[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Proposed Rules]
[Pages 28405-28413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11920]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 17 and 424

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 226 and 424

[Docket No. FWS-R9-ES-2010-0073; Docket No. 110131071-1153-01; MO-
92210-0-0009-B4]
RIN 1018-AX44; RIN 0648-BA77


Endangered and Threatened Wildlife and Plants; Revised 
Implementing Regulations for Requirements To Publish Textual 
Descriptions of Boundaries of Critical Habitat

AGENCY: United States Fish and Wildlife Service (FWS), Interior; 
National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule.

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SUMMARY: We (FWS and NMFS; also collectively referred to as the 
Services) propose to revise regulations related to publishing textual 
descriptions of proposed and final critical habitat boundaries in the 
Federal Register for codification in the Code of Federal Regulations. 
In the interest of making the process of designating critical habitat 
more user-friendly for affected parties, the public as a whole, and the 
Services, as well as more efficient and cost effective, we are 
proposing to maintain the publication of maps of proposed and final 
critical habitat designations, but make optional the inclusion of any 
textual description of the boundaries of the designation in the Federal 
Register for codification in the Code of Federal Regulations. The 
boundaries of critical habitat as mapped or otherwise described in the 
Regulation Promulgation section of a rulemaking that is published in 
the Federal Register will be the official delineation of the 
designation, and we will continue to provide the public with additional 
tools, such as interactive maps and additional descriptions, on the 
Services' Internet sites, Regulations.gov, and at local field offices 
that will represent the Service's interpretation of which areas are 
covered by the designation. We are undertaking this effort as part of 
the agencies' response to Executive Order 13563 (Jan. 18, 2011) 
directing agencies to review their existing regulations and, inter 
alia, to modify or streamline them in accordance with what has been 
learned.

DATES: We will accept comments from all interested parties until July 
18, 2011. Please note that if you are using the Federal eRulemaking 
Portal (see ADDRESSES section below), the deadline for submitting an 
electronic comment is 11:59 p.m. Eastern Standard Time on this date.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. In 
the box that reads ``Enter Keyword or ID,'' enter the Docket number for 
this proposed rule, which is FWS-R9-ES-2010-0073. Check the box that 
reads ``Open for Comment/Submission,'' and then click the Search 
button. You should then see an icon that reads ``Submit a Comment.'' 
Please ensure that you have found the correct rulemaking before 
submitting your comment.
     U.S. mail or hand delivery: Public Comments Processing, 
Attn: [Docket No. FWS-R9-ES-2010-0073]; Division of Policy and 
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax 
Drive, Suite 222; Arlington, VA 22203.
    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 Request for Information section below for more 
information).

FOR FURTHER INFORMATION CONTACT: Nicole Alt, U.S. Fish and Wildlife 
Service, Division of Conservation and Classification, 4401 N. Fairfax 
Drive, Suite 420; Arlington, VA 22203, telephone 703/358-2171; 
facsimile 703/358-1735 or Marta Nammack, National Marine Fisheries 
Service, Office of Protected Resources, 1315 East-West Highway, Silver 
Spring, MD 20910, telephone 301-713-1401; facsimile 301-713-0376. If 
you use a telecommunications device for the deaf (TDD), call the 
Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Request for Information

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, we request 
comments or suggestions from governmental agencies, Native American 
tribes, the scientific community, industry, or any other interested 
parties. We seek information on the following:
    1. What is the best way for us to share information about critical 
habitat designation boundaries with the public?
    2. Could we improve the usefulness of the maps in the Federal 
Register and Code of Federal Regulations (CFR)? If so how?
    3. Does publication of the textual descriptions of boundaries of 
critical habitat in the Federal Register and CFR provide any practical 
value?
    4. What is the usefulness of the critical-habitat-boundary 
descriptions in latitude-longitude, Public Land Survey descriptions, or 
Universal Transverse Mercator (UTM) coordinates?
    5. Besides the Internet, what other methods should we use to convey 
information regarding critical habitat boundaries?
    6. Will the changes proposed make our critical habitat designations 
easier to understand? Are there other changes that are needed?
    You may submit your information concerning this proposal by one of 
the methods listed in the ADDRESSES section. If you submit information 
via http://www.regulations.gov, your entire submission--including any 
personal identifying information--will be posted on the Web site. If 
you submit a hardcopy that includes personal identifying information, 
you may request at the top of your document that we withhold this 
personal identifying information from public review. However, we cannot 
guarantee that we will be able to do so. We will post all hardcopy 
comments on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov or by 
appointment during normal business

[[Page 28406]]

hours at the U.S. Fish and Wildlife Service, Endangered Species 
Program, 4401 N. Fairfax Drive, Room 420, Arlington, VA 22203; 
telephone 703-358-2171 or National Marine Fisheries Service, Office of 
Protected Resources, 1315 East-West Highway, Silver Spring, MD 20910; 
telephone 301-713-1401 (see FOR FURTHER INFORMATION CONTACT).

