Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Proposed Rules 15857 

and format of item data reported to the 

SC for sale must be in conformance with 

standards developed by the FAS ESC. 

(c) Provide all post-sale data and 

metrics to the FAS Planning Office in 

care of GSA MT using format and 

process developed by the FAS ESC no 

later than [date six months after 

publication of the final rule in the 

Federal Register]. 

[FR Doc. E7–6068 Filed 4–2–07; 8:45 am] 

BILLING CODE 6820–14–S 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

RIN 1018–AI71 and RIN 1018–AI72 

Endangered and Threatened Wildlife 

and Plants; Reopening of Public 

Comment Periods for the Proposed 

Designations of Critical Habitat for the 

Coastal California Gnatcatcher and the 

San Diego Fairy Shrimp 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rules; reopening of 

public comment periods. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service) announce the 

reopening of the public comment period 

on our April 24, 2003, proposed rule (68 

FR 20228) to designate critical habitat 

for the coastal California gnatcatcher 

(Polioptila californica californica) and 

our April 22, 2003, proposed rule (68 FR 

19888) to designate critical habitat for 

the San Diego fairy shrimp 

(Branchinecta sandiegonensis). The 

comment period will provide the public 

and Federal, State, and local agencies 

and Tribes with an opportunity to 

submit in writing updated comments 

and information on these species and 

associated habitat, the proposed critical 

habitat designations, and respective 

draft economic analyses. Comments 

relevant to issues identified for 

consideration in the April 22 and April 

24, 2003, proposed critical habitat rules 

and the April 8, 2004, notice of 

availability of the draft economic 

analyses for these species that were 

previously submitted during one of the 

prior public comment periods need not 

be resubmitted as they have already 

been incorporated into the public record 

and will be fully considered in any final 

decision. Comments relevant to issues 

identified in the April 8, 2004, Federal 

Register notice (69 FR 18515) reopening 

the comment period on the proposed 

determination of a Distinct Vertebrate 

Population Segment for the California 

gnatcatcher also need not be 

resubmitted as that determination will 

be made separately from the critical 

habitat designations for the coastal 

California gnatcatcher and San Diego 

fairy shrimp. 

DATES: We will accept comments and 

information until May 3, 2007. Any 

comments received after the closing 

date may not be considered in the final 

decisions on these proposals. 

ADDRESSES: If you wish to comment, 

you may submit your comments and 

materials on these proposals to us by 

any one of the following methods: 

1. You may submit written comments 

and information to Jim Bartel, Field 

Supervisor, Carlsbad Fish and Wildlife 

Office, 6010 Hidden Valley Road, 

Carlsbad, CA 92011. 

2. You may hand-deliver written 

comments and information to the 

Carlsbad Fish and Wildlife Office at the 

above address. 

3. You may send comments by 

facsimile to 760–431–5901. 

4. You may send comments by 

electronic mail (e-mail) to 

FW8cfwocomments@fws.gov. Please 

include ‘‘Attn: RIN 1018–AI71 and RIN 

1018–AI72’’ in the subject line of your 

e-mail and your name and address in 

the body of your message. If you do not 

receive a confirmation from the system 

that we have received your message, 

contact us directly by telephone at 760–

431–9440. 

5. You may go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments and materials received, as 

well as supporting documentation used 

in the preparation of these proposed 

rules, will be available for public 

inspection, by appointment, during 

normal business hours at the Carlsbad 

Fish and Wildlife Office at the above 

address (telephone 760–431–9440). 

Copies of the proposed rule and draft 

economic analysis for the coastal 

California gnatcatcher and San Diego 

fairy shrimp are available on the 

Internet at http://www.fws.gov/Carlsbad. 

You may also request copies of these 

documents by contacting the Carlsbad 

Fish and Wildlife Office at the above 

address. 

FOR FURTHER INFORMATION CONTACT: 

Tannika Engelhard, Branch Chief, 

Listing, Carlsbad Fish and Wildlife 

Office (telephone 760–431–9440). 

Persons who use a telecommunications 

device for the hearing impaired (TDD) 

may call the Federal Information Relay 

Service (FIRS) at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Public Comments Solicited 

We are soliciting comments from the 

public, governmental agencies, Tribes, 

the scientific community, industry, or 

any other interested parties concerning 

events that have occurred since the 

April 2003 publications of the proposed 

designations of critical habitat for the 

coastal California gnatcatcher and San 

Diego fairy shrimp and the April 2004 

publications of the draft economic 

analyses of the proposed designations 

for both species and any new 

information relevant to the status of the 

species and their essential habitats. 

