National Wetland Plant List, 60449-60452 [2021-23891]
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Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Notices
The final rule, 86 FR 9224 (Feb. 11,
2021), provides relief from certain part
37 requirements that SEFs found in
practice to be operationally unworkable
or unnecessarily burdensome. The
Commission revised information
collection number 3038–0074 to reflect
the adoption of amendments to part 37
of its regulations, as discussed below,
but does not believe the regulations as
adopted impose any other new
collections of information that require
approval of OMB under the PRA.
With respect to the collection of
information, the CFTC invites
comments on:
• Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information will have a practical use;
• The accuracy of the Commission’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
• Ways to enhance the quality,
usefulness, and clarity of the
information to be collected; and
• Ways to minimize the burden of
collection of information on those who
are to respond, including through the
use of appropriate automated electronic,
mechanical, or other technological
collection techniques or other forms of
information technology; e.g., permitting
electronic submission of responses.
All comments must be submitted in
English, or if not, accompanied by an
English translation. Comments will be
posted as received to https://
www.cftc.gov. You should submit only
information that you wish to make
available publicly. If you wish the
Commission to consider information
that you believe is exempt from
disclosure under the Freedom of
Information Act, a petition for
confidential treatment of the exempt
information may be submitted according
to the procedures established in § 145.9
of the Commission’s regulations.1
The Commission reserves the right,
but shall have no obligation, to review,
pre-screen, filter, redact, refuse or
remove any or all of your submission
from https://www.cftc.gov that it may
deem to be inappropriate for
publication, such as obscene language.
All submissions that have been redacted
or removed that contain comments on
the merits of the Information Collection
Request will be retained in the public
comment file and will be considered as
required under the Administrative
Procedure Act and other applicable
1 17
CFR 145.9.
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laws, and may be accessible under the
Freedom of Information Act.
Burden Statement: The Commission
is revising its estimate of the burden for
this collection for 3038–0074. The
respondent burden for this collection is
estimated to be as follows:
Estimated Number of Respondents:
20.
Estimated Average Burden Hours per
Respondent: 387.
Estimated Total Annual Burden
Hours: 7,740.
Frequency of Collection: Once.
There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: October 28, 2021.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2021–23856 Filed 11–1–21; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
National Wetland Plant List
Army Corps of Engineers, DoD.
Notice.
AGENCY:
ACTION:
The U.S. Army Corps of
Engineers (USACE), as part of an
interagency effort with the U.S.
Environmental Protection Agency
(EPA), the U.S. Fish and Wildlife
Service (FWS) and the U.S. Department
of Agriculture Natural Resources
Conservation Service (NRCS), is
announcing the availability of the final
2020 National Wetland Plant List
(NWPL). The NWPL provides plant
species indicator status ratings, which
are used in determining whether the
hydrophytic vegetation factor is met
when conducting wetland delineations
under the Clean Water Act and wetland
determinations under the Wetland
Conservation Provisions of the Food
Security Act. Other applications of the
NWPL include wetland restoration,
establishment, and enhancement
projects.
SUMMARY:
The 2020 NWPL will become
applicable on November 2, 2021, and
will be used in any wetland
delineations performed after this date.
Delineations completed prior to this
date may still use the 2018 NWPL.
Completed wetland delineation/
determination forms should reference
the version of the NWPL used to
complete the form.
DATES:
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60449
U.S. Army Corps of
Engineers, Attn: CECW–CO–R, 441 G
Street NW, Washington, DC 20314–
1000.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Brianne McGuffie, Headquarters, U.S.
Army Corps of Engineers, Operations
and Regulatory Community of Practice,
Washington, DC 20314–1000, by phone
at 202–761–4750 or by email at
brianne.e.mcguffie@usace.army.mil.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Army Corps of Engineers
(USACE) administers the National
Wetland Plant List (NWPL) for the
United States (U.S.) and its territories.
Responsibility for the NWPL was
transferred to USACE from the U.S. Fish
and Wildlife Service (FWS) in 2006. The
NWPL has undergone several revisions
since its inception in 1988. Additions or
deletions to the NWPL represent new
records, range extensions,
nomenclatural and taxonomic changes,
and newly proposed species. The latest
review process began in 2020 and
included review by Regional Panels
(RPs), the National Panel (NP), and the
public, who provided input on
proposed wetland rating changes or
additions for 27 species and 48 regional
ratings (some species were reviewed for
multiple regions) submitted by the
public. Twenty of these species were
proposed for addition to the NWPL, and
seven species were submitted for a
rating change request in one or more
regions. The proposed indicator changes
were announced in a Federal Register
Notice, 86 FR 15656, March 24, 2021,
with the comment period ending on
May 24, 2021. Thirteen comments were
received during that time.
Wetland Indicator Status Ratings
On the NWPL, there are five
categories of wetland indicator status
ratings, used to indicate a plant’s
likelihood for occurrence in wetlands
versus non-wetlands: Obligate Wetland
(OBL), Facultative Wetland (FACW),
Facultative (FAC), Facultative Upland
(FACU), and Upland (UPL). These rating
categories are defined by the NP as
follows: OBL—almost always occur in
wetlands; FACW—usually occur in
wetlands, but may occur in nonwetlands; FAC—occur in wetlands and
non-wetlands; FACU—usually occur in
non-wetlands, but may occur in
wetlands; UPL—almost always occur in
non-wetlands. These category
definitions are qualitative descriptions
that better reflect the qualitative
supporting information, rather than
numeric frequency ranges. The
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percentage frequency categories used in
the older definitions are only used for
testing problematic or contested species
being recommended for indicator status
changes. Plus and minus designations
and wetland indicator designations such
as No Indicator (NI), No Occurrence
(NO), and No Agreement (NA) were
removed in 2012 and are no longer used
on the NWPL. More information on the
specifics of how to use these ratings is
available on the NWPL website at
https://wetlandplants.sec.usace.army.mil/.
