        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        [FWS-R1-ES-2007-0024; 92210-1113-0000-C6]
        RIN 1018-AU96
        Endangered and Threatened Wildlife and Plants; Removing the Hawaiian Hawk From the Federal List of Endangered and Threatened Wildlife

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rule; notice of public hearings; reopening of public comment period.

          SUMMARY:

          We, the U.S. Fish and Wildlife Service (Service), announce the schedule of public hearings on the proposed rule to remove (delist) the Hawaiian hawk (Buteo solitarius) from the Federal List of Endangered and Threatened Wildlife and the reopening of the public comment period on this proposed action. The public is invited to review and comment on the proposed rule and on the draft post-delisting monitoring plan (draft PDM Plan) for the Hawaiian hawk at the scheduled public hearings or in writing.

          DATES:
          We will hold public hearings on the Island of Hawaii on June 30, 2009, at the Pu`ueo Community Center, 145 Wainaku Street, Hilo, Hawaii, from 6 p.m. to 8 p.m., and on July 1, 2009, at Yano Hall, 82-6156 Mamalahoa Highway, Captain Cook, Hawaii, from 6 p.m. to 8 p.m. The public hearings are being held to provide interested parties an opportunity to comment on the proposed rule and draft PDM Plan. We will also accept written comments on or before August 4, 2009.

          ADDRESSES:

          The proposed rule to delist the Hawaiian hawk and the draft PDM Plan may be downloaded from our Web site at http://www.fws.gov/pacificislands. To request a hardcopy of the proposed rule or the draft PDM Plan, write to: Field Supervisor, Attention: Hawaiian Hawk Proposed Delisting/Draft PDM Plan, Pacific Islands Fish and Wildlife Office, U.S. Fish and Wildlife Service, 300 Ala Moana Blvd., Rm. 3-122, Box 50088, Honolulu, Hawaii 96850; or call 808-792-9400, or send an e-mail request to jay_nelson@fws.gov.
          You may submit comments by one of the following methods:
          • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments to docket number FWS-R1-ES-2007-0024.

          • U.S. mail or hand-delivery: Public Comments Processing, Attn: RIN 1018-AU96; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203.
          • Verbal testimony or delivery of written comments to hearing officials at the public hearing.
          We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Availability of Comments section below for more information).

          FOR FURTHER INFORMATION CONTACT:
          Field Supervisor, Pacific Islands Fish and Wildlife Office, P.O. Box 50088, Honolulu, HI 96850; (telephone 808/792-9400). Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800/877-8339, 24 hours a day, 7 days a week.

        SUPPLEMENTARY INFORMATION:
        Background

        We published a proposed rule to remove (delist) the Hawaiian hawk from the Federal List of Endangered and Threatened Wildlife, due to recovery, on August 6, 2008, with a 60-day comment period that closed on October 6, 2008 (73 FR 45680). In response to public requests for additional dialogue on our proposed rule we held two public information meetings, one on January 28, 2009, at the Pu`ueo Community Center, in Hilo, Hawaii, and the second on January 29, 2009, in Captain Cook, Hawaii. At those public meetings we presented information on our proposed delisting rule and draft PDM Plan and responded to questions. On February 11, 2009, we formally announced the availability of the draft PDM Plan for the Hawaiian hawk and reopened a 60-day public comment period that closed on April 13, 2009 (74 FR 6853). At the public meetings held on January 28 and 29, 2009, we received requests to hold a public hearing regarding our proposed delisting rule for the hawk. In response, we have scheduled two public hearings on the Island of Hawaii (see DATES) and are reopening the public comment period.
        Viewing Documents

        Comments and materials we receive, as well as supporting documentation we used in preparing the draft PDM Plan and proposed rule, will be available for public inspection on http://www.regulations.gov docket number FWS-R1-ES-2007-0024, or by appointment, during normal business hours at the U.S. Fish and Wildlife Service Pacific Islands Fish and Wildlife Office (see ADDRESSES section above).
        Public Comments Solicited
        We intend that any final action resulting from the proposal will be as accurate and as effective as possible. Therefore, we solicit comments or suggestions from the public, concerned governmental agencies, the scientific community, industry, or any other interested party concerning the proposed rule or draft PDM plan. If you previously submitted comments on the proposed delisting rule or draft PDM plan, please do not resubmit them, as we have already incorporated them into the public record and will fully consider them in our final decision.
        Public Availability of Comments
        Before including your address, phone number, electronic mail address, or other personal identifying information in your comment, you should be aware that your entire document—including your personal identifying information—may be publicly available at any time. While you may request at the top of your document that we withhold this information from public review, we cannot guarantee that we will be able to do so.
        Authority

        The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

          Dated: May 28, 2009.
          Stephen Guertin,
          Acting Director, U.S. Fish and Wildlife Service.

