15854 Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Proposed Rules 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it would not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.1D, and Department of 

Homeland Security Management 

Directive 5100.1, which guides the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (NEPA) (42 U.S.C. 4321–4370f), 

and have made a preliminary 

determination that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, we 

believe that this rule should be 

categorically excluded, under figure 2–

1, paragraph (32)(e) of the Instruction, 

from further environmental 

documentation as this action relates to 

the promulgation of operating 

regulations or procedures for 

drawbridges. Under figure 2–1, 

paragraph (32)(e) of the Instruction, an 

‘‘Environmental Analysis Checklist’’ is 

not required for this rule. Comments on 

this section will be considered before 

we make the final decision on whether 

to categorically exclude this rule from 

further environmental review. 

List of Subjects in 33 CFR Part 117 

Bridges. 

Regulations 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039. 

2. Section 117.217 is amended by 

revising paragraph (a) to read as follows: 

§ 117.217 Norwalk River. 

(a) The draw of the Washington Street 

S136 Bridge, mile 0.0, at Norwalk, shall 

operate as follows: 

(1) The draw shall open on signal; 

except that, from 7 a.m. to 8:45 a.m., 

11:45 a.m. to 1:15 p.m., and 4 p.m. to 

6 p.m., Monday through Friday, except 

holidays, the draw need not be opened 

for the passage of vessels that draw less 

than 14 feet of water. 

(2) The draw need not open for the 

passage of vessel traffic, from 10 a.m. to 

12 p.m., on the first Saturday in 

December, to facilitate the running of 

the annual Norwalk River Fun Run. 

Should inclement weather force the 

postponement of the race the above 

bridge closure shall be implemented the 

next day, the first Sunday after the first 

Saturday in December, from 10 a.m. to 

12 p.m. 

(3) The bridge opening signal is three 

short blasts. Vessels drawing 14 feet of 

water or more shall add one prolonged 

blast after the three short blasts. 

* * * * * 

Dated: March 15, 2007. 

Timothy S. Sullivan, 

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

First Coast Guard District. 

[FR Doc. E7–6144 Filed 4–2–07; 8:45 am] 

BILLING CODE 4910–15–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–38 

[FMR Case 2007–102–2; Docket FMR–2007–

0001, Sequence 1] 

RIN 3090–AI33 

Federal Management Regulation; FMR 

Case 2007–102–2, Sale of Personal 

Property—Federal Asset Sales (FAS) 

Sales Centers 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Proposed rule. 

SUMMARY: The General Services 

Administration is amending the Federal 

Management Regulation (FMR) by 

adding provisions for the sale of 

personal property through Federal Asset 

Sales (FAS) Sales Centers. 

DATES: Interested parties should submit 

comments in writing on or before May 


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Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Proposed Rules 15855 

3, 2007 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FMR case 2007–102–2 by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for any 

document by first selecting the proper 

document types and selecting ‘‘General 

Services Administration’’ as the agency 

of choice. At the ‘‘Keyword’’ prompt, 

type in the FMR case number (for 

example, FMR Case 2007–102–2) and 

click on the ‘‘Submit’’ button. You may 

also search for any document by 

clicking on the ‘‘Advanced search/ 

document search’’ tab at the top of the 

screen, selecting from the agency field 

‘‘General Services Administration,’’ and 

typing the FMR case number in the 

keyword field. Select the ‘‘Submit’’

button. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VIR), 1800 F Street, NW., Room 4035, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite FMR case 2007–102–2 in 

all correspondence related to this case. 

All comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat, Room 4035, GS 

Building, Washington, DC, 20405, at 

(202) 501–4755 for information 

pertaining to status or publication 

schedules. For clarification of content, 

contact Mr. Robert Holcombe, Office of 

Governmentwide Policy, Personal 

Property Management Policy, at (202) 

501–3828, or e-mail at 

robert.holcombe@gsa.gov. Please cite 

FMR case 2007–102–2. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This proposed amendment to part 

102–38 of the Federal Management 

Regulation (41 CFR part 102–38) would 

provide new policy to implement the 

Federal Asset Sales (FAS) e-Government 

initiative. The goals of this initiative are 

to: 

• Maximize the value that the Federal 

Government receives from selling its 

real and personal property assets by 

maximizing the visibility of the assets to 

prospective buyers. This regulation only 

addresses the sale of personal property. 

• Effect transparency in the sales 

process so that agencies are aware of the 

costs and performance of their sales 

alternatives, prospective buyers are 

aware of the conditions of the items 

offered for sale, and information on 

Federal sales activities and results are 

easily available to the public. 

• Collect and report Governmentwide 

data on the volume, proceeds, cost, and 

other performance characteristics of 

Federal property sales. 

This part discusses the requirement 

for agencies to sell their property 

through designated Sales Centers (SCs). 

The definitions of terms related to the 

FAS initiative are provided in this part, 

along with the policy related to how 

agencies must implement this initiative. 

