Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Proposed Rules 33715 

security zone in order to ensure 

navigational safety. 

* * * * * 

5. Amend § 165.1410 to revise 

paragraphs (a)(1), (a)(2), (b), (c)(1), and 

(c)(2) to read as follows: 

§ 165.1410 Security Zones; Kauai, HI. 

(a) * * * 

(1) Nawiliwili Harbor, Lihue, Kauai. 

All waters extending 100 yards in all 

directions from each large passenger 

vessel in Nawiliwili Harbor, Kauai, HI 

or within 3 nautical miles seaward of 

the Nawiliwili Harbor COLREGS 

DEMARCATION (See 33 CFR 80.1450). 

This is a moving security zone when the 

LPV is in transit and becomes a fixed 

zone when the LPV is anchored, 

position-keeping, or moored. 

(2) Port Allen, Kauai. All waters 

extending 100 yards in all directions 

from each large passenger vessel in Port 

Allen, Kauai, HI or within 3 nautical 

miles seaward of the Port Allen 

COLREGS DEMARCATION (See 33 CFR 

80.1440). This is a moving security zone 

when the LPV is in transit and becomes 

a fixed zone when the LPV is anchored, 

position-keeping, or moored. 

(b) Definitions. As used in this 

section, large passenger vessel or LPV 

means a cruise ship more than 300 feet 

in length that carries passengers for hire, 

and any passenger ferries more than 300 

feet in length that carries passengers for 

hire. 

(c) Regulations. (1) Under 33 CFR 

165.33, entry into the security zones 

created by this section is prohibited 

unless authorized by the Coast Guard 

Captain of the Port, Honolulu or his or 

her designated representative. When 

authorized passage through an LPV 

security zone, all vessels must operate at 

the minimum speed necessary to 

maintain a safe course and must 

proceed as directed by the Captain of 

the Port or his or her designated 

representative. No person is allowed 

within 100 yards of a large passenger 

vessel that is underway, moored, 

position-keeping, or at anchor, unless 

authorized by the Captain of the Port or 

his or her designated representative. 

(2) When conditions permit, the 

Captain of the Port, or his or her 

designated representative, may permit 

vessels that are at anchor, restricted in 

their ability to maneuver, or constrained 

by draft to remain within an LPV 

security zone in order to ensure 

navigational safety. 

* * * * * 

Dated: June 6, 2007. 

Sally Brice-O’Hara, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fourteenth Coast Guard District. 

[FR Doc. E7–11748 Filed 6–18–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

RIN 1018–AU78 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for the Guajo ́n 

(Eleutherodactylus cooki) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Revised proposed rule; 

reopening of comment period, 

availability of draft economic analysis, 

and amended Required Determinations. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

revised proposed critical habitat 

designation for the guajo ́n 

(Eleutherodactylus cooki). We are 

reopening the public comment period to 

accept comments on proposed 

additional critical habitat units and 

revised required determinations, and 

also to announce the availability of and 

accept comments on our draft economic 

analysis of the proposed designation of 

critical habitat under the Endangered 

Species Act of 1973, as amended (Act). 

We are allowing all interested parties an 

opportunity to comment simultaneously 

on the original proposed rule, the 

proposed additional critical habitat 

units, the revised required 

determinations, and the associated draft 

economic analysis. If you submitted 

comments previously on the original 

proposed rule, you need not resubmit 

them, as we will incorporate them into 

the public record and fully consider 

them as we prepare the final rule. We 

are proposing five additional critical 

habitat units totaling 43.4 acres (ac) 

(17.5 hectares (ha)). With their 

inclusion, we are proposing 17 critical 

habitat units for the species, for a total 

of 260.6 ac (105.6 ha). The amendments 

we propose in this document are in 

addition to, and not in lieu of, the 

proposed designation we published in 

our original proposed rule of October 5, 

2006. The draft economic analysis, that 

includes the additional units, finds that 

potential future costs associated with 

conservation activities for the guajo ́n are 

estimated at $4.34 million in 

undiscounted dollars, $4.28 million 

when discounted at 3 percent, and $4.23 

million when discounted at 7 percent 

over the 20 year period 2007–2026. 

Annualized future costs are $288,000 

and $399,000 using a 3 percent and 7 

percent discount rate, respectively. 

DATES: We will accept public comments 

until July 19, 2007. 

ADDRESSES: If you wish to comment, 

you may submit your comments and 

information concerning this proposal, 

identified by ‘‘Attn: Guajo ́n Proposed 

Rule,’’ by any one of the following 

methods: 

1. Mail: You may submit written 

comments and information to Edwin E. 

Mun ̃iz, Field Supervisor, U.S. Fish and 

Wildlife Service, Boquero ́n Field Office, 

P.O. Box 491, Boquero ́n, Puerto Rico 

00622. 

2. Hand delivery: You may handdeliver written comments to us at the 

following address: Cabo Rojo National 

Wildlife Refuge Visitor Center, 

Boquero ́n Field Office, PR–301, km. 5.1, 

Boquero ́n, PR. 

3. E–mail: You may send comments 

by electronic mail (e–mail) to 

jorge_saliva@fws.gov. Please see the 

Public Comments Solicited section 

below for file format and other 

information about electronic filing. 

1. Facsimile: You may fax your 

comments to 787–851–7440. 

5. Federal Rulemaking Portal: Submit 

comments via the Federal Rulemaking 

portal at http://www.regulations.gov. 

Follow the instructions on the site for 

submitting comments. 

Please see the Public Comments 

Solicited section below for more 

information about submitting comments 

or viewing our received materials. 

FOR FURTHER INFORMATION CONTACT: 

Jorge E. Saliva, Ph.D., Boquero ́n Field 

Office, P.O. Box 491, Boquero ́n, PR 

00622 (telephone 787–851–7297 x 224; 

facsimile (787–851–7440)). Persons who 

use the telecommunications device for 

the deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Public Comments Solicited 

We are accepting written comments 

and information during this reopened 

comment period. We solicit comments 

on the original proposed critical habitat 

designation for the guajo ́n published in 

the Federal Register on October 5, 2006 

(71 FR 58954), the inclusion of the 

additional units proposed in this 

document, and our draft economic 

analysis of the proposed designation. 

We will consider information and 

recommendations from all interested 


ebenthall on PRODPC61 with PROPOSALS
33716 Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Proposed Rules 

parties. We are particularly interested in 

comments concerning: 

(1) The reasons why habitat should or 

should not be designated as critical 

habitat for the guajo ́n under section 4 of 

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

including whether the benefit of 

designation would outweigh threats to 

the species caused by designation such 

that designation of critical habitat is 

prudent; 

(2) Specific information on the 

amount and distribution of guajo ́n 

habitat, particularly what areas should 

be included in the designation that were 

occupied at the time of listing and that 

contain the 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) Land use designations and current 

or planned activities in the subject areas 

and their possible impacts on proposed 

critical habitat; 

(4) Any foreseeable economic, 

national security, or other potential 

impacts resulting from the proposed 

designation and, in particular, any 

impacts on small entities, and the 

benefits of including or excluding areas 

that exhibit these impacts; the reasons 

why our conclusion that the proposed 

designation of critical habitat will not 

result in a disproportionate effect on 

small businesses should or should not 

warrant further consideration; and other 

information that would indicate that the 

designation of critical habitat would or 

would not have any impacts on small 

entities. 

(5) Information on whether the draft 

economic analysis identifies all local 

costs attributable to the proposed 

critical habitat designation, and 

information on any costs that have been 

inadvertently overlooked; 

(6) 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; 

(7) 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; 

(8) Whether the draft economic 

analysis appropriately identifies all 

costs and benefits that could result from 

the designation; 

(9) Whether our approach to 

designating critical habitat could be 

improved or modified in any way to 

provide for greater public participation 

and understanding, or to assist us in 

accommodating public concerns and 

comments; and 

(10) Economic data on the 

incremental effects that would result 

from designating any particular area as 

critical habitat. 

Pursuant to section 4(b)(2) of the Act, 

we may exclude an area from critical 

habitat if we determine that the benefits 

of such exclusion outweigh the benefits 

of including a particular area as critical 

habitat, unless the failure to designate 

such area 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. 

If you submitted previous comments 

and information during the initial 

comment period on the October 5, 2006, 

proposed rule (71 FR 58954) you need 

not resubmit them because they are 

currently part of our record and will be 

considered in the development of the 

final rule. If you wish to comment, you 

may submit your comments and 

materials concerning the proposed rule, 

proposed additional units, draft 

economic analysis, and amended 

Required Determinations by any one of 

several methods (see ADDRESSES). Our 

final designation of critical habitat will 

take into consideration all comments 

and any additional information we 

received during both comment periods. 

On the basis of information received 

during the public comment period, in 

the critical habitat proposal, and in the 

final economic analysis, 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. 

If submitting comments 

electronically, please also include 

‘‘Attn: Guajo ́n Proposed Rule’’ 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 electronic message, 

contact the person listed under FOR

FURTHER INFORMATION CONTACT. 

Public Availability of Comments 

Before including your address, phone 

number, e–mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. Comments and materials 

received, as well as supporting 

documentation used in the preparation 

of this proposed rule, will be available 

for public inspection by appointment 

during normal business hours at the 

Boquero ́n Field Office located at the 

Cabo Rojo National Wildlife Refuge (see 

ADDRESSES). 

You may obtain copies of the original 

proposed rule and the draft economic 

analysis by visiting our Web site at 

http://www.fws.gov/southeast or by 

contacting the Boquero ́n Field Office at 

the address or contact numbers under 

ADDRESSES. 

