Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 54335 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

RIN 1018–AU32 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for the Rota Bridled White-Eye 

(Zosterops rotensis) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

designate critical habitat for the Rota 

bridled white-eye (Zosterops rotensis) 

pursuant to the Endangered Species Act 

of 1973, as amended (Act). In total, 

approximately 3,958 acres (ac) (1,602 

hectares (ha)) fall within the boundaries 

of the proposed critical habitat 

designation on the island of Rota, 

Commonwealth of the Northern Mariana 

Islands (CNMI). 

DATES: We will consider comments from 

all interested parties received by 

November 14, 2005. We must receive 

requests for public hearings, in writing, 

at the address shown in the ADDRESSES

section by October 31, 2005. 

ADDRESSES: If you wish to comment, 

you may submit your comments and 

materials concerning this proposal by 

any one of the following methods: 

1. You may submit comments and 

information on this proposed rule to 

Patrick Leonard, Field Supervisor, 

Pacific Islands Fish and Wildlife Office 

(PIFWO), U.S. Fish and Wildlife 

Service, 300 Ala Moana Boulevard, 

Room 3–122, Box 50088, Honolulu, HI 

96850. 

2. You may hand-deliver written 

comments and information to our 

PIFWO at the address given above. 

3. You may send comments by 

electronic mail (e-mail) to 

RBWE_CritHab@fws.gov. For directions 

on how to submit electronic filing of 

comments, see the ‘‘Public Comments 

Solicited’’ section. 

4. You may fax your comments to 

808/792–9581. 

All comments and materials received, 

as well as supporting documentation 

used in preparation of this proposed 

rule, will be available for public 

inspection, by appointment, during 

normal business hours at our PIFWO at 

the above address. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Leonard, Field Supervisor, 

PIFWO, at the above address (telephone: 

808/792–9400; facsimile: 808/792–

9581). 

SUPPLEMENTARY INFORMATION: 

Public Comments Solicited 

We intend that any final action 

resulting from this proposal be as 

accurate and as effective as possible. 

Therefore, comments or suggestions 

from the public, other concerned 

governmental agencies, the scientific 

community, industry, or any other 

interested party concerning this 

proposed rule are hereby solicited. 

Comments are particularly sought 

concerning: 

(1) The reasons any habitat should or 

should not be determined to be critical 

habitat as provided by section 4 of the 

Act, including whether the benefit of 

designation will outweigh any threats to 

the species due to designation; 

(2) Specific information on the 

amount and distribution of Rota bridled 

white-eye habitat, and what features are 

essential to the conservation of the 

species and why; 

(3) Land use designations and current 

or planned activities in the subject areas 

and their possible impacts on proposed 

critical habitat; 

(4) Any foreseeable economic, 

national security, or other potential 

impacts resulting from the proposed 

designation and, in particular, any 

impacts on small entities; and 

(5) Whether our approach to 

designating critical habitat could be 

improved or modified in any way to 

provide for greater public participation 

and understanding, or to assist us in 

accommodating public concerns and 

comments. 

If you wish to comment, you may 

submit your comments and materials 

concerning this proposal by any one of 

several methods (see ADDRESSES

section). Please submit Internet 

comments to RBWE_CritHab@fws.gov in 

ASCII file format and avoid the use of 

special characters or any form of 

encryption. Please also include ‘‘Attn: 

Rota bridled white-eye’’ in your e-mail 

subject header and your name and 

return address in the body of your 

message. If you do not receive a 

confirmation from the system that we 

have received your Internet message, 

contact us directly by calling our 

PIFWO at 808/792–9400. Please note 

that the Internet address 

RBWE_CritHab@fws.gov will be closed 

at the termination of the public 

comment period. 

Our practice is to make comments, 

including names and home addresses of 

respondents, available for public review 

during regular business hours. 

Individual respondents may request that 

we withhold their home addresses from 

the rulemaking record, which we will 

honor to the extent allowable by law. 

There also may be circumstances in 

which we would withhold from the 

rulemaking record a respondent’s 

identity, as allowable by law. If you 

wish us to withhold your name and/or 

address, you must state this 

prominently at the beginning of your 

comment. However, we will not 

consider anonymous comments. We 

will make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

Comments and materials received will 

be available for public inspection, by 

appointment, during normal business 

hours at the above address. 

Designation of Critical Habitat Provides 

Little Additional Protection to Species 

In 30 years of implementing the Act, 

the Service has found that the 

designation of statutory critical habitat 

provides little additional protection to 

most listed species, while consuming 

significant amounts of available 

conservation resources. The Service’s 

present system for designating critical 

habitat has evolved since its original 

statutory prescription into a process that 

provides little real conservation benefit, 

is driven by litigation and the courts 

rather than biology, limits our ability to 

fully evaluate the science involved, 

consumes enormous agency resources, 

and imposes huge social and economic 

costs. The Service believes that 

additional agency discretion would 

allow our focus to return to those 

actions that provide the greatest benefit 

to the species most in need of 

protection. 

Role of Critical Habitat in Actual 

Practice of Administering and 

Implementing the Act 

While attention to and protection of 

habitat is paramount to successful 

conservation actions, we have 

consistently found that in most 

circumstances, the designation of 

critical habitat is of little additional 

value for most listed species, yet it 

consumes large amounts of conservation 

resources. Sidle (1987) stated, ‘‘Because 

the Act can protect species with and 

without critical habitat designation, 

critical habitat designation may be 

redundant to the other consultation 

requirements of section 7.’’ Currently, 

only 473 species, or 37 percent of the 

1,264 listed species in the U.S. under 

the jurisdiction of the Service, have 

designated critical habitat. 

We address the habitat needs of all 

1,264 listed species through 

54336 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 

conservation mechanisms such as 

listing, section 7 consultations, the 

Section 4 recovery planning process, the 

Section 9 protective prohibitions of 

unauthorized take, Section 6 funding to 

the States, and the Section 10 incidental 

take permit process. The Service 

believes that it is these measures that 

may make the difference between 

extinction and survival for many 

species. 

We note, however, that two courts 

found our definition of adverse 

modification to be invalid (March 15, 

2001, decision of the United States 

Court Appeals for the Fifth Circuit, 

Sierra Club v. U.S. Fish and Wildlife 

Service et al., F.3d 434, and the August 

6, 2004, Ninth Circuit judicial opinion, 

Gifford Pinchot Task Force v. United 

States Fish and Wildlife Service). In 

response to these decisions, we are 

reviewing the regulatory definition of 

adverse modification in relation to the 

conservation of the species. 

Procedural and Resource Difficulties in 

Designating Critical Habitat 

We have been inundated with 

lawsuits for our failure to designate 

critical habitat, and we face a growing 

number of lawsuits challenging critical 

habitat determinations once they are 

made. These lawsuits have subjected the 

Service to an ever-increasing series of 

court orders and court-approved 

settlement agreements, compliance with 

which now consumes nearly the entire 

listing program budget. This leaves the 

Service with little ability to prioritize its 

activities to direct scarce listing 

resources to the listing program actions 

with the most biologically urgent 

species conservation needs. 

The consequence of the critical 

habitat litigation activity is that limited 

listing funds are used to defend active 

lawsuits, to respond to Notices of Intent 

(NOIs) to sue relative to critical habitat, 

and to comply with the growing number 

of adverse court orders. As a result, 

listing petition responses, the Service’s 

own proposals to list critically 

imperiled species, and final listing 

determinations on existing proposals are 

all significantly delayed. 

The accelerated schedules of courtordered designations have left the 

Service with almost no ability to 

provide for adequate public 

participation or to ensure a defect-free 

rulemaking process before making 

decisions on listing and critical habitat 

proposals due to the risks associated 

with noncompliance with judicially 

imposed deadlines. This in turn fosters 

a second round of litigation in which 

those who fear adverse impacts from 

critical habitat designations challenge 

those designations. The cycle of 

litigation appears endless, is very 

expensive, and in the final analysis 

provides relatively little additional 

protection to listed species. 

The costs resulting from the 

designation include legal costs, the cost 

of preparation and publication of the 

designation, the analysis of the 

economic effects and the cost of 

requesting and responding to public 

comment, and in some cases the costs 

of compliance with the National 

Environmental Policy Act (NEPA). None 

of these costs result in any benefit to the 

species that is not already afforded by 

the protections of the Act enumerated 

earlier, and they directly reduce the 

funds available for direct and tangible 

conservation actions. 

Background 

It is our intent to discuss only those 

topics directly relevant to the 

designation of critical habitat in this 

proposed rule. For more information on 

the Rota bridled white-eye, refer to the 

final listing rule published in the 

Federal Register on January 22, 2004 

(69 FR 3022). 

Previous Federal Action 

We published the final rule to list the 

Rota bridled white-eye as endangered in 

the Federal Register on January 22, 

2004 (69 FR 3022). This listing was 

based on a variety of factors including 

habitat loss and degradation, avian 

disease, introduced predators, and 

pesticides. A final recovery plan for this 

species has not yet been completed. 

However, a recovery plan is being 

drafted, and a recovery outline was 

completed and signed by the Regional 

Director on October 25, 2004 (Service 

2004). 

At the time of listing, we concluded 

that designating critical habitat for the 

Rota bridled white-eye was prudent and 

that we would publish a proposed rule 

in accordance with other priority listing 

actions when funding became available. 

On May 20, 2004, a lawsuit was filed 

against the Department of Interior (DOI) 

and the Service by the Center for 

Biological Diversity challenging our 

failure to propose critical habitat for the 

Rota bridled white-eye. On September 

14, 2004, a stipulated settlement 

agreement was filed in the U.S. District 

Court for Hawaii (Center for Biological 

Diversity v. Norton, Case No. C–04–

00326 SPK LEK) stating that the Service 

will submit for publication in the 

Federal Register a proposed critical 

habitat designation for the Rota bridled 

white-eye no later than September 7, 

2005, and a final critical habitat 

designation no later than September 7, 

2006. Between March 10 and 15, 2005, 

the Service met with resource managers 

on Rota and Saipan to obtain additional 

information on management activities 

and suitability of certain habitat areas 

for the Rota bridled white-eye. For more 

information on previous Federal 

actions, see the final listing rule 

(January 22, 2004; 69 FR 3022). 

Critical Habitat 

Critical habitat is defined in section 3 

of the Act as—(i) The specific areas 

within the geographic area occupied by 

a species, at the time it is listed in 

accordance with the Act, on which are 

found those physical or biological 

features (I) essential to the conservation 

of the species and (II) that may require 

special management considerations or 

protection; and (ii) specific areas 

outside the geographic area occupied by 

a species at the time it is listed, upon 

a determination that such areas are 

essential for the conservation of the 

species. ‘‘Conservation’’ means the use 

of all methods and procedures that are 

necessary to bring an endangered or a 

threatened species to the point at which 

listing under the Act is no longer 

necessary. 

Critical habitat receives protection 

under section 7 of the Act through the 

prohibition against destruction or 

adverse modification of critical habitat 

with regard to actions carried out, 

funded, or authorized by a Federal 

agency. Section 7 requires consultation 

on Federal actions that are likely to 

result in the destruction or adverse 

modification of critical habitat. The 

designation of critical habitat does not 

affect land ownership or establish a 

refuge, wilderness, reserve, preserve, or 

other conservation area. Such 

designation does not allow government 

or public access to private lands. 

To be included in a critical habitat 

designation, the habitat within the area 

occupied by the species must first have 

features that are ‘‘essential to the 

conservation of the species.’’ Critical 

habitat designations identify, to the 

extent known using the best scientific 

and commercial data available, habitat 

areas that provide essential life cycle 

needs of the species (i.e., areas on which 

are found the primary constituent 

elements, as defined at 50 CFR 

424.12(b)). 

Habitat occupied at the time of listing 

may be included in critical habitat only 

if the essential features thereon may 

require special management or 

protection. Thus, we do not include 

areas where existing management is 

sufficient to conserve the species. (As 

discussed below, such areas may also be 

excluded from critical habitat pursuant 

Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 54337 

to section 4(b)(2).) Accordingly, when 

the best available scientific and 

commercial data do not demonstrate 

that the conservation needs of the 

species so require, we will not designate 

critical habitat in areas outside the 

geographic area occupied by the species 

at the time of listing. An area currently 

occupied by the species but was not 

known to be occupied at the time of 

listing will likely be essential to the 

conservation of the species, and 

therefore, included in the critical habitat 

designation. 

