19164 Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Proposed Rules 

(iii) Risk assessment for maritime 

safety and security; 

(iv) Risk management strategies; and 

(v) Resource needs for maritime 

safety, security, and response. 

(g) The Follow-on WSA must: 

(1) Be submitted to the COTP as 

follows: 

(i) The owner or operator of an LNG 

facility must submit the Follow-on WSA 

to the COTP no later than the date the 

owner or operator files its application 

with FERC pursuant to 18 CFR parts 153 

or 157, or if no application to FERC is 

required, at least 180 days before the 

owner or operator begins transferring 

LNG. 

(ii) The owner or operator of an LHG 

facility must submit the Follow-on WSA 

to the COTP in all cases at least 180 

days before the owner or operator begins 

transferring LHG. 

(2) Contain a detailed analysis of the 

elements listed in §§ 127.009(d) and (e) 

of this part below. 

(h) Until the facility begins operation, 

owners or operators must: 

(1) Annually review their WSAs and 

submit a report to the COTP as to 

whether changes are required. The 

deadline for the required annual report 

should coincide with the date of the 

COTP’s letter of recommendation, 

which indicates review and validation 

of the Follow-on WSA has been 

completed. 

(2) In the event that revisions to the 

WSA are needed, report to the COTP the 

details of the necessary revisions, along 

with a timeline for completion. 

(3) Update the WSA if there are any 

changes in conditions, such as changes 

to the port environment, the LNG or 

LHG facility, or the tanker route, that 

would affect the suitability of the 

waterway for LNG or LHG traffic. 

(4) Submit a final report to the COTP 

at least 30 days, but not more than 60 

days, prior to the start of operations. 

5. Revise § 127.009 to read as follows: 

§ 127.009 Letter of recommendation. 

After the COTP receives the letter of 

intent under § 127.007(a) or (b), the 

COTP issues a letter of recommendation 

to the federal, state, or local government 

agencies having jurisdiction, as to the 

suitability of the waterway for LNG or 

LHG marine traffic, based on the— 

(a) Information submitted under 

§ 127.007; 

(b) Density and character of marine 

traffic in the waterway; 

(c) Locks, bridges, or other man-made 

obstructions in the waterway; 

(d) Following factors adjacent to the 

facility such as: 

(1) Depths of the water; 

(2) Tidal range; 

(3) Protection from high seas; 

(4) Natural hazards, including reefs, 

rocks, and sandbars; 

(5) Underwater pipelines and cables; 

(6) Distance of berthed vessel from the 

channel and the width of the channel; 

and 

(e) Other safety and security issues 

identified. 

Dated: April 22, 2009. 

Howard L. Hime, 

Acting Director of Commercial Regulations 

and Standards, U.S. Coast Guard. 

[FR Doc. E9–9639 Filed 4–27–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 21 

RIN 2900–AN31 

Vocational Rehabilitation and 

Employment Program—SelfEmployment 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

amend the vocational rehabilitation and 

employment regulations of the 

Department of Veterans Affairs (VA) 

concerning self-employment for 

individuals with qualifying disabilities. 

We are proposing changes that are 

intended to conform VA’s regulations 

for self-employment programs for 

veterans, and for servicemembers 

awaiting discharge, to statutory 

provisions, including provisions 

limiting eligibility for certain supplies, 

equipment, stock, and license fees to 

individuals with the most severe 

service-connected disabilities. We are 

also proposing related changes in VA’s 

regulations affecting eligibility for such 

assistance for certain veterans’ children 

with birth defects in self-employment 

programs. In addition, we propose to 

amend our regulations regarding 

authority for approval of selfemployment plans to make certain 

requirements less restrictive and less 

burdensome, remove a vague and overly 

broad requirement, make changes to 

reflect longstanding VA policy, and 

make nonsubstantive clarifying changes 

in our regulations affecting selfemployment programs. 

DATES: Comments must be received on 

or before June 29, 2009. 