Background 

The guajo ́n is a petricolous (i.e., 

inhabiting rocky areas) frog species 

endemic to the southeastern part of 

Puerto Rico. The guajo ́n was listed as 

threatened under the Act on June 11, 

1997 (62 FR 31757), due to its restricted 

distribution, specialized habitat 

utilization, and threats to its habitat; 

this listing was effective on July 11, 

1997. On October 5, 2006, we published 

a proposed rule (71 FR 58954) to 

designate critical habitat for the guajo ́n. 

We proposed 12 units that contain one 

or more of the primary constituent 

elements (PCEs) (i.e., biological or 

physical features essential to the 

conservation of the species). Such 

features include subtropical forest at 

elevations from 118 to 1183 feet (ft) (36 

to 361 meters (m)) above sea level; 

plutonic, granitic, or sedimentary rocks 

or boulders that form caves, crevices, 

and grottoes (interstitial spaces) in a 

streambed in proximity, or connected 

to, a permanent, ephemeral, or 

subterranean clear-water stream or 

water source; and vegetation over rocks 

along drainages and vegetated 

streambed that extend laterally up to 99 

ft (30 m) from the banks of a stream or 

drainage. Areas that do not contain at 

least one of the PCEs and are not 

currently occupied by the species were 

not included in the proposal. 

Boundaries for each proposed critical 

habitat unit were determined based on 

known guajo ́n sightings, topographical 

features known to be needed by the 

species, the range of elevations used by 

the species, and visual inspection of the 

units. In the proposed rule (71 FR 

58954), we proposed to designate 9 

units on lands determined to be 

occupied at the time of listing and 

containing sufficient PCEs to support 

life history functions essential for the 

conservation of the species, and 3 units 

on lands not known to be occupied at 

the time of listing, but that provide 

habitat essential to the conservation of 

the species. The 12 units that we 

proposed as critical habitat in 71 FR 

58954 encompass approximately 217.2 

ac (88 ha) within the municipalities of 


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Humacao, Las Piedras, Maunabo, 

Patillas, and Yabucoa in Puerto Rico 

and are: Mariana, Montones, Tejas, 

Emajagua, Jacaboa, Calabazas, 

Guayane ́s, Panduras, Talante, 

Guayabota, Guayabito, and Guayabo. 

We now revise our original proposed 

rule (71 FR 58954) to add five additional 

units, as described in the next section. 

As a result of these additions, and 

revisions to the original proposed rule’s 

acreage figures presented in Table 1 

below, the proposed critical habitat now 

encompasses 260.6 ac (105.6 ha). 

Critical habitat is defined in section 3 

of the Act as the specific areas within 

the geographic 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 essential to the conservation of 

the species and that may require special 

management considerations or 

protection, and specific areas outside 

the geographic 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. If the proposed rule is made 

final, section 7 of the Act will prohibit 

destruction or adverse modification of 

critical habitat by any activity funded, 

authorized, or carried out by any 

Federal agency. Federal agencies 

proposing actions affecting areas 

designated as critical habitat must 

consult with us on the effects of their 

proposed actions, pursuant to section 

7(a)(2) of the Act. 

Additional Proposed Critical Habitat 

Units 

By this publication in the Federal 

Register, we advise the public of our 

proposed inclusion of five additional 

critical habitat units over what we 

proposed in our October 5, 2006, 

proposed rule (71 FR 58954). During the 

comment period for the original 

proposed rule, we received letters from 

the Puerto Rico Department of Natural 

and Environmental Resources 

(PRDNER) and the Center for Biological 

Diversity (CBD) which included 

information on additional sites within 

the historical range of the guajo ́n that 

were occupied at the time of listing and 

support suitable habitat for the species. 

In total, nine sites were recommended. 

These organizations recommended that 

the Service include these nine sites in 

the critical habitat designation. 

Each of these nine sites was visited by 

the Service to confirm the presence or 

absence of guajo ́n and the PCEs. As a 

result of these site visits, we now 

propose five of the nine recommended 

units (which we call Units 13–17) as 

additional critical habitat. A site was 

considered for designation if: (1) It was 

occupied by the guajo ́n at the time of 

listing and possessed at least one or 

more of the PCEs, or (2) was not 

occupied at the time of listing but is 

currently occupied by the guajo ́n, and 

has been determined to be essential to 

the conservation of the species. All five 

of the units described above are in close 

proximity with or connected to one or 

more of the units described in the 

original proposed rule. Unit 13 is in the 

immediate vicinity of Units 8 and 9 

within the Panduras and Talante Wards; 

Units 14 and 15 are in the immediate 

vicinity of Unit 10 and only separated 

from it by Rı ́o Grande de Loı ́za; Unit 16 

is connected to Unit 2 through Rı ́o 

Valenciano; and Unit 17 is connected to 

Unit 11 and Unit 12 through Quebrada 

Guayabo. 

Six of the recommended sites have 

been part of the guajo ́n study areas of 

Dr. Rafael Joglar and Dr. Patricia 

Burrowes since the early 1990s (Joglar 

1992; Burrowes 1997). Of the 6 sites 

recommended by CBD, 4 sites have at 

least one PCE and guajo ́n present (Unit 

13, Unit 14, Unit 15, and Unit 17). 

These sites were occupied at the time of 

listing (i.e., prior to June 1997) (Drewry 

1986; Moreno 1991; Joglar 1992; Joglar 

et al. 1996). One site was not included 

because it did not contain at least one 

PCE and the species was not present, 

and one site was determined to be the 

same as the Emajagua Unit described in 

the October 5, 2006, proposed rule. 

Only one other site was located and 

verified (Unit 16), and was not occupied 

at the time of listing. Two sites could 

not be found following the directions 

provided in the comment. 

These five units (Units 13–17) share 

the following characteristics: (1) They 

are within the historical range of the 

species and, with the exception of Unit 

16, were occupied at the time of listing; 

(2) they provide PCEs necessary for the 

long-term persistence of guajo ́n 

populations (e.g., caves or large 

plutonic, granitic, or sedimentary 

boulders that form crevices and grottoes, 

forested streambeds where guajo ́n may 

forage, and high humidity); and (3) they 

are currently occupied. Unit 16 is 

essential to the conservation of the 

species because of the representation, 

redundancy, and resiliency it adds to 

the critical habitat designation. Below, 

we present brief descriptions of the five 

units, the PCEs they contain, and 

reasons why they meet the definition of 

critical habitat for the guajo ́. 

Unit 13: El Cielito Unit 

Unit 13 consists of approximately 

7.84 ac (3.17 ha), between the municipal 

boundary of Yabucoa to the north, PR– 

759 to the south and west, and PR–3 to 

the east, within Talante Ward, 

Maunabo. It includes 1,778.15 ft (541.98 

m) of a drainage that connects with 

Quebrada Tumbada, and a guajo ́n 

foraging area extending laterally 99 ft 

(30 m) from each side of the drainage. 

This unit was occupied at the time of 

listing (Joglar, pers. comm., 2007). It 

consists of a steep, forested drainage 

with large granite boulders forming 

large caves, vegetation-covered rocks, 

and with high humidity. No surface 

running water is present, but humidity 

is maintained through percolation from 

underground water. All PCEs are found 

within this unit. The presence of the 

species and PCEs at this site was 

confirmed by the Service in February 

2007. Threats that may require special 

management considerations, due to Unit 

13 being located on a private farm about 

1.2 miles (mi) (2 kilometers (km)) to the 

west of PR–3, include changes in the 

composition and abundance of 

vegetation surrounding guajo ́n habitat 

(PCEs 1 and 3), degradation of water 

quality due to agricultural practices 

(e.g., use of herbicides, fertilizers, or 

insecticides), and pollution of streams 

or underground aquifers caused by 

human and domestic animal refuse (PCE 

2). 

Unit 14: Verraco Unit 

Unit 14 consists of approximately 8.9 

ac (3.6 ha), between PR–181 to the north 

and west, Rı ́o Grande de Loı ́za to the 

east and south, and the municipal 

boundary of Yabucoa to the south, 

within Espino Ward, San Lorenzo. It 

includes three drainages that connect 

with Quebrada Verraco, and a guajo ́n 

foraging area extending laterally 99 ft 

(30 m) from each side of each drainage. 

This unit was occupied at the time of 

listing (Burrowes 1997). It is heavily 

forested and humid, and contains very 

large granite boulder formations covered 

with vegetation. No surface running 

water is present, but humidity is 

maintained through percolation from 

underground water. All PCEs are found 

within this unit. The presence of the 

species and PCEs at this site was 

confirmed by the Service in February 

2007. Threats that may require special 

management considerations, due to Unit 

14 being located in a private farm about 

0.9 mi (1.5 km) from Rd 181, include 

changes in the composition and 

abundance of vegetation surrounding 

guajo ́n habitat (PCEs 1 and 3), 

degradation of water quality due to 

agricultural practices (e.g., use of 

herbicides, fertilizers, or insecticides) 

and pollution of streams/underground 

aquifers caused by human and domestic 

animal refuse (PCE 2). 


