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authority. This rulemaking is Within a 4.1-mile radius of the Lewiston- thence south along long. 115°15′04″ W., until promulgated under the authority Nez Perce County Airport. This Class E intercepting V–187; thence southeast along airspace area is effective during the specific V–187 until intercepting long. 116°00′00″ W.; described in Subtitle VII, Part A, ° ′ ″ Subpart I, Section 40103. Under that dates and times established in advance by a thence south along long. 116 00 00 W.; to Notice to Airmen. The effective date and time lat. 46°15′00″ N.; to lat. 46°00′00″ N., long. section, the FAA is charged with will thereafter be continuously published in 115°50′00″ W.; thence to the point of prescribing regulations to assign the use the Airport/Facility Directory. beginning. of the airspace necessary to ensure the safety of aircraft and the efficient use of Paragraph 6004 Class E airspace designated Issued in Seattle, Washington, on May 23, 2012. airspace. This regulation is within the as an extension to a Class D surface area. scope of that authority as it would * * * * * John Warner Manager, Operations Support Group, Western modify controlled airspace at Lewiston- ANM ID E4 Lewiston, ID [Modified] Service Center. Nez Perce County Airport, Lewiston, ID. Lewiston-Nez Perce County Airport, ID [FR Doc. 2012–13365 Filed 6–1–12; 8:45 am] This proposal will be subject to an (Lat. 46°22′28″ N., long. 117°00′55″ W.) environmental analysis in accordance Nez Perce VOR/DME BILLING CODE 4910–13–P with FAA Order 1050.1E, (Lat. 46°22′54″ N., long. 116°52′10″ W.) ‘‘Environmental Impacts: Policies and Lewiston-Nez Perce ILS Localizer Procedures’’ prior to any FAA final (Lat. 46°22′27″ N., long. 117°01′54″ W.) DEPARTMENT OF THE INTERIOR regulatory action. That airspace extending upward from the surface within 2.7 miles each side of the Fish and Wildlife Service List of Subjects in 14 CFR Part 71 Lewiston-Nez Perce ILS localizer course Airspace, Incorporation by reference, extending from the 4.1-mile radius of the 50 CFR Part 17 Navigation (air). airport to 14 miles east of the airport and within 3.5 miles each side of the Nez Perce [FWS–R8–ES–2012–0026; 92220–1113– The Proposed Amendment VOR/DME 266° radial extending from the 0000–C5] 4.1-mile radius of the airport to 13.1 miles Accordingly, pursuant to the west of the airport. This Class E airspace area Endangered and Threatened Wildlife authority delegated to me, the Federal is effective during the specific dates and and Plants; 90-Day Finding on a Aviation Administration proposes to times established in advance by a Notice to Petition To Delist or Reclassify From amend 14 CFR Part 71 as follows: Airmen. The effective date and time will Endangered to Threatened Six thereafter be continuously published in the California Species PART 71—DESIGNATION OF CLASS A, Airport/Facility Directory. B, C, D AND E AIRSPACE AREAS; AIR AGENCY: Fish and Wildlife Service, Paragraph 6005 Class E airspace areas Interior. TRAFFIC SERVICE ROUTES; AND extending upward from 700 feet or more REPORTING POINTS above the surface of the earth. ACTION: Notice of 90-day petition 1. The authority citation for 14 CFR * * * * * findings and initiation of status reviews. Part 71 continues to read as follows: ANM ID E5 Lewiston, ID [Modified] SUMMARY: We, the U.S. Fish and Authority: 49 U.S.C. 106(g), 40103, 40113, Lewiston-Nez Perce County Airport, ID Wildlife Service (Service), announce a 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– (Lat. 46°22′28″ N., long. 117°00′55″ W.) 90-day finding on a petition to delist the 1963 Comp., p. 389. Walla Walla VOR/DME Inyo California towhee (Pipilo crissalis (Lat. 46°05′13″ N., long. 118°17′33″ W.) § 71.1 [Amended] eremophilus), and to reclassify from That airspace extending upward from 700 endangered to threatened the arroyo 2. The incorporation by reference in feet above the surface bounded by a line toad (Anaxyrus californicus), Indian 14 CFR Part 71.1 of the Federal Aviation beginning at lat. 46°33′00″ N., long. Knob mountainbalm (Eriodictyon Administration Order 7400.9V, Airspace 117°38′00″ W.; to lat. 46°31′30″ N., long altissimum), Lane Mountain milk-vetch Designations and Reporting Points, 117°14′00″ W.; to lat. 46°40′00″ N., long. ° ′ ″ ° ′ ″ (Astragalus jaegerianus), Modoc sucker dated August 9, 2011, and effective 116 48 00 W.; to lat. 46 26 00 N., long. ( microps), and Santa Cruz 116°26′00″ W.; to lat. 46°13′00″ N., long. September 15, 2011 is amended as cypress (Cupressus abramsiana) under follows: 116°30′00″ W.; to lat. 46°14′00″ N., long. 116°35′00″ W.; to lat. 46°06′00″ N., long. the Act of 1973, as Paragraph 5000 Class D airspace. 