Endangered and Threatened Wildlife and Plants; Threatened Status and Designation of Critical Habitat for Eriogonum codium (Umtanum Desert Buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs Bladderpod), 30839-30841 [2013-12379]

Download as PDF Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Proposed Rules conformity determinations to develop SIP revisions in non-attainment areas. Interagency consultation requirements are detailed in Regulation 10, and meet the federal requirements under 40 CFR 51.390, as published at 62 FR 43780 (August 15, 1997). Colorado AQCC Regulation 3 also provides for consultation and participation by local entities. Local governments receive notice and have the opportunity to comment on and participate in construction permit review procedures and operating permit application procedures. The Colorado AQCC holds a public hearing before adopting any regulatory revisions to the SIP. Local political subdivisions may participate in the hearing. b. EPA Analysis: Colorado’s submittal meets the requirements of CAA section 110(a)(2)(M) for the 1997 and 2006 PM2.5 NAAQS. tkelley on DSK3SPTVN1PROD with PROPOSALS VI. What action is EPA taking? In this action, EPA is proposing to approve the following infrastructure elements for the 1997 and 2006 PM2.5 NAAQS: (A), (B), (C) with respect to minor NSR requirements, (E), (F), (G), (H), (J) with respect to the requirements of sections 121 and 127 of the Act, (K), (L), and (M). EPA proposes to approve infrastructure elements (C) and (J) with respect to PSD requirements for the 1997 and 2006 PM2.5 NAAQS. EPA is also proposing to approve revisions to Regulation 3 submitted by Colorado on May 11, 2012, and May 13, 2013, which incorporate the requirements of the 2008 PM2.5 Implementation Rule and the 2010 PM2.5 Increment Rule; specifically, revisions to: Regulation 3, Part D, sections II.A.5.a and b, II.A.23.a and b, II.A.25.a.(i), (a).(ii), (a).(iii), and (b).(i), II.A.38.c and g, II.A.42.a. and X.A.1. as submitted on May 11, 2012, and revisions to II.A.23.c, as submitted on May 13, 2013. EPA is taking no action at this time on infrastructure element (D)(i)(I) for the 2006 PM2.5 NAAQS. VII. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this proposed action merely approves some state law as meeting federal requirements and disapproves other state law because it does not meet federal requirements; this VerDate Mar<15>2010 17:52 May 22, 2013 Jkt 229001 proposed action does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on Tribal governments or preempt Tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Greenhouse gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 30839 Dated: May 13, 2013. Howard M. Cantor, Acting Regional Administrator, Region 8. [FR Doc. 2013–12215 Filed 5–22–13; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R1–ES–2012–0017; FWS– R1–ES–2013–0012; 4500030113] RIN 1018–AX72; 1018–AZ54 Endangered and Threatened Wildlife and Plants; Threatened Status and Designation of Critical Habitat for Eriogonum codium (Umtanum Desert Buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs Bladderpod) Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of comment period. AGENCY: SUMMARY: We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on our May 15, 2012, proposed listing and designation of critical habitat for the Eriogonum codium (Umtanum desert buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs bladderpod) under the Endangered Species Act of 1973, as amended (Act). We are reopening the comment period to allow all interested parties an opportunity to comment on the proposed rules and to follow proper procedure in accordance with 16 U.S.C. section 1533(b)(5). Comments previously submitted on the proposed rules need not be resubmitted, as they will be fully considered in our determinations on these rulemaking actions. The comment period for the proposed rule published May 15, 2012 (77 FR 28704), is reopened. We will consider all comments received or postmarked on or before July 22, 2013. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on the closing date. ADDRESSES: Document availability: You may obtain copies of the proposed rule on the Internet at https:// www.regulations.gov at Docket No. FWS–R1–ES–2012–0017, or by mail from the Washington Field Office (see FOR FURTHER INFORMATION CONTACT). DATES: E:\FR\FM\23MYP1.SGM 23MYP1 30840 Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Proposed Rules tkelley on DSK3SPTVN1PROD with PROPOSALS Comment submission: You may submit written comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: https:// www.regulations.gov. Submit comments on the proposed listing rule to FWS– R1–ES–2012–0017. Submit comments on the proposed critical habitat rule to FWS–R1–ES–2013–0012. (2) By hard copy: Submit comments on the proposed listing rule by U.S. mail or handdelivery to: Public Comments Processing, Attn: FWS–R1–ES–2012– 0017; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042–PDM; Arlington, VA 22203. Submit comments on the proposed critical habitat rule by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS–R1–ES–2013– 0012; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042–PDM; Arlington, VA 22203. We request that you send comments only by the methods described above. We will post all comments on https:// 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: Ken Berg, Manager, U.S. Fish and Wildlife Service, Washington Fish and Wildlife Office, 510 Desmond Drive, Suite 102, Lacey, Washington 98503–1263, by telephone (360) 753–9440, or by facsimile (360) 753–9405. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Public Comments We will accept written comments and information during this reopened comment period on our proposed listing and designation of critical habitat for the Eriogonum codium (Umtanum desert buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs bladderpod) that was published in the Federal Register on May 15, 2012 (77 FR 28704). We will consider information and recommendations from all interested parties. As to the proposed listing determination, we are particularly interested in comments concerning: (1) Biological, commercial trade, or other relevant data concerning any threats (or lack thereof) to these species and regulations that may be addressing those threats. VerDate Mar<15>2010 17:52 May 22, 2013 Jkt 229001 (2) Additional information concerning the historical and current status, range, distribution, and population size of these species, including the locations of any additional populations. (3) Any information on the biological or ecological requirements of the species, and ongoing conservation measures for the species and their habitats. (4) Current or planned activities in the areas occupied by these species and possible impacts of these activities on these species. As to the proposed critical habitat determination, we are particularly interested in comments concerning: (5) The reasons why we should or should not designate habitat as ‘‘critical habitat’’ under section 4 of the Act, including whether there are threats to the species from human activity, the degree of which can be expected to increase due to the designation, and whether that increase in threat outweighs the benefit of designation such that the designation of critical habitat is not prudent. (6) Specific information on: (a) The amount and distribution of the species’ habitat; (b) What areas occupied by the species at the time of listing that contain features essential for the conservation of the species we should include in the designation and why; (c) Special management considerations or protection that may be needed in critical habitat areas we are proposing, including managing for the potential effects of climate change; and (d) What areas not occupied at the time of listing are essential to the conservation of the species and why. (7) Land use designations and current or planned activities in the subject areas and their possible impacts on proposed critical habitat. (8) Any foreseeable economic, national security, or other relevant impacts that may result from designating any area that may be included in the final designation. We are particularly interested in any impacts on small entities and the benefits of including or excluding areas from the proposed designation that are subject to these impacts. (9) Whether our approach to designating critical habitat could be improved or modified in any way to provide for greater public participation and understanding, or to assist us in accommodating public concerns and comments. If you submitted comments or information on the proposed rule (77 FR 28704) during the initial comment period from May 15, 2012, to July 16, PO 00000 Frm 00059 Fmt 4702 Sfmt 4702 2012, please do not resubmit them. We have incorporated them into the public record as part of the original comment period, and we will fully consider them in our final determinations. You may submit your comments and materials concerning the proposed rules by one of the methods listed in ADDRESSES. We request that you send comments only by the methods described in ADDRESSES. If you submit a comment via https:// www.regulations.gov, your entire comment—including any personal identifying information—will be posted on the Web site. We will post all hardcopy comments on https:// www.regulations.gov as well. 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. Comments and materials we receive, as well as supporting documentation we used in preparing the proposed rule, will be available for public inspection on https://www.regulations.gov at Docket No. FWS–R1–ES–2012–0017 for the proposed listing action and at Docket No. FWS–R1–ES–2013–0012 for the proposed critical habitat designation, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Washington Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). Background On May 15, 2012, we published a proposed rule to list Eriogonum codium (Umtanum desert buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs bladderpod) as threatened and to designate critical habitat for these species (77 FR 28704). We proposed to designate a total of approximately 344 acres (139 hectares) of critical habitat for Eriogonum codium in Benton County, Washington, and approximately 2,861 acres (1,158 hectares) of critical habitat for Physaria douglasii subsp. tuplashensis in Franklin County, Washington. That proposal had a 60-day comment period, ending July 16, 2012. On April 23, 2013, we published final rules for these proposed actions. We published the final listing rule under Docket No. FWS–R1–ES–2012–0017 (78 FR 23984) and the final critical habitat rule under Docket No. FWS–R1–ES– 2013–0012 (78 FR 24008). The provisions of the final rules did not change from what was proposed. Both final rules had an effective date of May 23, 2013. E:\FR\FM\23MYP1.SGM 23MYP1 Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Proposed Rules tkelley on DSK3SPTVN1PROD with PROPOSALS Elsewhere in today’s Federal Register, we are publishing a document to delay the effective date of those rules for 6 months—until November 22, 2013. We are delaying the effective date of the final rules and reopening the comment period on the proposed rules to allow us time to follow proper procedure in accordance with 16 U.S.C. section 1533(b)(5). If, after review of any comments received during this VerDate Mar<15>2010 17:52 May 22, 2013 Jkt 229001 reopened comment period, we determine that we should revise the final rules, we will announce this decision and our course of action in a document published in the Federal Register. Dated: May 20, 2013. Rachel Jacobsen, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2013–12379 Filed 5–22–13; 8:45 am] BILLING CODE 4310–55–P Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). PO 00000 Frm 00060 Fmt 4702 Sfmt 9990 30841 E:\FR\FM\23MYP1.SGM 23MYP1