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Unit 15: Cueva Marcela Unit 

Unit 15 is referred to as Cuevas Don ̃ a 

Marcela by Burrowes (1997, 2000) and 

Burrowes and Joglar (1999), and consists 

of approximately 7.4 ac (3.02 ha) 

between PR–181 and Quebrada Verraco 

to the north, PR–181 to the west, and 

Rı ́o Grande de Loı ́za and the municipal 

boundary of Yabucoa to the south, 

within Espino Ward, San Lorenzo. It 

includes two drainages that are not 

connected and a guajo ́n foraging area 

extending laterally 99 ft (30 m) from 

each side of each drainage. The north 

drainage is approximately 4.28 ac (1.73 

ha), and the south drainage is 

approximately 3.2 ac (1.3 ha). This unit 

was occupied at the time of listing 

(Joglar 1996). Both drainages have large, 

vegetation-covered granite boulders that 

create caves within patchy secondary 

forest. There is no surface running 

water, but humidity is maintained 

through puddles and intermittent 

streams formed during rainy events. All 

PCEs are found within this unit. The 

presence of the species and PCEs at this 

site was confirmed by the Service in 

February 2007. Threats that may require 

special management considerations, due 

to Unit 15 being located on a private 

farm about 1.2 mi (2 km) from Road 181, 

include changes in the composition and 

abundance of vegetation surrounding 

guajo ́n habitat (PCEs 1 and 3), 

degradation of water quality due to 

agricultural practices (e.g., use of 

herbicides, fertilizers, or insecticides) 

and pollution of streams or 

underground aquifers caused by human 

and domestic animal refuse (PCE 2). 

Unit 16: Ceiba Sur Unit 

Unit 16 consists of approximately 

13.92 ac (5.63 ha) between Road PR–

9934 to the east, and Road PR–919 to 

the west within Ceiba Sur Ward, Juncos. 

It includes 3,123 ft (951.91 m) of an 

intermittent stream that connects with 

the Rı ́o Valenciano, and a guajo ́n 

foraging area extending laterally 99 ft 

(30 m) on each side of the drainage. This 

unit was not known to be occupied at 

the time of listing. All PCEs are found 

within this unit. Presence of the species 

and PCEs at this site was confirmed by 

the Service in January 2007. The area 

has high humidity and contains densely 

forested stream banks, large sedimentary 

rocks, and vegetation-covered rocks. 

Unit 16 is essential to the conservation 

of the guajo ́n for several reasons. The 

intermittent stream, large rocks, and 

closed canopy of Unit 16 provide 

habitat essential to the guajo ́n for food, 

shelter, breeding, foraging, and 

population expansion. The guajo ́n was 

listed primarily due to its highly 

restricted geographical distribution and 

habitat requirements (Joglar 1998, p. 73). 

The habitat of this species is naturally 

fragmented and the majority of the 

known populations are on private land 

where the increased levels of land 

development currently occurring in 

southeastern Puerto Rico where the 

species occurs, threatens to further 

reduce and fragment the species habitat, 

distribution, and survival (Joglar 1998, 

p. 73). 

Being a habitat specialist, the guajo ́n 

is adapted to particular environmental 

conditions, and abrupt changes in these 

conditions could result in population 

declines. Additionally, fragmenting 

habitat through human intrusions such 

as roads makes populations less 

resilient to natural population declines 

(Pechman et al. 1991, p. 895). Protection 

of existing populations of the guajo ́n is 

extremely important due to its limited 

distribution and the specialized habitat 

it occupies. 

Unit 17: Playita Unit 

Unit 17 consists of approximately 

5.27 ac (2.13 ha), between PR–900 to the 

north and east and the municipal 

boundary of Maunabo to the south, 

within Calabazas Ward, Yabucoa. It 

includes 1,208.9 ft (368.47 m) of a 

forested stream that connect with Rı ́o 

Guayabo, and a guajo ́n foraging area 

extending laterally 99 ft (30 m) on each 

side of the drainage. This unit was 

occupied at the time of listing (Joglar, 

pers. comm., 2007). It is sparsely 

forested and humid, and it contains very 

large, vegetation-covered granite 

boulder formations. All PCEs are found 

within this unit. The presence of the 

species and PCEs at this site was 

confirmed by the Service in February 

2007. Threats that may require special 

management considerations, due to Unit 

17 being located adjacent to private 

homes and close to an ancillary road to 

PR–900, include changes in the 

composition and abundance of 

vegetation surrounding guajo ́n habitat 

(PCEs 1 and 3), degradation of water 

quality due to use of herbicides, 

fertilizers, or insecticides, and pollution 

of the stream caused by human and 

domestic animal refuse (PCE 2). 

The majority of the known 

populations of this species are on 

private land where increased levels of 

land development threaten to further 

reduce and fragment the species habitat, 

distribution, and survival (Joglar 1998, 

p. 73). Additionally, fragmentation of 

the habitat through human intrusions, 

such as roads, makes populations less 

resilient to natural population declines 

(Pechman et al. 1991, p. 895). 

The five additional proposed units 

total 43.4 ac (17.5 ha). As a result of 

these additions, and revisions to acreage 

figures from the original proposed rule 

presented in Table 1 below, the 

proposed critical habitat now 

encompasses 260.6 ac (105.6 ha) in 17 

units. Table 1 contains the corrected 

acreage (and hectare) values, including 

the 43.4 additional ac (17.5 ha), we now 

propose for inclusion. Other than the 

changes described in this document, the 

proposed rule of October 5, 2006 (71 FR 

58954), remains intact. We will submit 

for publication in the Federal Register 

a final critical habitat designation 

guajo ́n on or before October 1, 2007. 

TABLE 1. AREAS PROPOSED AS CRITICAL HABITAT FOR THE GUAJO ́ N

[Area estimates reflect all land within critical habitat unit boundaries.] 

Proposed critical habitat unit Land ownership Area 

(ac(ha)) 

1. Mariana, Humacao, PR ...................................................................................................... Private ............................................. 23.6 (9.6) 

2. Montones, Las Piedras, PR ................................................................................................ Private ............................................. 31.1 (12.6) 

3. Tejas, Las Piedras, PR ....................................................................................................... Private ............................................. 5.2 (2.1) 

4. Emajagua, Maunabo, PR .................................................................................................... Private ............................................. 33.0 (13.4) 

5. Jacaboa, Patillas, PR .......................................................................................................... Private ............................................. 10.3 (4.2) 

6. Calabazas, Yabucoa, PR .................................................................................................... Private ............................................. 13.8 (5.6) 

7. Guayane ́s, Yabucoa, PR .................................................................................................... Private ............................................. 7.9 (3.2) 

8. Panduras, Yabucoa, PR ..................................................................................................... Private ............................................. 28.6 (11.6) 

9. Talante, Yabucoa, PR ......................................................................................................... Private ............................................. 23.5 (9.5) 

10. Guayabota, Yabucoa, PR ................................................................................................. Private ............................................. 13.1 (5.3) 

11. Guayabito, Yabucoa, PR .................................................................................................. Private ............................................. 17.3 (7.0) 

12. Guayabo, Yabucoa, PR .................................................................................................... Private ............................................. 9.8 (3.9) 


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TABLE 1. AREAS PROPOSED AS CRITICAL HABITAT FOR THE GUAJO ́ N—Continued 

[Area estimates reflect all land within critical habitat unit boundaries.] 

Proposed critical habitat unit Land ownership Area 

(ac(ha)) 

13. El Cielito, Maunabo, PR ................................................................................................... Private ............................................. 7.84 (3.17) 

14. Verraco, San Lorenzo, PR ................................................................................................ Private ............................................. 8.9 (3.6) 

15. Cueva Marcela, San Lorenzo, PR .................................................................................... Private ............................................. 7.47 (3.02) 

16. Ceiba Sur, Juncos, PR ..................................................................................................... Private ............................................. 13.92 (5.63) 

17. Playita, Yabucoa, PR ........................................................................................................ Private ............................................. 5.27 (2.13) 

Total ................................................................................................................................. .......................................................... 260.6 ac 

(105.6 ha) 

Economic Analysis 

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

we designate or revise critical habitat 

based upon the best scientific and 

commercial data available, after taking 

into consideration the economic impact, 

impact on national security, or any 

other relevant impact of specifying any 

particular area as critical habitat. We 

have prepared a draft economic analysis 

based on the October 5, 2006, proposed 

rule (71 FR 58954) plus the five 

additional units described in this 

document. 

The draft economic analysis considers 

the potential economic effects of all 

actions related to the conservation of the 

guajo ́n, including costs associated with 

sections 4, 7, and 10 of the Act, as well 

as those attributable to designating 

critical habitat. It further considers the 

economic effects of protective measures 

taken as a result of other Federal, State, 

and local laws that aid habitat 

conservation for the guajo ́n in proposed 

critical habitat areas. The draft analysis 

considers both economic efficiency and 

distributional effects. In the case of 

habitat conservation, efficiency effects 

generally reflect lost economic 

opportunities associated with 

restrictions on land use (opportunity 

costs). This analysis also addresses how 

potential economic impacts are likely to 

be distributed, including an assessment 

of any local or regional impacts of 

habitat conservation and the potential 

effects of conservation activities on 

small entities and the energy industry. 

This information can be used by 

decision makers to assess whether the 

effects of the designation might unduly 

burden a particular group or economic 

sector. Finally, this draft analysis looks 

retrospectively at costs that have been 

incurred since the date this species was 

listed as threatened (June 11, 1997; 62 

FR 31757), and considers those costs 

that may occur in the 20 years following 

designation of critical habitat (i.e., 

20007–2026). 

The draft economic analysis is 

intended to quantify the economic 

impacts of all potential conservation 

efforts for the guajo ́n; some of these 

costs will likely be incurred regardless 

of whether critical habitat is designated. 