      [FR Doc. E9-13116 Filed 6-4-09; 8:45 am]
      BILLING CODE 4310-55-P


        NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
        48 CFR Parts 1852 and 1872
        Broad Agency Announcements

          AGENCY:
          National Aeronautics and Space Administration (NASA).

          ACTION:
          Proposed rule.

          SUMMARY:
          This is a proposed rule to amend the NASA FAR Supplement (NFS) to require consideration of safety and risk-based acquisition management (RBAM) in NASA's broad agency announcements (BAAs). Two types of BAAs used by NASA include the Announcement of Opportunity (AO) and the NASA Research Announcement (NRA).

          DATES:
          Comments should be submitted on or before October 30, 2001.

          ADDRESSES:

          Interested parties should submit written comments to Rex T. Elliott, NASA Headquarters, Office of Procurement, Analysis Division (Code HC), Washington, DC 20546. Comments may also be submitted by e-mail to relliott@hq.nasa.gov.

          FOR FURTHER INFORMATION CONTACT:

          Rex Elliott, NASA, Office of Procurement, Analysis Division (Code HC), (202) 358-4418, or e-mail: relliott@hq.nasa.gov.

        SUPPLEMENTARY INFORMATION:
        A. Background
        NASA recently made several changes to the NFS to address safety and RBAM in the acquisition planning processes for negotiated procurements. This proposed rule would make corresponding changes to the proposal preparation and evaluation processes for NRAs and AOs, allowing NASA to consider safety and RBAM as part of the proposal selection done under NASA's broad agency announcements. This change will ensure consistency in the way safety and RBAM are treated in all NASA acquisitions.
        B. Regulatory Flexibility Act
        NASA certifies that this proposed rule will not have a significant economic impact on a substantial number of small business entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because it does not impose new requirements. Rather it focuses attention on safety and risk management which are inherent in any resultant effort under AO's and NRA's.
        C. Paperwork Reduction Act
        The Paperwork Reduction Act does not apply because the proposed changes to the NFS do not impose any record keeping or information collection requirements, or collections of information from offerors, contractors, or members of the public that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.

          List of Subjects in 48 CFR Parts 1852 and 1872
          Government procurement.

          Tom Luedtke,
          Associate Administrator for Procurement.

        Accordingly, 48 CFR Parts 1852 and 1872 are proposed to be amended as follows:
        1. The authority citation for 48 CFR 1852 and 1872 continues to read as follows:

          Authority:
          42 U.S.C. 2473(c)(1).

          PART 1852—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
          2. Amend the clause at section 1852.235-72 by revising the month and year of the clause, redesignating paragraph (c)(11)(ii) as (c)(11)(iii), and adding a new paragraph (c)(11)(ii) to read as follows:

            1852.235-72
            Instructions for Responding to NASA Research Announcements.

            INSTRUCTIONS FOR RESPONDING TO NASA RESEARCH ANNOUNCEMENTS (XXXX)

            (c) * * *
            (11) * * *
            (ii) Identify and discuss risk factors and issues throughout the proposal where they are relevant, and your approach to managing these risks.

          PART 1872—ACQUISITION OF INVESTIGATIONS
          3. Amend paragraph (b) of section 1872.303 by adding the words “Office of Safety and Mission Assurance,” immediately after “Office of General Counsel,”.
          4. Amend section 1872.307 by adding the following sentence at the end of paragraph (b) to read as follows:

            1872.307
            Guidelines for proposal preparation.
            * * * The investigator shall be required to identify and discuss risk factors and issues throughout the proposal where they are relevant, and describe the investigator's approach to managing these risks.
            5. Amend section 1872.402 by redesignating paragraph (b)(7) as (b)(8), and adding a new paragraph (b)(7) to read as follows:

            1872.402
            Criteria for evaluation.

            (b) * * *
            (7) The proposed approach to managing risk (e.g. level of technology maturity being applied or developed, technical complexity, performance specifications and tolerances, delivery schedule, etc.).