Changes are also being made to this 

part to strengthen the terms and 

conditions of sale to specifically include 

requirements to dispose of assets in 

accordance with Federal, State, and 

local laws and regulations (section 102–

38.75). 

B. Executive Order 12866 

It has been determined that this 

proposed rule is not a significant 

regulatory action for the purposes of 

Executive Order 12866. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the FMR do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. 3501, et 

seq. 

D. Small Business Regulatory 

Enforcement Fairness Act 

This proposed rule is exempt from 

Congressional review under 5 U.S.C. 

801 since it relates solely to agency 

management and personnel. 

List of Subjects in 41 CFR Part 102–38 

Government property management, 

Surplus Government property. 

Dated: January 25, 2007. 

Kevin Messner, 

Acting Associate Administrator. 

For the reasons set forth in the 

preamble, GSA amends 41 CFR part 

102–38 as set forth below: 

PART 102–38—SALE OF PERSONAL 

PROPERTY 

1. The authority citation for part 102–

38 continues to read as follows: 

Authority: 40 U.S.C 545 and 40 U.S.C. 

121(c). 

§ 102–38.25 [Amended] 

2. Amend § 102–38.25 by removing 

‘‘holding’’ and adding ‘‘Sales Center’’ in 

its place. 

3. Amend § 102–38.30 by revising the 

heading to read as follows: 

§ 102–38.30 How does an executive 

agency request a deviation from the 

provisions of this part? 

* * * * * 

4. Amend § 102–38.35 by adding the 

definitions ‘‘Federal Asset Sales (FAS)’’, 

‘‘Holding Agency’’, ‘‘Migration Plan’’, 

and ‘‘Sales Center (SC)’’ to read as 

follows: 

§ 102–38.35 What definitions apply to this 

part? 

* * * * * 

Federal Asset Sales (FAS) refers to the 

e-Government initiative to improve the 

way the Federal Government manages 

and sells its real and personal property 

assets. Under this initiative, only an 

agency designated as a Sales Center (SC) 

may sell Federal property. The FAS 

program is governed by the FAS 

Executive Steering Committee (ESC), 

with GSA as the managing partner 

agency. 

Holding Agency refers to the agency 

in possession of personal property 

eligible for sale under this Part. 

* * * * * 

Migration Plan refers to the document 

a holding agency prepares to summarize 

its choice of SC and its plan for 

migrating agency sales to the SC(s). The 

format for this document is determined 

by the FAS ESC. 

* * * * * 

Sales Center (SC) means an agency 

that has been designated as an official 

sales agent for Federal property. The 

criteria for becoming an SC, the 

selection process, and the ongoing SC 

requirements for posting property for 

sale to the FAS portal and reporting 

sales activity and performance data are 

established by the FAS ESC and can be 

obtained from the FAS Program 

Management Office at GSA. SCs are 

expected to provide exemplary asset 

management solutions in one or more of 

the following areas: on-line sales; offline sales; and sales-related value added 

services. SCs will enter into agreements 

with holding agencies to sell property 

belonging to these agencies. 

* * * * * 

5. Revise § 102–38.40 to read as 

follows: 

§ 102–38.40 Who may sell personal 

property? 

An executive agency may sell 

personal property (including on behalf 

of another agency when so requested) 

only if it is a designated Sales Center 

(SC). An SC may engage contractor 

support to sell personal property. Only 

a duly authorized agency official may 

execute the sale award documents and 

bind the United States. 


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15856 Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Proposed Rules 

6. Amend §102–38.50 by revising the 

heading and introductory paragraph to 

read as follows: 

§ 102–38.50 What must we do when an 

executive agency suspects violations of 40 

U.S.C. 559, fraud, bribery, or criminal 

collusion in connection with the disposal of 

personal property? 

If an executive agency suspects 

violations of 40 U.S.C. 559, fraud, 

bribery, or criminal collusion in 

connection with the disposal of 

personal property, the agency must—

* * * * * 

7. Revise § 102–38.60 to read as 

follows: 

§ 102–38.60 Who is responsible for the 

costs of care and handling of the personal 

property before it is sold? 

The holding agency is responsible for 

the care and handling costs of the 

personal property until it is removed by 

the buyer, the buyer’s designee, or an 

SC. The holding agency may request the 

SC to perform care and handling 

services in accordance with their 

agreement. When specified in the terms 

and conditions of sale, the SC may 

charge costs for storage when the buyer 

is delinquent in removing the property. 

The amount so charged may only be 

retained by the agency performing the 

care and handling in accordance with 

§ 102–38.295. 

§ 102–38.65 [Amended] 

8. Amend § 102–38.65 in the heading, 

by removing ‘‘we are’’ and adding ‘‘we 

or the holding agency is’’ in its place; 

and in the second sentence by adding 

‘‘or the holding agency’’ after ‘‘you’’. 

§ 102–38.70 [Amended] 

9. Amend § 102–38.70 in the heading, 

by removing ‘‘we’’ and adding ‘‘the 

holding agency’’ in its place; and in 

paragraph (a), by removing ‘‘you’’ and 

adding ‘‘the holding agency’’ in its 

place. 