ADDRESSES: Written comments may be 

submitted through 

www.Regulations.gov; by mail or handdelivery to the Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AN31—Vocational Rehabilitation and 

Employment Program—SelfEmployment.’’ Copies of comments 

received will be available for public 

inspection in the Office of Regulation 

Policy and Management, Room 1063B, 

between the hours of 8:00 a.m. and 4:30 

p.m., Monday through Friday (except 

holidays). Please call (202) 461–4902 

(not a toll-free number) for an 

appointment. In addition, during the 

comment period, comments may be 

viewed online through the Federal 

Docket Management System (FDMS) at 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Alvin Bauman, Senior Policy Analyst, 

Vocational Rehabilitation and 

Employment Service (28), Veterans 

Benefits Administration, Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Washington, DC 20420, (202) 461– 

9613 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: We 

propose to amend VA’s regulations 

concerning self-employment in 38 CFR 

part 21 that are applicable to benefits 

and services under 38 U.S.C. chapter 31, 

Training and Rehabilitation for Veterans 

with Service-Connected Disabilities, 

and 38 U.S.C. chapter 18, Benefits for 

Children of Vietnam Veterans and 

Certain Other Veterans. 

The Veterans’ Benefits Act of 1996, 

Public Law 104–275 (enacted October 9, 

1996), amended 38 U.S.C. 3104(a)(12) 

regarding the special assistance and 

supplies that VA can provide for 

individuals pursuing self-employment 

programs. Prior to the enactment of 

Public Law 104–275, only ‘‘the most 

severely disabled’’ individuals who 

required self-employment were, under 

38 CFR 21.258, entitled to the special 

supplies, equipment, stock, and license 

fees described in 38 CFR 21.214(e). 

Public Law 104–275 amended 38 U.S.C. 

3104(a)(12) by restricting the provision 

of those special supplies, equipment, 

stock, and license fees to individuals 

‘‘with the most severe service-connected 

disabilities who require homebound 

training or self employment.’’ We plan 

to address issues concerning training in 

the home (also known as homebound 

training) under 38 U.S.C. 3104(a)(12) in 

a future rulemaking. This rulemaking, 

like current § 21.258, concerns 

individuals who require selfemployment, some of whom may also 

require homebound training. This 

proposed rule includes (in § 21.257 

rather than current § 21.258) criteria 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Proposed Rules 19165 

regarding providing such special 

supplies, equipment, stock, and license 

fees for individuals who require selfemployment. 

We also propose to revise and 

eliminate some of the provisions of 

§ 21.254 pertaining to a service-disabled 

veteran who has trained for selfemployment under a State rehabilitation 

agency. The proposed changes are 

intended to make the requirements 

under § 21.254 less restrictive and less 

burdensome. Specifically, we propose to 

eliminate the requirement in current 

§ 21.254 for certification by an official of 

the State rehabilitation agency with 

responsibility for administration of selfemployment programs that: 

• The veteran has successfully 

completed training for a selfemployment program; 

• The assistance needed is not 

available through the State 

rehabilitation program, or other non-VA 

sources; and 

• The assistance requested is a part of 

the veteran’s Individualized Written 

Rehabilitation Plan (IWRP) developed 

by the State rehabilitation agency. 

Instead, we propose to state the 

conditions under which an individual 

who has trained for self-employment 

under a State rehabilitation agency may 

be provided special supplies, 

equipment, stock, and license fees if 

there is a VA determination that the 

following criteria are met: 

• The individual is eligible for 

employment assistance under the 

provisions of 38 CFR 21.47. 

• Evidence of record indicates that 

the individual has successfully 

completed training for a selfemployment program under a State 

rehabilitation agency. 

• No other non-VA sources of 

assistance are known to be available for 

the individual to complete his or her 

self-employment program. 

• The individual is within the group 

of ‘‘individuals with the most severe 

service-connected disability(ies) who 

require self-employment’’ as defined in 

38 CFR 21.257(b). 

In addition, we propose to eliminate 

the requirement currently in § 21.254 

that, prior to authorization of any 

supplies, the Director, Vocational 

Rehabilitation and Education (VR&E) 

Service must approve the request if the 

cost of supplies is more than $2,500. 

