Designation of Critical Habitat for Graham's Beardtongue
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Vol. 78 Tuesday, No. 151 August 6, 2013 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Graham’s Beardtongue (Penstemon grahamii) and White River Beardtongue (Penstemon scariosus var. albifluvis); Proposed Rule VerDate Mar<15>2010 19:56 Aug 05, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\06AUP2.SGM 06AUP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 47832 Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Proposed Rules DEPARTMENT OF THE INTERIOR Processing, Attn: FWS–R6–ES–2013– maximum extent prudent and 0082; Division of Policy and Directives determinable, have habitat designated Fish and Wildlife Service Management; U.S. Fish and Wildlife that is considered to be critical habitat. Service; 4401 N. Fairfax Drive, MS Section 4(b)(2) of the Act states that 50 CFR Part 17 2042–PDM; Arlington, VA 22203. the Secretary shall designate and make revisions to critical habitat on the basis [Docket No. FWS–R6–ES–2013–0082; We request that you send comments 4500030113] only by the methods described above. of the best available scientific data after We will post all comments on http:// taking into consideration the economic RIN 1018–AZ61 www.regulations.gov. This generally impact, national security impact, and means that we will post any personal any other relevant impact of specifying Endangered and Threatened Wildlife information you provide us (see the any particular area as critical habitat. and Plants; Designation of Critical Information Requested section below for The Secretary may exclude an area from Habitat for Graham’s Beardtongue (≤ more information). critical habitat if she determines that the Penstemon grahamii) and White River The coordinates or plot points or both benefits of such exclusion outweigh the Beardtongue (Penstemon scariosus from which the maps are generated are benefits of specifying such area as part var. albifluvis) included in the administrative record of the critical habitat, unless she AGENCY: Fish and Wildlife Service, for this critical habitat designation and determines, based on the best scientific Interior. are available at http://www.fws.gov/utah data available, that the failure to designate such area as critical habitat ACTION: Proposed rule. fieldoffice under Latest News, http:// www.regulations.gov at Docket No. will result in the extinction of the SUMMARY: We, the U.S. Fish and FWS–R6–ES–2013–0082, and at the species. Wildlife Service, propose to designate Utah Ecological Services Field Office We are preparing an economic critical habitat for Graham’s (see FOR FURTHER INFORMATION CONTACT). analysis of the proposed designations of beardtongue (Penstemon grahamii) and Any additional tools or supporting critical habitat. In order to consider White River beardtongue (Penstemon information that we may develop for economic impacts, we are preparing an scariosus var. albifluvis) under the this critical habitat designation will also analysis of the economic impacts of the Endangered Species Act of 1973, as be available at the Fish and Wildlife proposed critical habitat designations amended (Act). We are proposing Service Web site and Field Office set out and related factors. We will announce approximately 27,502 hectares (67,959 above, and may also be included in the the availability of the draft economic acres) for designation as critical habitat preamble and/or at http:// analysis as soon as it is completed, at for Graham’s beardtongue in Duchesne www.regulations.gov. which time we will seek additional public review and comment. and Uintah Counties in Utah and Rio FOR FURTHER INFORMATION CONTACT: Blanco County in Colorado. We are We will seek peer review. We are Larry Crist, Field Supervisor, U.S. Fish seeking comments from independent proposing approximately 6,036 hectares and Wildlife Service, Utah Ecological (14,914 acres) for designation as critical specialists to ensure that our critical Services Field Office, 2369 West Orton habitat proposal is based on habitat for White River beardtongue in Circle, Suite 50, West Valley City, UT Duchesne and Uintah Counties in Utah scientifically sound data and analyses. 84119; by telephone at 801–975–3330; We have invited these peer reviewers to and Rio Blanco County in Colorado. If or by facsimile at 801–975–3331. If you we finalize this rule as proposed, it will comment on our specific assumptions use a telecommunications device for the and conclusions in this critical habitat extend the Act’s protections to these deaf (TDD), call the Federal Information species’ critical habitats. proposal. Because we will consider all Relay Service (FIRS) at 800–877–8339. comments and information we receive DATES: We will accept comments SUPPLEMENTARY INFORMATION: during the comment period, our final received or postmarked on or before rule may differ from this proposal. October 7, 2013. Comments submitted Executive Summary electronically using the Federal Why we need to publish a