[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR424.16]

[Page 856-857]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
CHAPTER IV--JOINT REGULATIONS (UNITED STATES FISH AND WILDLIFE SERVICE, 
 
PART 424_LISTING ENDANGERED AND THREATENED SPECIES AND DESIGNATING
 
                     Subpart B_Revision of the Lists
 
Sec. 424.16  Proposed rules.

    (a) General. Based on the information received through Sec. Sec. 
424.13, 424.14, 424.15, and 424.21, or through other available avenues, 
the Secretary may propose revising the lists as described in Sec. 
424.10.
    (b) Contents. A notice of a proposed rule to carry out one of the 
actions described in Sec. 424.10 shall contain the

[[Page 857]]

complete text of the proposed rule, a summary of the data on which the 
proposal is based (including, as appropriate, citation of pertinent 
information sources), and shall show the relationship of such data to 
the rule proposed. If such a rule designates or revises critical 
habitat, such summary shall, 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 shall also include a summary of factors affecting the 
species and/or critical habitat.
    (c) Procedures--(1) Notifications. In the case of any proposed rule 
to list, delist, or reclassify a species, or to designate or revise 
critical habitat, the Secretary shall--
    (i) Publish notice of the proposal in the Federal Register;
    (ii) Give actual notice of the proposed regulation (including the 
complete text of the 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;
    (iii) Give notice of the proposed regulation to any Federal 
agencies, local authorities, or private individuals or organizations 
known to be affected by the rule;
    (iv) Insofar as practical, and in cooperation with the Secretary of 
State, give notice of the proposed regulation to list, delist, or 
reclassify a species to each foreign nation in which the species is 
believed to occur or whose citizens harvest the species on the high 
seas, and invite the comment of such nation;
    (v) Give notice of the proposed regulation to such professional 
scientific organizations as the Secretary deems appropriate; and
    (vi) Publish a summary of the proposed regulation in a newspaper of 
general circulation in each area of the United States in which the 
species is believed to occur.
    (2) Period of public comments. At least 60 days shall be allowed for 
public comment following publication in the Federal Register of a rule 
proposing the listing, delisting, or reclassification of a species, or 
the designation or revision of critical habitat. All other proposed 
rules shall be subject to a comment period of at least 30 days following 
publication in the Federal Register. The Secretary may extend or reopen 
the period for public comment on a proposed rule upon a finding that 
there is good cause to do so. A notice of any such extension or 
reopening shall be published in the Federal Register, and shall specify 
the basis for so doing.
    (3) Public hearings. The Secretary shall promptly hold at least one 
public hearing if any person so requests within 45 days of publication 
of a proposed regulation to list, delist, or reclassify a species, or to 
designate or revise critical habitat. Notice of the location and time of 
any such hearing shall be published in the Federal Register not less 
than 15 days before the hearing is held.