            6. Amend section 1872.705 by redesignating paragraphs II, III, IV, V, VI, VII, VIII and IX as III, IV, V, VI, VII, VIII, IX, and X respectively, and adding a new paragraph II to read as follows:

            1872.705
            Format of Announcement of Opportunity (AO).

            II. NASA's Safety Priority.

            Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment. NASA's safety priority is to protect: (1) the public, (2) astronauts and pilots, (3) the NASA workforce (including NASA employees working under NASA instruments), and (4) high-value equipment and property.

      [FR Doc. 01-21994 Filed 8-30-01; 8:45 am]
      BILLING CODE 7510-01-P


        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        [Docket No. FWS-R4-ES-2013-0007; 4500030113]
        RIN 1018-AZ30
        Endangered and Threatened Wildlife and Plants; Designating Critical Habitat for the Neosho Mucket and Rabbitsfoot

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rule; reopening of comment period.

          SUMMARY:

          We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on our October 16, 2012, proposed designation of critical habitat for the Neosho mucket (Lampsilis rafinesqueana) and rabbitsfoot (Quadrula cylindrica cylindrica) mussels under the Endangered Species Act of 1973, as amended (Act). In response to requests we received, we are reopening the comment period to allow all interested parties an opportunity to comment on the proposed designation of critical habitat, draft environmental assessment, and draft economic analysis. Comments previously submitted need not be resubmitted, as they will be fully considered in our determinations on this rulemaking action.

          DATES:

          For the proposed rule published October 16, 2012 (77 FR 63440), we will consider all comments received or postmarked on or before October 28, 2013. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on the closing date.

          ADDRESSES:

            Document availability: You may obtain copies of the proposed rule on the Internet at http://www.regulations.gov at Docket No. FWS-R4-ES-2012-0031, or by mail from the Arkansas Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). You may obtain a copy of the draft economic analysis and the draft environmental assessment at Docket No. FWS-R4-ES-2013-0007.

            Comment submission: You may submit written comments by one of the following methods:
          (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. Search for Docket No. FWS-R4-ES-2013-0007.
          (2) By hard copy: Submit comments by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R4-ES-2013-0007; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA 22203.

          We request that you send comments only by the methods described above. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments section below for more information).

          FOR FURTHER INFORMATION CONTACT:
          Jim Boggs, Field Supervisor, U.S. Fish and Wildlife Service, Arkansas Ecological Services Field Office, 110 South Amity  Road, Suite 300, Conway, AR 72032; by telephone 501-513-4475; or by facsimile 501-513-4480. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339.

        SUPPLEMENTARY INFORMATION:
        Background

        On October 16, 2012, the Service published a proposed rule in the Federal Register (77 FR 63440) to list the Neosho mucket (Lampsilis rafinesqueana) as an endangered species and the rabbitsfoot (Quadrula cylindrica cylindrica) as a threatened species under the Act and to designate critical habitat for these two mussels. We proposed to designate approximately 779.1 river kilometers (rkm) (484.1 river miles (rmi)) of critical habitat for the Neosho mucket in the Cottonwood, Elk, Fall, Illinois, Neosho, Shoal, Spring, North Fork Spring, and Verdigris Rivers in Arkansas, Kansas, Missouri, and Oklahoma. The proposed critical habitat for the Neosho mucket is located in:
        • Benton and Washington Counties, Arkansas;
        • Allen, Chase, Cherokee, Coffey, Elk, Greenwood, Labette, Montgomery, Neosho, Wilson, and Woodson Counties, Kansas;
        • Jasper, Lawrence, McDonald, and Newton Counties, Missouri; and
        • Adair, Cherokee, and Delaware Counties, Oklahoma.