Over the 20 year period 2007–2026, the 

draft economic analysis finds that costs 

associated with conservation activities 

for the guajo ́n are estimated at $4.34 

million in undiscounted dollars, $4.28 

million when discounted at 3 percent, 

and $4.23 when discounted at 7 percent. 

Annualized future costs are $288,000 

using a 3 percent discount rate and 

$399,000 using a 7 percent discount 

rate. 

As stated earlier, we solicit data and 

comments from the public on this draft 

economic analysis, as well as on all 

aspects of the proposal. We may revise 

the proposal, or its supporting 

documents, to incorporate or address 

new information received during the 

comment period. 

Required Determinations—Amended 

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. Based on our draft 

economic analysis of the proposed 

designation of critical habitat for the 

guajo ́n, costs related to conservation 

activities for the guajo ́n pursuant to 

sections 4, 7, and 10 of the Act are 

estimated to be approximately $4.34 

million in undiscounted dollars. 

Discounted future costs are estimated to 

be $4.28 million ($288,000 annually) at 

a 3 percent discount rate, or $4.23 

million ($399,000 annually) at a 7 

percent discount rate. Therefore, based 

on our draft economic analysis, we have 

determined that the proposed 

designation of critical habitat for the 

guajo ́n would not result in an annual 

effect on the economy of $100 million 

or more or affect the economy in a 

material way. Due to the timeline for 

publication in the Federal Register, the 

Office of Management and Budget 

(OMB) has not formally reviewed the 

proposed rule or accompanying 

economic analysis. 

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 pursuant to 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 pursuant to 

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. We believe that the evaluation 

of the inclusion or exclusion of 

particular areas, or combination thereof, 

in a designation constitutes our 

regulatory alternative analysis. 

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

et seq.) 

Under the Regulatory Flexibility Act 

(RFA) (5 U.S.C. 601 et seq., as amended 

by the Small Business Regulatory 

Enforcement Fairness Act (SBREFA) (5 

U.S.C. 802(2)), 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 governmental jurisdictions). 

However, no regulatory flexibility 


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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. In 

our proposed rule, we withheld our 

determination of whether this 

designation would result in a significant 

effect as defined under SBREFA until 

we completed our draft economic 

analysis of the proposed designation so 

that we would have the factual basis for 

our determination. 

According to the Small Business 

Administration (SBA), small entities 

include small organizations, such as 

independent nonprofit organizations, 

and small governmental jurisdictions, 

including school boards and city and 

town governments that serve fewer than 

50,000 residents, as well as small 

businesses (13 CFR 121.201). 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 

considered the types of activities that 

might trigger regulatory impacts under 

this designation as well as 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 proposed guajo ́n 

critical habitat designation would affect 

a substantial number of small entities, 

we considered the number of small 

entities affected within particular types 

of economic activities (e.g., residential 

and commercial development and 

agriculture). We considered each 

industry or category individually to 

determine if certification is appropriate. 

In estimating the numbers of small 

entities potentially affected, we also 

considered whether their activities have 

any Federal involvement; some kinds of 

activities are unlikely to have any 

Federal involvement and so will not be 

affected by the designation of critical 

habitat. Designation of critical habitat 

only affects activities conducted, 

funded, permitted, or authorized by 

Federal agencies; non-Federal activities 

are not affected by the designation. 

In our draft economic analysis of the 

proposed critical habitat designation, 

we evaluated the potential economic 

effects on small business entities 

resulting from conservation actions 

related to the listing of the guajo ́n and 

proposed designation of its critical 

habitat. This analysis estimated 

prospective economic impacts due to 

the implementation of guajo ́n 

conservation efforts in four categories: 

(a) Deforestation and earth movement 

near streams for road construction; (b) 

agricultural practices (e.g., use of 

herbicides, fertilizers, or insecticides); 

(c) urban and rural development; and 

(d) degradation of water quality from 

illegal garbage dumping, untreated 

sewage, and fishing with chemicals. We 

determined from our analysis that in the 

economic impacts of the designation are 

expected to be borne primarily by the 

Puerto Rico Highway and 

Transportation Authority, an agency of 

the Commonwealth of Puerto Rico, 

during construction of PR Highway 53. 

However, the government of the 

Commonwealth does not fit the SBA 

criteria for a small entity. Consequently, 

we certify that the designation of critical 

habitat for the guajo ́n will not result in 

a significant economic impact on a 

substantial number of small business 

entities. Please see the ‘‘Economic 

Analysis’’ section above and the draft 

economic analysis itself for a more 

detailed discussion of potential 

economic impacts. 

Executive Order 13211—Energy Supply, 

Distribution, or Use 

On May 18, 2001, the President issued 

Executive Order 13211 on regulations 

that significantly affect energy supply, 

distribution, or use. Executive Order 

13211 requires agencies to prepare 

Statements of Energy Effects when 

undertaking certain actions. This 

proposed designation of critical habitat 

for guajo ́n is considered a significant 

regulatory action under Executive Order 

12866 because it raises novel legal and 

policy issues. OMB has provided 

guidance for implementing this 

Executive Order that outlines nine 

outcomes that may constitute ‘‘a 

significant adverse effect’’ when 

compared without the regulatory action 

under consideration. The draft 

economic analysis finds that none of 

these criteria are relevant to this 

analysis. Thus, based on information in 

the draft economic analysis, energyrelated impacts associated with guajo ́n 

conservation activities within proposed 

critical habitat are not expected. As 

such, the proposed designation of 

critical habitat is not expected to 

significantly affect energy supplies, 

distribution, or use and a 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), 

the Service makes 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, or 

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 

‘‘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; Aid to Families with 

Dependent Children 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. Non-Federal 

entities that receive Federal funding, 

assistance, permits, or otherwise require 

approval or authorization from a Federal 

agency for an action, may be indirectly 

impacted by the designation of critical 

habitat. However, the legally binding 

duty to avoid destruction or adverse 


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modification of critical habitat rests 

squarely on the Federal agency. 

Furthermore, to the extent that nonFederal 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 onto 

State governments. 

(b) As discussed in the draft economic 

analysis of the proposed designation of 

critical habitat for the guajo ́n, the 

impacts on nonprofits and small 

governments are expected to be 

negligible. It is likely that small 

governments involved with 

developments and infrastructure 

projects will be interested parties or 

involved with projects involving section 

7 consultations for the guajo ́n within 

their jurisdictional areas. Any costs 

associated with this activity are likely to 

represent a small portion of a local 

government’s budget. Consequently, we 

do not believe that the designation of 

critical habitat for this species will 

significantly or uniquely affect these 

small governmental entities. As such, a 

Small Government Agency Plan is not 

required. 

Executive Order 12630–Takings 

In accordance with E.O. 12630 

(‘‘Government Actions and Interference 

with Constitutionally Protected Private 

Property Rights’’), we have analyzed the 

potential takings implications of 

proposing critical habitat for the guajo ́n. 

Critical habitat designation does not 

affect landowner actions that do not 

require Federal funding or permits, nor 

does it preclude development of habitat 

conservation programs or issuance of 

incidental take permits to permit actions 

that do require Federal funding or 

permits to go forward. In conclusion, 

the designation of critical habitat for 

this species does not pose significant 

takings implications. 

Author 

The primary author of this notice is 

Dr. Jorge E. Saliva, Boquero ́n Field 

Office (see ADDRESSES). 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Proposed Regulation Promulgation 

Accordingly, we propose to further 

amend part 17, subchapter B of chapter 

I, title 50 of the Code of Federal 

Regulations, as proposed to be amended 

at 71 FR 58954, October 5, 2006, as 

follows: 

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. Critical habitat for the Guajo ́n 

(Eleutherodactylus cooki) in § 17.95(d), 

which was proposed to be added on 

October 5, 2006, at 71 FR 58954, is 

proposed to be amended by revising 

paragraphs 1 and 5 and by adding new 

paragraphs 18 through 22 in the entry 

for ‘‘Guajo ́n’’ to read as follows: 

§ 17.95 Critical habitat—fish and wildlife. 

* * * * * 

(d) Amphibians 

* * * * * 

Guajo ́n (Eleutherodactylus cooki) 

* * * * * 

(1) Critical habitat units are depicted 

for Humacao, Las Piedras, Juncos, 

Maunabo, Patillas, San Lorenzo, and 

Yabucoa, Puerto Rico, on the maps 

below. 

* * * * * 

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

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* * * * * (18) Unit 13: El Cielito, Maunabo, 

Puerto Rico. 

(i) General Description: Unit 13 

consists of approximately 7.84 ac (3.17 


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ha), between the municipal boundary of 

Yabucoa to the north, PR–759 to the 

south and west, and PR–3 to the east, 

within Talante Ward, Maunabo. 

