58032 Federal Register / Vol. 65, No. 188 / Wednesday, September 27, 2000 / Proposed Rules

final rules that have a significant

economic impact on a substantial

number of small business entities. The

purpose of these reviews is to determine

whether such rules should be continued

without change, amended, or rescinded,

consistent with the objectives of

applicable statutes, to minimize any

significant economic impact of the rules

on a substantial number of small

entities. We will consider: (1) The

continued need for the rule; (2) the

nature of complaints or comments

received from the public; (3) the

complexity of the rule: (4) the extent to

which the rule overlaps, duplicates, or

conflicts with other federal rules or with

state or local government rules; and (5)

the length of time since the rule has

been evaluated or the degree to which

technology, economic conditions, or

other factors have changed in the area

affected by the rule. We are seeking

comments on whether any requirements

in 49 CFR 571.131, 571.217, and

571.220 through 571.222 have a

significant economic impact on a

substantial number of small entities. In

conjunction with our section 610

reviews, we will review §§ 57.131,

571.217, and 571.220 through 571.222

to determine if these regulations can be

organized and/or rewritten to make

them easier to read, understand, and

use.

The request for comments specified a

comment closing date of September 29,

2000. However, on September 13, 2000,

we received a request for an extension

of the comment closing date from the

National Truck Equipment Association

(NTEA) on behalf of its affiliate

division, the Manufacturers Council of

Small School Buses (MCSSB). NTEA

stated that it wished to provide

comments on our request, but was

unable to gather information from small

businesses and submit comments within

the time frame. Therefore, NTEA

requested an additional 60 days for

submission of its comments.

The agency is interested in comments

from NTEA, small businesses and other

interested parties. Thus, in order to

provide NTEA and other interested

parties ample time and opportunity to

express their views on the small

business impacts of school bus safety,

NHTSA believes that there is good cause

for the extension of the comment

period. NHTSA has determined that an

appropriate comment period is the same

amount of time it typically allows for

comments to a notice of proposed

rulemaking. However, the agency does

not believe that an extension of 60 days

past the original comment date is

warranted. NHTSA has determined that

it is appropriate to extend the comments

period for 45 days and that such an

extension is consistent with the public

interest. Accordingly, NTEA’s request to

extend the comment period for an

additional 60 days is denied, but the

comment period is extended for a

period of 45 days to November 13, 2000.

Authority: 49 U.S.C. 322, 30111, 30115,

30117, and 30166; delegation of authority is

at 49 CFR 1.50.

William H. Walsh,

Associate Administrator for Plans and Policy.

[FR Doc. 00–24666 Filed 9–26–00; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AF41

Endangered and Threatened Wildlife

and Plants; Reopening of Comment

Period, Notice of Public Hearings, and

Clarification of Special Rule on

Proposed Threatened Status for

Chiricahua Leopard Frog

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; reopening of

comment period, notice of public

hearing, and clarification.

SUMMARY: We, the U.S. Fish and

Wildlife Service give notice that the

comment period is reopened and that

public hearings are scheduled on the

proposed rule to list the Chiricahua

leopard frog as threatened with a special

rule. The hearings and the reopening of

the comment period will allow all

interested parties to submit oral or

written comments on the proposal. We

also clarify the extent of lands to which

a proposed special rule for the frog

would apply.

DATES: We will hold the public hearings

7 p.m. to 9 p.m. on October 10, 2000,

in Silver City, New Mexico; and October

11, 2000, in Bisbee, Arizona. The

comment period for this proposal is

now reopened until November 13, 2000.

Comments must be received by the

closing date. We will not consider any

comments we receive after the closing

date in the final decision on the

proposal.

ADDRESSES: We will hold the public

hearings at Light Hall Auditorium,

Western New Mexico University, 1000

College Street, Silver City, New Mexico;

and Bisbee High School Auditorium,

School Terrace Road (south of Highway

92), Bisbee, Arizona. Send written

comments to the Field Supervisor, U.S.

Fish and Wildlife Service, 2321 W.