        We proposed to designate 2,664 rkm (1,655 rmi) of critical habitat for the rabbitsfoot in the Neosho, Spring (Arkansas River system), Verdigris, Black, Buffalo, Little, Ouachita, Saline, Middle Fork Little Red, Spring (White River system), South Fork Spring, Strawberry, White, St. Francis, Big Sunflower, Big Black, Paint Rock, Duck, Tennessee, Red, Ohio, Allegheny, Green, Tippecanoe, Walhonding, Middle Branch North Fork Vermilion, and North Fork Vermilion Rivers and Bear, French, Muddy, Little Darby and Fish Creeks in Alabama, Arkansas, Kansas, Kentucky, Illinois, Indiana, Mississippi, Missouri, Ohio, Oklahoma, Pennsylvania, and Tennessee. The proposed critical habitat for the rabbitsfoot is located in:
        • Colbert, Jackson, Madison, and Marshall Counties, Alabama;
        • Arkansas, Ashley, Bradley, Clark, Cleveland, Dallas, Drew, Fulton, Grant, Hot Spring, Independence, Izard, Jackson, Lawrence, Little River, Marion, Monroe, Montgomery, Newton, Ouachita, Randolph, Saline, Searcy, Sevier, Sharp, Van Buren, White, and Woodruff Counties, Arkansas;
        • Allen and Cherokee Counties, Kansas;
        • Ballard, Green, Hart, Livingston, Logan, Marshall, and McCracken Counties, Kentucky;
        • Massac, Pulaski, and Vermilion Counties, Illinois;
        • Carroll, Pulaski, Tippecanoe, and White Counties, Indiana;
        • Hinds, Sunflower, Toshimingo, and Warren Counties, Mississippi;
        • Jasper, Madison, and Wayne Counties, Missouri;
        • Coshocton, Madison, Union, and Williams Counties, Ohio;
        • McCurtain and Rogers Counties, Oklahoma;
        • Crawford, Erie, Mercer, and Venango Counties, Pennsylvania; and
        • Hardin, Hickman, Marshall, Maury, and Robertson Counties, Tennessee.

        That proposal had a 60-day comment period, ending December 17, 2012.
        On May 9, 2013, we announced the reopening of the comment period for the proposed listing of Neosho mucket and rabbitsfoot and the availability of our draft environmental assessment (DNEPA-EA) and draft economic analysis (DEA) of the proposed critical habitat (78 FR 27171). The comment period was reopened for 30 days, ending on June 10, 2013. We received two requests for the reopened comment period to be extended so that the public could have additional time to review the draft environmental assessment and draft economic analysis. The requests were from Senator Mark Pryor of Arkansas and the Kansas Farm Bureau. Therefore, with this notice we are reopening the comment period on the proposed designation of critical habitat and the draft EA and NEPA-EA for an additional 60 days.

        Pursuant to a court-ordered deadline, we must make a final determination on whether to list Neosho mucket and rabbitsfoot by September 30, 2013. Although we published the proposal to list the species and the proposal to designate critical habitat on October 16, 2012, as one rule, we intend to publish the final rule listing the species and the final determination on critical habitat separately. Additionally, in order to allow additional opportunity for public comment on the critical habitat proposal, we plan to publish the final critical habitat determination later than the listing determination.
        Additional information may be found in the October 16, 2012, proposed rule (77 FR 63440) and the May 9, 2013, reopening of the comment period and availability of the draft environmental assessment and draft economic analysis (78 FR 27171).
        Public Comments

        We are again seeking written comments and information during this reopened comment period on our proposed designation of critical habitat for Neosho mucket and rabbitsfoot that published in the Federal Register on October 16, 2012 (77 FR 63440), and on our draft environmental assessment and draft economic analysis of the proposed critical habitat designation and the amended required determinations that were made available for review on May 9, 2013 (78 FR 27171).
        With regard to the proposed critical habitat determination, we are particularly interested in comments concerning:
        (1) The reasons why we should or should not designate habitat as “critical habitat” under section 4 of the Act, including whether there are threats to the species from human activity, the degree of which can be expected to increase due to the designation, and whether that increase in threat outweighs the benefit of designation such that the designation of critical habitat is not prudent.
        (2) Specific information on:
        (a) The amount and distribution of the species' habitat;
        (b) What areas occupied by the species at the time of listing that contain features essential for the conservation of the species we should include in the designation and why;
        (c) Special management considerations or protection that may be needed in critical habitat areas we are proposing, including managing for the potential effects of climate change; and
        (d) What areas not occupied at the time of listing 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 relevant impacts that may result from designating any area that may be included in the final designation. We are particularly interested in any impacts on small entities and the benefits of including or excluding areas from the proposed designation that are subject to these impacts.
        (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 submitted comments or information on the proposed rule (77 FR 63440) during the initial comment period from October 16, 2012, to December 17, 2012, or the reopened comment period (78 FR 27171) from May 9, 2013, to June 10, 2013, please do not resubmit them. We have incorporated them into the public record as part of the original comment period, and we will fully consider them in our final determinations.