The Service’s Policy on Information 

Standards Under the Endangered 

Species Act, published in the Federal 

Register on July 1, 1994 (59 FR 34271), 

and Section 515 of the Treasury and 

General Government Appropriations 

Act for Fiscal Year 2001 (Pub. L. 106–

554; H.R. 5658) and the associated 

Information Quality Guidelines issued 

by the Service, provide criteria, 

establish procedures, and provide 

guidance to ensure that decisions made 

by the Service represent the best 

scientific and commercial data 

available. They require Service 

biologists to the extent consistent with 

the Act and with the use of the best 

scientific and commercial data 

available, to use primary and original 

sources of information as the basis for 

recommendations to designate critical 

habitat. When determining which areas 

are critical habitat, a primary source of 

information is generally the listing 

package for the species. Additional 

information sources include the 

recovery plan for the species, articles in 

peer-reviewed journals, conservation 

plans developed by the Commonwealth 

and local government, scientific status 

surveys and studies, biological 

assessments, or other unpublished 

materials and expert opinion or 

personal knowledge. All information is 

used in accordance with the provisions 

of Section 515 of the Treasury and 

General Government Appropriations 

Act for Fiscal Year 2001 (Pub. L. 106–

554; H.R. 5658) and the associated 

Information Quality Guidelines issued 

by the Service. 

Section 4 of the Act requires that we 

designate critical habitat on the basis of 

what we know at the time of 

designation. Habitat is often dynamic, 

and species may move from one area to 

another over time. Furthermore, we 

recognize that designation of critical 

habitat may not include all of the 

habitat areas that may eventually be 

determined to be necessary for the 

recovery of the species. For these 

reasons, critical habitat designations do 

not signal that habitat outside the 

designation is unimportant or may not 

be required for recovery. 

Areas that support populations, but 

are outside the critical habitat 

designation, will continue to be subject 

to conservation actions implemented 

under section 7(a)(1) of the Act and to 

the regulatory protections afforded by 

the section 7(a)(2) jeopardy standard, as 

determined on the basis of the best 

available information at the time of the 

action. Federally funded or permitted 

projects affecting listed species outside 

their designated critical habitat areas 

may still result in jeopardy findings in 

some cases. Similarly, critical habitat 

designations made on the basis of the 

best available information at the time of 

designation will not control the 

direction and substance of future 

recovery plans, habitat conservation 

plans, or other species conservation 

planning efforts if new information 

available to these planning efforts calls 

for a different outcome. 

Methods 

As required by section 4(b)(1)(A) of 

the Act, we use the best scientific and 

commercial data available in 

determining areas that are essential to 

the conservation of the Rota bridled 

white-eye. We have also reviewed 

available information that pertains to 

the habitat requirements of the species. 

This information included: peerreviewed scientific publications (e.g., 

Craig and Taisacan 1994; Fancy and 

Snetsinger 2001; Amidon et al. 2004); 

the final listing rule (January 22, 2004; 

69 FR 3022); unpublished reports by the 

CNMI Division of Fish and Wildlife 

(DFW) and Service (Engbring et al. 

1986; Engbring 1987; Reichel and Glass 

1988; Engbring 1989); aerial 

photographs and satellite imagery of 

Rota; personal communications with 

scientists and resource managers 

familiar with the species and habitats; 

and information obtained during 

meetings with CNMI officials. Specific 

information we used from these sources 

includes estimates of historical and 

current distribution and abundance, as 

well as data on resource and habitat 

requirements. We also considered 

possible recovery objectives and 

assessments of habitat necessary to meet 

these objectives. 

Primary Constituent Elements 

In accordance with section 3(5)(A)(i) 

of the Act and regulations at 50 CFR 

424.12, in determining which areas to 

propose as critical habitat, we are 

required to base critical habitat 

determinations on the best scientific 

and commercial data available and to 

consider those physical and biological 

features (primary constituent elements 

(PCEs)) that are essential to the 

conservation of the species, and that 

may require special management 

considerations and protection. These 

include, but are not limited to: space for 

individual and population growth and 

for normal behavior; food, water, air, 

light, minerals, or other nutritional or 

physiological requirements; cover or 

shelter; sites for breeding, reproduction, 

and rearing (or development) of 

offspring; and habitats that are protected 

from disturbance or are representative of 

the historical geographical and 

ecological distributions of a species. 

Since the first islandwide forest bird 

survey in 1982, Rota bridled white-eyes 

have been recorded primarily above 490 

feet (ft) (150 meters (m)) elevation in the 

Sabana region, the large plateau located 

in the south-central portion of Rota 

(Engbring et al. 1986; Engbring 1987; 

Engbring 1989; Amidon 2000; Fancy 

and Snetsinger 2001; USFWS unpubl. 

data). Sightings of Rota bridled whiteeyes have been recorded in limestone 

forest (i.e., native forest growing on a 

limestone substrate), introduced Acacia 

confusa (sosugi) forest, introduced 

Leucaena leucocephala (tangantangan) 

forest, and secondary vegetation (Craig 

and Taisacan 1994; Amidon 2000; 

Fancy and Snetsinger 2001; Amidon 

unpubl. data). However, the majority of 

the Rota bridled white-eye sightings 

have been recorded in limestone forest. 

For example, of the survey stations 

where Rota bridled white-eyes were 

detected in 1982 (n = 44 stations) 

(Engbring et al. 1986) and 1987 (n = 24) 

(Engbring 1987), 89 percent (n = 39) of 

the stations in 1982 and 79 percent (n 

= 19) of the stations in 1987 were 

classified as limestone forest within 160 

ft (50 m) of the survey station by 

Falanruw et al. (1989). Of the remaining 

stations with Rota bridled white-eye 

detections in 1982, 8 percent (n = 4) 

were in areas with mixed vegetation 

types that included some limestone 

forest and 2 percent (n = 1) were in 

forest other habitat types (e.g., Cocos 

nucifera (coconut palm) plantation and 

secondary vegetation). Of the remaining 

stations with Rota bridled white-eye 

detections in 1987, 21 percent (n = 5) 

were in areas with mixed vegetation 

types that included some limestone 

forest. Further, of the stations with Rota 

bridled white-eye detections in 

limestone forest in 1982 (n = 39) and 

1987 (n = 19), over 60 percent of the 

areas were dominated by mature 

limestone forest with large diameter 

trees (> 30 centimeters [cm] diameter at 

breast height [dbh]; > 12 inches [in] 

dbh), high density, and over 70 percent 

54338 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 

canopy cover (Falanruw et al. 1989). A 

similar pattern observed during the 

1996 survey by Fancy and Snetsinger 

(2001) was that 73 percent of the whiteeye locations (n = 62) were recorded in 

areas classified as mature limestone 

forest by Falanruw et al. (1989). 

In 1998 and 1999, Rota bridled whiteeye abundance and habitat relationships 

were assessed within their current range 

and across the Sabana region as part of 

a two-year study by Amidon (2000). 

Forested areas with high densities of 

Rota bridled white-eyes ( ≥2 white-eyes 

per ha) had relatively high epiphytic 

plant volumes (approximately 11 

percent versus 5 percent in lowerdensity areas), such as Asplenium nidus 

and Davallia solida, and were primarily 

composed of Elaeocarpus joga (yoga), 

Hernandia labyrinthica (oschal), 

Merrilliodendron megacarpum (faniok), 

Pandanus tectorius (kafu), and Premna 

obtusifolia (ahgao) trees. Other tree 

species that were regularly recorded in 

Rota bridled white-eye high density 

areas include Aglaia mariannensis 

(mapunyao), Artocarpus atilis (lemai), 

Ficus prolixa (nunu), F. tinctoria 

(hodda), Guettarda speciosa (panao), 

Macaranga thompsonii (pengua), and 

Pisonia umbellifera. Within the Rota 

bridled white-eye’s range, white-eyes 

were found to be more abundant in 

areas with higher densities of yoga and 

were also positively correlated with the 

abundance of faniok. In addition, whiteeyes were found to be more abundant 

across the Sabana in areas with high 

densities of oschal and where 

groundcover species of Elatostema and 

Procris spp. were present. 

Rota bridled white-eyes primarily 

feed on insects, which are typically 

gleaned from the leaves and branches of 

trees in the forest canopy (Craig and 

Taisacan 1994; Amidon 2000). Of 97 

systematically recorded observations of 

Rota bridled white-eyes foraging, the 

majority of observations were reported 

in yoga (34 percent), oschal (13 percent), 

pengua (10 percent), faniok (9 percent), 

and ahgao (9 percent) trees (Amidon 

2000; F. Amidon, unpubl. data). 

However, Rota bridled white-eye were 

also recorded foraging in Pipturus 

argenteus (amahadyan), Persea 

americana (avocado), panao, hodda, 

sosugi, mapunyao, Eugenia thompsonii 

(atoto), nunu, Tarenna sambucina 

(sumac-lada), and Tristiropsis 

obtusangula trees and Bambusa vulgaris 

(piao) (F. Amidon, unpubl. data). Of 

these species, only sosugi, avocado, and 

piao are not native to the island of Rota 

(Raulerson and Rinehart 1991). In 

addition, two of these species, oschal 

and faniok, are found only on Rota in 

the Sabana region (Amidon 2000). Rota 

bridled white-eyes have also been 

observed foraging on the fruits of 

amahadyan and pengua trees and 

probing the flowers, presumably to feed 

on nectar of yoga, oschal, pengua, 

avocado, ahgao, and atoto trees (F. 

Amidon, unpubl. data). 

Rota bridled white-eyes have been 

reported nesting in oschal (n = 7 nests), 

yoga (n = 7), faniok (n = 5), and sosugi 

(n = 3) between 1,050 and 1,509 ft (320 

and 460 m) elevation (Lusk and 

Taisacan 1997; Amidon et al. 2004; F. 

Amidon, unpubl. data). Pratt (1985) also 

reported finding a nest in a Hernandia 

sp. tree (presumably oschal based on the 

location where the nest was found). 

Nest heights above the ground for 23 

nests ranged from 9 to 43 ft (3 to 13 m) 

with an average height of 26 ft (8 m) 

(Pratt 1985; Lusk and Taisacan 1997; 

Amidon et al. 2004). The height of 18 

nest trees ranged from 9 to 49 ft (3 to 

15 m) with an average height of 33 ft (10 

m) and the mean diameter at breast 

height (dbh) for 19 nest trees ranged 

from 1 to 20 in (2 to 50 cm) with an 

average diameter of 11 in (28 cm) (Pratt 

1985; Lusk and Taisacan 1997; and 

Amidon et al. 2004). The majority of the 

nests (87 percent, n = 20 nests) were 

found in areas classified as limestone 

forest (Falanruw et al. 1989). However, 

nesting was also recorded in sosugi 

forest, which is dominated by sosugi 

trees and is found on volcanic soils in 

the Sabana region. This forest type has 

a very limited distribution and 

encompasses approximately 42 ac (17 

ha) of the Sabana region. 

Based on our current knowledge of 

the life history, biology, and ecology of 

the species, we have determined that 

the primary constituent elements 

required by the Rota bridled white-eye 

for the biological needs of foraging, 

sheltering, roosting, nesting, and rearing 

of young are: 

(1) Forest above 490 ft (150 m) in 

elevation containing a midstory and 

canopy layer, high epiphytic plant 

volume (typically 11 percent), 

Elatostema and Procris spp. on the 

ground, and yoga, oschal, faniok, kafu, 

and/or ahgao trees as dominant forest 

components for foraging, sheltering, 

roosting, nesting, and/or rearing of 

young. In addition, the habitat should 

contain the specific forest components 

for foraging or nesting or both, as 

follows: 

(a) Yoga, oschal, faniok, pengua, 

ahgao, amahadyan, avocado, hodda, 

mapunyao, atoto, sosugi, and/or sumaclada trees, and/or piao, in the canopy or 

subcanopy for foraging; and 

(b) Yoga, oschal, faniok, and/or sosugi 

trees 10 to 49 ft (3 to 15 m) tall and 1 

to 24 in (2 to 60 cm) dbh for nesting. 