Background

    Before a plant or animal species can receive the protection 
provided by the Endangered Species Act of 1973, as amended (16 U.S.C. 
1531 et seq.) (Act), it must first be added to the Federal lists of 
threatened and endangered wildlife and plants. The List of Endangered 
and Threatened Wildlife (found in title 50 of the Code of Federal 
Regulations (CFR) in Sec.  17.11) and the List of Endangered and 
Threatened Plants (found in 50 CFR 17.12) contain the names of all 
organisms that have been determined by the FWS and NMFS (jointly 
referred to as the Services) to qualify as ``endangered species'' or 
``threatened species.'' When a species is listed as endangered or 
threatened under the Act, the Services designate specific areas as 
``critical habitat.''
    Under section 4(b)(5)(A) of the Act, as amended (16 U.S.C. 1531 et 
seq.), and the implementing regulations contained within 50 CFR 
sections 17.94(b), 226.101, 424.12(c), 424. 16(b) and (c)(1)(ii), and 
424.18(a), the Services are required, when designating or revising 
critical habitat for species listed under the Act, to publish the 
complete text of the regulation, maps, and descriptions of such habitat 
in the Regulation Promulgation section of a rulemaking published in the 
Federal Register. We have found over time that textual descriptions of 
critical habitat boundaries are often difficult to interpret and 
understand, and do not provide clarity regarding the areas being 
designated. Publishing these textual descriptions is also inefficient 
and costly. Below we discuss our current requirements and their 
limitations, and proposed regulation changes to address these issues.
    NMFS' current practice is to publish maps in the Federal Register 
along with a textual description of the boundaries of the areas being 
designated as critical habitat in both their proposed and final rules. 
FWS publishes only the maps in the proposed critical habitat rule and 
then publishes the maps along with a textual description of the 
boundaries in the final critical habitat rule. We previously described 
the boundaries following a variety of methods including Public Land 
Survey System designations (which specify township, range, and section; 
sometimes referred to as the ``rectangular survey system'') and metes-
and-bounds (a system of describing a parcel of land using the physical 
features of local geography, along with directions and distances, to 
define the boundaries). However, as GIS and specific geographic-based 
data have become more available, we have been using predominantly 
Universal Transverse Mercator (UTM) coordinate system (a grid-based 
system employing a series of 60 zones to specify locations on the 
surface of the Earth) and latitude-longitude. We adopted these 
practices because our current regulations at 50 CFR 424.12(c) state 
``Each critical habitat will be defined by specific limits using 
reference points and lines as found on standard topographic maps of the 
area.'' Unfortunately, these descriptions are often difficult to 
interpret and understand, and do not provide clarity regarding which 
areas are being designated as critical habitat. Therefore, in addition 
to the maps and textual descriptions published in the Federal Register, 
over the last several years we have provided the public with 
interactive maps and additional descriptions, on the Services' Internet 
sites, Regulations.gov, and at local field offices. References to these 
Internet sites are cited throughout the proposed (NMFS only) and final 
(NMFS and FWS) rules and in our outreach materials for the specific 
action. In addition, we have provided maps and GIS coverages (data 
layers) to affected Federal agencies, States, counties, jurisdictions, 
and interested parties for use in their computer databases and to make 
available to their constituencies. The public's reliance on these 
latter materials in lieu of the textual descriptions published in the 
Federal Register and codified in the Code of Federal Regulations 
reinforces our view that the textual descriptions are of limited 
utility in informing the public as to which areas are designated 
critical habitat.
    Given that the textual descriptions are of limited utility, we are 
proposing to revise the implementing regulations contained within 50 
CFR 17.94(b), 226.101, 424.12(c), 424.16(b) and (c)(1)(ii), and 
424.18(a), to eliminate the requirement to publish textual descriptions 
of proposed (NMFS only) and final (NMFS and FWS) critical habitat 
boundaries in the Federal Register and reprinting in the CFR, and 
instead provide that the map(s), as clarified or refined by any textual 
language within the rule, constitutes the definition of the boundaries 
of a Critical Habitat. Each Critical Habitat area will be shown on a 
map, with more detailed information discussed in the preamble of the 
rulemaking documents published in the Federal Register. The maps and 
brief textual descriptions that we plan to publish in the Federal 
Register after we finalize this proposed rule will be sufficient to 
inform the public as to where a particular critical habitat designation 
is located, and thus sufficient to provide notice to the public and 
give them an opportunity to comment. We will provide further 
information online on our web sites, but we do not think it is 
necessary for the public to have UTM or latitude-longitude coordinates 
in order to know where critical habitat is located. We believe these 
changes will be for the public good and make the process more user-
friendly, without compromising the public involvement or the overall 
process.
    Eliminating the need to publish detailed textual descriptions in 
the Federal Register and annually in the CFR will also result in 
significant financial savings, thereby saving Federal resources. In 
FWS's final designations, UTM coordinate pairs or other textual 
descriptions of the boundaries of areas often account for more than 
half of the document, resulting in significant Federal Register 
publication costs. For example, FWS spent approximately $764,523 in 
fiscal year 2008, $539,639 in fiscal year 2009, and $662,952 in fiscal 
year 2010 to publish critical habitat designations in the Federal 
Register, for a total of approximately $1,967,114 for the three fiscal 
years combined. If we estimate that 50 percent of those costs are spent 
on the publication of the textual descriptions of the boundaries, then 
publication of those descriptions will cost $983,557 for the three 
fiscal years, or approximately $327,852 per fiscal year.
    In addition, the regulation portion of the rule, including the maps 
and textual descriptions of the boundaries, is reprinted annually in 
the CFR, resulting in a further expenditure of taxpayer resources. FWS 
has spent approximately $80,000 in fiscal year 2008, $92,400 in fiscal 
year 2009, and $83,160 in fiscal year 2010 to reprint critical habitat 
designations in the CFR. Based on a review of the current volume (i.e., 
number of pages) of critical habitat designations represented in the 
CFR, we estimate that the textual descriptions account for 
approximately 75 percent of the volume and therefore 75 percent of the 
printing costs. Using the estimated 75 percent as the cost of 
reprinting the textual descriptions of the boundaries, publication of 
those descriptions will