        You may submit your comments and materials concerning the proposed rules by one of the methods listed in ADDRESSES. We request that you send comments only by the methods described in ADDRESSES.
        If you submit a comment via http://www.regulations.gov, your entire comment—including any personal identifying information—will be posted on the Web site. We will post all hardcopy comments on http://www.regulations.gov as well. If you submit a hardcopy comment 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.

        Comments and materials we receive, as well as supporting documentation we used in preparing the proposed rule, will be available for public inspection on http://www.regulations.gov at Docket No. FWS-R4-ES-2013-0007 for the proposed critical habitat designation, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Arkansas Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
        Authority

        The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

          Dated: August 12, 2013.
          Rachel Jacobson,
          Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.

      [FR Doc. 2013-20671 Filed 8-26-13; 8:45 am]
      BILLING CODE 4310-55-P


        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        RIN 1018-AI71 and RIN 1018-AI72
        Endangered and Threatened Wildlife and Plants; Reopening of Public Comment Periods for the Proposed Designations of Critical Habitat for the Coastal California Gnatcatcher and the San Diego Fairy Shrimp

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rules; reopening of public comment periods.

          SUMMARY:

          We, the U.S. Fish and Wildlife Service (Service) announce the reopening of the public comment period on our April 24, 2003, proposed rule (68 FR 20228) to designate critical habitat for the coastal California gnatcatcher (Polioptila californica californica) and our April 22, 2003, proposed rule (68 FR 19888) to designate critical habitat for the San Diego fairy shrimp (Branchinecta sandiegonensis). The comment period will provide the public and Federal, State, and local agencies and Tribes with an opportunity to submit in writing updated comments and information on these species and associated habitat, the proposed critical habitat designations, and respective draft economic analyses. Comments relevant to issues identified for consideration in the April 22 and April 24, 2003, proposed critical habitat rules and the April 8, 2004, notice of availability of the draft economic analyses for these species that were previously submitted during one of the prior public comment periods need not be resubmitted as they have already been incorporated into the public record and will be fully considered in any final decision. Comments relevant to issues identified in the April 8, 2004, Federal Register notice (69 FR 18515) reopening the comment period on the proposed determination of a Distinct Vertebrate Population Segment for the California gnatcatcher also need not be resubmitted as that determination will be made separately from the critical habitat designations for the coastal California gnatcatcher and San Diego fairy shrimp.

          DATES:
          We will accept comments and information until May 3, 2007. Any comments received after the closing date may not be considered in the final decisions on these proposals.

          ADDRESSES:
          If you wish to comment, you may submit your comments and materials on these proposals to us by any one of the following methods:
          1. You may submit written comments and information to Jim Bartel, Field Supervisor, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, CA 92011.
          2. You may hand-deliver written comments and information to the Carlsbad Fish and Wildlife Office at the above address.
          3. You may send comments by facsimile to 760-431-5901.
          4. You may send comments by electronic mail (e-mail) to FW8cfwocomments@fws.gov. Please include “Attn: RIN 1018-AI71 and RIN 1018-AI72” in the subject line of your e-mail and your name and address in the body of your message. If you do not receive a confirmation from the system that we have received your message, contact us directly by telephone at 760-431-9440.
          5. You may go to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
          Comments and materials received, as well as supporting documentation used in the preparation of these proposed rules, will be available for public inspection, by appointment, during normal business hours at the Carlsbad Fish and Wildlife Office at the above address (telephone 760-431-9440).

          Copies of the proposed rule and draft economic analysis for the coastal California gnatcatcher and San Diego fairy shrimp are available on the Internet at http://www.fws.gov/Carlsbad. You may also request copies of these documents by contacting the Carlsbad Fish and Wildlife Office at the above address.