116°47′00″ W.; to lat. 46°17′00″ N., long. amended (Act). Based on our review, we * * * * * 116°49′00″ W.; to lat. 46°18′00″ N., long find that the petition presents 117°00′00″ W.; to lat. 46°17′30″ N., long. substantial scientific or commercial ANM ID D Lewiston, ID [Modified] 117°22′00″ W.; to lat. 46°10′30″ N., long. information indicating that the Lewiston-Nez Perce County Airport, ID 117°26′30″ W.; to lat. 46°12′00″ N., long. petitioned actions may be warranted. ° ′ ″ ° ′ ″ ° ′ ″ (Lat. 46 22 28 N., long. 117 00 55 W.) 117 36 00 W.; thence to point of beginning; Therefore, with the publication of this That airspace extending upward from the that airspace extending upward from 1,200 notice, we are initiating status reviews surface to and including 3,900 feet MSL feet above the surface bounded by a line ° ′ ″ of these taxa to determine if the within a 4.1-mile radius of the Lewiston-Nez beginning at lat. 46 00 00 N., long. ° ′ ″ ° ′ ″ respective actions of delisting and Perce County Airport. This Class D airspace 116 00 04 W.; to lat. 46 00 00 N., long. ° ′ ″ ° ′ ″ area is effective during the specific dates and 116 19 00 W.; to lat. 45 39 00 N., long. reclassifying are warranted. Section ° ′ ″ ° ′ ″ times established in advance by a Notice to 116 10 03 W.; to lat. 45 30 00 N., long. 4(c)(2)(A) of the Act also requires a ° ′ ″ ° ′ ″ Airmen. The effective date and time will 116 14 03 W.; to lat. 45 23 00 N., long. status review of listed species at least ° ′ ″ ° ′ ″ thereafter be continuously published in the 116 21 03 W.; to lat. 45 25 00 N., long. once every 5 years. The status reviews ° ′ ″ ° ′ ″ Airport/Facility Directory. 116 34 04 W.; to lat. 45 30 00 N., long. we are initiating will also fulfill the 116°46′04″ W.; to lat. 46°00′00″ N., long. Paragraph 6002 Class E airspace designated ° ′ ″ requirements of section 4(c)(2) of the 116 56 04 W.; thence west along lat. Act. To ensure that these status reviews as surface areas. 46°00′00″ N., to the Walla Walla VOR/DME are comprehensive, we are requesting * * * * * 16.6-mile radius, thence counter clockwise along the Walla Walla VOR/DME 16.6-mile scientific and commercial data and ANM ID E2 Lewiston, ID [Modified] radius until intercepting V–536, thence other information regarding these Lewiston-Nez Perce County Airport, ID northeast along V–536 and southeast along species and subspecies. Based on these (Lat. 46°22′28″ N., long. 117°00′55″ W.) V–2 until intercepting long. 115°15′04″ W.; status reviews, we will issue 12-month

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findings for each of the species in the milk-vetch, or Santa Cruz cypress, Submissions merely stating support petition, which will address whether contact Diane Noda, Field Supervisor, for or opposition to the action under the petitioned actions are warranted by mail at U.S. Fish and Wildlife consideration without providing under section 4(b)(3)(B) of the Act. Service, Ventura Fish and Wildlife supporting information, although noted, DATES: To allow us adequate time to Office, 2493 Portola Road Suite B, cannot be considered in making a conduct this review, we request that we Ventura, CA 93003; by telephone at determination. Section 4(b)(1)(A) of the receive information on or before August 805–644–1766; or by facsimile at 805– Act directs that determinations as to 3, 2012. Please note that if you are using 644–3958. If you use a whether any species is an endangered or the Federal eRulemaking Portal (see telecommunications device for the deaf threatened species must be made ADDRESSES section below), the deadline (TDD), please call the Federal ‘‘solely on the basis of the best scientific for submitting an electronic comment is Information Relay Service (FIRS) at and commercial data available.’’ 