Endangered and Threatened Wildlife and Plants; Threatened Status and Designation of Critical Habitat for Eriogonum codium, 38895-38897 [2013-15531]

Download as PDF Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Proposed Rules necessary for the safety of persons and contemporaneous documentation of the incident; (c) Offering timely transportation to each directly-involved employee’s home terminal, if necessary; (d) Offering counseling, guidance, and other appropriate support services to each directly-involved employee; (e) Permitting relief from the duty tour(s) subsequent to the critical incident, for an amount of time to be determined by each railroad, if requested by a directly-involved employee as may be necessary and reasonable; (f) Permitting each directly-involved employee such additional leave from normal duty as may be necessary and reasonable to receive preventive services or treatment related to the incident or both; and (g) Addressing how the railroad’s employees operating or otherwise working on track owned by or operated over by a different railroad will be afforded the protections of the plan. sroberts on DSK5SPTVN1PROD with PROPOSALS § 272.103P Submission of critical incident stress plan for approval by the Federal Railroad Administration. (a) Each railroad subject to this part shall submit to the Federal Railroad Administration, Office of Railroad Safety, 1200 New Jersey Avenue SE, Washington, DC 20590, for approval, the railroad’s critical incident stress plan no later than 12 months after the effective date of the final rule. (b) Each railroad subject to this part shall— (1) Simultaneously with its filing with FRA, serve, either by hard copy or electronically, a copy of the submission filed pursuant to paragraph (a) of this section or a material modification filed pursuant to paragraph (e) of this section on the international/national president of any non-profit employee labor organization representing a class or craft of the railroad’s employees subject to this part; and (2) Include in its submission filed pursuant to paragraph (a) of this section or a material modification filed pursuant to paragraph (e) of this section a statement affirming that the railroad has complied with the requirements of paragraph (b)(1) of this section, together with a list of the names and addresses of the persons served. (c) Not later than 90 days after the date of filing a submission pursuant to paragraph (a) of this section or a material modification pursuant to paragraph (e) of this section, a labor organization representing a class or craft of the railroad’s employees subject to VerDate Mar<15>2010 17:11 Jun 27, 2013 Jkt 229001 this part, may file a comment on the submission or material modification. (1) Each comment shall be submitted to the Associate Administrator for Railroad Safety/Chief Safety Officer, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590; and (2) The commenter shall certify that a copy of the comment was served on the railroad. (d) A critical incident stress plan is considered approved for purposes of this part if and when FRA notifies the railroad in writing that the critical incident stress plan is approved, or 120 days after FRA has received the railroad’s critical incident stress plan, whichever occurs first. (e) After FRA’s initial approval of a railroad’s critical incident stress plan, if the railroad makes a material modification of the critical incident stress plan, the railroad shall submit to FRA for approval a copy of the critical incident stress plan as it has been revised to reflect the material modification within 30 days of making the material modification. (f) Upon FRA approval of a railroad’s critical incident stress plan and any material modification of the critical incident stress plan, the railroad must make a copy of the railroad’s plan and the material modification available to the railroad’s employees identified in § 272.7. (g) Each railroad subject to this part must make a copy of the railroad’s plan available for inspection and reproduction by the FRA. § 272.105 Option to file critical incident stress plan electronically. (a) Each railroad to which this part applies is authorized to file by electronic means any critical incident stress plan submissions required under this part in accordance with the requirements of this section. (b) Prior to the railroad submitting its first critical incident stress plan submission electronically, the railroad shall provide the Associate Administrator with the following information in writing: (1) The name of the railroad; (2) The names of two individuals, including job titles, who will be the railroad’s points of contact and will be the only individuals allowed access to FRA’s secure document submission site; (3) The mailing addresses for the railroad’s points of contact; (4) The railroad’s system or main headquarters address located in the United States; (5) The email addresses for the railroad’s points of contact; and (6) The daytime telephone numbers for the railroad’s points of contact. PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 38895 (c) A railroad that electronically submits an initial critical incident stress plan, informational filing, or new portions or revisions to an approved critical incident stress plan required by this part shall be considered to have provided its consent to receive approval or disapproval notices from FRA by email. (d) A request for electronic submission or FRA review of written materials shall be addressed to the Associate Administrator for Railroad Safety/Chief Safety Officer, Federal Railroad Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. (e) FRA may electronically store any materials required by this part regardless of whether the railroad that submits the materials does so by delivering the written materials to the Associate Administrator and opts not to submit the materials electronically. (f) A railroad that opts not to submit the materials required by this part electronically, but provides one or more email addresses in its submission, shall be considered to have provided its consent to receive approval or disapproval notices from FRA by email or mail. Appendix A to Part 272—Schedule of Civil Penalties A civil penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $105,000 for any violation where circumstances warrant. See 49 U.S.C. 21301, 21304 and 49 CFR part 209, Appendix A. Issued in Washington, DC, on June 11, 2013. Joseph C. Szabo, Administrator. [FR Doc. 2013–15417 Filed 6–27–13; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket Nos. FWS–R1–ES–2012–0017; FWS–R1–ES–2013–0012; 4500030113] RIN 1018–AX72; RIN 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. E:\FR\FM\28JNP1.SGM 28JNP1 38896 Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Proposed Rules Proposed rule; notice of public