[[Page 28407]]

cost $191,670 for the three fiscal years, or approximately $63,890 per 
fiscal year. Adding this to the Federal Register costs discussed above, 
we estimate that the annual cost for publishing textual descriptions of 
boundaries in the Federal Register and then reprinting them in the CFR 
will be nearly $391,742 for FWS alone. Thus, eliminating the need to 
publish latitude-longitude coordinates, UTM coordinate pairs or other 
detailed textual descriptions in the Federal Register and CFR would 
result in a significant cost savings to the Services and the public as 
a whole.
    Finally, relying on maps and brief textual descriptions to identify 
areas designated as critical habitat is consistent with the ESA. 
Section 4(a)(3)(A) of the Act only requires that critical habitat be 
designated ``by regulation.'' Moreover, section 4(b)(5)(A) of the Act 
indicates that the Secretary shall ``not less than 90 days before the 
effective date of the regulation--(i) publish a general notice and the 
complete text of the proposed regulation in the Federal Register, and 
(ii) give actual notice of the proposed regulation (including the 
complete text of the regulation).'' In the context of critical habitat 
designation, we interpret the mandate to publish the ``complete text'' 
of the proposed regulation as requiring that the regulation provide a 
sufficiently detailed description of the area included within the 
proposed designation, in the form of maps and any accompanying text, so 
as to provide all interested persons with a meaningful opportunity to 
comment. Due to the technical limitations on what can be published in 
the Federal Register (i.e., map size and detail), we anticipate that 
information we make available to the public through our outreach 
efforts, Internet sites, and at local Services offices will also assist 
the Services in addressing day-to-day questions about the designation. 
To the extent that questions arise from the public as to the precise 
coverage of a proposed or final designation (e.g., due to the scale at 
which the published maps are drawn), additional materials will be 
available on the Web site or at Service offices to provide the needed 
clarity.
    In this regard, we note that the Services never maintained that 
requiring detailed textual descriptions was legally necessary. Instead, 
the first critical habitat regulations required only that critical 
habitat designations be ``accompanied by maps and/or geographical 
descriptions.'' 43 FR 870, 876 (Jan. 4, 1978). Although the Services 
subsequently added the requirement that critical habitat designations 
include textual descriptions describing the specific boundary limits of 
the critical habitat, there is nothing in the preamble to that rule 
indicating that the Services did so because the ESA required it. 
Rather, it was in response to several commenters, who had opined that 
the proposed rule was not sufficiently clear in setting out the method 
by which critical habitat boundaries would be described. 45 FR 13009, 
13015 (Feb. 27, 1980). With this change, the regulations would continue 
to be explicit as to the method by which critical habitat boundaries 
would be described; it would just do so by means that did not require 
detailed textual descriptions.

Regulation Changes

    The following table shows the current and proposed CFR text. After 
Table 1, we provide explanations of why we are proposing to revise the 
text as indicated.

     Table 1--Current and Proposed Regulatory Text Setting Forth the
 Designation of Critical Habitat for Species Listed Under the Endangered
                               Species Act
                        [16 U.S.C. 1531 et seq.]
------------------------------------------------------------------------
 Title 50 CFR section and
         paragraph             Current CFR text      Proposed CFR text
------------------------------------------------------------------------
17.94(b)..................  (b) The map provided   (b)(1) For Critical
                             by the Director does   Habitat designations
                             not, unless            published and
                             otherwise indicated,   effective after
                             constitute the         [EFFECTIVE DATE OF
                             definition of the      FINAL RULE], the map
                             boundaries of a        provided by the
                             Critical Habitat.      Secretary of the
                             Such maps are          Interior, as
                             provided for           clarified or refined
                             reference purposes     by any textual
                             to guide Federal       language within the
                             agencies and other     rule, constitutes
                             interested parties     the definition of
                             in locating the        the boundaries of a
                             general boundaries     Critical Habitat.
                             of the Critical        Each Critical
                             Habitat. Critical      Habitat area will be
                             Habitats are           shown on a map, with
                             described by           more detailed
                             reference to           information
                             surveyable landmarks   discussed in the
                             found on standard      preamble of the
                             topographic maps of    rulemaking documents
                             the area and to the    published in the
                             States and             Federal Register and
                             county(ies) within     made available from
                             which all or part of   the lead office of
                             the Critical Habitat   the Service
                             is located. Unless     responsible for such
                             otherwise indicated    designation. Each
                             within the Critical    area will be
                             Habitat description,   referenced to the
                             the State and          State(s),
                             county(ies) names      county(ies), or
                             are provided for       other local
                             informational          governmental units
                             purposes only.         within which all or
                                                    part of the Critical
                                                    Habitat is located.
                                                    General descriptions
                                                    of the location and
                                                    boundaries of each
                                                    area may be provided
                                                    to clarify or refine
                                                    what is included
                                                    within the
                                                    boundaries depicted
                                                    on the map, or to
                                                    explain the
                                                    exclusion of sites
                                                    within the mapped
                                                    area. Unless
                                                    otherwise indicated
                                                    within the Critical
                                                    Habitat
                                                    descriptions, the
                                                    names of the
                                                    State(s) and
                                                    county(ies) are
                                                    provided for
                                                    informational
                                                    purposes only and do
                                                    not constitute the
                                                    boundaries of the
                                                    area.

[[Page 28408]]