The NWPL is utilized in conducting
wetland delineations under the
authority of Section 404 of the Clean
Water Act (33 U.S.C. 1344) and Section
10 of the Rivers and Harbors Act of 1899
(33 U.S.C. 401 et seq.) and wetland
determinations under the authority of
the Food Security Act of 1985 (16 U.S.C.
3801 et seq.). For the purposes of
determining how often a species occurs
in wetlands, wetlands are defined as
either (1) those areas that are inundated
or saturated by surface or ground water
at a frequency and duration sufficient to
support, and that under normal
circumstances do support, a prevalence
of vegetation typically adapted for life
in saturated soil conditions (33 CFR
328.3) or (2) ‘‘except when such term is
part of the term ‘converted wetland,’
means land that has a predominance of
hydric soils; is inundated or saturated
by surface or groundwater at a
frequency and duration sufficient to
support a prevalence of hydrophytic
vegetation typically adapted for life in
saturated soil conditions; and under
normal circumstances does support a
prevalence of such vegetation.’’ (16
U.S.C. 3801(a)(27) and 7 CFR 12.2).
Wetlands are identified using the threefactor approach. Because each species
being evaluated occurs as part of a
vegetation assemblage, examining the
other species present in relation to their
assigned wetland fidelity may be useful
in assessing hydrophytic vegetation.
Discussion of Public Comments
For the 2020 NWPL update, the
NWPL NP and RPs reviewed proposed
wetland rating changes or additions for
27 species and 48 regional ratings (some
species were reviewed for multiple
regions) submitted by the public.
Twenty of these species were proposed
for addition to the NWPL, and seven
species were submitted for a rating
change request in one or more regions.
Submitted information was reviewed by
the NP and RPs, and proposed 2020
ratings for these species were
determined. Along with soliciting
information on the species being
evaluated, we also solicited comments
on the overall NWPL process. This
information was detailed in the Federal
Register Notice, 86 FR 15656, March 24,
2021 and is provided in the table below.
At the close of the comment period
associated with the Federal Register
notice, it was discovered that
Spiranthes diluvialis, which was
proposed for listing on the NWPL, was
already included on the existing NWPL
with the indicator status rating of FACW
in the Arid West (AW), Great Plains
(GP), and Western Mountains, Valleys,
and Coast (WMVC). As a result, no
action was taken with regard to
Spiranthes diluvialis and the indicator
status remains unchanged.
In response to the initial Federal
Register notice, thirteen comments were
received, addressing seven different
species. One comment was regarding
‘‘Populus fremontii’’ (synonym of
Populus deltoides on the 2018 NWPL),
recommending that the indicator status
in the AW be changed from FAC to
FACW. However, this species was not
proposed for review or recommended
indicator status change at the beginning
of the 2020 update process and is
therefore not included in this update
effort. The proposed change to this
species will be evaluated in the 2022
NWPL update. Another comment was
on Echinacea laevigata in the Atlantic
and Gulf Coastal Plain (AGCP) and the
Eastern Mountains and Piedmont
(EMP). The commenter agreed with the
proposed indicator status of FACU for
both regions. The main point of this
comment was questioning whether rare
species, such as E. laevigata, should be
included on the NWPL. This comment
was reviewed by the NWPL RPs and NP
and there was overall agreement that it
is appropriate to include all species for
which we have adequate data to support
assignment of an indicator status.
One commenter recommended that
Boltonia decurrens in the Midwest
(MW) be rated FACW, rather than the
proposed FAC. Five commenters
recommended that Populus balsamifera
in the WMVC be rated FAC, rather than
the proposed FACW. Three
commenters, two in the AW and one in
the WMVC, recommended that Vinca
major be rated FACU, rather than the
proposed FAC. These recommendations
were reviewed by the NWPL RPs and
NP, along with literature, specimen
collection data, and professional
experience and the commenters’
recommendations were chosen as the
final ratings for each of these three
species.
One commenter recommended that
Platanthera praeclara in the MW be
rated FACW, rather than the proposed
FAC. This recommendation was
reviewed by the MW and GP RPs and
the NP, along with literature, specimen
collection data, and professional
experience and the commenter’s
recommendation of FACW was chosen
as the final rating in both the MW and
the GP.
One commenter recommended that
Hypericum calycinum in the AW be
rated UPL, rather than the proposed
FAC. This recommendation was
reviewed by the AW and WMVC RPs
and the NP, along with literature,
specimen collection data, and
professional experience. Based on this
review, FACU was assigned as the
indicator status for Hypericum
calycinum in both the AW and WMVC
Regions.
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SPECIES REVIEWED FOR NWPL 2020 UPDATE
Species
Region
Current 2018
NWPL rating *
Proposed 2020
NWPL rating
Aconitum noveboracense ..
Aconitum noveboracense ..
Aeschynomene virginica ...
Apios priceana ...................
Apios priceana ...................
Apios priceana ...................
Asclepias meadii ...............
Asclepias meadii ...............
Asplenium scolopendrium
Asplenium scolopendrium
Atriplex lentiformis .............
