[Federal Register Volume 69, Number 127 (Friday, July 2, 2004)]
[Proposed Rules]
[Pages 40346-40347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15051]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
RIN 1018-AI95
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 402
[ID. 061804C]
RIN 0648-AQ69
Joint Counterpart Endangered Species Act Section 7 Consultation
Regulations
AGENCIES: Fish and Wildlife Service, Interior; and National Marine
Fisheries Service, National Oceanic and Atmospheric Administration,
Commerce.
ACTION: Proposed rule; availability of environmental assessment;
opening of comment period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (FWS) and the National
Oceanic and Atmospheric Administration's National Marine Fisheries
Service (NOAA Fisheries), (jointly, the Services), announce the
availability of the environmental assessment for the Interagency
Consultation on Regulatory Actions Under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) Counterpart Regulations, and the
opening of a comment period on the environmental assessment. The
Services are evaluating the environmental effects of establishing
counterpart regulations pursuant to Section 7 of the Endangered Species
Act of 1973, as amended (ESA). The proposed counterpart regulations
were published in the Federal Register on January 30, 2004 (69 FR 4465)
after coordination with the U.S. Environmental Protection Agency (EPA)
and the U.S. Department of Agriculture.
We are opening a comment period to allow all interested parties to
comment on the environmental assessment. Comments should be directed to
the adequacy of the environmental assessment, and should not address
issues related to the proposed rule itself. Comments previously
submitted on the proposed rule need not be resubmitted as they will be
incorporated into the public record and will be fully considered in the
final rule.
DATES: Comments on this environmental assessment must be received by
July 23, 2004, to be considered in the final decision.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: [email protected]. Include in the
subject line the following identifier: RIN 1018-AI95; RIN 0648-AQ69.
Please also include Attn: ``1018-AI95'' and your name and return
address in your Internet message.
Mail: Assistant Director for Endangered Species, U.S. Fish
and Wildlife Service, 4401 North Fairfax Drive, Room 420, Arlington,
Virginia 22203; or Chief of the Endangered Species Division, Office of
Protected Resources, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, Maryland 20910.
Federal e-rulemaking Portal: http:www.regulations.gov.
Fax: Gary Frazer, FWS, 703/358-2229; or Phil Williams,
NOAA Fisheries, 301/713-0376.
The FWS has agreed to take responsibility for receipt of public
comments and will share all comments it receives with NOAA Fisheries
and EPA. Comments and materials received in conjunction with this
environmental assessment will be available for inspection, by
appointment, during normal business hours at the above FWS address.
Electronic copies of this environmental assessment may be obtained
from the FWS World Wide Web site at: http://endangered.fws.gov/consultations/pesticides/index.html. Written copies of this
environmental assessment may be obtained from the Assistant Director
for Endangered Species, U.S. Fish and Wildlife Service, 4401 North
Fairfax Drive, Room 420, Arlington, Virginia 22203.
FOR FURTHER INFORMATION CONTACT: Gary Frazer, Assistant Director for
Endangered Species, at the above FWS address (Telephone 703/358-2171,
[[Page 40347]]
Facsimile 703/358-2229) or Phil Williams, Chief, Endangered Species
Division, NOAA Fisheries, 1315 East-West Highway, Silver Spring, MD
20910 (301/713-1401; facsimile 301/713-0376).
SUPPLEMENTARY INFORMATION:
Background
Counterpart regulations, as generally described at 50 CFR 402.04,
provide an optional alternative to the existing section 7 consultation
process described in 50 CFR part 402, subparts A and B. Counterpart
regulations complement the general consultation regulations in part 402
by allowing individual Federal agencies to ``fine tune'' the general
consultation framework to reflect their particular program
responsibilities and obligations. The proposed counterpart regulations
published in the Federal Register on January 30, 2004 (69 FR 4465),
would establish new methods of interagency coordination between EPA and
the Services and create two new, optional, alternative approaches for
EPA to fulfill its obligations to ensure that its actions under FIFRA
are not likely to jeopardize the continued existence of listed species
or destroy or adversely modify critical habitat.
We considered two alternatives, as presented in the environmental
assessment. Finalizing the proposed counterpart regulation is the
preferred alternative. Adopting this preferred alternative would
eliminate the requirement for EPA to obtain written concurrences from
the Services whenever EPA makes a ``not likely to adversely affect''
determination (for listed species or critical habitats) for any FIFRA
action. This preferred alternative would also result in a new
alternative approach to formal consultations whenever EPA makes a
likely to adversely affect determination (for listed species or
critical habitats) for any FIFRA action. The ``no action'' alternative
would leave the current section 7 consultation process in place.
Authority: The authority for this action is the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: June 24, 2004.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
John H. Dunnigan,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 04-15051 Filed 7-1-04; 8:45 am]
BILLING CODE 3510-22-P; 4310-55-P