(ii) Coordinates: From Yabucoa USGS 

1:20,000 quadrangle map. Unit 13 

bounded by the following UTM 19 NAD 

83 coordinates (E, N): 

825982.02, 1996690.65; 825982.05, 

1996692.62; 825982.22, 1996694.58; 

825982.51, 1996696.52; 825982.93, 

1996698.44; 825983.48, 1996700.33; 

825984.14, 1996702.18; 825984.93, 

1996703.98; 825985.83, 1996705.72; 

825986.85, 1996707.40; 825987.97, 

1996709.02; 825989.19, 1996710.55; 

825990.52, 1996712.01; 825991.93, 

1996713.37; 825993.43, 1996714.64; 

825995.01, 1996715.80; 825996.67, 

1996716.86; 825998.39, 1996717.81; 

826000.17, 1996718.65; 826002.00, 

1996719.37; 826003.87, 1996719.96; 

826005.78, 1996720.44; 826007.71, 

1996720.78; 826009.66, 1996721.00; 

826011.63, 1996721.09; 826013.59, 

1996721.06; 826015.55, 1996720.89; 

826017.49, 1996720.60; 826019.41, 

1996720.18; 826021.30, 1996719.63; 

826023.15, 1996718.97; 826024.95, 

1996718.18; 826026.69, 1996717.28; 

826028.38, 1996716.27; 826029.99, 

1996715.14; 826031.53, 1996713.92; 

826032.98, 1996712.59; 826034.34, 

1996711.18; 826035.61, 1996709.68; 

826036.77, 1996708.10; 826037.84, 

1996706.44; 826038.79, 1996704.72; 

826039.62, 1996702.94; 826040.34, 

1996701.11; 826040.80, 1996699.72; 

826058.80, 1996639.86; 826064.87, 

1996626.21; 826065.02, 1996625.87; 

826065.62, 1996624.39; 826077.68, 

1996591.67; 826117.27, 1996543.05; 

826117.56, 1996542.70; 826118.72, 

1996541.12; 826119.34, 1996540.18; 

826137.43, 1996511.67; 826137.87, 

1996510.96; 826138.82, 1996509.24; 

826139.63, 1996507.52; 826162.49, 

1996454.74; 826162.51, 1996454.69; 

826163.23, 1996452.86; 826163.82, 

1996450.98; 826164.30, 1996449.08; 

826164.64, 1996447.14; 826164.86, 

1996445.19; 826164.96, 1996443.23; 

826165.66, 1996392.36; 826165.62, 

1996390.40; 826165.46, 1996388.44; 

826165.16, 1996386.49; 826164.74, 

1996384.58; 826164.20, 1996382.69; 

826163.81, 1996381.55; 826132.56, 

1996296.82; 826120.53, 1996241.20; 

826120.29, 1996240.18; 826119.75, 

1996238.29; 826119.08, 1996236.44; 

826118.30, 1996234.64; 826117.39, 

1996232.89; 826116.38, 1996231.21; 

826115.26, 1996229.60; 826114.03, 

1996228.06; 826112.71, 1996226.61; 

826111.29, 1996225.25; 826109.79, 

1996223.98; 826108.21, 1996222.81; 

826106.56, 1996221.75; 826104.84, 

1996220.80; 826103.06, 1996219.97; 

826101.23, 1996219.25; 826099.36, 

1996218.65; 826097.45, 1996218.18; 

826095.51, 1996217.83; 826093.56, 

1996217.61; 826091.60, 1996217.52; 

826089.63, 1996217.56; 826087.68, 

1996217.72; 826085.73, 1996218.02; 

826083.81, 1996218.44; 826081.93, 

1996218.98; 826080.08, 1996219.65; 

826078.28, 1996220.43; 826076.53, 

1996221.34; 826074.85, 1996222.35; 

826073.24, 1996223.47; 826071.70, 

1996224.70; 826070.25, 1996226.02; 

826068.88, 1996227.44; 826067.62, 

1996228.94; 826066.45, 1996230.52; 

826065.39, 1996232.17; 826064.44, 

1996233.89; 826063.60, 1996235.67; 

826062.89, 1996237.50; 826062.29, 

1996239.37; 826061.82, 1996241.28; 

826061.47, 1996243.21; 826061.25, 

1996245.17; 826061.16, 1996247.13; 

826061.20, 1996249.09; 826061.36, 

1996251.05; 826061.65, 1996253.00; 

826061.83, 1996253.89; 826074.31, 

1996311.58; 826074.55, 1996312.60; 

826075.09, 1996314.49; 826075.48, 

1996315.62; 826105.53, 1996397.10; 

826104.99, 1996436.39; 826085.46, 

1996481.49; 826069.59, 1996506.50; 

826027.95, 1996557.62; 826027.67, 

1996557.98; 826026.50, 1996559.56; 

826025.44, 1996561.21; 826024.49, 

1996562.93; 826023.65, 1996564.71; 

826023.06, 1996566.20; 826009.61, 

1996602.69; 826003.16, 1996617.18; 

826003.01, 1996617.52; 826002.29, 

1996619.34; 826001.84, 1996620.74; 

825983.29, 1996682.42; 825983.15, 

1996682.90; 825982.68, 1996684.80; 

825982.33, 1996686.74; 825982.11, 

1996688.69; 825982.02, 1996690.65. 

(iii) Note: Map of Unit 13 (Map 11) 

follows: 


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(19) Unit 14: Verraco, San Lorenzo, 

Puerto Rico. 

(i) General Description: Unit 14 

consists of approximately 8.9 ac (3.6 

ha), between PR–181 to the north and 

west, Rı ́o Grande de Loı ́za to the east 

and south, and the municipal boundary 

of Yabucoa to the south, within Espino 

Ward, San Lorenzo. 

(ii) Coordinates: From Yabucoa and 

Patillas USGS 1:20,000 quadrangle 

maps. Unit 14 bounded by the following 

UTM 19 NAD 83 coordinates (E, N): 

818021.78, 2003743.38; 818021.82, 

2003745.35; 818021.98, 2003747.31; 

818022.27, 2003749.25; 818022.69, 

2003751.17; 818023.24, 2003753.06; 

818023.90, 2003754.90; 818024.69, 

2003756.71; 818025.59, 2003758.45; 

818026.61, 2003760.13; 818027.41, 

2003761.31; 818041.40, 2003780.81; 

818041.72, 2003781.25; 818042.95, 

2003782.78; 818044.27, 2003784.24; 

818045.68, 2003785.60; 818047.19, 

2003786.87; 818048.77, 2003788.03; 

818050.42, 2003789.09; 818051.64, 

2003789.78; 818072.66, 2003801.02; 

818073.16, 2003801.29; 818074.94, 

2003802.12; 818076.77, 2003802.84; 

818078.64, 2003803.44; 818080.55, 

2003803.91; 818082.48, 2003804.26; 

818084.44, 2003804.48; 818086.40, 

2003804.57; 818088.36, 2003804.53; 

818089.35, 2003804.46; 818118.63, 

2003801.99; 818119.61, 2003801.89; 

818121.55, 2003801.60; 818123.47, 

2003801.18; 818125.20, 2003800.69; 

818179.90, 2003783.29; 818180.06, 

2003783.24; 818181.91, 2003782.58; 

818183.71, 2003781.79; 818183.86, 

2003781.72; 818240.72, 2003754.27; 

818242.32, 2003753.44; 818244.00, 

2003752.42; 818245.61, 2003751.30; 

818247.15, 2003750.08; 818248.60, 

2003748.75; 818249.96, 2003747.34; 

818251.23, 2003745.84; 818252.40, 

2003744.26; 818253.46, 2003742.60; 

818254.41, 2003740.88; 818255.24, 

2003739.10; 818255.96, 2003737.28; 

818256.56, 2003735.40; 818257.03, 

2003733.50; 818257.38, 2003731.56; 

818257.60, 2003729.61; 818257.69, 

2003727.65; 818257.65, 2003725.68; 

818257.49, 2003723.73; 818257.19, 

2003721.78; 818256.77, 2003719.86; 

818256.23, 2003717.97; 818255.56, 

2003716.13; 818254.78, 2003714.33; 

818253.88, 2003712.58; 818252.86, 

2003710.90; 818251.74, 2003709.28; 

818250.51, 2003707.75; 818249.19, 

2003706.30; 818247.78, 2003704.93; 

818246.27, 2003703.67; 818244.69, 

2003702.50; 818243.04, 2003701.44; 

818241.32, 2003700.49; 818239.54, 

2003699.65; 818237.71, 2003698.93; 

818235.84, 2003698.34; 818233.93, 

2003697.87; 818232.00, 2003697.52; 

818230.05, 2003697.30; 818228.08, 

2003697.21; 818226.12, 2003697.24; 

818224.16, 2003697.41; 818222.22, 

2003697.70; 818220.30, 2003698.12; 

818218.41, 2003698.67; 818216.56, 

2003699.33; 818214.76, 2003700.12; 

818214.61, 2003700.19; 818187.94, 

2003713.06; 818216.83, 2003685.69; 

818233.41, 2003672.94; 818247.97, 

2003666.94; 818249.43, 2003666.29; 

818251.18, 2003665.38; 818252.86, 

2003664.37; 818254.47, 2003663.25; 

818256.01, 2003662.02; 818257.46, 

2003660.70; 818258.83, 2003659.29; 

818260.09, 2003657.78; 818261.26, 

2003656.20; 818262.32, 2003654.55; 

818263.27, 2003652.83; 818264.11, 

2003651.05; 818264.82, 2003649.22; 

818265.42, 2003647.35; 818265.89, 

2003645.44; 818266.24, 2003643.51; 

818266.46, 2003641.56; 818266.55, 

2003639.59; 818266.51, 2003637.63; 

818266.35, 2003635.67; 818266.06, 

2003633.73; 818265.64, 2003631.81; 

818265.09, 2003629.92; 818264.43, 

2003628.07; 818263.64, 2003626.27; 

818262.74, 2003624.53; 818261.72, 

2003622.84; 818260.60, 2003621.23; 

818259.38, 2003619.69; 818258.05, 

2003618.24; 818256.64, 2003616.88; 