MW ....................................
NCNE ................................
AGCP ................................
AGCP ................................
EMP ..................................
MW ....................................
EMP ..................................
MW ....................................
EMP ..................................
NCNE ................................
AW ....................................
NL ......................................
NL ......................................
FACW ................................
NL ......................................
NL ......................................
NL ......................................
NL ......................................
NL ......................................
NL ......................................
NL ......................................
FAC ...................................
FACW ................................
FAC ...................................
OBL ...................................
FACU ................................
FACU ................................
FACU ................................
FACU ................................
FACU ................................
FACU ................................
UPL ...................................
FACU ................................
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Final 2020
NWPL rating
FACW.
FAC.
OBL.
FACU.
FACU.
FACU.
FACU.
FACU.
FACU.
UPL.
FACU.
Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Notices
60451
SPECIES REVIEWED FOR NWPL 2020 UPDATE—Continued
Species
Region
Current 2018
NWPL rating *
Proposed 2020
NWPL rating
Boltonia decurrens ............
Celastrus orbiculatus .........
Cirsium pitcheri ..................
Cirsium pitcheri ..................
Dalea foliosa ......................
Dalea foliosa ......................
Dalea foliosa ......................
Echinacea laevigata ..........
Echinacea laevigata ..........
Helianthus verticillatus .......
Hypericum calycinum ........
Hypericum calycinum ........
Lespedeza leptostachya ....
Lespedeza leptostachya ....
Ligustrum lucidum .............
Ligustrum lucidum .............
Ligustrum lucidum .............
Oxypolis canbyi .................
Peucedanum palustre .......
Physaria globosa ...............
Physaria globosa ...............
Pinus palustris ...................
Platanthera praeclara ........
Platanthera praeclara ........
Platanthera praeclara ........
Populus balsamifera ..........
Quercus pagoda ................
Silene spaldingii ................
Silene spaldingii ................
Spiranthes diluvialis ...........
Spiranthes diluvialis ...........
Spiranthes diluvialis ...........
Trifolium stoloniferum ........
Trifolium stoloniferum ........
Vinca major .......................
Vinca major .......................
Xylocarpus moluccensis ....
MW ....................................
NCNE ................................
MW ....................................
NCNE ................................
NCNE ................................
EMP ..................................
MW ....................................
AGCP ................................
EMP ..................................
AGCP ................................
AW ....................................
WMVC ...............................
MW ....................................
NCNE ................................
AGCP ................................
GP .....................................
HI .......................................
AGCP ................................
NCNE ................................
MW ....................................
EMP ..................................
AGCP ................................
GP .....................................
MW ....................................
NCNE ................................
WMVC ...............................
AGCP ................................
AW ....................................
WMVC ...............................
AW ....................................
GP .....................................
WMVC ...............................
EMP ..................................
MW ....................................
AW ....................................
WMVC ...............................
HI .......................................
NL ......................................
UPL ...................................
NL ......................................
NL ......................................
NL ......................................
NL ......................................
NL ......................................
NL ......................................
NL ......................................
OBL ...................................
NL ......................................
NL ......................................
NL ......................................
NL ......................................
NL ......................................
NL ......................................
NL ......................................
NL ......................................
NL ......................................
NL ......................................
NL ......................................
FACU ................................
NL ......................................
NL ......................................
NL ......................................
FAC ...................................
FACW ................................
NL ......................................
NL ......................................
FACW ................................
FACW ................................
FACW ................................
NL ......................................
NL ......................................
NL ......................................
NL ......................................
NL ......................................
FAC ...................................
FACU ................................
FACU ................................
UPL ...................................
FAC ...................................
FAC ...................................
FAC ...................................
FACU ................................
FACU ................................
FAC ...................................
FAC ...................................
FAC ...................................
FACU ................................
FACU ................................
FAC ...................................
FACU ................................
FAC ...................................
OBL ...................................
OBL ...................................
FACU ................................
FACU ................................
FAC ...................................
FAC ...................................
FAC ...................................
FACW ................................
FACW ................................
FAC ...................................
FACU ................................
FACU ................................
FACW ................................
FACW ................................
FACW ................................
FACU ................................
FACU ................................
FAC ...................................
FAC ...................................
OBL ...................................
Final 2020
NWPL rating
FACW.
FACU
FACU.
UPL.
FAC.
FAC.
FAC.
FACU.
FACU.
OBL.
FACU.
FACU.
FACU.
FACU.
FAC.
FACU.
FAC.
OBL.
OBL.
FACU.
FACU.
FAC.
FACW.
FACW.
FACW.
FAC.
FAC.
FACU.
FACU.
FACW.
FACW.
FACW.
FACU.
FACU.
FACU.
FACU.
OBL.
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* NL = ‘‘Not Listed’’ and indicates proposed additions to the NWPL.
As part of the 2020 NWPL update,
USACE also proposed making two
administrative changes with the Hawai’i
and Pacific Islands Region (HI) and the
South Pacific Islands Subregion (SPI).
No comments were received from the
public on this proposal. NWPL
subregions are areas in which small
numbers of wetland plants have
wetland indicator status ratings that
differ from the ratings for the same plant
species in the rest of the region.
Boundaries of subregions are typically
based on Major Land Resource Areas.
Under the previous format, the SPI
included certain plant species which
had an indicator status rating for SPI but
not for HI (see e.g., indicator status
ratings for Abildgaardia ovata; SPI=
FACW, HI= NL). This previous format of
HI/SPI is inconsistent with the
formatting of other NWPL regions and
subregions and has caused some
confusion when applying the NWPL
within HI.