hearings. ACTION: We, the U.S. Fish and Wildlife Service (Service), announce notice of two public hearings associated with the recent reopening of the comment period on our May 15, 2012, proposed listing and designation of critical habitat for Eriogonum codium (Umtanum desert buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs bladderpod) under the Endangered Species Act of 1973, as amended (Act). DATES: Public Hearings: We will hold two public hearings on Thursday, July 11, 2013. One hearing will occur from 9 a.m. to 12 p.m. at the Benton County Justice Center in Kennewick, Washington, and another hearing will occur at the TRAC Center in Pasco, Washington, from 3 p.m. to 5 p.m. and continuing from 6 p.m. to 8 p.m. (see ADDRESSES). Written Comments: We will consider comments received or postmarked on or before July 22, 2013, or at the public hearings. Please note comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES) must be received by 11:59 p.m. Eastern Time on the closing date. Any comments that we receive after the closing date may not be considered in the final decisions on these actions. ADDRESSES: Document Availability: You may obtain copies of the proposed rule at http://www.regulations.gov at Docket No. FWS–R1–ES–2012–0017 (proposed listing) and Docket No. FWS–R1–ES– 2013–0012 (proposed designation of critical habitat) for Umtanum desert buckwheat and White Bluffs bladderpod; from the Washington Fish and Wildlife Office’s Web site (http:// www.fws.gov/wafwo/ HanfordPlants.html); or by contacting the Washington Fish and Wildlife Office directly (see FOR FURTHER INFORMATION CONTACT). Public Hearings: The first of two public hearings for the Umtanum desert buckwheat and White Bluffs bladderpod will be held on July 11, 2013, at the Benton County Justice Center, 7122 West Quinault Place, Building A, Kennewick, Washington, 99336–7665. The second public hearing will be held on July 11, 2013, at the TRAC Center, 6600 Burden Blvd., Pasco, Washington, 99301. People needing reasonable accommodation in order to attend and participate in either public hearing should contact Ken Berg, Manager, Washington Fish and Wildlife Office, as soon as possible (see FOR FURTHER INFORMATION CONTACT). sroberts on DSK5SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 17:11 Jun 27, 2013 Jkt 229001 Comment Submission: You may submit written comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http:// 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 http:// 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, Washington Fish and Wildlife Office, 510 Desmond Drive, Suite 102, Lacey, WA 98503–1263; by telephone (360) 753–9440; or by facsimile (360) 534–9331. 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 the reopened comment period and public hearings 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 all 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. PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 (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, E:\FR\FM\28JNP1.SGM 28JNP1 Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Proposed Rules 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 http:// 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 http:// 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 http://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). sroberts on DSK5SPTVN1PROD with PROPOSALS 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. VerDate Mar<15>2010 17:11 Jun 27, 2013 Jkt 229001 On May 23, 2013, we published a notice reopening the comment period on our May 15, 2012, proposed listing and designation of critical habitat (78 FR 30839) and published a document to delay the effective date of the April 23, 2013 final rules for an additional 6 months—until November 22, 2013 (May 23, 2013; 78 FR 30772). We delayed the effective date of the final rules and reopened the comment period on the proposed rules to allow us time to follow proper procedure in accordance with 16 U.S.C. 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: June 20, 2013. Rachel Jacobson, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2013–15531 Filed 6–25–13; 4:15 pm] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R8–ES–2012–0067; 4500030114] RIN 1018–AY63 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Arctostaphylos franciscana Fish and Wildlife Service, Interior. ACTION: Proposed rule; revision and reopening of comment period. AGENCY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the September 5, 2012, proposed designation of critical habitat for Arctostaphylos franciscana (Franciscan manzanita) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of the draft economic analysis (DEA) for the proposed critical habitat designation and an amended required determinations section of the proposal. In addition, in this document, we have corrected the acreage calculations for our September 5, 2012, proposal due to SUMMARY: PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 38897 a mapping error. We also propose to increase the September 5, 2012, proposed designation of critical habitat for A. franciscana by approximately 73 acres (30 hectares) by adding two additional units in the City and County of San Francisco, California. We are reopening the comment period on the September 5, 2012, proposed rule for an additional 30 days to allow all interested parties an opportunity to comment simultaneously on that proposed critical habitat, the revisions to proposed critical habitat described in this document, the associated DEA, and the amended required determinations section. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule. DATES: The comment period for the proposed rule published September 5, 2012 (77 FR 54517), is reopened. We will consider comments received or postmarked on or before July 29, 2013. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES section, below) must be received by 11:59 p.m. Eastern Time on the closing date. Any comments that we receive after the closing date may not be considered in the final decision on this action. ADDRESSES: Document availability: You may obtain copies of the DEA and this document on the internet at http:// www.regulations.gov at Docket No. FWS–R8–ES–2012–0067, or by mail from the Sacramento Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). Written Comments: You may submit written comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http:// www.regulations.gov. Search for Docket No. FWS–R8–ES–2012–0067, which is the docket number for this rulemaking. (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS–R8–ES–2012– 0067; 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 http:// 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: Karen Leyse, Listing Coordinator, U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage E:\FR\FM\28JNP1.SGM 28JNP1