10. Amend § 102–38.75 by revising 

the introductory text to paragraph (a), 

and paragraph (a)(12) to read as follows: 

§ 102–38.75 How may we sell personal 

property? 

(a) You will sell personal property 

upon such terms and conditions as the 

head of your agency or designee deems 

proper to promote the fairness, 

openness, and timeliness necessary for 

the sale to be conducted in a manner 

most advantageous to the Government. 

When you are selling property on behalf 

of another agency, you must consult 

with the holding agency to determine 

any special or unique sales terms and 

conditions. You must also document the 

required terms and conditions of each 

sale, including, but not limited to, the 

following terms and conditions, as 

applicable: 

* * * * * 

(12) Requirements to comply with 

applicable laws and regulations. Part 

101–42 of this subchapter contains 

useful guidance addressing many of 

these requirements. You should also 

contact your agency’s Office of General 

Counsel or Environmental Office to 

identify applicable Federal, State, or 

local environmental laws and 

regulations. 

* * * * * 

11. Revise § 102–38.120 to read as 

follows: 

§ 102–38.120 When may we conduct 

negotiated sales of personal property at 

fixed prices (fixed price sale)? 

You may conduct negotiated sales of 

personal property at fixed prices (fixed 

price sale) under this section when: 

(a) The items are authorized to be sold 

at fixed price by the GSA Office of 

Travel, Transportation, and Asset 

Management (MT) in GSA Bulletin FMR 

B–10 (located at www.gsa.gov/ 

fmrbulletin). You may also contact MT 

at the address listed in § 102–38.115 to 

determine which items are on this list 

of authorized items; 

(b) The head of your agency, or 

designee, determines in writing that 

such sales serve the best interest of the 

Government. When you are selling 

property on behalf of a holding agency, 

you must consult with the holding 

agency in determining whether a fixed 

price sale meets this criterion; and 

(c) You must publicize such sales to 

the extent consistent with the value and 

nature of the property involved, and the 

prices established must reflect the 

estimated fair market value of the 

property. Property is sold on a firstcome, first-served basis. You or the 

holding agency may also establish 

additional terms and conditions that 

must be met by the successful purchaser 

in accordance with § 102–38.75. 

12. Revise § 102–38.295 to read as 

follows: 

§ 102–38.295 May we retain sales 

proceeds? 

(a) You may retain that portion of the 

sales proceeds, in accordance with your 

agreement with the holding agency, 

equal to your direct costs and 

reasonably related indirect costs 

(including your share of the 

Governmentwide costs to support the 

FAS Internet portal and 

Governmentwide reporting 

requirements) incurred in selling 

personal property. 

(b) A holding agency may retain that 

portion of the sales proceeds equal to its 

costs of care and handling directly 

related to the sale of personal property 

by the SC (e.g., shipment to the SC, 

storage pending sale, and inspection by 

prospective buyers). 

(c) After accounting for amounts 

retained under paragraphs (a) and (b), a 

holding agency may retain the balance 

of proceeds from the sale of its agency’s 

personal property when—

(1) It has the statutory authority to 

retain all proceeds from sales of 

personal property; 

(2) The property sold was acquired 

with non-appropriated funds as defined 

in § 102–36.40 of this subchapter B; 

(3) The property sold was surplus 

Government property that was in the 

custody of a contractor or subcontractor, 

and the contract or subcontract 

provisions authorize the proceeds of 

sale to be credited to the price or cost 

of the contract or subcontract; 

(4) The property was sold to obtain 

replacement property under the 

exchange/sale authority pursuant to part 

102–39 of this subchapter B; or 

(5) The property sold was related to 

waste prevention and recycling 

programs, under the authority of Section 

607 of Public Law 107–67 (Omnibus 

Consolidated and Emergency 

Supplemental Appropriations Act, 

1999, Public Law 107–67, 115 Stat. 514). 

Consult your General Counsel or Chief 

Financial Officer for guidance on use of 

this authority. 

13. Revise the section heading to 

§ 102–38.300 to read as follows: 

§ 102–38.300 What happens to sales 

proceeds that neither we nor the holding 

agency are authorized to retain, or that are 

unused? 

* * * * * 

14. Add Subpart H, consisting of 

§ 102–38.360 to read as follows: 

Subpart H—Implementation of the 

Federal Asset Sales Program 

§ 102–38.360 What must an executive 

agency do to implement the Federal Asset 

Sales (FAS) program? 

An executive agency must: 

(a) Complete a migration plan which 

outlines the agency’s action and 

timetable to begin using or become a SC. 

The migration plan must include the 

deadline to have all agency personal 

property sales conducted by an SC no 

later than [date six months after 

publication of the final rule in the 

Federal Register]. 

(b) Migrate all agency sales processes 

to your selected SC(s) no later than [date 

six months after publication of the final 

rule in the Federal Register]. Content 


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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 


cprice-sewell on PROD1PC61 with PROPOSALS