[Federal Register: June 3, 2008 (Volume 73, Number 107)]
[Proposed Rules]               
[Page 31665-31666]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 17

[FWS-R6-ES-2007-0014; 92210-1117-0000-FY08-B4]
RIN 1018-AT79

Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Salt Creek Tiger Beetle (Cicindela nevadica 

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period and announcement of 
a public hearing.


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
reopening of the public comment period and the scheduling of a public 
hearing on our December 12, 2007 proposed rule (72 FR 70715) to 
designate critical habitat for the Salt Creek tiger beetle (Cicindela 
nevadica lincolniana) under the Endangered Species Act of 1973, as 
amended (Act). The December 12, 2007 Federal Register document also 
announced the availability of a draft economic analysis of the 
designation and a draft environmental assessment prepared in accordance 
with the National Environmental Policy Act of 1969. The reopened 
comment period will provide the public, other concerned governmental 
agencies, Tribes, and any other interested parties with an additional 
opportunity to submit written comments and information on this 
subspecies and associated habitat, the proposed critical habitat 
designation, draft economic analysis, and draft environmental 
assessment. Comments previously submitted need not be resubmitted as 
they have already been incorporated into the public record and will be 
fully considered in any final decision.

DATES: Written Comments: The original comment period on the Salt Creek 
tiger beetle proposed critical habitat rule closed on February 11, 
2008. We are reopening the comment period and will accept information 
from all interested parties at the public hearing or until July 11, 
    Public Hearing: We announce a public open house, followed by a 
public hearing, to be held on July 1, 2008, at the Lower Platte South 
Natural Resources District, 3125 Portia Street, Lincoln, NE 68501-3581. 
The public open house, open to all who wish to discuss the proposed 
critical habitat with the Service, will be held from 4 to 6 p.m., 
central time. The public hearing, open to all who wish to provide 
formal, oral comments regarding the proposed rule, will be held from 6 
to 8 p.m., central time.

ADDRESSES: If you wish to comment on the proposed rule, draft economic 
analysis, or draft environmental assessment, you may submit comments by 
one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R6-ES-2007-0014; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203.
     Public Hearing: A public hearing will be held (see DATES) 
at the Lower Platte South Natural Resources District, 3125 Portia 
Street, Lincoln, NE 68501-3581.
    We will not accept e-mail or faxes. We will post all comments on 
http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).

FOR FURTHER INFORMATION CONTACT: Mike LeValley, Field Supervisor, 
Nebraska Ecological Services Field Office, Federal Building, Second 
Floor, 203 West Second Street, Grand Island, NE 68801; telephone (308) 
382-6468. If you use a telecommunications device for the deaf (TDD), 
call the Federal Information Relay Service (FIRS) at 800-877-8339.


Public Comments

    We intend that any final action resulting from the proposed rule 
will be as accurate and as effective as possible. Therefore, we request 
comments or

[[Page 31666]]

suggestions on this proposed rule. We particularly seek comments 
    (1) The reasons why we should or should not designate habitat as 
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et 
seq.), including whether the benefit of designation would outweigh any 
threats to the subspecies caused by designation such that the 
designation is not prudent;
    (2) Specific information on:
     The amount and distribution of Salt Creek tiger beetle 
     What areas occupied at the time of listing and that 
contain features essential for the conservation of the subspecies we 
should include in the designation and why; and
     What areas not occupied at the time of listing are 
essential to the conservation of the subspecies 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 resulting from the proposed designation and, in particular, any 
impacts on small entities;
    (5) Whether we could improve or modify our approach to designating 
critical habitat in any way to provide for greater public participation 
and understanding, or to better accommodate public concerns and 
comments; and
    (6) Economic data on the incremental costs of designating any 
particular area as Salt Creek tiger beetle critical habitat.
    Previously submitted comments for this proposed rule need not be 
resubmitted. You may submit your comments and materials concerning this 
proposed rule by one of the methods listed in the ADDRESSES section. We 
will not consider comments sent by e-mail or fax or to an address not 
listed in the ADDRESSES section. If you submit a comment via http://
www.regulations.gov, your entire comment--including any personal 
identifying information--will be posted on the website. 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. We will post all hardcopy comments on http://


    On December 12, 2007, we published a proposed rule designating 
approximately 1,795 acres (727 hectares) of land in portions of 
Lancaster and Saunders Counties, Nebraska, as critical habitat. The 
draft economic analysis estimates that, over the 20-year period from 
2008 to 2027, post-designation costs for Salt Creek tiger beetle 
conservation-related activities would range between $21.4 and $25.5 
million in undiscounted 2007 dollars. In discounted terms, we estimate 
potential post-designation economic costs to be $19.9 to $22.9 million 
(using a 3 percent discount rate) and $18.5 to $20.6 million (using a 7 
percent discount rate). In annualized terms, potential impacts are 
expected to range from $1.3 to $1.5 million (annualized at 3 percent) 
and $1.7 to $1.9 million (annualized at 7 percent).

Public Hearings

    Section 4(b)(5)(E) of the Act requires a public hearing be held if 
any person requests it within 45 days of the publication of a proposed 
rule. In response to requests from the public, the Service will conduct 
a public hearing for this critical habitat proposal on the date and 
time and at the address identified in the DATES and ADDRESSES sections 
    Persons wishing to make an oral statement for the record are 
encouraged to provide a written copy of their statement and present it 
to us 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 on the 
length of written comments submitted to us. If you have any questions 
concerning the public hearing, please contact the Nebraska Ecological 
    Persons needing reasonable accommodations in order to attend and 
participate in the public hearings should contact Bob Harms, Nebraska 
Ecological Services Field Office, at (308) 382-6468, extension 17, as 
soon as possible. In order to allow sufficient time to process 
requests, please call no later than one week before the hearing date. 
Information regarding this notice is available in alternative formats 
upon request.


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

    Dated: May 21, 2008.
Lyle Laverty,
Assistant Secretary for Fish, Wildlife, and Parks.
 [FR Doc. E8-12401 Filed 6-2-08; 8:45 am]