Criteria Used To Identify Critical 

Habitat 

We considered several factors in 

identifying and selecting lands 

proposed for designation as critical 

habitat for the Rota bridled white-eye. 

First, we assessed the possible recovery 

goals for the species to help determine 

the amount of habitat needed to 

conserve the species. The recovery 

considerations are based on minimum 

viable population information from 

Reed et al. (2003). Reed et al. (2003) 

reviewed minimum viable population 

sizes for 102 vertebrate species, 

including one white-eye species, and 

estimated that 7,000 breeding adults had 

a 99 percent likelihood of persisting for 

40 generations. We then used data on 

Japanese white-eyes (Zosterops 

japonicus) (van Riper 2000) and 

silvereyes (Zosterops lateralis) (Kikkawa 

and Wilson 1983; Catterall et al. 1989) 

to apply Reed et al.’s findings to the 

Rota bridled white-eye. We used the 

data on these two more closely related 

white-eye species because similar 

population parameter estimates are not 

available for the Rota bridled white-eye. 

Based on the information, a potential 

benchmark for recovery of this species 

would be a single population of at least 

16,000 Rota bridled white-eyes on the 

island of Rota (Kikkawa and Wilson 

1983; Catterall et al. 1989; van Riper 

2000; Reed et al. 2003; USFWS in 

prep.). To determine the approximate 

quantity of habitat that would be 

occupied by a population of this size, 

we reviewed Rota bridled white-eye 

density estimates from 1996 (Fancy and 

Snetsinger 2001) and 1999 (Amidon 

2000) surveys. 

The maximum Rota bridled white-eye 

densities recorded by Fancy and 

Snetsinger (2001) in 1996, and Amidon 

(2000) in 1999, were approximately 3 

and 4 white-eyes per ac (7 and 10 whiteeyes per ha), respectively. The higher 

Rota bridled white-eye densities 

reported by Amidon (2000) are likely a 

result of differing survey methods and 

not an increase in Rota bridled whiteeye densities over the years. The Fancy 

and Snetsinger (2001) estimates were 

based on a single set of surveys in the 

Rota bridled white-eye’s range involving 

area searches. The Amidon (2000) 

estimates were based on multiple point 

count surveys conducted in 1998 and 

1999. 

Based on these density estimates, we 

believe that 4 white-eyes per ac (10 

white-eyes per ha) is a conservative 

estimate of the number of Rota bridled 

white-eyes a forested area could support 

if the threats to the species were 

controlled. Utilizing this density 

Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 54339 

estimate, we then divided the 

population recovery benchmark (16,000 

Rota bridled white-eyes) (Kikkawa and 

Wilson 1983; Catterall et al. 1989; van 

Riper 2000; Reed et al. 2003; USFWS, in 

prep.) by 4 birds per ac (10 birds per ha) 

and estimated that approximately 4,000 

ac (1,600 ha) of forest would be needed 

to conserve the Rota bridled white-eye. 

This was then used as a guideline for 

selecting approximately how much 

habitat was essential to the Rota bridled 

white-eye for the proposed designation. 

When selecting areas for proposed 

designation, we first selected all of the 

forested areas (approximately 638 ac 

(258 ha)) that contained high densities 

of Rota bridled white-eyes in 1996 

(Fancy and Snetsinger 2001) and 1999 

(Amidon 2000). These areas are 

primarily limestone forest or introduced 

forest with sosugi trees or piao. We then 

selected low density areas that had large 

numbers of white-eyes in 1982, 1987, 

1989, and 1994, and large tracts of 

mature limestone forest identified by 

Falanruw et al. (1989). These areas were 

prioritized because they contain the 

primary constituent elements needed by 

the species and have supported larger 

white-eye populations. When defining 

proposed critical habitat boundaries, we 

avoided areas not known to contain 

primary constituent elements essential 

for Rota bridled white-eye conservation, 

such as agricultural lands and other 

developed lands. 

We are proposing to designate critical 

habitat on lands that contain the 

features that are essential to the 

conservation of the Rota bridled whiteeye. As such, these areas have the 

primary constituent elements described 

above and were considered to be 

occupied at the time the species was 

listed (69 FR 3022; January 22, 2004) 

(Fancy and Snetsinger 2001). A brief 

discussion of each area proposed as 

critical habitat is provided in the unit 

descriptions below. 

Special Management Considerations or 

Protections 

When designating critical habitat, we 

assess whether the features essential for 

conservation may require special 

management considerations or 

protections. As we undertake the 

process of designating critical habitat for 

a species, we first evaluate lands 

defined by those physical and biological 

features essential to the conservation of 

the species for inclusion in the 

designation pursuant to section 3(5)(A) 

of the Act. Secondly, we evaluate lands 

defined by those features to assess 

whether they may require special 

management considerations or 

protection. 

As stated in the final listing rule (69 

FR 3022; January 22, 2004), the primary 

threats to the Rota bridled white-eye are 

habitat loss and degradation and 

predation by introduced rats (Rattus 

spp.) and birds (black drongos (Dicrurus 

macrocercus)). In addition, the small 

population size and limited distribution 

of the species also make it vulnerable to 

extinction from random environmental 

events (e.g., typhoons). To address these 

threats and conserve the species, the 

following special management actions 

may be needed: (1) Protection of the 

remaining stands of mature limestone 

forest from clearing and modification; 

(2) restoration of degraded areas; (3) 

invasive plant control; and (4) rat and 

black drongo control. For additional 

information about the threats to the Rota 

bridled white-eye, see final listing rule 

(69 FR 3022; January 22, 2004). 

Proposed Critical Habitat Designation 

We are proposing one unit as critical 

habitat of approximately 3,958 ac (1,602 

ha) of forested land for the Rota bridled 

white-eye (see Map 1 in the rule portion 

of this document). This area, described 

below, constitutes our best assessment 

at this time of the areas we determined 

to be occupied at the time of listing, 

contain the primary constituent 

elements, may require special 

management, and contain the features 

essential to the conservation of the Rota 

bridled white-eye. This area contains 

forested areas on 3,700 ac (1,498 ha) of 

public and 258 ac (104 ha) of private 

lands along the slopes and top of the 

Sabana plateau. Approximately 62 

percent (2,292 ac; 928 ha) of the public 

land within this proposed designation is 

within the Sabana Conservation Area. 

This unit is composed of limestone 

forest, introduced forest, and secondary 

vegetation that together contain the full 

range of primary constituent elements 

needed for long-term conservation of the 

Rota bridled white-eye. This area was 

considered occupied at the time the 

Rota bridled white-eye was listed (69 FR 

3022; January 22, 2004) (Fancy and 

Snetsinger 2001) contains the highdensity areas identified by Fancy and 

Snetsinger (2001), as the only known 

nesting areas for the Rota bridled whiteeye (Pratt 1985; Lusk and Taisacan 

1997; Amidon et al. 2004); and contains 

the areas where large numbers of Rota 

bridled white-eyes have been regularly 

observed during surveys since 1982. 

The proposed critical habitat unit 

includes all or part of the Telang, Palii, 

Finata, As Rosalia, Fanlagon, 

Minachage, Mananana, As Mundo, 

Uyulan Hulo, Isang, Tagalo Ogso, Sagua 

Pakpak, As Pupuenge, Lupok, and 

Alesna regions of Rota (Figure 1 below), 

which are all considered part of the 

Sabana region. Each of these individual 

regions contain or are exposed to the 

threats to the Rota bridled white-eye 

(introduced rats, black drongos, and 

habitat degradation and loss (Engbring 

et al. 1986; Amidon 2000; Fancy and 

Snetsinger 2001) and require special 

management (see Special Management 

Considerations or Protections above). 

Proposed critical habitat in the Telang 

and Palii regions includes forested areas 

between 650 and 1,300 ft (200 and 400 

m) elevation. These forested areas 

include one of the high-density whiteeye areas identified by Fancy and 

Snetsinger (2001) and contain oschal, 

yoga, and other tree species important to 

the Rota bridled white-eye (Amidon 

2000). Proposed critical habitat in the 

Finata and As Rosalia regions includes 

forested areas between 650 and 1,300 ft 

(200 and 400 m) elevation. These 

forested areas include one of the highdensity white-eye areas identified by 

Fancy and Snetsinger (2001), locations 

where Rota bridled white-eyes were 

observed in 1987 (Engbring 1987), and 

locations where Rota bridled white-eye 

nesting was recorded (Amidon et al. 

2004). These forested areas also contain 

oschal, yoga, and other tree species and 

forest components important to the Rota 

bridled white-eye (Amidon 2000, 

unpubl. data). Proposed critical habitat 

in the Fanlagon and Minachage regions 

includes forested areas between 650 and 

1,540 ft (400 and 470 m). These forested 

areas include locations where large 

numbers of Rota bridled white-eyes 

were recorded in 1982 (Engbring et al. 

1986), 1987 (Engbring 1987), and 1989 

(Engbring 1989), and lower numbers 

were recorded in 1994 (USFWS unpubl. 

data). These forested areas also contain 

oschal, yoga, and other trees species and 

forest components important to the Rota 

bridled white-eye (Amidon unpubl. 

data). Proposed critical habitat in the 

Mananana, As Mundo, and Uyulan Hulo 

regions includes forested areas between 

490 and 1,500 ft (150 and 450 m). These 

forested areas include two high-density 

white-eye areas identified by Fancy and 

Snetsinger (2001), locations where Rota 

bridled white-eye nesting was recorded 

(Lusk and Taisacan 1997; Amidon et al. 

2001), and faniok, oschal, yoga, and 

other tree species and forest 

components important to the Rota 

bridled white-eye (Amidon 2000). 

Proposed critical habitat in the Isang, 

Tagalo Ogso, and Sagua Pakpak regions 

includes forested areas between 650 and 

1,300 ft (200 and 400 m). These forested 

areas include locations where Rota 

bridled white-eyes were recorded in 

1982 (Engbring et al. 1986), 1987 

54340 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 

(Engbring 1987), and 1989 (Engbring 

1989), and oschal, yoga, and other tree 

species and forest components 

important to the Rota bridled white-eye 

(Amidon 2000, unpubl. data). Proposed 

critical habitat in the As Pupuenge, 

Lupok, and Alesna regions includes 

forested areas between approximately 

650 and 1,500 ft (200 and 450 m). These 

forested areas include a high-density 

white-eye area identified by Fancy and 

Snetsinger (2001) and locations where 

Rota bridled white-eye nesting was 

recorded (Pratt 1985; Amidon et al. 

2001). These forested areas also include 

oschal, yoga, sosugi, and other tree 

species and forest components 

important to the Rota bridled white-eye 

(Amidon 2000, unpubl. data). 

Effects of Critical Habitat Designation 

Section 7 Consultation 

Section 7 of the Act requires Federal 

agencies, including the Service, to 

ensure that actions they fund, authorize, 

or carry out are not likely to destroy or 

adversely modify critical habitat. In 

response to the Ninth Circuit’s decision 

on Gifford Pinchot, the Service has 

provided direction regarding the 

analysis of adverse modification of 

critical habitat. Such alterations 

include, but are not limited to: 

Alterations adversely modifying any of 

those physical or biological features that 

were the basis for determining the 

habitat to be critical.’’ We are currently 

reviewing the regulatory definition of 

adverse modification in relation to the 

conservation of the species. 

Section 7(a) of the Act requires 

Federal agencies, including the Service, 

to evaluate their actions with respect to 

any species that is proposed or listed as 

endangered or threatened and with 

respect to its critical habitat, if any is 

proposed or designated. Regulations 

implementing this interagency 

cooperation provision of the Act are 

codified at 50 CFR part 402. 

Section 7(a)(4) of the Act requires 

Federal agencies to confer with us on 

any action that is likely to jeopardize 

the continued existence of a proposed 

species or result in destruction or 

adverse modification of proposed 

critical habitat. Conference reports 

provide conservation recommendations 

to assist the agency in eliminating 

conflicts that may be caused by the 

proposed action. We may issue a formal 

conference report if requested by a 

Federal agency. Formal conference 

reports on proposed critical habitat 

contain an opinion that is prepared 

according to 50 CFR 402.14, as if critical 

habitat were designated. We may adopt 

the formal conference report as the 

biological opinion when the critical 

habitat is designated, if no substantial 

new information or changes in the 

action alter the content of the opinion 

(see 50 CFR 402.10(d)). The 

conservation recommendations in a 

conference report are advisory. 