Agencies

[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Proposed Rules]
[Pages 30839-30841]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12379]


=======================================================================
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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2012-0017; FWS-R1-ES-2013-0012; 4500030113]
RIN 1018-AX72; 1018-AZ54


Endangered and Threatened Wildlife and Plants; Threatened Status 
and Designation of Critical Habitat for Eriogonum codium (Umtanum 
Desert Buckwheat) and Physaria douglasii subsp. tuplashensis (White 
Bluffs Bladderpod)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service, announce the reopening 
of the public comment period on our May 15, 2012, proposed listing and 
designation of critical habitat for the Eriogonum codium (Umtanum 
desert buckwheat) and Physaria douglasii subsp. tuplashensis (White 
Bluffs bladderpod) under the Endangered Species Act of 1973, as amended 
(Act). We are reopening the comment period to allow all interested 
parties an opportunity to comment on the proposed rules and to follow 
proper procedure in accordance with 16 U.S.C. section 1533(b)(5). 
Comments previously submitted on the proposed rules need not be 
resubmitted, as they will be fully considered in our determinations on 
these rulemaking actions.

DATES: The comment period for the proposed rule published May 15, 2012 
(77 FR 28704), is reopened. We will consider all comments received or 
postmarked on or before July 22, 2013. Comments submitted 
electronically using the Federal eRulemaking Portal (see ADDRESSES, 
below) must be received by 11:59 p.m. Eastern Time on the closing date.

ADDRESSES: Document availability: You may obtain copies of the proposed 
rule on the Internet at https://www.regulations.gov at Docket No. FWS-
R1-ES-2012-0017, or by mail from the Washington Field Office (see FOR 
FURTHER INFORMATION CONTACT).

[[Page 30840]]

    Comment submission: You may submit written comments by one of the 
following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. Submit comments on the proposed listing rule to 
FWS-R1-ES-2012-0017. Submit comments on the proposed critical habitat 
rule to FWS-R1-ES-2013-0012.
    (2) By hard copy:
    Submit comments on the proposed listing rule by U.S. mail or hand-
delivery to: Public Comments Processing, Attn: FWS-R1-ES-2012-0017; 
Division of Policy and Directives Management; U.S. Fish and Wildlife 
Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA 22203.
    Submit comments on the proposed critical habitat rule by U.S. mail 
or hand-delivery to: Public Comments Processing, Attn: FWS-R1-ES-2013-
0012; Division of Policy and Directives Management; U.S. Fish and 
Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA 
22203.
    We request that you send comments only by the methods described 
above. We will post all comments on https://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: Ken Berg, Manager, U.S. Fish and 
Wildlife Service, Washington Fish and Wildlife Office, 510 Desmond 
Drive, Suite 102, Lacey, Washington 98503-1263, by telephone (360) 753-
9440, or by facsimile (360) 753-9405. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Public Comments