Royal Palm Road, Suite 103, Phoenix,

Arizona 85021. Comments and materials

received will be available for public

inspection, by appointment, during

normal business hours at the above Fish

and Wildlife Service address.

FOR FURTHER INFORMATION CONTACT:

Jeffrey A. Humphrey, at the above

address (602–640–2720).

SUPPLEMENTARY INFORMATION:

Background

We published a proposed rule to list

Chiricahua leopard frog (Rana

chiricahuensis) as threatened pursuant

to the Endangered Species Act of 1973,

as amended (Act) in the Federal

Register on June 14, 2000 (64 FR 37343).

The Chiricahua leopard frog is now

absent from many historical localities

and numerous mountain ranges, valleys,

and drainages within its former range.

In areas where it is present, populations

are often few, small and widely

scattered. Known threats include habitat

alteration, destruction, and

fragmentation; predation by nonnative

organisms; and disease. Problems

associated with small population

numbers and size, and adverse effects

from water-borne contaminants may

also threaten the species.

Concurrently with publication of the

proposed rule to list the Chiricahua

leopard frog as threatened, we

published a proposed special rule under

4(d) of the Act to amend regulations at

50 CFR 17.43. The special rule stated

that ‘‘. . . incidental take of the

Chiricahua leopard frog will not be

considered a violation of section 9 of the

Endangered Species Act of 1973, as

amended (Act), if it results from

livestock use of or maintenance

activities at livestock tanks located on

private or tribal lands.’’ The intent of

the special rule was to encourage

continued conservation of Chiricahua

leopard frog habitat in livestock tanks

on all non-Federal lands, rather than

limiting the conservation incentive to

just private and tribal lands. Incidental

take of Chiricahua leopard frogs during

operations and maintenance of livestock

tanks on Federal lands will be reviewed

under the section 7 consultation

process.

Clarification of Special Rule

3. We propose to amend 50 CFR 17.43

by adding paragraphs to read as follows:

§ 17.43 Special rules-amphibians.

* * * * *

(b) What species is covered by this

special rule? Chiricahua leopard frog

(Rana chiricahuensis).

Federal Register / Vol. 65, No. 188 / Wednesday, September 27, 2000 / Proposed Rules 58033

(1) What activities are prohibited?

Except as noted in paragraph (b)(2) of

this section, all prohibitions of § 17.31

will apply to the Chiricahua leopard

frog.

(2) What activities are allowed on

non-Federal land? Incidental take of the

Chiricahua leopard frog will not be

considered a violation of section 9 of the

Endangered Species Act of 1973, as

amended (Act), if it results from

livestock use of, or maintenance

activities at, livestock tanks located on

any non-Federal lands. A livestock tank

is defined as an existing or future

impoundment in an ephemeral drainage

or upland site constructed primarily as

a watering site for livestock.

Comments Solicited

Pursuant to 50 CFR 424.16(c)(2), we

may extend or reopen a comment period

upon finding that there is good cause to

do so. Full participation of the affected

public in the species listing process,

allowing us to consider the best

scientific and commercial data available

in making a final determination on the

proposed action, is deemed as sufficient

cause. Additionally, this reopened

comment period will allow the public to

consider and comment on the

clarification of the special rule provided

in this notice.

Section 4(b)(5)(E) of the Act, as

amended (16 U.S.C. 1531 et seq.),

requires that a public hearing be held if

it is requested within 45 days of the

publication of a proposed rule. In

response to 11 such requests, we will

hold two public hearings (see DATES and

ADDRESSES).

Anyone wishing to make an oral

statement for the record is encouraged

to provide a written copy of their

statement and submit it at the start of

the hearing. In the event there is a large

attendance, the time allotted for oral

statements may have to be limited. Oral

and written statements receive equal

consideration. There are no limits to the

length of written comments submitted at

the hearings or mailed to the Fish and

Wildlife Service.

The comment period on this proposal

closed on September 12, 2000. In order

to accommodate public hearings, we

now reopen the public comment period.

Written comments may now be

submitted until October 27, 2000, to our

office in the ADDRESSES section.

Author: The primary author of this

notice is James Rorabaugh (see

ADDRESSES).

