federal Register a final critical habitat 

designation for the Hine’s emerald 

dragonfly on or before August 23, 2007. 

Author 

The primary author of this notice is 

Kristopher Lah of the Chicago, Illinois, 

Ecological Services Field Office (see 

ADDRESSES). 

Dated: May 15, 2007. 

Todd Willens, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 07–2500 Filed 5–16–07; 10:43 am] 

BILLING CODE 4310–55–P 


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