818255.14, 2003615.61; 818253.56, 

2003614.44; 818251.90, 2003613.38; 

818250.18, 2003612.43; 818248.40, 

2003611.60; 818246.57, 2003610.88; 

818244.70, 2003610.28; 818242.80, 

2003609.81; 818240.86, 2003609.46; 

818238.91, 2003609.24; 818236.95, 

2003609.15; 818236.49, 2003609.16; 

818236.87, 2003608.20; 818237.46, 

2003606.33; 818237.94, 2003604.42; 

818238.28, 2003602.49; 818238.50, 

2003600.54; 818238.59, 2003598.57; 

818238.56, 2003596.61; 818238.39, 

2003594.65; 818238.10, 2003592.71; 

818237.68, 2003590.79; 818237.13, 

2003588.90; 818236.47, 2003587.05; 

818235.68, 2003585.25; 818234.78, 

2003583.51; 818233.77, 2003581.82; 

818232.64, 2003580.21; 818231.42, 

2003578.67; 818230.10, 2003577.22; 

818229.24, 2003576.35; 818227.83, 

2003574.98; 818226.33, 2003573.72; 

818224.75, 2003572.55; 818223.09, 

2003571.49; 818221.37, 2003570.54; 

818219.59, 2003569.70; 818217.76, 

2003568.98; 818215.89, 2003568.39; 

818213.99, 2003567.92; 818212.05, 

2003567.57; 818210.10, 2003567.35; 

818208.14, 2003567.26; 818206.17, 

2003567.29; 818204.21, 2003567.46; 

818202.27, 2003567.75; 818200.35, 

2003568.17; 818198.46, 2003568.72; 

818196.62, 2003569.38; 818194.81, 

2003570.17; 818193.07, 2003571.07; 

818191.39, 2003572.08; 818189.77, 

2003573.21; 818188.24, 2003574.43; 

818186.87, 2003575.67; 818119.61, 

2003627.58; 818118.47, 2003628.50; 

818117.02, 2003629.82; 818116.33, 

2003630.51; 818088.04, 2003659.86; 

818054.31, 2003681.68; 818054.28, 

2003681.70; 818052.67, 2003682.82; 

818051.13, 2003684.04; 818049.68, 

2003685.37; 818048.32, 2003686.78; 

818047.05, 2003688.28; 818046.58, 

2003688.89; 818030.14, 2003710.85; 

818029.44, 2003711.82; 818028.38, 

2003713.48; 818027.43, 2003715.20; 

818026.59, 2003716.97; 818025.88, 

2003718.80; 818025.28, 2003720.68; 

818024.81, 2003722.58; 818024.52, 

2003724.15; 818022.15, 2003739.10; 

818022.09, 2003739.47; 818021.87, 

2003741.42; 818021.78, 2003743.38; 

(iii) Note: The map depicting Unit 14 

is provided at paragraph (20) (iii) of this 

entry. 

(20) Unit 15: Cueva Marcela Unit, San 

Lorenzo, Puerto Rico. 

(i) General Description: Unit 15 

consists of approximately 7.47 ac (3.02 

ha), between PR–181 and Quebrada 

Verraco to the north, PR–181 to the 

west, and Rı ́o Grande de Loı ́za and the 

municipal boundary of Yabucoa to the 

south, within Espino Ward, San 

Lorenzo. 

(ii) Coordinates: From Yabucoa and 

Patillas USGS 1:20,000 quadrangle 

maps. Unit 15 bounded by the following 

UTM 19 NAD 83 coordinates (E, N): 

818171.51, 2003361.29; 818171.55, 

2003363.25; 818171.72, 2003365.21; 

818172.01, 2003367.15; 818172.43, 

2003369.07; 818172.97, 2003370.96; 

818173.64, 2003372.81; 818174.42, 

2003374.61; 818175.33, 2003376.36; 

818176.34, 2003378.04; 818177.46, 

2003379.65; 818178.69, 2003381.19; 

818180.01, 2003382.64; 818181.43, 

2003384.00; 818182.93, 2003385.27; 

818184.51, 2003386.44; 818186.16, 

2003387.50; 818187.88, 2003388.45; 

818189.66, 2003389.28; 818191.49, 

2003390.00; 818193.36, 2003390.60; 

818195.27, 2003391.07; 818197.20, 

2003391.42; 818199.16, 2003391.64; 

818201.12, 2003391.73; 818203.08, 

2003391.69; 818205.04, 2003391.53; 

818206.98, 2003391.23; 818208.90, 

2003390.81; 818210.79, 2003390.27; 

818212.64, 2003389.60; 818214.44, 

2003388.82; 818216.19, 2003387.92; 

818217.87, 2003386.90; 818219.48, 

2003385.78; 818219.89, 2003385.47; 

818287.51, 2003333.26; 818288.65, 

2003332.34; 818290.10, 2003331.02; 

818291.46, 2003329.60; 818292.73, 

2003328.10; 818293.05, 2003327.68; 

818343.46, 2003261.48; 818344.31, 

2003260.32; 818345.37, 2003258.66; 

818346.32, 2003256.94; 818347.15, 

2003255.17; 818347.87, 2003253.34; 

818348.47, 2003251.46; 818348.94, 

2003249.56; 818349.29, 2003247.62; 

818349.51, 2003245.67; 818349.60, 

2003243.71; 818349.56, 2003241.74; 


ebenthall on PRODPC61 with PROPOSALS
33726 Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Proposed Rules 

818349.40, 2003239.79; 818349.10, 

2003237.84; 818348.68, 2003235.92; 

818348.14, 2003234.03; 818347.47, 

2003232.19; 818346.69, 2003230.39; 

818345.79, 2003228.64; 818344.77, 

2003226.96; 818343.65, 2003225.34; 

818342.42, 2003223.81; 818341.10, 

2003222.36; 818339.69, 2003220.99; 

818338.18, 2003219.73; 818336.60, 

2003218.56; 818334.95, 2003217.50; 

818333.23, 2003216.55; 818331.45, 

2003215.71; 818329.62, 2003214.99; 

818327.75, 2003214.40; 818325.84, 

2003213.93; 818323.91, 2003213.58; 

818321.96, 2003213.36; 818319.99, 

2003213.27; 818318.03, 2003213.30; 

818316.07, 2003213.47; 818314.13, 

2003213.76; 818312.21, 2003214.18; 

818310.32, 2003214.73; 818308.47, 

2003215.39; 818306.67, 2003216.18; 

818304.93, 2003217.08; 818303.24, 

2003218.09; 818301.63, 2003219.22; 

818300.09, 2003220.44; 818298.64, 

2003221.77; 818297.28, 2003223.18; 

818296.01, 2003224.68; 818295.69, 

2003225.10; 818247.68, 2003288.15; 

818183.19, 2003337.94; 818182.05, 

2003338.86; 818180.60, 2003340.18; 

818179.24, 2003341.60; 818177.97, 

2003343.10; 818176.81, 2003344.68; 

818175.74, 2003346.33; 818174.79, 

2003348.05; 818173.96, 2003349.83; 

818173.24, 2003351.66; 818172.64, 

2003353.53; 818172.17, 2003355.44; 

818171.82, 2003357.37; 818171.60, 

2003359.33; 818171.51, 2003361.29; 

818164.80, 2003448.26; 818164.84, 

2003450.23; 818165.01, 2003452.18; 

818165.30, 2003454.13; 818165.72, 

2003456.05; 818166.26, 2003457.93; 

818166.93, 2003459.78; 818167.72, 

2003461.58; 818168.62, 2003463.33; 

818169.63, 2003465.01; 818170.75, 

2003466.62; 818171.98, 2003468.16; 

818173.30, 2003469.61; 818174.72, 

2003470.98; 818176.22, 2003472.24; 

818177.80, 2003473.41; 818179.45, 

2003474.47; 818181.17, 2003475.42; 

818182.95, 2003476.26; 818184.78, 

2003476.97; 818186.65, 2003477.57; 

818188.15, 2003477.95; 818251.08, 

2003492.29; 818296.61, 2003523.57; 

818376.74, 2003594.09; 818377.97, 

2003595.11; 818379.55, 2003596.27; 

818381.20, 2003597.34; 818382.92, 

2003598.29; 818384.70, 2003599.12; 

818386.53, 2003599.84; 818388.40, 

2003600.44; 818390.31, 2003600.91; 

818392.24, 2003601.26; 818394.20, 

2003601.48; 818396.16, 2003601.57; 

818398.12, 2003601.53; 818400.08, 

2003601.36; 818402.02, 2003601.07; 

818403.94, 2003600.65; 818405.83, 

2003600.11; 818407.68, 2003599.44; 

818409.48, 2003598.66; 818411.23, 

2003597.75; 818412.91, 2003596.74; 

818414.52, 2003595.62; 818416.06, 

2003594.39; 818417.51, 2003593.07; 

818418.87, 2003591.65; 818420.14, 

2003590.15; 818421.31, 2003588.57; 

818422.37, 2003586.92; 818423.32, 

2003585.20; 818424.15, 2003583.42; 

818424.87, 2003581.59; 818425.47, 

2003579.72; 818425.94, 2003577.81; 

818426.29, 2003575.88; 818426.51, 

2003573.92; 818426.60, 2003571.96; 

818426.56, 2003570.00; 818426.40, 

2003568.04; 818426.10, 2003566.10; 

818425.68, 2003564.18; 818425.14, 

2003562.29; 818424.47, 2003560.44; 