If a species is listed or critical habitat 

is designated, section 7(a)(2) requires 

Federal agencies to ensure that activities 

they authorize, fund, or carry out are not 

likely to jeopardize the continued 

existence of such a species or to destroy 

or adversely modify its critical habitat. 

If a Federal action may affect a listed 

species or its critical habitat, the 

responsible Federal agency (action 

agency) must enter into consultation 

with us. Through this consultation, the 

action agency ensures that their actions 


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Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 54341 

do not destroy or adversely modify 

critical habitat. 

If we issue a biological opinion 

concluding that a project is likely to 

result in the destruction or adverse 

modification of critical habitat, we also 

provide reasonable and prudent 

alternatives to the project, if any are 

identifiable. ‘‘Reasonable and prudent 

alternatives’’ are defined at 50 CFR 

402.02 as alternative actions identified 

during consultation that can be 

implemented in a manner consistent 

with the intended purpose of the action, 

that are consistent with the scope of the 

Federal agency’s legal authority and 

jurisdiction, that are economically and 

technologically feasible, and that the 

Director believes would avoid 

destruction or adverse modification of 

critical habitat. Reasonable and prudent 

alternatives can vary from slight project 

modifications to extensive redesign or 

relocation of the project. Costs 

associated with implementing a 

reasonable and prudent alternative are 

similarly variable. 

Regulations at 50 CFR 402.16 require 

Federal agencies to reinitiate 

consultation on previously reviewed 

actions in instances where critical 

habitat is subsequently designated and 

the Federal agency has retained 

discretionary involvement or control 

over the action or such discretionary 

involvement or control is authorized by 

law. Consequently, some Federal 

agencies may request reinitiation of 

consultation or conference with us on 

actions for which formal consultation 

has been completed, if those actions 

may affect designated critical habitat or 

adversely modify or destroy proposed 

critical habitat. 

Federal activities that may affect the 

Rota bridled white-eye or its critical 

habitat will require section 7 

consultation. Activities on private or 

Commonwealth lands requiring a permit 

from a Federal agency, such as a permit 

from the U.S. Army Corps of Engineers 

under section 404 of the Clean Water 

Act, a section 10(a)(1)(B) permit from 

the Service, or some other Federal 

action, including funding (e.g., Federal 

Highway Administration or Federal 

Emergency Management Agency 

funding), will also continue to be 

subject to the section 7 consultation 

process. Federal actions not affecting 

listed species or critical habitat and 

actions on non-Federal and private 

lands that are not Federally funded, 

authorized, or permitted do not require 

section 7 consultation. 

Section 4(b)(8) of the Act requires us 

to briefly evaluate and describe in any 

proposed or final regulation that 

designates critical habitat those 

activities involving a Federal action that 

may destroy or adversely modify such 

habitat, or that may be affected by such 

designation. Activities that may destroy 

or adversely modify critical habitat may 

also jeopardize the continued existence 

of the Rota bridled white-eye. Federal 

activities that, when carried out, may 

adversely affect critical habitat for the 

Rota bridled white-eye include, but are 

not limited to: 

(1) Actions that would reduce the 

amount of limestone forest above 490 ft 

(150 m) elevation in the Sabana region. 

Such activities could include vegetation 

clearing and fires. These activities could 

eliminate or reduce foraging and 

breeding habitat. 

(2) Actions that would increase the 

fragmentation of limestone forest above 

490 ft (150 m) elevation in the Sabana 

region. Such activities could include 

vegetation clearing and fires. These 

activities could reduce connectivity 

between areas utilized by Rota bridled 

white-eyes for foraging and breeding 

and increase the amount of forest edge 

exposed to the potential impacts (tree 

uprooting, limb damage, etc.) of 

typhoons thereby further reducing the 

availability of breeding and foraging 

habitat. 

(3) Actions that would degrade 

limestone forest above 490 ft (150 m) 

elevation in the Sabana region. Such 

activities could include spreading or 

introducing invasive weed species, like 

Coccina grandis (scarlet gourd), which 

inhibit the natural regeneration of native 

forest utilized by Rota bridled whiteeyes for breeding and foraging. 

We consider the entire critical habitat 

unit to be occupied by the species 

because it contains the high-, low-, and 

very-low density white-eye areas 

identified by Fancy and Snetsinger 

(2001; note: authors did not identify any 

medium-density areas) and areas where 

white-eyes were reported by Amidon 

(2000) in 1998 and 1999. 

Application of Section 3(5)(A) and 

Exclusions Under Section 4(b)(2) of the 

Act 

Section 3(5)(A) of the Act defines 

critical habitat as the specific areas 

within the geographic area occupied by 

the species on which are found those 

physical and biological features (i) 

essential to the conservation of the 

species and (ii) which may require 

special management considerations or 

protection. Therefore, areas within the 

geographic area occupied by the species 

that do not contain the features essential 

for the conservation of the species are 

not, by definition, critical habitat. 

Similarly, areas within the geographic 

area occupied by the species that do not 

require special management or 

protection also are not, by definition, 

critical habitat. To determine whether 

an area requires special management, 

we first determine if the essential 

features located there generally require 

special management to address 

applicable threats. If those features do 

not require special management, or if 

they do in general but not for the 

particular area in question because of 

the existence of an adequate 

management plan or for some other 

reason, then the area does not require 

special management. 

We consider a current plan to provide 

adequate management or protection if it 

meets three criteria: (1) The plan is 

complete and provides a conservation 

benefit to the species (i.e., the plan must 

maintain or provide for an increase in 

the species’ population, or the 

enhancement or restoration of its habitat 

within the area covered by the plan); (2) 

the plan provides assurances that the 

conservation management strategies and 

actions will be implemented (i.e., those 

responsible for implementing the plan 

are capable of accomplishing the 

objectives, and have an implementation 

schedule and adequate funding for 

implementing the management plan); 

and (3) the plan provides assurances 

that the conservation strategies and 

measures will be effective (i.e., it 

identifies biological goals, has 

provisions for reporting progress, and is 

of a duration sufficient to implement the 

plan and achieve the plan’s goals and 

objectives). 

Pursuant to section 4(b)(2) of the Act, 

we must consider relevant impacts in 

addition to economic ones. We 

determined that the lands within the 

designation of critical habitat for Rota 

bridled white-eye are not owned or 

managed by the Department of Defense 

and do not include any Tribal lands or 

trust resources. Although there have 

been some initial efforts on an 

islandwide habitat conservation plan, 

there are currently no habitat 

conservation plans for the Rota bridled 

white-eye. In 1994, a local law was 

passed to set up a conservation area in 

the Sabana region of Rota (Sabana 

Conservation Area). This law required 

that regulations be developed for the 

management of the conservation area. In 

1995, a Sabana Protected Area 

Committee was established to develop a 

management plan and regulations for 

the area. An initial plan was completed 

in 1996, but was not implemented 

because the regulations required to 

manage the area were not promulgated. 

At this time no regulations for 

management of this area have been 

54342 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 

developed, and the management plan is 

now considered obsolete. 

We anticipate no impact to national 

security, Tribal lands, partnerships, or 

habitat conservation plans from this 

critical habitat designation. 

Economic Analysis 

An analysis of the economic impacts 

of proposed critical habitat for the Rota 

bridled white-eye will be prepared. We 

will announce the availability of the 

draft economic analysis as soon as it is 

completed, at which time we will seek 

public review and comment. At that 

time, copies of the draft economic 

analysis will be available for 

downloading from the Internet at 

http://pacificislands.fws.gov, or by 

contacting the Pacific Islands Fish and 

Wildlife Office directly (see ADDRESSES

section). 

Peer Review 

In accordance with our joint policy 

published in the Federal Register on 

July 1, 1994 (59 FR 34270), we will seek 

the expert opinions of at least three 

appropriate and independent specialists 

regarding this proposed rule. The 

purpose of such review is to ensure that 

our critical habitat designation is based 

on scientifically sound data, 

assumptions, and analyses. We will 

send these peer reviewers copies of this 

proposed rule immediately following 

publication in the Federal Register. We 

will invite these peer reviewers to 

comment, during the public comment 

period, on the specific assumptions and 

scientific conclusions relevant to the 

proposed designation of critical habitat. 

We will consider all comments and 

information received during the 

comment period on this proposed rule 

during preparation of a final 

rulemaking. Accordingly, the final 

decision may differ from this proposal. 

Public Hearings 

The Act provides for one or more 

public hearings on this proposal, if 

requested. Requests for public hearings 

must be made in writing at least 15 days 

prior to the close of the public comment 

period. We will schedule public 

hearings on this proposal, if any are 

requested, and announce the dates, 

times, and places of those hearings in 

the Federal Register and local 

newspapers at least 15 days prior to the 

first hearing. 

Clarity of the Rule 

Executive Order 12866 requires each 

agency to write regulations and notices 

that are easy to understand. We invite 

your comments on how to make this 

proposed rule easier to understand, 

including answers to questions such as 

the following: (1) Are the requirements 

in the proposed rule clearly stated? (2) 

Does the proposed rule contain 

technical jargon that interferes with the 

clarity? (3) Does the format of the 

proposed rule (grouping and order of 

the sections, use of headings, 

paragraphing, and so forth) aid or 

reduce its clarity? (4) Is the description 

of the notice in the SUPPLEMENTARY

INFORMATION section of the preamble 

helpful in understanding the proposed 

rule? (5) What else could we do to make 

this proposed rule easier to understand? 

Send a copy of any comments on how 

we could make this proposed rule easier 

to understand to: Office of Regulatory 

Affairs, Department of the Interior, 

Room 7229, 1849 C Street, NW, 

Washington, DC 20240. You may e-mail 

your comments to this address: 

Exsec@iod.doi.gov. 

Required Determinations 

Regulatory Planning and Review 

In accordance with Executive Order 

12866, this document is a significant 

rule in that it may raise novel legal and 

policy issues, but it is not anticipated to 

have an annual effect on the economy 

of $100 million or more or affect the 

economy in a material way. Due to the 

tight timeline for publication in the 

Federal Register, the Office of 

Management and Budget (OMB) has not 

formally reviewed this rule. We are 

preparing a draft economic analysis of 

this proposed action, which will be 

available for public comment, to 

determine the economic consequences 

of designating the specific area as 

critical habitat. This economic analysis 

also will be used to determine 

compliance with Executive Order 

12866, Regulatory Flexibility Act, Small 

Business Regulatory Enforcement 

Fairness Act, and Executive Order 

12630. 

Within these areas, the types of 

Federal actions or authorized activities 

that we have identified as potential 

concerns are listed above in the section 

on Section 7 Consultation. The 

availability of the draft economic 

analysis will be announced in the 

Federal Register so that it is available 

for public review and comments. The 

draft economic analysis can be obtained 

from the Internet Web site at http:// 

www.fws.gov/pacific/pacificislands/ or 

by contacting the Pacific Islands Fish 

and Wildlife Office directly (see 

ADDRESSES section). 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) 

Our assessment of economic effect 

will be completed prior to final 

rulemaking based upon review of the 

economic analysis prepared pursuant to 

section 4(b)(2) of the Act and Executive 

Order 12866. This analysis is for the 

purposes of compliance with the 

Regulatory Flexibility Act and does not 

reflect our position on the type of 

economic analysis required by New 

Mexico Cattle Growers Assn. v. U.S. 

Fish and Wildlife Service 248 F.3d 1277 

(10th Cir. 2001). 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) of 1996), 

whenever an agency is required to 

publish a notice of rulemaking for any 

proposed or final rule, it must prepare 

and make available for public comment 

a regulatory flexibility analysis that 

describes the effects of the rule on small 

entities (i.e., small businesses, small 

organizations, and small government 

jurisdictions). However, no regulatory 

flexibility analysis is required if the 

head of the agency certifies the rule will 

not have a significant economic impact 

on a substantial number of small 

entities. The SBREFA amended the 

Regulatory Flexibility Act (RFA) to 

require Federal agencies to provide a 

statement of the factual basis for 

certifying that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

At this time, the Service lacks the 

available economic information 

necessary to provide an adequate factual 

basis for the required RFA finding. 

