Federal Register / Vol. 66, No. 36 / Thursday, February 22, 2001 / Proposed Rules 11131

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

For the reasons discussed in the

preamble, the Federal Communications

Commission proposes to amend 47 CFR

part 73 as follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under New York, is

amended by removing Channel 270A

and adding Channel 246A at Alfred;

removing Channel 246A and adding

Channel 270A at Canaseraga; removing

Channel 270A and adding Channel

270B1 at Jamestown.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–4322 Filed 2–21–01; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AH70

Endangered and Threatened Wildlife

and Plants; Determinations of

Prudency and Proposed Designations

of Critical Habitat for Plant Species

From the Islands of Maui and

Kahoolawe, Hawaii

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; reopening of

comment period, and public hearing

announcement.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) gives notice of a public

hearing on the prudency determinations

for 38 plants, and the proposed critical

habitat designations for 50 plants from

the islands of Maui and Kahoolawe,

Hawaii. In addition, the comment

period which originally closed on

February 16, 2001, will be reopened.

The new comment period and hearing

will allow all interested parties to

submit oral or written comments on the

proposal. We are seeking comments or

suggestions from the public, other

concerned agencies, the scientific

community, industry, or any other

interested parties concerning the

proposed rule. Comments already

submitted on the proposed rule need

not be resubmitted as they will be fully

considered in the final determination.

DATES: The comment period for this

proposal now closes on April 2, 2001.

Any comments received by the closing

date will be considered in the final

decision on this proposal. The public

hearing will be held from 1:00 p.m. to

3:00 p.m. and 6:00 p.m. to 8:00 p.m. on

March 20, 2001, on the island of Maui,

Hawaii. Prior to the public hearing, the

Service will be available from 12:30 to

1:00 p.m. and from 5:30 p.m. to 6:00

p.m. to provide information and to

answer questions. The Service will also

be available for questions after each

hearing session.

ADDRESSES: Comments and materials

concerning this proposal should be sent

to the Field Supervisor, U.S. Fish and

Wildlife Service, Pacific Islands

Ecoregion Office, 300 Ala Moana

Boulevard, Room 3–122, P.O. Box

50088, Honolulu, Hawaii 96850.

Comments and materials received will

be available for public inspection, by

appointment, during normal business

hours at the above address.

The public hearing will be held at the

Renaissance Wailea Beach Resort,

Wailea Ballroom, 3550 Wailea Alanui

Drive, Wailea, Hawaii.

FOR FURTHER INFORMATION CONTACT: Paul

Henson, at the above address, phone

808–541–3441, facsimile 808–541–3470.

SUPPLEMENTARY INFORMATION:

Background

On December 18, 2000, the Service

published notice of prudency

determinations for 38 plant species and

proposed designations of critical habitat

for 50 plant species from the islands of

Maui and Kahoolawe, Hawaii, pursuant

to the Endangered Species Act of 1973,

as amended (Act) in the Federal

Register (65 FR 79192). The original

comment period closed on February 16,

2001. The comment period now closes

on April 2, 2001. Written comments

should be submitted to the Service (see

ADDRESSES section).

A total of 69 species historically

found on Maui and Kahoolawe were

listed as endangered or threatened

species under the Act between 1991 and

1999. Some of these species may also

occur on other Hawaiian islands. At the

time each plant was listed, with the

exception of six species, we determined

that designation of critical habitat was

not prudent because designation would

increase the degree of threat to the

species and/or would not benefit the

species. We determined that designation

of critical habitat was prudent for

Clermontia samuelii, Cyanea copelandii

ssp. haleakalaensis, Cyanea glabra,

Cyanea hamatiflora ssp. hamatiflora,

Dubautia plantaginea ssp. humilis, and

Kanaloa kahoolawensis at the time of

their listing in 1999.

Due to litigation, we reconsidered our

previous prudency determinations for

63 plants. From this review, we are

proposing that critical habitat is prudent

for 37 of these species because the

potential benefits of designating critical

habitat essential for the conservation of

these species outweigh the risks of

designation. We are proposing that the

designation of critical habitat is not

prudent for one species, Acaena exigua,

because such designation would be of

no benefit to this species, which may be

extinct and for which no genetic

material is currently known. In another

proposed rule we determined that

critical habitat was prudent for 11

species that occur on Maui and/or

Kahoolawe as well as on Kauai (65 FR

66808). The remaining 14 species

historically found on Maui and/or

Kahoolawe, no longer occur on these

islands. However, these species do

occur on other islands, so proposed

prudency determinations will be made

in future rules addressing plants on

those islands.

This proposed rule also proposes

designation of critical habitat for 50

plant species. Fifty-two critical habitat

units, covering 13,574 hectares (33,614

acres) on Maui and 4 units covering 207

hectares (512 acres) on Kahoolawe are

proposed for designation.

Section 4(b)(5)(E) of the Act (16 U.S.C.

1531 et seq.), requires that a public

hearing be held if it is requested within

45 days of the publication of a proposed

rule. In response to a request from a

government agency of the State of

Hawaii, the Service will hold a public

hearing on the date and at the address

described in the DATES and ADDRESSES

sections above.

Anyone wishing to make an oral

statement for the record is encouraged

11132 Federal Register / Vol. 66, No. 36 / Thursday, February 22, 2001 / Proposed Rules

to provide a written copy of their

statement and present it to the Service

at the hearing. In the event there is a

large attendance, the time allotted for

oral statements may be limited. Oral and

written statements receive equal

consideration. There are no limits to the

length of written comments presented at

the hearing or mailed to the Service.