To address this confusion, USACE
finalized the two proposed
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administrative changes, neither of
which affect the current boundaries of
SPI, HI, or any other NWPL regions or
subregions. First, USACE reformatted
SPI and HI by merging the lists of plant
species from the existing SPI and HI to
form a single, comprehensive region,
with SPI serving as a subregion of HI,
instead of the previous state of the
region in which SPI served as a standalone subregion separate from the larger
HI region. Plant species that had an
indicator status rating for SPI but not for
HI (e.g., Abildgaardia ovata) now have
a single, comprehensive indicator status
rating for the entire region (HI). For
those species which had differing
indicator status ratings between SPI and
HI (e.g., Abrus precatorius), the
indicator status rating for SPI has been
added to the reformatted SPI, which
will serve as a subset of indicator status
ratings within HI, and includes only
those plant species and associated
indicator status ratings which differ
from the HI indicator status rating. With
the exception of Xylocarpus
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moluccensis and Ligustrum lucidum,
which were recommended changes
submitted by the public, all indicator
status ratings for SPI and HI were
retained through this reformatting. This
administrative change provides greater
clarity for the public, removes
redundancies in the NWPL that existed
between SPI and HI, allows for a
consistent formatting of subregions
between all NWPL regions, and more
accurately and appropriately reflects
species’ distribution and wetland
frequency within SPI and HI.
In addition to reformatting SPI and HI
to form a single, comprehensive region,
USACE also renamed SPI from its
current name, ‘‘South Pacific Islands
Subregion’’, to ‘‘Pacific Islands
Subregion.’’ This subregion includes
islands which are located within both
the northern Pacific (i.e., the
Commonwealth of the Northern Mariana
Islands and the Territory of Guam) and
southern Pacific (i.e., the Territory of
American Samoa). Therefore, the name
change more accurately characterizes
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the geographic extent and spatial
variability of this subregion. This
change also creates consistency between
the naming conventions of the NWPL
regions and subregions and the Regional
Supplements to the Corps of Engineers
Wetland Delineation Manual regions.
In accordance with the Memorandum
of Agreement signed in 2017 (2017
MOA),1 future updates to the NWPL
will continue to occur biennially. The
public may provide input to be
considered as part of future NWPL
updates by utilizing the following
procedures. A change in indicator status
or addition of a currently unlisted
species may be requested at any time at
https://wetlandplants.sec.usace.army.mil/ by clicking
on the ‘‘Submit a NWPL Change
Request’’ link and submitting the
appropriate data. Appropriate data
includes ecological data, literature
reviews, frequency and abundance data,
testing descriptions, and geographic
data for the taxon in wetlands and nonwetlands in the USACE wetland region
or subregion for which the change is
proposed.
In accordance with the Memorandum
of Agreement signed in 2006 (2006
MOA),2 USACE, endorsed by the EPA,
FWS and NRCS, is publishing final
wetland indicator statuses for the 2020
NWPL. The final NWPL is available at
https://wetlandplants.sec.usace.army.mil/. State,
regional, and national lists can also be
downloaded from this site. This
completes the review of the NWPL. All
comments received have been evaluated
and final indicator statuses have been
set.
Detailed information on the update
process, protocol, and technical issues
can be found in the following
documents (available on the NWPL
Publications web page):
• Lichvar, Robert W. and Minkin,
Paul. Concepts and Procedures for
Updating the National Wetland Plant
List. Sept 2008. ERDC/CRREL TN–08–3.
Hanover, NH: U.S. Army Engineer
Research and Development Center, Cold
Regions Research and Engineering
Laboratory.
• Lichvar, Robert W. and Gillrich,
Jennifer J. Final Protocol for Assigning
Wetland Indicator Status Ratings during
National Wetland Plant List Update.
Sept 2011. ERDC/CRREL TN–11–1.
Hanover, NH: U.S. Army Engineer
Research and Development Center, Cold
Regions Research and Engineering
Laboratory.
Additional cited literature:
Lichvar R.W., N.C. Melvin, M.L.
Butterwick, and W.N. Kirchner. 2012.
National Wetland Plant List Indicator
Rating Definitions. ERDC/CRREL TN–
12–1. Hanover, NH: U.S. Army Engineer
Research and Development Center Cold
Regions Research and Engineering
Laboratory
Environmental Documentation
A decision document has been
prepared for this action after all
comments received were evaluated. The
decision document is available through
Headquarters, U.S. Army Corps of
Engineers, Operations and Regulatory
Community of Practice, 441 G Street
NW, Washington, DC 20314–1000.
Authority
The NWPL is utilized in conducting
wetland determinations under the
authority of the Food Security Act of
1985 (16 U.S.C. 3801 et seq.) and
wetland delineations under the
authority of Section 404 of the Clean
Water Act (33 U.S.C. 1344) and Section
10 of the Rivers and Harbors Act of 1899
(33 U.S.C. 401 et seq.). The Corps has
responsibility for issuing this update
pursuant to the 2006 MOA.
Jaime A. Pinkham,
Acting Assistant Secretary of the Army (Civil
Works).
[FR Doc. 2021–23891 Filed 11–1–21; 8:45 am]
BILLING CODE 3720–58–P
jspears on DSK121TN23PROD with NOTICES1
1 U.S.
Army Corps of Engineers, the U.S.