With regard to the proposed rule and 

draft economic analysis for the coastal 

California gnatcatcher, we particularly 

seek comments concerning: 

(1) Land use designations and current 

or planned activities in the subject areas 

and their possible impacts on areas 

proposed as critical habitat for the 

coastal California gnatcatcher, including 

new information regarding areas 

proposed as critical habitat that may 

have lost coastal sage scrub as a result 

of development or other land use; 

(2) Approval and issuance of an 

incidental take permit under section 

10(a)(1)(B) of the Endangered Species 

Act of 1973, as amended (Act), for the 

Orange County Southern Subregion 

Habitat Conservation Plan (HCP); 

(3) Progress in the development and/ 

or implementation of other regional 

HCPs, including the Natural Community 

Conservation Plan/HCP for the City of 

Rancho Palos Verdes in Los Angeles 

County, CA, and the Western Riverside 

County Multiple Species HCP; 

(4) Effects of the large wildfires that 

occurred in October 2003 and more 

recently on the coastal sage scrub 

habitat in Ventura, Los Angeles, 

Riverside, San Bernardino, and San 

Diego counties; and 

(5) Publication of new biological 

information regarding the effects of 

wildfires from 2003 to the present or 

other relevant biological publications 

addressing the status and recovery of 

sage scrub habitat and conservation of 

the coastal California gnatcatcher. 

With regard to the proposed 

designation of critical habitat for the 

San Diego fairy shrimp, we particularly 

seek comments concerning: 

(1) Land use designations and current 

or planned activities in the subject areas 

and their possible impacts on areas 

proposed as critical habitat for the San 

Diego fairy shrimp, including new 

information regarding areas proposed as 

critical habitat that may have lost vernal 

pool habitat as a result of development; 

(2) Information regarding newly 

identified vernal pools that were not 


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15858 Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Proposed Rules 

previously known to support the San 

Diego fairy shrimp and whether these 

areas are essential to the conservation of 

the species, and why; and 

(3) The October 13, 2006, ruling by 

the U.S. District Court for the Southern 

District of California that enjoined the 

incidental take permit for seven vernal 

pool species (including the San Diego 

fairy shrimp) issued to the City of San 

Diego under the City’s Subarea Plan for 

the Southwestern San Diego County 

Multiple Species Conservation Program 

(MSCP), and how areas within the 

boundaries of the City of San Diego’s 

Subarea Plan of the MSCP that have 

been proposed for exclusion from 

critical habitat for the San Diego fairy 

shrimp should be evaluated in light of 

the Court’s decision. 

With regard to the proposed 

designation of critical habitat for both 

the coastal California gnatcatcher and 

the San Diego fairy shrimp, we 

particularly seek comments concerning 

any new information regarding costs 

associated with the proposed 

designations of critical habitat for these 

species, and whether the 2004 draft 

economic analyses made appropriate 

assumptions regarding likely regulatory 

changes, indirect effects (e.g., property 

tax losses due to reduced home 

construction), opportunity costs, and 

regional costs associated with land use 

controls that could arise from the 

designation of critical habitat for the 

coastal California gnatcatcher and San 

Diego fairy shrimp. 

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. 

Background 

On October 24, 2000, we published a 

final rule designating approximately 

513,650 ac (207,890 ha) of land in 

portions of Los Angeles, Orange, 

Riverside, San Bernardino, and San 

Diego counties as critical habitat for the 

coastal California gnatcatcher (65 FR 

63680). A final rule designating 

approximately 4,025 ac (1,629 ha) of 

land in Orange and San Diego counties 

as critical habitat for the San Diego fairy 

shrimp was published in the Federal 

Register on October 23, 2000 (65 FR 

63438). Following the publication of 

these final rules, several lawsuits were 

filed against the Service by multiple 

parties, including the Natural Resources 

Defense Council (NRDC), Building 

Industry Association of Southern 

California, National Association of 

Home Builders, Foothill/Eastern 

Transportation Corridor, and Rancho 

Mission Viejo, L.L.C. (NRDC v. U.S. 

Dept. of Interior, CV–99–2496 (C.D.Cal., 

filed 12/20/00); Building Industry 

Association of Southern California et al. 

v. Norton, CV 01–7028 (D.C.C., filed 

1/17/01), and Rancho Mission Viejo 

L.L.C. v. Babbitt, CV 01–8412 (D.D.C., 

filed 12/28/00)), challenging the critical 

habitat designations for the coastal 

California gnatcatcher and/or San Diego 

fairy shrimp. On June 11, 2002, the U.S. 

District Court for the Central District of 

California granted our request for a 

remand of the coastal California 

gnatcatcher and San Diego fairy shrimp 

critical habitat designations so that we 

could reconsider their associated 

economic analyses. For more 

information about the litigation history 

associated with these critical habitat 

designations, please see the Previous 

Federal Action sections of the April 24, 

2003, proposed rule for the coastal 

California gnatcatcher (68 FR 20228) 

and the April 22, 2003 proposed rule for 

the San Diego fairy shrimp (68 FR 

19890). 

On April 24, 2003, we published a 

proposed rule in the Federal Register 

(68 FR 20228) to designate critical 

habitat for the coastal California 

gnatcatcher on approximately 495,795 

acres (ac) (200,595 hectares (ha)) of land 

in Ventura, Los Angeles, Orange, 

Riverside, San Bernardino, and San 

Diego counties. 