 
                                                   (b)(2) For Critical
                                                    Habitat designations
                                                    published and
                                                    effective on or
                                                    prior to [EFFECTIVE
                                                    DATE OF FINAL RULE],
                                                    the map provided by
                                                    the Secretary of the
                                                    Interior is for
                                                    reference purposes
                                                    to guide Federal
                                                    Agencies and other
                                                    interested parties
                                                    in locating the
                                                    general boundaries
                                                    of the Critical
                                                    Habitat. The map
                                                    does not, unless
                                                    otherwise indicated,
                                                    constitute the
                                                    definition of the
                                                    boundaries of a
                                                    Critical Habitat.
                                                    Critical Habitats
                                                    are described by
                                                    reference to
                                                    surveyable landmarks
                                                    found on standard
                                                    topographic maps of
                                                    the area and to the
                                                    States and
                                                    county(ies) within
                                                    which all or part of
                                                    the critical habitat
                                                    is located. Unless
                                                    otherwise indicated
                                                    within the Critical
                                                    Habitat description,
                                                    the State and
                                                    county(ies) names
                                                    are provided for
                                                    informational
                                                    purposes only.
226.101 (last sentence)...  Maps and charts        Additional
                             identifying            information
                             designated critical    regarding designated
                             habitat that are not   critical habitats
                             provided in this       that are not
                             section may be         provided in this
                             obtained upon          part may be obtained
                             request to the         upon request to the
                             Office of Protected    Office of Protected
                             Resources (see Sec.    Resources (see Sec.
                              222.102, definition    222.102, definition
                             of ``Office of         of ``Office of
                             Protected              Protected
                             Resources'').          Resources'').
------------------------------------------------------------------------
424.12(c).................  (c) Each critical      (c) Each critical
                             habitat will be        habitat area will be
                             defined by specific    shown on a map, with
                             limits using           more detailed
                             reference points and   information
                             lines as found on      discussed in the
                             standard topographic   preamble of the
                             maps of the area.      rulemaking documents
                             Each area will be      published in the
                             referenced to the      Federal Register and
                             State(s),              made available from
                             county(ies), or        the lead office of
                             other local            the Service
                             governmental units     responsible for such
                             within which all or    designation. Textual
                             part of the critical   information may be
                             habitat is located.    included for
                             Unless otherwise       purposes of
                             indicated within the   clarifying or
                             critical habitat       refining the
                             descriptions, the      location and
                             names of the           boundaries of each
                             State(s) and           area or to explain
                             county(ies) are        the exclusion of
                             provided for           sites (e.g., paved
                             information only and   roads, buildings)
                             do not constitute      within the mapped
                             the boundaries of      area. Each area will
                             the area. Ephemeral    be referenced to the
                             reference points       State(s),
                             (e.g., trees, sand     county(ies), or
                             bars) shall not be     other local
                             used in defining       governmental units
                             critical habitat.      within which all or
                                                    part of the critical
                                                    habitat is located.
                                                    Unless otherwise
                                                    indicated within the
                                                    critical habitat
                                                    descriptions, the
                                                    names of the
                                                    State(s) and
                                                    county(ies) are
                                                    provided for
                                                    informational
                                                    purposes only and do
                                                    not constitute the
                                                    boundaries of the
                                                    area. Ephemeral
                                                    reference points
                                                    (e.g., trees, sand
                                                    bars) shall not be
                                                    used in any textual
                                                    description used to
                                                    clarify or refine
                                                    the boundaries of
                                                    critical habitat.
424.16(b).................  (b) Contents. A        (b) Contents. A
                             notice of a proposed   notice of a proposed
                             rule to carry out      rule to carry out
                             one of the actions     one of the actions
                             described in Sec.      described in Sec.
                             424.10 shall contain   424.10 will contain
                             the complete text of   a detailed
                             the proposed rule, a   description of the
                             summary of the data    proposed action and
                             on which the           a summary of the
                             proposal is based      data on which the
                             (including, as         proposal is based
                             appropriate,           (including, as
                             citation of            appropriate,
                             pertinent              citation of
                             information            pertinent
                             sources), and shall    information sources)
                             show the               and will show the
                             relationship of such   relationship of such
                             data to the rule       data to the rule
                             proposed. If such a    proposed. If such a
                             rule designates or     rule designates or
                             revises critical       revises critical
                             habitat, such          habitat, such
                             summary shall, to      summary will, to the
                             the maximum extent     maximum extent
                             practicable, include   practicable, include
                             a brief description    a brief description
                             and evaluation of      and evaluation of
                             those activities       those activities
                             (whether public or     (whether public or
                             private) that, in      private) that, in
                             the opinion of the     the opinion of the
                             Secretary, if          Secretary, if
                             undertaken, may        undertaken, may
                             adversely modify       adversely modify
                             such habitat, or may   such habitat, or may
                             be affected by such    be affected by such
                             designation. Any       designation. Any
                             proposed rule to       proposed rule to
                             designate or revise    designate or revise
                             critical habitat       critical habitat
                             shall contain a map    will contain a map
                             of such habitat. Any   of such habitat. Any
                             such notice            such notice
                             proposing the          proposing the
                             listing, delisting,    listing, delisting,
                             or reclassification    or reclassification
                             of a species or the    of a species or the
                             designation or         designation or
                             revision of critical   revision of critical
                             habitat shall also     habitat will also
                             include a summary of   include a summary of
                             factors affecting      factors affecting
                             the species and/or     the species or its
                             critical habitat.      designated critical
                                                    habitat or both.
424.16(c)(1)(ii)..........   (ii) Give actual      (ii) Give actual
                             notice of the          notice of the
                             proposed regulation    proposed regulation
                             (including the         to the State agency
                             complete text of the   in each State in
                             regulation) to the     which the species is
                             State agency in each   believed to occur,
                             State in which the     and to each county
                             species is believed    or equivalent
                             to occur, and to       jurisdiction therein
                             each county or         in which the species
                             equivalent             is believed to
                             jurisdiction therein   occur, and invite
                             in which the species   the comment of each
                             is believed to         such agency and
                             occur, and invite      jurisdiction;
                             the comment of each
                             such agency and
                             jurisdiction;
------------------------------------------------------------------------

[[Page 28409]]

