[Federal Register: April 28, 2003 (Volume 68, Number 81)]
[Proposed Rules]               
[Page 22353-22354]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AI48

Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Arizona Distinct Population Segment of the 
Cactus Ferruginous Pygmy-owl (Glaucidium brasilianum cactorum)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of public comment period.


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
reopening of the public comment period for the proposal to designate 
critical habitat pursuant to the Endangered Species Act of 1973, as 
amended (Act), for the Arizona distinct population segment of the 
cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum), and for 
the draft economic analysis for the proposed designation. Additional 
information from the administrative record concerning the locations of 
pygmy-owls recently has become available to the public, and therefore 
we are reopening the comment period for the proposal and for the draft 
economic analysis to allow all interested parties additional time to 
review the available information and provide comments. Comments 
previously submitted need not be resubmitted, because they will be 
incorporated into the public record as part of this reopening of the 
comment period, and will be fully considered in the final rule.

DATES: We will accept comments on both the proposed critical habitat 
designation and the draft economic analysis until June 27, 2003.

ADDRESSES: Send comments and information concerning the proposed 
critical habitat designation and draft economic analysis to the Field 
Supervisor, Arizona Ecological Services Office, 2321 West Royal Palm 
Road, Suite 103, Phoenix, AZ 85021. You also may send written comments 
by facsimile to 602/242-2513. For

[[Page 22354]]

instructions on submitting comments by electronic mail (e-mail), see 
Public Comments Solicited in the SUPPLEMENTARY INFORMATION section of 
this notice.
    Information from the administrative record, including the 
information that recently has become available to the public concerning 
the location of pygmy-owls, as well as comments and materials received, 
are available for public inspection, by appointment, during normal 
business hours at the above address. You may also write the Field 
Supervisor at the address above, or call 602/242-0210 to request that a 
copy of material be mailed to you or made available for you to pick up 
at the address above. You may also obtain a copy of the draft economic 
analysis on the Internet at http://arizonaes.fws.gov/cactus.htm.

FOR FURTHER INFORMATION CONTACT: Steve Spangle, Field Supervisor (see 
ADDRESSES), at telephone 602/242-0210; or by facsimile at 602/242-2513.

SUPPLEMENTARY INFORMATION: Our proposal to designate critical habitat 
for the Arizona distinct population segment of the cactus ferruginous 
pygmy-owl (Glaucidium brasilianum cactorum) (pygmy-owl) was published 
on November 27, 2002 (67 FR 71032). In the November proposal we also 
announced the availability of the draft economic analysis for the 
proposed designation of critical habitat. The public comment period on 
the proposal and the draft economic analysis was scheduled to close on 
February 25, 2003. On that date, we published a notice in the Federal 
Register (68 FR 8730) extending the public comment period until April 
25, 2003. The extension was based on a February 3, 2003, order from the 
United States District Court for the District of Arizona to allow the 
Plaintiffs and Intervenors in National Home Builders Association v. 
Norton, Civ. No. 000903-PHX-SRB (D.Az.), 60 additional days to review 
and comment on materials used by us to develop our critical habitat 
determination for the pygmy-owl.
    Recently, additional information from the administrative record 
concerning the locations of pygmy-owls has become available to the 
public, in part as a result of a court ruling in National Association 
of Home Builders v. Norton, 309 F.3d 26 (D.C. Cir. 2002). In order to 
provide all interested parties adequate time to review and comment on 
the recently available information and other materials used by the 
Service to develop the proposed rule to designate critical habitat for 
the pygmy-owl, we are reopening the comment period on the proposal and 
the draft economic analysis for an additional 60 days.

Public Comments Solicited

    We are reopening the comment period in order to accept the best and 
most current scientific and commercial data available regarding the 
proposed critical habitat designation for the pygmy-owl and the draft 
economic analysis of the proposal. The Public Comments Solicited 
section of the preamble to our proposed rule (67 FR 71032) includes a 
list of topics for which we are particularly seeking comments. 
Previously submitted comments need not be resubmitted. You may submit 
written comments by any of several methods:
    You may mail or hand-deliver written comments to the Field 
Supervisor, Arizona Ecological Services Office (see ADDRESSES section). 
Hand deliveries must be made during normal business hours.
    You may send comments by e-mail to cfpo_habitat@fws.gov. If you 
submit comments by e-mail, please submit them as an ASCII file and 
avoid the use of special characters and any form of encryption. Please 
also include a return address in your e-mail message.
    You may send written comments by facsimile to 602/242-2513.
    Prior to making a final determination on this proposed rule, we 
will take into consideration all relevant comments and additional 
information received during the comment period. You may inspect 
comments and materials received, as well as supporting documentation 
used by us in preparation of the proposal to designate critical 
habitat, by appointment during normal business hours at our office 
listed in the ADDRESSES section.


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

    Dated: April 21, 2003.
Paul Hoffman,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-10531 Filed 4-24-03; 12:48 pm]