11:59 p.m. Eastern Standard Time on 800–877–8339. You may submit your information this date. SUPPLEMENTARY INFORMATION: concerning these status reviews by one of the methods listed in the ADDRESSES ADDRESSES: You may submit Request for Information section. If you submit information via information by one of the following http://www.regulations.gov, your entire methods: When we make a finding that a submission—including any personal • Federal eRulemaking Portal: http:// petition presents substantial identifying information—will be posted www.regulations.gov. In Search field, information indicating that delisting or on the Web site. If you submit a enter the Docket number for this reclassifying a species may be hardcopy that includes personal finding, which is FWS–R8–ES–2012– warranted, we are required to promptly identifying information, you may 0026. Then click the Search button. You review the status of the species (status request at the top of your document that should then see an entry for this review). For the status reviews to be we withhold this personal identifying document that includes a button that complete and based on the best information from public review. reads, ‘‘Comment Now!’’ Please ensure available scientific and commercial information, we request information on However, we cannot guarantee that we that you have found the correct will be able to do so. We will post all rulemaking before submitting your the Inyo California towhee, arroyo toad, Indian Knob mountainbalm, Lane hardcopy submissions at http:// comment. If your comments will fit in www.regulations.gov. the provided comment box, please use Mountain milk-vetch, Modoc sucker, and Santa Cruz cypress from Information and supporting this feature of http:// documentation that we received and www.regulations.gov, as it is most governmental agencies, Native American tribes, the scientific used in preparing this finding are compatible with our comment review available for you to review at http:// procedures. If you attach your community, industry, and any other interested parties. We seek information www.regulations.gov, or you may make comments as a separate document, our an appointment during normal business preferred file format is Microsoft Word. on: (1) The species’ biology, range, and hours at the U.S. Fish and Wildlife If you attach multiple comments (such Service, Klamath Falls or Ventura Fish as form letters), our preferred format is population trends, including: (a) Habitat requirements for feeding, and Wildlife Office (see FOR FURTHER a spreadsheet in Microsoft Excel. INFORMATION CONTACT). • U.S. mail or hand-delivery: Public breeding, and sheltering; Comments Processing, Attn: FWS–R8– (b) Genetics and ; Background (c) Historical and current range, ES–2012–0026; Division of Policy and including distribution patterns; Section 4(b)(3)(A) of the Act (16 Directives Management; U.S. Fish and (d) Historical and current population U.S.C. 1533(b)(3)(A)) requires that we Wildlife Service; 4401 N. Fairfax Drive, levels, and current and projected trends; make a finding on whether a petition to MS 2042–PDM; Arlington, VA 22203. and list, delist, or reclassify a species We will post all information we (e) Past and ongoing conservation presents substantial scientific or receive on http://www.regulations.gov. measures for the species, their habitats, commercial information indicating that This generally means that we will post or both. the petitioned action may be warranted. any personal information you provide (2) The factors that are the basis for We are to base this finding on us (see the Request for Information making a listing, delisting, or information provided in the petition, section below for more details). downlisting determination for a species supporting information submitted with After August 3, 2012, you must under section 4(a) of the Act, as the petition, and information otherwise submit information directly to the Field amended (16 U.S.C. 1531 et seq.): available in our files. To the maximum Office (see FOR FURTHER INFORMATION (a) The present or threatened extent practicable, we are to make this CONTACT). Please note that we might not destruction, modification, or finding within 90 days of our receipt of be able to address or incorporate curtailment of its habitat or range; the petition and publish our notice of information that we receive after the (b) Overutilization for commercial, the finding promptly in the Federal above requested date. recreational, scientific, or educational Register. FOR FURTHER INFORMATION CONTACT: For purposes; Our standard for substantial scientific information regarding the Modoc (c) Disease or predation; or commercial information within the sucker, contact Laurie Sada, Field (d) The inadequacy of existing Code of Federal Regulations (CFR) with Supervisor, by mail at U.S. Fish and regulatory mechanisms; and regard to a 90-day petition finding is Wildlife Service, Klamath Falls Fish and (e) Other natural or manmade factors ‘‘that amount of information that would Wildlife Office, 1936 California Avenue, affecting its continued existence. lead a reasonable person to believe that Klamath Falls, OR 97601; by telephone Please include sufficient information the measure proposed in the petition at 541–885–8481; or by facsimile at with your submission (such as may be warranted’’ (50 CFR 424.14(b)). 