The Service published a proposed 

rule in the April 22, 2003, edition of the 

Federal Register (68 FR 19888) to 

designate critical habitat for the San 

Diego fairy shrimp on approximately 

6,098 ac (2,468 ha) of land in Orange 

and San Diego counties. 

We accepted public comments on 

these two proposed rules until June 23, 

2003. On April 8, 2004, we published a 

notice in the Federal Register 

announcing the availability of draft 

economic analyses for the proposed 

designations, reopening the public 

comment periods on our proposed rules, 

and announcing the scheduling of 

public hearings on our proposed critical 

habitat designations and draft economic 

analyses for the coastal California 

gnatcatcher and San Diego fairy shrimp. 

Public hearings were conducted on 

April 29, 2004, from 1 to 3 p.m. and 

from 6 to 8 p.m. in Carlsbad, California. 

The second public comment period 

closed on May 10, 2004. The public 

comment period for the coastal 

California gnatcatcher and San Diego 

fairy shrimp proposed critical habitat 

rules is again reopened, and we will 

accept comments and information until 

May 3, 2007. Any comments received 

after the closing date may not be 

considered in the final decisions on 

these proposals. 

The Service initiated work on the 

final critical habitat rules for the coastal 

California gnatcatcher and the San 

Diego fairy shrimp, but due to other 

priorities we did not finalize the 

designations. On February 8, 2007, a 

motion was filed by the Plaintiffs 

requesting the Court to direct us to 

finalize critical habitat designations for 

the coastal California gnatcatcher and 

San Diego fairy shrimp. We reached an 

agreement with the Plaintiffs whereby 

final designations would be completed 

on or before November 2, 2007. This 

settlement agreement has been 

submitted to the Court for approval. 

Areas currently designated as critical 

habitat for the coastal California 

gnatcatcher and San Diego fairy shrimp 

will remain in place until such time as 

new final regulations for these species 

become effective. 

Critical habitat receives protection 

from destruction or adverse 

modification through required 

consultation under section 7 of the Act, 

with regard to actions carried out, 

funded, or authorized by a Federal 

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

requires that we designate or revise 

critical habitat on the basis of the best 

scientific and commercial data 

available, after taking into consideration 

economic, national security, and any 

other relevant impacts of specifying any 

particular area as critical habitat. The 

draft economic analysis for the 

proposed rule to designate critical 

habitat for the coastal California 

gnatcatcher estimated that the proposed 

designation may result in a potential 

economic cost, resulting from section 7 

of the Act, of approximately $915 

million through the year 2025, with an 

estimated annualized cost of $114 

million. In the development of a final 

rule, we will evaluate these potential 

economic impacts and may exclude 

specific areas from the final designation 

on the basis of economics, conservation 

programs and partnerships, or other 

factors pursuant to section 4(b)(2) of the 

Act. Any such exclusion would result in 

a reduction of the potential economic 

impacts of this designation. 

Section 318 of the National Defense 

Authorization Act for FY04 (Pub. L. 

108–136), amended the Act by adding a 

new section 4(a)(3)(B) that prohibits the 

Service from designating as critical 

habitat any lands or other geographical 

areas owned or controlled by the 


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Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Proposed Rules 15859 

Department of Defense, or designated 

for its use, that are subject to an 

Integrated Natural Resources 

Management Plan prepared under 

section 101 of the Sikes Act 

Improvement Act (16 U.S.C. 670a), if the 

Secretary determines in writing that 

such plan provides a benefit to the 

species for which critical habitat is 

being proposed for designation. In the 

development of the final designation of 

critical habitat each species, the areas 

proposed will be reviewed to determine 

if the application of section 4(a)(3)(B) of 

the Act may be appropriate. 

We also prepared a draft economic 

analysis of the April 22, 2003, proposed 

rule to designate critical habitat for the 

San Diego fairy shrimp. The draft 

analysis of this proposed designation 

estimates that potential economic costs 

associated with section 7 of the Act 

range up to $54.6 million over the next 

20 years, with a potential annualized 

impact of $7.2 million. 

We are reopening the comment period 

to allow all interested parties to 

comment simultaneously on the 

proposed rules for the coastal California 

gnatcatcher and San Diego fairy shrimp 

and the draft economic analyses and to 

provide new information regarding the 

species and their essential habitats and 

events that have occurred since the 

publication of the proposed rules in 

April 2003 and release of the draft 

economic analyses in April 2004. 

References Cited 

A complete list of all references used 

in the development of the proposed 

critical habitat designations for the 

coastal California gnatcatcher and San 

Diego fairy shrimp is available upon 

request from the Carlsbad Fish and 

Wildlife Office (see ADDRESSES section). 

Author 

The primary authors of this notice are 

the staff of the Carlsbad Fish and 

Wildlife Office (see ADDRESSES section). 

Authority: The authority for this action is 

the Endangered Species Act of 1973 (16 

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

Dated: March 22, 2007. 

David M. Verhey, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. E7–5743 Filed 4–2–07; 8:45 am] 

BILLING CODE 4310–55–P 


cprice-sewell on PROD1PC61 with PROPOSALS