818423.69, 2003558.64; 818422.79, 

2003556.89; 818421.77, 2003555.21; 

818420.65, 2003553.60; 818419.42, 

2003552.06; 818418.10, 2003550.61; 

818416.69, 2003549.25; 818416.41, 

2003549.00; 818334.93, 2003477.30; 

818333.70, 2003476.28; 818332.12, 

2003475.11; 818332.09, 2003475.09; 

818280.35, 2003439.55; 818278.72, 

2003438.50; 818277.00, 2003437.55; 

818275.22, 2003436.72; 818273.39, 

2003436.00; 818271.52, 2003435.40; 

818270.02, 2003435.02; 818201.50, 

2003419.40; 818201.09, 2003419.31; 

818199.16, 2003418.97; 818197.21, 

2003418.75; 818195.25, 2003418.66; 

818193.28, 2003418.69; 818191.32, 

2003418.86; 818189.38, 2003419.15; 

818187.46, 2003419.57; 818185.57, 

2003420.11; 818183.72, 2003420.78; 

818181.92, 2003421.57; 818180.18, 

2003422.47; 818178.49, 2003423.48; 

818176.88, 2003424.61; 818175.35, 

2003425.83; 818173.89, 2003427.15; 

818172.53, 2003428.57; 818171.26, 

2003430.07; 818170.10, 2003431.65; 

818169.04, 2003433.31; 818168.09, 

2003435.03; 818167.25, 2003436.80; 

818166.53, 2003438.63; 818165.94, 

2003440.50; 818165.46, 2003442.41; 

818165.12, 2003444.35; 818164.90, 

2003446.30; 818164.80, 2003448.26; 

(iii) Note: Map of Units 14 and 15 

(Map 12) follows: 

BILLING CODE 4310–55–P 


ebenthall on PRODPC61 with PROPOSALS
Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Proposed Rules 33727 


ebenthall on PRODPC61 with PROPOSALSEP19JN07.006</GPH>
33728 Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Proposed Rules 

(21) Unit 16: Ceiba Sur Unit, Juncos, 

Puerto Rico. 

(i) General Description: Unit 16 

consists of approximately 13.92 ac (5.63 

ha) between Road PR–9934 to the east, 

and Road PR–919 to the west within 

Ceiba Sur Ward, Juncos. 

(ii) Coordinates: From Juncos USGS 

1:20,000 quadrangle map. Unit 16 

bounded by the following UTM 19 NAD 

83 coordinates (E, N): 

825495.74, 2015729.02; 825495.78, 

2015730.98; 825495.94, 2015732.94; 

825496.23, 2015734.88; 825496.65, 

2015736.80; 825497.20, 2015738.69; 

825497.86, 2015740.54; 825498.65, 

2015742.34; 825499.55, 2015744.08; 

825500.57, 2015745.77; 825501.69, 

2015747.38; 825502.91, 2015748.92; 

825504.24, 2015750.37; 825505.65, 

2015751.73; 825507.15, 2015753.00; 

825508.73, 2015754.17; 825510.39, 

2015755.23; 825512.11, 2015756.18; 

825513.89, 2015757.01; 825515.50, 

2015757.66; 825623.97, 2015797.10; 

825686.46, 2015843.70; 825729.39, 

2015913.29; 825728.50, 2015977.04; 

825714.36, 2016115.79; 825714.30, 

2016116.45; 825714.21, 2016118.41; 

825714.25, 2016120.38; 825714.32, 

2016121.45; 825728.89, 2016288.33; 

825712.58, 2016422.79; 825712.46, 

2016424.02; 825712.36, 2016425.98; 

825712.40, 2016427.95; 825712.57, 

2016429.90; 825712.65, 2016430.55; 

825721.59, 2016494.66; 825721.80, 

2016495.95; 825722.22, 2016497.87; 

825722.77, 2016499.76; 825723.43, 

2016501.61; 825724.22, 2016503.41; 

825725.12, 2016505.16; 825726.13, 

2016506.84; 825727.26, 2016508.45; 

825728.48, 2016509.99; 825729.80, 

2016511.44; 825731.22, 2016512.80; 

825732.72, 2016514.07; 825734.30, 

2016515.24; 825735.96, 2016516.30; 

825737.68, 2016517.25; 825739.45, 

2016518.09; 825741.28, 2016518.80; 

825743.16, 2016519.40; 825745.06, 

2016519.87; 825747.00, 2016520.22; 

825748.95, 2016520.44; 825750.91, 

2016520.53; 825752.88, 2016520.50; 

825754.83, 2016520.33; 825756.78, 

2016520.04; 825758.70, 2016519.62; 

825760.59, 2016519.07; 825762.43, 

2016518.41; 825764.24, 2016517.62; 

825765.98, 2016516.72; 825767.66, 

2016515.71; 825769.28, 2016514.58; 

825770.81, 2016513.36; 825772.27, 

2016512.04; 825773.63, 2016510.62; 

825774.90, 2016509.12; 825776.06, 

2016507.54; 825777.12, 2016505.88; 

825778.08, 2016504.16; 825778.91, 

2016502.39; 825779.63, 2016500.56; 

825780.23, 2016498.69; 825780.70, 

2016496.78; 825781.05, 2016494.84; 

825781.27, 2016492.89; 825781.36, 

2016490.93; 825781.32, 2016488.96; 

825781.16, 2016487.01; 825781.07, 

2016486.36; 825772.67, 2016426.13; 

825788.89, 2016292.45; 825789.01, 

2016291.22; 825789.11, 2016289.26; 

825789.07, 2016287.29; 825788.99, 

2016286.22; 825774.40, 2016119.05; 

825788.38, 2015981.81; 825788.44, 

2015981.16; 825788.53, 2015979.19; 

825789.56, 2015905.38; 825789.53, 

2015903.42; 825789.36, 2015901.46; 

825789.07, 2015899.52; 825788.65, 

2015897.60; 825788.10, 2015895.71; 

825787.44, 2015893.86; 825786.65, 

2015892.06; 825785.75, 2015890.32; 

825785.09, 2015889.20; 825734.57, 

2015807.29; 825734.21, 2015806.72; 

825733.09, 2015805.11; 825731.86, 

2015803.57; 825730.54, 2015802.12; 

825729.12, 2015800.76; 825727.62, 

2015799.49; 825726.96, 2015798.98; 

825656.34, 2015746.31; 825655.42, 

2015745.66; 825653.76, 2015744.59; 

825652.04, 2015743.64; 825650.26, 

2015742.81; 825648.65, 2015742.17; 

825536.03, 2015701.22; 825535.81, 

2015701.14; 825533.94, 2015700.54; 

825532.03, 2015700.07; 825530.10, 

2015699.72; 825528.15, 2015699.50; 

825526.19, 2015699.41; 825524.22, 

2015699.45; 825522.26, 2015699.61; 

825520.32, 2015699.91; 825518.40, 

2015700.33; 825516.51, 2015700.87; 

825514.66, 2015701.54; 825512.86, 

2015702.32; 825511.12, 2015703.22; 

825509.43, 2015704.24; 825507.82, 

2015705.36; 825506.28, 2015706.59; 

825504.83, 2015707.91; 825503.47, 

2015709.32; 825502.20, 2015710.83; 

825501.03, 2015712.41; 825499.97, 

2015714.06; 825499.02, 2015715.78; 

825498.19, 2015717.56; 825497.47, 

2015719.39; 825496.87, 2015721.26; 

825496.40, 2015723.17; 825496.05, 

2015725.10; 825495.83, 2015727.05; 

825495.74, 2015729.02 

(iii) Note: Map of Unit 16 (Map 13) 

follows: 


ebenthall on PRODPC61 with PROPOSALS
Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Proposed Rules 33729 


ebenthall on PRODPC61 with PROPOSALSEP19JN07.007</GPH>
33730 Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Proposed Rules 

(22) Unit 17: Playita Unit, Yabucoa, 

Puerto Rico. 

(i) General Description: Unit 17 

consists of approximately 5.27 ac (2.13 

ha), between PR–900 to the north and 

east and the municipal boundary of 

Maunabo to the south, within Calabazas 

Ward, Yabucoa. 