 
424.18(a).................  (a) Contents. A final  (a) Contents. A final
                             rule promulgated to    rule promulgated to
                             carry out the          carry out the
                             purposes of the Act    purposes of the Act
                             will be published in   will be published in
                             the Federal            the Federal
                             Register. This         Register. This
                             publication will       publication will
                             contain the complete   contain a detailed
                             text of the rule, a    description of the
                             summary of the         action being
                             comments and           finalized, a summary
                             recommendations        of the comments and
                             received in response   recommendations
                             to the proposal        received in response
                             (including             to the proposal
                             applicable public      (including
                             hearings), summaries   applicable public
                             of the data on which   hearings), summaries
                             the rule is based      of the data on which
                             and the relationship   the rule is based
                             of such data to the    and the relationship
                             final rule, and a      of such data to the
                             description of any     final rule, and a
                             conservation           description of any
                             measures available     conservation
                             under the rule.        measures available
                             Publication of a       under the rule.
                             final rule to list,    Publication of a
                             delist, or             final rule to list,
                             reclassify a species   delist, or
                             or designate or        reclassify a species
                             revise critical        or designate or
                             habitat shall also     revise critical
                             provide a summary of   habitat will also
                             factors affecting      provide a summary of
                             the species. A rule    factors affecting
                             designating or         the species. For a
                             revising critical      rule designating or
                             habitat will also      revising critical
                             contain a              habitat, the
                             description of the     detailed description
                             boundaries and a map   of the action will
                             of such habitat and    include a map that
                             will, to the maximum   delineates the
                             extent practicable,    official boundary of
                             be accompanied by a    the designation. The
                             brief description      official boundary
                             and evaluation of      may also be
                             those activities       clarified or refined
                             (whether public or     by rule text, or by
                             private) that might    the map as modified
                             occur in the area      by rule text. The
                             and which, in the      Service may also
                             opinion of the         create additional
                             Secretary, may         explanatory text,
                             adversly [sic]         information, or maps
                             modify such habitat    and include them in
                             or be affected by      the preamble of the
                             such designation.      rulemaking document
                                                    or make them
                                                    available from the
                                                    lead Service office
                                                    responsible for the
                                                    designation. The
                                                    rule will, to the
                                                    maximum extent
                                                    practicable, include
                                                    a brief description
                                                    and evaluation of
                                                    those activities
                                                    (whether public or
                                                    private) that might
                                                    occur in the area
                                                    and which, in the
                                                    opinion of the
                                                    Secretary, may
                                                    adversely modify
                                                    such habitat or be
                                                    affected by such
                                                    designation.
------------------------------------------------------------------------

50 CFR 17.94(b)

    The existing regulation states that the map provided by the 
Director does not, unless otherwise indicated, constitute the 
definition of the boundaries of a critical habitat. In order to provide 
more clarity regarding the areas being designated, as well as be more 
efficient and cost-effective, we are proposing to change the wording of 
the first sentence to state ``For critical habitat designations 
published and effective after [EFFECTIVE DATE OF FINAL RULE], the 
map(s) provided by the Secretary of DOI constitutes the definition of 
the boundaries of a critical habitat designation.'' We are replacing 
``the Director'' with ``the Secretary of DOI'' since the authority to 
designate critical habitat under the Act lies with the Secretary due to 
the Secretarial discretion under section 4(b)(2) of the Act to exclude 
specific areas from final critical habitat, and this authority has not 
been delegated to the Director. For existing critical habitat 
designations, we also intend to remove the textual descriptions of 
final critical habitat boundaries set forth in the CFR, without 
changing the boundaries of those designations, in separate rulemakings 
in order to save the annual reprinting cost.
    The second sentence of the existing regulation states ``Such maps 
are provided for reference purposes to guide Federal agencies and other 
interested parties in locating the general boundaries of the Critical 
Habitat.'' We are proposing to revise this sentence to read ``Each 
Critical Habitat area will be shown on a map, with more detailed 
information discussed in the preamble of the rulemaking documents 
published in the Federal Register and made available from the lead 
office of the Service responsible for such designation.'' We believe 
this will provide greater clarity regarding the areas being designated, 
as well as be a more efficient and cost effective way to provide 
information to the public concerning areas designated as critical 
habitat. We acknowledge that what is printed in the Federal Register 
and subsequently in the CFR will be the legally binding delineation of 
critical habitat. However, should there be ambiguity with the scale of 
the map, our interpretation of what is included within the designation 
will be provided with the more detailed information discussed in the 
preamble of the rulemaking documents published in the Federal Register 
and made available from the lead office responsible for such 
designation habitat.
    We are proposing also to replace the third existing sentence 
``Critical habitats are described by reference to surveyable landmarks 
found on standard topographic maps of the area and to the States and 
county(ies) within which all or part of the Critical Habitat is 
located.'' The new wording would be ``Each area will be referenced to 
the State(s), county(ies), or other local government units within which 
all or part of the Critical Habitat is located. General descriptions of 
the location and boundaries of each area may be provided for 
clarification purposes or to explain the exclusion of sites (e.g., 
paved roads, buildings) within the mapped area.'' This change will 
relieve us of the regulatory and financial burden of publishing the 
textual descriptions of the boundaries of critical habitat in the 
regulations, which have shown to be of limited use to the general 
public.

50 CFR 226.101

    This section addresses critical habitat designations made by the 
Secretary of Commerce. We are proposing to replace the ``Maps and 
charts identifying designated critical habitat * * *'' phrase in the 
beginning of the last sentence with ``Additional information regarding 
designated critical habitat * * *.'' This new language will provide the 
flexibility needed to provide useful information to the public 
concerning areas designated as critical habitat.

[[Page 28410]]

50 CFR 424.12(c)

    We are proposing to remove the references to defining critical 
habitat by specific limits using reference points and lines as found on 
standard topographic maps of the area. The proposed revision would read 
``Each Critical Habitat area will be shown on a map, with more detailed 
information discussed in the preamble of the rulemaking documents 
published in the Federal Register and made available from the lead 
office of the Service responsible for such designation.'' This proposed 
revision would provide more clarity regarding the areas being 
designated, as well as relieve the regulatory and financial burden of 
both Services being required to print these reference points in the 
Federal Register and reprint them annually in the CFR. We acknowledge 
that what is printed in the Federal Register and subsequently in the 
CFR will be the legally binding delineation of critical habitat. 
However, should there be ambiguity with the scale of the map, our 
interpretation of what is included within the designation will be 
provided with the more detailed information discussed in the preamble 
of the rulemaking documents published in the Federal Register and made 
available from the lead office responsible for such designation 
habitat. We also intend to remove the textual descriptions of final 
critical habitat boundaries set forth in the CFR for existing critical 
habitat designations in separate rulemakings in order to save the 
annual reprinting cost.
    We are proposing to add the following sentence to this regulation: 
``General descriptions of the location and boundaries of each area may 
be provided for clarification purposes or to explain the exclusion of 
sites (e.g., paved roads, buildings) within the mapped area.''