541–885–7837. references to scientific journal articles If we find that substantial scientific or For information regarding the Inyo or other publications) to allow us to commercial information was presented, California towhee, arroyo toad, Indian verify any scientific or commercial we are required to promptly conduct a Knob mountainbalm, Lane Mountain information you include. species status review, which we

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subsequently summarize in our following reasons: (1) The species is in 2006 (71 FR 14538, March 22, 2006), 12-month finding. considered extinct; (2) the species is and a 5-year review completed in 2009 Section 4(c)(2)(A) of the Act requires considered recovered; or (3) the original recommended that Indian knob that we conduct a review of listed data available when the species was mountainbalm be reclassified to species at least once every 5 years. We listed, or the interpretation of such data, threatened (75 FR 28636, May 21, 2010; are then, under section 4(c)(2)(B), to were in error. Service 2009b, p. 15). determine on the basis of such a review The Inyo California towhee was listed Lane Mountain milk-vetch was listed whether or not any species should be as threatened in 1987, and critical as endangered in 1998 (63 FR 53596, removed from the List (delisted), or habitat was designated concurrent with October 6, 1998). In 2005, we completed reclassified from endangered to the listing (52 FR 28780, August 3, a critical habitat rulemaking process threatened, or threatened to endangered. 1987). At the time of listing, this species that resulted in a decision to designate Our regulations at 50 CFR 424.21 was classified as the subspecies Pipilo zero (0) acres of critical habitat for this require that we publish a notice in the fuscus eremophilus. Following the species (70 FR 18220, April 8, 2005). In Federal Register announcing those American Ornithologist Union (1989), 2011, we revised the critical habitat species currently under active review. we now recognize this subspecies as the designation and designated 14,069 acres This notice announces our active review Inyo California towhee (P. crissalis (76 FR 29108, May 19, 2011). No of the Inyo California towhee, arroyo eremophilus). A recovery plan was recovery plan has been completed for toad, Indian Knob mountainbalm, Lane published for the species in 1998 Lane Mountain milk-vetch. A notice Mountain milk-vetch, Modoc sucker, (Service 1998a). A notice initiating a 5- initiating a 5-year review was published and Santa Cruz cypress. year review was published for the Inyo for the species in 2006 (71 FR 14538, California towhee in 2006 (71 FR 14538, Petition History March 22, 2006), and a 5-year review March 22, 2006). A 5-year review completed in 2008 recommended that On December 21, 2011, we received a completed in 2008 recommended that Lane Mountain milk-vetch be petition dated December 19, 2011, from the Inyo California towhee be delisted reclassified to threatened (74 FR 12878, The Pacific Legal Foundation, (74 FR 12878, March 25, 2009; Service March 25, 2009; Service 2008b, p. 20)). requesting the Service to delist the Inyo 2008a, p. 20). California towhee, and to reclassify from The arroyo toad was listed as Modoc sucker was listed as endangered to threatened the arroyo endangered in 1994 (59 FR 64859, endangered in 1985, and critical habitat toad, Indian Knob mountainbalm, Lane December 16, 1994). At the time the was designated concurrent with the Mountain milk-vetch, Modoc sucker, species was listed, it was classified as a listing (50 FR 24526, June 11, 1985). At and Santa Cruz cypress, based on the subspecies (Bufo microscaphus the time of listing, the Service, the analysis and recommendations californicus) of the southwestern toad California Department of Fish and contained in the most recent 5-year (B. microscaphus). However, the Game, and the U.S. Forest Service were reviews for these taxa. The petition taxonomy of the arroyo toad was re- developing an ‘‘Action Plan for the clearly identified itself as such and examined (Gergus 1998), and as a result, Recovery of the Modoc sucker.’’ The included the requisite identification in 2001, the Service formally changed April 27, 1983, revision of this Plan was information for the petitioner, as the name on the List of Endangered and formally signed by all participants in required by 50 CFR 424.14(a). Threatened Wildlife to B. californicus 1984 (Service 1984). We determined (66 FR 9414, February 7, 2001). Based that the Action Plan and its 1989 Previous Federal Actions on a phylogenetic analysis of revisions adequately fulfilled the Under the Act, we maintain the Lists comparative anatomical and molecular requirements of a recovery plan, and in of Endangered and Threatened Wildlife genetic data for amphibians (Frost et al. a 1992 memorandum from the Regional and Plants at 50 CFR 17.11 (for ) 2006, p. 363), the Service again formally Director (Region 1) to the Service’s and 17.12 (for plants) (Lists). We amend changed the name on the List to Director, we adopted it as the Recovery the Lists by publishing final rules in the Anaxyrus californicus in 2011 (76 FR Plan for the Modoc sucker (Service Federal Register. Section 4(c)(2)(A) of 7246, February 9, 2011). A recovery 1992). A notice initiating a 5-year the Act requires that we conduct a plan was published in 1999 (Service review was published for the Modoc review of listed species at least once 1999). Critical habitat was designated in sucker in 2006 (71 FR 14538, March 22, every 5 years. Section 4(c)(2)(B) requires 2001 (66 FR 9414, February 7, 2001) and 2006), and a 5-year review completed in that we determine: (1) Whether a revised in 2005 (70 FR 19562, April 13, 2009 recommended that the Modoc species no longer meets the definition of 2005). Critical habitat was revised a sucker be reclassified to threatened (75 threatened or endangered and should be second time in 2011 (76 FR 7246, FR 28636, May 21, 2010; Service 2009c, removed from the Lists (delisted), (2) February 9, 2011). A notice initiating a p. 38). whether a species listed as endangered 5-year review was published in 2008 (73 Santa Cruz cypress was listed as more properly meets the definition of FR 11945, March 5, 2008), and a 5-year endangered in 1987 (52 FR 675, January threatened and should be reclassified to review completed in 2009 8, 1987), and critical habitat has not threatened (downlisted), or (3) whether recommended that the arroyo toad be been designated. A recovery plan was a species listed as threatened more reclassified to threatened (75 FR 28636, completed for the species in 1998 properly meets the definition of May 21, 2010; Service 2009a, p. 31). (Service 1998c). A notice initiating a 5- endangered and should be reclassified Indian Knob mountainbalm was listed year review was published for Santa to endangered (uplisted). Using the best as endangered in 1994 (59 FR 64613, Cruz cypress in 2007 (72 FR 7064, scientific and commercial data December 15, 1994). Critical habitat has February 14, 2007), and a 5-year review available, we will consider a species for not been designated for this species. A completed in 2009 recommended that delisting if the data substantiate that the recovery plan was published in 1998 Santa Cruz cypress be reclassified to species is neither endangered nor (Service 1998b). A notice of review threatened (75 FR 28636, May 21, 2010; threatened for one or more of the initiating a 5-year review was published Service 2009d, p. 18).

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TABLE 1—PREVIOUS FEDERAL ACTIONS FOR THE SIX TAXA ADDRESSED IN THIS PETITION FINDING

Most recent 5-year Species name Date listed and status Critical habitat designated Recovery plan review and published recommendation

Inyo California towhee (Pipilo crissalis August 3, 1987 (52 FR August 3, 1987 (52 FR April 10, 1998 ...... September 30, 2008. eremophilus). 28780). 28780). Delist. Threatened. Arroyo toad (Anaxyrus californicus) ..... December 16, 1994 (59 February 9, 2011 (76 FR July 24, 1999 ...... August 17, 2009. FR 64859). 7246). Downlist. Endangered. Eriodictyon altissimum (Indian Knob December 15, 1994 (59 None ...... September 26, 1998 .. February 4, 2009. mountainbalm). FR 64613). Downlist. Endangered. Astragalus jaegerianus (Lane Mountain October 6, 1998 (63 FR May 19, 2011 (76 FR None ...... July 10, 2008. milk-vetch). 53596). 29108). Downlist. Endangered. Modoc sucker (Catostomus microps) .. June 11, 1985 (50 FR June 11, 1985 (50 FR February 28, 1992 ..... August 3, 2009. 24526). 24526). Downlist. Endangered. Cupressus abramsiana (Santa Cruz January 8, 1987 (52 FR None ...... September 29, 1998 .. August 17, 2009. cypress). 675). Downlist. Endangered.