Environmental Protection Agency, the U.S. Fish &
Wildlife Service and the Natural Resources
Conservation Service. (2017). Memorandum of
Agreement Among the U.S. Army Corps of
Engineers, the U.S. Environmental Protection
Agency, the U.S. Fish & Wildlife Service and the
Natural Resources Conservation Service for the
Purpose of Updating and Maintaining the National
Wetland Plant List.
2 U.S. Army Corps of Engineers, the U.S.
Environmental Protection Agency, the U.S. Fish &
Wildlife Service and the Natural Resources
Conservation Service. (December 12, 2006).
Memorandum of Agreement Among the U.S. Army
Corps of Engineers, the U.S. Environmental
Protection Agency, the U.S. Fish & Wildlife Service
and the Natural Resources Conservation Service for
the Purpose of Transferring Responsibility for
Updating and Maintaining the National List of
Vascular Plant Species that Occur in Wetlands.
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DEPARTMENT OF EDUCATION
National Assessment Governing Board
Meeting
National Assessment
Governing Board, Department of
Education.
ACTION: Notice of open and closed
hybrid meetings.
AGENCY:
This notice sets forth the
agenda for the National Assessment
Governing Board (hereafter referred to
as Governing Board) meeting scheduled
for November 18–19, 2021. This notice
SUMMARY:
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provides information about the meeting
to members of the public who may be
interested in attending and/or providing
written comments related to the work of
the Governing Board. Notice of this
meeting is required under the Federal
Advisory Committee Act (FACA).
ADDRESSES: In-person attendance for
this meeting is for members and staff
due to ED in-person meeting conference
guidelines and COVID–19 social
distancing requirements. Governing
Board members and staff will meet at
the Hilton Washington DC Capitol Hill,
525 New Jersey Ave. NW, Washington,
DC 20001. Virtual attendance for all
open sessions will be accessible to
members of the public who register per
the instructions provided in the
SUPPLEMENTARY INFORMATION section of
this notice.
FOR FURTHER INFORMATION CONTACT:
Munira Mwalimu, Executive Officer/
Designated Federal Official for the
Governing Board, 800 North Capitol
Street NW, Suite 825, Washington, DC
20002, telephone: (202) 357–6906, fax:
(202) 357–6945, email:
Munira.Mwalimu@ed.gov.
SUPPLEMENTARY INFORMATION: Statutory
Authority and Function: The Governing
Board is established under the National
Assessment of Educational Progress
Authorization Act, Title III of Public
Law 107–279. Information on the
Governing Board and its work can be
found at www.nagb.gov.
The Governing Board formulates
policy for the National Assessment of
Educational Progress (NAEP)
administered by the National Center for
Education Statistics (NCES). The
Governing Board’s responsibilities
include: (1) Selecting subject areas to be
assessed; (2) developing assessment
frameworks and specifications; (3)
developing appropriate student
achievement levels for each grade and
subject tested; (4) developing standards
and procedures for interstate and
national comparisons; (5) improving the
form and use of NAEP; (6) developing
guidelines for reporting and
disseminating results; and (7) releasing
initial NAEP results to the public.
Standing Committee Meetings
The Governing Board’s standing
committees will meet to conduct
regularly scheduled work planned for
this Quarterly Board Meeting and any
items undertaken by committees for
consideration by the full Governing
Board. (Please see committee meeting
minutes for previous meetings, available
at https://www.nagb.gov/governingboard/quarterly-board-meetings.html).
Committee meeting agendas will be
E:\FR\FM\02NON1.SGM
02NON1
]]>Agencies
[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Notices]
[Pages 60449-60452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23891]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
National Wetland Plant List
AGENCY: Army Corps of Engineers, DoD.
ACTION: Notice.
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SUMMARY: The U.S. Army Corps of Engineers (USACE), as part of an
interagency effort with the U.S. Environmental Protection Agency (EPA),
the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of
Agriculture Natural Resources Conservation Service (NRCS), is
announcing the availability of the final 2020 National Wetland Plant
List (NWPL). The NWPL provides plant species indicator status ratings,
which are used in determining whether the hydrophytic vegetation factor
is met when conducting wetland delineations under the Clean Water Act
and wetland determinations under the Wetland Conservation Provisions of
the Food Security Act. Other applications of the NWPL include wetland
restoration, establishment, and enhancement projects.
DATES: The 2020 NWPL will become applicable on November 2, 2021, and
will be used in any wetland delineations performed after this date.
Delineations completed prior to this date may still use the 2018 NWPL.
Completed wetland delineation/determination forms should reference the
version of the NWPL used to complete the form.
ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO-R, 441 G Street
NW, Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT: Brianne McGuffie, Headquarters, U.S.
Army Corps of Engineers, Operations and Regulatory Community of
Practice, Washington, DC 20314-1000, by phone at 202-761-4750 or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
Background
The U.S. Army Corps of Engineers (USACE) administers the National
Wetland Plant List (NWPL) for the United States (U.S.) and its
territories. Responsibility for the NWPL was transferred to USACE from
the U.S. Fish and Wildlife Service (FWS) in 2006. The NWPL has
undergone several revisions since its inception in 1988. Additions or
deletions to the NWPL represent new records, range extensions,
nomenclatural and taxonomic changes, and newly proposed species. The
latest review process began in 2020 and included review by Regional
Panels (RPs), the National Panel (NP), and the public, who provided
input on proposed wetland rating changes or additions for 27 species
and 48 regional ratings (some species were reviewed for multiple
regions) submitted by the public. Twenty of these species were proposed
for addition to the NWPL, and seven species were submitted for a rating
change request in one or more regions. The proposed indicator changes
were announced in a Federal Register Notice, 86 FR 15656, March 24,
2021, with the comment period ending on May 24, 2021. Thirteen comments
were received during that time.
