Federal Register / Vol. 63, No. 116 /Wednesday, June 17, 1998 / Proposed Rules 33033

employees the length of time away from

duty anticipated, and identification of

documents to be used in each

deposition or other testimony, where

appropriate.

(d) The Appropriate Authority will

notify the current or former employee,

the appropriate supervisor, and such

other persons as circumstances may

warrant, whether disclosure or

production is authorized, and of any

conditions or limitations to disclosure

or production.

(e) Factors to be considered by the

Appropriate Authority in responding to

demands:

(1) Whether disclosure or production

is appropriate under rules or procedure

governing the proceeding out of which

the demand arose;

(2) The relevance of the testimony or

documents to the proceedings;

(3) The impact of the relevant

substantive law concerning applicable

privileges recognized by statute,

common law, judicial interpretation or

similar authority;

(4) The information provided by the

issuer of the demand in response to

requests by the Appropriate Authority

pursuant to paragraphs (b) and (c) of

this section;

(5) The steps taken by the issuer of the

demand to minimize the burden of

disclosure or production on GSA,

including but not limited to willingness

to accept authenticated copies of

material in lieu of personal appearance

by GSA employees;

(6) The impact on pending or

potential litigation involving GSA or the

United States as a party;

(7) In consultation with the head of

the GSA organizational component

affected, the burden on GSA which

disclosure or production would entail;

and

(8) Any additional factors unique to a

particular demand or proceeding.

(f) The Appropriate Authority shall

not approve a disclosure or production

which would:

(1) Violate a statute or a specific

regulation;

(2) Reveal classified information,

unless appropriately declassified by the

originating agency;

(3) Reveal a confidential source or

informant, unless the investigative

agency and the source or informant

consent;

(4) Reveal records or information

compiled for law enforcement purposes

which would interfere with enforcement

proceedings or disclose investigative

techniques and procedures the

effectiveness of which would be

impaired;

(5) Reveal trade secrets or commercial

or financial information which is

privileged or confidential without prior

consultation with the person from

whom it was obtained; or

(6) Be contrary to a recognized

privilege.

(g) The Appropriate Authority’s

determination, including any reasons

for denial or limitations on disclosure or

production, shall be made as

expeditiously as possible and shall be

communicated in writing to the issuer

of the demand and appropriate current

or former GSA employee(s). In

proceedings in which GSA, its current

or former employees, or the United

States are represented by DOJ, the

determination shall be coordinated with

DOJ which may respond to the issuer of

the subpoenas or demand in lieu of the

Appropriate Authority.

§ 105–60.606 Procedure where response

to demand is required prior to receiving

instructions.

(a) If a response to a demand is

required before the Appropriate

Authority’s decision is issued, a GSA

attorney designated by the Appropriate

Authority for the purpose shall appear

with the employee or former employee

upon whom the demand has been made,

and shall furnish the judicial or other

authority with a copy of the instructions

contained in this subpart. The attorney

shall inform the court or other authority

that the demand has been or is being

referred for the prompt consideration by

the Appropriate Authority. The attorney

shall respectfully request the judicial or

administrative authority to stay the

demand pending receipt of the

requested instructions.

(b) The designated GSA attorney shall

coordinate GSA’s response with DOJ’s

Civil Division or the relevant Office of

the United States Attorney and may

request that a DOJ or Assistant United

States Attorney appear with the

employee in addition to or in lieu of a

designated GSA attorney.

(c) If an immediate demand for

production or disclosure is made in

circumstances which preclude the

appearance of a GSA or DOJ attorney on

the behalf of the employee or the former

employee, the employee or former

employee shall respectfully make a

request to the demanding authority for

sufficient time to obtain advice of

counsel.

§ 105–60.607 Procedure in the event of an

adverse ruling.

If the court or other authority declines

to stay the effect of the demand in

response to a request made in

accordance with § 105–60.606 pending

receipt of instructions, or if the court or

other authority rules that the demand

must be compiled with irrespective of

instructions by the Appropriate

Authority not to produce the material or

disclose the information sought, the

employee or former employee upon

whom the demand has been made shall

respectfully decline to comply, citing

these instructions and the decision of

the United States Supreme Court in

United States ex rel. Touhy v. Ragen,

340 U.S. 462 (1951).

§ 105–60.608 Fees, expenses, and costs.

(a) In consultation with the

Appropriate Authority, a current

employee who appears as a witness

pursuant to a demand shall ensure that

he or she receives all fees and expenses,

including travel expenses, to which

witnesses are entitled pursuant to rules

applicable to the judicial or

administrative proceedings out of which

the demand arose.

(b) Witness fees and reimbursement

for expenses received by a GSA

employee shall be disposed of in

accordance with rules applicable to

Federal employees in effect at the time.

(c) Reimbursement to the GSA for

costs associated with producing

material pursuant to a demand shall be

determined in accordance with rules

applicable to the proceedings out of

which the demand arose.

Dated: June 9, 1998.

Joseph R. Rodriquez,

Acting Associate Administrator for

Management and Workplace Programs.

[FR Doc. 98–15948 Filed 6–16–98; 8:45 am]

BILLING CODE 6820–34–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AE85

Endangered and Threatened Wildlife

and Plants; Notice of Reopening of

Public Comment Period on the

Proposed Rule to List the Cowhead

Lake Tui Chub as Endangered

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; reopening of

comment period.

SUMMARY: The Fish and Wildlife Service

(Service), pursuant to the Endangered

Species Act of 1973, as amended (Act),

provides notice of the reopening of the

comment period for the proposed

endangered status for the Cowhead Lake

tui chub (Gila bicolor vaccaceps). The

comment period has been reopened to

acquire additional information on the
33034 Federal Register / Vol. 63, No. 116 /Wednesday, June 17, 1998 / Proposed Rules

biology, distribution, and status of the

Cowhead Lake tui chub in northeastern

California.