          FOR FURTHER INFORMATION CONTACT:
          Tannika Engelhard, Branch Chief, Listing, Carlsbad Fish and Wildlife Office (telephone 760-431-9440). Persons who use a telecommunications device for the hearing impaired (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339.

        SUPPLEMENTARY INFORMATION:
        Public Comments Solicited
        We are soliciting comments from the public, governmental agencies, Tribes, the scientific community, industry, or any other interested parties concerning events that have occurred since the April 2003 publications of the proposed designations of critical habitat for the coastal California gnatcatcher and San Diego fairy shrimp and the April 2004 publications of the draft economic analyses of the proposed designations for both species and any new information relevant to the status of the species and their essential habitats.
        With regard to the proposed rule and draft economic analysis for the coastal California gnatcatcher, we particularly seek comments concerning:
        (1) Land use designations and current or planned activities in the subject areas and their possible impacts on areas proposed as critical habitat for the coastal California gnatcatcher, including new information regarding areas proposed as critical habitat that may have lost coastal sage scrub as a result of development or other land use;
        (2) Approval and issuance of an incidental take permit under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act), for the Orange County Southern Subregion Habitat Conservation Plan (HCP);
        (3) Progress in the development and/or implementation of other regional HCPs, including the Natural Community Conservation Plan/HCP for the City of Rancho Palos Verdes in Los Angeles County, CA, and the Western Riverside County Multiple Species HCP;
        (4) Effects of the large wildfires that occurred in October 2003 and more recently on the coastal sage scrub habitat in Ventura, Los Angeles, Riverside, San Bernardino, and San Diego counties; and
        (5) Publication of new biological information regarding the effects of wildfires from 2003 to the present or other relevant biological publications addressing the status and recovery of sage scrub habitat and conservation of the coastal California gnatcatcher.
        With regard to the proposed designation of critical habitat for the San Diego fairy shrimp, we particularly seek comments concerning:
        (1) Land use designations and current or planned activities in the subject areas and their possible impacts on areas proposed as critical habitat for the San Diego fairy shrimp, including new information regarding areas proposed as critical habitat that may have lost vernal pool habitat as a result of development;

        (2) Information regarding newly identified vernal pools that were not previously known to support the San Diego fairy shrimp and whether these areas are essential to the conservation of the species, and why; and
        (3) The October 13, 2006, ruling by the U.S. District Court for the Southern District of California that enjoined the incidental take permit for seven vernal pool species (including the San Diego fairy shrimp) issued to the City of San Diego under the City's Subarea Plan for the Southwestern San Diego County Multiple Species Conservation Program (MSCP), and how areas within the boundaries of the City of San Diego's Subarea Plan of the MSCP that have been proposed for exclusion from critical habitat for the San Diego fairy shrimp should be evaluated in light of the Court's decision.
        With regard to the proposed designation of critical habitat for both the coastal California gnatcatcher and the San Diego fairy shrimp, we particularly seek comments concerning any new information regarding costs associated with the proposed designations of critical habitat for these species, and whether the 2004 draft economic analyses made appropriate assumptions regarding likely regulatory changes, indirect effects (e.g., property tax losses due to reduced home construction), opportunity costs, and regional costs associated with land use controls that could arise from the designation of critical habitat for the coastal California gnatcatcher and San Diego fairy shrimp.
        Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.
        Background