We propose to amend the criteria for 

approval of self-employment as a 

vocational goal for an individual. 

Current § 21.257 provides that selfemployment is only available to an 

individual if access to the normal 

channels for suitable employment is 

limited by his or her disability(ies), or 

other circumstances in the individual’s 

situation warrant consideration of selfemployment. We believe the first of 

these criteria is excessively restrictive 

and that the second is vague and 

excessively broad. 

Self-employment as a mode of 

employment is authorized for all 

program participants for whom it is 

determined to be appropriate for 

achieving rehabilitation. However, 38 

U.S.C. 3104(a)(12), as amended, reserves 

the special assistance described in 

§ 21.214(e) for individuals with the most 

severe service-connected disability(ies) 

who require self-employment. 

Accordingly, we propose to revise 

§ 21.257 to remove the above-referenced 

restriction on authorizing selfemployment as a suitable vocational 

goal and limit consistent with the 

amendment to section 3104(a)(12) the 

self-employment special assistance 

under 38 CFR 21.214(e) to ‘‘individuals 

with the most severe service-connected 

disability(ies) who require selfemployment.’’ 

Proposed § 21.258 contains an 

approval requirement relating to the 

cost of the provision of special supplies, 

equipment, stock, and license fees for 

self-employment programs in 

accordance with 38 U.S.C. 3104(a)(12). 

Proposed § 21.258 would require that a 

self-employment plan be approved 

either at the level of the VR&E Officer 

or at the level of the Director, VR&E 

Service. If the estimated or actual cost 

is less than $25,000, the VR&E Officer 

could approve the plan. If the estimated 

or actual cost of such a plan is $25,000 

or more, approval by the Director, VR&E 

Service would be required. The 

provisions of § 21.258, as amended, 

would reflect existing VA policy. 

Many of the proposed amendments to 

38 CFR part 21, subpart A in this 

document applicable to veterans under 

the 38 U.S.C. chapter 31 program would 

be applicable to the vocational 

rehabilitation program under 38 U.S.C. 

chapter 18 regarding benefits for 

children of Vietnam veterans and 

certain other veterans (see 38 CFR part 

21, subpart M). In subpart M, 

§§ 21.8020, 21.8210, and 21.8380 

contain provisions concerning the 

applicability of the provisions of 

§§ 21.214, 21.254, 21.256, 21.257, 

21.258, and 21.430 in a manner 

comparable to their application for a 

veteran under the chapter 31 program. 

We propose to amend § 21.8020 to 

clarify how we would apply proposed 

§ 21.257 to the provision of services and 

assistance under subpart M in a manner 

that we consider to be comparable to its 

application for a veteran under the 38 

U.S.C. chapter 31 program. In lieu of 

requiring that the individuals covered 

under subpart M meet the definition in 

proposed § 21.257(b), the requirements 

for application of proposed 

§ 21.257(e)(1) and (2) would be deemed 

met for an individual in a selfemployment program if the individual 

has been determined by VA to have 

limitations affecting employability 

arising from the effects of the 

individual’s spina bifida or other 

covered birth defect(s), which are so 

severe as to necessitate selection of selfemployment as the only reasonably 

feasible vocational goal for the 

individual. We are proposing a related 

clarifying change in § 21.8020(d), 

intended to remove the possible 

implication that self-employment is not 

among the employment options for a 

participant’s program under subpart M. 

In addition to the amendments noted 

above, we also propose to reorganize 

§§ 21.257 and 21.258 to improve 

readability, and to make other clarifying 

changes that are nonsubstantive. 

Paperwork Reduction Act of 1995 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act (44 

U.S.C. 3501–3521). 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

year. This rule would have no such 

effect on State, local, and tribal 

governments, or on the private sector. 

