Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 46867 

Executive Order 13211—Energy Supply, 

Distribution, and Use 

On May 18, 2001, the President issued 

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. OMB’s guidance for 

implementing this Executive Order 

outlines nine outcomes that may 

constitute ‘‘a significant adverse effect’’

when compared to no regulatory action. 

The DEA finds none of these criteria 

relevant to this analysis (Chapter 4 of 

the DEA). Thus, based on information in 

the DEA, we do not expect conservation 

activities within proposed critical 

habitat for the 12 Hawaiian picture-wing 

fly species to lead to energy-related 

impacts. As such, we do not expect the 

proposed designation of critical habitat 

to significantly affect energy supplies, 

distribution, or use, and a Statement of 

Energy Effects is not 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), 

we make the following findings: 

(a) The 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, local, or 

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, 

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, local, or tribal 

governments ‘‘lack authority’’ to adjust 

accordingly. ‘‘Federal private sector 

mandate’’ includes a regulation that 

‘‘would impose an enforceable duty 

upon the private sector, except as (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. Non-Federal 

entities that receive Federal funding, 

assistance, permits, or otherwise require 

approval or authorization from a Federal 

agency for an action, may be indirectly 

impacted by the designation of critical 

habitat. However, the legally binding 

duty to avoid destruction or adverse 

modification of critical habitat rests 

squarely on the Federal agency. 

Furthermore, to the extent that nonFederal 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 on to 

State governments. 

(b) We do not believe that the 

proposed designation will significantly 

or uniquely affect small governments 

because it will not produce a Federal 

mandate of $100 million or greater in 

any year, that is, it is not a ‘‘significant 

regulatory action’’ under the Unfunded 

Mandates Reform Act. The proposed 

designation of critical habitat imposes 

no obligations on State or local 

governments. The SBA does not 

consider the Federal Government to be 

a small governmental jurisdiction or 

entity. Consequently, we do not believe 

that the revised critical habitat 

designation would significantly or 

uniquely affect small government 

entities. As such, a Small Government 

Agency Plan is not required. 

Executive Order 12630—Takings 

In accordance with E.O. 12630 

(‘‘Government Actions and Interference 

with Constitutionally Protected Private 

Property Rights’’), we have analyzed the 

potential takings implications of 

proposing critical habitat for the 12 

Hawaiian picture-wing fly species in a 

takings implications assessment. The 

takings implications assessment 

concludes that the proposed designation 

of critical habitat for the 12 Hawaiian 

picture-wing fly species does not pose 

significant takings implications for 

lands within or affected by the proposed 

designation. 

Authors 

The primary authors of this notice are 

the staff of the Endangered Species 

Program, Pacific Region, U.S. Fish and 

Wildlife Service. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

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

Dated: August 4, 2008. 

David M. Verhey, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. E8–18519 Filed 8–11–08; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R1–ES–2008–0073; 14420–1113–

0000–C5] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition To Remove the Bliss Rapids 

Snail (Taylorconcha serpenticola) 

From the List of Endangered and 

Threatened Wildlife; Notice of 

Document Availability. 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of document availability. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

availability of new information that may 

impact our status review for the Bliss 

Rapids snail (Taylorconcha 

serpenticola). This information has 

become available since the close of the 

comment period on our 90-day finding 

(72 FR 31250) on a petition to remove 

the Bliss Rapids snail from the Federal 

List of Endangered and Threatened 

Wildlife, pursuant to the Endangered 

Species Act of 1973, as amended (Act). 

Interested members of the public are 

invited to submit comments on this new 

information as it applies to the listing 

status of the Bliss Rapids snail. 

DATES: To ensure consideration in the 

12-month finding on this petition, 

comments and information should be 

submitted to us by August 27, 2008. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: Docket 

FWS–R1–ES–2008–0073; Division of 

Policy and Directives Management; U.S. 

Fish and Wildlife Service; 4401 N. 

Fairfax Drive, Suite 222; Arlington, VA 

22203. 

We will not accept e-mail or faxes. We 

will post all comments on: http:// 

www.regulations.gov. This generally 


yshivers on PROD1PC62 with PROPOSALS
46868 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 

means that we will post any personal 

information you provide us (see below 

for more information). 

FOR FURTHER INFORMATION CONTACT: 

Jeffery L. Foss, Field Supervisor, U.S. 

Fish and Wildlife, Service Snake River 

Fish and Wildlife Office, by mail at 

1387 S. Vinnell Way, Room 368, Boise, 

ID 83709; by telephone at 208/378–

5243; by facsimile at 208/378–5262; or 

by electronic mail at: 

fw1srbocomment@fws.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 26, 2006, we received a 

petition filed by the State of Idaho and 

the Idaho Power Company to remove 

the Bliss Rapids snail from the Federal 

List of Endangered and Threatened 

Wildlife in accordance with the 

provisions of section 4 of the Act. 

On June 6, 2007, we published a 

substantial 90-day finding on the 

petition to remove the Bliss Rapids snail 

from the List of Endangered and 

Threatened Wildlife (72 FR 31250), 

initiated a status review, and opened a 

60-day public comment period. 

Subsequent to the public comment 

period, new information has become 

available that is relevant to our status 

review. To ensure that the status review 

is complete and based on the best 

available scientific information, we are 

soliciting information on this new 

information as it relates to the listing 

status of the Bliss Rapids snail. The new 

information includes a draft status 

review for the Bliss Rapid Snail (Draft 

Status Review), prepared in February 

2008; peer reviews of the Draft Status 

Review; a manuscript examining the 

genetic structure of Bliss Rapids snail 

populations; and documentation from a 

recent expert panel convened to assess 

the status of the Bliss Rapids snail. 

Comments particularly are sought 

concerning: 

(1) Information and data in the Draft 

Status Review; 

(2) Peer review comments on the Draft 

Status Review; 

(3) The relevance of the new genetic 

information to the listing status of the 

Bliss Rapids snail; 

(4) Information and data used by the 

expert panel; and, 

(5) The expert panel’s discussion of 

threats to the Bliss Rapids snail and 

ongoing conservation actions or 

regulatory actions that address these 

threats. 

These materials are available for 

review at the following Web sites: 

http://www.regulations.gov. 

http://www.fws.gov/idaho/Index.cfm. 

If you wish to comment, you may 

submit your comments and materials 

concerning this new information related 

to the petition finding by one of the 

methods listed in the ADDRESSES

section. 

If you submit information via http:// 

www.regulations.gov, your entire 

submission—including your personal 

identifying information—will be posted 

on the Web site. If your submission is 

made via a hardcopy that includes 

personal identifying information, you 

may request at the top of your document 

that we withhold this information from 

public review. However, we cannot 

guarantee that we will be able to do so. 

We will post all hardcopy submissions 

on http://www.regulations.gov. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this petition finding, 

will be available for public inspection 

on http://www.regulations.gov, or by 

appointment, during normal business 

hours at the U.S. Fish and Wildlife 

Service Snake River Fish and Wildlife 

Office, 1387 S. Vinnell Way, Room 368, 

Boise, ID 83709; by telephone at 208/ 

378–5243. 

Author 

The primary authors of this notice are 

staff of the Snake River Fish and 

Wildlife Office, U.S. Fish and Wildlife 

Service. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

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

Dated: July 24, 2008. 

Kenneth Stansell, 

Acting Director, Fish and Wildlife Service. 

[FR Doc. E8–18310 Filed 8–11–08; 8:45 am] 

BILLING CODE 4310–55–P 


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