50 CFR 424.16(b)

    The proposed change to this section is in the first sentence where 
it currently states ``A notice of a proposed rule to carry out one of 
the actions described in Sec.  424.10 shall contain the complete text 
of the proposed rule.'' We are proposing to change the wording ``shall 
contain the complete text of the proposed rule'' to ``will contain a 
detailed description of the proposed action.'' Although we will in fact 
publish ``the complete text of the proposed regulation,'' as required 
by 16 U.S.C 1533(b)(5)(A)(i), this change in wording, along with the 
other changes in this notice, will clarify how we interpret this 
mandate in the context of critical habitat designation. As discussed 
above, should there be ambiguity with the scale of the map, our 
interpretation of what is included within the designation will be 
provided with the more detailed information discussed in the preamble 
of the rulemaking documents published in the Federal Register and made 
available from the lead office responsible for such designation 
habitat.
    Because the regulation will be the legally binding description of 
the designation, we included the language ``will contain a detailed 
description of the proposed action'' to clarify that the regulation (in 
the form of maps and any accompanying text) must itself provide a 
sufficiently detailed description.

50 CFR 424.16(c)(1)(ii)

    The proposed change to this section is removing the parenthetical 
phrase that states ``(including the complete text of the regulation).'' 
As stated above, this change in wording, along with the other changes 
proposed in this notice, will clarify how we interpret this mandate in 
the context of critical habitat designation. As discussed above, our 
interpretation of what is included within the designation will be 
provided with the more detailed information discussed in the preamble 
of the rulemaking documents published in the Federal Register and made 
available from the lead office responsible for such designation 
habitat.
    Because the regulation will be the legally binding description of 
the designation, we included the language ``will contain a detailed 
description of the proposed action'' to clarify that the regulation (in 
the form of maps and any accompanying text) must itself provide a 
sufficiently detailed description.

50 CFR 424.18(a)

    This section addresses the final rule requirements. In the second 
sentence of the existing regulation, we are proposing to replace ``the 
complete text of the rule'' with ``a detailed description of the action 
being finalized.'' As with the sections above that deal with the 
requirements for a proposed rule, changing the wording here, along with 
the other changes proposed in this notice, will clarify how we 
interpret this mandate in the context of critical habitat designation. 
As discussed above, our interpretation of what is included within the 
designation will be provided with the more detailed information 
discussed in the preamble of the rulemaking documents published in the 
Federal Register and made available from the lead office responsible 
for such designation habitat. Because the regulation will be the 
legally binding description of the designation, we included the 
language ``will contain a detailed description of the proposed action'' 
to clarify that the regulation (in the form of maps and any 
accompanying text) must itself provide a sufficiently detailed 
description.
    In the fourth sentence of the existing regulation, we are proposing 
to remove the references to the final rule containing a description of 
the boundaries of the critical habitat being designated. We are 
modifying this section and expanding the discussion on the requirement 
for a map. The new proposed section would read: ``A rule designating or 
revising critical habitat will also include a map of the critical 
habitat area. The map itself constitutes the official boundary of the 
designation. The official boundary may also be delineated by rule text 
or by the map as modified by rule text. The Services may also create 
additional explanatory text, information, or maps and include them in 
the preamble of the rulemaking document or make them available from the 
lead Service office responsible for the designation.'' This change will 
provide more clarity regarding the areas being designated, as well as 
allow us to reduce our printing costs in both the Federal Register and 
for the annual reproductions of the CFR. Our interpretation of what is 
included within the designation will be provided with the more detailed 
information discussed in the preamble of the rulemaking documents 
published in the Federal Register and made available from the lead 
office responsible for such designation habitat. We believe this change 
will not increase the burden on the public.

Required Determinations

Regulatory Planning and Review--Executive Order 12866

    The Office of Management and Budget (OMB) has determined that this 
rule is not significant under Executive Order 12866 (E.O. 12866). OMB 
bases its determination upon the following four criteria:
    a. Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    b. Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    c. Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    d. Whether the rule raises novel legal or policy issues.

[[Page 28411]]

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 
601 et seq., whenever an agency is required to publish a notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effects of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
the agency certifies the rule will not have a significant economic 
impact on a substantial number of small entities. The SBREFA amended 
the RFA to require Federal agencies to provide a statement of the 
factual basis for certifying that the rule will not have a significant 
economic impact on a substantial number of small entities.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule, if adopted, would not have a significant 
economic effect on a substantial number of small entities as defined 
under the RFA.
    This proposed rule would revise the implementing regulations 
contained within 50 CFR 17.94(b), 226.101, 424.12(c), 424.16(b) and 
(c)(1)(ii), and 424.18(a), to eliminate the requirement to publish 
textual descriptions of proposed (NMFS only) and final (NMFS and FWS) 
critical habitat boundaries in the Federal Register and reprinting in 
the CFR, and instead provide that the map(s), as clarified or refined 
by any textual language within the rule, constitutes the definition of 
the boundaries of a Critical Habitat. A full description of the action, 
why it is being considered, and the legal basis for this action are 
contained in the preamble to this proposed rule. The proposed rule does 
not duplicate, overlap, or conflict with other Federal rules.
    This rulemaking amends the procedural requirements for NMFS and FWS 
when designating critical habitat. NMFS and FWS are the only entities 
that are directly impacted by this rule, and they are not considered to 
be small entities under SBA's size standards. No other entities are 
directly impacted by this rule.
    The revisions to the implementing regulations proposed herein are 
not expected to impose any direct costs on regulated entities. The 
elimination of the procedural requirement to publish textual 
descriptions of proposed (NMFS only) and final (NMFS and FWS) critical 
habitat boundaries in the Federal Register and reprinting in the CFR is 
an administrative action, and it is intended to facilitate public 
understanding of the critical habitat designation process and make it 
easier for the public to determine if specific areas are within the 
critical habitat designation. In fact, this regulation would make the 
process more cost-effective for the agencies and the public as a whole 
and would potentially save the FWS alone an estimated $391,742 
annually. Therefore, for the reasons above, this proposed rule would 
not have a significant economic impact on a substantial number of small 
entities.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), the Services make the following findings:
    a. This 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. At the time of 
enactment, these entitlement programs were: Medicaid; AFDC work 
programs; Child Nutrition; Food Stamps; Social Services Block Grants; 
Vocational Rehabilitation State Grants; Foster Care, Adoption 
Assistance, and Independent Living; Family Support Welfare Services; 
and Child Support Enforcement. ``Federal private sector mandate'' 
includes a regulation that ``would impose an enforceable duty upon the 
private sector, except (i) a condition of Federal assistance or (ii) a 
duty arising from participation in a voluntary Federal program.''
    b. We do not believe this rule will significantly or uniquely 
affect small governments, because the revisions to the implementing 
regulations proposed herein will facilitate public understanding of the 
critical habitat designation process, and the areas included within the 
critical habitat, and make the process more cost-effective for the 
agencies and the public as a whole by potentially saving the FWS alone 
an estimated $391,742 annually. As such, we do not believe that a Small 
Government Agency Plan is required.