Executive Order 12866 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity). The 

Executive Order classifies a regulatory 

action as a ‘‘significant regulatory 

action,’’ requiring review by the Office 

of Management and Budget (OMB) 

unless OMB waives such review, if it is 

a regulatory action that is likely to result 

in a rule that may: (1) Have an annual 

effect on the economy of $100 million 

or more or adversely affect in a material 

way the economy, a sector of the 

economy, productivity, competition, 

jobs, the environment, public health or 


sroberts on PROD1PC70 with PROPOSALS
19166 Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Proposed Rules 

safety, or State, local, or tribal 

governments or communities; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

The economic, interagency, 

budgetary, legal, and policy 

implications of this proposed rule have 

been examined and it has been 

determined not to be a significant 

regulatory action under Executive Order 

12866. 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this proposed rule would not have a 

significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. This 

proposed rule would not directly affect 

any small entities. Only individuals 

could be directly affected. Therefore, 

pursuant to 5 U.S.C. 605(b), this 

proposed rule is exempt from the initial 

and final regulatory flexibility analysis 

requirements of sections 603 and 604. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance numbers and titles for the 

programs that would be affected by this 

proposed rule are 64.116, Vocational 

Rehabilitation for Disabled Veterans, 

and 64.128, Vocational Training and 

Rehabilitation for Vietnam Veterans’ 

Children with Spina Bifida or Other 

Covered Defects. 

List of Subjects in 38 CFR Part 21 

Administrative practice and 

procedure, Armed forces, Civil rights, 

Claims, Colleges and universities, 

Conflict of interests, Education, 

Employment, Grant programs— 

education, Grant programs—veterans, 

Health care, Loan programs—education, 

Loan programs—veterans, Manpower 

training programs, Reporting and 

recordkeeping requirements, Schools, 

Travel and transportation expenses, 

Veterans, Vocational education, 

Vocational rehabilitation. 

Approved: April 15, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

For the reasons set forth in the 

preamble, VA proposes to amend 38 

CFR part 21 (subparts A and M) as 

follows: 

PART 21—VOCATIONAL 

REHABILITATION AND EDUCATION 

Subpart A—Vocational Rehabilitation 

and Employment Under 38 U.S.C. 

Chapter 31 

1. Revise the authority citation for 

part 21, subpart A to read as follows: 

Authority: 38 U.S.C. 501(a), chs. 18, 31, 

and as noted in specific sections. 

2. Revise the subpart A heading as set 

forth above. 

3. Amend § 21.214 by: 

a. In paragraph (e) introductory text, 

removing ‘‘services’’ and adding, in its 

place, ‘‘related assistance’’ and 

removing ‘‘§ 21.258’’ and adding, in its 

place, ‘‘§§ 21.257 and 21.258’’. 

b. In paragraph (e)(3), removing 

‘‘incidental services’’ and adding, in its 

place, ‘‘related assistance’’. 

c. Revising the authority citation for 

paragraph (e). 

The revision reads as follows: 

§ 21.214 Furnishing supplies for special 

programs. 

* * * * * 

(Authority: 38 U.S.C. 3104(a)(12)) 

* * * * * 

4. In § 21.254, revise paragraph (c) to 

read as follows: 

§ 21.254 Supportive services. 

* * * * * 

(c) Individuals with service-connected 

disability(ies) trained for selfemployment under a State 

rehabilitation agency. An individual 

with service-connected disability(ies) 

who has trained for self-employment 

under a State rehabilitation agency may 

be provided supplemental equipment 

and initial stocks and supplies similar 

to the materials supplied under 38 

U.S.C. chapter 31 to individuals with 

the most severe service-connected 

disability(ies) who require selfemployment as defined in § 21.257(b) if 

VA determines that the following 

conditions are met: 

(1) The individual is eligible for 

employment assistance under the 

provisions of § 21.47; 

(2) Evidence of record indicates that 

the individual has successfully 

completed training for a selfemployment program under a State 

rehabilitation agency; 

(3) No other non-VA sources of 

assistance are known to be available for 

the individual to complete his or her 

self-employment program; and 

(4) The individual meets the 

requirements of the definition in 

§ 21.257(b). 