Wetland Indicator Status Ratings
On the NWPL, there are five categories of wetland indicator status
ratings, used to indicate a plant's likelihood for occurrence in
wetlands versus non-wetlands: Obligate Wetland (OBL), Facultative
Wetland (FACW), Facultative (FAC), Facultative Upland (FACU), and
Upland (UPL). These rating categories are defined by the NP as follows:
OBL--almost always occur in wetlands; FACW--usually occur in wetlands,
but may occur in non-wetlands; FAC--occur in wetlands and non-wetlands;
FACU--usually occur in non-wetlands, but may occur in wetlands; UPL--
almost always occur in non-wetlands. These category definitions are
qualitative descriptions that better reflect the qualitative supporting
information, rather than numeric frequency ranges. The
[[Page 60450]]
percentage frequency categories used in the older definitions are only
used for testing problematic or contested species being recommended for
indicator status changes. Plus and minus designations and wetland
indicator designations such as No Indicator (NI), No Occurrence (NO),
and No Agreement (NA) were removed in 2012 and are no longer used on
the NWPL. More information on the specifics of how to use these ratings
is available on the NWPL website at https://wetland-plants.sec.usace.army.mil/.
The NWPL is utilized in conducting wetland delineations under the
authority of Section 404 of the Clean Water Act (33 U.S.C. 1344) and
Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 401 et
seq.) and wetland determinations under the authority of the Food
Security Act of 1985 (16 U.S.C. 3801 et seq.). For the purposes of
determining how often a species occurs in wetlands, wetlands are
defined as either (1) those areas that are inundated or saturated by
surface or ground water at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions
(33 CFR 328.3) or (2) ``except when such term is part of the term
`converted wetland,' means land that has a predominance of hydric
soils; is inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support a prevalence of
hydrophytic vegetation typically adapted for life in saturated soil
conditions; and under normal circumstances does support a prevalence of
such vegetation.'' (16 U.S.C. 3801(a)(27) and 7 CFR 12.2). Wetlands are
identified using the three-factor approach. Because each species being
evaluated occurs as part of a vegetation assemblage, examining the
other species present in relation to their assigned wetland fidelity
may be useful in assessing hydrophytic vegetation.
Discussion of Public Comments
For the 2020 NWPL update, the NWPL NP and RPs reviewed proposed
wetland rating changes or additions for 27 species and 48 regional
ratings (some species were reviewed for multiple regions) submitted by
the public. Twenty of these species were proposed for addition to the
NWPL, and seven species were submitted for a rating change request in
one or more regions. Submitted information was reviewed by the NP and
RPs, and proposed 2020 ratings for these species were determined. Along
with soliciting information on the species being evaluated, we also
solicited comments on the overall NWPL process. This information was
detailed in the Federal Register Notice, 86 FR 15656, March 24, 2021
and is provided in the table below.
At the close of the comment period associated with the Federal
Register notice, it was discovered that Spiranthes diluvialis, which
was proposed for listing on the NWPL, was already included on the
existing NWPL with the indicator status rating of FACW in the Arid West
(AW), Great Plains (GP), and Western Mountains, Valleys, and Coast
(WMVC). As a result, no action was taken with regard to Spiranthes
diluvialis and the indicator status remains unchanged.
In response to the initial Federal Register notice, thirteen
comments were received, addressing seven different species. One comment
was regarding ``Populus fremontii'' (synonym of Populus deltoides on
the 2018 NWPL), recommending that the indicator status in the AW be
changed from FAC to FACW. However, this species was not proposed for
review or recommended indicator status change at the beginning of the
2020 update process and is therefore not included in this update
effort. The proposed change to this species will be evaluated in the
2022 NWPL update. Another comment was on Echinacea laevigata in the
Atlantic and Gulf Coastal Plain (AGCP) and the Eastern Mountains and
Piedmont (EMP). The commenter agreed with the proposed indicator status
of FACU for both regions. The main point of this comment was
questioning whether rare species, such as E. laevigata, should be
included on the NWPL. This comment was reviewed by the NWPL RPs and NP
and there was overall agreement that it is appropriate to include all
species for which we have adequate data to support assignment of an
indicator status.
One commenter recommended that Boltonia decurrens in the Midwest
(MW) be rated FACW, rather than the proposed FAC. Five commenters
recommended that Populus balsamifera in the WMVC be rated FAC, rather
than the proposed FACW. Three commenters, two in the AW and one in the
WMVC, recommended that Vinca major be rated FACU, rather than the
proposed FAC. These recommendations were reviewed by the NWPL RPs and
NP, along with literature, specimen collection data, and professional
experience and the commenters' recommendations were chosen as the final
ratings for each of these three species.
One commenter recommended that Platanthera praeclara in the MW be
rated FACW, rather than the proposed FAC. This recommendation was
reviewed by the MW and GP RPs and the NP, along with literature,
specimen collection data, and professional experience and the
commenter's recommendation of FACW was chosen as the final rating in
both the MW and the GP.