Therefore, the RFA finding is deferred 

until completion of the draft economic 

analysis prepared pursuant to section 

4(b)(2) of the Act and Executive Order 

12866. This draft economic analysis will 

provide the required factual basis for the 

RFA finding. Upon completion of the 

draft economic analysis, the Service will 

publish a notice of availability of the 

draft economic analysis of the proposed 

designation and reopen the public 

comment period for the proposed 

designation for an additional 60 days. 

The Service will include with the notice 

of availability, as appropriate, an initial 

regulatory flexibility analysis or a 

certification that the rule will not have 

a significant economic impact on a 

substantial number of small entities 

accompanied by the factual basis for 

that determination. The Service has 

concluded that deferring the RFA 

finding until completion of the draft 

economic analysis is necessary to meet 

the purposes and requirements of the 

Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 54343 

RFA. Deferring the RFA finding in this 

manner will ensure that the Service 

makes a sufficiently informed 

determination based on adequate 

economic information and provides the 

necessary opportunity for public 

comment. 

Executive Order 13211 

On May 18, 2001, the President issued 

an Executive Order (E.O.) 13211 on 

regulations that significantly affect 

energy supply, distribution, and use. 

E.O. 13211 requires agencies to prepare 

Statements of Energy Effects when 

undertaking certain actions. This 

proposed rule to designate critical 

habitat for the Rota bridled white-eye is 

not a significant regulatory action under 

E.O. 12866, and it is not expected to 

significantly affect energy supplies, 

distribution, or use. Therefore, this 

action is not a significant energy action, 

and no Statement of Energy Effects is 

required. 

Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.) 

In accordance with the Unfunded 

Mandates Reform Act (2 U.S.C. 1501), 

the Service makes the following 

findings: 

(a) This rule will not produce a 

Federal mandate. In general, a Federal 

mandate is a provision in legislation, 

statute or regulation that would impose 

an enforceable duty upon State/ 

Commonwealth, local, tribal 

governments, or the private sector and 

includes both ‘‘Federal 

intergovernmental mandates’’ and 

‘‘Federal private sector mandates.’’

These terms are defined in 2 U.S.C. 

658(5)–(7). ‘‘Federal intergovernmental 

mandate’’ includes a regulation that 

‘‘would impose an enforceable duty 

upon State, local, or tribal governments’’

with two exceptions. It excludes ‘‘a 

condition of Federal assistance.’’ It also 

excludes ‘‘a duty arising from 

participation in a voluntary Federal 

program,’’ unless the regulation ‘‘relates 

to a then-existing Federal program 

under which $500,000,000 or more is 

provided annually to State/ 

Commonwealth, local, and tribal 

governments under entitlement 

authority,’’ if the provision would 

‘‘increase the stringency of conditions of 

assistance’’ or ‘‘place caps upon, or 

otherwise decrease, the Federal 

Government’s responsibility to provide 

funding’’ and the State/Commonwealth, 

local, or tribal governments ‘‘lack 

authority’’ to adjust accordingly. At the 

time of enactment, these entitlement 

programs were: Medicaid; AFDC work 

programs; Child Nutrition; Food 

Stamps; Social Services Block Grants; 

Vocational Rehabilitation State Grants; 

Foster Care, Adoption Assistance, and 

Independent Living; Family Support 

Welfare Services; and Child Support 

Enforcement. ‘‘Federal private sector 

mandate’’ includes a regulation that 

‘‘would impose an enforceable duty 

upon the private sector, except (i) a 

condition of Federal assistance; or (ii) a 

duty arising from participation in a 

voluntary Federal program.’’

The designation of critical habitat 

does not impose a legally binding duty 

on non-Federal government entities or 

private parties. Under the Act, the only 

regulatory effect is that Federal agencies 

must ensure that their actions do not 

destroy or adversely modify critical 

habitat under section 7. While nonFederal entities who receive Federal 

funding, assistance, or permits, or that 

otherwise require approval or 

authorization from a Federal agency for 

an action may be indirectly impacted by 

the designation of critical habitat, the 

legally binding duty to avoid 

destruction or adverse modification of 

critical habitat rests squarely on the 

Federal agency. Furthermore, to the 

extent that non-Federal entities are 

indirectly impacted because they 

receive Federal assistance or participate 

in a voluntary Federal aid program, the 

Unfunded Mandates Reform Act would 

not apply; nor would critical habitat 

shift the costs of the large entitlement 

programs listed above to State/ 

Commonwealth governments. 

(b) Due to current public knowledge 

of the species’ protection, the 

prohibition against take of the species 

both within and outside of the 

designated areas, and the fact that 

critical habitat provides no incremental 

restrictions, we do not anticipate that 

this rule will significantly or uniquely 

affect small governments. As such, 

Small Government Agency Plan is not 

required. We will, however, further 

evaluate this issue as we conduct our 

economic analysis and revise this 

assessment if appropriate. 

Federalism 

In accordance with Executive Order 

13132, the rule does not have significant 

Federalism effects. A Federalism 

assessment is not required. In keeping 

with the Department of Interior and 

Department of Commerce policy, we 

requested information from, and 

coordinated development of, this 

proposed critical habitat designation 

with appropriate Commonwealth 

resource agencies in the CNMI. The 

designation of critical habitat in areas 

currently occupied by the Rota bridled 

white-eye imposes no additional 

restrictions to those currently in place 

and, therefore, has little incremental 

impact on Commonwealth and local 

governments and their activities. The 

designation may have some benefit to 

these governments in that the areas 

essential to the conservation of the 

species are more clearly defined, and 

the primary constituent elements of the 

habitat necessary to the survival of the 

species are specifically identified. While 

making this definition and 

identification does not alter where and 

what Federally sponsored activities may 

occur, it may assist the Commonwealth 

and local governments in long-range 

planning (rather than waiting for caseby-case section 7 consultations to 

occur). 

Civil Justice Reform 

In accordance with Executive Order 

12988, the Office of the Solicitor has 

determined that the rule does not 

unduly burden the judicial system and 

meets the requirements of sections 3(a) 

and 3(b)(2) of the Order. We have 

proposed designating critical habitat in 

accordance with the provisions of the 

Endangered Species Act. This proposed 

rule uses standard property descriptions 

and identifies the primary constituent 

elements within the designated areas to 

assist the public in understanding the 

habitat needs of the Rota bridled whiteeye. 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) 

This rule does not contain any new 

collections of information that require 

approval by OMB under the Paperwork 

Reduction Act. This rule will not 

impose recordkeeping or reporting 

requirements on State/Commonwealth 

or local governments, individuals, 

businesses, or organizations. An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. 

National Environmental Policy Act 

It is our position that, outside the 

Tenth Circuit of the U.S. Court system, 

we do not need to prepare 

environmental analyses as defined by 

the NEPA in connection with 

designating critical habitat under the 

Endangered Species Act. We published 

a notice outlining our reasons for this 

determination in the Federal Register 

on October 25, 1983 (48 FR 49244). This 

assertion was upheld in the courts of the 

Ninth Circuit (Douglas County v. 

Babbitt, 48 F.3d 1495 (9th Cir. Ore. 

1995), cert. denied 116 S. Ct. 698 (1996). 

54344 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), Executive 

Order 13175, and the Department of the 

Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

recognized Federal Tribes on a 

government-to-government basis. We 

have determined that there are no tribal 

lands essential for the conservation of 

the Rota bridled white-eye. Therefore, 

designation of critical habitat for the 

Rota bridled white-eye has not been 

proposed on Tribal lands. 

References Cited 

A complete list of all references cited 

in this proposed rule is available upon 

request from the Field Supervisor, 

Pacific Islands Fish and Wildlife Office 

(see ADDRESSES section). 

Author 

The primary author of this package is 

the Pacific Islands Fish and Wildlife 

Office (see ADDRESSES section). 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Proposed Regulation Promulgation 

Accordingly, we propose to amend 

part 17, subchapter B of chapter I, title 

50 of the Code of Federal Regulations, 

as set forth below: 

PART 17—[AMENDED] 

1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500; unless otherwise noted. 

2. In § 17.11(h), revise the entry for 

‘‘White-eye, Rota bridled’’ under 

‘‘BIRDS’’ in the List of Endangered and 

Threatened Wildlife to read as follows: 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Species 

Historic range 

Vertebrate population where endangered or threatened 

Status When listed Critical 

habitat 

Special 

rules Common name Scientific name 

* * * * * * * 

BIRDS

* * * * * * * 

White-eye, Rota bridled.Zosterops rotensis .. Western Pacific 

Ocean-U.S.A 

(Commonwealth 

of the Northern 

Mariana Islands).

Entire ....................... E 741 17.95(b) NA 

* * * * * * * 

3. Amend § 17.95(b) by adding critical 

habitat for ‘‘Rota bridled white-eye 

(Zosterops rotensis)’’ in the same 

alphabetical order in which the species 

appears in the talbe in § 17.11(h), under 

‘‘BIRDS’’ to read as follows: 

§ 17.95 Critical habitat—fish and wildlife. 

* * * * * 

(b) Birds. 

* * * * * 

Rota Bridled White-eye (Zosterops 

rotensis) 

(1) A critical habitat unit is depicted 

for the island of Rota, Commonwealth of 

the Northern Mariana Islands, on the 

map below. 

(2) The primary constituent elements 

of critical habitat for the Rota bridled 

white-eye are the habitat components 

that provide forest above 490 feet (ft) 

(150 meters(m)) in elevation containing 

a midstory and canopy layer, high 

epiphytic plant volume (typically 11 

percent), Elatostema and Procris spp. on 

the ground, and Elaeocarpus joga 

(yoga), Hernandia labyrinthica (oschal), 

Merrilliodendron megacarpum (faniok), 

Pandanus tectorius (kafu), and/or 

Premna obtusifolia (ahgao) trees as 

dominant forest components for 

foraging, sheltering, roosting, nesting, 

and/or rearing of young. In addition, the 

habitat should contain the specific 

forest components for foraging or 

nesting or both, as follows: 

(i) Yoga, oschal, faniok, Macaranga 

thompsonii (pengua), ahgao, Pipturus 

argenteus (amahadyan), Persea 

americana (avocado), Ficus tinctoria 

(hodda), Aglaia mariannensis 

(mapunyao), Eugenia thompsonii 

(atoto), Acacia confusa (sosugi), and/or 

Tarenna sambucina (sumac-lada) trees; 

and/or Bambusa vulgaris (piao, 

bamboo); in the canopy or subcanopy 

for foraging; or 

(ii) Yoga, oschal, faniok, and/or sosugi 

trees 10 to 49 ft (3 to 15 m) tall and 1 

to 24 inches (in) (2 to 60 centimeters 

(cm)) dbh for nesting. 

(iii) Critical habitat does not include 

manmade structures existing on the 

effective date of this rule and not 

containing one or more of the primary 

constituent elements, such as buildings, 

aqueducts, airports, and roads, and the 

land on which such structures are 

located. 

(3) The critical habitat unit 

description and its map is provided in 

paragraph (4). Data layers defining map 

units were created on a base of USGS 

7.5’ quadrangles, and critical habitat 

units were then mapped using Universal 

Transverse Mercator (UTM) coordinates. 

(4) Rota bridled white-eye critical 

habitat, Rota, Commonwealth of the 

Northern Mariana Islands (3,958 ac; 

1,602 ha). 