Species Information rhizomatous suckers (shoots extending typically occupy small, moderate- The Inyo California towhee is a from a root-like subterranean stem), but gradient streams with low summer flow. subspecies of the California towhee flowers can also produce numerous tiny They are most abundant in pools, (Pipilo crissalis) found in the southern seeds. Indian Knob mountainbalm especially those deeper than 1 foot (0.3 Argus Mountains of the Mojave Desert occurs within coastal dune scrub and m), where they graze on algae and small in Inyo County, California. This coastal chaparral plant communities benthic invertebrates. For more subspecies requires areas of dense where it grows on tar sand or sandy information on the life history, biology, riparian vegetation to provide nesting loam soils. For more information on the and distribution of the Modoc sucker, substrate, protection from predators, life history, biology, and distribution of see the 2009 5-year review of the species and shade from the desert sun. It also Indian Knob mountainbalm, see the at http://www.regulations.gov or http:// uses upland creosote vegetation for 2009 5-year review of the species at www.fws.gov/endangered/. nesting and foraging. For more http://www.regulations.gov or http:// Santa Cruz cypress is a small-statured information on the life history, biology, www.fws.gov/endangered/. tree in the cypress family and distribution of Inyo California Lane Mountain milk-vetch is a (Cupressaceae), with mature trees towhee, see the 2008 5-year review of perennial plant species found in the reaching 82 feet (25 meters) in height. the species at http:// west Mojave Desert in San Bernardino This species occurs as patches within a www.regulations.gov or http:// County, California. It typically twines mosaic of coastal chaparral and mixed www.fws.gov/endangered/. up through a host shrub that it uses for evergreen forests located on dry ridges The arroyo toad is a small, dark- structural support. Although the taproot inland from the coastal fog belt. At an spotted toad that occurs in the is perennial, the aboveground portion of average of 11 years of age, trees begin headwaters of coastal drainages in the plant is herbaceous and resprouts producing cones that slowly release southern California. Its breeding habitat from the taproot or old stems with the seeds throughout the life of the tree. consists of slow-moving streams with first winter rains, dying back during the However, fire can accelerate seed shallow pools, nearby sandbars, and drier summer months. In years with release, and areas that have been adjacent stream terraces. The arroyo little rainfall, taproots may remain recently disturbed by fire or mechanical toad breeds and deposits egg masses in dormant and few plants will be visible. means can produce a high number of shallow sandy pools that are usually In years with more rainfall, individuals saplings. This species is known from bordered by sand and gravel flood may grow vegetatively and produce five populations in the Santa Cruz terraces. Outside of the breeding season, seed. For more information on the life Mountains in Santa Cruz and San Mateo arroyo toads are essentially terrestrial history, biology, and distribution of Counties, California. For more and are known to use a variety of Lane Mountain milk-vetch, see the 2008 information on the life history, biology, upland habitats. For more information 5-year review of the species at http:// and distribution of Santa Cruz cypress, on the life history, biology, and www.regulations.gov or http:// see the 2009 5-year review of the species distribution of the arroyo toad, see the www.fws.gov/endangered/. at http://www.regulations.gov or http:// 2009 5-year review of the species at The Modoc sucker is a relatively www.fws.gov/endangered/. http://www.regulations.gov or http:// small member of the sucker family Evaluation of Information for This www.fws.gov/endangered/. (Catasomidae), usually reaching only 7 Finding Indian Knob mountainbalm is a inches (17.8 cm) in total length when perennial plant species endemic to mature. It is known from three stream Section 4 of the Act (16 U.S.C. 1533) southwestern San Luis Obispo County, drainages in the Pit River Basin, and its implementing regulations at 50 California. It is a diffusely branched including the Goose Lake subbasin in CFR part 424 set forth the procedures evergreen shrub that can reach heights northeastern California (Modoc and for adding a species to, or removing a of 6 to 13 feet (2 to 4 meters). New Lassen Counties) and south-central species from, the Federal Lists of growth occurs primarily from Oregon (Lake County). Modoc suckers Endangered and Threatened Wildlife

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and Plants. A species may be Knob mountainbalm, Modoc sucker, The primary reason for the determined to be an endangered or and Santa Cruz cypress. Status change recommendation in the 2009 5-year threatened species due to one or more recommendations for these species are review to downlist Indian Knob of the five factors described in section shown in Table 1. Each 5-year review mountainbalm was the removal of the 4(a)(1) of the Act: contains general background and life- threat of development throughout the (A) The present or threatened history information, overview of species’ range (Service 2009b, p. 11). destruction, modification, or recovery criteria, an analysis of threats The best available information indicated curtailment of its habitat or range; specific to each taxon based on the five that occurrences of Indian Knob (B) Overutilization for commercial, listing factors in section 4 the Act, and mountainbalm were self-sustaining and recreational, scientific, or educational recommendation of status change, if stable, were no longer in imminent purposes; appropriate. The petitioner cited the 5- danger of extinction, and that the (C) Disease or predation; year reviews for each of these species as species