Takings--Executive Order 12630

    In accordance with Executive Order 12630 (``Government Actions and 
Interference with Constitutionally Protected Private Property 
Rights''), we have evaluated the proposal to revise the implementing 
regulations for designating critical habitat and have determined that 
this proposed rule does not pose significant takings implications. The 
proposed revisions to the implementing regulations are intended to 
facilitate the public understanding of the rulemaking process for 
critical habitat.

Federalism--Executive Order 13132

    In accordance with Executive Order 13132 (Federalism), the rule 
does not have significant Federalism effects. A Federalism assessment 
is not required. The revisions to the regulations addressed in this 
proposed rule are intended to facilitate the public understanding of 
the rulemaking process for critical habitat, and thus should not 
significantly affect or burden the authority of the States to govern 
themselves.

Civil Justice Reform--Executive Order 12988

    In accordance with Executive Order 12988 (Civil Justice Reform), 
the Office of the Solicitor has determined that the rule does not 
unduly burden the judicial system and meets the requirements of 
sections 3(a) and 3(b)(2) of the Order. The revisions to the 
regulations addressed in this proposed rule are intended to facilitate 
the public understanding of the rulemaking process for critical 
habitat, and thus should not significantly affect or burden the 
judicial system.

Paperwork Reduction Act of 1995

    This rule does not contain any new collections of information that 
require approval by OMB under the Paperwork Reduction Act. (44 U.S.C. 
3501 et seq.).

[[Page 28412]]

This rule will not impose recordkeeping or reporting requirements on 
State or local governments, individuals, businesses, or organizations. 
An agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number.

National Environmental Policy Act (NEPA)

    We determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act of 1969, need not be prepared in connection 
with regulations adopted under section 4(a) of the Act. We published a 
notice outlining our reasons for this determination in the Federal 
Register.
    Also, it is our position that, outside the jurisdiction of the 
United States Court of Appeals for the Tenth Circuit, we do not need to 
prepare environmental analyses as defined by NEPA (42 U.S.C. 4321 et 
seq.) in connection with designating critical habitat under the Act. We 
published a notice outlining our reasons for this determination in the 
Federal Register on October 25, 1983 (48 FR 49244). This assertion was 
upheld by the Circuit Court of the United States for the Ninth Circuit 
(Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995), cert. denied 
516 U.S. 1042 (1996)).
    However, we have analyzed this proposed rule in accordance with the 
criteria of the National Environmental Policy Act. Since this proposal 
is administrative in nature (i.e., we are making optional the inclusion 
of any textual description of the boundaries of the designation in the 
Federal Register), there is no effect to the quality of the human 
environment. This proposed rule does not constitute a major Federal 
action significantly affecting the quality of the human environment. An 
environmental assessment is not required.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175 ``Consultation and 
Coordination with Indian Tribal Governments,'' and the Department of 
the Interior Manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Native 
American Tribes on a government-to-government basis. We have evaluated 
the potential effects on federally recognized Tribes from these 
proposed revisions to our implementing regulations for critical 
habitat. We have determined that there are no potential effects to 
federally recognized Tribes since the revisions to the implementing 
regulations are intended to facilitate the public understanding of 
critical habitat designations and save taxpayer monies. We will, 
however, continue to coordinate with Tribes as we promulgate critical 
habitat designations.

Energy Supply, Distribution, or Use

    Executive Order 13211 (Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use) requires 
agencies to prepare Statements of Energy Effects when undertaking 
certain actions. This proposed rule to revise the implementing 
regulations for designating critical habitat is not expected to 
significantly affect energy supplies, distribution, or use. Therefore, 
this action is not a significant energy action and no Statement of 
Energy Effects is required.

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    a. Be logically organized;
    b. Use the active voice to address readers directly;
    c. Use clear language rather than jargon;
    d. Be divided into short sections and sentences; and
    e. Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise this rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you feel lists or tables would be 
useful, etc.

Author(s)

    The primary authors of this package are staff members from the U.S. 
Fish and Wildlife Service and the National Marine Fisheries Service.

List of Subjects in 50 CFR Parts 17, 226, and 424

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    Accordingly, we propose to amend parts 17, 226, and 424, subchapter 
B of chapter I, title 50 of the Code of Federal Regulations, as set 
forth below:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. In Sec.  17.94, revise paragraph (b) as set forth below:


Sec.  17.94  Critical habitats.