One commenter recommended that Hypericum calycinum in the AW be
rated UPL, rather than the proposed FAC. This recommendation was
reviewed by the AW and WMVC RPs and the NP, along with literature,
specimen collection data, and professional experience. Based on this
review, FACU was assigned as the indicator status for Hypericum
calycinum in both the AW and WMVC Regions.
Species Reviewed for NWPL 2020 Update
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Current 2018 NWPL Proposed 2020 NWPL Final 2020 NWPL
Species Region rating * rating rating
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Aconitum noveboracense.......... MW................ NL................ FACW.............. FACW.
Aconitum noveboracense.......... NCNE.............. NL................ FAC............... FAC.
Aeschynomene virginica.......... AGCP.............. FACW.............. OBL............... OBL.
Apios priceana.................. AGCP.............. NL................ FACU.............. FACU.
Apios priceana.................. EMP............... NL................ FACU.............. FACU.
Apios priceana.................. MW................ NL................ FACU.............. FACU.
Asclepias meadii................ EMP............... NL................ FACU.............. FACU.
Asclepias meadii................ MW................ NL................ FACU.............. FACU.
Asplenium scolopendrium......... EMP............... NL................ FACU.............. FACU.
Asplenium scolopendrium......... NCNE.............. NL................ UPL............... UPL.
Atriplex lentiformis............ AW................ FAC............... FACU.............. FACU.
[[Page 60451]]
Boltonia decurrens.............. MW................ NL................ FAC............... FACW.
Celastrus orbiculatus........... NCNE.............. UPL............... FACU.............. FACU
Cirsium pitcheri................ MW................ NL................ FACU.............. FACU.
Cirsium pitcheri................ NCNE.............. NL................ UPL............... UPL.
Dalea foliosa................... NCNE.............. NL................ FAC............... FAC.
Dalea foliosa................... EMP............... NL................ FAC............... FAC.
Dalea foliosa................... MW................ NL................ FAC............... FAC.
Echinacea laevigata............. AGCP.............. NL................ FACU.............. FACU.
Echinacea laevigata............. EMP............... NL................ FACU.............. FACU.
Helianthus verticillatus........ AGCP.............. OBL............... FAC............... OBL.
Hypericum calycinum............. AW................ NL................ FAC............... FACU.
Hypericum calycinum............. WMVC.............. NL................ FAC............... FACU.
Lespedeza leptostachya.......... MW................ NL................ FACU.............. FACU.
Lespedeza leptostachya.......... NCNE.............. NL................ FACU.............. FACU.
Ligustrum lucidum............... AGCP.............. NL................ FAC............... FAC.
Ligustrum lucidum............... GP................ NL................ FACU.............. FACU.
Ligustrum lucidum............... HI................ NL................ FAC............... FAC.
Oxypolis canbyi................. AGCP.............. NL................ OBL............... OBL.
Peucedanum palustre............. NCNE.............. NL................ OBL............... OBL.
Physaria globosa................ MW................ NL................ FACU.............. FACU.
Physaria globosa................ EMP............... NL................ FACU.............. FACU.
Pinus palustris................. AGCP.............. FACU.............. FAC............... FAC.
Platanthera praeclara........... GP................ NL................ FAC............... FACW.
Platanthera praeclara........... MW................ NL................ FAC............... FACW.
Platanthera praeclara........... NCNE.............. NL................ FACW.............. FACW.
Populus balsamifera............. WMVC.............. FAC............... FACW.............. FAC.
Quercus pagoda.................. AGCP.............. FACW.............. FAC............... FAC.
Silene spaldingii............... AW................ NL................ FACU.............. FACU.
Silene spaldingii............... WMVC.............. NL................ FACU.............. FACU.
Spiranthes diluvialis........... AW................ FACW.............. FACW.............. FACW.
Spiranthes diluvialis........... GP................ FACW.............. FACW.............. FACW.
Spiranthes diluvialis........... WMVC.............. FACW.............. FACW.............. FACW.
Trifolium stoloniferum.......... EMP............... NL................ FACU.............. FACU.
Trifolium stoloniferum.......... MW................ NL................ FACU.............. FACU.
Vinca major..................... AW................ NL................ FAC............... FACU.
Vinca major..................... WMVC.............. NL................ FAC............... FACU.
Xylocarpus moluccensis.......... HI................ NL................ OBL............... OBL.
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* NL = ``Not Listed'' and indicates proposed additions to the NWPL.
As part of the 2020 NWPL update, USACE also proposed making two
administrative changes with the Hawai'i and Pacific Islands Region (HI)
and the South Pacific Islands Subregion (SPI). No comments were
received from the public on this proposal. NWPL subregions are areas in
which small numbers of wetland plants have wetland indicator status
ratings that differ from the ratings for the same plant species in the
rest of the region. Boundaries of subregions are typically based on
Major Land Resource Areas. Under the previous format, the SPI included
certain plant species which had an indicator status rating for SPI but
not for HI (see e.g., indicator status ratings for Abildgaardia ovata;
SPI= FACW, HI= NL). This previous format of HI/SPI is inconsistent with
the formatting of other NWPL regions and subregions and has caused some
confusion when applying the NWPL within HI.