(i) Unit consists of 346 points with 

following coordinates in UTM Zone 55 

with the units in meters using World 

Geodetic System 1984 (WGS84): 

300742, 1565012, 300809, 1565217, 

300840, 1565285, 300875, 1565341, 

300962, 1565420, 300995, 1565444, 

301061, 1565473, 301135, 1565490, 

301186, 1565494, 301327, 1565491, 

301531, 1565451, 301796, 1565425, 

301905, 1565419, 301958, 1565425, 

302030, 1565456, 302067, 1565466, 

302205, 1565482, 302229, 1565471, 

302272, 1565429, 302310, 1565416, 

302852, 1565346, 302882, 1565343, 

302932, 1565348, 302953, 1565356, 

302986, 1565377, 303007, 1565407, 

303005, 1565510, 302983, 1565616, 

302978, 1565666, 302982, 1565740, 

Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 54345 

302990, 1565763, 303005, 1565777, 

303103, 1565824, 303150, 1565828, 

303223, 1565806, 303243, 1565792, 

303284, 1565740, 303303, 1565731, 

303315, 1565733, 303343, 1565752, 

303500, 1565896, 303645, 1565995, 

303813, 1566125, 303903, 1566164, 

304054, 1566243, 304085, 1566255, 

304155, 1566270, 304271, 1566306, 

304326, 1566311, 304388, 1566328, 

304494, 1566336, 304562, 1566352, 

304700, 1566368, 304734, 1566365, 

304760, 1566355, 304791, 1566336, 

304835, 1566299, 304904, 1566293, 

304977, 1566261, 305032, 1566256, 

305110, 1566231, 305131, 1566220, 

305152, 1566197, 305174, 1566158, 

305197, 1566090, 305213, 1566016, 

305244, 1565964, 305317, 1565923, 

305417, 1565815, 305444, 1565800, 

305461, 1565775, 305493, 1565766, 

305608, 1565782, 305678, 1565798, 

305840, 1565858, 305947, 1565890, 

306134, 1565992, 306230, 1566039, 

306271, 1566055, 306365, 1566071, 

306500, 1566077, 306557, 1566089, 

306588, 1566105, 306773, 1566245, 

306819, 1566265, 307118, 1566324, 

307158, 1566325, 307191, 1566320, 

307249, 1566295, 307359, 1566230, 

307407, 1566207, 307778, 1566099, 

307843, 1566062, 307898, 1566047, 

307941, 1566020, 307999, 1566003, 

308109, 1565940, 308162, 1565898, 

308260, 1565834, 308407, 1565674, 

308437, 1565635, 308458, 1565596, 

308529, 1565323, 308544, 1565200, 

308543, 1565150, 308537, 1565112, 

308472, 1564974, 308423, 1564834, 

308409, 1564746, 308394, 1564555, 

308385, 1564519, 308306, 1564339, 

308149, 1563842, 308086, 1563674, 

308065, 1563629, 308013, 1563560, 

308004, 1563528, 307995, 1563514, 

307953, 1563481, 307857, 1563392, 

307835, 1563367, 307826, 1563347, 

307816, 1563286, 307803, 1563028, 

307795, 1562975, 307783, 1562966, 

307725, 1562954, 307691, 1562925, 

307691, 1562911, 307717, 1562869, 

307712, 1562856, 307699, 1562846, 

307656, 1562826, 307555, 1562804, 

307518, 1562768, 307480, 1562756, 

307447, 1562734, 307353, 1562655, 

307323, 1562617, 307307, 1562586, 

307300, 1562465, 307289, 1562432, 

307266, 1562397, 307216, 1562348, 

307176, 1562324, 307120, 1562306, 

307027, 1562297, 307000, 1562286, 

306970, 1562267, 306923, 1562220, 

306885, 1562107, 306868, 1562080, 

306853, 1562074, 306826, 1562082, 

306799, 1562099, 306759, 1562155, 

306731, 1562179, 306698, 1562219, 

306678, 1562233, 306657, 1562234, 

306620, 1562216, 306571, 1562209, 

306513, 1562179, 306481, 1562177, 

306476, 1562191, 306472, 1562272, 

306434, 1562361, 306391, 1562443, 

306373, 1562497, 306222, 1562602, 

306206, 1562602, 306180, 1562585, 

306166, 1562534, 306144, 1562526, 

306121, 1562532, 306080, 1562567, 

306054, 1562574, 305964, 1562570, 

305912, 1562563, 305849, 1562573, 

305808, 1562551, 305733, 1562553, 

305722, 1562561, 305714, 1562595, 

305698, 1562604, 305684, 1562596, 

305672, 1562575, 305662, 1562500, 

305655, 1562483, 305646, 1562484, 

305635, 1562495, 305625, 1562531, 

305615, 1562544, 305588, 1562564, 

305567, 1562567, 305551, 1562561, 

305517, 1562518, 305486, 1562501, 

305461, 1562470, 305453, 1562465, 

305438, 1562464, 305415, 1562480, 

305407, 1562505, 305410, 1562537, 

305422, 1562585, 305421, 1562606, 

305413, 1562613, 305386, 1562616, 

305373, 1562624, 305347, 1562674, 

305328, 1562692, 305291, 1562716, 

305257, 1562722, 305232, 1562721, 

305219, 1562712, 305204, 1562692, 

305189, 1562688, 305160, 1562698, 

305110, 1562731, 305083, 1562735, 

305065, 1562733, 305037, 1562717, 

305006, 1562668, 304981, 1562647, 

304958, 1562638, 304924, 1562635, 

304890, 1562598, 304856, 1562597, 

304819, 1562606, 304787, 1562629, 

304737, 1562632, 304719, 1562648, 

304811, 1562704, 304812, 1562719, 

304793, 1562738, 304770, 1562750, 

304721, 1562752, 304653, 1562789, 

304603, 1562797, 304550, 1562793, 

304520, 1562769, 304504, 1562762, 

304464, 1562761, 304432, 1562770, 

304403, 1562772, 304355, 1562769, 

304332, 1562760, 304325, 1562751, 

304323, 1562731, 304327, 1562719, 

304343, 1562698, 304348, 1562679, 

304349, 1562583, 304356, 1562513, 

304351, 1562493, 304270, 1562434, 

304223, 1562419, 304206, 1562376, 

304186, 1562353, 304126, 1562326, 

304055, 1562283, 303995, 1562276, 

303953, 1562281, 303890, 1562321, 

303864, 1562358, 303830, 1562380, 

303825, 1562390, 303827, 1562400, 

303835, 1562405, 303860, 1562408, 

303865, 1562417, 303863, 1562438, 

303826, 1562510, 303811, 1562567, 

303783, 1562600, 303768, 1562605, 

303669, 1562602, 303597, 1562589, 

303549, 1562599, 303490, 1562569, 

303399, 1562504, 303334, 1562463, 

303311, 1562441, 303239, 1562346, 

303088, 1562240, 303073, 1562218, 

303048, 1562210, 303010, 1562207, 

302957, 1562190, 302925, 1562192, 

302908, 1562205, 302903, 1562216, 

302906, 1562269, 302895, 1562348, 

302883, 1562361, 302835, 1562375, 

302814, 1562391, 302792, 1562456, 

302766, 1562563, 302712, 1562684, 

302665, 1562811, 302645, 1562883, 

302595, 1563127, 302565, 1563228, 

302535, 1563275, 302436, 1563381, 

302380, 1563478, 302354, 1563506, 

302333, 1563519, 302254, 1563541, 

302185, 1563577, 302125, 1563592, 

302080, 1563615, 302015, 1563692, 

301971, 1563777, 301951, 1563806, 

301890, 1563864, 301836, 1563908, 

301750, 1563946, 301723, 1563952, 

301650, 1563960, 301611, 1563981, 

301594, 1564000, 301585, 1564023, 

301584, 1564061, 301593, 1564112, 

301585, 1564135, 301474, 1564241, 

301450, 1564254, 301413, 1564259, 

301352, 1564251, 301311, 1564237, 

301295, 1564239, 301214, 1564294, 

301096, 1564399, 300966, 1564483, 

300945, 1564505, 300922, 1564541, 

300892, 1564569, 300859, 1564634, 

300808, 1564710, 300804, 1564729, 

300806, 1564769, 300802, 1564795, 

300740, 1564944, 300737, 1564975. 

(ii) Not including 13 areas: 

(A) Bounded by the following 13 

points (2 ac; 1 ha): 301307, 1564935; 

301288, 1564908; 301291, 1564898; 

301301, 1564889; 301354, 1564890; 

301410, 1564877; 301424, 1564879; 

301460, 1564899; 301472, 1564922; 

301468, 1564941; 301452, 1564950; 

301382, 1564933; 301335, 1564939. 

(B) Bounded by the following 48 

points (39 ac; 16 ha): 301471, 1564593; 

301458, 1564567; 301463, 1564557; 

301550, 1564532; 301578, 1564506; 

301598, 1564501; 301639, 1564501; 

301668, 1564487; 301760, 1564465; 

301797, 1564449; 301803, 1564442; 

301802, 1564433; 301789, 1564410; 

301787, 1564397; 301798, 1564388; 

301812, 1564387; 301824, 1564395; 

301844, 1564426; 301857, 1564432; 

301920, 1564441; 301980, 1564460; 

302041, 1564447; 302081, 1564449; 

302122, 1564459; 302169, 1564479; 

302242, 1564523; 302338, 1564565; 

302377, 1564592; 302400, 1564618; 

302417, 1564647; 302427, 1564679; 

302426, 1564699; 302418, 1564724; 

302403, 1564740; 302363, 1564757; 

302332, 1564757; 302269, 1564741; 

302146, 1564681; 302059, 1564655; 

302017, 1564655; 301908, 1564682; 

301866, 1564674; 301831, 1564660; 

301713, 1564582; 301660, 1564566; 

301613, 1564561; 301554, 1564564; 

301516, 1564572. 

(C) Bounded by the following 47 

points (58 ac; 23 ha): 301566, 1564945: 

301569, 1564920; 301578, 1564904; 

301624, 1564888; 301649, 1564857; 

301660, 1564850; 301679, 1564850; 

301706, 1564888; 301726, 1564892; 

301744, 1564883; 301754, 1564864; 

301759, 1564836; 301777, 1564825; 

301824, 1564810; 301963, 1564798; 

301986, 1564807; 302011, 1564845; 

302030, 1564859; 302105, 1564881; 

302150, 1564885; 302309, 1564864; 

54346 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 

302407, 1564883; 302422, 1564895; 

302444, 1564926; 302462, 1564938; 

302486, 1564939; 302550, 1564927; 

302646, 1564928; 302700, 1564940; 

302712, 1564951; 302716, 1564964; 

302713, 1564975; 302696, 1564984; 

302614, 1564988; 302602, 1564995; 

302592, 1565021; 302584, 1565102; 

302572, 1565118; 302490, 1565138; 

302195, 1565151; 302135, 1565146; 

302088, 1565135; 301955, 1565082; 

301722, 1565014; 301662, 1564986; 

301608, 1564971. 

(D) Bounded by the following 61 

points (91 ac; 37 ha): 302150, 1564098; 

302172, 1564039; 302208, 1564002; 

302245, 1563984; 302303, 1563975; 

302364, 1563928; 302390, 1563916; 

302429, 1563913; 302494, 1563933; 

302545, 1563926; 302576, 1563927; 

302602, 1563941; 302629, 1563977; 

302641, 1563982; 302686, 1563948; 

302701, 1563945; 302715, 1563951; 

302735, 1563975; 302766, 1564034; 

302757, 1564078; 302769, 1564119; 

302759, 1564172; 302762, 1564208; 

302776, 1564221; 302822, 1564235; 

302842, 1564246; 302867, 1564270; 

302899, 1564315; 302905, 1564345; 

302891, 1564382; 302917, 1564467; 

302950, 1564548; 303012, 1564647; 

303033, 1564728; 303060, 1564765; 

303059, 1564787; 303044, 1564799; 

303024, 1564795; 302973, 1564763; 

302909, 1564709; 302872, 1564700; 

302839, 1564684; 302751, 1564683; 

302736, 1564669; 302709, 1564620; 

302682, 1564601; 302570, 1564563; 

302481, 1564539; 302458, 1564528; 

302444, 1564509; 302424, 1564435; 

302401, 1564389; 302386, 1564348; 

302375, 1564301; 302378, 1564265; 

302374, 1564251; 302287, 1564174; 

302272, 1564172; 302224, 1564179; 

302187, 1564171; 302176, 1564161. 