* * * * *
    (b)(1) For the Critical Habitat designations published and 
effective after [EFFECTIVE DATE OF FINAL RULE], the map provided by the 
Secretary of DOI, as clarified or refined by any textual language 
within the rule, constitutes the definition of the boundaries of a 
Critical Habitat. Each Critical Habitat area will be shown on a map, 
with more detailed information discussed in the preamble of the 
rulemaking documents published in the Federal Register and made 
available from the lead office of the Service responsible for such 
designation. Each area will be referenced to the State(s), county(ies), 
or other local government units within which all or part of the 
Critical Habitat is located. General descriptions of the location and 
boundaries of each area may be provided to clarify or refine what is 
included within the boundaries depicted on the map, or to explain the 
exclusion of sites (e.g., paved roads, buildings) within the mapped 
area. Unless otherwise indicated within the Critical Habitat 
descriptions, the names of the State(s) and county(ies) are provided 
for informational purposes only and do not constitute the boundaries of 
the area.
    (2) For Critical Habitat designations published and effective on or 
prior to [EFFECTIVE DATE OF FINAL RULE], the map provided by the 
Director is for reference purposes to guide Federal Agencies and other 
interested parties in locating the general boundaries of the Critical 
Habitat. The map does not, unless otherwise indicated, constitute the 
definition of the boundaries of a Critical Habitat. Critical Habitats 
are described by reference to surveyable landmarks found on standard 
topographic maps of the area and to the States and county(ies) within 
which all or part of the Critical Habitat is located.

[[Page 28413]]

Unless otherwise indicated within the Critical Habitat description, the 
State and county(ies) names are provided for informational purposes 
only.
* * * * *

PART 226--[AMENDED]

    3. The authority citation for part 226 continues to read as 
follows:

    Authority: 16 U.S.C. 1533.

    4. Revise Sec.  226.101 to read as follows:


Sec.  226.101  Purpose and scope.

    The regulations contained in this part identify those habitats 
designated by the Secretary of Commerce as critical, under section 4 of 
the Act, for endangered and threatened species under the jurisdiction 
of the Secretary of Commerce. Those species are enumerated at Sec.  
223.102 of this chapter if threatened and at Sec.  224.101 of this 
chapter if endangered. For regulations pertaining to the designation of 
critical habitat, see part 424 of this title; for regulations 
pertaining to prohibitions against the adverse modification or 
destruction of critical habitat, see part 402 of this title. Additional 
information regarding designated critical habitats that is not provided 
in this section may be obtained upon request to the Office of Protected 
Resources (see Sec.  222.102, definition of ``Office of Protected 
Resources'').

PART 424--[AMENDED]

    5. The authority citation for part 424 continues to read as 
follows:

    Authority: Pub. L. 93-205, 87 Stat. 884; Pub. L. 95-632, 92 
Stat. 3751; Pub. L. 96-159, 93 Stat. 1225; Pub. L. 97-304, 96 Stat. 
1411 (16 U.S.C. 1531 et seq.); unless otherwise noted.

    6. In Sec.  424.12, revise paragraph (c) as set forth below:


Sec.  424.12  Criteria for designating critical habitat.

* * * * *
    (c) Each Critical Habitat area will be shown on a map, with more 
detailed information discussed in the preamble of the rulemaking 
documents published in the Federal Register and made available from the 
lead office of the Services responsible for such designation. Textual 
information may be included for purposes of clarifying or refining the 
location and boundaries of each area or to explain the exclusion of 
sites (e.g., paved roads, buildings) within the mapped area. Each area 
will be referenced to the State(s), county(ies), or other local 
government units within which all or part of the Critical Habitat is 
located. Unless otherwise indicated within the Critical Habitat 
descriptions, the names of the State(s) and county(ies) are provided 
for informational purposes only and do not constitute the boundaries of 
the area. Ephemeral reference points (e.g., trees, sand bars) shall not 
be used in any textual description used to clarify or refine the 
boundaries of critical habitat.
* * * * *
    7. In Sec.  424.16, revise paragraphs (b) and (c)(1)(ii) as set 
forth below:


Sec.  424.16  Proposed rules.

* * * * *
    (b) Contents. A notice of a proposed rule to carry out one of the 
actions described in Sec.  424.10 will contain a detailed description 
of the proposed action and a summary of the data on which the proposal 
is based (including, as appropriate, citation of pertinent information 
sources) and will show the relationship of such data to the rule 
proposed. If such a rule designates or revises critical habitat, such 
summary will, to the maximum extent practicable, include a brief 
description and evaluation of those activities (whether public or 
private) that, in the opinion of the Secretary, if undertaken, may 
adversely modify such habitat or may be affected by such designation. 
Any proposed rule to designate or revise critical habitat shall contain 
a map of such habitat. Any such notice proposing the listing, 
delisting, or reclassification of a species or the designation or 
revision of critical habitat will also include a summary of factors 
affecting the species and/or its designated critical habitat.
    (c) * * *
    (1) * * *
    (ii) Give actual notice of the proposed regulation to the State 
agency in each State in which the species is believed to occur and to 
each county or equivalent jurisdiction therein in which the species is 
believed to occur, and invite the comment of each such agency and 
jurisdiction;
* * * * *
    8. In Sec.  424.18, revise paragraph (a) to read as follows:


Sec.  424.18  Final rules--general.

    (a) Contents. A final rule promulgated to carry out the purposes of 
the Act will be published in the Federal Register. This publication 
will contain a detailed description of the action being finalized, a 
summary of the comments and recommendations received in response to the 
proposal (including applicable public hearings), summaries of the data 
on which the rule is based and the relationship of such data to the 
final rule, and a description of any conservation measures available 
under the rule. Publication of a final rule to list, delist, or 
reclassify a species or designate or revise critical habitat will also 
provide a summary of factors affecting the species. For a rule 
designating or revising critical habitat, the detailed description of 
the action will include a map that delineates the official boundary of 
the designation. The official boundary may also be clarified or refined 
by rule text or by the map as modified by rule text. The Services may 
also create additional explanatory text, information, or maps and 
include them in the preamble of the rulemaking document or make them 
available from the lead office of the Service responsible for the 
designation. The rule will, to the maximum extent practicable, include 
a brief description and evaluation of those activities (whether public 
or private) that might occur in the area and which, in the opinion of 
the Secretary, may adversely modify such habitat or be affected by such 
designation.
* * * * *

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

    Dated: March 11, 2011.
Will Shafroth,
Acting Assistant Secretary for Fish and Wildlife and Parks, U.S. 
Department of the Interior.
    Dated: May 4, 2011.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 2011-11920 Filed 5-16-11; 8:45 am]
BILLING CODE 4310-55-P; 3510-22-P