rule. This Information Requested eRulemaking Portal (see ADDRESSES is a proposed rule to designate critical We intend that any final action section, below) must be received by habitat for two plant taxa, Graham’s resulting from this proposed rule will be 11:59 p.m. Eastern Time on the closing beardtongue (Penstemon grahamii) and based on the best scientific data date. We must receive requests for White River beardtongue (P. scariosus available and be as accurate and as public hearings, in writing, at the var. albifluvis), which are proposed as effective as possible. Therefore, we address shown in FOR FURTHER threatened species under the request comments or information from INFORMATION CONTACT by September 20, Endangered Species Act (Act). A other concerned government agencies, 2013. proposed rule to list Graham’s the scientific community, industry, or ADDRESSES: You may submit comments beardtongue and White River any other interested party concerning by one of the following methods: beardtongue as threatened species is this proposed rule. We particularly seek (1) Electronically: Go to the Federal published elsewhere in today’s Federal comments regarding: eRulemaking Portal: http:// Register. Under the Act, any species (1) The reasons why we should or www.regulations.gov. Search for Docket that is determined to be an endangered should not designate habitat as ‘‘critical No. FWS–R6–ES–2013–0082, which is or threatened species requires critical habitat’’ under section 4 of the Act (16 the docket number for this rulemaking. habitat to be designated, to the U.S.C. 1531 et seq.) including whether Then, in the Search panel on the left maximum extent prudent and there are threats to the species from side of the screen, under the Document determinable. Designations and human activity, the degree of which can Type heading, click on the Proposed revisions of critical habitat can only be be expected to increase due to the Rules link to locate this document. You completed by issuing a rule. designation, and whether that increase may submit a comment by clicking on The basis for our action. Under the in threat outweighs the benefit of ‘‘Comment Now!’’ Endangered Species Act, any species designation such that the designation of (2) By hard copy: Submit by U.S. mail that is determined to be an endangered critical habitat may not be prudent. or hand-delivery to: Public Comments or threatened species shall, to the (2) Specific information on: VerDate Mar<15>2010 19:56 Aug 05, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\06AUP2.SGM 06AUP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Proposed Rules 47833 (a) The amount and distribution of benefits of the proposed critical habitat found those physical or biological Graham’s beardtongue and White River designation. features: beardtongue occupied and suitable Please include sufficient information (a) Essential to the conservation of the habitat; with your submission (such as scientific species, and (b) Areas that were occupied at the journal articles or other publications) to (b) Which may require special time of listing (or are currently allow us to verify any scientific or management considerations or occupied) and that contain features commercial information you include. protection; and essential to the conservation of the Please note that submissions merely (2) Specific areas outside the species that should be included in the stating support for or opposition to the geographical area occupied by the designation and why; action under consideration without species at the time it is listed, upon a (c) What areas not occupied at the providing supporting information, determination that such areas are time of listing are essential for the although noted, will not be considered essential for the conservation of the conservation of the species and why; in making a determination, as section species. Conservation, as defined under (d) What may constitute ‘‘physical or 4(b)(2) of the Act directs that critical section 3 of the Act, means to use and biological features essential to the habitat designations be made based on the use of all methods and procedures conservation of the species,’’ within the the best scientific data available and that are necessary to bring an geographical range currently occupied after consideration of economic and endangered or threatened species to the by the species; other relevant impacts. You may submit your comments and point at which the measures provided (e) Where the ‘‘physical or biological pursuant to the Act are no longer features essential to the conservation of materials concerning this proposed rule by one of the methods listed in the necessary. Such methods and the species,’’ features are currently procedures include, but are not limited found; ADDRESSES section. We request that you send comments only by the methods to, all activities associated with (f) Information indicating how these scientific resources management such as species respond to natural and described in the ADDRESSES section.