DATES: Comments from all interested

parties must be received by August 3,

1998. All comments received by the

closing date will be considered in the

final decision on this proposal.

ADDRESSES: Written comments,

materials and data, and available reports

and articles concerning this proposal

should be sent directly to the Field

Supervisor, Sacramento Fish and

Wildlife Office, U.S. Fish and Wildlife

Service, 3310 El Camino Avenue, Suite

130, Sacramento, California 95821.

Comments and materials received will

be available for public inspection, by

appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT: Ann

Chrisney, at the address listed above

(telephone 916/979–2725, facsimile

916/979–2723).

SUPPLEMENTARY INFORMATION:

Background

The Cowhead Lake tui chub is a fish

that is found only in Cowhead Slough

and connected ditches within the bed of

Cowhead Lake in extreme northeastern

Modoc County, California. Prior to being

drained for agricultural purposes,

Cowhead Lake is thought to have

contained the majority of the Cowhead

Lake tui chub population. The entire

population appears to occur in a very

confined area of 5.4 kilometers (3.4

miles) of Cowhead Slough and

connected drainage within the bed of

Cowhead Lake. There are no additional

populations. Protection of the habitat

within this limited range is required to

conserve the Cowhead Lake tui chub.

This subspecies is threatened

throughout its range by a variety of

impacts, including loss of habitat from

agricultural activities, the risk of disease

and contamination, loss of genetic

variability and by naturally occurring

random events.

On March 30, 1998, the Service

published in the Federal Register a rule

proposing endangered status for the

Cowhead Lake tui chub (63 FR 15152).

The original comment period closed

May 29, 1998.

There have been requests from five

parties, including private organizations

and private citizens, to reopen the

comment period for this listing

proposal. The Service is seeking

additional information concerning:

(1) The size, number, or distribution

of populations of this subspecies; and

(2) Other biological, commercial, or

other relevant data on any threat (or lack

thereof) to this subspecies.

Written comments may be submitted

until August 3, 1998 to the Service

office in the ADDRESSES section.

Author

The primary author of this notice is

Ann Chrisney (see ADDRESSES section).

Authority

The authority for this action is the

Endangered Species Act of 1973 (16

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

Dated: June 9, 1998.

Don Weathers,

Acting Regional Director, Region 1.

[FR Doc. 98–15929 Filed 6–16–98; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 227

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; 90-Day Finding for a

Petition To List the Spruce Creek Snail

of Florida as Threatened and

Designate Critical Habitat

AGENCY: Fish and Wildlife Service,

Interior; National Marine Fisheries

Service, National Oceanic and

Atmospheric Administration,

Commerce.

ACTION: Notice of 90-day petition

finding.

SUMMARY: The Fish and Wildlife Service

and National Marine Fisheries Service

(Services) announce a 90-day finding on

a petition to list the Spruce Creek snail

(Melongena sprucecreekensis) under the

Endangered Species Act, as amended.

The Services find the petition did not

present substantial scientific or

commercial information indicating that

listing this species may be warranted.

DATES: The finding announced in this

document was made on May 11, 1998,

and concurred with by NFMS on May

28, 1998.

ADDRESSES: Questions, comments, data,

or information concerning this petition

should be submitted to the Field

Supervisor, U.S. Fish and Wildlife

Service, 6620 Southpoint Drive South,

Suite 310, Jacksonville, Florida 32216;

Regional Administrator, National

Marine Fisheries Service, 9721

Executive Center Drive, St. Petersburg,

Florida 33702–2432, or Chief,

Endangered Species Division, Office of

Protected Resources, National Marine

Fisheries Service, 1315 East West

Highway, Silver Spring, Maryland

20910. The petition finding, supporting

data, and comments are available for

public inspection, by appointment,

during normal business hours at the

above addresses.

FOR FURTHER INFORMATION CONTACT: Dr.

Michael M. Bentzien, Assistant Field

Supervisor, Jacksonville, Florida;

telephone 904/232–2580, ext. 106;

facsimile 904/232–2404 or Colleen

Coogan, Fishery Biologist, St.

Petersburg, Florida, telephone 813/570–

5312; facsimile 813/570–5517 (see

ADDRESSES section).

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(A) of the Endangered

Species Act (Act) of 1973, as amended

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

Services to make a finding on whether

a petition to list, delist, or reclassify a

species presents substantial scientific or

commercial information to demonstrate

that the petitioned action may be

warranted. This finding is to be based

on all information available to the

Services at the time the finding is made.

To the maximum extent practicable, this

finding shall be made within 90 days

following receipt of the petition, and

promptly published in the Federal

Register. If the finding is that

substantial information was presented,

the Services are also required to

promptly commence a review of the

status of the species involved, if one has

not already been initiated under the

Service’s internal candidate assessment

process.

On December 12, 1994, the Fish and

Wildlife Service received a petition

dated December 5, 1994, from R. P.

Haviland, corresponding secretary of the

Environmental Council of Volusia and

Flagler counties, Florida. The petition

requested the Service to list the Spruce

Creek snail, Melongena

sprucecreekensis, as a threatened

species and designate its critical habitat.

The petition stated that this recently

described snail is restricted to Spruce

Creek and associated waters in Volusia

County, Florida, and is threatened by

ongoing and potential development and

natural factors.

The Fish and Wildlife Service

received a previous petition in 1985 to

list the species, then known as the

Spruce Creek Kings Crown snail, as

endangered. The Service found that

petitioned action was not warranted due

to the species’ uncertain taxonomic