(Authority: 38 U.S.C. 3104, 3117(b)(2)) 

5. Revise § 21.257 to read as follows: 

§ 21.257 Self-employment. 

(a) Approval of self-employment as a 

vocational goal. A program of vocational 

rehabilitation benefits and services may 

include self-employment for an 

individual if VA determines that such 

an objective is a suitable vocational 

goal. VA will make this determination 

based on— 

(1) The results of the individual’s 

initial evaluation conducted in 

accordance with the provisions of 

§ 21.50; and 

(2) The provisions of this section. 

(Authority: 38 U.S.C. 3104(a)) 

(b) Definition. For purposes of this 

subpart, individuals with the most 

severe service-connected disability(ies) 

who require self-employment means 

individuals who have been determined 

by VA to have limitations affecting 

employability arising from the effects of 

each individual’s service-connected 

disability(ies), which are so severe as to 

necessitate selection of self-employment 

as the only reasonably feasible 

vocational goal for the individuals. 

(Authority: 38 U.S.C. 3104) 

(c) Scope of self-employment benefits 

and services. 

(1) VA may provide the selfemployment services listed in paragraph 

(d) of this section to program 

participants who are pursuing the 

vocational goal of self-employment. 

(2) VA may provide the more 

extensive services listed in paragraph (e) 

of this section to individuals with the 

most severe service-connected 

disability(ies) who require selfemployment. 

(Authority: 38 U.S.C. 3104(a)) 

(d) Assistance for other individuals in 

self-employment. Subject to the 

provisions of § 21.258, VA may provide 

the following assistance to any 

individual for whom self-employment is 

determined to be a suitable vocational 

goal— 

(1) Vocational training; 

(2) Incidental training in the 

management of a business; 

(3) License or other fees required for 

self-employment; 

(4) Necessary tools and supplies for 

the occupation; and 

(5) Services described in § 21.252. 

(Authority: 38 U.S.C. 3104(a)) 

(e) Special self-employment services 

for individuals with the most severe 

service-connected disability(ies) who 

require self-employment. Individuals 

described in paragraph (b) of this 

section who are in a self-employment 

program may receive— 


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Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Proposed Rules 19167 

(1) The services described in 

paragraph (d) of this section; and 

(2) The assistance described in 

§ 21.214. 

(Authority: 38 U.S.C. 3104, 3116, 3117) 

(f) Feasibility analysis of a proposed 

self-employment business plan. VA will 

conduct a comprehensive review and 

analysis of the feasibility of a proposed 

business plan, as submitted by the 

individual or developed with VA’s 

assistance, prior to authorizing a 

rehabilitation plan leading to selfemployment (a ‘‘self-employment 

plan’’). The feasibility analysis must 

include— 

(1) An analysis of the economic 

viability of the proposed business; 

(2) A cost analysis specifying the 

amount and types of assistance that VA 

will provide; 

(3) A market analysis for the 

individual’s proposed services or 

products; 

(4) Availability of financing from nonVA sources, including the individual’s 

personal resources, local banks, and 

other sources; 

(5) Evidence of coordination with the 

Small Business Administration to 

secure special consideration under 

section 8 of the Small Business Act, as 

amended; 

(6) The location of the site for the 

proposed business and the cost of the 

site, if any; and 

(7) A training plan to operate a 

successful business. 

(Authority: 38 U.S.C. 3104) 

6. Section 21.258 is revised to read as 

follows: 

§ 21.258 Cost limitations on approval of 

self-employment plans. 

A self-employment plan with an 

estimated or actual cost of less than 

$25,000 may be approved by the VR&E 

Officer with jurisdiction. Any selfemployment plan with an estimated or 

actual cost of $25,000 or more must be 

approved by the Director, VR&E Service. 