        On October 24, 2000, we published a final rule designating approximately 513,650 ac (207,890 ha) of land in portions of Los Angeles, Orange, Riverside, San Bernardino, and San Diego counties as critical habitat for the coastal California gnatcatcher (65 FR 63680). A final rule designating approximately 4,025 ac (1,629 ha) of land in Orange and San Diego counties as critical habitat for the San Diego fairy shrimp was published in the Federal Register on October 23, 2000 (65 FR 63438). Following the publication of these final rules, several lawsuits were filed against the Service by multiple parties, including the Natural Resources Defense Council (NRDC), Building Industry Association of Southern California, National Association of Home Builders, Foothill/Eastern Transportation Corridor, and Rancho Mission Viejo, L.L.C. (NRDC v. U.S. Dept. of Interior, CV-99-2496 (C.D.Cal., filed 12/20/00); Building Industry Association of Southern California et al. v. Norton, CV 01-7028 (D.C.C., filed 1/17/01), and Rancho Mission Viejo L.L.C. v. Babbitt, CV 01-8412 (D.D.C., filed 12/28/00)), challenging the critical habitat designations for the coastal California gnatcatcher and/or San Diego fairy shrimp. On June 11, 2002, the U.S. District Court for the Central District of California granted our request for a remand of the coastal California gnatcatcher and San Diego fairy shrimp critical habitat designations so that we could reconsider their associated economic analyses. For more information about the litigation history associated with these critical habitat designations, please see the Previous Federal Action sections of the April 24, 2003, proposed rule for the coastal California gnatcatcher (68 FR 20228) and the April 22, 2003 proposed rule for the San Diego fairy shrimp (68 FR 19890).
        On April 24, 2003, we published a proposed rule in the Federal Register (68 FR 20228) to designate critical habitat for the coastal California gnatcatcher on approximately 495,795 acres (ac) (200,595 hectares (ha)) of land in Ventura, Los Angeles, Orange, Riverside, San Bernardino, and San Diego counties.

        The Service published a proposed rule in the April 22, 2003, edition of the Federal Register (68 FR 19888) to designate critical habitat for the San Diego fairy shrimp on approximately 6,098 ac (2,468 ha) of land in Orange and San Diego counties.

        We accepted public comments on these two proposed rules until June 23, 2003. On April 8, 2004, we published a notice in the Federal Register announcing the availability of draft economic analyses for the proposed designations, reopening the public comment periods on our proposed rules, and announcing the scheduling of public hearings on our proposed critical habitat designations and draft economic analyses for the coastal California gnatcatcher and San Diego fairy shrimp. Public hearings were conducted on April 29, 2004, from 1 to 3 p.m. and from 6 to 8 p.m. in Carlsbad, California. The second public comment period closed on May 10, 2004. The public comment period for the coastal California gnatcatcher and San Diego fairy shrimp proposed critical habitat rules is again reopened, and we will accept comments and information until May 3, 2007. Any comments received after the closing date may not be considered in the final decisions on these proposals.
        The Service initiated work on the final critical habitat rules for the coastal California gnatcatcher and the San Diego fairy shrimp, but due to other priorities we did not finalize the designations. On February 8, 2007, a motion was filed by the Plaintiffs requesting the Court to direct us to finalize critical habitat designations for the coastal California gnatcatcher and San Diego fairy shrimp. We reached an agreement with the Plaintiffs whereby final designations would be completed on or before November 2, 2007. This settlement agreement has been submitted to the Court for approval.
        Areas currently designated as critical habitat for the coastal California gnatcatcher and San Diego fairy shrimp will remain in place until such time as new final regulations for these species become effective.
        Critical habitat receives protection from destruction or adverse modification through required consultation under section 7 of the Act, with regard to actions carried out, funded, or authorized by a Federal agency. Section 4(b)(2) of the Act requires that we designate or revise critical habitat on the basis of the best scientific and commercial data available, after taking into consideration economic, national security, and any other relevant impacts of specifying any particular area as critical habitat. The draft economic analysis for the proposed rule to designate critical habitat for the coastal California gnatcatcher estimated that the proposed designation may result in a potential economic cost, resulting from section 7 of the Act, of approximately $915 million through the year 2025, with an estimated annualized cost of $114 million. In the development of a final rule, we will evaluate these potential economic impacts and may exclude specific areas from the final designation on the basis of economics, conservation programs and partnerships, or other factors pursuant to section 4(b)(2) of the Act. Any such exclusion would result in a reduction of the potential economic impacts of this designation.