(E) Bounded by the following 319 

points (677 ac; 274 ha): 302943, 

1564065; 302923, 1564061; 302919, 

1564054; 302936, 1564038; 302987, 

1564019; 303009, 1563991; 303047, 

1563971; 303060, 1563954; 303062, 

1563939; 303054, 1563879; 303060, 

1563827; 303074, 1563808; 303107, 

1563796; 303113, 1563780; 303110, 

1563765; 303090, 1563727; 303109, 

1563690; 303085, 1563639; 303085, 

1563600; 303092, 1563584; 303116, 

1563562; 303132, 1563539; 303131, 

1563504; 303193, 1563466; 303207, 

1563465; 303249, 1563476; 303272, 

1563471; 303303, 1563452; 303334, 

1563412; 303350, 1563400; 303360, 

1563399; 303390, 1563413; 303410, 

1563410; 303416, 1563402; 303410, 

1563386; 303415, 1563373; 303455, 

1563344; 303466, 1563282; 303479, 

1563248; 303497, 1563232; 303553, 

1563212; 303560, 1563195; 303565, 

1563150; 303572, 1563128; 303595, 

1563106; 303623, 1563095; 303655, 

1563097; 303684, 1563125; 303721, 

1563132; 303734, 1563152; 303740, 

1563192; 303780, 1563201; 303789, 

1563208; 303775, 1563236; 303772, 

1563257; 303803, 1563373; 303799, 

1563391; 303773, 1563433; 303765, 

1563441; 303742, 1563447; 303671, 

1563435; 303653, 1563441; 303652, 

1563453; 303675, 1563474; 303807, 

1563534; 303869, 1563577; 303897, 

1563608; 303953, 1563714; 303979, 

1563736; 304071, 1563770; 304155, 

1563793; 304249, 1563795; 304335, 

1563782; 304405, 1563794; 304429, 

1563789; 304479, 1563751; 304493, 

1563746; 304582, 1563737; 304624, 

1563741; 304690, 1563727; 304750, 

1563734; 304786, 1563719; 304794, 

1563708; 304794, 1563686; 304765, 

1563636; 304758, 1563605; 304723, 

1563588; 304708, 1563573; 304683, 

1563490; 304667, 1563465; 304657, 

1563459; 304641, 1563459; 304611, 

1563483; 304586, 1563482; 304570, 

1563497; 304531, 1563517; 304489, 

1563530; 304474, 1563529; 304461, 

1563512; 304434, 1563423; 304413, 

1563389; 304385, 1563357; 304367, 

1563345; 304338, 1563334; 304314, 

1563311; 304244, 1563308; 304171, 

1563273; 304107, 1563257; 304013, 

1563250; 303998, 1563253; 303964, 

1563283; 303940, 1563294; 303926, 

1563349; 303874, 1563345; 303858, 

1563339; 303850, 1563329; 303844, 

1563275; 303852, 1563237; 303892, 

1563228; 303950, 1563198; 303968, 

1563194; 303990, 1563158; 304018, 

1563160; 304049, 1563155; 304099, 

1563163; 304201, 1563127; 304213, 

1563109; 304216, 1563048; 304223, 

1563035; 304234, 1563028; 304252, 

1563031; 304314, 1563067; 304321, 

1563065; 304324, 1563051; 304332, 

1563043; 304394, 1563024; 304397, 

1563008; 304383, 1562960; 304388, 

1562898; 304391, 1562885; 304406, 

1562879; 304436, 1562896; 304481, 

1562945; 304494, 1562947; 304563, 

1562939; 304607, 1562972; 304674, 

1563009; 304740, 1563024; 304799, 

1563053; 304847, 1563054; 304864, 

1563059; 304873, 1563073; 304875, 

1563091; 304856, 1563155; 304857, 

1563163; 304877, 1563174; 304911, 

1563180; 304931, 1563177; 304955, 

1563165; 304966, 1563164; 305029, 

1563211; 305036, 1563224; 305037, 

1563241; 305026, 1563279; 305044, 

1563311; 305043, 1563342; 305006, 

1563380; 304967, 1563439; 304948, 

1563446; 304902, 1563445; 304892, 

1563451; 304895, 1563457; 304926, 

1563472; 304937, 1563482; 304942, 

1563501; 304936, 1563514; 304918, 

1563519; 304883, 1563494; 304868, 

1563502; 304862, 1563511; 304865, 

1563525; 304899, 1563563; 304894, 

1563570; 304855, 1563591; 304847, 

1563606; 304876, 1563674; 304887, 

1563732; 304894, 1563743; 304911, 

1563750; 304920, 1563748; 304943, 

1563727; 304977, 1563752; 305046, 

1563746; 305062, 1563751; 305081, 

1563784; 305100, 1563805; 305149, 

1563831; 305164, 1563844; 305205, 

1563919; 305255, 1563967; 305269, 

1563987; 305269, 1564034; 305279, 

1564060; 305293, 1564075; 305325, 

1564089; 305336, 1564100; 305325, 

1564120; 305311, 1564131; 305291, 

1564139; 305280, 1564149; 305266, 

1564195; 305254, 1564212; 305201, 

1564236; 305185, 1564253; 305176, 

1564277; 305180, 1564335; 305176, 

1564354; 305166, 1564368; 305130, 

1564386; 305107, 1564406; 305061, 

1564482; 304984, 1564553; 304979, 

1564566; 304988, 1564594; 304985, 

1564605; 304954, 1564615; 304930, 

1564637; 304852, 1564669; 304771, 

1564722; 304744, 1564766; 304716, 

1564763; 304681, 1564794; 304673, 

1564810; 304669, 1564832; 304689, 

1564912; 304677, 1564981; 304665, 

1564999; 304629, 1565015; 304614, 

1565043; 304600, 1565052; 304583, 

1565047; 304575, 1565037; 304569, 

1565014; 304570, 1564995; 304579, 

1564967; 304607, 1564940; 304613, 

1564924; 304604, 1564909; 304581, 

1564899; 304558, 1564896; 304503, 

1564900; 304444, 1564919; 304385, 

1564919; 304348, 1564928; 304331, 

1564937; 304326, 1564948; 304338, 

1565014; 304332, 1565017; 304322, 

1565011; 304288, 1564957; 304280, 

1564975; 304262, 1564978; 304255, 

1564985; 304253, 1565027; 304242, 

1565034; 304228, 1565035; 304220, 

1565029; 304215, 1565012; 304207, 

1565004; 304173, 1565015; 304109, 

1565006; 304103, 1564998; 304090, 

1564952; 304080, 1564937; 304053, 

1564920; 303995, 1564904; 303967, 

1564847; 303956, 1564836; 303943, 

1564836; 303926, 1564850; 303913, 

1564855; 303887, 1564852; 303868, 

1564842; 303857, 1564820; 303859, 

1564799; 303876, 1564791; 303945, 

1564781; 303949, 1564777; 303946, 

1564767; 303933, 1564756; 303912, 

1564752; 303868, 1564759; 303849, 

1564756; 303771, 1564713; 303710, 

1564691; 303655, 1564659; 303564, 

1564631; 303553, 1564633; 303546, 

1564643; 303521, 1564743; 303499, 

1564757; 303480, 1564756; 303454, 

1564736; 303441, 1564711; 303404, 

1564670; 303398, 1564657; 303436, 

1564543; 303438, 1564509; 303429, 

1564479; 303393, 1564423; 303296, 

1564316; 303282, 1564278; 303250, 

1564261; 303236, 1564193; 303175, 

1564150; 303082, 1564137; 303062, 

Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 54347 

1564125; 303052, 1564107; 303036, 

1564092. 

(F) Bounded by the following 26 

points (20 ac; 8 ha): 304256, 1565414; 

304308, 1565357; 304346, 1565330; 

304472, 1565298; 304590, 1565251; 

304620, 1565250; 304645, 1565261; 

304690, 1565255; 304727, 1565280; 

304777, 1565289; 304783, 1565297; 

304763, 1565363; 304744, 1565464; 

304735, 1565486; 304715, 1565507; 

304686, 1565508; 304660, 1565521; 

304578, 1565501; 304541, 1565485; 

304509, 1565451; 304503, 1565402; 

304498, 1565394; 304485, 1565388; 

304457, 1565388; 304410, 1565414; 

304382, 1565421. 

(G) Bounded by the following 35 

points (11 ac; 4 ha): 305091, 1563607; 

305046, 1563577; 305022, 1563553; 

305015, 1563522; 305001, 1563499; 

305002, 1563487; 305012, 1563476; 

305061, 1563454; 305086, 1563459; 

305114, 1563484; 305141, 1563495; 

305168, 1563525; 305195, 1563534; 

305247, 1563543; 305243, 1563575; 

305278, 1563639; 305274, 1563687; 

305262, 1563722; 305263, 1563729; 

305291, 1563736; 305355, 1563721; 

305372, 1563721; 305382, 1563732; 

305381, 1563761; 305368, 1563775; 

305332, 1563784; 305308, 1563782; 

305274, 1563768; 305234, 1563743; 

305202, 1563707; 305158, 1563671; 

305150, 1563657; 305149, 1563633; 

305132, 1563611; 305115, 1563602. 

(H) Bounded by the following 18 

points (9 ac; 4 ha): 305348, 1565123; 

305320, 1565080; 305322, 1565051; 

305361, 1565002; 305416, 1564959; 

305431, 1564953; 305452, 1564953; 

305503, 1564970; 305537, 1564975; 

305554, 1564987; 305570, 1565010; 

305577, 1565037; 305570, 1565071; 

305550, 1565102; 305523, 1565121; 

305499, 1565129; 305412, 1565142; 

305390, 1565140. 

(I) Bounded by the following 96 

points (52 ac, 21 ha): 305681, 1564571; 

305654, 1564580; 305620, 1564578; 

305565, 1564595; 305547, 1564592; 

305537, 1564571; 305532, 1564484; 

305527, 1564469; 305511, 1564467; 

305502, 1564474; 305486, 1564499; 

305467, 1564500; 305456, 1564489; 

305453, 1564478; 305455, 1564431; 

305458, 1564418; 305469, 1564405; 

305527, 1564420; 305567, 1564424; 

305612, 1564419; 305641, 1564401; 

305646, 1564382; 305644, 1564358; 

305620, 1564264; 305626, 1564238; 

305640, 1564232; 305731, 1564234; 

305750, 1564230; 305757, 1564225; 

305745, 1564207; 305722, 1564193; 

305699, 1564192; 305645, 1564203; 

305623, 1564195; 305619, 1564181; 

305622, 1564158; 305646, 1564097; 

305677, 1564083; 305781, 1564061; 

305789, 1564055; 305793, 1564024; 

305819, 1563988; 305881, 1563974; 

305897, 1563964; 305938, 1563897; 

305946, 1563858; 305951, 1563774; 

305948, 1563696; 305939, 1563637; 

305922, 1563609; 305861, 1563583; 

305831, 1563543; 305806, 1563520; 

305798, 1563498; 305837, 1563315; 

305862, 1563291; 305893, 1563286; 

305902, 1563291; 305907, 1563301; 

305906, 1563358; 305950, 1563453; 

305953, 1563477; 305949, 1563508; 

305954, 1563523; 305960, 1563526; 

305994, 1563522; 306046, 1563531; 

306057, 1563540; 306063, 1563555; 

306110, 1563573; 306118, 1563592; 

306118, 1563606; 306105, 1563642; 

306071, 1563662; 306059, 1563682; 

306062, 1563709; 306080, 1563772; 

306077, 1563819; 306064, 1563889; 

306006, 1564047; 306002, 1564117; 

305990, 1564133; 305961, 1564145; 

305848, 1564153; 305822, 1564158; 

305803, 1564170; 305793, 1564191; 

305793, 1564205; 305832, 1564256; 

305838, 1564283; 305835, 1564313; 

305821, 1564340; 305807, 1564356; 

305712, 1564414; 305673, 1564451; 

305665, 1564483. 