Agencies

[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Proposed Rules]
[Pages 38895-38897]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15531]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket Nos. FWS-R1-ES-2012-0017; FWS-R1-ES-2013-0012; 4500030113]
RIN 1018-AX72; RIN 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.

[[Page 38896]]


ACTION: Proposed rule; notice of public hearings.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 
notice of two public hearings associated with the recent reopening of 
the comment period on our May 15, 2012, proposed listing and 
designation of critical habitat for Eriogonum codium (Umtanum desert 
buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs 
bladderpod) under the Endangered Species Act of 1973, as amended (Act).

DATES: Public Hearings: We will hold two public hearings on Thursday, 
July 11, 2013. One hearing will occur from 9 a.m. to 12 p.m. at the 
Benton County Justice Center in Kennewick, Washington, and another 
hearing will occur at the TRAC Center in Pasco, Washington, from 3 p.m. 
to 5 p.m. and continuing from 6 p.m. to 8 p.m. (see ADDRESSES).
    Written Comments: We will consider comments received or postmarked 
on or before July 22, 2013, or at the public hearings. Please note 
comments submitted electronically using the Federal eRulemaking Portal 
(see ADDRESSES) must be received by 11:59 p.m. Eastern Time on the 
closing date. Any comments that we receive after the closing date may 
not be considered in the final decisions on these actions.

ADDRESSES: 
    Document Availability: You may obtain copies of the proposed rule 
at http://www.regulations.gov at Docket No. FWS-R1-ES-2012-0017 
(proposed listing) and Docket No. FWS-R1-ES-2013-0012 (proposed 
designation of critical habitat) for Umtanum desert buckwheat and White 
Bluffs bladderpod; from the Washington Fish and Wildlife Office's Web 
site (http://www.fws.gov/wafwo/HanfordPlants.html); or by contacting 
the Washington Fish and Wildlife Office directly (see FOR FURTHER 
INFORMATION CONTACT).
    Public Hearings: The first of two public hearings for the Umtanum 
desert buckwheat and White Bluffs bladderpod will be held on July 11, 
2013, at the Benton County Justice Center, 7122 West Quinault Place, 
Building A, Kennewick, Washington, 99336-7665. The second public 
hearing will be held on July 11, 2013, at the TRAC Center, 6600 Burden 
Blvd., Pasco, Washington, 99301. People needing reasonable 
accommodation in order to attend and participate in either public 
hearing should contact Ken Berg, Manager, Washington Fish and Wildlife 
Office, as soon as possible (see FOR FURTHER INFORMATION CONTACT).
    Comment Submission: You may submit written comments by one of the 
following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://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 http://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, Washington Fish and 
Wildlife Office, 510 Desmond Drive, Suite 102, Lacey, WA 98503-1263; by 
telephone (360) 753-9440; or by facsimile (360) 534-9331. 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 the reopened 
comment period and public hearings 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 all 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,

[[Page 38897]]

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 http://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 http://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 http://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.
    On May 23, 2013, we published a notice reopening the comment period 
on our May 15, 2012, proposed listing and designation of critical 
habitat (78 FR 30839) and published a document to delay the effective 
date of the April 23, 2013 final rules for an additional 6 months--
until November 22, 2013 (May 23, 2013; 78 FR 30772). We delayed the 
effective date of the final rules and reopened the comment period on 
the proposed rules to allow us time to follow proper procedure in 
accordance with 16 U.S.C. 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: June 20, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2013-15531 Filed 6-25-13; 4:15 pm]
BILLING CODE 4310-55-P