        Section 318 of the National Defense Authorization Act for FY04 (Pub. L. 108-136), amended the Act by adding a new section 4(a)(3)(B) that prohibits the Service from designating as critical habitat any lands or other geographical areas owned or controlled by the Department of Defense, or designated for its use, that are subject to an Integrated Natural Resources Management Plan prepared under section 101 of the Sikes Act Improvement Act (16 U.S.C. 670a), if the Secretary determines in writing that such plan provides a benefit to the species for which critical habitat is being proposed for designation. In the development of the final designation of critical habitat each species, the areas proposed will be reviewed to determine if the application of section 4(a)(3)(B) of the Act may be appropriate.
        We also prepared a draft economic analysis of the April 22, 2003, proposed rule to designate critical habitat for the San Diego fairy shrimp. The draft analysis of this proposed designation estimates that potential economic costs associated with section 7 of the Act range up to $54.6 million over the next 20 years, with a potential annualized impact of $7.2 million.
        We are reopening the comment period to allow all interested parties to comment simultaneously on the proposed rules for the coastal California gnatcatcher and San Diego fairy shrimp and the draft economic analyses and to provide new information regarding the species and their essential habitats and events that have occurred since the publication of the proposed rules in April 2003 and release of the draft economic analyses in April 2004.
        References Cited

        A complete list of all references used in the development of the proposed critical habitat designations for the coastal California gnatcatcher and San Diego fairy shrimp is available upon request from the Carlsbad Fish and Wildlife Office (see ADDRESSES section).
        Author

        The primary authors of this notice are the staff of the Carlsbad Fish and Wildlife Office (see ADDRESSES section).

          Authority:

          The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

          Dated: March 22, 2007.
          David M. Verhey,
          Acting Assistant Secretary for Fish and Wildlife and Parks.

       [FR Doc. E7-5743 Filed 4-2-07; 8:45 am]
      BILLING CODE 4310-55-P


        FEDERAL COMMUNICATIONS COMMISSION
        47 CFR Part 73
        [DA 01-2753, MM Docket No. 01-325, RM-10136]
        Television Broadcast Service; Green Bay, WI

          AGENCY:
          Federal Communications Commission.

          ACTION:
          Proposed rule.

          SUMMARY:
          The Commission requests comments on a petition filed by Green Bay 44, L.L.C., an applicant for a construction permit for a new television station operating on channel 44 at Green Bay, Wisconsin, requesting the substitution of Channel 50 for channel 44 at Green Bay. TV channel 50 can be allotted to Green Bay, Wisconsin, with a plus offset consistent with the criteria set forth in the Commission's Public Notice, released on November 22, 1999, DA 99-2605. The coordinates for channel 50+ at Green Bay are North Latitude 44-30-48 and West Longitude 88-00-24. However, since the community Green Bay is located within 400 kilometers of the U.S.-Canadian border, concurrence by the Canadian government must be obtained for this proposal. Pursuant to the provisions outlined in the Commission's Public Notice, we will not accept competing expressions of interest in the use of television channel 50+ at Green Bay.

          DATES:
          Comments must be filed on or before January 21, 2002, and reply comments on or before February 5, 2002.

          ADDRESSES:
          Federal Communications Commission, 445 12th Street, SW., Room TW-A325, Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the petitioner, or its counsel or consultant, as follows: Andrew S. Kersting, Fletcher, Heald & Hildreth, 11th Floor, 1300 North 17th Street, Arlington, Virginia 22209-3801 (Counsel for Green Bay 44, L.L.C.).

          FOR FURTHER INFORMATION CONTACT:
          Pam Blumenthal, Mass Media Bureau, (202) 418-1600.

        SUPPLEMENTARY INFORMATION:

        This is a synopsis of the Commission's Notice of Proposed Rule Making, MM Docket No. 01-325, adopted November 29, 2001, and released November 30, 2001. The full text of this document is available for public inspection and copying during regular business hours in the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC, 20554. This document may also be purchased from the Commission's duplicating contractor, Qualex International, Portals II, 445 12th Street, SW, Room CY-B402, Washington, DC, 20554, telephone 202-863-2893, facsimile 202-863-2898, or via-e-mail qualexint@aol.com.

        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
          Television broadcasting.

        For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 73 as follows:

          PART 73—TELEVISION BROADCAST SERVICES
          1. The authority citation for part 73 continues to read as follows:

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

            § 73.606
            [Amended]
            2. Section 73.606(b), the Table of Television Allotments under Wisconsin is amended by removing TV Channel 44 and adding TV Channel 50+ at Green Bay.

            Federal Communications Commission.
            Barbara A. Kreisman,
            Chief, Video Services Division, Mass Media Bureau.

      [FR Doc. 01-30036 Filed 12-4-01; 8:45 am]
      BILLING CODE 6712-01-P