Authority: The authority for this action is

the Endangered Species Act of 1973 (16

U.S.C. 1531–1544).

Dated: September 20, 2000.

Nancy M. Kaufman,

Regional Director, Region 2, Fish and Wildlife

Service.

[FR Doc. 00–24758 Filed 9–26–00; 8:45 am]

BILLING CODE 4310–55–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AF41

Endangered and Threatened Wildlife

and Plants; Reopening of Comment

Period, Notice of Public Hearings on

Proposed Threatened Status for

Chiricahua Leopard Frog, and

Clarification of Special Rule

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; reopening of

comment period, notice of public

hearing, and clarification.

SUMMARY: We, the U.S. Fish and

Wildlife Service (Service) give notice

that the comment period is reopened

and that public hearings are scheduled

on the proposed rule to list the

Chiricahua leopard frog as threatened

with a special rule. The hearings and

the reopening of the comment period

will allow all interested parties to

submit oral or written comments on the

proposal. We also clarify the extent of

lands to which a proposed special rule

for the frog would apply.

DATES: The public hearings will be held

from 7 p.m. to 9 p.m. on October 10,

2000, in Silver City, New Mexico; and

October 11, 2000, in Bisbee, Arizona.

The comment period for this proposal is

now reopened until October 27, 2000.

Comments must be received by the

closing date. Any comments that are

received after the closing date may not

be considered in the final decision on

the proposal.

ADDRESSES: The public hearings will be

held at Light Hall Auditorium, Western

New Mexico University, 1000 College

Street, Silver City, New Mexico; and

Bisbee High School Auditorium, School

Terrace Road (south of Highway 92),

Bisbee, Arizona. Written comments

should be sent to the Field Supervisor,

U.S. Fish and Wildlife Service, 2321 W.

Royal Palm Road, Suite 103, Phoenix,

Arizona 85021. Comments and materials

received will be available for public

inspection, by appointment, during

normal business hours at the above Fish

and Wildlife Service address.

FOR FURTHER INFORMATION CONTACT:

Jeffrey A. Humphrey, at the above

address (602–640–2720).

SUPPLEMENTARY INFORMATION:

Background

A proposed rule to list Chiricahua

leopard frog (Rana chiricahuensis) as

threatened pursuant to the Endangered

Species Act of 1973, as amended

(Act)was published in the Federal

Register on June 14, 2000 (65 FR 37343).

The Chiricahua leopard frog is now

absent from many historical localities

and numerous mountain ranges, valleys,

and drainages within its former range.

In areas where it is present, populations

are often few, small, and widely

scattered. Known threats include habitat

alteration, destruction, and

fragmentation; predation by nonnative

organisms; and disease. Problems

associated with small population

numbers and size, and adverse effects

from water-borne contaminants may

also threaten the species.

Concurrently with publication of the

proposed rule to list the Chiricahua

leopard frog as threatened, we

published a proposed special rule under

4(d) of the Act to amend regulations at

50 CFR 17.84. The special rule stated

that ‘‘incidental take of the Chiricahua

leopard frog will not be considered a

violation of section 9 of the Endangered

Species Act of 1973, as amended (Act),

if it results from livestock use of or

maintenance activities at livestock tanks

located on private or tribal lands.’’ The

intent of the special rule was to

encourage continued conservation of

Chiricahua leopard frog habitat in

livestock tanks on all non-Federal lands,

rather than limiting the conservation

incentive to just private and tribal lands.

Incidental take of Chiricahua leopard

frogs during operations and

maintenance of livestock tanks on

Federal lands will be reviewed under

the section 7 consultation process.

Clarification of Special Rule

3. We propose to amend 50 CFR 17.84

by adding paragraphs to read as follows:

§ 17.84 Special rules-vertebrates

* * * * *

(1) What species are covered by this

special rule?

(i) Chiricahua leopard frog (Rana

chiricahuensis).

(2) What activities are prohibited?

(i) Except as noted in paragraph (3) of

this section, all prohibitions of § 17.31

will apply to the Chiricahua leopard

frog.

(3) What activities are allowed on

non-Federal land?