best met the definition of (D) The inadequacy of existing supporting information for the petition, threatened. regulatory mechanisms; or but provided no other information. We The primary reason for the (E) Other natural or manmade factors hereby cite and incorporate the data and recommendation in the 2008 5-year affecting its continued existence. recommendations in the 5-year reviews review to downlist Lane Mountain milk- We must consider these same five for each of these species. Accordingly, vetch was the increased abundance and factors in delisting a species. We may we have already evaluated information range of the species (Service 2008b, p. delist a species according to 50 CFR regarding threats as presented in the 14) compared to that at the time of 424.11(d) if the best available scientific petition (see the 5-year reviews of the listing. Additionally, information and commercial data indicate that the species at http://www.regulations.gov or available at the time indicated that, species is neither endangered nor http://www.fws.gov/endangered/.). while 20 percent of the species’ range threatened for the following reasons: The primary rationale for the was at risk of extirpation from military (1) The species is extinct; recommendation in the 2008 5-year exercises, most of the remaining habitat (2) The species has recovered and is review to delist the Inyo California had been placed under various no longer endangered or threatened; or towhee was the substantial increase in conservation designations. Based on this (3) The original scientific data used at population numbers and expansion of new understanding of abundance and the time the species was classified were the species’ range (Service 2008a, p. 19). range and the planned conservation in error. In making this 90-day finding, we Additionally, the primary threats measures, the best available information evaluated whether information identified at the time of listing (habitat indicated that Lane Mountain milk- regarding threats to Inyo California loss due to grazing, recreation, water vetch was no longer in imminent danger towhee, arroyo toad, Indian Knob diversion, and mining) have been of extinction and best met the definition mountainbalm, Lane Mountain milk- significantly reduced. Approximately 94 of threatened (Service 2008b, p. 14). vetch, Modoc sucker, and Santa Cruz percent of the species’ range is federally Since the 5-year review, new cypress, as presented in the petition and owned and measures are being information has become available other information available in our files, implemented to conserve the species indicating that the number of is substantial, thereby indicating that (Service 2008a, p. 19). The best individuals has declined between 2001 the petitioned actions may be available information indicated that the and 2011. The information provided warranted. Our evaluation of this species no longer met the definition of with the petition, as well as new information is presented below. endangered or threatened. information contained in our files, will The primary rationale for the be evaluated in the 12-month finding. Information Provided in the Petition recommendation in the 2009 5-year The primary rationale for the 2009 5- The petitioner requested that the review to downlist the arroyo toad was year review recommendation to Service delist the Inyo California the achievement of the recovery plan downlist the Modoc sucker was the towhee, and reclassify the arroyo toad, downlisting criterion of establishing 20 substantial reduction in the threats of Indian Knob mountainbalm, Lane self-sustaining populations of arroyo habitat modification, range reduction, Mountain milk-vetch, Modoc sucker, toads (Service 2009a, p. 19). Since and hybridization (Service 2009c, p. 26). and Santa Cruz cypress based on the listing the arroyo toad in 1994, new Habitat conditions on both public and analysis and recommendations locations in areas not previously known private lands have shown substantial contained in the most recent 5-year to be occupied by arroyo toads have improvement. The distribution of reviews of these taxa. The petitioner been discovered as a result of site- known populations has remained stable cited the 5-year reviews for each of specific surveys. In addition, a new or expanded over the past 20 years. A these species as supporting information population was discovered in Monterey greater understanding of genetic for the petition. County, and the area known to be relationships and natural gene flow occupied by the original 22 populations between the Modoc and Sacramento Evaluation of Information Provided in has expanded as a result of the sucker has reduced concerns about the Petition and Available in Service discovery of new arroyo toad localities. hybridization between the species. The Files Threats to the arroyo toad identified at principal remaining threat is predation On March 25, 2009, we published a the time it was listed in 1994 are still by nonnative fishes, in particularly notice of completion of 42 5-year present. However, many of these threats brown trout (Salmo trutta) and reviews (74 FR 12878), including the have been reduced as a result of various (Micropterus recommendation of status changes for conservation measures undertaken for salmoides). Based on the increased the Inyo California towhee and Lane the species and management plans that range and reduction of threats, the best Mountain milk-vetch. On May 21, 2010, include the species (Service 2009a, p. available information indicated that the we published a notice of completion of 19). The best available information Modoc sucker was no longer in 96 5-year reviews (75 FR 28636), indicated that the species was no longer imminent danger of extinction and best including the recommendation of status in imminent danger of extinction and met the definition of threatened (Service changes for the arroyo toad, Indian best met the definition of threatened. 2009c, p. 26).