(Authority: 38 U.S.C. 3104) 

Subpart M—Vocational Training and 

Rehabilitation for Certain Children of 

Veterans—Spina Bifida and Covered 

Birth Defects 

7. The authority citation for part 21, 

subpart M continues to read as follows: 

Authority: 38 U.S.C. 101, 501, 512, 1151 

note, ch. 18, 5112, and as noted in specific 

sections. 

8. Amend § 21.8020 by: 

a. Revising paragraph (b). 

b. In paragraph (d), removing ‘‘obtains 

a suitable job’’ and adding, in its place, 

‘‘becomes suitably employed’’. 

The revision reads as follows: 

§ 21.8020 Entitlement to vocational 

training and employment assistance. 

* * * * * 

(b) Services and assistance. An 

eligible child may receive the services 

and assistance described in § 21.8050(a). 

(1) The following sections in subpart 

A of this part apply to the provision of 

these services and assistance in a 

manner comparable to their application 

for a veteran under the 38 U.S.C. 

chapter 31 program: 

(i) Section 21.250(a) and (b)(2); 

(ii) Section 21.252; 

(iii) Section 21.254; 

(iv) Section 21.256 (not including 

paragraph (e)(2)); 

(v) Section 21.257; and 

(vi) Section 21.258. 

(2) For purposes of this subpart, the 

requirements for application of 

§ 21.257(e)(1) and (2) are deemed met 

for an individual in a self-employment 

program regardless of whether the 

individual is described in § 21.257(b), if 

the individual has been determined by 

VA to have limitations affecting 

employability arising from the effects of 

the individual’s spina bifida and/or 

other covered birth defect(s) which are 

so severe as to necessitate selection of 

self-employment as the only reasonably 

feasible vocational goal for the 

individual. 

(Authority: 38 U.S.C. 1804, 1814) 

* * * * * 

[FR Doc. E9–9591 Filed 4–27–09; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R6–ES–2007–0014; 92210–1117– 

0000–FY08–B4] 

RIN 1018–AT79 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for the Salt Creek Tiger Beetle 

(Cicindela nevadica lincolniana) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Revised proposed rule; 

reopening of comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the comment period on the 

proposed rule (72 FR 70715, December 

12, 2007) to designate critical habitat for 

the Salt Creek tiger beetle (Cicindela 

nevadica lincolniana) under the 

Endangered Species Act of 1973, as 

amended (Act). In this document, we 

are proposing to add a total of 138 acres 

(ac) (56 hectares (ha)) of critical habitat 

to three of the four previously proposed 

units. As a result, our proposed revised 

critical habitat designation for the 

species now includes four critical 

habitat units totaling approximately 

1,933 ac (782 ha). 

The reopened comment period will 

provide the interested parties with an 

opportunity to submit written 

comments on our proposal to add 138 

ac (56 ha), determined to be occupied 

and essential to the Salt Creek tiger 

beetle, to the 1,795 ac (726 ha) proposed 

as critical habitat on December 12, 2007. 

Comments previously submitted for the 

proposed critical habitat designation 

need not be resubmitted; they have 

already been incorporated into the 

public record and will be fully 

considered in any final decision. 

DATES: We will consider comments 

received on or before May 28, 2009. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R6– 

ES–2007–0014; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will not accept e-mail or faxes. We 

will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: June 

DeWeese, Field Supervisor, Nebraska 

Ecological Services Field Office, Federal 

Building, Second Floor, 203 West 

Second Street, Grand Island, NE 68801; 

telephone (308) 382–6468. If you use a 

telecommunications device for the deaf 

(TDD), call the Federal Information 

Relay Service (FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Public Comments 

We intend that any final action 

resulting from the proposed rule will be 

as accurate and as effective as possible. 

Therefore, we request comments or 

information during this reopened 

comment period on the proposed 

critical habitat designation published in 

the Federal Register on December 12, 

2007 (72 FR 70715), the draft economic 

analysis, and draft environmental 

assessment that were announced in that 

rule and available to the public at 


sroberts on PROD1PC70 with PROPOSALS