To address this confusion, USACE finalized the two proposed
administrative changes, neither of which affect the current boundaries
of SPI, HI, or any other NWPL regions or subregions. First, USACE
reformatted SPI and HI by merging the lists of plant species from the
existing SPI and HI to form a single, comprehensive region, with SPI
serving as a subregion of HI, instead of the previous state of the
region in which SPI served as a stand-alone subregion separate from the
larger HI region. Plant species that had an indicator status rating for
SPI but not for HI (e.g., Abildgaardia ovata) now have a single,
comprehensive indicator status rating for the entire region (HI). For
those species which had differing indicator status ratings between SPI
and HI (e.g., Abrus precatorius), the indicator status rating for SPI
has been added to the reformatted SPI, which will serve as a subset of
indicator status ratings within HI, and includes only those plant
species and associated indicator status ratings which differ from the
HI indicator status rating. With the exception of Xylocarpus
moluccensis and Ligustrum lucidum, which were recommended changes
submitted by the public, all indicator status ratings for SPI and HI
were retained through this reformatting. This administrative change
provides greater clarity for the public, removes redundancies in the
NWPL that existed between SPI and HI, allows for a consistent
formatting of subregions between all NWPL regions, and more accurately
and appropriately reflects species' distribution and wetland frequency
within SPI and HI.
In addition to reformatting SPI and HI to form a single,
comprehensive region, USACE also renamed SPI from its current name,
``South Pacific Islands Subregion'', to ``Pacific Islands Subregion.''
This subregion includes islands which are located within both the
northern Pacific (i.e., the Commonwealth of the Northern Mariana
Islands and the Territory of Guam) and southern Pacific (i.e., the
Territory of American Samoa). Therefore, the name change more
accurately characterizes
[[Page 60452]]
the geographic extent and spatial variability of this subregion. This
change also creates consistency between the naming conventions of the
NWPL regions and subregions and the Regional Supplements to the Corps
of Engineers Wetland Delineation Manual regions.
In accordance with the Memorandum of Agreement signed in 2017 (2017
MOA),\1\ future updates to the NWPL will continue to occur biennially.
The public may provide input to be considered as part of future NWPL
updates by utilizing the following procedures. A change in indicator
status or addition of a currently unlisted species may be requested at
any time at https://wetland-plants.sec.usace.army.mil/ by clicking on
the ``Submit a NWPL Change Request'' link and submitting the
appropriate data. Appropriate data includes ecological data, literature
reviews, frequency and abundance data, testing descriptions, and
geographic data for the taxon in wetlands and non-wetlands in the USACE
wetland region or subregion for which the change is proposed.
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\1\ U.S. Army Corps of Engineers, the U.S. Environmental
Protection Agency, the U.S. Fish & Wildlife Service and the Natural
Resources Conservation Service. (2017). Memorandum of Agreement
Among the U.S. Army Corps of Engineers, the U.S. Environmental
Protection Agency, the U.S. Fish & Wildlife Service and the Natural
Resources Conservation Service for the Purpose of Updating and
Maintaining the National Wetland Plant List.
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In accordance with the Memorandum of Agreement signed in 2006 (2006
MOA),\2\ USACE, endorsed by the EPA, FWS and NRCS, is publishing final
wetland indicator statuses for the 2020 NWPL. The final NWPL is
available at https://wetland-plants.sec.usace.army.mil/. State,
regional, and national lists can also be downloaded from this site.
This completes the review of the NWPL. All comments received have been
evaluated and final indicator statuses have been set.
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\2\ U.S. Army Corps of Engineers, the U.S. Environmental
Protection Agency, the U.S. Fish & Wildlife Service and the Natural
Resources Conservation Service. (December 12, 2006). Memorandum of
Agreement Among the U.S. Army Corps of Engineers, the U.S.
Environmental Protection Agency, the U.S. Fish & Wildlife Service
and the Natural Resources Conservation Service for the Purpose of
Transferring Responsibility for Updating and Maintaining the
National List of Vascular Plant Species that Occur in Wetlands.
---------------------------------------------------------------------------
Detailed information on the update process, protocol, and technical
issues can be found in the following documents (available on the NWPL
Publications web page):
Lichvar, Robert W. and Minkin, Paul. Concepts and
Procedures for Updating the National Wetland Plant List. Sept 2008.
ERDC/CRREL TN-08-3. Hanover, NH: U.S. Army Engineer Research and
Development Center, Cold Regions Research and Engineering Laboratory.
Lichvar, Robert W. and Gillrich, Jennifer J. Final
Protocol for Assigning Wetland Indicator Status Ratings during National
Wetland Plant List Update. Sept 2011. ERDC/CRREL TN-11-1. Hanover, NH:
U.S. Army Engineer Research and Development Center, Cold Regions
Research and Engineering Laboratory.
Additional cited literature:
Lichvar R.W., N.C. Melvin, M.L. Butterwick, and W.N. Kirchner.
2012. National Wetland Plant List Indicator Rating Definitions. ERDC/
CRREL TN-12-1. Hanover, NH: U.S. Army Engineer Research and Development
Center Cold Regions Research and Engineering Laboratory
Environmental Documentation
A decision document has been prepared for this action after all
comments received were evaluated. The decision document is available
through Headquarters, U.S. Army Corps of Engineers, Operations and
Regulatory Community of Practice, 441 G Street NW, Washington, DC
20314-1000.
Authority
The NWPL is utilized in conducting wetland determinations under the
authority of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.) and
wetland delineations under the authority of Section 404 of the Clean
Water Act (33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act
of 1899 (33 U.S.C. 401 et seq.). The Corps has responsibility for
issuing this update pursuant to the 2006 MOA.
Jaime A. Pinkham,
Acting Assistant Secretary of the Army (Civil Works).
[FR Doc. 2021-23891 Filed 11-1-21; 8:45 am]
BILLING CODE 3720-58-P