(J) Bounded by the following 134 

points (92 ac; 37 ha): 306267, 1565331; 

306353, 1565325; 306341, 1565326; 

306400, 1565325; 306433, 1565329; 

306453, 1565341; 306484, 1565382; 

306514, 1565388; 306559, 1565384; 

306598, 1565356; 306621, 1565346; 

306716, 1565329; 306720, 1565333; 

306720, 1565374; 306729, 1565422; 

306716, 1565443; 306684, 1565448; 

306681, 1565467; 306688, 1565481; 

306699, 1565487; 306755, 1565496; 

306816, 1565485; 306955, 1565429; 

307014, 1565397; 307111, 1565330; 

307119, 1565340; 307118, 1565350; 

307055, 1565408; 307034, 1565438; 

307017, 1565445; 307005, 1565460; 

306968, 1565468; 306955, 1565488; 

306957, 1565495; 306969, 1565498; 

307025, 1565488; 307029, 1565496; 

307026, 1565526; 307050, 1565540; 

307066, 1565542; 307204, 1565460; 

307258, 1565412; 307269, 1565394; 

307276, 1565368; 307288, 1565356; 

307369, 1565327; 307451, 1565259; 

307509, 1565229; 307537, 1565210; 

307570, 1565178; 307610, 1565126; 

307746, 1565004; 307839, 1564896; 

307872, 1564877; 307878, 1564878; 

307882, 1564884; 307884, 1564905; 

307873, 1564932; 307783, 1565058; 

307734, 1565112; 307580, 1565259; 

307319, 1565473; 307080, 1565610; 

307035, 1565624; 307014, 1565621; 

306976, 1565592; 306934, 1565568; 

306887, 1565525; 306868, 1565520; 

306815, 1565528; 306718, 1565559; 

306626, 1565562; 306510, 1565585; 

306399, 1565586; 306337, 1565579; 

306331, 1565589; 306345, 1565658; 

306354, 1565736; 306349, 1565806; 

306352, 1565829; 306383, 1565896; 

306399, 1565902; 306440, 1565898; 

306438, 1565928; 306417, 1565948; 

306391, 1565949; 306277, 1565911; 

306256, 1565896; 306205, 1565844; 

306173, 1565823; 306154, 1565817; 

306115, 1565820; 306094, 1565817; 

306042, 1565781; 305989, 1565708; 

305972, 1565692; 305953, 1565683; 

305910, 1565671; 305870, 1565667; 

305844, 1565673; 305795, 1565705; 

305766, 1565717; 305719, 1565718; 

305693, 1565710; 305684, 1565703; 

305674, 1565679; 305677, 1565641; 

305689, 1565625; 305724, 1565609; 

305766, 1565605; 305890, 1565626; 

305937, 1565602; 305969, 1565601; 

305988, 1565595; 306002, 1565572; 

305991, 1565555; 305968, 1565549; 

305920, 1565551; 305909, 1565543; 

305911, 1565530; 305918, 1565520; 

305951, 1565499; 305972, 1565493; 

306026, 1565498; 306076, 1565493; 

306107, 1565505; 306133, 1565507; 

306178, 1565494; 306219, 1565475; 

306231, 1565463; 306221, 1565427; 

306232, 1565386; 306235, 1565356; 

306242, 1565346. 

(K) Bounded by the following 207 

points (355 ac, 144 ha): 305824, 

1565279; 305789, 1565258; 305784, 

1565251; 305785, 1565239; 305801, 

1565217; 305929, 1565095; 305932, 

1565086; 305918, 1565072; 305912, 

1565059; 305919, 1565045; 306024, 

1564981; 306114, 1564950; 306143, 

1564935; 306189, 1564892; 306228, 

1564832; 306234, 1564811; 306232, 

1564774; 306229, 1564764; 306218, 

1564755; 306172, 1564745; 306107, 

1564754; 306095, 1564751; 306119, 

1564647; 306140, 1564643; 306179, 

1564618; 306271, 1564573; 306302, 

1564551; 306326, 1564524; 306369, 

1564511; 306391, 1564451; 306411, 

1564417; 306416, 1564385; 306451, 

1564361; 306476, 1564320; 306512, 

1564285; 306520, 1564269; 306525, 

1564238; 306571, 1564226; 306588, 

1564168; 306658, 1564143; 306684, 

1564127; 306701, 1564108; 306706, 

1564092; 306702, 1564075; 306686, 

1564051; 306674, 1564042; 306639, 

1564039; 306558, 1564052; 306546, 

1564039; 306554, 1564023; 306591, 

1564006; 306708, 1563983; 306772, 

1563964; 306791, 1563953; 306807, 

1563932; 306831, 1563941; 306861, 

1563968; 306910, 1563986; 306925, 

1563998; 306936, 1564022; 306933, 

1564035; 306884, 1564066; 306859, 

1564062; 306794, 1564101; 306774, 

1564120; 306763, 1564146; 306750, 

1564158; 306777, 1564193; 306784, 

1564210; 306782, 1564217; 306757, 

1564222; 306745, 1564235; 306741, 

1564248; 306773, 1564278; 306794, 

54348 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 

1564357; 306816, 1564376; 306835, 

1564377; 306852, 1564364; 306910, 

1564341; 306916, 1564308; 306925, 

1564297; 307000, 1564277; 307031, 

1564262; 307039, 1564252; 307050, 

1564208; 307116, 1564160; 307174, 

1564088; 307185, 1564080; 307219, 

1564074; 307238, 1564065; 307248, 

1564043; 307255, 1564008; 307253, 

1563934; 307259, 1563908; 307274, 

1563879; 307331, 1563809; 307374, 

1563769; 307448, 1563710; 307474, 

1563696; 307493, 1563692; 307505, 

1563698; 307521, 1563719; 307540, 

1563768; 307549, 1563778; 307559, 

1563772; 307590, 1563724; 307608, 

1563710; 307626, 1563711; 307655, 

1563727; 307685, 1563724; 307698, 

1563711; 307703, 1563696; 307696, 

1563628; 307702, 1563589; 307723, 

1563542; 307734, 1563528; 307744, 

1563523; 307756, 1563524; 307765, 

1563534; 307774, 1563582; 307787, 

1563600; 307825, 1563608; 307844, 

1563604; 307852, 1563596; 307861, 

1563558; 307867, 1563553; 307889, 

1563564; 307923, 1563593; 307927, 

1563604; 307921, 1563627; 307936, 

1563675; 307930, 1563733; 307920, 

1563742; 307883, 1563736; 307879, 

1563783; 307884, 1563800; 307893, 

1563814; 307944, 1563854; 307971, 

1563870; 307982, 1563901; 307992, 

1563990; 307991, 1564149; 307988, 

1564195; 307974, 1564273; 307965, 

1564280; 307951, 1564281; 307936, 

1564279; 307930, 1564273; 307920, 

1564120; 307913, 1564102; 307888, 

1564066; 307881, 1564043; 307884, 

1564018; 307901, 1563976; 307896, 

1563936; 307882, 1563914; 307855, 

1563892; 307833, 1563882; 307738, 

1563862; 307724, 1563851; 307698, 

1563804; 307679, 1563790; 307668, 

1563794; 307660, 1563807; 307651, 

1563877; 307626, 1563911; 307620, 

1563912; 307613, 1563901; 307620, 

1563870; 307614, 1563851; 307589, 

1563831; 307560, 1563832; 307551, 

1563859; 307524, 1564171; 307536, 

1564245; 307536, 1564274; 307529, 

1564301; 307479, 1564419; 307468, 

1564503; 307434, 1564587; 307418, 

1564611; 307388, 1564640; 307359, 

1564686; 307320, 1564721; 307306, 

1564740; 307271, 1564752; 307259, 

1564762; 307248, 1564802; 307235, 

1564826; 307155, 1564929; 307101, 

1565031; 306941, 1565211; 306880, 

1565237; 306617, 1565317; 306574, 

1565313; 306447, 1565277; 306389, 

1565255; 306296, 1565255; 306259, 

1565250; 306194, 1565223; 306169, 

1565231; 306155, 1565256; 306145, 

1565262; 306028, 1565253; 305991, 

1565246; 305927, 1565246; 305867, 

1565253. 

(L) Bounded by the following 107 

points (81 ac, 33 ha): 306372, 1562797; 

306403, 1562764; 306427, 1562755; 

306453, 1562754; 306508, 1562763; 

306586, 1562785; 306716, 1562834; 

306746, 1562833; 306800, 1562809; 

306806, 1562794; 306805, 1562779; 

306797, 1562766; 306785, 1562758; 

306715, 1562738; 306706, 1562725; 

306708, 1562711; 306724, 1562696; 

306753, 1562687; 306769, 1562689; 

306785, 1562702; 306796, 1562704; 

306807, 1562695; 306827, 1562660; 

306836, 1562654; 306883, 1562662; 

306923, 1562677; 306933, 1562691; 

306933, 1562707; 306939, 1562720; 

306971, 1562743; 306951, 1562767; 

306947, 1562793; 306958, 1562864; 

306987, 1562890; 306977, 1562913; 

306976, 1562986; 306970, 1563033; 

306978, 1563053; 307007, 1563079; 

307014, 1563093; 306993, 1563114; 

306991, 1563142; 307005, 1563172; 

307041, 1563196; 307061, 1563224; 

307109, 1563376; 307115, 1563433; 

307101, 1563555; 307090, 1563605; 

307081, 1563625; 307041, 1563678; 

306975, 1563692; 306968, 1563704; 

306961, 1563741; 306940, 1563760; 

306895, 1563780; 306846, 1563792; 

306781, 1563803; 306764, 1563798; 

306762, 1563787; 306773, 1563735; 

306750, 1563589; 306754, 1563583; 

306775, 1563588; 306787, 1563583; 

306803, 1563565; 306805, 1563550; 

306795, 1563527; 306784, 1563519; 

306758, 1563521; 306724, 1563550; 

306718, 1563548; 306714, 1563525; 

306726, 1563496; 306757, 1563475; 

306774, 1563453; 306785, 1563420; 

306786, 1563371; 306775, 1563350; 

306757, 1563337; 306692, 1563316; 

306669, 1563300; 306622, 1563226; 

306605, 1563190; 306604, 1563169; 

306612, 1563144; 306622, 1563134; 

306639, 1563129; 306654, 1563136; 

306676, 1563170; 306707, 1563193; 

306752, 1563216; 306766, 1563218; 

306780, 1563215; 306800, 1563165; 

306808, 1563115; 306774, 1562987; 

306764, 1562973; 306739, 1562961; 

306723, 1562946; 306693, 1562893; 

306677, 1562877; 306629, 1562869; 

306539, 1562836; 306441, 1562823; 

306394, 1562826; 306382, 1562817. 

(M) Bounded by the following 69 

points (47 ac, 30 ha): 306858, 1566129; 

306891, 1566009; 306917, 1565936; 

306929, 1565916; 306982, 1565882; 

307028, 1565864; 307063, 1565860; 

307180, 1565888; 307248, 1565881; 

307286, 1565897; 307298, 1565886; 

307308, 1565851; 307318, 1565838; 

307332, 1565837; 307358, 1565846; 

307377, 1565842; 307505, 1565779; 

307601, 1565717; 307612, 1565701; 

307601, 1565695; 307534, 1565713; 

307503, 1565714; 307484, 1565702; 

307479, 1565684; 307498, 1565657; 

307547, 1565628; 307571, 1565607; 

307606, 1565538; 307618, 1565489; 

307628, 1565475; 307745, 1565409; 

307789, 1565409; 307829, 1565429; 

307844, 1565447; 307857, 1565486; 

307858, 1565512; 307852, 1565527; 

307805, 1565571; 307794, 1565595; 

307797, 1565619; 307825, 1565662; 

307834, 1565689; 307808, 1565748; 

307802, 1565778; 307813, 1565781; 

307892, 1565745; 307958, 1565725; 

307992, 1565724; 308008, 1565734; 

308007, 1565752; 307998, 1565762; 

307875, 1565825; 307834, 1565866; 

307814, 1565879; 307743, 1565910; 

307628, 1565928; 307491, 1565976; 

307455, 1565998; 307428, 1566032; 

307412, 1566044; 307254, 1566105; 

307143, 1566130; 307118, 1566145; 

307054, 1566200; 307032, 1566199; 

306993, 1566178; 306951, 1566179; 

306896, 1566171; 306871, 1566153. 

(iii) Note: Map 1 of the critical habitat 

for Rota bridled white-eye follows: 

Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 54349 

* * * * * 

Dated: September 7, 2005. 

Craig Manson, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 05–18051 Filed 9–13–05; 8:45 am] 

BILLING CODE 4310–55–P 


EP14SE05.001</GPH>