    We will accept written comments and information during this 
reopened comment period on our proposed listing and designation of 
critical habitat for the Eriogonum codium (Umtanum desert buckwheat) 
and Physaria douglasii subsp. tuplashensis (White Bluffs bladderpod) 
that was published in the Federal Register on May 15, 2012 (77 FR 
28704). We will consider information and recommendations from all 
interested parties.
    As to the proposed listing determination, we are particularly 
interested in comments concerning:
    (1) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to these species and regulations that may 
be addressing those threats.
    (2) Additional information concerning the historical and current 
status, range, distribution, and population size of these species, 
including the locations of any additional populations.
    (3) Any information on the biological or ecological requirements of 
the species, and ongoing conservation measures for the species and 
their habitats.
    (4) Current or planned activities in the areas occupied by these 
species and possible impacts of these activities on these species.
    As to the proposed critical habitat determination, we are 
particularly interested in comments concerning:
    (5) The reasons why we should or should not designate habitat as 
``critical habitat'' under section 4 of the Act, including whether 
there are threats to the species from human activity, the degree of 
which can be expected to increase due to the designation, and whether 
that increase in threat outweighs the benefit of designation such that 
the designation of critical habitat is not prudent.
    (6) Specific information on:
    (a) The amount and distribution of the species' habitat;
    (b) What areas occupied by the species at the time of listing that 
contain features essential for the conservation of the species we 
should include in the designation and why;
    (c) Special management considerations or protection that may be 
needed in critical habitat areas we are proposing, including managing 
for the potential effects of climate change; and
    (d) What areas not occupied at the time of listing are essential to 
the conservation of the species and why.
    (7) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat.
    (8) Any foreseeable economic, national security, or other relevant 
impacts that may result from designating any area that may be included 
in the final designation. We are particularly interested in any impacts 
on small entities and the benefits of including or excluding areas from 
the proposed designation that are subject to these impacts.
    (9) Whether our approach to designating critical habitat could be 
improved or modified in any way to provide for greater public 
participation and understanding, or to assist us in accommodating 
public concerns and comments.
    If you submitted comments or information on the proposed rule (77 
FR 28704) during the initial comment period from May 15, 2012, to July 
16, 2012, please do not resubmit them. We have incorporated them into 
the public record as part of the original comment period, and we will 
fully consider them in our final determinations.
    You may submit your comments and materials concerning the proposed 
rules by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    If you submit a comment via https://www.regulations.gov, your entire 
comment--including any personal identifying information--will be posted 
on the Web site. We will post all hardcopy comments on https://www.regulations.gov as well. 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.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing the proposed rule, will be available 
for public inspection on https://www.regulations.gov at Docket No. FWS-
R1-ES-2012-0017 for the proposed listing action and at Docket No. FWS-
R1-ES-2013-0012 for the proposed critical habitat designation, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Washington Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT).

Background

    On May 15, 2012, we published a proposed rule to list Eriogonum 
codium (Umtanum desert buckwheat) and Physaria douglasii subsp. 
tuplashensis (White Bluffs bladderpod) as threatened and to designate 
critical habitat for these species (77 FR 28704). We proposed to 
designate a total of approximately 344 acres (139 hectares) of critical 
habitat for Eriogonum codium in Benton County, Washington, and 
approximately 2,861 acres (1,158 hectares) of critical habitat for 
Physaria douglasii subsp. tuplashensis in Franklin County, Washington. 
That proposal had a 60-day comment period, ending July 16, 2012.
    On April 23, 2013, we published final rules for these proposed 
actions. We published the final listing rule under Docket No. FWS-R1-
ES-2012-0017 (78 FR 23984) and the final critical habitat rule under 
Docket No. FWS-R1-ES-2013-0012 (78 FR 24008). The provisions of the 
final rules did not change from what was proposed. Both final rules had 
an effective date of May 23, 2013.

[[Page 30841]]

    Elsewhere in today's Federal Register, we are publishing a document 
to delay the effective date of those rules for 6 months--until November 
22, 2013. We are delaying the effective date of the final rules and 
reopening the comment period on the proposed rules to allow us time to 
follow proper procedure in accordance with 16 U.S.C. section 
1533(b)(5). If, after review of any comments received during this 
reopened comment period, we determine that we should revise the final 
rules, we will announce this decision and our course of action in a 
document published in the Federal Register.

Authority

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

    Dated: May 20, 2013.
Rachel Jacobsen,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2013-12379 Filed 5-22-13; 8:45 am]
BILLING CODE 4310-55-P

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