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The primary reasons for the 2009 5- is based on information provided in our determine on the basis of such a review year review recommendation to analyses of the threats to each taxon whether or not any species should be downlist Santa Cruz cypress were the contained in the most recent 5-year removed from the List (delisted), or reduction in threats and survey reviews for each of these taxa. reclassified from endangered to information indicating there are a Because we have found that the threatened, or threatened to endangered. substantially greater number of petition presents substantial Our regulations at 50 CFR 424.21 individuals than were known at the information indicating that delisting the require that we publish a notice in the time of listing (Service 2009d, p. 12). Inyo California towhee, and Federal Register announcing those The threats of residential development, reclassifying the arroyo toad, Indian species currently under active review. agricultural conversion, and logging Knob mountainbalm, Lane Mountain This notice announces our active review have decreased since the time of listing, milk-vetch, Modoc sucker, and Santa of the Inyo California towhee, arroyo primarily as a result of land acquisition Cruz cypress may be warranted, we are toad, Indian Knob mountainbalm, Lane for conservation purposes. The species initiating status reviews for the taxa to Mountain milk-vetch, Modoc sucker, still faces threats to its long-term determine whether the petitioned and Santa Cruz cypress. persistence due to a low level of actions of delisting or reclassifying are References Cited regeneration. Based on the reduced warranted. The ‘‘substantial information’’ threats and increased abundance, the A complete list of references cited is best available information indicated that standard for a 90-day finding differs from the Act’s ‘‘best scientific and available on the Internet at http:// Santa Cruz cypress was no longer in www.regulations.gov and upon request imminent danger of extinction and best commercial data’’ standard that applies to a status review to determine whether from the Klamath Falls or Ventura Fish met the definition of threatened (Service and Wildlife Offices (see FOR FURTHER 2009d, p. 12). a petitioned action is warranted. A 90- day finding does not constitute a status INFORMATION CONTACT). Any additional information we review under the Act. We will complete Authors receive in response to this finding will a thorough status review of each species be incorporated into our status review. following a substantial 90-day finding. The primary authors of this notice are Finding In the resulting 12-month finding, we the staff members of the U.S. Fish and will determine whether a petitioned Wildlife Service Pacific Southwest On the basis of our determination action is warranted. Because the Act’s Regional Office in Sacramento, under section 4(b)(3)(A) of the Act, we standards for 90-day and 12-month California. have determined that the petition and findings are different, as described Authority: The authority for this action is information in our files present above, a substantial 90-day finding does the Endangered Species Act of 1973, as substantial scientific or commercial not mean that the 12-month finding will amended (16 U.S.C. 1531 et seq.). information indicating that delisting the result in a warranted finding. Inyo California towhee and reclassifying Dated: May 17, 2012. from endangered to threatened the 5-Year Reviews Gregory E. Siekaniec, arroyo toad, Indian Knob Section 4(c)(2)(A) of the Act requires Acting Director, U.S. Fish and Wildlife mountainbalm, Lane Mountain milk- that we conduct a review of listed Service. vetch, Modoc sucker, and Santa Cruz species at least once every 5 years. We [FR Doc. 2012–13425 Filed 6–1–12; 8:45 am] cypress may be warranted. This finding are then, under section 4(c)(2)(B), to BILLING CODE 4310–55–P

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