Legal notices announcing the date, time,

and location of the public hearing will

be published in newspapers

concurrently with the Federal Register

notice.

Comments from the public regarding

the accuracy of this proposed rule are

sought, especially regarding:

(1) The reasons why critical habitat

for any of these species is prudent or not

prudent;

(2) The reasons why any particular

area should or should not be designated

as critical habitat for any of these

species;

(3) Specific information on the

amount and distribution of habitat for

any of these species;

(4) Land use practices and current or

planned activities in the subject areas

and their possible impacts on proposed

critical habitat;

(5) Any economic or other relevant

impacts resulting from the proposed

designations of critical habitat,

including any impacts on small entities

or families; and

(6) Economic and other potential

values associated with designating

critical habitat for the 50 plant species

such as those derived from nonconsumptive uses (e.g., hiking, camping,

birding, enhanced watershed protection,

increased soil retention, ‘‘existence

values’’, and reductions in

administrative costs).

Reopening of the comment period

will enable the Service to respond to the

request for a public hearing on the

proposed action. The comment period

on this proposal now closes on April 2,

2001. Written comments should be

submitted to the Service office listed in

the ADDRESSES section.

Author

The primary authors of this notice are

Christa Russell and Michelle Stephens

(see ADDRESSES section).

Authority: The authority for this action is

the Endangered Species Act of 1973 (16

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

Dated: February 13, 2001.

Rowan W. Gould,

Acting Regional Director, Region 1, Fish and

Wildlife Service.

[FR Doc. 01–4379 Filed 2–21–01; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AH08

Endangered and Threatened Wildlife

and Plants; Determinations of Whether

Designation of Critical Habitat is

Prudent for 20 Plant Species and the

Proposed Designations of Critical

Habitat for 32 Plant Species From the

Island of Molokai, Hawaii

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; extension of

comment period, and public hearing

announcement.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) gives notice of a public

hearing on the prudency determinations

for 20 plants, and the proposed critical

habitat designations for 32 plants from

the island of Molokai, Hawaii. In

addition, the comment period which

will close on February 27, 2001, will be

extended. The new comment period and

hearing will allow all interested parties

to submit oral or written comments on

the proposal. We are seeking comments

or suggestions from the public, other

concerned agencies, the scientific

community, industry, or any other

interested parties concerning the

proposed rule. Comments already

submitted on the proposed rule need

not be resubmitted as they will be fully

considered in the final determination.

DATES: The comment period for this

proposal now closes on April 2, 2001.

Any comments received by the closing

date will be considered in the final

decision on this proposal. The public

hearing will be held from 6:00 p.m. to

8:00 p.m. on March 21, 2001, on the

island of Molokai, Hawaii. Prior to the

public hearing, the Service will be

available from 5:30 p.m. to 6:00 p.m. to

provide information and to answer

questions. The Service will also be

available for questions after the hearing.

ADDRESSES: Comments and materials

concerning this proposal should be sent

to the Field Supervisor, U.S. Fish and

Wildlife Service, Pacific Islands

Ecoregion Office, 300 Ala Moana

Boulevard, Room 3–122, P.O. Box

50088, Honolulu, Hawaii 96850.

Comments and materials received will

be available for public inspection, by

appointment, during normal business

hours at the above address.

The public hearing will be held at the

Mitchell Pauole Center Hall, 90 Ainoa

Street, Kaunakakai, Hawaii.

FOR FURTHER INFORMATION CONTACT: Paul

Henson, at the above address, phone

808–541–3441, facsimile 808–541–3470.

SUPPLEMENTARY INFORMATION:

Background

On December 29, 2000, the Service

published notice of prudency

determinations for 20 plant species and

proposed designations of critical habitat

for 32 plant species from the island of

Molokai, Hawaii, pursuant to the

Endangered Species Act of 1973, as

amended (Act) in the Federal Register

(65 FR 83158). The original comment

period will close on February 27, 2001.

The comment period now closes on

April 2, 2001. Written comments should

be submitted to the Service (see

ADDRESSES section).

A total of 49 species historically

found on Molokai were listed as

endangered or threatened species under

the Act between 1991 and 1999. Some

of these species may also occur on other

Hawaiian islands. At the time each

plant was listed, with the exception of

one species, we determined that

designation of critical habitat was not

prudent because designation would

increase the degree of threat to the

species and/or would not benefit the

species. We determined that designation

of critical habitat was prudent for

Labordia triflora at the time of its listing

in 1999.

Due to litigation, we reconsidered our

previous prudency determinations for

48 plants. From this review, we are

proposing that critical habitat is prudent

for 19 of these species because the

potential benefits of designating critical

habitat essential for the conservation of

these species outweigh the risks of

designation. We are proposing that the

designation of critical habitat is not

prudent for one species, Pritchardia

munroi, because it would likely increase

the threat from vandalism or collection

of this species on Molokai. In other

proposed rules we determined that

critical habitat was prudent for 19

species that occur on Molokai as well as

on Kauai, Niihau, Maui, Kahoolawe,

and/or Lanai (65 FR 66808; 65 FR

79192; 65 FR 82086). The remaining

nine species historically found on

Molokai, no longer occur on this island.

However, these species do occur on

other islands, so proposed prudency

determinations will be made in future

rules addressing plants on those islands.

This proposed rule also proposes

designation of critical habitat for 32

plant species. Twenty-eight critical

habitat units, covering 6,446 hectares

(15,930 acres) (these numbers were

incorrectly given as 6,163 hectares

(15,228 acres) in 65 FR 83158), are