(ii) Coordinates: From Yabucoa USGS 

1:20,000 quadrangle map. Unit 17 

bounded by the following UTM 19 NAD 

83 coordinates (E, N): 

825120.79, 1998673.78; 825120.83, 

1998675.74; 825121.00, 1998677.70; 

825121.29, 1998679.64; 825121.71, 

1998681.56; 825122.25, 1998683.45; 

825122.92, 1998685.30; 825123.71, 

1998687.10; 825124.61, 1998688.85; 

825125.62, 1998690.53; 825126.74, 

1998692.14; 825127.97, 1998693.68; 

825129.29, 1998695.13; 825130.71, 

1998696.49; 825132.21, 1998697.76; 

825133.79, 1998698.93; 825135.44, 

1998699.99; 825137.16, 1998700.94; 

825138.94, 1998701.77; 825140.77, 

1998702.49; 825142.64, 1998703.09; 

825144.55, 1998703.56; 825146.49, 

1998703.91; 825148.44, 1998704.13; 

825150.40, 1998704.22; 825152.37, 

1998704.18; 825154.32, 1998704.02; 

825156.27, 1998703.72; 825158.19, 

1998703.30; 825160.07, 1998702.76; 

825161.92, 1998702.09; 825163.72, 

1998701.31; 825165.47, 1998700.40; 

825167.15, 1998699.39; 825168.76, 

1998698.27; 825170.30, 1998697.04; 

825171.75, 1998695.72; 825172.48, 

1998694.98; 825196.33, 1998670.14; 

825233.38, 1998640.82; 825234.24, 

1998640.12; 825235.69, 1998638.80; 

825237.05, 1998637.38; 825238.32, 

1998635.88; 825239.49, 1998634.30; 

825240.24, 1998633.15; 825266.62, 

1998590.83; 825266.93, 1998590.32; 

825267.88, 1998588.60; 825268.71, 

1998586.82; 825269.43, 1998584.99; 

825270.03, 1998583.12; 825270.50, 

1998581.21; 825270.83, 1998579.42; 

825279.64, 1998520.84; 825279.66, 

1998520.70; 825279.88, 1998518.75; 

825279.96, 1998517.25; 825283.32, 

1998403.46; 825283.33, 1998402.99; 

825283.29, 1998401.03; 825283.13, 

1998399.07; 825282.84, 1998397.12; 

825282.42, 1998395.21; 825281.87, 

1998393.32; 825281.20, 1998391.47; 

825280.42, 1998389.67; 825279.52, 

1998387.92; 825278.50, 1998386.24; 

825277.38, 1998384.63; 825276.15, 

1998383.09; 825274.83, 1998381.64; 

825273.42, 1998380.27; 825271.91, 

1998379.01; 825270.33, 1998377.84; 

825268.68, 1998376.78; 825266.96, 

1998375.83; 825265.18, 1998374.99; 

825263.35, 1998374.28; 825261.48, 

1998373.68; 825259.57, 1998373.21; 

825257.64, 1998372.86; 825255.69, 

1998372.64; 825253.72, 1998372.55; 

825251.76, 1998372.59; 825249.80, 

1998372.75; 825247.86, 1998373.05; 

825245.94, 1998373.46; 825244.05, 

1998374.01; 825242.20, 1998374.68; 

825240.40, 1998375.46; 825238.65, 

1998376.36; 825236.97, 1998377.38; 

825235.36, 1998378.50; 825233.82, 

1998379.73; 825232.37, 1998381.05; 

825231.01, 1998382.46; 825229.74, 

1998383.97; 825228.57, 1998385.55; 

825227.51, 1998387.20; 825226.56, 

1998388.92; 825225.73, 1998390.70; 

825225.01, 1998392.53; 825224.41, 

1998394.40; 825223.94, 1998396.31; 

825223.59, 1998398.24; 825223.37, 

1998400.19; 825223.29, 1998401.69; 

825219.99, 1998513.68; 825212.36, 

1998564.33; 825192.03, 1998596.96; 

825157.45, 1998624.31; 825156.60, 

1998625.01; 825155.15, 1998626.34; 

825154.42, 1998627.07; 825129.15, 

1998653.40; 825128.52, 1998654.08; 

825127.25, 1998655.59; 825126.08, 

1998657.17; 825125.02, 1998658.82; 

825124.07, 1998660.54; 825123.24, 

1998662.32; 825122.52, 1998664.15; 

825121.92, 1998666.02; 825121.45, 

1998667.93; 825121.10, 1998669.86; 

825120.88, 1998671.81; 825120.79, 

1998673.78; 

(iii) Note: Map of Unit 17 (Map 14) 

follows: 


ebenthall on PRODPC61 with PROPOSALS
Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Proposed Rules 33731 


ebenthall on PRODPC61 with PROPOSALSEP19JN07.008</GPH>
33732 Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Proposed Rules 

* * * * * 

Dated: June 12, 2007. 

David M. Verhey, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 07–3031 Filed 6–15–07; 11:13 am] 

BILLING CODE 4310–55–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070601115–7115–01] 

RIN 0648–AU93 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Groundfish, Crab, 

Salmon, and Scallop Fisheries of the 

Bering Sea and Aleutian Islands 

Management Area and Gulf of Alaska, 

Essential Fish Habitat Rule Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS issues this proposed 

rule to correct certain provisions of a 

June 28, 2006, essential fish habitat 

(EFH) rule for Alaska fisheries. This 

proposed rule would clarify that 

portions of EFH management areas in 

the vicinity of the Aleutian Islands are 

located in State of Alaska waters. This 

proposed action also would apply EFH 

vessel monitoring system (VMS) and 

closure requirements to federally 

permitted vessels operating in State of 

Alaska waters adjacent to the Gulf of 

Alaska (GOA) and Aleutian Islands 

subarea. This action is necessary to 

ensure federally permitted vessels 

operating in State of Alaska waters 

comply with EFH protection measures. 

DATES: Written comments must be 

received by July 19, 2007. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Records Officer. Comments may be 

submitted by: 

• Mail: P.O. Box 21668, Juneau, AK 

99802; 

• Hand delivery: 709 West 9th Street, 

Room 420A, Juneau, AK; 

• Fax: 907–586–7557; 

• E-mail: VMS-PR–0648–

AU93@noaa.gov. Include in the subject 

line the following document identifier: 

‘‘VMS PR.’’ E-mail comments, with or 

without attachments, are limited to 5 

megabytes; or 

• Webform at the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions at that site for submitting 

comments. 

Copies of the maps of EFH and habitat 

areas of particular concern (HAPC) 

management areas, the Environmental 

Impact Statement (EIS) for EFH 

Identification and Conservation, the 

Environmental Assessment/Regulatory 

Impact Review/Initial Regulatory 

Flexibility Analysis (EA/RIR/IRFA) for 

HAPCs and the RIR/IRFA for this action 

may be obtained from the mailing or 

street address stated above or from the 

Alaska Region NMFS website at http:// 

www.fakr.noaa.gov. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 

rule may be submitted to the NMFS 

Alaska Region and by e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

(202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Melanie Brown, 907-586-7228 or e-mail 

at melanie.brown@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

groundfish, crab, scallop, and salmon 

fisheries in the exclusive economic zone 

(EEZ) off Alaska are managed under 

their respective fishery management 

plans (FMPs). The North Pacific Fishery 

Management Council (Council) 

prepared the FMPs under the authority 

of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), 16 U.S.C. 

1801, et seq. Regulations implementing 

the FMPs appear at 50 CFR parts 679 

and 680. General regulations governing 

U.S. fisheries also appear at 50 CFR part 

600. 

Background 

Section 303(a)(7) of the MagnusonStevens Act requires that each FMP 

describe and identify EFH, minimize to 

the extent practicable the adverse effects 

of fishing on EFH, and identify other 

measures to promote the conservation 

and enhancement of EFH. The Secretary 

of Commerce, acting through NMFS, 

approved the most recent EFH 

amendments to the FMPs on May 3, 

2006. These were Amendments 78 and 

65 to the FMP for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (BSAI), Amendments 

73 and 65 to the FMP for Groundfish of 

the Gulf of Alaska (GOA), Amendments 

16 and 12 to the FMP for Bering Sea/ 

Aleutian Islands King and Tanner Crabs, 

Amendments 7 and 9 to the FMP for the 

Scallop Fishery off Alaska, and 

Amendments 7 and 8 to the FMP for 

Salmon Fisheries in the Exclusive 

Economic Zone off the Coast of Alaska. 

These amendments revised the FMPs by 

identifying and describing EFH and 

designating HAPC, and included 

measures to minimize to the extent 

practicable potential adverse effects of 

fishing on EFH. 

On June 28, 2006, NMFS issued a 

final rule implementing the EFH 

amendments (71 FR 36694). Additional 

background information regarding the 

EFH FMP and regulatory amendments is 

in the March 22, 2006, proposed rule 

(71 FR 14470) and in the EIS and EA/ 

RIR/IRFA for HAPCs (see ADDRESSES). 

Protection Area Definitions 

The June 28, 2006, EFH rule contains 

definitions for the Aleutian Islands 

Habitat Conservation Area (AIHCA) and 

the Aleutian Islands Coral Habitat 

Protection Areas (AICHPA) and are 

described by coordinates listed in 

Tables 23 and 24 to 50 CFR part 679. 

Each table includes coordinates for 

locations within State of Alaska (State) 

waters, as intended by the Council and 

described in the EFH FMP amendments. 

The current regulatory definitions for 

these protection areas conflict with the 

FMP amendments and Tables 23 and 24 

by describing the protection areas as 

part of the Aleutian Islands subarea. The 

Aleutian Islands subarea is limited to 

waters of the EEZ, which does not 

include State waters (§ 679.2). 

To ensure that the definitions are 

consistent with the Council’s intent, the 

FMP amendments, and Tables 23 and 

24, § 679.2 would be revised to define 

the protection areas as located in 

reporting areas of the Aleutian Islands, 

including adjacent State of Alaska 

waters. This revision would ensure that 

the AIHCA and AICHPA apply to 

federally permitted vessels operating in 

the EEZ and in State waters. 

VMS Requirements 

The June 28, 2006, EFH rule requires 

all federally permitted fishing vessels to 

operate a VMS when operating in the 

Aleutian Islands subarea or when 

operating in the GOA with mobile 

bottom contact gear onboard 

(§ 679.28(f)(6)). For the EFH rule, the 

Council intended that the VMS 

requirements apply to all federally 

permitted vessels operating in State or 

Federal waters. Specifically, the EFH 

rule should have required VMS 

operation for all federally permitted 

vessels operating in Federal waters of 

the Aleutian Islands subarea or adjacent 

State waters and operating with mobile 

bottom contact gear onboard in the GOA 


ebenthall on PRODPC61 with PROPOSALS